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Ord 6484 11/05/2019 Authorizing an amendment to the redevelpment agreement for the Maple Street Lofts...guaranteed maximum price
COOK COUNTY, ILLINOIS RECORDING COVER SHEET FOR ORDINANCE No. 6484 — AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE MAPLE STREET LOFTS DEVELOPMENT AND APPROVU4GI AIA DOCUMENT A133-2009„ STANDARD FORM AGREEMENT BETWEEN OWNED, y' ,ND CONSTRUCTION MANAGER AS CONSTRUCTOR, AIA DOCUMENT A133- 2009 EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT AND AIA DOCUMENT A201-2017 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION APPROVED NOVEMBER 6, 2019 After recording return to: KLEIN, THORPE AND JENKINS, LTD. 20 N. WACKER DRIVE, SUITE 1660 CHICAGO, ILLINOIS 60606 425646,11 42 Prepared by:[ts sr_# �j6®1'4j1 'i 4a1 ,r F ee 88.00 Klein Thorpe and Jenkins, Ltd, EDVIrAuD fM. 1,10011 20 North Wacker Drive o Cd@6tf l RECORDER OF REEDS Suite 1660 G.f 1 OF 125 4hllSfba2u2ti 02:28 PM PG Chicago, IL 60606 -2903 f�f1E^ (#2881.189) Prepared on behalf of the Village of Mount Prospect Record against: PINs: 08-12-122-015-0000 08-12-122-016-0000 08-12-122-019-0000 08-12-122-034-0000 08-12-122.036-1007 08-12-122-036-1008 08-12-122-036-1009 [Above space for Recorder's Office] COOK COUNTY, ILLINOIS RECORDING COVER SHEET FOR ORDINANCE No. 6484 — AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE MAPLE STREET LOFTS DEVELOPMENT AND APPROVU4GI AIA DOCUMENT A133-2009„ STANDARD FORM AGREEMENT BETWEEN OWNED, y' ,ND CONSTRUCTION MANAGER AS CONSTRUCTOR, AIA DOCUMENT A133- 2009 EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT AND AIA DOCUMENT A201-2017 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION APPROVED NOVEMBER 6, 2019 After recording return to: KLEIN, THORPE AND JENKINS, LTD. 20 N. WACKER DRIVE, SUITE 1660 CHICAGO, ILLINOIS 60606 425646,11 ORDINANCE NO. 6484 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE MAPLE STREET LOFTS DEVELOPMENT AND APPROVING AIA DOCUMENT A133-2009, STANDARD FORM AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AS CONSTRUCTOR, AIA DOCUMENT A133-2009 EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT AND AIA DOCUMENT A201-2017 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: The Mayor and Board of Trustees of the Village find as follows: A. The Village of Mount Prospect ("Village") is a home rule municipality pursuant to Section 7 of Article VII of the Constitution of the State of Illinois. B. The State of Illinois has adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., as amended from time to time ("TIF Act"). C. Pursuant to its powers and in accordance with the TIF Act, and pursuant to Ordinance Nos. 6293, 6294 and 6295, adopted January 17, 2017, the Prospect and Main Tax Increment Financing District ("TIF District") was formed as a TIF district, for a twenty-three (23) year period. D, In furtherance of the objectives of the abovementioned Ordinances, the Village entered into a "Redevelopment Agreement for the Maple Street Lofts Development Comprising a part of the Prospect and Main TIF District of the Village of Mount Prospect, Illinois," between the Developer and the Village, dated June 9,. 2019, which sets forth the terms and conditions pursuant to which the Developer will proceed with, redevelop, and operate, the Project on the Property ("Redevelopment Agreement"), which terms and conditions include the construction of a public parking garage to be owned by the Village with approximately two hundred sixty-eight (268) spaces. E. The Parties desire to amend the Redevelopment Agreement as it pertains to construction of the public parking garage. Fn The Village further desires to approve an AIA Document A133-2009, Standard Form Agreement between Owner and Construction Manager as Constructor, AIA Document A133-2009 Exhibit A Guaranteed Maximum Price Amendment and AIA A201-2017 General Conditions of Contract for Construction, all with respect to the construction of the public parking garage. 4284461 SECTION 2: Based upon the foregoing, the Village Mayor, Village Clerk and Village Manager, or their designees, be and are hereby authorized and directed to execute the attached Amendment to the Redevelopment Agreement and perform the Village's obligations thereunder. SECTION 3: Based upon the foregoing, Mayor and Board of Trustees hereby waive competitive bidding and approve the AIA Document A133-2009, Standard Form Agreement between Owner and Construction Manager as Constructor, AIA Document A133-2009 Exhibit A Guaranteed Maximum Price Amendment and AIA A201-2017 General Conditions of Contract for Construction, all with respect to the construction of the public parking garage and the Village Mayor, Village Clerk and Village Manager, or their designees, be and are hereby authorized and directed to execute the attached AIA Document A133-2009, Standard Form Agreement between Owner and Construction Manager as Constructor, AIA Document A133-2009 Exhibit A Guaranteed Maximum Price Amendment and perform the Village's obligations thereunder. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this 5th day of November, 2019, pursuant to a roll call vote as follows: AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None APPROVED this 5th day of November, 2019, by the Village Mayor of the Village of Mount Prospect, and attested by the Village Clerk, on the same day. a&e" 0. dv� VillagEwayor APPROVED and FILED in my office this 6th day of November, 2019 and published in pamphlet form in the Village of Mount Prospect, Cook County, Illinois. ATTEST: Village Clef 428446_1 FIRST AMENDMENT TO REDEVELOMENT AGREEMENT FOR THE MAPLE STREET LOFTS DEVELOPMENT COMPRISING A PART OF THE PROSPECT AND MAIN TIF DISTRICT OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS This First Amendment dated this -=� day of November, 2019, amends that certain Redevelopment Agreement for the Maple Street Lofts Development Comprising a Part of the Prospect and Main TIF District of the Village of Mount Prospect, Illinois, dated June 9, 2019, between the Village of Mount Prospect, Illinois, an Illinois home rule municipal corporation (Village") and Maple Street Lofts, LLC, an Illinois limited liability company (Developer). WITNESSETH: In consideration of the mutual covenants herein contained, and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Village and the Developer agree as follows: 1. The aforesaid Redevelopment Agreement, Section VI., Development of the Property, Subsection E., Parking Garage Project is hereby amended as follows: E. Parking Garage Pr9ject. The Village and Developer agree that the Developer, through its agent, Nicholas & Associates, Inc., shall construct the Parking Garage Project. 1, Developer, through its agent, Nicholas & Associates, Inc., shall construct the Parking Garage Project in accordance with the plans, schedule and parameters set forth in a separate written agreement between the Village and Nicholas & Associates, Inc. for the construction of the Parking Garage Project. 2. The Funding Cap, as defined in Section VI.C.1. above, shall be increased by an additional not to exceed amount of Six million eight hundred seventy-nine thousand, five hundred sixty nine ($6,879,569.00) dollars to pay for the costs of the Parking Garage Project. 3. Developer's agent, Nicholas & Associates, Inc., shall be entitled to be reimbursed for its costs of construction of the Parking Garage Project from the Village in the not to exceed amount of Six million eight hundred seventy-nine thousand, five hundred sixty nine ($6,879,569.00) dollars (Garage Funding Cap), in accordance with the terms and conditions of the written agreement between the Village and Nicolas & Associates, Inc. 4. Developer's agent, Nicholas & Associates, Inc. shall be paid for its costs of the Parking garage for work completed and approved by the -Village, as defined and set forth in the separate written agreement referred to in Section VI.E.1. above. Further, Nicholas & Associates, Inc. shall be paid the costs of construction of the Parking Garage from funds available to the Village from any source, not limited to Incremental Property Taxes per the terms of the separate written agreement. 428452,,,.1 2. Those provisions of the Redevelopment Agreement not modified by this Amendment remain in full force and effect. VILLAGE OF MOUNT PROSPECT By: _FT'T-3 Village Manager Date: I JL-"�, 2019 428452.1 By:. NameA `K 9001��— Authorized Officer Date: -Z 0, 2019 Legal Description of the Village Property Lot A in Corporate Subdivision No. 10-A, being a resubdivision of both lot A in Boesche's Resub and lot A in Corporate Sub. No. 10 in the east half of the northwest'/4 of section 12, township 41 north, range 11 east of the third principal meridian, in Cook County, Illinois P. 1. N.: 08-12-122-034-0000; Common Address: 301 S. Maple Street, Mount Prospect, Illinois 60056. Legal Description of the Developer Property Lots 10 and 17 in J.A. Weber's addition to Mt. Prospect, a subdivision of the east'/ of the northwest % of Section 12, Township 41 north, Range 11 east of the Third Principal Meridian, in Cook County Illinois; and Lots 16 and 11 in J.A. Weber's addition to Mt. Prospect, a subdivision of part of the east of the northwest'/ of Section 12, Township 41 north, Range 11 east of the Third Principal Meridian, in Cook County Illinois. P. 1. N. s: 08-12-122-015-0000 08-12-122-016-0000 08-12-122-019-0000 08-12-122-036-1007 08-12-122-036-1008 08-12-122-036-1009 Common Addresses: 215 E. Prospect Ave., Mount Prospect, Illinois 60056, 225-235 E. Prospect Ave., Mount Prospect, Illinois 60056. 232-240 E. Lincoln Street, Mount Prospect, Illinois 60056. Legal Description of the Developer Conveyed Property THAT PART OF LOT 17 IN J.A. WEBER'S ADDITION TO MT, PROSPECT (RECORDED OCTOBER 15, 1954 AS DOCUMENT NO. 16044478), A SUBDIVISION OF THE EAST / OF THE NORTHWEST Y4 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EASTOF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT "A" IN CORPORATE SUBDIVISION NO. 10-A (RECORDED JANUARY 21, 1981 AS DOCUMENT NO. 25755385); THENCE SOUTH 00 DEGREES 42 MINUTES 22 SECONDS EAST ALONG THE WEST LINE OF SAID LOT "A", 321.14 FEET; THENCE NORTH 89 DEGREES 17 MINUTES 38 SECONDS EAST 124.68 FEET TO THE EAST LINE OF SAID LOT "A", BEING ALSO THE WEST LINE OF SAID LOT 17 AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 17 MINUTES 38 SECONDS EAST 129.66 FEET; THENCE SOUTH 00 DEGREES 42 MINUTES 22 SECONDS EAST 126.83 FEET; THENCE SOUTH 89 DEGREES 17 MINUTES 38 SECONDS WEST 129.61 FEET TO THE WEST LINE OF SAID LOT 17; THENCE NORTH 00 DEGREES 43 MINUTES 32 SECONDS WEST, ALONG SAID LOT 17 WEST LINE, 126.83 FEET THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. A portion of: P,I.N.: 08-12-122-015-0000 Common Address: 215 E. Prospect Ave., Mount Prospect, Illinois 60056. Exhibit 1 to Real Estate Sale Contract Legal Description of Property Lot A in Corporate Subdvision No. 10-A, part of the east half of the northwest Y4 of section 12, township 41 north, range 11 east of the third principal meridian, according to the plat thereof recorded January 21, 1981 as document number 25755385, except that part described as follows:commencing at the northwest corner of said lot; thence south 00 degrees 42 minutes 22 seconds east along the west line of said lot, 321.14 feet; thence north 89 degrees 17 minutes 38 seconds east 124.68 degrees 43 minutes 32 seconds east, along the east line of said lot, 126.83; thence south 89 degrees 17 minutes 38 seconds west 124.72 feet to the west line of said lot, 126.83 feet; thence north 89 degrees 17 minutes 38 seconds east 124.68 feet to the point of beginningin Cook County, Illinois A portion of: P.1.N.: 08-12-122-034-0000; Common Address: 301 S. Maple Street, Mount Prospect, Illinois 60056; N019 AIA Document 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 Walker Consultants 2895 Greenspoint Parkway, #600 Hoffman Estates, IL 60010 The Owner's Designated Representative: (Name, address and other information) Michael Cassady Village Manager Village of Mount Prospect 10 South Emerson Street Mount Prospect, IL. 60056 847 818-5300 The Construction Manager's Designated Representative: (Name, address and other information) Nick Papanicholas, Jr. Nicholas & Associates, Inc. 1001 Feehanville Drive AIA Document A1133T —2009 (formerly A1217mCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. 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. 1 This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) ADDITIONS AND DELETIONS: AGREEMENT made as of the 5th day of November in the year 2019 The author of this document has added information needed for its (In words, indicate day, month and year) completion. The author may also have revised the text of the original BETWEEN the Owner: AIA standard form. An Additions and (Name, legal status and address) Deletions Report that notes added information as well as revisions to the Village of Mount Prospect standard form text is available from 50 South Emerson Street the author and should be reviewed. A Mount Prospect, IL 60056 vertical line in the left margin of this document indicates where the author and the Construction Manager: has added necessary information (Name, legal status and address) and where the author has added to or deleted from the original AIA text. Nicholas & Associates, Inc. This document has important legal 1001 Feehanville Drive consequences. Consultation with an Mount Prospect, II., 60056 attorney is encouraged with respect to its completion or modification. for the following Project: (Name and address or location) AIA Document A201 Tm-2007, General Conditions of the Contract Village of Mount Prospect Maple Street Municipal Parking Deck for Construction, is adopted in this document by reference. Do not use with other general conditions unless The Architect: this document is modified. (Name, legal status and address) Walker Consultants 2895 Greenspoint Parkway, #600 Hoffman Estates, IL 60010 The Owner's Designated Representative: (Name, address and other information) Michael Cassady Village Manager Village of Mount Prospect 10 South Emerson Street Mount Prospect, IL. 60056 847 818-5300 The Construction Manager's Designated Representative: (Name, address and other information) Nick Papanicholas, Jr. Nicholas & Associates, Inc. 1001 Feehanville Drive AIA Document A1133T —2009 (formerly A1217mCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. 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. 1 This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) Mount Prospect, IL 60056 847 394-6200 The Architect's Designated Representative: (Name, address and other information) Thomas L. Hanula Walker Consultants 2895 Greenspoint Parkway, #600 Hoffman Estates, IL. 60010 847 697-2640 The Owner and Construction Manager agree as follows. Init AIA Document A'13310 200 (formerly A'121 '"M — 2003). Copyright 01 d181, 2003 and 20 by The An'edcan lnstiterte cal ArcNtects. All rights reserved. iEWARt INGh : This AWO a murllent Is protected by U.$. Copyright Law and International Treaties. Unauthorized reproduction or distribution of dais MAO 2 Dowunaent„ or any portion of it, may result Err severe civil and criminal penalties, and will be prosecuted to the maximurn extent possible under the Law.. t ltwis docurnent was proruced by AIA sottwiware at 1E3A9 2+9 CT on 1110712019 sander Order lwNo.7021810420 which expires can 10/28120201 and is net dor resate,. User litotes (11617327"7'11) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES COMPENSATION FOR CONSTRUCTION PHASE SERVICES COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, General Conditions of the Contract, Drawings, Specifications, Addenda issued prior to the 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. References to "General Conditions" or "General Conditions of the Contract" or "A201-2017" in this document such reference shall mean the AIA A201-2017 General Conditions of Contract for Construction as revised for this Project. 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 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. 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. §1.1.1 The Contract Documents shall not be construed to create a contractual relationship between the Owner and any subcontractor or any third party, or between any persons or entities other than the Owner and Construction Manager. The Owner shall, however, be considered an intended beneficiary of the performance of any contractor's, subcontractor's, consultant's or other third party hired by the Construction Manager for this Project. § 1.2 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. The Construction Manager shall perform its AIA Document A133T"" — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 3 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) services with the standard of care for Construction Managers at Risk experienced in the construction management of similar projects in size and scope. Construction Manager shall be responsible for services provided hereunder whether such services are provided directly by Construction Manager or by persons or entities hired by Construction Manager. The Construction Manager will perform duties and services and make decisions called for hereunder promptly and without unreasonable delay and will give the Project such priority as is necessary to cause the Construction Manager services hereunder to be properly performed in a timely manner and consistent with sound professional practices. The Construction Manager represents and warrants that its employees have the requisite skill and expertise to perform the services required by this Contract. § 1.3 General Conditions For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2017 for this Project, which document is incorporated herein by reference. The term "Contractor" as used in A201-2017 shall mean the Construction Manager. The term "Contract Sum" shall mean the agreed upon Guaranteed Maximum Price ("GMP"). ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. (Par•rrgr•alrhs deleted) § 2.1.3 When Project requirements in Section 3.1.1 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 could affect the Project's timely completion. The updated Project schedule shall include the following: the Guaranteed Maximum Price Amendment attached hereto; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. (Par•aA!rgphs deleted) § 2.1.7 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. § 2.1.8 Extent of Responsibility 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, unless the Construction Manager recognizes or (within construction industry standards) reasonably should have recognized any such variance. 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. § 2.1.9 Notices and 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 for inclusion in the Contract Documents. The Construction Manager shall cause this provision to be inserted into all subcontracts, so that such provision is binding upon every subcontractor. (Paswgr aphs deleted) § 2. 1.10 Taxes AIA Document All 33T" —2009 (formerly A121T"CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 4 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) Owner is a tax exempt entity under the laws of the State of Illinois. Owner shall, as part of its undertakings under this Agreement, provide to the Construction Manager all certificates of exemptions and tax exempt numbers needed to entitle Construction Manager to purchase materials and other items to be used on the work or incorporated into the work on a tax exempt basis, said exemption specifically to include but not to be limited to the "Illinois Retailer Occupation Tax" (Sales Tax). § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 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. Contract Time shall be measured from the date of commencement. § 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 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 by other appropriate agreements with the Construction Manager. This Contract shall be subject to the provisions of the Illinois Prevailing Wage Act, 820 ILCS 30/01 et seq. Contractor and all Subcontractor shall comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 30/01 et seq. (Padeleted) § 2.3.2.3 Su>cantratts or otheragreements shall conform to the applicableplicable payment paovlsnar s 1't11rs Agr shall not be awarded on the basis of' cost plus a fee without the prior consant of the Owner 1!",the, S.ubcontract is l awarded on a cost plus fee basis, 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 Section 6.11 below. § 2.3.2.41fthe Construction Manager recommends a specific bidder that may be considered a "related pairty" according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 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 to the Owner and Architect not later than one week after the meeting, for review and approval of the Owner and Architect. § 2.3.2.6 A construction schedule for the Work shall be provided with the Guaranteed Maximum Price Addendum. § 2.3.2.7 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. The Construction Manager shall also 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. § 2.3.2.8 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 2.3.2.7 above. (Paragraphs deleted) § 2,3.2.9 The Construction Manager shall provide administrative, management and related services as required to coordinate the Work of Subcontractors with each other and with the activities and responsibilities of Owner, Architect, and Consultants, where applicable, and to complete the Project in accordance with the Contract Documents. The Construction Manager shall supervise and coordinate with the Village all aspects of the Project with all authorities, governmental agencies and utility companies who may be involved in the Project. The AIA Document A1331— 2009 (formerly A121 TmCMC — 2003). Copyright @) 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 5 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. l This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No, 7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) Construction Manager shall provide sufficient organization, personnel and management to carry out the requirements of this Agreement. The Construction Manager shall take all reasonable steps necessary to enforce agreements with Subcontractors for the benefit of Owner. §2.3.2.10 Construction Manager shall maintain exclusively for the Project a competent full time staff at the Project Site to coordinate and direct the Work and the progress of all subcontractors. The Owner shall have the right to direct the Construction Manager to remove or replace any on-site personnel whose performance becomes unsatisfactory to the Owner. In such event, the Construction Manager shall promptly replace such personnel, without consideration of any additional compensation for the replacement. Construction Manager shall establish on-site organization and lines of authority in order to carry out the overall plans of constrUctiofu,' The Couistructiami F Manager shall identify an on-site member ` § 2.3.2.11 The Construction Manager shall prepare a construction staging plan setting forth construction scheduling, lay down areas and storage, trailer areas, trailer locations, priorities as to site use, ingress/egress and other similar site logistic matters for the Project. The Construction Manager shall consult with the Owner and Architect and provide assistance determining the cost effectiveness of staging construction in one or two stages, including cost estimates for construction in one or two stages. §2.3.2,12 Construction Manager shall be fully responsible for and shall obtain satisfactory performance from each of the Subcontractors against the Project schedule, and the each of its Subcontractor's timely performance and compliance with the Drawings and Specifications. Construction Manager shall consult with Owner regarding available courses of action when material requirements of a Subcontract are not being fulfilled and the nonperforming party will not take satisfactory corrective action that is satisfactory to the Construction Manager. § 2.3.2.13 Construction Manager shall submit to Owner a form of Anticipated Cost Report for use on the Project for Owner's review, comment and acceptance. Upon acceptance by Owner, the form of Cost vs. Budget Report shall establish the standard for detail required for the remainder of the Project. � 1 § 2.3.2.14 The Anticipated Cost Report will show actual costs for completed activities and estltnates, iom . iicicon pleied tasks and will identify variances between actual and budgeted or estimated costs. � ,onstruct on °'tanager shall advise Owner and Architect whenever projected costs exceed budgets or estimates and provide cost saving I ,,casures to negate budget deficits. § 2.3.2.15 Construction Manager shall be responsible for all construction operations perl':ornied b lis styli antrmicit>I s and those employed by subcontractors. Construction Manager shall supervise the Work of all subcontractors, [ providing instructions to each when its Work does not conform to the requirements of the plans grid spt ifications and d EE manage each subcontractor to ensure that corrections are made in a timely manner so as not to affect the progress of the Work. Construction Manager shall coordinate the safety programs for the Project. Exec t ws°'lo ima a"is, incti14)ds- and processes directed by the Owner, Construction Manager shall be solely responsible to Owner for the adequa4 of all construction means, methods, techniques and procedures employed by C' timiastructia'1n filar ager or its; Subcontractors in the performance of the Work, and for coordinating all portions of the W?rk to be performed. § 2.3.2.16 Construction Manager shall provide information so that the Owner may apply for and obtaim aill nccqssqry, and required building permits and special permits for permanent improvements, excluding permits required to be obtained directly by the various Subcontractors. Owner shall timely provide all record drawrings,, specifications and other information required to obtain such permits. With respect to permits that Subcontractors are required to obtain, Construction Manager shall require all such Subcontractors to obtain those permits before they commence their work. Construction Manager shall verify that applicable fees and assessments for all permits have been paid. Construction Manager shall obtain, with Owner's assistance, approval from authorities having jurisdiction over the Project, including but not limited to a Certificate of Occupancy after having achieved Substantial Completion. § 2.3.2.17 Construction Manager shall develop and establish, for Owner's benefit, a quality assurance control system in order that the standards of construction called for, specified, or drawn are met. Construction Manager shall confirm that mechanical, electrical, plumbing and fire protection systems are adequately tested and balanced prior to their acceptance. Construction Manager shall coordinate all testing provided by others as required by the technical sections of the Specifications and/or required by governing bodies charged with inspecting the Work for compliance with applicable building codes, and/or as required by applicable building codes and shall warrant that all such Work ........... AIA Document A133T — 2009 (formerly A121 TM=c —2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm 6 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) shall comply with the Drawings and Specifications for the Project. Construction Manager shall keep an accurate record of all tests, inspections conducted, findings, and test reports, and shall make them available to the Owner and Architect for review and copying. §2.3.2.19 Construction Manager shall perform the Work in accordance with the requirements of the Contract Documents and shall assure that the Work of each Subcontractor is being performed in accordance with the requirements of the Contract Documents . Construction Manager shall endeavor to protect Owner against defects and deficiencies in the Work, shall warrant the Work is fi•ee from all defects and deficiencies and shall correct at its expense all defects and deficiencies. As appropriate, Construction Manager shall require special inspection or testing, and make recommendations to Architect regarding special inspection or testing of Work. § 2.3.2.20 Construction Manager shall receive from each Subcontractor, review for conformance with the Contract Documents, approve or reject for re -review and submit to Architect all Shop Drawings, Product Data, Samples, As -Built Drawings and other submittals. Without assuming any of Architect's responsibility for Shop Drawing review, Construction Manager shall stamp all Shop Drawings, Product Data, Samples, As -Built Drawings and other submittals, in order to verify Construction Manager's review thereof, which stamp shall constitute a representation by Construction Manager to Owner that the submitted item conforms with the Contract Documents and is coordinated with other shop drawings. Construction Manager shall transmit all submittals to Architect for Architect's approval, and where applicable to Consultants for their approval. In collaboration with Architect, and where applicable with Consultants, Construction Manager shall establish and implement procedures for expediting the processing of Shop Drawings, Product Data, Samples, As -Built Drawings and other submittals, and shall assure that the approved Project Construction Schedule shall include acceptable dates for the preparation, submission, processing and review of Shop Drawings and other required submittals. Architect's review of submittals, or where applicable review by Consultants, by Construction Manager or by any Subcontractor shall be limited to review of an initial submittal and two (2) re -submittals for conformance with the design concepts expressed in the Contract Documents. Construction Manager shall pay (without reimbursement from Owner) for any costs and expenses incurred in connection with additional re -submittals, including, without limitation, compensating Architect and where applicable Consultants for additional services rendered in connection with reviewing such "extra" re -submittals, and agrees Owner may deduct such payment from the next monthly payment(s), when the re -submittals in excess of the allotted two reviews is caused by the Construction Manager, Subcontractor, and/or Sub -Subcontractor's error. § 2.3.2.21 Construction Manager shall maintain at the Project Site, on a current basis: A record copy of all Drawings, Specifications and Addenda in good order and marked to record all changes made during construction; Change Order Logs and other Modifications; Shop Drawing Logs; Shop Drawings; Product Data; Samples; As -Built Drawings; submittals; applicable handbooks; maintenance and operating manuals and instructions; and other related documents and revisions which arise out of the Work. Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. In coordination with the Architect, the Construction manager shall establish and implement procedures for the tracking and expediting the processing of shop drawings and samples, as required by the Modified General Conditions of the Contract. The As -Built Drawings shall be prepared by using electronic documentation as agreed to by Owner, Architect and Construction Manager. § 2.3.2.22 Construction Manager shall arrange for delivery and storage, protection and security for Subcontractor furnished/installed and Owner-fumished/contractor-installed materials, systems and equipment which are a part of the Project until such items are satisfactorily incorporated into the Project. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner (Paragraphs deleted) § 3.1.4.4 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. Init.AIA Document A733TM —2009 (formerly A121TA°CMc — 2003). Copyright© 1991, 2003 and 2009 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° 7 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale, User Notes: (1164732771) § 3.2 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. § 3.2.1 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. § 3.3 Architect The Owner has retained an Architect to provide such services, duties and responsibilities as are necessary for the Project. Upon request, the Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. (Paragraphs deleted) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's Fee. § 5.1.1 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) 2.85% of the Total Construction Costs, which fee shall be included within the Guaranteed Maximum Price. § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: No Chagee in CM Fee for Changes in Work § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: CM O&P = 0%; Subcontractor OH&P = 10% § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed Zero percent ( 0 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Idents and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable) Item Not Applicable Units and Limitations Price per Unit ($0.00) Not Applicable Not Applicable § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert speck provisions if the Construction Manager is to participate in any savings) No shared savings has been identified for this Project § 5.2.2 The Guaranteed Maximum Price shall not be subject to additions and deductions by Change Order. The Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. AIA Document A133TM —2009 (formerly A121—CIVIC-2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 8 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. t This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) § 5.3 Changes in the Work § 5.3.1 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 Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201-2017, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 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 Section 7.3.3 of AIA Document A201-2017, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-2017 and the term "costs" as used in Section 7.3.7 of AIA Document A201-2017 shall have the meanings assigned to them in AIA Document A201-2017 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document A201-2017 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. (Paiwgraph deleted) ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. (Paragiwph deleted) § 6.2 Labor Costs § 6.2.1 Wages 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. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other offices shall be included in the Cost of the Work, identify in Section 11.5, the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, 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. § 6.2.4 Costs paid or incurred by the Construction Manager for insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such 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 6.2.1 through 6.2.3. § 6.2.5 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, with the Owner's prior approval. AIA Document A133 TM —2009 (formerly A121 i°'CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 9 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. t This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No,7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 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. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling 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. § 6.5.2 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 costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. (ParagtalAs deleted) § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. (Par°agrglrh deleted) § 6.6.3 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. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents.; (Paragt-xlrh deleted) § 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. (Patwgral)hs deleted) AIA Document A133TM — 2009 (formerly A121 TM CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® 10 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. t This document was produced by AIA software at 16:4929 ET on 11/07/2019 under Order No.7021510420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 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 Section 10.4 of AIA Document A201-2017. § 6.7.3 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 negligence or failure to fulfill a specific responsibility of 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. § 6.7.4 The costs described in Sections 6.1 through 6.7 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 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 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 6.2; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of 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 to fulfill a specific responsibility of the Contract, including, but not limited to defective or nonconforming work, disposal of materials and equipment wrongfully supplied, or making good on any damaged product; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Legal costs, mediation costs, or costs associated with FOIA request compliance however incurred. .90 Amounts the Contract Documents specifically require the Construction Manager to pay, include deductible amounts payable by the Construction Manager under any policy of insurance. 10. Costs resulting from theft or vandalism of items that are not part of the Work. 11. Drug testing for employees, incentive or bonus programs (including safety) accounting and EEO and targeted business compliance staff, safety training or seminars. 12. Equipment repair, maintenance or re -calibration costs. 13. Off site file storage. 14. Management of warranty work. 16. Except as provided in Section 6.1.1, any cost not specifically and expressly described in Section 6.1. 17. Costs which this Agreement provides that the Construction Manager shall pay or incur or for which this Agreement expressly provides the Construction Manager shall be responsible. § 6.9 Discounts, Rebates and Refunds § 6.9.1 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 them 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. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. AIA tlocurrrernt A133'm —20:09 (formerly Al 1 T C?Vlc — 2003). Copyright 0 1991, 2003 and 2009 by The Arne6can Institute of ArohiW.ts. All rights reserved.. Init WARNING: Thos AIAO Document is protected by UZ, Copyright Lair aurid International Treaties. unauthorized reproduction or distribution of this AIA'v 11 Document, or akly portion of it.,may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lava. This docurnent was produced by AIA software at 16:49:29 ET oil, 11f0712019 Gunder Order No.70211410420 which expires on 1008f''2020, and us not for ressle. User Motes: (1164732771:) § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 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, 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 Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 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. Such records shall be kept on the basis of generally accepted accounting principles and in accordance with the Contract Documents. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect and reviewed and approved by the Owner„ 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. The Construction Manager, in cooperation with the Architect, shall provide with each Application for Payment, a properly completed Affidavit setting forth, under oath, the name and address and amount due to each subcontractor, materialman, or other appropriate party included in that payment. For every party listed to be paid, the Construction Manager shall provide a full or partial waiver of lien, as appropriate. The Construction Manager shall also provide a partial or full waiver of lien for his services. Payment Certificates will be issued in accordance with Section 9.4.3 of AIA Document A201-2017, General Conditions of the Contract. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the (Parux p phs deleted) month. § 7.1.3 Payments shall be made pursuant to the Illinois Local Government Prompt Payment Act after receipt by the Owner of the Construction Manager's invoice for the construction draw based upon the percentage of completion applied against the Construction Price, properly prepared and approved by the Architect and Owner. The Owner shall pay to the Construction Manager the amount approved, less retainage when applicable, unless there is a dispute about the amount of the compensation due the Construction Manager, in which case the Owner shall pay the undisputed amount. The date on which payment is made shall be known as the "Payment Date". (Federal, state or local laws may require payment within a certain period of time) § 7.1.4 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 cash disbursements 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, less that portion of those AIA Document A133' —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 12 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxinium extent possible under the law. l This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10128/2020, and is not for resale. User Notes: (1164732771) payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 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 and shall be in a format approved by the Owner, Architect and Construction Manager. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect or Owner, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 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 for which the Construction Manager has made or intends to make actual 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. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take 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 schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2017; .2 Add 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 Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of Zero percent ( 0 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of Zero percent ( 0 %) from that portion of the Work that the Construction Manager self -performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2017. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.8.1 Notwithstanding anything contained within the Contract Documents to the contrary, the Construction Manager shall not be entitled to any progress payment for any Work performed unless the Owner shall have received, and approved the following (i) insurance certificates: (ii) Payment and Performance Bonds for the Work to be performed; and (iii) appropriate affidavits and lien waivers from the Construction Manager, subcontractors and suppliers. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA Document A133T —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 13 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) § 7.1.10 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 shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections; or 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. §7.1.12 Construction Manager's Application for Payment shall be submitted in the form of AIA Documents G702 and G703 or such other form as the Architect and Owner jointly approve. §7.1.13 The signature of the Construction Manager on any Application for Payment constitutes the Construction Manager's certification to the Owner that (i) the Construction Manager's services listed in the Application for Payment have progressed to the level indicated and have been performed as required by this Agreement and the Contract Documents; (ii) the Construction Manager has paid its subcontractors, subconsultants and suppliers their proportional share of all previous payments received from the Owner and (iii) the amount requested is currently and properly due and owing. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager, in accordance with the Illinois Local Government Prompt Payment Act, when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect and approved by the Owner; and (Pararalih deleted) .4 the Construction Manager has satisfied all of the conditions of final payment, including without limitation, fulfillment of all requirements of Section 9.10 of A201-2017 § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, 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 Section 9.5.1 of the AIA Document A201-2017. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2017. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be 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 Section 15.2 of 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. § 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Section 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager 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 the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be AIA Document A133TM —2009 (formerly A121! ° CI1Ac — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 14 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. P This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. §7.3 OWNERS RIGHT OF NON-PAYMENT §7.3.1 Any provision hereof to the contrary notwithstanding, Owner shall not be obligated to make any full payment to Construction Manager if any one or more of the following conditions exists: .1 Construction :Manager or subcontractors isdare in default of any ol''its/their obligations under this Agreement or otherwise is. /are in tdel'ault under tiny of The Contract 1,)OCUITte111''s. .2 Any part of such payment: is attributable to services or Work that is defective or is not performed in accordance with the Contract Documents; provided, however, such payment shall be made as to the part thereof attributable to services or Work that is rendered or performed in accordance with the Contract Documents and is not defective. .3 Construction Manager has failed to make timely payments due and owing to subcontractors or for material or labor used in the rendering of services or performance of Work for which Owner has made payment to Construction Manager. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201-2017. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2017.) The Construction Manager shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements set forth herein and in Article 11 of AIA Document A201-2017. Limits of such insurance shall be as follows. §8.1 COMMERCIAL GENERAL LIABILITY Commercial General Liability Insurance or equivalent with limits of not less than $2,000,0000 per occurrence for bodily injury, personal injury and property damage liability and a minimum general aggregate of $2,000,000/. Coverages must include the following: All premises and operations, products/completed operations separation of insured, defense, and contractual liability (with .no limitation endorsement.) The Owner and the Architect, and their respective officers, agents, consultants and employees shall be named as additional insureds on a primary, non-contributory basis for any liability arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or injury to or destruction of tangible property, other than the Project itself. §8.2 AUTOMOBILE LIABILITY When any motor vehicles (owned, non-owned and hired) are used in connection with Work to be performed, the Construction Manager must provide Automobile Liability Insurance with limits of not less than $1,000,000.00 combined single limit and aggregate for bodily injury and property damage. The Owner shall be named as an additional insured on a primary, non-contributory basis. §8.3 WORKERS COMPENSATION Workers Compensation at statutory limits and Employers Liability with a policy limit of not less than five hundred thousand ($500,000) per accident. §8.4 PROFESSIONAL LIABIITY When any architects, engineers, or other professional consultants perform work in connection with the Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $2,000,000. Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or proceed, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. §8.5 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY An Owner's and Contractor's Protective Liability policy designating the Owner must be provided with limits not less than $1 million combined single limit per occurrence, for losses arising out of bodily injuries to or death of all persons . and for damage to or destruction of property. Init. WARNING: This AIA® Document is protected b U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution All rights reserved. AIA Document A133" — 2009 former) A121 TM CMc — 2003. Co ri ht © 1991, 2003 and 2009 b The American Institute of Architects. p yp distribution of this AIA° 15 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) §8.6 PROPERTY INSURANCE Property Insurance written on a builder's risk "all risk" policy shall be purchased and maintained as provided by the Construction Manager as part of the Reimbursable General Conditions. . §8.7 EVIDENCE OF INSURANCE §8.7.1 The Construction Manager must furnish the Owner with original Certificates of Insurance to be in force before work begins, the Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. The Construction Manager must submit evidence of insurance to the Owner before work begins. The receipt of any certificate does not constitute agreement by the Owner that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of the Owner to obtain certificates or other insurance evidence from Construction Manager is not a waiver by the Owner of any requirements for the Construction Manager to obtain and maintain the specified coverages. The Construction Manager must advise all insurers of the Agreement provisions regarding insurance. Non -conforming insurance does not relieve Construction Manager of the obligation to provide insurance as specified herein. Non -fulfillment of the insurance conditions may constitute a violation of the Agreement, and the Owner retains the right to stop work until proper evidence of insurance is provided, or the Agreement may be terminated. §8.7.2 Certificates of Insurance will show the Owner and Architect, and their respective, officers, agents, employees and consultants as additional insureds on the Comprehensive Liability Policy §8.7.3 Property and Owners Liability Insurance shall be obtained by the Owner after Owner's occupancy of the garage commences. ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2017. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, 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) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction Other: (Specify) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 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.) None ARTICLE 10 TERMINATION OR SUSPENSION (Paragraphs deleted) AIA Document A733T —2009 (formerly A721 TM CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 16 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. t This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price The Contract may be terminated as provided in Article 14 of AIA Document A201-2017. (Pai.rr'/-gphs deleted) § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2017, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201-2017. § 11.2 Ownership and Use of Documents Section 1.5 of A201-2017 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2017 shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided 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 such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Compliance with laws Construction Manager shall comply with all applicable federal, state, county and local laws and regulations including, but not limited to, such laws and regulations relating to minimum wages to be paid to employees, limitations upon the employment of minors, minimum fair wage standards for minors, payment of wages due employees, and health and safety of employees. Both parties agree to comply, and assist one another in complying with all applicable Federal, State and local laws and regulations in carrying out their respective obligations under this Agreement. §11.6 Government Certifications. The Construction Manager agrees, represents and certifies: a. Is not barred from contracting with any unit of state or local government as a result of violating Section 33E-3 or 33E-4 of the Illinois Criminal Code (720 ILCS 5/33E-3 and 33E-4). b. Shall comply with the Illinois Drug Free Work Place Act (30 ILCS 580/1 et seq.). C. Shall comply with the Equal Opportunity Clause of the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) and the Rules and Regulations of the Illinois Department of Human Rights. d. Shall comply with the Americans with Disabilities Act and Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101 et seq.). e. Has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). f. Is not delinquent in the payment of any tax administered by the Illinois Department of Revenue nor is delinquent in the payment of any money owed to the Village. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 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. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133-2009, 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 —_ _.......... .-.. _._.- ....... AIA Document A133TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 17 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 docurnent was produced by AIA software at 16:49-29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1184732771) .2 Guaranteed Maximum Price Addendum and schedule for Work. 3 AIA Document A201-2017, General Conditions of the Contract for Construction as modified for this Project .4 AIA Document E20 T"--2007, Digital Data Protocol Exhibit, if completed, or the following: None .5 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: None .6 Other documents: (List other documents, if any, forming part of the Agreement.) None This Agreement is entered into as of the day and year first writ ( __ f ... �......� ... C1M'Ulllvl l f �rt�7iu ti 14,age ai��oul�t Pros ec � Village Manager (Printed name and title)m m m m ... -- W As .sociates, Inc. President Nicholas & .._ (Printed name and title) AIA Document A133TM —2009 (formerly A121 n CIYIc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 18 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. t This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) Additions and Deletions Report for AIA® Document A 133"" — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:49:29 ET on 11/07/2019. PAGE 1 AGREEMENT made as of the 5thday oflcavembe_r in the year 2019 Villa K!.) "lv1[auaat C~aa1 la emt, 50 South Emerson Street Mount Pros ect, It., 60056 Nicholas & Ass( ac iateti hige 10_01 Feehanville Drive Mount l'a'rosllegt 11 d",15�a x_ __. all a t1 mi lratatat, l',rt„a L1 t Irl,Gtgr(e„�q t tllaicelrttl Parking Walker Consultants 2895 (ireLLcatsCat�ita[ Parkway, 0600 11off narl E, t es IL 600.10 Michael Cassail "4�mall<aae "dtaal�ale,Nw Villa tt l loaarat,_l'losll et 10 South Emerson Street N4ount, l�teaSFu t. I .. 6005, 847 818-5300 Nicholas &;mr' s. c i ales Inc., 1001 Feeh_anville Drive Moalalt 1"rKtS am t ........600„5.x, 847 394-6200 PAGE 2 Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMc -2003. Copyright ©1991, 2003 and 2009 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) Thomas L. Hanula Walker,,, Consultants ')RQ,; r, AP. , .;. r per, ->r.. — tt�nn Hollrnao, l states, 11— 60010 847697-264 " 0 AGE 3 The Contract Documents consist of this Agreement General Conditions of the Contract t C:�eftetaN, vrrrpplentcitrtary rtftrl otla Cnd+trr1Drawings, Specifications, Addenda issued prior to the 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. References to " ondi.�� ° "General _ ....t - ns of the ... tract" or "A201-2017" in this docunne nt such reference shall General Conditions" or Cacilc tai Conditions of the Con,__ mean the AI 01-2017 Cleneral Conditions ontract for Construction n as revised liar this '�'nrra_Lqc"t:,.,.,.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 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. 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. 1-,1 W1...1 1 he -ogtr at,t DOfCUITients shall not be construed to create a c orrtn�al tual relationship between the: Owner arldIT;LL1 subccontrryotaxr tar rely tlI rd Ixply�, arw he;twgerr�. nrny ISrsons or entities other thantheOwner and Construction Marirvager, 'rile, CDawltr r sll+ll 8lriwwevc.r, „_lreR r,carlsrticnteN,dlii irtcnciccl lrsITlrc ticrar..of`thrc.rfcrrrru<rrra,c c�C nny_tcarrt,r;rolt2a_IT , rtlacor7tr r tray_ consultant's ormcndlfcx klr.!,rdwprtaty Drrlp4m y chow o nsiniction Manager for this PL9jggL 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. The t onstryetis ll Ma"a er sit I pvrf orm its, ervices_w with the standard of care for C",rrnsmtru,a 9letr� M�rn;n c r� iat_k�isk exlt,�p at ric�el un the ccinstirrplirrii rrn,<nmrmrrt Ae anent cal" si,rinNNa Jett, in sir a se(A)aq.. Construction Mcr.hal 4 lye_rwes risible 1`cnz..si.a"vic s)rovid_e h�Ipur„!�� het her such services are,llrovicled c3ni�rrriyµlnv C cnlr�traia.ticin 949411 qgc"r ,tar l7y.pgisons car°.entities hiredj? strnrc;i;ion l i itnwtrrcr 1"hcC:':`oat trtrc ttctit Mutta'iitcr Wii� p,crrlortil duties and services and make „µdecisions called for hereunder pr,trr1 it�yN w�rnnll itlttrral lnditmt crsrrrlrtlata r1r Nrt �r1ri%NB gimetgae l rtric t atfrlt,s.__ .as Is in fc ss<rr ., to etirsc the 'rlorn lt Construction Mangier serw�'ices hereunder to be go icily performed in it taflit.l rblg finer and consistent with sound proCr sst tatl�practices, The Construction istrtrctrttil, lalatr ge roprc t its arrcl,lvalrtlits that mits mcrai i ce , ltavr the rerlursiteski,l.p;, arr l_r l,ertisc tsa,grc r Ponnrmtmmthe services rue aired by. tlds Contract_ PAGE 4 For the l'�trttitructrort lt'lirise A1A lyorritteiit A2tilflEln; (wetterrtl Cxrtclatrciit ca! the tarttaok lit-Can,tttrcMtictri slimt#1 ltia� tat�l s It c�i°fa ally provrdext in this Agreenient. For—the. Construction Phase, the general conditions of the contract shall be as set forth in A,201 20)7-, A2C�11 n01 F rrr tlrts kw.ncycvt:d.whi_ch document is incorporated herein by reference. The tern "Contractor" as used in A2012#1017 ; atll rtatrrr� t8tr C; on tr�rctittn Mrtrraf r rl�2i�1 m20,17 sliglI mcarn. t to f tantitrrrGttcagn•1�1,1nsrg r' the Carni, "C.:�,nrntwac.t Tait" shall mcall,,,,the agreed uliwrrl_(rrr ot�trtlepd.l?/lalilirlum Price "GMP" The Construction Manager's Pri corastrarctttarr lnitras r .spctrisiltilltiesarm s« t lttrtla ift Sections -Irl and -1 -2—,T -he Construction Ma�nrtger s 0,*ristruati n -Phase responsibilities are set forth in Section 2 3 I`he•Owner airsf-tr' istrue lon fvlTtrrttger_rartty agr�er� tr1 crtrrsrtltat•Nctft µtilt-tlrt""-Arcllritc*�tm,t�-clic 4�°<tstrrrciiora-l�l�.tsar.tra�ttraafiiertwtr ttr�icrr ter c+rrrttgrlctir�n��#. Additions and Deletions Report for AIA Document A133- — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 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 anv portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale, User Notes: (1164732771) tl l t��t� a�a icaf� l it : att�wltieh crrs beth pllas will prt,,)ee 1 e(,,me ri ently, The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. §44- reGoRslrurAion.,Pb se §,�A�-1�ta�-�rtttstt�t�;ttin�tt--Matrttgr sl�tt�ll-pr�trvi¢1¢+�t-1�ru�lhttinett°y-� r�tlatati¢nt-cel" tltt�-�l�vtt¢tt"'ti�.l�a¢�ga�ttrt scl��,¢l'ttlo-tttt¢l ¢�ara;stt"tretitan-4aerelgot. r¢(ttirt�t¢�rtts„ a¢:��_it¢-t�rins a�f•tlte•¢'rtlatn^., §-24:2-tartnsull ation = la + r trstrr�ctic n l4lan g r sl tll S'ohedul+ and -O tnduia illeetings-wtth the ..Architect anti 4)wvttef-toaltstrt*�ti�lauh n�attt�rti ns-pi•o odur+ w-„ wn r and (lieaAm ttt of Oil pt'trpw�� t1 Sito er o�trrtl ilt�pr¢�vottrertts tolo�tit�u twl=natrtortal ..¢rnd l�tril¢li�tg ystorns tatt¢l tltriprtyott,t: fro C+ rrstr-trt;titin Manager, wlra11-also pr<)V kJo-recornn vei,,i afion -Li-mss-a0ttt-wlt11 tlr¢r 1'-r¢�j t rucltriranrtt¢*rt t¢r tlto�+tor arae4-A��hitotx�t�tatt otrlt;;ta�ttc�t�tlr:lity �rw�athtl:ralaty.ttl°�tta�rt¢�rlttl��rarcl•l�tl�or„iutt�+ot7oir„ornomrt� ftrt pr•¢:,ttz�o.�rror�t-in�ttrl�ltttiosr e¢tt¢l t trsttttt�ta¢rnA and-tih rs-feWed to trrt�tt°atetaou trs(m,itr ltlding„ lrttt, ut t ltttritotl tt .ot stw tlC=a ter�ttartiw ¢lasigtattt r rrrartoaials, prolurtittaly latttlg It,44;•%-eyele-dalaj..and-possible-o;st..redt.totioris § 2.1.3 When Project requirements in Section 3. 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 could affect the Project's timely completion. The updated Project schedule shall include the following: .,,ubr ssion-*f'the Guaranteed Maximum Price pro,1x."al;-Amcndnicnt attached hei trl components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. §;4��.rnlir�arrar��ast-Iw-dlrttst�s 2 rrt Eh pr ltnailtttr ¢lo tgn and otlrerr design or -iter -4 prepared lry the r laitoct, tla ao-rsst aotiort Mafttager-shall-pteparo-prolinainwrt'y o�:start�t¢*r� ert.t,lter.o�,t:, aalTtlie��4'cult-trl'..tlao�.-¢Tait:yt'_prograet�-re¢lttzrontc�rrt;;-¢rsiragW.arorr„ ve hrru¢ rr rrrril¢rr cernoepttrttl ostirnatiug te�laielttr s -fear iow�trrel��wrrorr s tt�spr°aawrrrl if rho �r�hiti�tt or GOHNIf00tioR-N14mat"er"-Sug%t1stls ltert¢ativ rrrtwten-als--tnrd--systorats„ the .C¢rtastr°ercttt+rail¢rrnagOr�lrtrll-l�rcaa�rclo+erst erraluatkc ftswofllhoso m :syste~rars 4.44,2- r .tiro t ltito tmmpr¢rgrotse -W44-the-pt, trutie n rrl tl3c 're iat�auatae: l)osigtr; l�sigra l ¢ verloprttotrt..ttntl € orr tt°rrw ttarti-Doe utrtent tit 11 propam„-and-updateTMn-tr ftprop4ate-inter+rva4 i -afire ed-4o.by.thet tw�ter� C"ottstrewtTorr-Matn�rg”ttael-Ar�hiiede;'t„�e«%�,tirraittos..oftlie�t�ttst tat=tlto-¢ar4i-cif-tne<�rt�asitrg-dutrri4-artel-rohrtornont ttrnel;elle�wita��-tl�arrt4ae�r volcaputont-eti" tlto�rlutrtgtt,..urattl "itra:�irmtrrrto-its-tlrt� �wvaaer rrtad-t�otastrrtiotr-Mrmreget�rgr¢ etrrt4rarrretrtt¢aud lwlatrirrrutt 4 -'r=icer f¢ar t1re W¢trle:Su¢,lr etirrtrtalt�tl44 prervieloe4 liar -rho Arltie it tion f tvarr ttptpr a =rrl-l4tc �wirttc•tion Managewr shallmmit"t•fcom 11w, C:';4wwuot-imJ rchkw4-whern.erstimale s orf i4r¢� f rant er#" the Worle^ortewe¢l-4laer-latetsppr�¢�v�¢1-Proju¢:t batdge�t...isnel utta4¢o�rewe=,erttrnrontltrtiou� titr°-ctrt'octia-act4¢¢�,n §-2�•4•��rrl�i�r�+�k�wfs-�rtd-�ttfrpliors �k=9reanstr�totietttrttaage+-alae'll-e9eavlerta..lstdelors.• irttot"e�wt trr tlttt,.-l�rrea�erttt.: § 2.1.7 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. if the Owne ng-rurttt�areaotttrtny-items-pr'ia>r�-•tea�tlac-otMtablisltruout�rf�tl�tt��t<itaateroe-1�'lirriirrtwtrrr 1='t=ic�„�tltc�-�avnot-hull-proatrr l4ro 4�nas�tttt-tearrarr4-ctrnditie-ans-tte;,ew=optirltl�r tlat�•t~."trtttrt,t�t;orients-Marta�tge~t.•...t�ltattri-tort: �ili�lttnt-¢tf-t4aeeraruttte¢4 .1�+'lttxirrrut�a-1'-ric:-t4ao�=ww�rterr-irll-rastai��ta-arl@ t�¢xatraotr� fear..tlac�t�ite�nas�~urtlau.�;¢;tn»at�tteatreraa-Matraarg+�r-art¢t-i4t¢:-f�afastt�tte�tierrt l'trratrgt�-shal4-tlaerrttterr-taetvpt-ro�aaan�;ilat�ltty for„-thitrta•: Additions and Deletions Report for AIA Document A133TM —2009 (formerly A721 T CMc — 2003). Copyright ©1991, 2003 and 2009 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11 /07/2019 under Order No 7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) The Construction Managerlaall osrewa wse weasorlaalalca cawmc awl law°eMpaaraaaf, sclaclatlea rand castirrwswtw l ltt�wt twalctaatt Manwagcr has tai r, rlaww wrawt +a�aw raft taz gaw w pare t u a� tlwa wt4r, tantl su%1c�dwtl s rweatl t Kw� wwta y lre www &wsc wl ass lawtrta d tote �xz°Si"mv ..t gra . »-.=�.'t�,a+,..( „�y,srow.wss.nsw4ie.r.ry_. w.xnxaa,�,.a r-c»r...ie nn4 r irarl 4n rcrPa in 4wvat trl,n flra"�in n� on ri Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but-tfae kinicss the f It tion Maatggt zw?recognizes or ( dtllireg wart traactlwwwt ilucltf*t standards rw t 'lw w; tlltilc$ t�wve r"ti a cl z u n mich yariance., 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. 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 for inclusion in the Contract Documents. The Construction Mauagcr shall cause this proy'sion tolie inscrted iiito all subcontracty rt, ,i iawt ,aaa lr prc7va+imr rl,r l n liaa pri c l° subcontractor. 1,2 uatanteoa-Max+rt-tPrice-P po al arA Contract -Time i t t twta o t+ l c ttttt twwally-aga°u�l trttcwtt-by..tlt C. vwter w armla la rt tttacta wtt..Mi'maag,cs anc1 irw eonsuktratiotl-with-tl e Arehiteet tlae•+�xaanstratctiaaat�Manawgersltaal�_prpaawrc+•.aa-;��ar��atec*�1'-Matrciraaawtat•p-r�ictwtopual...lcrr-t9ae'-t:���rtur'�...rav�ia�awn�l aeax:pt�rro+��,-1=lee-t:-iaaut-afnte�cl Mataaiwr�aaraw 1'raot�-iaa-Eklac�latawpcasawl-sha49..lau s.kte-saataa ot'tb+a t: ��ta:ats�we�•ioaa.,.Mawfaaaa�tita�taako aat�the�l=�tlwa�-�w"cit•1�;�ina�lwtcliragrt:tifagena~Faa-�de;�+�ra-erk trawStiawt-�l„ and...thc� Coats.►a��t�i�t►ra-M•ataaaa:,z"s--lee; .��. 1°ta tlw xEepwt that tla l f' tag aniT ifiCat4o14N-'awati4iaailwatexk.-trw rasc(�eir fs+r+l�as •tlevolaalwfata rt gay tkao Aaehitoa3t„ tlae-f�ta�taeti�afa-MaaraAwgesr•�ltwrak-let°<za+i+tl'a� tr1 tltti..��att�rarateal�Mataaitratnal &�rlabc�-bar-;auela-liat�tkaa��t�-<levelaaptant erwnswstant watla tlaa WC >aataac,t-Docataa �nt� tttaai raaasmmatbly+wadaw°atl k tlaorsalrtaw�aa la lasrklae Teva larlanauawt koa .-newt iaaol�:auela tlaaaags-gra olaanga� iwa,.aa. awlru„ �y�taus; kasaalta otacl alu�alwt orf-waaaataww talar,�diraa;alae�a�.ea�ata{lfrtcalat;-satk-tal"�whielt;�i-6' ra cltairiad slaali 1 lneoa} aarata tl l yt laaatageOrder, ,2,13-fhe-4 *nstrtaMaa irriura ,lr.rica }arolaa al a writ aaa #attoarlr tat...a t. its-lata�iaa; wlaaasla�ltall�aaaslttcla�tlwkallowiti �'f ••---1t-aal�tlaa ldfaawirag;;-,areal•Spec;aiiauawttoaas,�wwa�laadiatg �al1-��lamlaaardaw tlaorcto; eased-tlao�'."zaaaclat-%a�aw"w:aaaf:tlao C�� saw , --. X ist-OPI laraf, tlarrwsaaad sauraal tl<ala ..taa�ackc lay tlau(.x rstw,truutluat Maawaager rtw tlau larelatrataoat+ 1;'tltc t�ararrawaatae�d-Mwralfarrraaa•laeicaalat=olaosal; ttac+&'udrstgaassaltawlatiawrws�aaalrler�"�ectiora•i�..; t�wsupl�laHo��rt-tNac frit' rwraaaation prcavlded l>y-alae Owner-afKt-contaiiied...iwr tlau &)a a iry rtract, la ,a c tia.atrs '—.lretca,..+taclra<liaa aartatettaeawt of the estir;aaartecl t pot of=-alae-Wr!wrta-organi txl4*y...4aatake aa4*goria ear yateaats; allowances,„ ccarrtira aacy arlcl the wwawtwra titan l l e-atatie+platoa a afta eai" ,ul at»seatlak. ,°para letiiwra-u(aarta wvla el tlto t o°oposeal 'raaaa;aa tc-ed M;rrtiotaatra lrriC_e ls-wlaaaLL 'aaaf„�,rwaaal a_..w�,�-�awtea�ynavlrra"�lwtkwa~�vrrertuaast..aaccelat-tlae-�awarlwratcaalmmMar-sarsaaar+rt-k�-ria�k: r l In pr paar+n tlae oaa�ttatatiaarw lvtarnagaRr as iwtarartataa',d Ma iaawarurlrricu prcalrosaal„ tl<aat�ofa Erraatton Manager r shall irrelrwrlo w#s treat gefat t fdr tllu f tart wfa ttutaaaat Maaraatgor's c a ia+sive awe taw -cover those eost a -a onsi dered raairrwlwfwrsta•lalo as tlae- .a t oaf tlac-Weak taut -net -included in a ;hatnge f relor. -�d�:h=l"lae f aawatwtaAr.acltiawa�-M rra�allur°..s;Pa,+#�k-nac�ft-with..tlaaa•l+wartr .rfrrl-,�wr�,lritcrw°t. tar•-roiasv� alta{.sra.wr�arwtc�+�-l+�t�ariraaawrraf°ie. prollsrsak-.- n4he vent that -the )wtaer Israel e rehita ct �oovea aafry iaaa wtasi a3eaac,re rwa uaaaeea;rra�acies iaa ilaa� iwaffwtaraartiotr tarWtatetfi„.tkaaya&aallprarrralatlynotify the uttuctiowatlaraaagor lxaslmalltataaaywpraalwriaateacpaartwta*tatateata+a ��wuarara�ed-l�l�i'raaurar-l�a-icsot�aaaposaal; its-lxs�rta;�aaw--lnatlr.� �4z'6TrAae'Dwsa+ew° not-ifies-111'e Construction lulu;migef that-tlieOwne has .atc oepteal tlae f afarafwateed-M raitaaarrtt l ri lar<aloraal-lta Prica a• aos,tNa..thet'Jiwatm"14aed-Maximum lraicsa let°cwptasawl shall b ^ akeemt l aattr atter �vfrtli rant titrtlttaa..aaeeeptaatae'aa troata•..the t awn trtrctaora,.mMsrwaarger. Followiatg aeetalat7aawaeaa-aaf�a �iawaraatate aatinauraa-Itriccv� tlwa* t�w•nc�t..aaa�aa.l(';ao'astf�aaetiaan.lWlaf•tatfel:"ulaakk-ox��ato-tlac� Caaaraaateeal Maariraasuta l rwa rnoarclaaar+ t afaacrraalnag this gfverr vntft wr copy oFwlricA tiethe Arf hrt+-ot,m" 11e Additions and TM of Architects. All Deletions Report for AIA This AIA 3 Documentis protected U.S. Copyright Lawand International tion and Treaties. by The American Institute (formerly 1 pY ® ernational 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 4 maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) (.ittfafttfliee4l M�a�•s�ra�rra� #'rice-a�arra�aada��ara�t-wl�a�&4-say #'+artla-thapt°�Terl t�#area-d-,uaa°,arxis"tl_d#,aa;xafra�aary�..,:Pa•ir: wi#�-il� iratf)rftfattiiln-raafd-�a;�;�rrfrt#rta�-la�t�--t�Iacorr vw#arch i6 is-fa�atl. 2,2.7l-..Ibe •onstrii<,.Aioaa;• Maan ager s1ta#.#- tai-aneu r^any ck)"t ita c..;ralaanbursed as W40K40r.,t0 llac eoi+"aaa+efteoeniellt:..raft#a;r «» traaataora It�aasa ..tarn the O wratet° pr r ide wararre + aittraa a+tathaaa► tti ra 6or taa;#a oa ts; -2.x.8 1"#�"-�aaor :,#aa#1 tatakl°luri�e�-t#ar�-t°�h+teat-to #�r<,auici� t#ata.,.i�o�«i�li�aaat.ta>�1ao#�)aaawiiags.ara$1-�Sl�f�a�id"aoatiarras-tta ina�ttf°p as tte t#re agaet c4 atpfraa �r aatataaletruars aara fl t 1Raa+#'ici:ti<tit+a trakffwf c�c# #fa (lie �affafa�afat a# rlwaxinauftra 1?rieAt taaeaatlraaefrt: 1 hu ( wt ea° at#tatll..l tufa l t+y i ff razsla ila<a rt tr+wetlIlrtawings and stw-ificatiotat,"•4-o' are f��av-i�etl��'#te-tea+�stf°tfc�rw•l�iuitrtguf=��#tal# rakrti�`y-ilre�i�waa= a+fd�--,�ar�,riieet t�tl-parry...i�acctfaaa#si�aacif.*s.lrcatw+aeiaa..ila+ Iltaarfata�l�ed-Mfaxinttarat••4�air.�� �arrra�ntlaaaofrt-taaad.tlt� r+�waid lira+�•irtg,waaaaa;h�S#��aci'erttaa°aaa�r; §-2+2�1�'-l°l�c�-C�aal�tr�tfrtaf�anager wheal#-iaac-ltad+a-ira i#rta 4'Ia+artaaati�trd-M�iafaftatrfta #�"�ia;ew�t#1-a�at#a,, ocxu�afaaauf� trs-e taatd sin�altae taaxatrr ilaVu'k 1artr itical icy -the 1 ofrstr►auiiaalaraagr illaifaa #�allg eaa�retti r#, +�a#yet#fef or.,.iaotci efleti-aye.#_.at,.the tin e ikat ira raratoed Ma�aaratff t d'ri�fraendatar nt #s-c�aa icrU- ted.- § 2,1.18 Taxes Owner is a ttri excr�lrrt.ftatti�utt�Lr ,the laws ,ofthe State of Illinois. Owner shalt as laa%t cif oto aal�cl�rt�,katigs...igiderwth is ercenlent, t)rovrde to ttie (_otisti-taction 1tat )er all certificates of ip foraqI tamxs-xim ipj llua°I]j2m needed to cr(tide onstructionWn.agpr ttt..I is lm tnatei-ials and ofli .r items to h Used the stork cel irrc�aporated into (lie ytMoi'k on a tas c carrtlrt ba�is, < #t„ x rr t,Ia)n �p ci call yto include but not to be limited to the "Illino°is Retailer PAGE 5 § 2.3.1.1 For purposes of Section 8.1.2 of A?.4l---2()(W-;- A 0 l 2'(I l ?.the date of commencement of the Work shall mean the date of commencement of the Construction Phase. Contract Time shall be measured from the date of ..— ........ _ commencement. § 2.3.2.1 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 by other appropriate agreements with the Construction Manager. "lao (lwrafr fttafy alesigtrato sltciiac peasfia tr°oma wvlartrr:r=a ratlti+ lftaaavltich, tlae f;of'astaae-titon-M'r"aalag+�t"-shall-�al�taifa�aitls.=4laia•C�'oa�rf�tru�t•ien l��"laaagei�aalaall.obiaaia7�aicl�-fa�oraa �tfb��aratf°�toi�«-ranfl-r�aa sttpl�l•aur:�-ol=arattrifa4�-oaf=matltfiraiaa+�aat labtwlc:�ttecl �ataei�a�t#.l:y;.-1�r-th��,.Wsrrli..attrl arlaarl#•deli�ea=�aacli 1�ic#ati-t+�-the..�"4rt,�lrftaaei;�l=#a�. (��taef-abet##�tlae�aiet�a-ra�rarto,-�vatka"-the-ff�#vra��e tt4=t#pie 4�tarastratctfeaat-Mairatgef �taat#-tlrc-,�rchite�.t-, w6aic=l��ds--w+Il-kms tar,eepted-411eConstruerliott-tfaft et=sha#1-fat 0 feclujrecko-eon4 aet with-fal1Y<,nie4o-whore -t I* (-'�onstfaaeAf)n-1'+rlan ager, ha& r asonable-objeetionr. This Contract +lmaml be tslrtt t tcf111gprgNJsions of0te IIIiiioia P ev ailzaug' aagt tmt�R820 1L Via, �(�fl�_9 ct_sgq. (Contractor rfarcl alltrlrcoaltr ctor hall omp witt1 the tarclvisions oCthc lllinois I?rcw�aaEirtg_!?i, a Yq Dict, 820 11 -CS 30/01 ct si to 2�3�2;2-1�1"�tho�faar�aratd�Maatirrafff�t-Pfl�iue-ltrfrt l�aeen e~ytablislred-;�ftd-wltert �r ;,pa�c;"i,.li�;�lffrlclef i;1 � fs-f ec,ofrrfnerlfletl-tel wner y -°thea ( strtfeti aft ftftg* r (' fs f alified-+o-lief=reel-that-po tion cai'thc Wurk:; afad :1'} lfas srfbflaittefla laiel (hat t taftftrrrtas t';fa the n°eflttif°otTfettt cel tlt caftirac t -F o utaaeftt f a itlaoffr r r atirrfa or exception&,- but•the weer reflefir�aft-tlaetm,�aaa<teller-�air1�#ae-freeelttc*tl„-t%tcfft• tltaa-�="rafrstrtfctiftrt-'lfaafag+ar-affix rcfcluiretltai;-it,.f;Ff�tftge..(err#c�f�-laws-issfrl-tf� fffd�ust-ileo°(�ofttr��ct "1=if+ere-faffcl�tltc�ifrftr;�ffteef#-lvlftiantafft-#Mita-��y-r-lac-ditltuf�aftce 1ir�taafnt�tlfe-f�ifl-fal•ilic per=s�rtfl-<af--ef7tity r�tlfttntetacletl-t�a�lae<4wfrei---1-ilte-=avaitf�.fei�t�:wt-lvlafrffget-;ffilte aartrtraftt•-aafa.I tifaae•reriltfirc�a�aa:�ftt-K;al'-tl�o.stfhc"rtnt��fet•<�r otheragf�eort�taftt°ttettrally�sigrff;Iittt tlfe:ur;,ot�-asf-t�rltit�r �lesigrraterl-Icy-alae 4�)t�aatef� § 2.3.2.5 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 tot e Owner and Architect not later than one week after Lhe r ice m g �c, r I ha f tl,�e� to tin tri, review anti, r artaval o,__m , Owner and Architect. Additions and Deletions Report for AIA Document A133- —2009 (formerly A'121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) 2.3.2.6 d:trr there+rartft1 4trrrattc4ll,rrrriraarrrrtrcnarr„.tlr"rrstrrtrur� Mtrfur s -Irl& IrPe r v°+l ik") �:rpl'.rrirtra •t,r� Gtw6 �.G-;�a�xl Fi,.r�':r.�a'.wd,�r*Ls4-.r-�zx�. k,rzw:d_r.tm..%,t �c*rrrar�.ni;,_��eai tt �,�fx�, � aa:� c. ��^AA'. .G � ra ar:r: d . x�y<,�.7.,.,.,v with -fa ct-ion-3-.4.0-of-A2 1-2,(,,)7v,A construction schedule for the Work shall be prcavlcle_c1:...with Ille Guaranteed Maximum Price Addendum. .2.4 Prof4ssi nal Services Scetrcrn .x.124 -0 -of A241-20474rall-aPol l+� hr�t)� thc�°��,rafrs#rrrc;k�rror� arrcl t”c�rr�„sttmuctraan-.:P.hase; ,. §-2-,5.. a°dott"ate;k l eutie�rr--I �-1:211-2t)(l�rrll�rrl�l�r-tl�aaal��tlre l�rcr�r��r�rrle+ir �rr�cl.Cs�arr�trrrct¢iui� t�ltr .jjhc C"oanstrtrction Manner shall garovide adi ainisnarrry ill erient, and related rwra o� ired to coordiriat_c the Work of Subcontractors with each other and with the activities anti restiionsihilkir** of'Owiwr- rrcrcunients mt trc,nt obstruction DaggN'Lll tAi „de with Villa all � sPec is rltic IVr rmelr; with all aiithortlre , L)ycrniimerjtrrl enciWcs..nlid r,rlilrty ctr:;nrlrriatas„�vlrca raroliy kic,raavolv�dmiri etre I".q°.oject..The Construction M4rn'jUri s11 all _pt��rtcic sar���a�r�l _o allt�a� tall frors�a�rttcl�and Inana well, esti tt� c�rr�r cau.at tl^r agreements lets of tiers Arc iaicrrt "l lrc Construction M�arlrager shall take reasonable ale steres necc aly to enj trrrrren� is wfith Subcontractors for the l' cl�cil raft vwxa t �,'� — 3„2 ffl t cirrdructiora M—a na c r shall trti�lttadrb excl�Isfvl tltrl'tdac I'auicr t <g_c�laac is rpt 9tll grr�lc staff"<lt the I'rtat, Site m4ofcr oa clrerraic:, anti direct k the Work <trrcl ._..__(;rrs, tf all m subcontractors. acts. The Owner shall ivc,_tltc r ight icy direct the Construction Manaver to remove or rcolaee anv earl -site ne,rsonncl whn r ric*r tltiroriiarrri=� "� direct - _ w of er M<aararrter shall imma,lc,rrtrty an ora site. niern.bcr f)rf)vide a siatance cletei•iitniin the costweffec.tivencss rah slirr��ria � ct;r�istrrrc trcrn in enc err two a oy._includitr �c��►, estimates for construction in one or two stet acs. tl;acalruoritrric.ti_iPi_ggrtlist the rmp�fcl ct dpie and the eac.lmtmtrf.l.ts„Subcontractor's tiniely )icmrfcsrrrr�rar e and; gqp,'jLjjiance with the Drawings pnI S_Llgeifiic .bons. Con. ti°urctiir¢tmml t twr t);cr„<it �i r,rroulscrlt with itwagrTytr rc) arrlaai available courses of action when material requir,crnents cid a Subcontract are not iirMt_t,Krlliiled —and th-e arrw.t lwl"r minting kl, ra m >ll n0tW alti.e satj,5 pi L.eorrcctiv_ acamarrrrt_hal„is satlisl aCtraI. .err lir C r¢r trrpctrco i I4rmr ��r. IT f 3 4.7ons4ruction Cwlmmannager shall submit to Owner a f"orin of'&ntacigr;artw.d_C.(i�l Reportfor use on the Pre cct f'iriA 0vvllcr's._t�cvdcw coiLikit in and aeec tancaa l��r�ixt acrer t neoir 1��wticr,w.t,he fbrm of cost vs 13 gf�ct t�gpcart shall,. establish mth standnd f�ar,mdct<rrN..ri,�trircd fcai the remainder of the l'icrjgr g — §_g:3.2.14 The Anticipated Cost Report wall �hoay ac tiaai: wa�,a�sls fi�ar aa�aini 1lcate�el �tc�tiw�it.Ies arild castrraiaatc�, for ur�icotialalcteci tasksand.. Kill _rdei�ttrf"y_variances betwccrri actual and budr q d t)r...r girngted costs, Construction Mana x mshall advise Owner and Architect whcrrcvcr_iLojct rete c�tist§ r:.acC;ccrinlrrral�st`sriatt <igacl Inyi.ge, c,a')st SaVIR& irrraswtres ler natfmmtalydrt deficits;.. 2 6 ort tttttckrrrrr i C rI tier shall be res aranw!sll)le dor call c onslniet )ji_, aa`,iNur s rra rf ironed I?its subcontractors cared thc?sa_fin 1p ce swr,;�corltra�tors 1;;raa�strrf�tbctii ala �r s�irrdV �ralacr ise the " o.rk �of"µail subcontractors lam°ourcfrnr .rnstnictions tz�mmcacti_"ti when, its Work docs not+�onforni to...tlrc Itcairrrrctaicrits,..eil the plansinclslacr ptiaatrrarra�td in,artati _q achmsubc antra-ctor it) nsureWthat corrections are made in da tililclynr4inLi r s2 ps..not to arr c t the.rar;.cr�res� til twlac;�°c ark. C�"onstructior� Manyer-slia!tSpordin le tlac satif�cat ..pLiggrwams fol° time Prokel, Fxarclrtmsrs to t�rl� rwals, liaetl�t�,tl,s Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11 /07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) J c. t� Niaill._iae t�luly la. ponsibie to. awraer dire 11rc cxd trrc „an . alo(.cssc s directed a the Owner,, Construction Maaraaa rcr w of�all construction mcans, nat�tla_ods, tech� i ucg e% Gild_ r!jq hli�S er11frNla� 11 ,y � c�rrslrrrc lirrrro_i! l�ur_�G}fur or its Subcontractors in the C"c�rr lrrrt�� raG°the Jt r � nd �or_coflcdrl7atrlma d11I v1L)gions o tlp�_Work trwmbc prrriarrrrl,t ., §_Z-_3.2.16 C monsmiction Manager shall provide inronnation sf',rtla,aat rlieITfITlevrlawr rla<ay�rpt�ly_for and ot?.1ain al necwessary gL da! i sired buil dmjg_pgE its «and s11ecigl priillt torr Pr! rrran rit lulprtiayg!,1gr!ls,( c luiit¢ airs units reuircd to be obtained da a tiv b Ill vari,craas_ llbcontaactors:. Owner shaallv,timel rr rra;ws.r(le ►l lmrca ord�(lraaayili ,* srra.cifr datxcaias aaie ether infcar°mation rcotiore(I to obtain such(igraajits a If1?,. 1?,. ct ta?,lac i'rnits Haat ubconn ac Io s,aarc raalair1ed ts�,aal lin Construction Manager all require all snch Subcontractors to obtain those permits before they commence their w.ork.-Construction l'v'lianav+.r sla�ati yg[jdlla It a ialti a alcm:lpt ilcl_as c srnesits for rtll dlerrilnwai lrayo been paid. C.ernstruc,lion. Manager shall obtain, withOw ner'smmassistaantu aapraroval from authorilics l,i xivinig llrisdictiot% over tile 'roicct�. inclrrciira hrtat not limited a Certificate OccapanymaNllaviiig aacbieved�ubtantitiN,._Corn.�todtcrt,. 2.3.2 ,17 C tirastrcactiein Manager ifev l(r ,raid estarialis a, rar Owner ws� b nefi,t„ a ciiiaaEiy„aasstrTaance conlrcrl ss sy °tern Ln - in order that the standards of construction called for s mecift or, drawn are met. Construction Manager shall conf rm that mechanical electrical, OlUmbin gg and%ric otcglrraia �� trwam�a etre,, lade<llrale�y tt stet3_azrlci l�al�lneect iar ior° to. heir lici,crrcaanee C"onstructioiI Manaag;ea shall coordinate all testing glrrc')yLog(i fly ol&acz .as i°c mrcai k tht tePhgicaJ sectioliss m gat t atielata(aris_aiacJor �ooll,scd b -go )crr uaag bca lAes claargeci with ria froi ting tl1,i "tar fear ocsri rlr<a,ncc witia, ta,l t�acw apaaZreabjp hy.iWitnC codes, and/or ars reAc airq aliplicable brr,imf(irng Bodes, and shall warrant Haat all suciaw.Work s1aaallcrwlaiaalywwitlamtlic„_[raw_v__raswazlrNw rilrrrticlaisiirr,ticlyaE,f_oritnrckrririMariatrslrallcgraanaccuratarceorcl(rfallµtcst,, in-%,cgtrosas oondarctgel, dlrcid1iig �rn(a t t r at mts nc shall snake thr na w axilable to tl}r. } rlfr <rrlcdm rcliitc t dear r v (uuv xrITlliITcc big., 2,3.2.10 Construction Mailti ti r la4�il ragrdirrr®n_t.Bxa , Pc rlc in accordaneq Willi tire � r ti ai(lWt ra Brit of the (:vra,ti rct. Documents and shall. assure that the Work of each Subcontractors bein wig performed inW accordance with the agquirernents of the Contract I. ocuments . Construction ml' '.I tip,6, ,r.�li,ill r tl<li,aivisrca iso tc^c t�wiI rltg., iIrl i defects and deficiencies in the Work shall warrant tile Work is free from all defectsarid Ll iciencies and,,, sharll,norrr curt its aA, ense all def cts and delicicncies. Asaprar°(apriate, Construction Mamlroggcr habil re(ai'irc ,pmt mialwrnspc,cii(�ra or t„cytNrii;,µaand trio k .recommendations to, Architect r°�eardiaair s ccriaaN ursI-re [ion o testing of Work. 2.3.2.20 Construction Manager shall receive from each Subcontractor review for conformance with the Contract )octiaaaerats, approve or rc cct for re -review aataai saibrriit to Architect all la(.ra 1)raawira Is ,T_rardtict Data, Sarnples„ s—Built Drawings and other submittals. Without a assuriicug_,,,_rr�r uaal_�sl� taatc,et' s iesp¢rrlsillilptyw frrr„ lrri�ia.raawiia rpvr w,, ::. i t ug1ion Man"er shail stamp all l Shop Draawingi l'roclaa_a.t I)ata,s iiiiiila:s. As Btii;itmftrawvrrlgs an,(lWother submittals. ill order to verify Construction Manager's review thawreof�yrlaicla �ta!iNpslaall ecriastrtrrte � repicws�ritatgcali_lay; Construction-Maaaaager to Owwnerwthaa,t (tie subtnittedite .. Contract mm _ _ coordinated_ i c,(wralianamsrs. tllc C arrlt.raact laircriraa(nts iiatl is ittC catl�i r sao _.dra frail !� onstructicllx_mivl�craragg shaa6l c,gitlsl)ait_all wrilirnitt,ah tnaj ArOiitect Ibr Architc Vs xxidarfivarl and wli_e wdrdapd(Able toµConsultants til li ar apartavall. Incollaborationwith ArITelaatcct,.aind where ,applrc<xlalaITmmI'Ah C onsult<rrmmgt «� onstnic.,tionMaamraaaga r shall ®establish and iaaip�ai(Nit..airoqedri`av Saar cw�rwccfn,ting.tlac raroa c,� ragm�tf aiaaa Drawings, Product reats,;Sa¢npia �rsrvE' urlt f ra,wing;saaracflolli(r_sarNtintttaris, andsli`ill assurdthal tmc aagaprt vccll'cragak , Construction Schedule shaaII include acceialaable dates for the, tarcliauaatiaiNr, sulainr Sion, iaroc, ��srauiad nz—Vt r tr qqp Igraawwipg aand otlacr rc raITrITred snl ra?rtlals m �wrchitect"s reviewv of submiltals, or whe �afapla,� a nle review b t: (,aaasultaltics� �f of an Irirtrall swa aaiaitlaal� ar1(l two (2) l Y C (rras�tgj ittri. I�%anil ger orb ; an �srr reonhaactor shall be mmlimnimiled to review initial araraec wwritla tlae lass —c--is—ate,-Mressccl in the,(orm-,ict, Doculnertts, C oaistrUdicin Marna ge rc submittals for confor'n _ e " 1 slcall pay Cwrtlipui reunbursement from Cwnw r dor xr�irsls basad expenses incurred m cl 111lectioll with additional A.-..L.n....a m.—I A.I.W ,. .. L .,.t'. f.. Y ,�w.n..., Po. y.,,.. w.., S•...�.„. .0 J.w 1„M .«, .a, ee� services rendered in connection with reviewing,sucl'i ""t.xtrra' ae sublaintails„. aI'd aigrccs. (3wrael alaal lcciuct ,such payrrtcnt drrarti ilia tic t mcarrtli µria rata i7wt si �vltamn the ri w�subinitt al4,iii excess cif tela, a] Iww o reviews is caaossed b (lie CsirastructionMargger '"pjf gcrntractor•,and/orSub—Subcontractors error. 2.3.2.21(':qtr „trttotr< tr_l [bin a ci...sla4 ll r7a ireitaolz at kligl'rc ctw ltu, on acurrent basis A.rec ore, l eoi of allm Dryavu'l&s., aeerlu. ataons and Addendammimn good order and marked to recorilmaj chaarn esni ade_durriig corastra,`ctrcrn, (laaraga �7rd�r 1-oj,s aaa4 other ModidroralaaarjKjjl�telaa l r<tarea�g..[mfags. bU_Itrarwii^irrgsi f'I'oc3taet IDawC;ab r<pga,%gaie , r1s l ariit Cariakwlrir;sl submitt.aals.I aaplalic alar lriaudhaaolrs, aaa.aaintcn aaimec aaad_claaoi atiaaar.araaaL Is and instruction�sdcaelaaiaolitITs . ...., . mm ..__.. _ _g . _ , in µduplicate, of prtncipal and revisions which arise out of the Work Construction Mana er r shall mamtam records, building layout lines elevations of the bottom of foot iaig , door cvcls am) key site cleyaatm,onsmccrtifAa d lay ac cc veli fi-0 stgl wa year rar la cif asiotaaa ealgnicer, Ili coordination wvitli the Architect, the Con,structionlaiaanari;ershrail esta,blimslr and iaaiaatcriac<rit li c)cedtires for Clic, trae_kin&,sLnd e p�diliiig.tlie. rrroccsaailig�camtmmsatalpmclr:isv_iiags alicl saniilles, baa reeaui.reedd b the Additions and Deletions Report for AIA Document A133TM —2009 (formerly �A121 CMc 2003). Copyright � and 2009 by The American Institute p �m. ( y TM ....- n ht 0 1991, 2003 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No,7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) __ _ ralt lrrru, sl�irmlNe4 Modified iatata twwr�a�tw11._r_ea�l:trottsaii* ec atrmma.° rl_ac.a -i _ , t9ocuaat ntAt)tttl a s gg;t•a.go ,tat �y C� �rraa ra a�rc�tglc a t_tza�,a� C �at1_�kr nrau�l,�wn Capp an a q. J -?--3-2.-Z2'. �c111 t•rwi4liaaft Pvldrrt q- L�axtli era ata c^ Ciao r a; rw°gip aaaaa ala r° tua , cflican �r1 3 a urITwt m katSubcontractor furnished/installed ,.,,aaael 0wrla c t���°¢a�����cl�ucakrta�mc<tJcar srr�taNNa c� xrr<kk� a�aaNs, systems Land c t�br�r rrt �rV�aa Sr arc a,x,a apt'"ter 11kpject until stick ata"ms,�a,re s aras�mac,to .ly rll�r�r �rr�wateo °s�atr tl�r )rca},ect. PAGE 7 3,°l.� �'l`ltay�raafr wN�aa�N-q�a��'��ai-%rai<rasa°seat,leers-�v�t��-r��acraiaa6c* rarta�itracrrr�;,. raiciraNaaa� a°a�,a�erlfcataaaat�t �`a>r aaat�NtiaaattatNcarl�. arrt tli Iia��r�a�.t,...Nae+�Naa+�N+�.°t�a�+Ntkur�r-aarritaa•w&a��la.-sNu�iNl-stale lair#:Nva-�tlaa*�3aat;a'�-rala�r�-tr�as�„-�aiaa:�li��aat�., �araa..,a-a�i���a tic�lana#1rxg� �,�Naua�aalp;-s�aaacaa�TMc�u�ra�aa}a�a�t� arrac�r��Naatlt"yaatiNa�lar�-f�aratN:+�N��-tarsal.-c:�aalaiataalaak.'aalat�,-;aciciaal-tlaa���a�ar�aat„��a•;t��taat�; taar�t�atDl�rt1rk--�aac� sit�a.t°aaalttir�aia�a�rak�; . 2 l°amuaar lets k'liaa x�a+kiaafi cad alta saaua �at cl kaittar�aaria....lrrdca aa� racla aa�aatr 4Zaa 4 "caaa lea aa,taaiaa Manager ina. --f qu t rara�fk�fa..t�aaatwtla(v�ataa°-�a�a��Na�a��afaa,*aa�aafa�alaa--ca�+�a�aa�aa�laaat tlaa-3aaaat° h+ra�,.taasda"� d"�aaaaraa:Taal-•aarfaafatfa�faaaalt;a.taa-�'+a�al#.t�a,a� C ganef, - Mi ataons aaafcNt - , e—Ctaaaktaaa~k:..:l'°Ntereaa a d$aa,° a1aa &aaaullaita lydlarra� r -€eau aua� rcaulaaa• t.. aaa a as ° tR taua� 6” tBa�,�faara l�a�lw�-kat�taa,aNr;a�w}�uyaaa�;rt-tat tlaar�aaawkt�aaaak�ta-%aaaaa"aaar at��k@a� �"a�a�ttraae.�t 4ta;aiallafttk�-raaaa�r�� i}�a•alaaataa»•itt-tease Marla ra ataaa iatll •a Niaart as a t t a ritrataat aatai; a ami :.tNaa 4 aaia ttaaar latfa l f�ta r ala ttt (i eat tf t taaa aaa aataatM"'ofacern at a taaaaNaaa 1.aaattaaaaatt �vltaattltaaa laaa [ar&al 4aafrtataatil'aalataa say of aaia�mtta ir ata°a�•tta,...t�ta:-�:��r+=aa+aamat�*N4ft parataaadeaat t f araitaar caacaaaaaaaarak°a a=uatrtttaaaaatklaaaa all k au airk atr t tat aatrtaaaaa O1`a41ta,-:Work feelaaal 1ay....attaata�ra�N 5ka4--A,he- wnefr:fuaat tt kkta a lel aacaa,�llae away r Naafll..ra+ t aaaaataar a N -tat atacla P taatacaaa °aartaaai aiaa*fats° tlaatu#;trlctr noticaa kaamt tease, taiackia':tta-N taaaaf eat tatrcl azaltltcta . tltt Car t ate t4a ear t al�xaa al tra afc tfata� I° tis taaia laua ut lair t:ltc l sa yc alta lira tra (1) the btad ca 1°ra � f � a�waaa�rP-aatlaaar aietwt�; atiaal °{ rat�aaaa;ritatl�c aeaatk�aagaartclaata related -to afl-of-Oltese-ee4s,.-I khe,Owe",ig nifiacant iiiereaaseN- rat-- heef— tf s, lre..l4 nears,-ltaatl t4�tr the C ost-tW4h+ r'-rsa�9c—tlaC�r�a+�a=ala•aallnitratat`y-tlaaaat�t�rtttc;ticti°t-Cv'l�aaarglr�°aaaaal°�hra�laitaaut "I°$a Claw+r-utacl-tltaW -t�lt6°tats aal..tmaatt�tsltarkNra watlt kltaa-Cn"�irafrtr�aa�,ttaail�°l�aattaagla;a--~wktaa�l°tlaaar��a#Hca°--ugat�aa-taf°.aa-a�earrttPattaal�aa...�laaartc-lea-tltaa-�'r�tt-"�,..�caaPrM�-aaaa�l elttx�lNa�+- 4445 lOwal-art-Enviroftmer°tWTe tsrUave nd-Rep rts,4, tir°�Nrt taac l res catt tsaaaa tsatia 4'lt a tlaaa C it r laiall 4�arttl1a11 ttaa�-l�illttttaag�-N.ial�+aaa"aaaaakr'atta-r*�+ea;l+�aa;�.lklt..r�a�ttaatmalar-gta�aa�atttaftas,.�llaaa..C�r�itca=:�laaallai4w,tt-!'arraaa�la•aaaa�-�tttia�sfa laa�"exraa•rtttlarra-axr sr�+a�a,� asaaalaar�l-C��s��raaaa�"s-a�aatata�ail-sata�a�claa�ataat-k<a-tlr� ra�aa�ti�ia�tiaa-tt aattaaa�r "� lacr-titrtat�aracaas •aa9'..tlts Work -w46 -Ma"at r1." wrlrta rr request 44 ucla in4ktraaaaat-iaxra-or aar�aaaaWa.•'1”star-a�aatt°tic�ttat-l~+alraraar�r•:;laaalllaaaaaarti•tl+�d�tei.alr�ra kla���rca:ar*ataxy-k�6'-Na�9"carrrati�iai aaraal�ir�taac� Iaat=ta�altraal-1 tlt raaL=i N fat alasll arcaaa a artagiaar lrr rant aaa a a tatrg_tta klta saa,lt 1eas°l"aarralaamue-aa4-4e-Worla-. :�1,4.'l-"�-laa�-t�wvaaaaa wlaaall�ax�°a1la�tkra;.laaaagaataa�-�°aaacl-a�rwtaatrt�..r�aaarasai�ia ls�r,aataal �a��•attl$aaa°jai„a,taalwal•kai..l!<t;�-klaaa gatartt�;.�ata�Na,i� �traaa.txtr�al ...axa�ltaasat�-,xl„ aaraal uNaarxacul t�ta;-taa;at,� lexr �ata�aaaaal-�ata�r:..ltaxllattwcart,.rv.tartcl tas�t�-lase=lara�,�trakrtaa;� ..8:�:�.”l"l�a�C�alaa�t�lt�.ll._Caxaa��la-�atr+rc�y..tla��ic�rirag�-�lay;�t°c:,rel-�laaaaaaa,t+�raskc�; laa,,aal.lrirrltaatNaaat� raratd..atttllt.�:.,larcattNaaa�..l;riM. klt�ttaa-�tl�ia�i�r�t�r„ ramal..;_lcExal�lc��)arNrarr�al"tlar� �fka .Ilea �ttr�a��';-atraalgl�al-aa�rraxu�rt�aarla�Daa..slaatll Viae^,lata�a�sa�-ral°alalkcialal raaela a ratjatNaaiat"Fop r't -aracl°,r.tru turas , ala slg,taaatecl..wetl,ataa4;a .,saljauNit a raarrt�ag c rig ltk ail' ww rad -,..r trtckiatat u:ta ttaa tt „a»rasrci clttaaa'tatty a araatag „-rla anal marlc aaaaas„°laexetraclraraa, �taaa carakarura sal` tla �tt�;._11at�aaticart~-al�a�tarraw4+uraa�-aaalcl°ray�rkr-elar4rr�ttlt•°raxrwlaet-���•aaa�kNragl_t�iarilcllatg�; aitlaa�.Nraalaa°ravefrtaartttra-�atcl-kr��aa:a;. raiaal--ratiitr°taaut4aatt-rw atraa;asrralaag�°�a�llaalalr�- attil ltd •�a��.la� <"ataal-llraar��tla •gaatltl4e°� �aaaal Irl ��at,-aal�rat��� sra��k�.laaalat•-�r°taala lase ltaallaa lata at aar$al al lith A-11, the, lttibraaatat on-oaa tWAurr y-Oalt be r l"e,raRood tai au Prarge,:°t•laaaaa°lartaaarla "1�.'•-ltca�vaacr�ltu t�aaclt-�aaara�-raaaaaaf�tt;Orly-agl--lttrtalr�r�Ne°�atl=.gert�+ala+alca*1•�,tlrre�a�4arlr..taau°y lttcl�ialas�tatt4-a.arm-rtrat-Naatt4•taatl-tarta`a:at-laaarsaa�ry�-tit battv-alr�taartNatattlt�ra*,-ttC°alai,l-ltaaa�aarrtg�.�ralaiaf:s; ltaarucalrada'Mara-lcr;k�;•a*•+��altaaatlttaa� at�liaaarala'tat� ataaatt*a°t�al�,-statstTar°a�;atltiarratrr;-raatfaaalcrrca�lraat-tcast�-attacl aaa~74�t1aa4ty°°#arty, itaclari.l�ra.,.race.c:;�srary...+:ilacrartlrrfaa li°tat °�aaatNaiNtttatlfa�titttsaaNl ��aaraclttletaaa`a;-�«a�atla-+rtaticau,..eslaatrar, aarta4 rapagat�axttrN�taa..ra�ucarr°titamwaaalaataartaia: PAGE 8 Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 T Mc —2003). Copyright© 1991, 2003 and 2009 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order N0.7021810420 which expires on 10/28/2020, and is not for resale, User Notes: (1164732771) 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 A2(l1--- 2Cill`2,--A2(l A _the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. The Owner <lesef-ib+ed-in-/h1,1 T)octun m 84.331X -201-4l tandard-Fonn-o grt ft erfM tt wrtetf 0 ff rtfffd- aelfite t f= nstr t tf t Mfftftfgfff a ftftmetor.. 6lf6efn.44*-has retained an Architect ..ttj,� gyide such service , e��rtit.s .and re l�pnsihilitics aL i L lrr r r �wioKy for the Prosect. Uj request, the Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. ARTIG E-4- OMPE-N ATION.AND-PAYME—N#" - R-1 S—TRUGTlQt4 PHASE SERVICES §-4.4-Compensation §4-4444)f (lie t `f nstttretiora l lffrfafger l reec rastrrkatitarf lfYrw t avreo ;,,tlff 1. wnef assess �rrc)aefrfatff tlfe... rra lrueta rf Mdflragt�r°f�r l<fl&fa��ffw 4."1.�-Darr tira•.f�rrfas�rffetiefff iarfffg�r'f«-�rec�rfstrafetiffff..l�llrfsar-vi�f�s�l+�wcr=irt-fn��"feetifana-2-6-r�frrr&-�:2-. I,rr��a°f �a�utafr/rtt �a�"=rrrx��c'a� �rra� r�rrt�rx�ara°aftcrrrf..�fraa� f�rrb��a�l �► �"r.f,t..�.rrfaf,t'frf��er�"ad�: r.�r�.�F-a°���rrr»r, rw,� �rtf�a�rs<:•� � �....1�`�the lir°e�*<fefstrrfatsfaf-l�ltrtar�vias award-&"wy-tisk'4r°aetfrarftlftr�tf�ftlfa�rr�-fafl�lfwteal..+ftleltf...w.._� .l rrfaxffths tm�1'�1fa..elate-a-�Ctl�'w-gr�saffaerft; tl�t`c�r1s-raffrl€--t1ft�-�+arasirff�tir�-Mffffagf«,r„..tlrr�-��t�a�Ra°�fc�r"rarf.m.Mfffffrger's cffrnl�reffs�rtff>n frfr l���aef�ff:;trffutif°rr�l�lrufsa »�ari��ra;,�l�ttllclu+tly �fr�;irrttae 4�->d'k�"f�rfrlfarffrttrc•fff latf:cl•ofr�lafc:t..1�-f�r�,aflfrael�l.x•;refasf�•itacltfrle:�-tlfe-dir°t�t•srflsff=rs•fs1"tlfe �=:f�rfatr-trt�ti+�fl,f...,Mafffrg+�f''.f pt�r.;f�rlrrl-frrff�ac�iffg-1r�eefrftftrrrt�ticfn--l�'hasff�-sf�rvias�ckff,..the l�tojffet-encs-tl7f��-=fnfrf:qtr=fff�tiotr-Mfrr+rrg�r�"s tat;t�-fcfr-t%te frrafr�lrft�rr--�trarstfrfftti�l��lfft�rrl`ttffrlfftecttdart�rftfelr�rfaflflfff�farft �tea�ea�tfffel-�thaf•-stfftfftf;>r. frr-rlplc�yrlt��lf�rrrfflrts, fnsffftrnf;cr„•::iatl~:~�la+�,:lffalmiday«�,ff+:rt4,icfn�,naploy��-retia•parr°ft-g�Brraar„..affd•riff�wilcfr=s-rtrfbfrtrc>tfti: 4 Payments 4.a1 t,lrflrs-tathe�rwv-i-af�r+����17 frayf�tr�rrt�--lcfr-�a�vi:ro-al+all-1"faar$fle�rrrf�aftlily irs-prapf�rt;i�frf t�ra�sf�r-a"%r.=t:�1�t�frarfft�1. 4,...l�tfyaru+�sft�-al•e dus-rfrfcl•��ttaiflffanrf-per"ssantx°ftisa-+al=tla-a-Ccfrfstrffeti�t�rf Moffatfir='�-arfv�rrf�;...��,rffoaarfts rfsrp:aitl-_f tla y�r-a�lif_fr tlfeµ-ir�rvffi+ra-elrftr„�-slffr.Om ltff=interest,at-tlra�rate-afrtcfrr�„1-k-�ek�vr„ f •rrf-�tl���.rtl�sena�* tl3ar"ef;at-tha�legefl.. rift+ prevailing Manager, {��fs°a:^r-�'-�°�atr af�aftrftraatFl�-rertrrrmaar€�rara"�x���:.�a�,��•a��..ta�faa��l E 2.85m%"mof the Total Construction,fosts, which Fee shall be included within the Guaranteed Maximum Price,, Nq t. N�aaltac its CM Fee o t 11giWes lax Work, 10% Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No 7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed Zero percent ( 0 %) of the `fanrlarrl rats nam at the nlary nf'th� l�rnier•t Not.:A.I1pdtcp.1Ie ng.. pliVic.ablc Not Applicable § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price time Amendment. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. No shared vingsJ1psJ1cn identified to, this Prgj ct § 5.2.2 The Guaranteed Maximum Price is-sha 1, riot be subject to additions and deductions by Change Order- as 1�1 inh�Ptf�tt�ctst�etttsartatl�tOrd,er The Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. PAGE 9 § 5.3.1 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 Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A'nrrtv1 2007, A 10,-] 2,-O.I..7,.,, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 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 Section 7.3.3 of AIA Document A,2-48- 21i1 _General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document ^'n�rA201-2017 and 2111 2.0,1„",shall have the meanings assigned the term "costs” as used in Section 7.3.7 of AIA Document A201 . ..-�A n �n t �nm 17 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 tot em m AIA Document �A201-20,m ., through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document XXR-2 07- 201-2017 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. §a.3:51.ftto-s�c�c Irri�ierfa-t�-t�rt�de ifr..S+ectio�t-5:-1.2•Ia>I�-at$lu�kn�testt til'.tl�u{.tzrr�it�tt��ttc�ta..+f�ttt�w�+`� l�ae-itt.tlteasat..t�,l° cltrc�nf.�c� int tW�,tk; csrid'Ihts ttt��f�t ctl..:stntt�Y�c�9"dt�n�-i;-stt�lr; iat kltt� a�grgatu,-that itl�pliaax�:tw�n oaf tkre-atljttstt�tt�trt> l�r�>visitrst�fSe.iota 5.1 ra�i.�usesttl�s4s�f�littl iniquity-tc-t1tOwlret..o�-�.ol�:stratcttott l�lltntfget; tl"��-t'rrr#f=ttt.tie�n Manager!"', I e sltttll bu etltsitttlaly u R cl On tlra-saftat 1 alis ltat..wrts used 40 establlsh that.-1=oo dttr tht�c�ta iteal �u ofp ; c�fr,:i-thta�ut#fsttr� l•Ml�a�ifmt+at-l�s�ic-� ;�lt��p,l.lautl�trs4��l-mord+rtgly: Additions and Deletions Report for AIA Document A133TO — 2009 (formerly A121 CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 0 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 document was produced by AIA software at 16:49:29 ET on 11 /07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale.. User Notes: (1164732771) X6.1.4-Where-«tny cost ins sub.ject,.ti)-the.Oway .4 oblitin thrw ul: r rva�l pf Ic a: to c,ttrrfr g lke cwt. ! It l aftie tll et cl avrrr to, -idea if :...any mach Vosts-pr4of.m erre ,tatirrg f:,atat: tltced Mix-tttttttat !'r�+�e..ana�rt�ltrtet�t § 6.2.4 Costs paid or incurred by the Construction Manager for takes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such 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 6.2.1 through 6.2.3. PAGE 10 {a 4 to is ct4' loc llr ttt tell t dttc,t t r s gt eral l'e tr, llst rl t na tla tl ofag istt nce te-lelrlaone ciallsy-postage and. parcel tlelivt��t'�c-la�egcs,--telel�lt�lale�a-vi+ce..taa tlta�;titt.�-alatl rc�aaso���tlslerl�ctty c�tsla.+axpetyse"rtrd'tl�c-.stt��s�llic��: 6.5 5 1'l ttt p artit�I + t'tl es�,nai l e�lsenses oft4te t nst "t et:ictn Mtuta gea " t st herr+ isa y ctr trdIII iitkir"aq:i•ve perst��tnel inctrrt^ad wltiltw-to^stveliltg�"ifs-tltt„t,ltttr-guy-t�f altrti+�s c�,arrtacctcr-l-+itl1"-tlt�-Wtxrk� 6.6. �Stsles„ tis rmt slt rihtr tali es ttl pt setl lad ...ge vurnataental atatl rarity tltat ar r'a latt l tit the ti c al tttacl 11)r Which the 4�'�"rrrrstt'tre�ior�-Mor�atgt,r"-lialrol § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A20 2007 A201-2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract 1 ocrtlrtants„.t,lreo f crl' 1t 9 rt ling ttttsor lairrrs,for trtli,il geanefttwofptatent ri ltt ,tr siaag-f otlt trtrla requirement fthe orrtrrtct Ic-trrtaerrts-ac=rd ptryrarerrts rrcle irrrrrelatave wrtlr 1,egrrl durlgrrterats agrrrrrst tlaef,xarastau4rrrr Mwrner r`estrltirt�-frtrrrl-srrult-strias-circ+�lrr�srrs,rartrl-,lyrltcntfsettlera�errts-tnttclu-with•Ehe•�?vwoer"•ss?c"rera;errt; l;lo+we,rr, sut:9ti.-ot�t: olwlegtrl tle4etr es; trclfrrrt ►1ts etfrrlWs tt rt er is htrl! rrcat bo ir�cltacteal atr tlremr alctrltation al he (:otrstrue°kitrn 1r lanager's Fee last-sentene'e or eertiotvI17-trf.AlA D(wurnent-- 2f4.g... ;ltl crrotlrer-"pr°rrvr+i<rrrs<al=all a trtrraet l arerorrraerhtw tlrera alley lrall hart-! - its�kteleal-rrr the atsr arf-tlte Worda. ocrurncrrtS..., 66.6"C;a:t^:� 4orelectronic-t�tlteil�srlrerll-rrrrel solRw�rtra�a dirmectly-t�+e�larted-to-tltar�-Wor'lt-�vrtlt�tdre.l~3wfrer°-'r�pt'laar-rtpprcava,l,,. €retw*-ell tlre-4�wrre+-ottd t::trrastr•ucliotl-�lttar�tgcr;.rt�ttsatranla•ly tttc;tfrr'etl-l�y-•1e+�-t�ftr�ra�tiora.Matttitger�al`ter• tlrc�trutrttdittrt t�rl"tltiti Aft•e�rterll•itt�tlre�per€"aaf�trr�rrrc�-etl�the•Wtrre'k"•I-rtttl_�wallr tlte��lrvnor',;r-pr�adr�-appsa�ral.wlticlt.:vhrtll-n+rat ba*-unraltatta"tnal�ly withheld, § 6.6 I trlr eet to tltc lwrra is pr=io arplarcr al; arxfacnwc ti incttrrce$ ilt�tcucsrtl[rrraerwlth the y"onstt°ttcttort-M,an Iger s- stanelrrral-wr'aEr1--1�t:wtrrrrtayl-ppt>lit:°-(�r-reittc�ttrorr-anal-ton�perrary...l-ivrtt�al'lowawees ttl"th+� �"�trar;tr-rrctrarra M•tatragc�r" lter�;tanrrel reeltrireel l+rrr the-'tit+'atr°k PAGE 11 Additions and Deletions Reportfor AIA Document A133T" —2009 (formerly A121 T CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No 7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the .safety of nercnnc and nrnn,,h, ac nrnvirl Pia in Q-*;- In A r r AT A Tl....,, -f A17n1 ' 2_ A 7n1 _101 7 § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document 241-2-0�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 6.8. 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 taw car-tt,s.atay 1>earovtticl tnArticla 81 miT2; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of 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 to fulfill a specific responsibility of the 'aaatta�a t talrtr z .t, Arac9ttl .gaag iaat slpi �drrzi t d to tic fee oz- noriulratltlrralr a = work, la osal aar cal,ltc touq s iT,ncl r dll tp)n cls_ w ra?rzgtltslW.Y pplylmi tJ or ar7tak w.g9od sl1-zily c LT 11, .pttad,tlq. .8 '"c,sit„ awr ery%a aracaata tldcariftgtla drt°taairn ttxutaaticatal'1aa a l tsg«z;I costs,,T1)p�ll lacara~ 1OSIS cost.,,..-- associatedA.with FOIA s-m�g apgjplizance however incurred., 90 A m ounwts the, Contract Docritnents s cellicaltl tl'p� stns the C� �_ . �,.�.. p _��_ ;arals'tamactroexr� 9�rtlaotM_tca pa incleatltm dcOuctibl ..aazaTra.azat,ml2.?y dB It her dlTc, l oz�stre3,lctamfrTT P aznz er unalea° a4t ml?crlrcy, cad rxl tll lcl a 111. Cwo Ls. cc_jgLngirom shell nr v«Indalism of items that are not part of the Work. 1°I tl)rttg t wtll f r r rtz mlo r s�e,lztive or beaamus mr ra m liaacludirz � salct � za c,T7ITrIL n and 1`E0 an l,41&ts.tl a Sira ss,•r ono iNiza;I ce Starr. Milt ty 'trainil7gcarmseglltrtars. . 1 IT ;c, tti amameaat ¢t gl,fflt rq,'!inte.nagLq, - xcmc.aalibration costs. 13. Off, site tole star ales,,. 14. Management of warranty work. 16. Except as roviggTd.inITITS.ection 6..1.1. anymmcost root specifical and c p qr ,ly described in Section 6.1. 17mCosts which this A,eiri ntmrovides tlm�at the CamaastrazctiorT fivfxaT�r shKal] oav or incur orforwhi It this rr arlmcrll 1r 9yl rrlr a<ams lata -( onsta,uction Mn,naf*�taT�all be reslmsmrTsrl)Il, PAGE 12 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. Such records ,„shm_aI'I _In kept, qT the basis olgTfctrlls �mlgtcorgg rgiS�s tlll aa sea�rc�an��yatktlaContract. Documents, The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Arvhit r.t„ Amchrlect and reviewed nT aplmrovec9 by t�lu�,Owracr;,,,•the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 T =c — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be Drosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No,702i810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) the Contract Documents. l lle Construction Mit;lra�t ger iei �oodac ration with the A'rchitcet shall provide with cach 111a1re ttmtaatawliirul? iyliic tlt„ a,li)ppc rly c gp1plcted :ffdiavit wctlis _ka �tlt, X�wnt pt, aaatll tlac n aoaat <tnld„itticllt ._t nt Batt twttumt due to each aalbconttal ;ot, i,n ate i�tliiauti,, ()t other wlappicilllaide plrty iiwlai&l ttatliait,payrol�ilt _l �Ii,t.vl tITy arty listed to lit laaitd, tlic on lrttcrtltala alialg l 5hall,,,,ditc)vicde, laallliq,;,,Iilrt it waty tat Ntui3,a _alpxz,prI�ude. The Constnictign,, arkaayt,aat nt ellificates will be issued in kid—nagr_sllall also pt_vv( a asiwtdad or dirdlm,ry zpmva p of Ver Ctsr lttasvices. ...._ _,. Document A201-2017 General of the Contract. accordance with Section 9.4.3 of AIA Docume „ .^ § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the aaat�aatla, aar las�ftadlcaw�t, inontll. § 7.1.3 Provided -that -an r ppdicaatican lies ,.Payltaeaat is recaaavlad lad tltc -Aat la„iia t iatit testa r ahttta tlae...,day tad';a•-tnon lt; thz mea 1atald rattadaaayaai �at ad the a;erti"fil r llIOUnt-tea flieC'onstructio a... &anagcar..naat l�aC+�r�lawn �t��l���i�� •day-of#he attaafatl3�l=tita��alaha�atiott..lot �laalyaaac�nt iii r�ua,utve#l,.l'ay tlaca-�taa�laite-t-tel”ter-tltta)iralieativaa•ciutc�-fr-iccel tallow�r�...Iazaytnt,slaall bt aaal •by-lhe Own ,not later.Atatr .... ,1 tdtays.,aalta�t..the,..7trahitcut-r talvna the i4laplac ttiaraa atr P tynitriat P nraa rt . shall be rn de suantto (lie Illinois �wa,aCov rt III lent.T"toMpt �11gq Act tec�rrITµ,t,Haymlttr,, C)wItgt..ofthe I)1a tltiet�icjn lY�l�Il7dlgcr s Invoice foi t1lf, construct ion clixt 1ttt5�cd talatrtz �ll� 1�� � ftwrmt�al;t _til r<at�alalcrdrrcro wpfl�nt �l 3 �Ntl;st the Construction_Prrlc�cairog�c.tly'1iyp11 nt��d azt�. re„p�irtay tl..&r�..t31,c �1.rcdlit��t and Owner,.. The Owne shall plly te�,tht; ConstructioilMata Vii° the anacsutltw�tlapi a ccl,,lt �s t�darliaa,l�dat clip dlp ctable,.urtless there is disg)alalbout,tlic «tniount of the compensation due the Construction ,IM Ali<IM in which cast. the Owner shall 11gLI e lantlisputcm,lmaarq)aaunt.ww 'rile date on,,,,tiv#airkt pia n•a� ent is glade s'h 111 be known qs thc_' PtyilientmDate". § 7,1.4 With each Application for Paynleant !'u-nient, 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 cash disbursements 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, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract l' ocanlaaantsr ¢ smuzpta xt4t,and shall be.min�tlwluriwry�t pioyphi' lay the Owner,mmd�lchitect an(]Clonst�ruction lV'fl,«an tg�tr,rThe schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Archttoa;,-Areliitee, t 91 Owner, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. PAGE 13 A Take 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 schedule of values. Pending final determination of cost to the Owner of m changes in the Work, amounts not in dispute shall be _.. 20l7; included as provided Seaton 7.3.9 of AIA Document A-2012;'I1C3�AIl'l „ .3 Add the Construction Manager's Fee, less retainage of Zero percent ( 0 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of Zero percent (0 %) from that portion of the Work that the Construction Manager self -performs; Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 T CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIAe 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) 7 gA1rm(-J "Tnruml, if nnxr feer urhic-h thr Arrehit�rt hne i itkkl ,Id rar naallif pd n C'PrtifirnfP tier Pnerrnpni ne provided in Section 9.5 of ALA Document A -2 •l- (A)?-. "t20i,-2017. 7§ 1.. Notw thstandine anvihinv cc�nudned within the Contract Documents to the tM, t!wc,Construction l f—g_ pay! taa.nt fa t. aq y," ik.I�crtiaarnrc,ci unless tilt; Owner shall.1 ave received, M gwaaa a.I° shall not be entritledto �n , _ ii o ° ra a 1a r, ll__ �. _._.... _ atta,� � iimov,lvtl tl'ac liill�rwiai ; t iit9+tltlaic,a� ct.ttt9sa„;ilta.s ll Paa mret�cal,tmairl�tl l'+l^fti�•ili2rr�cc 13t>ntais for tlie 'aiik_ttl, b a:, tit dartnl tl ;tna iiiag)opri ttt aITffidayits and lien waivers mllorra_the Construction '1,anag-cr. subcontractors kind �ur�pl terll:. PAGE 14 7,1.12 Construction Manager's Application for Pa inetn shall be submitted in the form of AIA Documents G702 and G703 or such other formasthe Architect and (�aw�i gcj rrmlitlymapprl)ve. §I&J3 The signature o the Construction Mangg r on a[ly , I)111L ition for Payment constitutes the Construction Mana�gef s certification to the Owner that fi) the Construction Manager's serviceslistedan __,the Application fnr Payment haya rITogressed to the level indic_lte d arid have been perfiort^nC.Li aasrc��iirod.,b WtNn� Agt ruent and (lie Contract DcictirTtcrlt ��i�) tht,C,ilrtpstrnitl9Tlt MalT;lgx l h is gaud ats__;rlubcontracto subconsultantsITand �rpWl;z(rs their Proportional share otmmiallmptayt9Las yincilts received Trona tht,_Owne �ratc:%..�aba).tll atzicrucsg ragjie§t!;cj.)s.c,u!rrt,anlly and talwr�Ilf�ly, a7rta� ttrtcl aawilagm § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Maria er-amage_r.in „tgtitar, with tac�.l_l9anris 1.ocil_Governmenta....'.r.ot1,1 mM' ttett la,ct, .when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document2rte1 2007, A201--•20'9 7 and to satisfy other requirements, if any, which extend beyond final payment; .3 a Final Certificate for Payment has been issued l3 tl&a Ar'ltat{ 4..h thy. Archilcc�t aratl_ai rcava.d b the y y Y_ _ P .. ..... Qwwirer; t.n(.I l"lir��varer"�-faaaa�l•payr�ttont-tktc�-C�i�aatstraaartiaatt..M<anaagea°--slti�ll-C-nitarlc-aro lutear.�tlsra."tt�layar•af%of!�tltc-isstitatas-ol"tiler Arultitt�t-"w lftaal_Ca�t�f�Itat�*-f�af�-l�itya�iesrtl.,...aar aafilleaw�t�: A (tic Construction Mana ci has satisfied all of the conditions of F, tial kinL7rct,l(,_inc�t�t�in ag syit1tont �iTT,litation,_filllillincnt of allEgquirernen is of :Section 9.10 of A201-2017 § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, 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 Section 9.5.1 of the AIA Document A'r� . A201-2017. The time 1-2017. periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document ^': A,20_,.,.,,,.,__.,, The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be 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 Section 15.2 of A01-2.00: ro,;201;;,, 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 Additions and Deletions Report for AIA Document A133T'" — 2009 (formerly A121 T'"CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) 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. PAGE 15 7.3 OWNERS RIGHT OF NON-PAYMENT §7.3.1 AnyIaroyl_sion hereof to the Contrary notwithstanding,, Owner shall not be oblinaitcd ftc) make anv full tatter to Construction Manager if an one ormore_of the following conditions exists: I ConstructioLi Pvlattl c rlla taaati ictq s is/ire inrdefaault o of its/their cabll•gattt ns uaiaclet' this Agreement or otherwise is/are in defaultwunder any of the..Contract Documents,, .2.2 \ny ,irt of such Iaaa meals attributable tomservices mmor Work that is detective car is trot performcsd ill accordance with the Contract i ocalnn l)l pttrvlc t r , patawevc r, sttt~h._rl iysrilent shall be 111 adc as to the part thereof attributable to services_ or Work that is rendered fcl tar peryamlormed in accordance with the Contract Documents and is not defective. .3 Construction Main wcr has Railed to mak( titnely iaayan rlts c ua µ cacl (L to ctrl mlar tr4t� )rs.gr for material or labor used in the renaleof as=mvtf e tit pfritalttti<Itice of Work for which Ownerhasmade, pant to Construction Manaap; r, For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201 2007.A201-2017. (State bonding requirements, if any, and limits of liability for insurance required iia Aa=tTt lc l '1a1rl'A Dcaanti nt A404 -2 -047 -)in Article I I of la"i Document A201-2017. The Construction Maer shall m_ de _skibcontractors, „ einsureds _w ,er its policies or shall famish na rnclu, _ allas unde .� s carate certificates and endorsements liar each subconttr�acto7 ,ill cover a�c smmfor sLttycLontracta�os s 'Ill lac ,�trbpnc t„tt�,a,�Q• c uiretnents set forth here Document A201 2017. Limits of such insurance shall be c)l"tlaa rc I rr1 tiiid in Article 11 of AIA Do _ c _„ ., . ....... . asfollows. 8.1 COMMERCIAL GENERAL LIABILITY' Commercial General with limit,,; ofnot less tl atrlw?,lf fl OR7 .Icer occuraretnce for bodiU injury, personal inju amens I)nolret°lir ci mrr'agc ld shilp.ay anal, t aailwrls)lraaeac ,(fln DiO . Coverages must include the following: All premises an i t i at can „w prot�ta�tsPe�rai l(tetl� +nla�.Lati ns ,pptaration of insured„ delcnse, and contractual liability (with no limitation endor,gnuxlt�t fat (iwaaer ast�l_llao 4tchwat�ct and ,their respective officers, aggrit:s, consultants and enuilo ecs shall be named as..additronal in d" ort ampairlina;,ry,, nonmoontribittorylr�ist lbraa ylsLbfity.ax°i trigcaratc)t aai et�strlti.wrg icyir?_t11r pcdlcarai,rarice.r)fthe Wcark Ilrsaviclecltliatariy ,...,. such mclailin,rl�a�in.a rc.�_Igasscnr l a al n s_atti attributable to beadily injni_ry, sicker s b ciast �a�c car hearth of itiltar tool, destruction of tuti Llje prgpe�atyw„ tltlacr )limn t@ie I'a;olti t i self, 8.2 AUTOMOBILE LIABILITY When any motor vehicles (owned, non -.owned and hired are used in connection with Work to be, performed, the Construction ManYgc,s triiistptgrialc Automobile .Liability 1presalr tncc want&a. liiiitc.s of not buss tinala � (lfJ0,U00.Of1 combined single limit andii � �re��a�tat( faaa lacaciil i.n".t��c4 )prmtty-11111 e. The Owner shall benamed as an 'additional insured haltalnamarri:�ty ��catt-coniributory..la�s.i:s. 8.3 WORKERS COMPENSATION Workers „Compensation atstatutory limits and Emplo.rs Liability with a policy limit of not less than „five hundred thousand X00,0001 pe raccident, 8.4 PROFESSIONAL LIABIITY When any architects, engineers, or other professional consultants perform -work in connection with the , -Agreement, Professional Liability lit, itiact4icsvoq t! qac,ts�e,a°rous�aa°_s_Inllssrc�aas inga�m,;Nnf iilamtained with limits ofnotless, than 001 Coverage truest include contractual l;i ability;._.. r"hci��ofici�s•W3rera'llewed or tclpITl at�t cl,,.tllir�ao9 c . retroactive date must coincide -will or I?.7caoa a d,. st art cal work on. the �gre;ctiaeapti. A� clatortt tari¢lt..palli�_ fiich is aacrt renewed or replaced must have an ext ended_ reportingperrod._oftwc (2years,,,, §8.5 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY Additions and Deletions Report for AIA Document A133TM — 2009 former) Al2 an Institute Report T (formerly 1'"'CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute or Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale, User Notes: (1164732771) An Owner's and Contractor's Protective Liability p°olicy ga gnating flip -Owner must be provided with limits not less tNaa Iw rtttllion combined sin le lin'a)l 11cr.oa aLrrrenc _fi:�.l_Icl �wmmmtbrsu g rtaa,,t had hsear,9,sly,latgarries to or death f a,ll ers�on;s '6.6 PROPERTY INSURANCE R[gpKgy Insurance wl ittern on t builder's risk , a.I ri i. " piaari Bua v...,hatl% b rairrch°asr rt aaad naarontaaared rasdarrsmvitied by..tltc Construction mManager as part of the Iteairiklursab,l;e General Conditions...... §8.7 EVIDENCE OF INSURANCE 6.7.1 The Construction I' ariaggr must 1mt,aanoITsh the Owner kith oriaival Certificates of Insurance to be in force beforg work bu curs the Renewal f"crtr`bcatcs of°Irtsuaripru x c7rmsuch Lw l 9 ar evidelic_i 'the coverages have an expiration or renewal (late of a-irrrM1urrngthe term of this J�giccrra�tat_ d lle Q0lIStrUCfl0I1 M3,114ger:.�aausa s,�.ibtxrit evidence of .Insurance to the Owner before, work .11t gtp.s "l"tlae r ecript_ al aiay �a ltif is ita..eli�a� aaart t.alca,tl°ta�ta �gdtaa gi a'at.,h the Owner that the insurance rec a rgrilt ar4swaai tlraryreearleilt llavc_lae alirli,y,.niet or,.tli at tl�ivw..ansur<anc lacl�tcai s indictedon the ' l g.°_ t _.._T failure .° m.. he Own certificates or other ger tificate care in oill �iancc wrrd0l ill mJ1 recralt nt..rec irrrcl aunts. The failure of the Owner to mobtam,,,ww insurance evidence From Construction 1! nait_a ares ± r �ty_tlae (_7_ aa�i ofir_rry reclaairtra� J?ts �cir the � onsttucttion Maqj,Ligcr to obtain and nattzt;rity the Ili tic dWi aa,e er ages. I hic_I.LLonstiaicrron_laa^laaro rr;r r erirast add rsrm all icaszlaa rs of d,Fca: gieen7e,rztplovisiotiws re�ardiiig insuraatic� l' on°pa,onforniirrg uxstrt,aitee c]oes, not.refieve_Construption �%aa�iagrl cr9°t�3c, obliLati°on to provide insurance ass. colired herciII< �9aapt ltadldlftlr� nt tai tNti,t tristgi_aaaa � �crat itwaarr5.lrrway cgn. titutc a violation of the Arg =q!lt and.,t c„ Owner rota ins tiac...r°ighit to sticala c�°rCc tutrtrl larqjac g evidence e ariminsairrrrtewrs provided, or the Agreement iM be terminated. §6 7_ w Ocrt�l ice es of Iilsatz'aat�ec will ltowmthewwOwnerwWand Architect. and their 1°e.s jectiv.L c�fthetw % i ptus, s rilloyce;s and consultants wwaswwadditional insureds on tliiae Co ILiiliilitywPr_d 8.7,3 Pro efl and Clwn r s Liability Insurance shall be obtained �y he Ownier afterWOwner's occupancy of the gara e commences. aeoPirisurameor and I.- mit of-Liabilit gar -Bon, f-Attiount-i,$0: [ PAGE 16 § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of 4--- 1)7— flaawa vor„ far Cwdwaaaaws°ora ialg lion rrr r lath:rg;, tca ilr�taa'krr°reds at t�aiia er -1'r gnat rroticrn l lra wor�riao,„ rici let i=ai�u l„ry tb a.initial I)c��awacrai Malacr shall l�r� a°a uirod��rndltitara fir+ oetic rat tt+tti dt it an oat= laitialirrg tslaattc rt sarltitioti—aarltl Beak), n- ,: of:.this-Agrelaaiw*tm shA -n t apply - A201 -2017. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document ? 1- •2(” •'r12t11 '20l?,_the method of binding dispute resolution shall be as follows: [ ] Arbitration pursuant to Section 15.4 of AIA Document ^'z ��0120orA201-2017 [ X ] Litigation in a court of competent jurisdiction ♦ 'llTc Architect will serve as the 'initial Decision Maker pursuant to Section eCtiOn 15.E Gc rAViTtDocument A2011 mo200-77 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. None Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 T CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 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 document was produced by AIA software at 16:49:29 ET on 11 /07/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) O:4--T"nation-,Prior,to-Establishment4f,-the,GuaranteedMaximum,Pf,,iGe §44,14..1 aacrr tit t@tc� r ertt crrr t@ray nent...tie 13ar rl r trot��a�ttnirt�tte t@ria A feenient•upon trot-lr t4atttt r t tt da a rattr?tt art+tit t tNr r ;<tr � tt t titata t*rttr, cr tett-tNaft 43 ri r cottw� ttiertce ata@-°•itiout-�tttttr.t-tlre-�tttt�tructictta,..larttt��ar-rtyr--trttttttrtto•t@1d�-A-r+e��rrtof►t:r uNlcttt--ttt>t-Ncts�lttr't-sr�r1-ci«rye'. 144en-Holi,ee ttt...the-tutor-, 1-w-Ae,ivasons w4ftAh itt rr*c1ion 4r1I N•o A-2()@_2i#4;P- 0,1. 4n- the vvem-o f'te rm motion-op-t@tip Aft orttearat: pritsatrtttt to, SeCA ion @@1,1-1; t@ra�..t"onstt rtc titrll 6 tttta ttt slr,:lp @art a tpta ttr@tl tttttl tas tltct I @ t sttastt°u+ ti trt &tltrtsu war vio,es Nteri , rrt tit@ Itriftr tct r° cat@tt of ttt>tit o at1 tertttiattttit tt @tr-net ewaa*nt•sltal4 tlta;-��ortstf�rte,°�tiort N4I:ttrr;ar�eTMr s.�:or'tt,�tt;�t4i�rrt-ttrt+�er t@",is-��,c�a,tietrt..c�ce+sc@ ttrt.•�ctrtt@terl�;rtaiotr-yet �@rt@t ir�,et*titttt. '40.1:11`tlteww/rtes t+rtttittrtts tNt'etntfeacttttrsarrtrtt te..es tistft-141. @@..art°t, t° t@ro cetrtartretrar etrtortt& t@tf;ettastteti«tt Miase-1-trrt-pr4or-tet Arttendnient,;_the.ownet!- hal.@. pay -to ...the 4M'onmruct"i7W, 'et er-art etaneattttt eaN a@tttoe@ its 11aNlow s; NaAc@t � reals rtttt sNtrtNl @tet in rtd Nit+spat to erny r art tltert ttticrtklteti;l tet-t1t�*-�.�:ltrt�tc�:tetotrattettradet� e�+:atie�rr 1fA� @-2 .°�'----=1"r�co-tNttr-ost•�t4'�t1te "G'e�r�k-it�eett=ret,@ kay� t:ttt:arra:str=�rer�tiatr�,,@vlr�rtrel;er:..ter-t�N1t"�.�l�te�t@..tet�r�lt-trtQicatr..� ..,vA+pct-tlte-4T,"+wtnstt�tretifatt-lanrsef'�-1rerrttltttte�l-taport t11e-4;"ett,t•er&..tR-'4��rr tertl'ro•�r'Irtte�cal=torn�trrrrtie�rt.srt the rate Mtated ltt c tietst : @ e r at"tha :ctrtr ttttatie,tct l @trtrta e a r� Fee is-stale;,d s -at filXef-sufflrin•tIla t eticttt tett rttttottttt that-bs«rr th tttt rrat et tct tltttt;.@�are^c@ srtttt zrs-the-(A)st,,ofthe Mwk-att4@1e-6At;e-et4 te�t�tratatiettt�ro•rt-rertttorarrla@N+a-r~stirttftto-et1 tkte'..@�rcttarrbNe...4.�tst-ol"-t1ra fard�-upetn,•�itrt-c�c�nata@�tteatte..atlte@' he; Owftetm.@'H, C,oatsttWAJOn.@aur a;. serVic-es ''8te�fter�sbltl@'�rf1:�t�pttt�-t1re�"oftstr-uct-fort-N'�l�trrrr,et Chia•_ccrtt�petts�rtloft;..e*ttaterl ptfr°eNtff•eat•-rentrtFtrt t1t�-e4eet�ott�et t1aeY w tier or arty ectuiprtteftt awataeet 1a .tlte rartbtwereticata ilarta�f w�•@tieN't tNte Cor newt clef s to-rotertt •and-w4lich is -frau tat@rerwvi�at-irtctluder4-it1t�•i-stat'-tlto-'rrWiat"-tfrtalefkr.ti"rtf�@tl:@.:�.�1. Neo..t@te-e�tr�ttt-tlaat-t1te��riel:..e@ee�tet�tttNce-@e�4 t*stfifaftteat-otbeatfttt�tets ftftd-•tttfrelra»ae.,ctrcieritlenitt+lifts„�+ontef9-ttree�r�f"tertt}, the -C- t�tast�tre�tit~ttt-@'w�ftrttte+-�sitztl.C.n us..rf, coneCltrrt-�tr�ooitt��t@te-payt�fttwrew4"�r°rt�t to-itt tNti:amA�t�trele� 1t1�-��xaTMcatte.ffttet-eleliarer aClsttraNtmm@axtlaefs�tnel',.talftwLLtrl@-stfla trtep:��lrteirtc�litw��tJtft-le�trl-tt;;ttft�sttt t>�-�rra�lf�;tr@rcottt�,ttt-parte@ <ttlter er�tttttrttf.ttraN riE,@tts cal"tNte��nstruf,tteatt Ctttla4�..fts Chet wt rrttrfyreettrfff lct�laeputpease�ttt"tteCNy-ve�ttrt in -floe 4 wwnctt t@te,rrdlrt&-fttt~@@ trc tr.cast@red>canwtrt tietft 3fttt�r-ttneletteltttlr�rtta-frctstnar=lttfrvltre•ttf�lertf.-AN@•��ubee�ttttrttets, @ttrrclaerse-rrrder.rrtttt rotor}@.rtrttteftts-eatte�•d lsrto 1t f ofr trtzoti trt ftrtf or i41 cctnta n pt -ovinia frs a@@o+v-Ntt @err arrest ttrttettrt ut the.CAviter=�de; ritae"&tove4 1,:C"t@teLLt'�vrr-aetleptt��rirant�wttt��ca@"-str�tttr-xte�t..@tttreylttt;t+��-crrelc�°s-err-fort trrl-rtt�eeftx� ntf•ass.e@w:tscr�t�eel-atttbow/e�;�t@te��v;�ftor wvi4l t°eitttlluft;tt=�tneletayraa�iC�y-t1to”oft�tr�rrtioft�latt�tat�:.,1'�wr-alNasts �tfis�ir°1 trlaeler:...ttte-stflia�cartto-�rtct-pttro@t-ase cae�&er. refttatd raetttettt-i tlrosecost, -have-been t*ttolt@re or +ptN .ter�ttrafct-@t�ra1trentbeast teTttfit�arrttffaa. @t"-the�tr�lltoetses..t�t tewt-rtetee@1t tfwsit;turaent ca@ �ttay..w;•tr@ae�rtttttoe,t-,.pr:free#1rts��-e3rder�rr�l°ental-ttree,nfefrt~•tlttrt wvould-4trave-�ortstitttt+ad-a-+tet-n=tNaeA�etflltrtel tlattra-frree~ntertt,-r",ot-@r�n�tet�tttnrtteeYr t@te 4�"onstr�uet,ie>n•�vltut,rter•w�.CN,. tertttNftatt+a tote.t�tteatrttt��rct�tutattso�trder�rat=�rerttak„revtttcnt-artdmt@t 4�ttet vriN,@-Maty-tlt tastr�.est1<tn•anaer.t.@te; cast:;-ttec�atr-i�ly-ittctfr-rid-try-tlt�-rtttt tttttie�trt"-9'ttrtuor=tl�etwatfe• fa! �,t.le@t..trwt-nti+tatt,ses:t: Following-eeraecut o lttfttatatteed l @a lnktfrttwltr=see lfttewltetrtterfat ttrt @ u@ e t tct t}te provis oats o,f&etion 441.2:1,. trawel-1(1,2 kta the I"'la Contract may be terminated as provided in Article 14 of AIA Document A"z 0 A201-2017. 0 . 4T-1 te•44w net (reuwantet cl twlttarretaftafw stria ...sl;ttrorfe@rttera4; alto rrrrwc atrt pfryrtN N aO tltrt oattxtattctieaa A ataaag er pttrwurtrtt to-=Se+etions 1,4%-?,- and -84.4-oN A 04 .24107-shalN not exeeed-the attttttttttt:lret counts°treticatt, tang e wvottNcl aatlrer +;e Brava r a ived N>ursttatat tat eettean� .441.2 an,6 14-@.-'4411is App eenient: 1 l tlt� t trtae0aart vi a*apeater-f tittttt :: t@te .:owi-rte t-af(et...ettaecotir t 1l 44le-(-4Ua r'antee'd- la*irrttfrta-pri Atttertdrtteot, tlrsa-�arxteaartrt��tayrr�N�w ttr�tN"ra:�-4�'�rrnwtrtaa�;tiort�d'w�a$n,at;er..trrw11Jer laee�iarrt 1�'4. @..'4 <t@`A241-1-2}.107-a@rrt44-tts�tl tt���1 ., iva�eN•tsrat4drr-�w„a�rtf ,. ,*m Ct, that tltaa (;"tlatstrrrsttroan r rn+r sloe slta4l lot etdarted-a ifttre�wWrarNa prrr<l 4tcelt rtt Nd l 2 �tftc@ 141.1 trbt efauee t -ertaurtt t t o � a�N4y contlsateal-lry..te--�+rtrtretle�at 4w'&rtt°ree*t-.tctrl+�ifa••a� trecesrtafr�+�rr-raya<w;aartable er,4•itttatte•oi" thaw -f ratt..e4' t&te. �?4+art k farr�..�Utrr4r..-rttrr ,retarrfl Ny octntpNe*ttwtl. Additions and Deletions Report for AIA Document Al 3311 — 2009 (formerly A121-CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No. 7021810420 which expires on 10/28/2020, and is not for resale, User Notes: (1164732771) The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 rA2µ01µ-2017w_In such ihz Ma .. chill hA QPrtinn 1 d Z 7 of ATA Document A-2 6--2 07� A20 & 2"0']:Z,_except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. PAGE 17 § 11.1 Terms in this Agreement shall have the same meaning as those in A201 2007.A20.11-2017. Section 1.5 ofAter A201-2017 shall apply to both the Preconstruction and Construction Phases. Section 13.1 of A404 -240-7-A201-2017 shall apply to both the Preconstruction and Construction Phases. The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of 20."�I1()m7,7 2(.)1,,;,-„201,",,,,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 O>1 t- tr' ompliance with laws Construction on lvian agt r_sli 111 c) IL)I,y with all applicable federal, s,„t ¢i ,IT trttmlr zmm�r! lca m tfm�ay s arrod refulations including, but not limited to. such law and oegulatica¢r re illg ick inininium wakes to be aid to eon, loyces, limitations nppn the grrtploymcT t o Inir o n:,,.n1_illimturn £"air wage standards For tninci rS,p aynient of wages due employees, and ltcaltlt and salkty of ennllloyces. Both parties agree to comply, and assist one another in complvine with all annlieabl 1 cci,trcl, ,, <tta.�tl�r1 Iaat:<tl C aly „lllfl_a gtllqrra�ls tit !carr it3g out their t°esl�at�t;ave ofl�Ilgrlactals �slil�ler-llatn�, ,�vtMll�rlt 11,6 GDwerna ent Certifications,, The Construction Maw�%xgrLEggs, rellt•e.sents and ceatulie�: PAGE 18 a1._ Is not barred from contractin tth loft ,.unit of state or local gowt rfri rift as a result of vice—Im atg Section 33E-3�orw33E-4 oftheCriminal,Code19 C1._1ml 4 , 3/3 ;1 r±rltl„ 33E -4) b. Shall comply vtllT tll•c,S19)JTQisD 4wre Work Place Act Q0 11µt S 5�f111 gt.�.r.�•j-. ........Sh,all comply wftllwtNl.�_1 qrlaU_ti)p rrlrtuaai,1cruse o the lHillois Ilum an, ll,t lkt 71 AC'S 5/1-1011 et scuff and the Rules it LjLtLcrrts cal the Illinois I�cla�rtaaaa)wtwoflltanj t. 1�,ig131�,, al. Shall coanl ly. wilhwthe Americans s with Disabilities Act and Article 2 of The Illinois 1lnl.l,tTian ,lti kT�s qf77 II C ` 5/2 101-..ct se l: o ...__ Has ..................... trlm�s sexual ha assm titdlolic5.Jn,plact an latiB a oartaal;i �aacc a rtll..7 � 5 II. G S 5�2 1C1 s.0 .11 .:. ..Ismn t, cli ltncalat clh 11l„floe ar ectt f an, jax ac.dministeredly thc.11llnois d )c t,,rtxllcnt o, 1 c,v,cn i_c.tior lsclr lraaeltfa rat ita.tl?f. da3.111q of ttny� 1laalua-!y,owe l to,the Vill l"oeu men (-,+'t; 20.1..... 2007; .2Guaranteed Maximum Price Addendum and schedule for Work. 3�. 1A Document mA201 20.1m7;,,General Conditions of the Contract for Construction as modified for this I'tlelyec:t . . .4 AIA Document E201T^4-2007, Digital Data Protocol Exhibit, if completed, or the following: None Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Archite0s. All rights reserved„ WARNING: This AIM Document is protected by U.S. Copyright Law and Interoatimial Treaties. Unauthorized 18 reproduction or distribution of this ANA® 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No,7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) —.5 AIA Document E202T"4--2008, Building Information Modeling Protocol Exhibit, if completed, or the following: None —.6 Other documents: 4"td�cflas 11. Village Manager 11residerYt laic holi" socia (;s ltic _.. . m m,.,..,,, .,,.. Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 T CMc —2003). Copyright© 1991, 2003 and 2009 by The American Institute or Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 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 document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No. 7021810420 which expires on 1012812020, and is not for resale. User Notes: (1164732771) Certification of Document's Authenticity AIA® Document D401 TM -2003 I, Village of Mount Prospect, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:49:29 ET on 11/07/2019 under Order No. 7021810420 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TM —2009, 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 published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Dated) AIA Document D401 TM — 2003. Copyright © 1992 and 2003 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:49:29 ET on 11/07/2019 under Order No,7021810420 which expires on 10/28/2020, and is not for resale. User Notes: (1164732771) IL Document Al33'm— 2009 Exhibit Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Village of Mount Prospect Maple Street Municipal Parking Deck THE OWNER: (Name, legal status and address) Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 THE CONSTRUCTION MANAGER: (Name,_ legal status and address) Nicholas & Associates, Inc. 1001 Feehanville Drive Mount Prospect, IL 60056 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Six million, eight hundred seventy-nine thousand, five hundred and sixty-nine dollars ($ 6,879,569.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment.) See Exhibit B Attached § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) None ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, 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. AIA Document A133W — 2009 Exhibit A. Copyright C 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init 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 document was 1 produced by AIA software at 17:03:37 ET on 12130/2019 under Order No.7021810420 which expires on 10/28/2020, and is not for resale, User Notes: (1681224047) § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (]dent fy allowance and state exclusions, if any, from the allowance price,) Item Price ($0.00) None § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: No additional assumptions § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: None Document Title Date Pages § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) See §A1.1.8 below. Section Title Date Pages § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings:-2 (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) 3)6G6MW 4 23 . -01 I Village of Mount Prospect Maple Street Parking Deck Final Plans, dated and prepared by Walker Consultants, 2895 Greenspoint Parkway, Suite 600, Hoffman Estates, IL 60169 Number Title Date § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) No additional documents ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: July 30, 2020 WJ. pit OWNER (S�....-..___..e) Michael Cassady .. Vi11t�asm! �tf g l . village ref hJ° ount pi .! act (Printed name ctnd title) Nick Papanicholas, Jr. President Nicholas & Associates Inc_ (Printed name and title) AIA Document A133TIl —2009 Exhibit A. Copyright® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document Is protected by U.S. Copyright Law and Internatlonal Treatles. 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 document was 1 produced by AIA software at 17:03:37 ET on 12/30/2019 under Order No,7021610420 which expires on 1012512020, and is not for resale, UserNotes: (1661224047) Additions and Deletions Report for AIA° Document A133Tm — 2009 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text Is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and Is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:03:37 ET on 12/30/2019. PAGE 1 Village of N19, w Prospect WPle Street N4unicilittl Parkin -Deck Vi la ,e L1fk ae 5Q Sottth Fmer n Street '' otlnt pj'";pccl ll 0 0 Nicholas Asst:?ei c OO Feehanvill Dsive "sri iotaittt 11 )s cct. J- faMo% § A.1.1,1 The Contract Sum is guaranteed by the Construction Manager not to exceed Six million eight hundred sevent°r-nirtc thott att iv undredand siat -rtw 1 l'ar- ($ M2,26 -9-,Q-0), subject to additions and deductions by Change Order as provided in the Contract Documents. cc Exhibit B Atl ched None PAGE 2 None No ndditiolial assuinj tit�ttts. § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: None aA�I.1..6_ blow. Additions and Deletions Report for AIA Document A133111-2009 Exhibit A. Copyrlghtm 1991, 2003 and 2009 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 AIAO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 17:03:37 ET on 12/30/2019 under Order No.7021610420 which expires on 10/28/2020, and is not for resale. User Notes: (1601224047) ��alkitF?�p—gP acE),Yte Walker C,onspants,(—;r cn;; Milit 1111rk: a tCqC p Hoffittrrtlt Estate-sAl 10109 No add°Itlonal documents July 30, 2020 Ma Jchaelas ady Nick Pa atulirl�i:a fir, Winn Manager, 'Ila a rag" Mount Pros ed _Presidersl, M02121 & 6ssocinl lltc. Additions and Deletions Report for AIA Document A13311-2009 Exhibit A. Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved, WARNING: This AIAm Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or 2 distribution of this AIA1° 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 document was produced by AIA software at 17:03:37 ET on 12/30/2019 under Order No_7021810420 which expires on 10/28/2020, and Is not for resale. User Notes: (1681224047) Certification of Document's Authenticity AIA® Document D401 TM -2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:03:37 ET on 12/30/2019 under Order No. 7021810420 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TM — 2009 Exhibit A, Guaranteed Maximum Price Amendment, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) a (T1 1e) 1-2 ?12,6z—b (Dated) AIA Document D401 m — 2003. Copyright 0 1992 and 2003 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:37 ET on 12/30/2019 under Order No.7029810420 which expires on 10/26/2020, and is not for resale, User Notes: (1661224047) /JYDiolcu ment A20 1"" - 20 17 General Conditions of the Contract for Construction AIA Document A201 m —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be t prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) ADDITIONS AND DELETIONS: The author of this document has for the following PROJECT: added information needed for its (Name and location or address) completion. The author may also have revised the text of the original Village of Mount Prospect Maple Street Municipal Parking Deck AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the THE OWNER: standard form text is available from (Name, legal status and address) the author and should be reviewed. A vertical line in the left margin of this Village of Mount Prospect document indicates where the author 50 South Emerson Street has added necessary information Mount Prospect, IL 60056 and where the author has added to or deleted from the original AIA text. THE ARCHITECT: This document has important legal (Name, legal status and address) consequences. Consultation with an attorney is encouraged with respect Walker Consultants to its completion or modification. 2895 Greenspoint Parkway, #600 Hoffman Estates, II. 60010 For guidance in modifying this document to include supplementary TABLE OF ARTICLES conditions, see AIA Document A503Tm, Guide for Supplementary 1 GENERAL PROVISIONS Conditions. 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 AIA Document A201 m —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be t prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201 TM —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The In1L 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 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 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 Dei;nitions 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 A201111-2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 19580 1961 1963, 1968, 1970, 1976„ 1987, 1997, 2007 and 2,017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.6. Copyright Law and Intarnational Treaties, Unauthorized reproduction or distribution of this AIA'x Uocomwit, or any portion of it, may result In severe civil and criminal ponattles, and will be J prosecuted to the rnaxi'mum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10128/2020, and is not for resale. User Notes: (829579634) 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 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 AIA Document A201 TM —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 4 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 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 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 AIA Document A2011 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 5 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 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 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 99.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 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 AIA DocumentA201T —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 6 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 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 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, 5.2.49 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 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 AIA Document A201' —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 7 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 document was produced by AIA software at 16:28:46 ET on 11/0712019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 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 93.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9. 10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 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 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 AIA Document A201 T — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 8 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No 3958425413 which expires on 10/28/2020, and is not for resale,. User Notes: (829579634) 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 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 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, 14.3.1 AIA Document A201TM —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init 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 be i prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale, User Notes: (829579634) 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. Figured dimensions shall be followed in preference to measurements by scale. All dimensions shall be checked against field measurements of existing conditions to be taken by the Contractor. § 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. § 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. § 1.1.9 Construction Manager at Risk The term Contractor as used herein shall refer to the Construction Manager at Risk. § 1.1.10 Product ...... _......._ AIA Document A201 m —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 10 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) The term "product" as used in the Contract Documents includes materials, systems and equipment. § 1.1.11 Provide Where the word "provide" appears, it shall be taken and interpreted to mean "The Contractor shall furnish all labor, material, equipment and accessory appurtenances or materials necessary to install and complete the construction of the Proj ect. § 1.1.12 Site Site refers to that portion of the property on which the Work is to be performed or which has been otherwise set aside for use by the Contractor. § 1.1.13 Punchlist Punch List means, collectively, unfinished items of the construction of the Project, which unfinished items of construction are minor or insubstantial details of construction, mechanical adjustment or decoration remaining to be performed, the non -completion of which would not materially affect the use of the Project, and which are capable of being completed within thirty (30) days of Substantial Completion, subject to the availability of special order parts and materials. § 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. § 1.2.1.2 Where conflicts exist within or between parts of the Contract Documents, or between the Contract Documents and applicable standards, codes and ordinances, the Contractor shall seek a clarification in writing from the Architect. In the event that the Architect does not respond within fourteen (14) days, the more stringent or higher quality or greater quantity requirements shall apply. If the Contractor fails to make such a request, it is presumed that the more stringent or higher quality or greater quantity requirements shall apply. The Contractor shall perform the Work at no additional cost to the Owner in accordance with the Architect's determination. § 1.2.1.3 Large-scale drawings take precedence over small-scale drawings, figured dimensions over scaled dimensions and noted materials over graphic representations. Words in singular shall include a plural whenever applicable, or the context so indicates. § 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. § 1.2.3.1 In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the following priorities: 1) The Agreement AIA A133, 2) Any addenda, with those of later date having precedence over those of earlier date, 3) These General Conditions of the Contract for Construction, 4) Drawings and Specifications. AIA Document A201 TM —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init American Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected by U.S. Copyright Law and International Treaties. 11 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 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. The descriptive headings of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any provisions following them. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect's consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other 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 E203Tm-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. AIA Document A201 TM — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 12 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) (Paragraphs deleted) § 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. § 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. The rights stated in Article 2 shall be in addition to and not in limitation of any other rights of the Owner granted in the Contract Documents or at law or equity. 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 ...... AIA DocumentA201" —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 13 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 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, has reviewed the Contract Documents and correlated personal observations and inspections with requirements of the Contract Documents and has notified the Architect of and obtained clarification of any discrepancies which have become apparent through review of the Contract Documents and personal observations . § 3.21.1 The Contractor shall verify all dimensions given on the Drawings, and to report any error or inconsistency to the Architect before commencing Work. By starting the Work by the Contractor shall indicate the Contractor agreement with all details, construction procedures, and materials so shown and/or specified and shall indicate the Contractor's willingness to construct the Project in strict accordance with the Contract Documents. § 3.2.1.2 If Work is required in a manner that makes it impossible to produce the quality required by the Contract Documents, or should discrepancies appear among the Contract Documents, the Contractor shall request in writing an interpretation from the Architect before proceeding with the Work. The Contractor shall perform the Work at no additional cost to the Owner in accordance with the Architect's determination. § 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. The Contractor shall promptly report to the Architect any errors, omissions, or inconsistencies in the Contract Documents.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 shall verify the accuracy of all grades, elevations, existing conditions, dimensions and locations and shall promptly report to the Owner and the Architect any errors, omissions, or inconsistencies. In all cases of interconnection of the Contractor's Work with existing or other work, the Contractor shall verify at the Site all dimensions relating to such existing or other work. Any errors due to the Contractor's failure to so verify all such grades, elevations, existing conditions, locations or dimensions shall be promptly rectified by him without extra cost to the Owner. Neither the Owner nor the Architect guarantee the exactness of grades, elevations, dimensions, existing conditions or locations given on any drawings issued by the Architect or work installed by other contractors. § 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, unless the Contractor recognized or should have recognized the error, inconsistency, omission, or difference and failed to report it. § 3.2.5 If the Contractor performs any Work involving an apparent error, inconsistency, ambiguity, construction impracticality, omission or code violation in the Contract Documents ofwhich the Contractor is aware, or which could reasonably have been discovered by the review required by Section 3.2, without prompt written notice to the Owner Init. AIA Document A2011 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be d prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No, 3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) and the Architect and request for correction, clarification or additional information, as appropriate, the Contractor does so at its own risk and expense and all claims relating thereafter are specifically waived. § 3.2.6 In no event shall the Architect or Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences, or procedures or for safety precautions and programs in connection with this Work, notwithstanding any of the rights and authority granted the Owner in the Contract Documents. § 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. The Contractor shall review any construction or installation procedure (including those recommended by any product manufacturer). The Contractor shall provide written notice to the Architect: (a) If a specified product deviates from good construction practices. (b) If following the Specifications will affect any warranties. (c) Any objections which the Contractor may have to the Specifications. The responsibilities imposed on the Contractor by this Section shall be in addition to, and not be limited by, any and all other provisions of these Contract Documents. § 3.3.2 The Contractor shall engage workmen who are skilled in performing the Work and all Work shall be performed with care and skill and in a good workmanlike manner under the full-time supervision of the approved superintendent described in Section 3.9.3. The Contractor shall be liable for all property damage including repairs or replacement of the Work and economic losses which proximately result from the breach of this duty. 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. The Contractor shall be responsible for any damages to property or injuries to persons, or to any other harm, caused by the Contractor's employees. AIA Document A201" —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 15 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 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 otherwise required or permitted by the Contract Documents and that the Work will be free from faults and defects and in conformance with the Contract Documents. The warranty will not be affected by the specification of any product or procedure unless the Contractor objects promptly to such product or procedure and advises the Architect of possible substitute products or procedures which will not affect the warranty. This warranty shall not be restricted by the limitations of any manufacturer's warranty. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective in the Owner's sole discretion. Inability or refusal of the Subcontractor or supplier responsible for the defective work to correct such work shall not excuse the Contractor from performing under the warranty.. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor's warranties are not limited by the Contractor's obligations to specifically correct defective or nonconforming Work as provided in Article 12, or are they limited by any other remedies provided in the Contract Documents. The Contractor shall also be liable for any damage to property or persons (including death) including consequential and direct damages relating to any breach of the Contractor's warranty. § 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 Owner is exempted by Section 3 of the Illinois Use Tax Act (Section 3, House Bill 1610, approved July 31, 1961, Illinois Revised Statutes 1967, Chapter 120, Section 439.3) from paying any of the taxes imposed by the Act and sales to Owner are exempt by Section 2, House Bill 1609, approved July 31, 1961, Illinois Revised statutes 1967, Chapter 120, Section 441) from any of the taxes imposed by the Act. The Department of Revenue of the State of Illinois under Rule No. 15, issued August 9, 1961, has declared that sales of materials to construction contractors for conversion into real estate for schools, governmental bodies, agencies and instrumentalities are not taxable retail sales. The Contractor shall be responsible for any sales, consumer, use and similar taxes for the Work. § 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 ofthe 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 damages, losses and expenses 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 AIA Document A201 T1° -2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 1 6 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 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. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Guaranteed Maximum Price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Guaranteed Maximum Price. § 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 be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. The Owner's or Architect's failure to object to a submitted schedule that exceeds time limits current under the Contract Documents shall not relieve the Contractor of its obligations to meet those limits, nor shall it make the Owner or Architect liable for any of the Contractor's damages incurred as a result of increased construction time or not meeting those time limits. Similarly, the Architect's or Owner's failure to object to a AIA Document A201 T —2017. Copyright© 1911, 1915, 1918, 1925, 1937,1951, 1958, 1961, 1963,1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 17 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale User Notes: (829579634) Contractor's schedule showing performance in advance of such time limits shall not create or infer any rights in favor of the Contractor for performance in advance of such time limits. § 3.10.4 At the time of each Application for Payment, the Contractor shall provide to the Owner and the Architect an update on the Project schedule and a written status report, which includes a description of the progress of the Work and if progress is behind schedule, the Contractor's plan to recover the Work to meet the approved Construction Schedule. The report shall also include a summary of the Contractor's meetings with subcontractors. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.11.1 The Contractor shall maintain at the Site one set of record drawings for the Owner and Architect of the as built plans and specifications for concealed work, particularly concealed piping and conduit. Any deviations from conditions shown on the Contract Drawings shall be shown and dimensioned on these record drawings. The Contractor shall develop layout drawings for concealed work that is schematically indicated on Contract Drawings in order to have dimensioned layouts of such concealed work. This requirement does not authorize any deviations without approval of the Architect. § 3.11.1.1 The field information in the record drawings to be so marked shall include at a minimum: (1) Significant deviations of any nature made during construction; (2) Location of underground mechanical and electrical services, utilities, and appurtenances, referenced to permanent surface improvements; and the (3) Location of mechanical and electrical services, utilities, and appurtenances that are concealed in the building, referenced to accessible features of the building. § 3.11.2 The Contractor shall maintain and shall require its subcontractors to maintain at the Site(s) an accurate record of deviations and changes in the Work from the Contract Documents; shall indicate all such deviations and changes on reproducible transparencies of the Contract Documents, and shall turn over to the Architect upon completion of the Work all such record drawings, documents and information, such as final shop drawings and sketches, marked prints and similar data indicating the as -built conditions. Plumbing, HVAC and Electrical Contractors/Subcontractors shall be required to record all changes or deviations in the work from the Contract Documents. The cost of recording and transferring the changes or deviations to the transparencies shall be included in the Guaranteed Maximum Price for the Work. The as -built transparencies shall be delivered by the Contractor to the Architect prior to the final acceptance of the Project and issuance of final payment. § 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 fimitations of Section 4.2.7. Informational submittals upon which the Architect is not _. _...... AIA Document A201 TM — 2017. Copyright © 1911, 1915 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970,1976, 1987, 1997, 2007 and 2017 by The Imt American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 18 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 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. The Contractor must correct at its cost, and without any adjustment in Contract Time, any Work the correction of which is required due to the Contractor's failure to obtain approval of a submittal required to have been obtained prior to proceeding with the Work, including, but not limited to, correction of any conflicts in the Work resulting from such failure. § 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, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3,12.10.1 When professional certification or performance criteria of materials, systems or equipment is required by the Contract Documents, the Contractor shall provide the person or party providing the certification with full information of the relevant performance requirements and on the conditions under which the materials, systems, or equipment will be expected to operate at the Project Site. The certification shall be based on performance under the operating conditions at the Project Site. The Architect shall be entitled to rely on the accuracy and completeness of such certifications. § 3.12.10.2 When 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. AIA Document A201' —2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 19 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order N0.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 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 caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.15.3 All exterior and interior Work shall be cleaned by the Contractor using specific materials as recommended for surfaces to be cleaned. Damage to any surfaces due to improper cleaning methods of materials shall be repaired to the satisfaction of the Architect and Owner, by the Contractor, at no cost to the Owner. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, , including, but not limited to, attorney's fees, 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, intentional or reckless 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 The Contractor agrees to indemnify, defend, save and hold harmless the following indemnitees: The Architect and the Owner, their respective board members, officers, directors, officials, consultants, agents, and employees, individually and collectively, from all claims, demands, actions and the like, of every nature and description, made or instituted, by third parties, arising or alleged to arise out of the work under this Agreement, as a result of any act or omission of either the Contractor or any Subcontractor, or any of their employees or agents. The Contractor and its Subcontractor shall name the Owner, the Architect and their respective board members, officers, officials, directors, agents and employees, individually and collectively, as additional insureds on their commercial AIA DocumentA201TM — 2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 20 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) general liability for claims arising from the operations of the Contractor/Subcontractor, automobile liability and excess/umbrella coverage which insurance shall be primary coverage as respects the additional insureds. The Contractor and Subcontractor/s shall furnish Owner with copies of such policies prior to beginning any Work. § 3.18.3 "Claims, damages, loses and expenses" as these words are used herein shall be construed to include, but not be limited to (1) injury or damage consequent upon the failure of or use or misuse by Contractor, its Subcontractors, agents, servants or employees, of any hoist, rigging, blocking, scaffolding, or any and all other kinds of items of equipment, whether or not the same be owned, furnished or loaned by Owner; (2) all attorneys' fees and costs incurred in defense of the claim or in bringing an action to enforce the provision of this Indemnity or any other indemnity contained in the Contract Documents; and (3) all costs, expenses, lost time, opportunity costs and other similar indirect or incident damages incurred by the party being indemnified or its employees, agents or consultants. § 3.18.4 In the event that the Contractor or its Subcontractors are requested but refuse to honor the indemnity obligations hereunder or to provide a defense, then the party indemnifying shall, in addition to all other obligations, pay the cost of bringing any such action, including attorneys' fees, time expended by the party being indemnified and their employees in the defense of any litigation covered by this indemnity provision at their usual rates, including costs and expenses, to the party requesting indemnity. § 3.18.5 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. The Contractor hereby knowingly and intentionally waives the right to assert, under the case of Kotecki v. Cyclops Welding Corp., 146 I11.2nd 155 (1991) that Contractor's liability may be limited to the amount of its statutory liability under the Workers' Compensation Act, and agrees that Contractor's liability to indemnify and defend the Owner and Architect is not limited by the so called "Kotecki Cap". The Contractor shall include this provision in each of its Subcontract agreements and shall require its Subcontractors to be so bound. § 3.18.6 The Contractor shall include in each and every Subcontract with any and all subcontractors and/or material suppliers performing Work and require each and every Subcontractor and/or material supplier performing Work to agree to be bound by all of the provisions 3.18.1 through 3.18.9 under the Contract Documents. §3.18.7 The Contractor's indemnity obligations hereunder shall specifically include all claims and judgments which may be made against the indemnitees under federal or state law or the law of the other governmental bodies having jurisdiction, and further, against claims and judgments arising from violation of public ordinances and requirements of governing authorities due to Contractor's or Contractor's employees method of execution of the Work. § 3.18.8 Only to the extent prohibited by the Construction Contract Indemnification for Negligence Act, 740 ILCS 35/0.01 et seq., the indemnification obligations of the Contractor as set forth herein shall not extend to the liability of the Owner, any Owner's Representative, the Architect, or their agents, consultants, board members, officers, officials, or employees. § 3.18.9 The Contractor shall indemnify and hold harmless the Owner in the event of labor or trade union conflicts or disputes between the Contractor and Subcontractors and their respective employees. The Contractor shall endeavor to adjust and resolve such conflicts and disputes which affect the timely completion of the Work. Such conflicts or disputes shall not be a basis or excuse for the violation of the Contract Documents by the Contractor or its Subcontractors, and shall not provide the Contractor with relief from complying with dates for Substantial Completion or Final Completion. Labor or trade union disputes that affect production or delivery of materials or equipment, or the installation, shall be at no cost to the Owner. The Contractor shall notify the Architect and the Owner in writing as soon as possible as to any labor or trade disputes which may affect the Work and its timely completion. In such event, the Contractor shall provide a written proposal to the Architect and the Owner which includes any comparable substitution(s) necessary to complete the Work. § 3.18.10 None of the foregoing provisions shall deprive the Owner or the Architect of any action, right or remedy otherwise available to them or either of them at law. Init. AIA Document A201TM — 2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 21 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes (829579634) § 3.19 If the Work is to be performed by trade unions, the Contractor shall make all necessary arrangements to reconcile, without delay, damage, or cost to the Architect or the Owner, any conflict between the Contract Documents and any agreements or regulations of any kind at any time in force among members or councils which regulate or distinguish what activities shall not be included in the Work of any particular trade. In case the progress of the Work is affected by any undue delay in furnishing or installing any items or materials or equipment required under the Contract Documents because of the conflict involving any such agreement or regulation, the Architect may require that other material or equipment of equal kind and quality be provided at no additional cost to the Owner. 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 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. The Contractor shall provide to the Architect (1) mechanics lien waivers for itself and each of its Subcontractors for any monies sought for payment, (2) certified payroll statements and documentation as per the Illinois Prevailing Wage Act and (3) sworn statements listing subcontractors and materialmen before issuing Payment Certificates, and if such sworn statement or waivers are not provided, the Architect's Certificates shall be conditioned upon and subject to the receipt of such waivers. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Any Work rejected by the Architect shall be reported promptly to the Owner in writing. Whenever the Architect considers it AIA Document A2011' —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. 22 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No„3958425413 which expires on 10128/2020, and is not for resale. User Notes: (829579634) 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. The Contractor shall make submittals to the Architect in a manner to allow for the Architect's reasonable prompt review and to allow for timely ordering of components of the Work to affect no delay in the Work. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning 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 if reasonably inferable from the Contract Documents as being necessary to produce the intended results. § 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 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 AIA Document A201 TM — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 23 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 document was produced by AIA software at 16:28:46 ET on 11/0712019 under Order No, 3958425413 which expires on 10/28/2020, and is not for resale,, User Notes: (829579634) and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14 -day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. All subcontracts between the Contractor and subcontractors shall be made in writing, shall be assignable to the Owner, and shall contain the following sentence, 'The Owner is an intended third -party beneficiary of this Subcontract.' § 5.2.3 If the Owner or Architect has objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no objection. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes objection to such substitution. § 5.2.5 The Contractor fitrther acknowledges and agrees that after award of the Project to the Contractor, any savings on changes to subcontract or substitute subcontractors will be for the benefit of the Owner and will not be used for the benefit of the Contractor or to increase the Contractor's profit on the Project. The foregoing benefit to the Owner shall include any adjustment in the amount of the price of a subcontract to less than the quoted price of the subcontractor upon which the Contractor's fixed bid price or Contract Sum was based. Further, if a manufacturer or supplier of any machinery or equipment, including, but not limited to, heating and air conditioning units or systems, changes specifications or offers incentives, discounts or lower prices after award of the Contract to the Contractor, those savings will inure to the benefit of the Owner and not the Contractor, subcontractor, manufacturer or supplier. § 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 terns 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. § 5.3.1 The Contractor shall be responsible for its Subcontractors and shall carry insurance which covers the Contractor for liability arising from its Subcontractors and shall ensure that its Subcontractors are carrying insurance to protect the Subcontractors as well as the Owner, Architect and Architect's consultants. § 5.3.2 The Owner and Architect assume no responsibility for overlapping, gaps or omission of parts of the Work by various Contractor in awarding subcontracts. AIA Document A2611" —2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961„ 1963„ 9966. 1970. 1916 1987, 1997 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA1 Document is protected by U.S. Copyright Law and International Treaties, 24 Unauthorized reproduction or distribution of this AIAu Document, or any portion of it, may result in severe civil and criminal penalties, and will be 1 prosecuted to the tnaatimuln extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 wlau tt expires on M28/2626, and is not for resale. User Notes: (829579634) § 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. (Paragreiph deleted) § 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 ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate 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 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, without altering the Agreement with the Contractor. § 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. (Paragraph deleted) § 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. § 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. (Paragraph deleted) AIA Document A201 TM —2017. Copyright© 1911, 1915, 1918,1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 25 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, rna,y result in severe civil and criminal penalties, and wilt be t proseoutfiad to the maximum extent possible under the law. This document was produced by AIA software at 16.28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect in consultation with the Owner. § 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. Notwithstanding anything to the contrary contained within this Document, the Contractor agrees that there shall be no additional charge for Change Orders, Construction Change Directives or minor changes in the Work and that all such changes shall be completed within the Guaranteed Maximum Price provided by the Contractor. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. 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. (Pai-ossa )hs deleted) § 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 Time. AIA Document A2011 —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law anrt International "treaties. 26 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be t prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale, User Notes: (829579634) § 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. (Par a) wlth deleted) § 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. 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. The Contractor shall bear all additional costs incurred to meet the Contract Time, which may require adding additional workers or working overtime, without additional compensation. § 8.2.4 The Contractor must conform to the most recently approved Construction Schedule. The Contractor must complete the indicated Work or achieve the required percentage of completion, as applicable, within any interim completion dates established in the most recently approved Construction Schedule. § 8.2.5 The Contractor must maintain at the Site, available to the Owner and the Architect for their reference during the progress of the Work, a copy of the approved Construction Schedule and any approved revisions thereto. The Contractor must keep current records of and mark on a copy of the approved Construction Schedule the actual commencement date, progress, and completion date of each scheduled activity indicated on the Construction Schedule. § 8.2.6 The Contractor represents that its guaranteed maximum price includes all costs, overhead and profit which may be incurred throughout the Contract Time and the period between Substantial and final Completion. Accordingly, the Contractor may not make any claim for delay damages based in whole or in part on the premise that the Contractor would have completed the Work prior to the expiration of the Contract Time but for any claimed delay. AIA Document A201 T —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 27 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 8.2.7 If the Contractor's progress is not maintained in accordance with the approved Construction Schedule, or the Owner determines that the Contractor is not diligently proceeding with the Work or has evidence reasonably indicating that the Contractor will not be able to conform to the most recently approved Construction Schedule, the Contractor must, promptly and at no additional cost to the Owner, take all measures necessary to accelerate its progress to overcome the delay and ensure that there will be no further delay in the progress of the Work and notify the Owner. § 8.2.8 The Contractor shall reimburse the Owner for all fees or expenses, including without limitation, the Architect, engineers and legal expenses, for additional services necessitated by Contractor's failure to obtain Substantial Completion within the time established in the agreement, for more than two (2) inspections for Substantial Completion, or for more than one (1) final inspection. § 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 The Contractor shall not be entitled to any increase in the Contract Sum as a result of any delays in the progress of the Work. The Contractor's sole remedy for delay shall be an extension of time. § 8.3.4 Notwithstanding other provisions in this Contract, Contractor shall not be entitled to any recovery of damages arising out of any event or delay caused within Contractor's control and/or for "Acts of God", including without limitation adverse weather conditions (which shall include typical rain events that can be reasonably predicted through historical data) which prevents such early completion of the Work. § 8.3.5 Where a delay occurs that is beyond the Contractor's control and when the delay is not reasonably unacceptable, the Contractor has an affirmative duty to mitigate the effect of that delay on the progress of the Work. An extension of the Substantial Completion date will not be granted to the extent that the Contractor breaches said duty to mitigate. § 8.3.6 The stated dates for Substantial Completion and Final Completion of the Work are material inducements to the Owner in entering into the Contract Documents and all time limits stated in the Contract Documents are of the essence of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Guaranteed Maximum Priceas stated in the Agreement is the maximum total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. (Par agr al)h deleted) § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect 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. AIA Document A201Tm —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 28 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be P prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No, 3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 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. The form of Application for Payment shall be a notarized AIA Document G702, Application and Certification for Payment, supported by AIA Document G703, Continuation Sheet. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. §9.3.1.3 The Contractor shall submit all payment requests to the Architect for all Work completed during the previous time period. Requests submitted late will not be processed until the following month. The Contractor shall include the Contractor's waiver of lien for the full amount and partial subcontractor waivers of lien in the amounts of the previous payment request. § 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. § 9.3.4 A Sworn "Contractor's Affidavit" shall be submitted with each payment request in sufficient form for the Owner to determine Contractor's right to payment and compliance with the Illinois Mechanic's Lien law. Each payment request shall include executed waivers of lien in conformity with information set forth on a properly completed Contractor's Affidavit. The Contractor shall submit waivers on a current basis with each Application for Payment, and the Subcontractors and suppliers shall submit partial waivers of lien for the amount paid to them from the prior month's pay application. § 9.3.5 The Contractor's request for final payment shall include: (1) the Contractor's Final Lien Waiver in the full amount of the contract; and (2) final lien waivers in the full amount of their contracts from all subcontractors and suppliers for which final lien waivers have not previously been submitted. § 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. AIA Document A201 TM — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 29 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 taw. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No,3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of 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. §9.4.3 The first payment application shall be accompanied by the Contractor's Partial Waiver of Lien only for the full amount of the payment. Each subsequent monthly payment application shall be accompanied by the Contractor's Partial Waiver, and by the Partial Waivers of Subcontractors and Suppliers who were included in the immediately preceding payment application to the extent of that payment. Application for Final Payment shall be accompanied by Final Waivers of Lien from the Contractor, Subcontractors, and Suppliers who have not previously furnished such Final Waivers, Final Waivers shall be for the full amount of the Contract. All applications for payment shall be accompanied by affidavits, in triplicate, from the Contractor and Subcontractors containing such information and in such form as to comply with the Illinois Mechanic's Lien Act and showing in detail the sources of all labor and materials used and contracted to be used on the job, including names and addresses of subcontractors and material suppliers; amounts paid and remaining due to each; together with all other documents as shall, in the Owner's and Architect's judgment, be necessary to waive all claims of liens to date and comply with all applicable state and local laws. Notwithstanding any other provision in the Contract Documents, the Owner shall not, in any manner, be deemed or intended to have waived any claim by making a final payment or a progress payment of any amount. § 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. AIA Document A201 T°" —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Inst American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 30 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No, 3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 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. § 9.5.5 The Owner shall not be required to make payment unless in its own independent judgment it accepts the Architect's Certificate. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shal l pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. (Para rciPh deleted) § 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 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. (Para, iviphs deleted) § 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. The Work will not be considered suitable for Substantial Completion review until all Project systems included in the Work are operational as designed and scheduled, all designated or required governmental inspections and certifications have been made and posted (other than for the failure of Contractor), designated instruction of the Owner's personnel in the operation of systems has been completed and documents, and all final finishes within the Project are in place. In general, the only remaining Work shall be minor in nature, so that the Owner could occupy the Project on that date and the completion of the Work by the Contractor would not materially interfere or hamper the Owner's normal business operations and/or use and enjoyment of the Project. As a further condition of Substantial Completion acceptance, the Contractor shall certify that all remaining Work will be completed within thirty calendar days or within the time stated elsewhere in the Contract Documents following the Date of Substantial Completion. Upon the Owner's written consent, the Date of Substantial Completion of landscaping portions of the Work or other designated portions of the Work may be as mutually acceptable to the Owner and the Contractor. The Contractor shall AIA Document A201 TM — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be t prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale User Notes: (829579634) secure and deliver to the Owner written warranties and guarantees from its Subcontractors, Sub -Subcontractors and suppliers bearing the date of Substantial Completion or some other date as may be agreed to by the Owner and stating the period of warranty as required by the Contract Documents. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2_ Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be 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. § 9.10 Final Completion and Final Payment § 9.10.1 All Work identified on Contractor's Punch List and thereafter identified in Architect's inspection shall be completed within thirty (30) days of issuance of the Certificate of Substantial Completion. Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and 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 AIA Document A201" —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 32 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be P prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) Architect will promptly notify the Contractor if the Owner or the Architect do not concur that the Work is finally complete. In such case, the Contractor must bear the cost of any additional services of the Owner or the Architect until the Work is determined to be finally complete. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the 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 Neither final payment nor any remaining retained percentage will become due until the Contractor submits the following documents to the 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, submitted on such other form as may be prescribed by the Owner; .2 a release or waiver of liens on behalf of the Contractor and a similar release or waiver on behalf of each Subcontractor and supplier, accompanied by an Affidavit of Release of Liens (latest edition) or such other form as may be prescribed by the Owner; .3 a certificate evidencing that the Contractor's liability insurance and Performance Bond remain in effect for one-year following Substantial Completion ; .4 a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents.; § 9.10.4 (Paragraphs deleted) If the Contractor is unable to secure from any Subcontractor or supplier a release or waiver required under the Contract, the Contractor must furnish a bond satisfactory to the Owner to indemnify the Owner and any co -obligees under the bond against any lien or claim from such Subcontractor or supplier. The Contractor must also indemnify the Owner for all costs incurred by the Owner in removing, discharging or otherwise settling all Subcontractor or supplier liens or claims, including all personnel and consultant costs and reasonable attorneys' fees. § 9.10.5 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. § 9.10.6 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. 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. Neither the Owner nor the Architect shall be responsible for any safety precautions or programs in connection with the Work. Init. AIA DocumentA201T —2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be t prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 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 by the Work or the operations of the Contract; .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, at its sole cost and expense, 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. § 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. AIA Document A2011 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. 34 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be f prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07Y2019 under Order No_3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 10.3.1.1 The Contractor shall not cause or permit any "Hazardous Materials" (as defined herein) to be brought upon, kept or used in or about the Projects Site(s) except to the extent such Hazardous Materials: (1) are necessary for the prosecution of the Work; and (2) have been approved in writing by the Owner. Any Hazardous Materials allowed to be used on the Project Site(s) shall be used, stored, and disposed of in writing as directed in writing by the Owner. Any Hazardous Materials allowed to be used in the Project Site(s) shall be used, stored, and disposed of in compliance with all applicable laws relating to such Hazardous Materials. Any unused or surplus hazardous Materials, as well as, any other Hazardous Materials that have been placed, released, or discharged on the Project Site(s) by the Contractor or any of its employees, agents, suppliers, or subcontractors, shall be removed from the Project Site(s) at the earlier of (1) completion of the Work requiring the use of such Hazardous Materials; (2) the completion of the Work as a whole; or (3) within twenty-four (24) hours following the Owner's demand for such removal. Such removal shall be undertaken by the Contractor at its sole cost and expense and shall be performed in accordance with all applicable laws. The Contractor shall immediately notify the Owner of any release or discharge of any Hazardous Materials on the Project Site(s). The Contractor shall provide the Owner with copies of all warning labels on products that the Contractor or any of its subcontractors will be using in connection with the Work, and the Contractor shall be responsible for making any and all disclosures required under applicable "Community Right to Know" or similar laws. The Contractor shall not clean or service any tools, equipment, vehicles, materials, or other items in such a manner as to cause a violation of any laws or regulations relating to Hazardous Materials. All residue and waste materials resulting from any such cleaning or servicing shall be collected and removed from the Project Site(s) in accordance with all applicable laws and regulations. The Contractor shall immediately notify the Owner of any citations, orders, or warnings issued to or received by the Contractor, or of which the Contractor otherwise becomes aware, that relate to any Hazardous Materials on the Project Site(s). Without limiting any other indemnification provisions pursuant to law or specified in this Agreement, the Contractor shall indemnify, defend (at the Contractor's sole cost, and with legal counsel approved by the Owner), and hold the Owner and Architect harmless from any and all claims, demands, losses, damages, disbursements, liabilities, obligations, fines, penalties, costs, and expenses for removing and remedying the effect of any Hazardous Materials on, under, from, or about the Project Site(s), arising out of or relating to, directly or indirectly, the Contractor's or its subcontractor's failures to comply with any of the requirements herein. As used herein, the term "Hazardous Materials" means any hazardous or toxic substances, materials, and wastes listed in the United States Department of transportation Materials Table, or listed by the Environmental Protection Agency as hazardous substances, and all substances, materials, or wastes that are or become regulated under federal, state, or local law. § 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. (Paragraph deleted) § 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. § 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. (Paragraph deleted) § 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 A2011 —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemational Treaties. 35 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 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 in a company or companies lawfully authorized to do business in the State of Illinois and that has at least an "A -VII" rating as defined in Best's Key Rating such insurance as required in the Contract Documents. The 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. § 11.1.5 Liability of Contractor and Subcontractor is not limited by purchase of insurance. Nothing contained in the insurance requirements of the Contract Documents is to be construed as limiting the liability of the Contractor, the liability of any Subcontractor of any tier, or either of their respective insurance carriers. Owner does not, in any way, represent that the coverages or limits of insurance specified is sufficient or adequate to protect the Owner, Contractor, Architect, or any Subcontractor's interest or liability, but are merely minimums. The obligation of the Contractor and every Subcontractor of any tier to purchase insurance shall not, in any way, limit their obligations to the Owner in the event that the Owner should suffer an injury or loss in excess of the amount recoverable through insurance, or any loss or portion of the loss which is not covered by either Contractor's or any Subcontractor's insurance. § 11.2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. ( 1ar ag'), rphs delel'e7l) § 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, flare 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 a(t1usted 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. (Para rwph deleted) Init AtA Document A2011m —2017, Copyrlght @)191'1, 1915, 1918, 1925„ 1937, '1951 19581 1901, 1903, 19ti0 1970,. 197th, 1987, 1997 2007 and 2017 by `rhe American Institute of Archrlecfs. AI't rirgh% reserved.. WARNING: `rtes AIA'r oocumeant Is protected Ivy U.S. oanyr'right l.aw arnd lnteraratlonal Treaties. 36 Unauthorized reproduction ordistribution of this AIA" Document, or any portion of it, may ransuft h'n severe civil and criminal panattles, and Britt ho t prosetuted to the maxtnnurn extent possible under the Naw, ThBs document was produced by AIA software at 1628A6 ET on 11 40712019 under Order N'd.3958425413 which expires on 10r2M020„ and is not for resale. User Notes: (029579034) 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. (Para„ rgph deleted) § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 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, at Contractor's sole cost and expense, 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 one year period for correction of the Work shall not waive any warranty rights of the Owner The Owner shall give such notice promptly after discovery of the condition. 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. (Patrxl rglr h deleted) § 12.2.2.3 The one-year period for correction of Work shall be extended by corrective Work performed by the Contractor for that Work. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner„ § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents and pay all attorney's fees and expenses related thereto immediately upon demand. § 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. Any action brought with respect to the Contract shall be brought only in the Circuit Court of Cook County, Illinois AIA Document A201 TM —2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be l prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) § 13.2 Successors and Assigns § 112,11 'I'he Owner and Contractor respectively bind themselves, their li,,jrtners, st,lecessors, assigns, and legal 1 11 representatives to covenants, agreements, and obligations contained in theContract Documents. Except as provided in Section 13.2,2, neither party to the Contract shall assign the Contract as whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless renlain, legally responsible for all obligations under the Contract. § 13.2.2 ,rhe Owner tnay, without consent of the Contractor, assign the Contract to it 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 iniposed 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 flinely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures, 1"he 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 tiniely notice to the Architect of when and where tests and inspections are to be made so I hat the Architect may be present for such procedures. Such costs, shall be at the Contractor's expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13 4.1 and 13.4.2 reveal failure ofthe portions of the Work to comply with requirements established by [lie Contract Documents, all costs, Made necessary by Such failure, including those of repeated procedures and compensation Bali- the Architect's services and expenses, shall be at the Contractor's expense. Notwithstanding any other term or provision in this Article 13 to the contrary, in the event that any testing or inspection of the Work or any part thereof reveals defects in materials or workmanship, then the Contractor shall remedy such defects and shall bear all costs and expenses associated with such testing which is related to determining whether such defects have been properly remedied. § 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. AIA Document A2011-2017, Copyright 0 1911, 1915, 1910, 192,5,1937,1951,1958,1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AHI rights reserved. WARNING: Ir his AIAO Document is protected by U.S. Copyright Law and international Treaties. 38 Unauthorized reproduction or distribution of this AIA01 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/2812020, and is not for resale. (829579634) User Notes: § 13.5 Interest Any loferences in this Agreement to interest being assessed against the Owner are hereby deleted. § 13.6 PREGULATIONS § 13.6.1.1 Whenever required or upon tile rcquest of the Architect or Owner, the Contractor or Subcontractor shall furnish the Architect and the Owner with satisfactory proofol'comphance with said Federal, State and local laws, statutes, ordinances, rules, regulations, orders, and decrees. § 13.6.2 The Contractor shall comply with the non-discrimination federal, state and local laws, including without limitation: § 13.6.2.1 Equal Employment Opportunities Act, American with Disabilities Act and IlUman Rights Act. The Contractor acknowledges that this Contract is subject to and governed by the rules and regulations of the Illinois Human Rights Act (the "Human Rights Act"), including the mandatory provisions that each contractor have in place written sexual harassment policies that shall include, at minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under state law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor's intenial complaint process including penalties; (v) the legal recourse, investigation and complaint process available through the Department and the Commission; and (vii) protection against retaliation as provided by Section 6-101 of said Act and that it has written sexual harassment policy in place in full compliance with Section 105(A)(4) of tile Flurnan Rights Act, 775 LICS 5/2-105(A)(4). The Contractor agrees to folly comply with the requirements of tile Illinois Millman Ri9jits Act, 775 LICS 5/1-1 CI1, et seq., including but not limited to, the provision of sexual liar assment policies and procedures pursuant to Section 2-105 of the Act. 'rhe Contractor further agrees to comply with all federal Equalf!"AnplOyluellt OPP0111,11lity Laws, including, but not limited to, tile Americans with Disabilities Act, 42 U.S.C. Section F2 101 et seq., and rules and regulations promulgated thereunder. The provisions of Section 14.2 are included in this Amendment pursuant to the requirements, of the regulations of the Illinois Department (,)f l4urnan Rights, "Title 44, ["art 750, of tile Illinois Administrative Code, and Contractorshall be required tocornply with these provisions only if arid to, the extent they are applicable under the law. § 13.622 As required bylilinois law, in the event of tile Contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois I luman Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"'), the Contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the Contract may be canceled or voided in whole or in part, arid, such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this Contract, the Contractor agrees as follows: § 13.6.2,21 That it will not discriminate against any employee or applicant for employment because of race, color, religion, creed, sex, marital status, national origin or ancestry, age, citizenship, physical or inental, handicap or disability, military status, unfavorable discharge Irorn military service or arrest record status: and further that it will exarnine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underinilization. § 13.6.212 That, in all solicitations or advertisements for en'tployces placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. § 13.6.2.2,3 That it will subinit reports as required by the Department's Rules, furnish all relevant information as may from tinic to time be requested by the Department or the contracting agency, and in all respect comply with the Illinois Human Rights Act and the Department's Rules. § 13.6.2.2,4 That it will permit access to all relevant books, records, accounts and work Sites by personnel of the contracting agency and tile Department for purposes of investigation to ascertain compliance with the Illinois fluman Rights Act and the Department's Rules. § 13.6.2.2.5 That it will include verbatim or by reference the provisions ofthis clause in every subcontract it award.,; under which any portion ofthe Contract obligations are undertaken orassurned, so that such provisions will be binding AIA OmumentA201114 - 2017. CopyOghl fb 1911, 1915,1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987,1997,2OD7 and 2017 by The Init. American Institute of Architects. All rights reserved. WARMING- This AlA111 Document Is protected by U.S. copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIA 111 Document, or any portion of it, rnay result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This docoment was produced by AIA sollware at 18;28 A6 ET on 111070019 under order No.3958,425413 which expires on 1012812020, and is not for resafe. (829579634) User rotes; upon such subcontractor. In the same manner as with other provisions of this Contract, the Contractor will be liable for compliance with applicable provisions of this clause by suchSubcontractors; and furtlaet• it will promptly note ter the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the Contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for Contractors or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporation. § 13.6.3 Illinois Department of Labor Requirements and Prevailing Wage Act. §'13.6.3.1 The. Contractor agrees to comply with and that this Agreement issubject to and governed by the Illinois Prevailing Wage Act (320 fLC;.S 130/0.01 et seq.). T'he Contractor shall ensure that any Subcontractors- shall comply with the Illinois Prevailing Wage Act, Contractor and Subcontractors shall include: in Bids the cost for the current prevailing wage. As changes are made in these prevailing wages, the Contractor and Subcontractors performing work on the project will be responsible for confearmitlg to the changes and shall have the responsibility for determining when. changes are made. No additional costs are to be Incurred by the Owner as a result of changes in the prevailing wage. All record keeping requirements are the obligation of the. Contractor and Subcontractors. § 13.6.3.2 To the extent that there are any violations of the Prevailing Wage Act and any demands are made upon the Owner, Contractor or Architect by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing work on the project, the Contractor or the particular Subcontractor and Contractor shall be responsible for indemnifying and holding the Owner, Contractor and Architect free and harmless from all costs incurred, directly or indirectly, by the Owner, Contractor or Architect in responding to and complying with demands made by the Department of Labor, or an aggrieved employee and such atnounts may be withheld from the paynients to be made on the project. It is the intention that the Owner, Contractor and Architect shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to this Act. § 13.6.3.3 It shall be mandatory upon the Contractor and upon any Subcontractors thereof to pay all laborers, workman, and mechanics employed by them nett less than the prevailing wages in the locality for each craft or type of workman or mechanic needed to perform such work and the general prevailing rate for legal holidays and overtime work as ascertained by the Illinois Department of Labor and pursuant to Illinois law and statutes in such case made and provided. § 13.6.3.4 The Conti -actor and each Subcontractor shall (1) Inake and keep, for a period not less than .3 years, records of` all laborers, mechanics, and other workers ernployed by them ort the Project; the records shall include each worker's name, address, telephone number when available, social security numbers classification or classifications, the hourly wages paid in each pity period, the number of hours worked catch clay, and the starting and ending, times of worse cacti day; and (2) stibinit monthly, in person, by mail„ or electronically a certified payroll to the Owner in charge of the project, The certified payroll shall consist of a complete copy of the records identified in the Prevailing Wage Act. The certified payroll shall be accompanied by it statement signed by the C'ontr'actor and/or Subcontractor which avers that. (i) such records aretrue and accurate; (i i) the hourly rate paid to each worker is riot less than the general prevailing rate of'.°hourly wages required by the Prevailing, Wage Act; and (iii,) the Contractor and/or Subcontractor is aware that. filing a certified payroll that lie or she knows to be false is a C'l'ass B rnisderneanor. The Contractor is not prohibited from, relying on the certification of a lower tier Subcontractor, provided the Contractor does not knowingly rely upon ai. Subcontractor's false certification. .Any Contractor and/or Subcontractor subject to the Prevailing Wage Act who bails to submit a certified payroll or knowingly files a false certified payroll is in violation of the Prevailing Wage Act and guilty of as C kiss B misdemeanor. The records submitted in accordance with the Prevailing Wage Act herein ;shall be considered public records, except an employee's address, telephone number, and social security number, and made available in accordance with the Freedom of Information Act. § 13.6.3.5 I.3pon 2 business days' notice, the Contractor and each Subcontractor Shall make available for inspection the records identified in the Prevailing Wage Act to the Owner in charge o;fthe project, its officers and agents, and to (lie Director of Labor and his deputies and agents. Upon 2 business days' notice, the Contractor and cacti Subcontractor shall make such records available at all reasonable hours at a location within this State. § 1 .6,4 Public Contract f -rated Act. Contractor agrees to comply with and that this Agreement is subject to and governed by the Illinois Public Contract 1'rraud Act (30 ILCS 545/0.01). Init. AIA Document A201TM —2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 40 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be P prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 1 0/2 812 0 2 0, and is not for resale. (829579634) User Notes: § 116.5 Public 'onstruction (-ontract Act. Contractor agrees to cmiiply with and that this Agreement is subject to and governed J)y tile Illinois Construction Contract Act (30 ILCS 557/1). §13.6.6 [In blic Construction Bond Act, Con( ractor agrees to conip ly with and that this agreement is subject to and g governed by the Illinois Public Construction Bond Act (30 ILCS 550/0.01). if the Contractor furnishes material or labor oil tile protect, or assurne any Contracts for material or labor awarded or entered into J)y the Owner, Contractor first shall supply and deliver to Owner a bond conditioned upon the completion of tile Contract, and the payment ol" such material and labor, as required by the Illinois Public Construction Bond Act. 30 ILCS 550/1 et seq. § 13.6.7 Public Works Prefi�rencc Act. Contractor agrees to comply with and that this agreement is subject to and governed by the Illinois public Works Prefierence Act (30 ILCS 560/0.01). § 13.6 .8 Employment of Illinois Workers on Public Works Act. Contractor agrees to cornply, with and that that his Agreement is subject to and governed by tile Illinois Employment of 111 inois Workers on Public Works Act (30 ILCS 570/0.01). § 13.6.9 Public Works Contract Change Cirder Act. Contractor agrees to comply with and that this Agreement is subject to nand governed by the Illinois Public Works Contract Change Order Act (50 ELCS 525/1). § 13.6.11 Veterans Preference Act, The Contractor agrees to comply with and that this Agreement is subject to and governed by the Illinois Veterans Preference Act (330 ILCS 5510.01) that, in the employment and appointment to fill positions in the construction, addition to, or alteration of all public works undertaken or contracted for by the State, or by any political subdivision thereof, prefe=nce shall be given to persons who have been members of the armed forces of the United States or who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country, and have served under one or more of the following conditions: (1) the veteran served a total of at least 6 months, or (2) the veteran served for the duration of hostilities regardless of the length of engagement, or 3) the veteran served in the theater of operations but was discharged oil the basis of a hardship, (4) the veteran was released froln active (July basis of a hardship, or because of a set -vice connected disability and was honorably discharged. But such preference shall be given only to those persons who are (bund to possess the business capacity necessary lbr (lie proper discharge of the duties of such employment. No political subdivision or person contracting for such, public works is required to give preference to veterans, not residents ol'such district, over residents thereof, who are not veterans. §'13.6,"1',2' As used in this Section.' "'rime of hostilities with a foreign country" means any period of tirne in the past, present, or future during which a declaration of by the I.Jnited States Congress has been or is in effcct or during which art emergency condition has been or is in cfl'cct that is recognized by the issuance ofa Presidential proclamation or a Presidential executive order and in which the armed forces expeditionary medal or other campaign service medals are awarded according to Presidential executive order. § 13.6.12.1 "Armed forces of the United States" means the United States Army, Navy, Air Force, Marine Corps, Coast Guard. Service in the Merchant Marine that constitutes active duty under Section 401 of federal Public Law 95 202 shall also be considered service in the Armed Forces of the United States for purposes of this Section. § 13.6.13 Drug'Free Workplact. 'I'lic Contractor certifies by tile execution ofthis Contract that the Contractor will provide as drug free workplace in compliance witi) the Illinois Drug Free Workplace Act (30 JLCS 58011 ct seq.), including provision of providing notifications, imposing sanctions, providing assistance will) counsefing, and complying with all other requirements of said Act. § 13.6.14 Bid Rigging and Rotating. The Contractor certifies that the Contractor is in compliance with Illinois law and not barred from bidding on the Contract as a resu h of a conviction for either bid -rigging or bid rotating under Article 33E of the Criminal Code of 1961(720 ILCS 5/33E). § 13.6.15 The Substance Abuse Prevention on Public Works Projects Act, 820 ILCS 265/1 et seq., ("Act") prohibits any employee of'` the Contractor or any Subcontractor on a public works project to use, possess or be under the influence of a drug or alcohol, as those ternis, are defined in the Act, while performing work on the project. The Contractor/Subcontractor will comply with certification and other requirements regarding same. AM Document A201 pyrightQ 1911 1919, 1918, 1925, 1937, 1951, 1958,1961,1983,1966, 1970, '1976, 1987,1997,2O�07 and 2017 tyyThe Init. American Institute of Arohrlects. All rights reserved, WARNING, This AIA11' Doetiment Is protected by UZ. Copyright Low and International Treaties. 41 Unauthorized reproduction or distribution of this AIA10 Docuraolt, or 811Y Portion of It, may result in severe civil and crim,inal penalties, and will be prosecuted to the maximun, extent possible under the law."I'his c1mment was produced by AIA software at 1628A6 ET on 11/0712019 under Order No. 395842.5413 which expires on 1012812020, and is not for resale, (829579634) User Notes* § 13.6.16 The Contractor must not barred from entering into this contract because of any delinquency in the payment of any tax administrated by the Illinois Department of Revenue, unless it is being contested. Contractor understands that making a false statement regarding delinquency in taxes is a Class A misdemeanor and, in addition, voids the contract and allows the Owner to recover in a civil action all amounts paid to the Contractor. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .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 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. ....... Init.AIA Document A201 TM — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 42 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. U (829579634) User Notes: § 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. § 14.2.5 The Owner may, upon seven (7) days written notice to the Contractor, terminate the Agreement between the Owner and Contractor without cause. Upon written request and submittal of the appropriate documentation as required by the Owner, the Owner shall pay the Contractor for all work performed by the Contractor to the date of termination that has been approved by the Owner. The Owner may, upon the Contractor executing such confirmatory assignments as the Owner shall request, accept and assume all of the Contractor's obligations under all subcontracts executed in accordance with the terms of the Contract Documents that may accrue after the date of such termination and that the Contractor has incurred in good faith in connection with the Work. Upon receipt of notice of termination, the Contractor shall cease all operations on the date specified by the Owner, terminate subcontracts not assumed by the Owner, make no further orders of materials or equipment, complete work not terminated (if any), and provide such reports as may be requested by the Owner and the Architect as to the status of the Work and the Work remaining to be completed. The Owner's right to terminate the Contract under this Section shall be in addition to, and not in limitation of, its rights to stop the Work without terminating 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 Time shall be adjusted for increases in the time caused by suspension, delay, or interruption under Section 14.3.1. 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. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties to the Contract 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. AIA Docurrnernt A201 ""' - 2.017. Copyright 1911, 1915, 1915. 1925„ 1937, 1951, 1955, 1961„ 1953, 1966, 1970, 1975, 1957, 1997, 2007 and 2017 by The Init Arnarican Instilute of Archilects. AH rights reserved. WARNING: This MAO Document is protected by U.S. copyright Low and International Treaties.. 43 Unauthorized reproduction or distribution of this AIAO DocuMerbt, Or arny Portion rat it, may resutt in sevens civil and criminal penalties, and will be N prosecuted to the maximum extent possihte under the low, This document was produced by AIA software at l&25:46 ET on 11110712019 under Order t"io.39SB425413 which expires on 1 ti125d2tr2t1, and is not for res,ate, User Motes: (5295795'34) § 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 and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. 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 The Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 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. § 15,1.6.3 Delay caused by any Subcontractor shall be the responsibility of the Contractor. The Contractor shall, therefore, ensure that all Subcontractors at all time provide sufficient personnel, equipment and materials to substantially complete the Work in the time specified herein. § 15.1.6.4 Where a delay occurs which is beyond the Contractor's control, the Contractor has an affirmative duty to mitigate the effect of that delay on the progress of the Work but without any obligation to bear any cost. An extension of the Substantial Completion date will not be granted to the extent that the Contractor breaches said duty to mitigate. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor waives Claims against the Owner other for consequential damages arising out of or relating to this Contract. This waiver includes .1 .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. AIA Document A201 TM' — 2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 44 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No 3958425413 which expires on 10/28/2020, and is not for resale. User Notes. (829579634) This 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 Initial Decision § 15.2.1 Claims, excluding those 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 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall not be final and binding and subject to litigation filed by either of the Parties. (Paragraphs deleted) § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. (Paragraphs deleted) ........................... AIA cooctuvient A2G'i aw —2017. CopyrightOlgll, 191:5, ' 918 1925, 937„ 1951, 1958„ 1961, 1963, 1966, 170, '1976,1987,199T, 2007 and 2017 by The Init American Instutotee of Architect& Aft rights reserved. wAfxNMG: Tbls AIA* Document is protected by U.S. Copyright Law and International Treatlex. 45 Unauthorized reproduction or distribution of this AW Document„ or any port,lon of It, naay result &aa severe, civil and orinalnal prcaraattles„ and will be F prosecuted to the rnaax anaarn extent possible under the laW. This docorneeril was prodmesd by AIA sa tware at %29.40 ETon 1110712019 undoc Order No. 95842541a which expires on 1 W78P202O, and is not for resate. User Notes. (829579034) Additions and Deletions Report for AIA® Document A201'm - 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:28:46 ET on 11/07/2019. PAGE Villa xu of"C+�ount Pq)sp-ct Ma& `iLjeet Municig Vi'#NPUL f"M01,11 'ros P act fl South C nicrson Street, 141oua�tt ProsWpe�wt,,.�Ci(1:5i�' Wallter Consultants 895 fmt,;ueLns �ois7�... t Nirkw�t , 116LO, laiffn,lan 1st ites, f1. (300 10 PAGE 10 The Drawings are the graphic and pictorial portions of the Contract Docuanents showing the design, location and dimensions of the Work, generally including Plans, elevations, suctions, details, schedules, acid diagrams. F r(l (litnunsioals shall he follovw(d'iIt )reference to nito easureitients l settle. /ill (ltllienslons s11a11 11e claucl(ed' sNitist field measurements cog alit tams to be talar_ ^� l he t,oritractor, 1,1,9 Construction Manatter at Risk "1`lle tel -In Cpontra4tilr as iv;ed herein shall refer to the t'otr trot ticat 9v g atrt r t l2islc, 1.1,10 Product 1"lam tern " rcacltJct"" res rased in the C,ot tract 1 c�cunlents inchu t iaterLI—S sr�stc,tlrs <rri f a r ptrtcrnt: 1.1.1'11 Provide Where ttic word. "t om°owicle�t�ars it shall ltie takenand jitter pry, et d 1, rneitn °The C ontrLi or sfia;lml fitrnaslt ill lal�t�r, . � � _ecess � al1 and con2jllcte Clic construction oftlig ti'Iiit�rltal 7t ci nt(.--tit and t1tG0�,.'"rtal"�' �1�"�raN,art�n�t7� krS or ai7etterBxil� a7t".Gf.�'4r"LI to aSlfitM S(i ggt. 1112 Site ' tom rL,fca to chat piartion of Pae a rt�r on hick the 1 g rk i tta_heyerfoLiped or v�lyi�ch 11 as Nhec i othe wcse ick asic,le Lor ilsebthe Contractor. 11Mri 13 Pun�chlist )fthe coaistrticton of°thc frci"ect which titilinisha d itcaiis of n arc aniiaol" or instaPo stantaal details of coaistructoniiieehanical ad ustrnent or decoration a ennainmai rttl ae t,t(I,f-coliclti(rr rtf'vllicli iotald riot mrlatel'l<tl affect the tl4e ofthe 1'ro",pit, attitl _wliiclr rice cg a1�r'f Addition.And�7eletaoras Report 0rlcumentA201v--2017"(vopyright 1911, 19155, 1918, 19 5, 19G37, 1901, 19�0,19pai, 19�a3n 19 1970, 1970,19�a, 1997, 2007 and 2017 by The American Institute of Atchitects" All rights reserved. WARNING; This AlArl Document is protected h"/' U.S. 0opydghtLaw and � International Treaties, tUrmautlrorized reproduction or distribution of this AIAd° Document, or any portion of it., may reauk in severe civil and criminal penatttes, arid will Ile prosecuted to the rnaxirnurn extent possi'''ble under the law. This docuwarnent was produced by AIA software at M2&46 ET On 11/0712019 runner Order No.3958425413 which expires on 1012&2020, arid is not far resale. (829579334) User litotes: tgjng,t �Tp !etcd within tilirt _(�.ILYLCJ 01,Lof —Substanti LAS, Lh —av—a ika—bi I i...c>9 *--5-LmLi�l —]or &,Lmr ts—'an 4 materials. PAGE 11 J.j..,..2.1.2 Where conflicts exist within or beL�ye he Contract Mourrients.- or between the(I"ontract Documents and IIDDILC�!L—)ICStan�tEi ds Lodes i�l ordjnancc,&.,Lhq Contractor shall seek a clarification nn mL�rrra.� li•onr qq�jt i Iy gjgLqVA!jtjWc- ;shalla apply It tile (."'ont ractor fibi Is to make such at ret tiest is lrg�� L �!. _ -qirester -------- pp_ _— - I --I ! Lhe morc strjg2,(2njS) hi her duality real; Ul� '�Li C n1ractor shalt rwrtbr-irl the 1_ __qLg q .. ,o Work at no additional cost to the Owner in accordance with the Architect's determination. §j.,j.1.j_Large-scfL1e 1J(rawin �s �takq , recedence �ovcr stmllksc�ale over scaled di rriensions and noted materials overgra qps � 1 licable. or the context so indicates. § 11.3.1 In the event of conflicts or discrepancies arnon the Contract I)OCkLillcnLsiji-tcjxretatit)jis wM based oLc �zq hLn fl— Ig, prioriLics: 1) The A regment ALA A 1 33Ani addenda with those over those of earlier datg-4 Coll(jitions ortlic —Contract for Constructionj� ) Qc ingand S I�Leifiqations. e.. �These Cien Ir PAGE 12 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. 'Me descriptive headings of this Agreement are inserted for PAGE 13 §-24.444w4)wnef-5hall fumish Io4he490ff46eWf,--W-1 11-- 1—) s fine A"twh 4*&�tiOf"ha ufns*404he #tit lel e Maras to trrtttgeraaerat lit e-Q,-wneF'tis - 11'5 Wadi tRit-1 the-0w*ef-VfwA4e-, ar l3 Tiff"le A eveii".hall-r i"ie4-)wntw4ha"he-W(*k4+a:�ppe(44-lo iatelystop Only that orlion--Of4he Additions and Deletions Report For AIA DocurrientA201 '"-2017-CopyrighlO 1911, 1915, 1918,1925,1937,1951, I'M, 1961,1963,1 x966,1 10, 1976, 1987, 1997, 2007 and 2017 by The American institute ofArchileds. All rights reserved. WARNING: This AtAll Document Is protected by U.S. copyright Law and 2 International Treaties" unauthorized reproduction Or distribution of this AIA111 Document, or any portion of ft, may result in severe civil and criminal panalties, and will be prosecuted to the rriaximurn extent possible under the faw. This documenlI was produced by AIA sollware at 16:28:46 ET on 114712019 under Order No.3958425413 which expires on 1012812020, and is not for resale,. User Notes- (829V9634) .rrl�ii". y isles ca++ grail rw��rlrl�ii'errrwwillli t;l Wl i trrpi:rar9r 4lie C tura t l= rr e�ilrrrl4 i oxi s Napre+pri.rt ly rrJ,the-cor raet rrr lwa#1 b i r rea t i ley Ih a ra sr tl e ut arf t i rwrt tl la rsr rl C ¢ rri a u •-i t t r a i ied ire tlr rarrraa t Waerrra n,414- bra •rrrotc9rWw-rrrsorl�tlrl 2::3-�'�:iter-tl-Q��vwr�trr-i�rrilte�ti�icler.cri=i�nr�raer�rl..errrar��;errrnt� raa�aie�tlri�-�e�tarrr� 22,ti�e(-�����+�r-slrall..:r�r� rrrrrterii�ll�ya��n�rneial�-a++tta�+r���ritho�rt i�-rr-+�rariee-to-ti-ie-(�ntra�t §�2:4 ti"�her�y-#irrr�-leas-d,�irer�te�#-ini"�rr°rr�ati�-ari icrr°��V�e�i-u��dor�tl�i'Se�tie�n-2�-yrs.":'nii��tial,,�+he-(."r�ntr°r:�e-tc�r til es ilii r t atwi ra r ea ti � Il-nvt i+ sii qtr-otlre,r-p e*r m l.. ,4 & emtritewy—rr may rliseiounli�rat�al---ir��iia�rr� c�i�;��r-:sever ela �ace�te�Il��a��eel��e;�:�r+e-fw;r-►• ia�*d trr�r6r�r�: �l�la-r�"tate�-aay-��l�o cii .l�a�+� ""+arl•rclrtry`i"—rrt� ' nl� y enfil y�, o , arrelritlitlg..a ubpoe er or e tl r orwmarui r,rrp ri rra l g l ro r eretl h r ecn►rt r were ea tal r2.b . lrr�aat+e�r���-ar l errrrdl�u�t- suretiesrrlerrtreeierntl t{Heir-arrtiicyeesbsrrlrentr a�rr rerrel..etiaerrrneel trnuvr tl*otrter�t of=such rrrfor wrr�rti�rrrelelr�-arm&-e�ltreir+}«m�rr`^4#�e"-1�a��;��tr�vrlrcr�rrw-t r�"ra+ntrrlrriire. eeaa��rierrtrrr3it�a i"�;r r�kr~-irrrrr�eiior�:. 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. The ri hts stated in Article 2 shall be in addition to and not in limitation ol`anl� otlacr ri hts ofthe Owner grapicad in the Contract Doctrrnealts or at law or conitv., PAGE 14 § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become p pr� generally familiar with local conditions under which the Work is to be performed, ander af �tl1r'. , tNioll.1ias rqviewcq lLu (:ontr ct Do�tantcnts and correlat d �tJ 1 recltnr•errients of Lit Contract Docy I nis and has notified the Architect of personal obseratiorrs rrnd ins aa;tiorrs wrtN and obtainedclarifiraation of any discrepancies which Ileus hecorn r� arent throu di review of the f ontracct art trrlaents rand ersq nal obsery tions ... 3.V A "fills "or��tractor �l�all veril" all d�mmensions aiver��� on tl�e l:'�a°ae�rir� its and to rc �rr�r� any error or irrcorrsist rc �c� the Architect before commencing Wrk. B i startiri in the Work by the Contractor shall indicate the Contractor agreement with all details construction rocedures and materials so shown awndlor s ecufied and shall indicate the Contractor's wtlli lgness to Corlltruct the Irr rr strNct�t;t cor tl<rnce wvitl� the ("orltrict Documents. »2.11 If Work is rpt tmirecl in a manner than rxrarkts it irn r sable to dc te�hti�v-act c4a t(rt islocunien oLs ould disc Its the "° ra arrcies a d1c�°tr amtln�tht� C caratrac.t �7�aurarrac.a t�orytrac,tor �»l1aNl_ru0t in!�rrm "tirte<m hliera°etaticln frortr the Arc litcct beftare r¢lceetlin r rltlt tlac Work 11r.tar�tr;rcttar shallrlrarrrl the Work t no atldititlrlal cost tt�tl1e Owner in laec�arclarrce frith the �,rcll�tect's determination., § 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 �ligata�arar�rr-tliaua�i=-firei�rdiati��rrrel•rstr�rotiorr-l�y-tl-4-katr�aetor�anrl-�rrrrtrt ftrr�'tl i ii a'' ' ° ver' r�rrrr aasiorr ,rrsisttrtreir irr the Cr, rrt M_+D00 rr w ve , Ira+ rrrtrrtotr r ire Contractor shall promptly report to the Architect any errors, irre+ear �t+�rrnr �iu���rl ka �o�Ie te4h tlr �r rrr� r rrrr� sioras, or " ° Additions and Deletions Report .for AIA Documen:tA20110-2017. Copynghr0 1tr1 �„ Irz1 „ 11118, 1J25, 1937a 14151 14a5ir, 19rt, 19�a3, 19G6* 1970„ 1978, 1987„ 1997, 2007 and 2017 by The American instirule or Architects. All rights reserved, WARNINGThis AIA* voeument is protaated lay U.S. copyright Law and 3 International Treaties. Unauthorized reproduction or distribution of this AtA11 Document, or any portion of it, may result in severe eivit and criminal penalties„ and will be prosecuted to tiara maximum extent possible unclear the taw.'rKgs docaanaent was produced by AIA software atl&28:46 ET on I V0712019 under Order tNo.3958425413 which expires on 1111 812020, and is not for resa9e. User Notes: (82957961 r) inconsistencies III' 17p Colltract ( cutnegLs.Ltt 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 f st tegtiii`ec1 tci iirtiiiil that tliii tet�N�cDoctatrekk tlr�it a�arduue..witlw eNplli�4e ltiw; st��t�+dw-w:�r��al�a„ cede+,�1�-Trico-r�ge�1N~ion��a�a1�11-e�rd��fpttf:�l�c•���tia�sr-itis; bt•tlae i..ca�ta�r°-sN�tlll l�rt+bort-tcr�h-r'�r%+i�a�t-rn�y-ti��ric�or-i�lisi�l�y or�iiaicl�°�wt�-tc��tli*-4��tor�t+��ia+t-1r inifor-rialiti f)-to s,ueh4 f" a it%-the-A-r- hite(-.t-inay-r cicilre: :sht111 va ta! lac u.rrdicy ol` ilk s rades. elevation&, ��istt G t:oti(lltmofi liitl(misioris and locations and sllsljl is t)aalllt_yI re sort to the 1%jicm ,ind the Architect Lm rror ,rirllr . ions or inconsist� rlca�s. lti ajl�c 3,a s oI ialttrcciitllection oftlie C,�ontractcar s WoeLwith. eexistii S w(1tmiiei w�_LfUe t�mono-actor shallmmlrcrif at them., ite altKtilner cions relatesig tai, saacll Istilt t t��cr we ali�lN� crrlals �itlm�to the Contractor's failure to so vem if a1Ltac11 r de� elevati i��i titlg comie3it oils Icr adorn ormdinaensions shallhe pacart� t o i"edil.iecl by him without extra cost tri the Owner, Neither the t)Wlier rIor the Archit� ,Ui i antee� the exactness ora pselevations, d�inic;nsicimis r� xi�t�itg, gals rtlolis r...9aaa cit czri��tl�oal any d awing,s issued 1 � the Architect or work instail�Ld 1�thgi, contractors. § 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 aiit fAiesguithoriti irli4ess ties Contractor recognized or should haverec�m%zi I the ei°real. jklfon l �t,�ti+�? it�i �smori. cii AI ffier nce find 1<illccl Ko r ort it. 3,x.5 lithe Contra ctooro maxis arto"k iirvo,li�l•7 firent error litconistartcy, icier%ieulty tcinstructiein. immlaractical ty, citltissi(azi or code w i llaitican il1_tha C ontr�alc.t t is uments o1_vfllt,clt the f a31tT�iwu ear as awam°e, or +yl�i a iai_i 1 i casollabl have bt i�i1 discovered la tlll revit w re(uirt d b "ii coon 3.2 without ;1m'Cwitt it written notice to N:1ie Owiler. acid t11e Architect and rec oast for correction clttri'ciatitrn QPi° at(lclitioltal infiiM15ioil as a i°o ariaite time ('woiltractcar does so at i'ts own risk and ex crane and all claims relattiil thcrll mmtller ares ecil'1 waived. ..6 In no evei`lt sliaill the Al°chitec~t o;r Owrier laav� i �ilitraal o�?cst, cll�tl°g{e cil; (il' aifi r��otisibilifrir c,ilm�s�rillxtiori means methods tecltitlt alc:,s se ucile,�s. or iroa�ecfltlic�Wc�r mot saw. � �._' �_�_�.._._. d precamtltlorls al"t(l,plmtit;„ralris ll1 conrt�ctiou with t;llis, Wcark, fiotwithstanelin tiii ail"the ri lits acid atitlto •ii„ratecl the (�wn�r in tlllf;aattti�ict..T?clelaments, PAGE 15 § 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, t(chni(lnes, sequences„ or procedures, the Contractor shall evaluate thejohsite safety thereof and shall be solely, responsible fir the jobsite safety of such means„ methods,, techniques, sequences, or procedures. ll'the Contractor determines that such means, rnethods, techniques, sequencer 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 The C ontractolishall re�rri w a9ly criwisti_uction or installttic>n roeecltire inelaldili those rage rtamettded �i i3 t fi ailirta nicer . "Th Contractor shall Iriclvide written notice to the Architect: a if a s ecified roduct deviates from ood ctirmstruetinn radices,,. b If followinthe S ecifications will affect an warranties.. (c)_____ Any ob e�, ctions••which the Contractor may have to_the S ecifications., Additions and Deletions Report for AIA Document A201TM-2017. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and 4 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) j:he rcL I CILst _im Losed qg t h 'ontrtor by llfisSecI. i oi i shrill be in addition to, arLd_!LQ_t ill LiteL(U&,. a 11 (1 a I I — — qS ---ac— qLfierjjrLoinions of these Contract Documents. § 3.3.2 The Contractor shall qT , rknien who err sl in,j) n jg "12� ) gffim it the Work wild "all -Work shall berforrDL.(j with care aqd�skill and �lna Po�od.Nvorkrnanlike inarincr under the full-time supervision ofthe.Mp�jovgd sit, L)g[.illtendent described in Section 3-93 - The Contracto I, H L)L liable 1`6 !1L)LOL)S'a�Y-s1kn�—'agincluding repairs or rcplacqtnL�jj.Lff ---M=1 r $h _,j_.cq the Work and economic losses which proximate) result fi-orn the breach of this duty. .•' 1, 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. § 3.4.3 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. Ilie Contractor shall be responsible for any darnagcs..IL) �werI3 �)rinjqLlg% to )ersons, or to any other harm —caused bv the Contractor's eniployees. PAGE 16 § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment famished under the Contract will be of good quality and e*Gepl Ides unless otherwise required or permitted by the Contract Documents and that the Work will be free from faults and defects and in conformance with the Contract Documents. The ware an.tywill not be af&cted by the speciflcation of aiiy procedure unless the Contractor j ob'ge sproingly tosuch-prgiltict 01, procedure and advises the Architect of oossible _15_ _ substitute products or orocedures which will not affiect tile warrant , 11iis MitE[gjjq!y sfia� I �noLbg ! restricted byrhe limitations of any gianufact.urer'swarrant y. Work not conforming to these reg uirements,iiieltid'iiM,,;tt,bst.itLitioFis riot properly an roved and authoLiZcd ay be considered defective in the Owner's sole discretion. Inabjljtyqr refusal of �,rry _ g_ the Subcontractor such work shall not excuse the Contractor from performing under the warrant y- If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor's warranties Marc riot lintited by the Contractor's obliggj2qoV,ecificallv correct defective or nonconforming Work as Provided in Article 12 or are t!7M jk! any other i hall also be liable for any damah--c to L)roperLy or persons -Cincludine death) includi ng conseguential an�l direct damqggn�relatin to �an breacho�fthc Contractor's warranty. The i, '3, !qdby Seg 3 orthe Illinois (Jsc'Ftx Act ectionj approve(IJarmo .31 1961 fflinoisR�:_f�'h,jplqLl 20, Section 439.31 ftonULayin Z-My-2fLhe 1,gAq§ ittloosed bv the Act anti sales to Owner are qNleyl tt)vSection 2.1loLis,,llil]160-9 approved July 31, 1961, Illinois Revised statutes 19(x7 Cha ger 120. Section 44 1) fir Mr any of the taxes imposed by kig . Thq L)�T artment of , _ _Act Revenue of the State of Illinois under Rule No, 15, issued Au rust 9, 1961, has declared that sales of materials to, constrUCtiOn contractors I -or conversion into real estate Barr s�Js governmental bodies, agencies and instruntentali ties are not taxable retail sales, The Contractor shall L)e-res ponsibIg fear j'Lny sales, consumer, use and similar taxes for the "-ot-yet-effi e6v", "4"y § 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 damages. losses an( ex -nses attributable to correction. VL Additions and Deletions ReportforAIA Documenl:A201T —2017. Copyright(D 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAI" Document Is protected by U.S. Copyright Law and 5 International Treaties. Unauthorized reproduction or distribution of this AIIAO' Document, or tiny portion of it, may result In severe civil and criminal' penallies, and will be prosecuted to tree maximurn extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3956425413 which expires on I0/28/2020, and is not for resare User Notes: (829579634) § 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 indicaled in the, Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Ownerand Architect. Upon receipt of such notice, the Owner shall promptly take tinny action necessary to obtain governmental authorization required to resume the operations, The (,ontractor 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. "1I Stff"W-(4 S PAGE 17 § 3.8.1 The Contractor shall include in [lie M ' axiniurn't'r ' i •c 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. .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 tit a v r -its a ren to ns thin stir4 a*-Aa4 be -ad uod OF! �t&- Of Ntl2Jrnuln Price. § 3.10,31lie Contractor shall perforni the Work in general accordance with the most recent schedules submitted to the Owner and Architect. exceeds tine limits current under the Con s to meet those limits "nor shall it make the Owner or a result of increased construction time or nOwner EaLlttru (oAb'ect to a Contractor's schedulereate or i LiCer Apylights in favor the Contt•acIgLforperforiiiatic(LsLi advanqc or sLt 01 -time 3.,10.4 Nt —thetitne-91 LeachAa the.,�L uros k_at 'l qntractor �hAll provid�q to the Owner and the �Lrchitcctan MLate on the Projectse Liedule a�n�La I— if progMs% is behind schedule the Contractor's len to recover the Work to The report shall also —include a sum'DaL y-ofLliefontractors ineqti,195-with s!!bc011trz1ctqK,9- PAGE 18 3.11.1.The —Contrrotor shnitni maintain tit the5rte jone set of record drawd Architect of the as built flans aimed �ecirica�tiQns for concealed cQtLd fir. /1rt dr viatioras from conditions shcLwlion tile Qintract QLrawimsn-A-1all bqshown xlnd dimensioned on these record drawingL._-Thq ContractorL shall develo la out drawnu, for concealed work that is oil Contract 11 -------- I ----- s order to have dimciasioncr'1 la outs of such cornrealecl work. l"Iris res uireiaaellt sloes scat tarathorize.rn deviations with)ut apt roval —orthe Architect., J3.11.1.1 The fieldLinfmn-mit—ion in the rq!�ord drtijLiqg�_to be so marked shall include at a inininium: Significant deviations of any rlrrture made durin corastructirnra 2L Location referenced to )ernianent surface improvenients:.and the Additions and Deletions Report for AIA Document A201— —2017. Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected by U.S. Copyright Law and 6 International Treaties. Unauthorized reproduction or distribution of this AIAO 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No3958425413 which expires on 10/28/2020, and is not for resale- ( User Notes: 829579634) � 33Location of m eghar�ical and electrical ervroces, utilities a tliti rrar cas that are r omr �alet� in the bungling, referenced. s;rhle feaTtures oaf tater bnil,ingm §� ju — l it ctiam etc record 1 2 7�"lmf„.+R orttraetor slratl,l mn�twmntwlmrr �tr1d slm�tNl_rnc� ttrtc rt�mmocutn�ltt:w shaw�lrr�mtlrc�ttc srll sgtctc "�mic � „gut 3.1 ,ubcorrtCactcats to inatnta I at t of cvrattcrrts and claalt es Ilr tits W frmis ltolrtthc Contract li -�h deviations andItl m:nr� rg,a1 ror mrgilale trlrrt gale K11 the (:q tract I:)o�=gm nt mrmtd si�a91 rrrlti over to t11t hatecR wr on t;om�r aletion_ol tlwe Work all such recordc ria irr x ,riot ar�� r and Iailmj rn�r(inrl aack� as llr�al s e .._ nt;� laola clrawmrt �s and sketchcarko tl _rt an d similar t r ?ndicatirlg file as- ilt conclltions. 111nnbrmt, LtVAC all(1 Jecarical C orttm ctols/SubcotitragtolL-- L) s rcncfnrr rl to r fc r d al clr< .. � �_. "� ;"-- ... l It s <.r cry ecordiett�a� d trarlslcmtit�m tlreclta � �11 es or ticwiattoltti mn llc rwork �t"ror�l to rr chided in th�mdr� alrantccd C�(a�imnknra Price l��r the lcvm�rtlons to the Rr<ins r CItLt w shall be .1��. n wcs m.71 c Wrarl: m 'Peas-btlmlt tr tm�sp mmarrctus, sNl tlgi t ,d It r r t1 kap tl7-e..0 atrrttam tr r 121,z , rcltltcgt prl r to the rt�wl mac cclrizmrt crt Lie Prq ect andi .s saIicc o°fLlinal a mm!"t" PAGE 19 § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal "Ind review of Shop Drawings, Product. Data, !.3anlples, or similar submittals, until the respective submittal has been approved by the Architect. "1`re Cttmti`atctor~ rrlmtst gorrect at its cost, and rvitlrcmirt an rtcustrnent in Contract "l ince arra Work the c2rrrec6aarj of wb clt is req trued due to the Contractor's fhilure, to obtrtirt tt naval of as sttbrnittal rcc m��ti tra have been tabtailmed arior tca roccgdir� itla lrc Work,irtclttclin but riot limited rte titrta tai �t� oi« l l t in (h. , Wrrrk I°esttltiir ti'tarrr slmc:h liltlrc, § 3.12.10.1 tf taf ssh raa tr trnmv' tit rti tr tl i r rr .l I 1 14(- y pprt n rr iturit rl m�alttipt�t�rat�atrt�lti#+silly-�l�:lr�4��r�ntraottntr�lay-�tl��ontil�trot-�tarttlr��rr�rr-mrd• "cl�tt��awa11 m�ify�-alb-p rrtttr�-and-dilsrit�ria-tita��l�s+eri�•ntrst-��ttis��lr��.�t�ltrt�a4�me-onti�to�'el upran-tla-mtrle�ulrr,mtrr 1�it�tlt�"r•p61"#t�arrrttan -. igta-r�rit�ra-t�rewd-in-�lr .� ootstrta�ntl�lte C�q�rmttrrotclrrtll�;atrttr�strclr✓-tmmaries•�rmtttt�Kttisante�-�aided�ry-ttttPlrr�t ,. lymml'i�l-fiesta pw~o�e:�sic°rrtrml �vlr�„�nrwttam=�ad��{-shall-�tsea�tmll �lra�vr�t+l;�rtistsr-wslroilmot'tt .�tivf�tiol�+m�Dr°aitrgl irtla4ar�5atlrtlt�t#mr% �lr�r���ttt<1--lap-rtt��s; atn�snrttul:�r.�R+eM-�,rl�dr trs+eT'I�tfrd-t'hren rretlessttr earl cc:rtillcatit;mn car aer•t�arrtratrce criteria ol" nratermals s' steins r e ui arnent is requi b tlrc Cotltxtrct Dofuntonts� tits (��.orttractol° shall arovide the erson or ar arovidin x the, certification with full infornraticalt oftlre relevant aerfolra°malttiy sRtiw°Inents atitcl on the conditions under which the. materials system or eatttr rrl will be exLaeciccl tc? w mate a t tla 1'm�e k tc."he certification shall be based on performance under the to ael a kiwt t,l�t ons ai the a'ro"ect aitc, "Thi / rclritect shall be entitled to rely upon the ��r~r�,��+:,�attrtmn��r�t++m4i�afat�il�a�ll�t�a�r�#.•�"a���ry-tl�kr pr rssitan teel It v s +ed tevath C t + a p tarn ral tiesi tt rit win ,. l56 tctl itittt-l2 1Cl whit tlar r�a�a ` �ti�a�t-:rl�tr�mlw�ly--fbr-tlt�-l+n�%tal• ptl°h1tge�r=oc�nf�n+a-sv-itis-i ; � nt�ar�im�ttl�tl tfae dep atpr ;tel i e�ni o nn rwt on the acctmraac arntl cw.artl leteetess of socia cemti cations. § 3.12.10,2 hcn the Contract 'Documents require the Contractor's design professional to ceilify 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 f°ortrr specified by the Architect. PAGE 20 3.1 .3 All exterior alad 'irttem for Wcrrk shall lac cicatrtcd iav firs CoriCractor usin T s aecikic materials as rcconrnrended for ' � uc taa II rProper c eanin , methods of materials sly«all be re aired to fire strr`faces to be clearacd. f)xtrna e to atn stmrf�tccs c?.__.. satifactioia maf the Arclritec�t awtcl t,)vwrrer, l 11rL C.`cliwtrator at rbc most to tbo (}tuner. 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,inc, l u(ti n& Additions and Deletions Report for AIA Document A201T°"-2017. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1 987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 7 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale,. U (829579634) User Notes: hilt ntNiaatitr el tea, rtttornuy,'s Peesbut 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. § 3.18.1 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 negligent, intentional or - reckless ,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. 3.18.2trlttiltrst ttl�rsrrartityrrrar�rfr€l rnal ticar�� rplrayf tt a����rir„-tlnsyl.dictly-ewe•incl'satly-�y�lca"�-41y�tl�lrr,:o�y : i��=�rs�lr�yrn�-lial�ilr� ft ai 1+ t al ligatioa ttrrel ti r ht ll trt ➢ r it l lam it tar e�r+-am0trr44r-typ , 4:401 rage -m-,. sraaiapaif lati an or t ayabi"y--or--Fof &r e+�effsat+0f+-KAti ali (al ilii l t rc earertfr r arawpl u l ra« l'`i aw ts- lie Contractor gees to indemnify iefend, save and hold han-nfeesss the followin ➢ren tees The Architect and the Owner, their e�cc.five board mer�rbcr;� offi errs„ direr to s officials, c ansultaritsst pfras, aril ep"Loyc es, individually and collectively. from all clgigis.�deniandsn actions and (lie like, ofev : Liaturc. �� J clescl ltaticari acct or instituted b t�aird .talrties, rrrtslnpT or aNl�g�;� _I�r arise out of the work tinder this A( reerlprat, asre cult of any fact or omission ot" either the Contractor or any SubcontracicirN or aci of"their eni No des ea ¢afi The Comi:actor send its Subcontractor smlialI ��Iame the Owner, the Architect and their respectiveI�cird mellilar„�afllcer ollicialslmruc tors, atcnt and erirrloyecs, iiiclrvicliiall a�ollcetivelt” sus additional iilsureals on their caanlraiereial general Iial?il� for cl�in�s arisin x lioixi tkta o acratiains of"tlie Contaactlsr;ulcoaltr<tctor autonmcalile 4iai➢aiht smncl ccess�'ulilarellsi coverage which na cirrsticee shall be rini<ti cot era e as respects the additional insureds. The Contractor and Subcontractor/s shall furnish Owirer with c%Ltes of such colicies prior to la�lx nnin_g iiy Work. „18.3"Claims damages. loses and ex )clt8es" as these words are used herein sha11'e construed to include lint not be limited to 1 inLury or dania e conse uent upon (lie failure of or use or mi^ use lav Contractor, its Subcontractors, agents, servaaiits aal~ em I a ees of ari hada!, dgg i ,„ bloc.kiiig .gaf`fold�any and all other kindsgof items o e ui riierit whether or iie°at thi iiice be aavrriecl, fiirrirslical or 9osrn is Owiier� � ll attorneys' Pecs acidcysts incurred; iri defeiise ail the claim or iai ih„ riri girt > air suction to erilorcethe rovfsiori oltllas lrideniriit or• aii other inalernrlit contained in the C t)ntract Documents° sand °3 al l cxasts ens ae uses lost tirile o ortulii�t t osts aricl other siaicilsir iirclirect or incident daMgges incurred b the )1--y beiri indeiiciiilied or its ern 'laa ccs a petits aar eorisirltants, 3..18.4 In the event that the Contractor or its Subcontractors are re riewted'tit refuse to bonor the inder� nnity ob'➢a coons liereirnciar or_t<ldirovide a da.tcnst thct the a ty ind iil�ifyiiig haN1 iri aiddition to till ,otL1g obl� ss,, ra tlt cost of lirmsin act sua li iGtlori amcltadrng <3ttcrice�sa a s:,ilfrlsgiriceal by tl party being naalcriricafiecland , their r eriita9oy es in the def'a iise c.ifarr , itagsition covered 11y iml l� pLdemnity�carsvision at tlicir tisLial ii°ate.includir➢ wcosts acrid exta t➢ie p<'trt rccguc:��tiitg isicleiriiiit , x.18.8 lit claims «igaiiist aaran or emit dttcrrinlCieclwulder'lliis Sectioii 3.1i errafala ee ofiyilie c?lltitptai, as Subcontractor an one diii aLlaar Iiitlmir rtly emtil rya a� lav tlieril, car anyone for whose acts they ma be Balal__q indemnification obligation �under Section 3.18. 1 sliall not be limiter! tag limitation on amount or'typc ofd�ini�ig court t ��isa tirari, or l cica lits a�sihla lav or fc)r (lir. Contractor or a Subcontractor under workers' COITI Crisat'io.11 acts disability _brefit acts or,odier emlaNca rietrt acts The Contractor It by knowingly and intentionally waives the ri alit to a�ss�est gndcr the case of Kotgcki v. C c➢ofrs Welalirie rp , l lfa lll. ritl I i l n c t. itom (: r n racic�ar"s liabila1 rice ly 1 iirriitecl tp� the amount of its statut��it under the Workers t'om acnw i�ioii Act Arid a �t�aai Contra for"s liabifity to in(eniriif am defend ilio 4 yr i er and Ar Hitt t r�s nofi Niinite l by tl'ce social➢ed "Kaatuck' C Additions and Deletions ReportforAlA Document A201 —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987,. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 8 International Treaties. Unauthorized reproduction or distribution of this AIAm 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) 'ELic; Contractor shall include thi,� �irovij.ion in cach ofits Subcontract.1y shall!: reguire its Subcontractors to be so bound. § M& �evqry 'Llig(Lontr (�nbaldl—in —Mac an _$ jj!gy ,lit o material (I all subcontrac rs an I/ r pg Work agu.IK%��gh and qK E4!��pd/or material stipplier perlbrnring rk, to ions, 3,1_A,1 thrqu&17m_3. 18.9 tinder the Contract Documents. _1.1 .7 Yhe Contractor's inderrin ootilig ions hereunder shall s )ccifically incl tide -,if I claims and itidanients which rtmaa� be de aaains!I12c, inderrinite.cs under federal or state—law or the law of the otheruovernmental bodies lia,yl . ..... M9 iurij.diction, i gtfurthcra&tinsi cla air inis Ll Jud )i jILs froinxiolation of public ordinances and of i.J0VerIIhIg aUtboritio due ItC(,pntrg,�Ltor's oij(�'qntractorIsSIpplo ees niq! Ligd of Lxecution L�Lthe Work. y -1.1kil CinI Y to Thr bited by tImConstruction Contract I derrinification for Negligence Act. 740 ll CS 3510M et sqq.,the of the Contractor as set forth herein shall not extend to the liability !ff ttle Qwner,� —1 t ( the J— In ic Arct itee )r i , ents. consultant,% y ineruhers Is, or -efilp-1-0y-ce—S. §.3J&9 The Contractor shall, indeninify At or , _Ld 1391d littr!LLIess the Owner in: the event of labor or trade uniL)n -conflicts I clic utas betyveen LhContractor and Subcontractors and their res c lo ees�,rfjeon Litetor shall endeavor to ad just apLo..[L which aftbct the timely conip resolve gq�l letion ofthe Work. 5 disputes shall not be a basis tar excuse -of tlic.Cqgtract Docurneq�t�L v the: Contractor or its 5�ujjc nIractcgs,5kfld,5haIl tio-un-v-ide th dates for Substantial CqIn Ltiog _g- -- ptA- or Final (otLiplaion..L�qboLor trade iy)�ton disputes that gti' bet roduction or deliver of materials or eguipwent ear time installation shall beat no cost to the-Owner, "I'licContractor shall notif y the Architect and the Owner in Ali!iM 5o 'ect qqjLpossikl�,,Us tRI" labqr or trade di iclLymy affect Work and its finjely completion. In sue 1 event the Contractor shall -provide a written tiroi)osal to the Arebitect and the Owner which 'include,,; 1,ii substitution X18.10 None oftlig�fbrc loinljimigqMjih�aIlde �nyq,the Owner or the Architect offaafay action, rip-lit or Lem d !LJ other-wise available to theme or either ofthcnjaLtlaw. § �3.19 If the Work is to be sary arrarrml-Ilents to reconcile without dela:: en the Contract Documents anti an the nts or rqi uncils which rewlar distinguish what activitiesshall riot be included in the Work L9y p trticulartgale. in case the2ri ressoftheWorkis ofd bqjgd_bagyulIdue delay ii or instaLIL;Many items or materials Contract I)o u!nqnts because oftLiq conflict _involvin at other material or eguipme it of" e ual kind and (Luglity b provided at no additional cost to the Owner, PAGE 22 § 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. Ilie Contractor §11aji prtgl111j Architect .(I) rnec)'Lanics lien waivers for itselrand each of its Subcontractors for 2,_nyAiorue.s sougl2Lfor payimment,Q tifie(tp:o 'tatements and docurnent;i, Ircyrtilin �,Wa�,tLAg -r -3) _qgr yrpJJ I s -tLoaps �)cr the 11 �rtnois �l -Lq icLL sworn statements listing subcontractors and inaterialmen before issuing 11'a rrient Cerfificatesand it'SLICII swo r.11 1 irovided the Architect's Ceilificates shall be conditioned Upon and subject to time rece ip! of such waivers. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Any Work rgigqgd_byeArcLiitgctshallbere2qqL2_L _Lh d )Eqrnly 110 - to the � Owner in wj�ijjng, 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 ofthe Architect to the ( "ontractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. . . . .................. Additions and Deletions Report for AIA Document A201 2017. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1967, 1997, 2007 and 2,017 by The Arne6can Institute ofArchileds. All rights reserved, WARNING: This AIAIII Document is protected by U.S. Copyright Law and 9 International Treaties. unauthorizett reproduction or distribution of this AIAO Document, or any portion ofit, may result In severe civil and criminal penalties, and will, be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No 3958425413 which expires on 1W2812020, and is not for resare, ( User Notes: 829579634) § 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. l he Contractor shall make stibmittalsto the–architect iri a manner tp 411ow 1ot theArchitect's reasonatble.proin t review and to allow for tirnc'l i2adere11m o�anl xlents of the Work to a&ct itc'a,ki ire flee Wi�rk. PAGE 23 § 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 D pi ts-Documents if reasonably inferable from the Contract Documents p�s,_beilag necessq[y t produce the antended results. PAGE 24 § 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. All subcontracts ' cts tweela the Contractor and subcontractors deal/be made in wajtj 3�;, shall be assignabll tea the Owner, u)�d shall contain, the follow n �a entence 'The Owner is an, intendeedthird-)art bene#iciatrya l this Subcontract.'"' § 5.2.3 If the Owner or Architect has a-ervsopabl6objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no Foa ria objection. f tlar ir(aposod-lout d rl + rear w t t l" pyla p r tile Worl tr��iat rrd�fi rrrr h ll l iia+�r°as+ia�f•�� ° ' 'rad�tla • ' r�iaa;-l�C=�irwy�sitra �-ol�at�lg�r-airdrr�p�r�atrulurng.41�r-slllwbo ivarim aasontl4itiat Su1rIItrltc�z=s�1LLIw ries " a�wl�tr+�t Ufa r-aat�`ia3 1 e uffleth • ttri hnii ti s �fu § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes r rilltc talar saw .m ittftifa ola'ectiora to such substitution. 5.2 5'1 he C ontr: rtor further acki2,owledles and as ices that after awwrti ofthe lrt°r"cct to flee t cirotractor am savri 2n.ghan, . t" _. subcontragtors will be for the benel°it of the Owner and will, not be used Jbr.the benefit of it e Contractor or to iac redase the Contractors trout ora the Project. "f he fore yoin , benefit totlray rynt.r shall ssFurtl�e�r ifatr� d at ta�fthe subcontractor aatcludc an ad ust�rnealt in 1Clae anaoaaiat ofthe Trice. (iia saalac�oit�r•�t t(a le ..._.____..__...._._L upon whir la tllia C,"aamrta'act�or' s fixed bit/ ripe or C orttraut Suira was laascd. er or su nfrlrum of"an inachiner y ort(lrripnat ntn ,�ro luclir but I mile(] to, irer—Li (l-1rrrit; uiaits or sy ita nis rl�w�arl s eci hcaitions om• offers inceiit_es discounts or lo�y�er )Jccs alter award of the Contract to the Contractor, those savings will inure to the benefit ofth� Ctwnt r araatl ta(at flee ,omtratctorIT �aiheontiactor iaramsiiftcturcr or su .Mier. 5,31 The Contractor shapl berestaons ble for its Subcontractors and shall carry insurance which covers the Contractor ftrr ldabilit ararisig , 9i'on•r its Libcontrarctors and shall ensure that its Subcontractors are carry IlL, _Ln�suraLisLf. tiUL( tett the ubKomractors aswell�as t.het.heOwnei' Ar'ch'itect and Architect's consultants. 5.3,2 The Owner and Architect aassuraae nca res t rasibilit l`or overlai in :_ �a s or onai ;sion of, _fro its of the Work by, various Co in awardir3 subcontracts. ct . PAGE 25 Additions and Deletions Report for AIA DocumentA201T —2017. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING. This AIA° Document is protected by U.S. Copyright Law and 10 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale.. User Notes: (829579634) -4:2ut�Jtxltt�a,��s:>+gw�lrt„•it'-tlr�'+k-l�as�l�eer�:�us�l-lbr�n�a.th�tifr�;�l��rcrrtl,��&r's ttaal eetlsatic,>it-s4 1441e•equiWl4y-a u4e -1 r4nerv-as 4r-�,,t+e,,u i ng4*o rn th -susl iorr; § 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 erttiyITtltlner ass' r€uuiieantltett t'<rate+ar cttlrtatarther entittl" Owsrer-:�luull-ue+�ertheaes� rna�a�legrdlymrspoutril^rb+e�'eae�..all?�.af-tl�e�uueess�rt���r�traet�ar��-r�bl�igatiu+a�-urttr-tlae entity § 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 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 s ubr g ti an:sumbro alar ra without zlterin_ttheAgreement wrt the Contractor. r, § 4-lin• 9 I pr wiel'. ` " e an�et 1 etettt ttt w� e er r1«rra an truetiorr or of rrti lis rr�lateN-t�ti-l�"t`t-itla�-tlte�3rine�vvlt�l�3�"��w�ttr�rt��r�tt-ae4ar� „�tl� ritxSepa�ate-�-•c�trt+aettar-s sl�l�lt e-satla�l�l�igtat" ° � °'' ttM�t4�tat-tl�eratt�t€-lt-aatad�r�tk�nditior�"�the�ntra�t-intw�ltre9irag, wa�rrat�ell�tl�er=; •settat •tie�le , q rti�-mow le:��l'I�l•��«���-�-2- § 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. 44ner-rat14;-)e rrrrb Gant r f mttraetar iu a epaw at�tet I1�� inapr+sperly " i� �ltrrgt-tl-We�t�•defeet�eteunst�ucii: ke-t a r 1 rate ntr t+ r �rrty tl � o�ibil i la g- n l l tul� a tles�i� " ' th�"�vtrseet-i�tion'I✓4: PAGE 26 § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone -in consultation %,ith the Owner. Notwithstathe Contractor a ,ccs that thcre shall be no additional char ge and that all such changes shall be cola feted within elle Guaranteed Maximum Price l°ovitled lay i Ct�rrtr�nu tor. Additions and Deletions Report for AIA Document A201"0-2017. Copyright 01911, 1915, 19M 1951, 1958, 1961„ 19fa3, 1966, i 97t7, 1918„ 1987'„ 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.'WWARNING. This AIAe Document Is protected by U,S. Copyright Lautir and 11 International Treaties, Unauthorized reproduction or distribution of this AIA0" document„ or any portion of It, may result in severe etvit and criminal penalties, and will be prosecuted to the maximum extent possible under the lave. This document was produced by AAA software at 18;28,46 5T' on I V077201 under' Girder No 3958425413 which expkes on $0/28t2020, and is not for resale, User Notes: (829579634) the such. 41ge*ef -wit C:o is cwl dad ow, iudwfing-applicable uprAies.,mol-equiptnen eow*jme4-; 0"dlefs-; § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract mor GeTime. PAGE 27 § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. § 7,19 Pe l'infit,10 t'le-leffi-4006(m-of4he4o A -e ��4omtfue"i-Q+a may feeltiest ",o4w ";hange-0folei-,awwl tithe ri its § 8.2.3 The Conh°actor shall proceed expeditiokisly with adequate forces and shall achieve Substantial Completion within the Contract "'lime. The Cot tractor shall bear all additional costs incurred to, snect the Contract "I'inie which Ip -1 qttLl workers or work e. without additional s tio,. 4yLqqM:jreaddingadQt-L_ compen'a ni �8.2.4 The Contractor must conForm to the most recently appilovqt] Constrqctiqq Schedule. The Conlraeto!!ntjs_t ��onlplete the indicated Work or achieve the re uir-1 8.2.5 The Contractor must maintain at the Site, available to the Owner and the Architect for their rdei-once durin the Schedule and any, apP-!LQY-1Lq--r-LLV—i.SionS P-1, 9 if h, amm (t ConstructLigri Schedule the actual It L cif t scheduled activity...indicated oil thw�_fonstrtiqj2q Schedule. § QZLJ'h,Contractor rtppeer tthat its,ararLte s�d �maxin�iuniriec �includ�csall c�ost, oygiJicLidAiid1.) ofq..Alich i,nayt,)e:iiietiri-e(illi[o.Lil'iLotitthe few iitr-,ictTLnicand tficeriodbetwceii$tibstaritia]AttLfinal (,(ttTi)l"tions. Aceordijity, IL Additions and Deletions Report for AIA Document A201TM-2017. Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 12 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 document was produced by AIA software at 16:28:46 ET on 11/0712019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. ( User Notes: 829579634) t_lan„c caratr actor rai*lam tITraaITb,IC arra cy G rrra oma: rITclelrt clsttraasa based in Nyhole or ill part on tLie pfeipisc that the C laratrrttlor would al�►ve caarnplet d the "Workp�°i�rr to tete ��t�i�tt�itrta rafi'he 4`t�rltar��C�t �w�raaLtaut koa arm cl�lrnr � dela � J827 if the C asrrllmre fear tow+a -is „i not rnainlai ed in accordance with the jip � onstr_ucticanScIrethrlc, o— the try ragr° �1cFl rmines �ia l tilaq rar trrtotor is frrt d� i I igeattl'y.,_prpc igg with the Work or has eviden.ct. I- asonably indieatcaagtla t the Contractor will not be able to conform to the most wr cent] a )proved Construction Schedu.1 tlie Contractor a tear taaaast nip -to grad at rau rdditic)raal C t1 k to ,tile Owner, take all int asures raa�t �sarr�a co accelerate its pre s laavercoraat tbt ell aarrritrastrrctlaititaer wihlhenc ttnth rricIalamtliepr(,) reg of"the'+ orkand,protifyrtla , Owner, 18'l'he Contractor shall reimburse the Owner for all fees or expenses. including without limitation, the Architecl engineers and Ieg l ex ense % for Additional services necessitated by C,ontr<aetor's failure to o'M Main Substantial C"ornpletion within tile time cstablishec ii.ma the a "reernent for• more than two (2) insra�ati,ons_fioSubstantial Coni )letion or fear more than one l final ins ectirn. PAGE 29 9.3.3 TWa "readers" la of r�ltr r to a trf tl taatrgow fear el l; y 1 i aer eta aand tath�ir-pr"e�vas "vie the t ontrrtet ' rrtaaetats'l"lae Corata°Tact<ar wltsall not he entitled toanv increasein the C'"ontract Suan <as a mult Lan c1aa in tiie,f)rogf.ss of Work, rhe Contractor' sage rernedv for delay shall be an extension of time. § 83.4 Notwithstandine other twovisions in,this Contract, Contractor shall not be entitled toan recovery of (JaUaa cs arising out of any event or delay caused within Contractor's control and/or for "Acts of t iod" including,_ iihout. limitation adverse weather conditions (which shall include t air: l rain events that can be realsonralsI rc �lactr d Cl�rs�rr historical d_ tat which fsrevents such earl completion letion oftlae Work. § 3. Where a dela car curs Haat is be cancl the C'"oratra tcar''s control and when the delay is not reasonably unacceptable the Contractor has an of"finnative dna to mill'- to tile e dart of that delay on the prop ,rens of the Work. Ala extension oftlae Substantial Coralpir tion date „!hat the Contractor breaches said cfr,a;� to taaa�t�e�: 9.3,9 The started dates Tor Substantial Completion and Final Completion of that. Work are material inducements to the Owner in eraterira ” 'mrato the C.onta°act Documents and all time limits stated in the Contract Documents are of the essence of"tlae Contract Doctrrnents_ § 9.1.1 The Gonta4et-9w*i4s-Cauaranteed Tylaximurn 11riceas stated in the Agreement and-,-iraoludin rruthefie l agjus n eo6r-is the maximum total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. „;at-l-f-t;naitr=ierr-e-:�ttat�iaa••t ' rat�t�l�rauarr�ant�rr ,, �ratlymrrgr�eae�l-raf�oaa-ar-ad-if-garrarat•itiarigirrtrlly ecc�rttera~alal�r-t�wriarll;ylta�etl•-:na�lar liorrtior:r-f=�strc�lalrn%t-primo--ttla-tt�arl-elrrtatatitios-airs " astarratiaal irtee'ru'i��faf�wa�ea'r�rat 1te�rfrpwli�lale"•rraaari • � ill-bn-earn d;d. PAGE 29 § 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 "1�"he lorm of"Ayolicat on for Payment shaalI be a notarized AIA Document L370Z,A ))Iicatiora and ('ertrfic�rtion fear P, taaeait„ stra)ortcd b AIA l:"tocument (i7O Contintlatiora "sheet. Additions and Deletions Report for AIA Document A201' —2017. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 13 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (629579634) §_9,3.1.3 The Contractor shall subrnit.all payment mILICSIS to the Architect for all WoLk coniL)lckead Urri1 preyj�pq.Ijfllqxe t !JKqucsts subipitted late will not be )rocessed tintil the following incindi, The ("ontraclorshall. include the Contractor's waiver of lien for the fidl alnount... 1 d oartial subc( n(raclor Waivers of I icli in the alpQgIll", of ! Lle.mciv—i(mi Purmlerrt iFe -ticst-, LIAA.woriiContractor's Affidavit"" shall be subinitdwith each pay"entiLqL till sufficient Forril fool -the Owner to dq!c gj)e ConLj•gjgtq['s right tollpyrnent and cguipjiance with the Illinois Mechanic's Lien law, Each tx -rnity with inforination set forth on qJjUo?sj LilgLijt rgg#es(,shaj[ jQLlude executed waivers of fien in confoi -1y J_ cornoleted t~ontractor's Aft'idavit. The Contractor shall submit waivers oil as current basis with each Applica ion I'or inent and the Subcontractors and sir Mjlicrs trail submit nartial waivers of lien for the gqngLi!jqL4tq tmmLicrn front the l)rior, 11, ntb's rxav an r%l iont it -in nestffin�qla y1gr) s 4 9.3.5 The contractor's rec For fill )-Lhle_tLOD klrm4oe _S11 "a LL-im-w-ai-ve—ri fl -t —hcfull. a _pa -L-hall include: (I aniount or the contract- 'inal fien waivens in tlx ft (2) 1 tj ill aniount of their contracts frorn all, subcontractors and suppliers for Nyllich final lien wqjvers havejqjL)rcytqqsJy been submitted. PAGE 30 §9,43T'he first payment be accorn anied bv the Contractor's Partial Waiver ofTien onlv fo�r the full shall be accorn arnoint of the [)a iment. Each subsequerlt, m—My pa roving MyMgppficaflon_tlall be accompanied t (Lie ( tt:actors 2y -LvL — Partial "i aim by the Partial, Waivers of Subcontractors ant] Suppliers who were included in the irnmediat!L11 prece(ling l)qy jj?tLthatgEyment. Ann-fi-c-Lition —for Fi'Lal L)amm(mml Al -all bq-�accoln )M!Llq�k _— Final Waivgjjs p L)contractors n-CS-1-Imfiers who have 'lot jr Eirlal Waivers. Final Waivers shallj�Le for the tjiLl amount ofthe Contract._ All applications for PM.jLient shall be acconViq�njedb affidgvits in ni frothe Contractor and Subcontractors containina such iniffo. r nuation and ill tr such form a the .Mechanie s Lien ALL detail the sources ofall labor and , to C0111DIV wift Mimi, s and shmvinu ill materials treed and contracted t2 be used on theme includiml, manes and addresses of subcontractors and material supnliers•, amounts naid and remaining due to each: togeil-teA- with all other dOC1.111101ts as shall in tale Owncifs and Architect's judgment be necessary to waive all claims of liens to date and conmAy with all � ) _Ajth al"u. plicable stata and local haws. Not da enit tt or intended to latave waived aarx clainm b aaaaakin . a firiarl : as merit or a lrca gross a nnent of any anlQUnt. VORM 945 The Owner shall not be re wired to make navinent unless in its own `rude eradeell iudgment it accepts (lie Arc h i t ec t's Certificate, _ . . . . . . . . . . . . . . . ............. § U.7 Urile, ,4ab44y-of4w"ab44y-+m-the p, an awafel Additions and Deletions ReportforAIA Document A201 2017. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA11 Document is protected by U.S. Copyright Law and 14 International Treaties. Unauthorized reproduction or distribution of this AIA10 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 document was produced by AIA software at 16:28:46 ET on 11/0712019 under Order No 3958425413 which expires on 10128/2020, and is not for resale, User Notes: 1 (829579634) Lill filLC&Lits a Illeg Is under theContract-[)a)-cuniqLc%., the Contractor shall dqf6id and indenini(y wrier fLni all Lo.j§jjjlbifit ra wrarr�,)e () r �a t br aJLicluding expenses. rijing f fe id lifiogtion a -qqt.2 _&gr�i r f t, lieu any cl.,tjlji _a _qqy 11 uccei claini or other elainM1-1Cl—it—(9-Q—kVllesl�tlj�ty- II JJLan)rovcL Lhe apLjk�AblqSpurt when A_aqpqly hone fur jlle_pye) tj, Lwhich the I ien or other claini for ap mn-clat -ha's b.MuLs's-er�O.. by--tlu�4V, 4itootror-4+wafded-- -bi ng it*+, tifio4 by Wji d § 9,81 Substantial Conipletion is the stage: in tile progress of tile Work when time Work or designated portion thereof k sufficiently complete in accordance with the Contract I)ocurneivis so that tile Owner can occupy or utilize the Work for its intended use. 14LIQ111 —review I included in the or r I- Uired overninental ins )ections gi desimiatcd ins(ruction of the grid certification ractor Owner's )erson nts and all finai finishes within the Pro'ect are in I so,fliat tile Owner could ocgypy t _�he toil o t or e oil rac 0 1 interfere or hai Proiect oil thm daal te an It Coln �1) et merit ofthe Proiect. As a, riurther condition of Sillistantial lainini, Work will c be e on calendar tenni withili 02d. ents followin.g the Date of 1plel ion of l�antlscaa ire ortioias of the Uork or other to the owngrand the (7(Littractor. 'llic Contractor !1111 secure: and deliver wner written warrall le", an uaran ces Irony its Subcontractor's Sub -Subcontractors and I dat�cof%ib�stantial�Com letic)�norsome rather .4,Ltie—,,i—sii_iiiybqa supplier" �bearin , ithe the period of warranty as rqgHi[gtl 'h the t rantr�ct l�tacunrent . PAGE 32 9.10.1 All Work idet —Ditect's ins ection shall be ted within thirty ion. — Upon receipt of the !mxplcLed within I Contractor's notice th 11 receipt of a final Application for Payment, the Architect will promptly make such inspection. When tile Architect finds the Work acceptable Under the Contract Documents and the Contract folly performed, the Architect will promptly issue a final Certificate for Payment stating that to the best oftlic Architeet's knowledge, information and belief", and oil the basis of the Architect's on-site visits and inspections, the Work has been compicted 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 payaWe��' Architect %N�[Ll 1) Lfy the (`(iqtracfor ifthe Owner or not cop the_Architcq.A—p _qyr that tile Woj�is final - sir 0��..the C�jnlrLqckjr -c rellitect Until tile Work is, L gar thqSgst of dditioLial s Meg., of [lie ()wIjLqLor t ie A jr1nincil to be finally corn fete. PAGE33 Additions and Deletions Report for AIA Document A201TM-20117. Copyright 01911, 1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976.1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and 15 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 underthe law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale.( User Notes: 829579634) § 9.10.3 I -P, Vork if [n),,11 ),,,jyljjqjjt�Lif airiing retain"dq! qQ LIIctor sqh, nits oWi gW�i,to the Architect: _Aj �Eqtj Lv—colneAu-j�Lmnt DI—NLK(� gg.&c i LIII-af—rwaxi.u11—"It Mrolls shills tor --nrateriAtiLal—w MU-1 Stit, and p�ftqLj indebtednqss connected with the Work for which the .Qw ier or 11_( !�L )wIj(2t[1.ws.2Kq)pI grisible or encurnbq�red less aniounts _E.gi ed on such other Form F)jjavc bqqi t d i��rwise Y4[�fljxj �stjbniitl— c as tae aescribe<! la the t)wacr, .2 tela inflar rclqaysc or waiver on behalfof cac ' ofl(elease of Liens I latest edition or bS— see h o certi c an ._�erfonnance,13�2rjd rerqgiln irl .3 :f effect for one- yar follokyLtij Substg�Luitjql Conji --V, gg— A �Lt ko 1 .4 �tiltens�tqtemen�ttLjat the Contractgr k!iows ol:'no substantial reason that the insurance will not be Lentwable tQ cover thqpttjq��!�j—red beat —contract th-nu—jllents:; is unable to the Contract, the Contractor must furnish n co-obli lees under" lien or claim incurred b the Ciwaler in reraaov n dischar ita or otllerwise settNiaa allubcontractororsu lier liens or claiins niak in •gILconstitgLvILwaiv(,,tt)tC],rims b thcL wncrex!cg 111gsearisin, & from interests, or enctinlLrLinee�s arising out of the Co.ntract and Unsettled-, Contract Documents' failure ofthe �Offllc terms of" by (1j,,e Contract Docurnentsor ---audits, c�rformeUbjtae —()M- § 910.6 Acceptance of r1inal 1myrnent b the Contractor a SubcoritraCtor or a st —consfitutea waiver of Contractor �Soi �'or�sla claii,nsbvtllattp-,iyeeexec t those L)rL-viou,,ilymade iiiwritiii&,aiic�ii(teritif�ie(it) �Qral �aee.#s unsettled at the time of final Application for Payment. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. 'Nei lice, the Owner por the Architect shall be reser male for ata' safety orecautiolls or tarograts in conn ecti!L11 _wiLUtbCWQ-rL- PAGE 34 employees on the Work and other persons who may be affected 4hef64),yiby-ILiqWort( orIlLe,.carr erafiosl: Of -thecontrMAi Additions and Deletions Report for AIA Document A201 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA19 Document is protected by U.S. Copyright Law and 16 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and crinflnil penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale.( User Notes: 829579634) § 10.2.5 The Contractor shat s11 at ads sole cost and expense ,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. PAGE 35 X11.11 The Contractor shall not c<aus s2 a;� erini 1111°"1 la/aralous i'�aterials"" f gas deiinet inn: �1 to be brow �h�a21, kepat or used in of extent stach l la7;ardott"s N4atar aahsr 1 faro raecc star for the rose_ utlora o4 flee 444 orl and 2 lrlrvc laa.era aha arova d Ism w nciarr; lay flea Owner. Apy 1 larzardous Materials allowed to tre axes d man flee l ro ut Sits(sl shall 1)s as cat, stcaa~eel, �ilaal cl"a most d of in wrritin as directed in ryritira la tl a Oda"nejx Atay l laxardoais l atsrials allaawecl ;la) bt, rasped„ ira flee l'ro pat I�e s shaH be used stored, and dispp, (Lofin eoi11)li3-...lames witla alt ala. 9icat)te Paws re latira ta) sera lr ll�a artic tls, latsriirls. Arm iartNsud_gsurraltrs LiLizardous Materigls, <as+vel a� other l°liazaretsaars lyl,aati�rials ihati 1aa�rs 1lcldra aliaased I°sledased� aai' clisclaar,�tMd �r� flea, lrao�ct Site b il�aa; Craratraetge or ria caf its em No sss a rysiats to a a is, r Likaccatatra t a sh«al l.fi?e removed from the P'nJect SiteL at the earlier of l corn lsfiora ol'tlie Work xa, uiriia thea e cat axela q N a <xrclarus lvlateritt.IsL(Q the com aletion of the "aeork as a wlaolc or `3 withira twsnt -four 24 la aui°s foNlowviia tNa O was r"s d ,nand for such removal. Such removal shalllie uiadsrtaksxa la thy p�Cofatractor at aid sole caret farad a,a irpm crrd slaall h parfdrarrad lxa aaccordaxra e witla all a aliplp lbws C las f ontractor sl ail ianaxxae a telt' rltzta frac (wn r of a�,.r l "ase ox° dam Nara°ge of arty H azyrdousMaterials aria, tlrs 1'rt�i t sits(s ., l"las Corftraactor slaiall roved lie Owwjicr witla cca res of all warning -1,-t c -i. on )r()altLpts ttroat the Contractor or env ofitssallacoratrcte�rs wMrili lws ra iuira d under ataolcablc Coraaiaaurait 1liNle rtat toalnazvv or sil be resaonsable for makingggyand all sclos ._AirITra for staalmilar tta via '1,,�°li Contractorialsr other items in such a mal ner as waste rnaterials to cause a wa~iolatirra� ofttny [awvs ser at« ptil atltaias as*ltetrn to 1°t�a�ardcli.as Gw^Ca�a�r•xals. All residue, and wvsa~ resultin fromra sucla a lsaanira ter ssrvicira shall ram eolV eta clw�a lc� x'eraioved from the 111ro•cct Site s in accordance A:tth all a livable taw anct rs txlattions. `1"lar C orrtractor sli xll ut? raadlr telt' na)tafy the Owner ofanv citations or, der , or warnin s isstaed to or r°eesivsd b the Conte as;tox° or of"whrch the oiatractor otherwise krecornes araraxre flirt reliefs to any or snedotis xthi A g eme t, thetC a jtractoi°jl: alI indcmnif axdef�n�d at the -Contractors "^soleacost.-grid w� tL rsuant to law ors eciflsd in rind Le l apaproysci_ r the Owvtaca° and lir)ld the Qwvner find Architect harmless from an and atl slarraa ,. naarrdp ,, losses daina �t.s dsbtar•serncnts liaiaxlatmss„ obl;gt'ioaas, tangy ,petalaNtaew eaa:�ncl�ciass", fc)r xraaovi�. rsinsctvira r the* a;ltsct ofaaa l la arclot)* lyiatcriaNs c)n uradsr {rmtaraa�or aha t the l roicgtt mte s arisin 7 out of or relating. tt) eiirsctl or inclirsctlr? kae 4"ontr°itctcar's pr ars stal cctrltracttarrs failures to corn )ky with an o4"tlis res axireiart tats let apiiL used hereon the. ternl ""1-la�^rdous I'y'latsrials"" means ian 1aa�strdous ear tonic stilastaaacss materials sled wastes listeel, ira the l laaated States its artmeaat ol'traras >a'ratatir)ia lwlata;rittls bl„ ?I' listed by the 1 iavironraaental Protection A Xerac as ha7ardous subsfaraces rand all substances naiafrials a)r wastes Haat are car laecc)rns rs u'liated uladsr° federal state a)r local law. § 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 sal"e containment of the material or stibstance. The C ontractor and the Architect will promptly reply to the Owner in writing stating whether or not cither 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 tend the .Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the al bcted area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be �eiitlesl appa pri t�rl�ra+ tlas� raata t Strta la oraas l t1a u a 1 t1a aaaatrras tot s rums l delitiaraal catas�t taaatdowai lelaay; piM4 "atzaa�^-aieacter'isl cel., Additions and Deletions Report for AIA Document A201— — PY 9 2017. co ri ht@ 1911,191 5, 1918, 192 , 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA11 Document is protected by u,a. Copyright t,aw and 17 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. U (829579634) User Notes: the mat eriaka", gtq ub- ifpresent W"- MWly §s Ownershall not be responsible under this Section 10.3 for hazardous inaterials or substances the Contractor brings to the sift, site.. PAGE 36 § 11.1.1 The Contractor shall purchase and maintain insurance orthe types and limits of liability, containing tile endorsements, and subject to the tea ris and conditions, as described in the Agrecirient or elsewhere in tile (7,011tract ioswaneeeeff Ln a con any ter companres laawtirll—autlnrLy,LA —to t,ko±ar.61-19.$§-In in SIatc—Pf llfinois and that has _atleast tin "A-Vlr uchLn�Lqrancqars rct mnL_in the C�Lnqract Dq-quincnts.TJLC- I'lle Owntr, ILI Architect, and Architect's consultants shall be named as additional insureds tinder the Contractor's cointriercial general liability policy or as otherwise described in the Contract Documents. U —1-1 A L I —ab, I I ty-kf -Comlmaor —and S tib cant _taL �htn t,(Lntajned L[I the insurance re initing the liabili, of -neecarriers- ()wlle1j(oesnq.1Jn.ALiy a. re arc rt ade, nate to gotect (he Owner. Contractor. Architect urns. The obli gyration of the Contractor and he• Lir obli&,ations to the 0wrier in thevent that file tywncr hotrld sato r tan tit°n� r rr �cl s Int e css of"tit araroarr�t reoovc rabic tlaroar ala ittstrr�rrrce e oras -Y 101 feeeif4-of*o4ee A -em t ' i-a*"iay-obRki"4fisw-ariee d .............. . . ........... . . ... Additions and Deletions Report for AIA Document A201 " —2017. copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 18 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale (829579634) User Notes: ��rca�ar�=���aaa�a`-=�Va�:�w ask=��a��+a���wrr-��a��-k�arara=r.�-��rk�ar�-��+pry•�;��aaa�-C�r���ww-�Fw�r�raa�r�r;&�a�w wrr wa air l is car rra aarat) r��� �a aa�rr r l�;cra�aa �r �4�4ar+ria waw-�I��a�«a��w��rn••+���"�aaw�-�a�aa{+r•a��+r`�ar-��rwar �taa3�'rr�raa�aaa#��aa��.Pa�a���-w-i�t�r��raa�� a a ., r raacE 1 +��awr r as •44I&&Own r°.. dao a ars +vrmrar war. ,. a0 aar�c�3��r�rr�a"�wa•�wE�rar�-�+r�+� � �t�ra 4... C ar a aa„ �z ra r r aarr4 � c r r� ra 9a 4 a a t+ ri t r G a� �a 14& a r ar�wa-has r�rr-�,arrc&.�-�-��r-c�rr�ararrarii..-w��rPNarr,��r��e�-arra+r✓ria,�+���r}�...���r�r•�+r�+r�+�amm+w�r�E�r-6:�aaa�r-t�aa �;mt�ras `"crrr#�-�r�t-�ara+ aara a ra as � rw r 6�r. - r thr ww a a° aa{ ati ate+ao-Gootfae4 I t�+t�rr��cr<a��T�ra�wr,a+��ra+sa�ra��;arr�a-r���a a�w�rrt-arra �e�:�w+�r��a4�+.�a��w•-vwr�ra�...rr�a�rw�wd��-�aaa��aaa��raw 8aaa O r t ��tr a...i�w a as + k } a s p r awe r m �a ra tk as a c k r l` h-instifaileti •x 'arartr����aa lard•%a � ra rr4 r r- r wkrp rear r aa'w ; a ( wd � raax w t.+ar r ask gar & Wt a �a r a �& wrc t rw a :..the �-c���ra°,v�arw����t��a�r~�.¢�c�trr•�r&��aa�raa� 1 lar a� c wavrr v as r4ghi -aga4 trbentf fwt r- . 9t altala ° aarat�`�-�ra�-a�rrr�t��rr, aa���a�t�, +�-�a-�aatct.faa���ir�t � rrr�taaraLtraa� Sepa r° ter lfa4Aa)r rrrr Barra t# a to iiw a t«art- tr rr�r r t r , rat kaw r4 a raa a e rr c ra�raa rr � ���,t�aaas+r���aro-ia��rra�r�'�r��a�r�-ray}�+Ir�ty-sararacr-��ce-�r�-t�aa� �raa�alat-�art�-�aa�rt-a�rr�° aa@a�w�•t�t�rwrPa`c��t•;-airt-sa•r•�ars~tlraa��ar��trra rastrlraa atrewer*rraaPrarrlararr�rrtkaaitrrrdaaarrlaaracaairarris alaarat+t�--w�t�r�ras���rat�a+�•+l�iw:�, A�a�trt'a�+�caaasar�taa � �„ a�t;.:�ar��rrtrta�a;�ak ° rt��tr-�`4�afra�ia�saa"raa-�aaalaras�rrr�d-ria-i�titra�araar��rr�-r�wrrr3a-aat�t����� aa�sa+ata�t'�r .° ,. 'a�wa�6::�-1-�r:trrrr�rt-{�ra�4aa�t�4iaiw�aa� • �rrti�ar�"° war���rrt,earrs�al�-lies aa���- • Baa= t��-e�a��rr, � . ��r-a�w�" a ' �r=v+�:kaa�-r�rwta�aa�a�N�"r�arar �eratt�=-a�t�a�r+�•+�w -t�a�r arr�7-taa�rrrart� t�r� a rr.�-��%rasarr�ar�aaaaa�r �a��+ra ��a"+�t �, ����t.. rat�rr�+aw�ra�aar rrre:--rrr� � t�a;�aa-t rr�asaramrr �r-1 �r•r��aaa a rad � �-•r+�aa�raa�taa�t�a"t�ra�„ awa��-arart-waar�a'la�������,�t�a�rr+�a.4�-r-r�rt+�-a+a l as ° -"�.��--dam-��a�-aa•rsrr��la; ta3w+err•��I�ati�t��rra��r•r�-t�a�r��tta�-tar•�saaat ��e�saas�aat-ray-�+?�€��aas�tiaw-�arrrs�rtt'raa;aa�r�t•�wa;rr�ra�tar'araa�r•, r�m�i�rata�c�t�aaa4�-�aa��ra���"w�c�a�a�a'w' +�raa�t�� a��e�-r•t�r�r �ai�ra.�- ~tE! a�sa�t� �aaa-t:.t+r'ae���arrt�=��4rr�-tar rt-�r�ra�-ter ara�arark�t�a�:�-aar�a�r�-(,a�ra� :�bla�tra��t��a��tt#� r3��raat�arra�aaatit�a�:-��aa�r��Pt��raar rra s+t ra �rr lr rr i+a a a ar ata+ « arwat rwraa r�r t is at P alt �taa rawwo: 4' W-eafie ",f --Ho �1t��rarat-iraaaa�ra'--tkaa�-��acra�:>-a�1:rraarraartt�aa�t-�rrta�-�c�rrr�a��-4�a�aaatreat-tr"°�.ta"aac�;axar= +a�aa-�r�'w+�a��i�a��~�a�aa4ra.ra�aia�rra-r��t�aaaa�a�a+:��a ,� �-�t�°---iaart�araraatrl�c;aa% tit ,:--� ��t�ra=t�a�a�4���ri��aattr�rr•� a+ ; .° wtd�ra�a=-t4arrt� �w -r�ara�;a�� aaa�tt�a+�ra���S,�a�r�ias�r�t•r�-t��a��rraa��saa=raacramm« •° a�aata��.��w�-rraaa�-aar- rrr a*rrr t�a;ara �-�a� w��a���-k�a�-�aarrt i�rra-awr � t�ataaara rr� ar�-aC aasta��;e�i cx PAGE 37 _... Additions and Deletions Report for AIA DocumentA20111-2017, CopyrephtQ 1911„ 1915, 1918,1925„ 1937,,1951,1958,1,961,1963,1966,197D, 1976, 1967, 1997" 2007 and 2017 by The American Inslitule of Architects, All rights reserved. WARNING This AIA0 Document is protected by t]°6. Gopyrtgbt Lava acrd 19 tnteroatlonal Treaties. Unauthorized reproduction or distribution of this AIA"" Document, or any portion of It,, may result in severe civil and criminal penalties, and wilt be prosecuted to the rnaxinaurn extent possible under tare law. This document was produced by AIA software at 16:2&46 ET on 11107120/9 under Order No.3956425 r13 which expire„,* on 10/2812020, and is not dor resale. '82957963 j User Notes*, 1�12w-14= �-ti�has-4weff-er +ull r+�~l�LLto a it has �.Fie 1latrta �a�r�vrrar�rr-with #1��`�tr,°�c,t lm'�o+�r�ts-„-t4��n�traut� 41- -1 • at<�- Wwarls-rs•-rta�ta�ra 41-4-�r�t►t:41-to�rt��+.1�nt�ela4e�sr�i4��staerrt�tc� tlae l�atatraot-arta aratil :��nt�-e�t-Timt�t�s maty-4�re�rla4aropri�it-1-1°-s�ruit-W�rk�»tit-irt-r�r�4rra�rsie-wit4trth-=��ittrr�r�t 1�Faia�rrrt'r�atlts,"� tla�st�°rneovr-th��r4.r�r�id-tlast�t�rr+tia�ta4d-I-at-tl� '�,n�t�+�kc��r�se: § 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-sh ill Contractor's sole cost atracl tasatscorrect 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 eafrc year period for cocrcct.ion. of the Work, shall not waive an waarrant' r'y 11 s fel° the Owner ;I he Owner shall give such notice promptly after discovery of the condition. Ia+r+rtla�ae-yriol lr�rrtstr&; t4�'sa'ar"1'to nitify ths' 1 r• -and- a�aa�ttt•acti�r�ltn-•opl�ear�• . ra�e�4l�ecarr�tiwaaa•„-t wnlv�s�tiarar;lat..t�a-r•�q#sia parlay ;tatattoand rraa4 alaiprrrala of=avam ralf 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. �2�� parr-purifararrct-i�aaa l"-"a�ak-lat�l dw�l at�-prta �' �•aflu �tia1=�aalrl�atirr-l�y�tlaa�•peri+ad�ta�aaa�tt+�'a�rltaratial*I��an�p#+�taa-arat�a= aapi�f-tlat-pnrti�a-ol=tlt+�"'�irk- § 12.2.2.3 The one-year period for correction of Work shall robe extended by corrective Work performed by the Contractor leu t 4his- cti l for that Work. § 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 w +n T ocunlentsand a all aattorne 's fees and Ex aerases related tllcreto iraalrlatlirltrB tllcart tlefl'rand. The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. 1l tlmart+aas 1a+taIitaatian its tlarretlaollracli rt�s►latirartl#aalaral +trate till garrtieara4:rray acti era breaaaatl?trwith reslrea t to the Contract shall be lrrauglat, oaa._a tle Circuit Court of lC orrm C C"o unly� Illinois PAGE 38 § 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 tirnely notice to the Architect of when and where tests and inspections are to be naade so that the Architect may be present for such procedures. Such costs, plat aw' shall be at the 0WHei CContractor'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 Additions and Deletions Report for AIA Document AM 1'-2017.00pyrigh1 191i,1915,1.918, 1925,1937, 195'1, 195tr 1961, 163, 1966, 1970, 1976, 1987, 196'7.2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING; This AW Document is protected by U.S. Copyright Law and 20 Intereatio'naf Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may r'es,uit in severe civil and crdminkat penattdes„ aintt will be prosecuted to rrae maximum extent possible under the iaw.1 his docurnent was produced by AIA software at 16 2a 4S ET oil 11107(2019 cinder Order No.395S425413 which expires can 10/2t112020, and Is not for resale. User Notes., (829,579634) the Contractor's expense. NotwilbstaI141jilf"Lilly other ternl..L)a_�loyision in this Article 13 to tile coqrain. Nr�jljyc.evcnk it's -c WL)rk.DLLm"�I11 �thereqfreveals defects ill materials or workal -shlt],12c.Il tile (.'(lntractor shal I reme �LAl Lcaui I costs and xpenscs A��s ciated wjth such testim&iYll —1ch is Eukited PAGE 39 6 Ym,aj+P,,dt+e-at4d--mlpa4 n Nr r r entr, '0 1!!��,Qwner acre h deleted. § 13.6 REGULATION §13,6.1...9 Whcncyq LJ.oro P-tall L11-e _recLucLst of the �rchitec!-2r Ownerthe Contractor or Subcontractor ",hall flurn ish theALq—hiteq�.j-,-1L1d the K "lid Federal.. State and I ocal I aws stat(kc-rces. utes -L - � —or d ILI anc-c S�r k I I qsr e �,t I I q! jo ns o r d q & -a aL mLL--ciscrinn—ition fc�q iL_ I state and local 1aws.jn��thout1162TIle ContracLqr hall cnlyyittte no limitation: §j3.6.2.1 Eqtgil Empipy rignt (.)ppqKqyjj!jp&AKt Anierican. with Disabilities Act and Hunian Right4s ActV J'ile Coil Liactor ac Lk- L nules id regulations PLLC —11fifiLliIii 1junw!L ach contractor have hi-p-Lij-ce � FLI lilts ions that e written sexual gjIloarmAdmL�(j) tile illqggli�y ot rrr a descri )tion of sox"111 harasm --- s,oilal —har's-ol-i-e-F-Itt utilizin exam allies, M.J±e legal rccours,,q inve nt ani t,ieCoji—iiiiissioliLa�-'(-,Lv,-Cllpr-otec—fl()n as lain it has g.NLritten sexuq harassment jqlicy in I'= in ful "x'75 1, LQ5,-SIL --I 0 5 A A 1(-4j�]Lh-e -C --q _ontr Ictor agreqs ct 775 LICS 5/1 - x, 101 ct se. to ful j limit ursuant to Section ?-1 O5ofthe Act. The Contractor further ijg� n) Ny wt )a fimitcd Id to the AmericaWith th Qj�abifitjes Act 42 Ni. .0 repallations ofthe Illinois DeDartment 01"FIL11111 and Contraactor~ slaaaNl be re aril'ed to c tlaa I with these s°trovisions canl if"anti to fife extent flee area . l cable entice the law. § .6.' 7Cs rc rrircal Na 'Nlhrtnis Naw ire flee evrerat, oftlae C oratractors nese-c own Banc e with tlar� rovisaons of flaw I';c trawl Em III the Rules and Re, lations Lure Illinois De a e declaLed i nble for �future �qontj� jng�l� sr bc ma lee canceled or voided in whole or ire arrt salad such other saaactions or penalties may be imposed or remedies invoked as Mq" follows: § 11.6.2.2.1 T!mCit_Lake �W I Q-T vj I I got d isc i�narita.lsta nal handicap o I's it will nd further that 01 i sa bi I tIxqCp LA) Classifications d will take appLQpKia-te arrofavrar°able clic AfflirnLative action to rect a ion. —Nt[q�& �j t3 a a nts will be Aforde staters � s tis onal ori in or art LIVO—Mmilitm —service. . .... . .... . .... Additions and Deletions Report for AIA Document A2011TM-2017. Copyright@ 1911,1915,1918.1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 21 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 document was produced by AIA software at 16*28:46 ET on 11/07/2019 under Order No, 3958425413 which expires on 10/28/2020, and is not for resale, ( User Notes: 829579634) 116.2,23 That it will §�jjb-. .. . .. ..... . !RLt-re (�E!s ns -L�-(Min-Ld-!)Y Lil I nent's Rules, Furnish- all relevant information as alas firoin: tirne to thne bIllinois -�Lr !h L le —colitUl !irl- agencV. and in ajLr %12.rLqLjonjply with the LLt I In agj;Ligjlets Act jat tjj�L'QgpartiTjqq1's I les. �lj _ _ - tu 11.622AThat it will.perinit access to all relevant books, rccgrLd,%accounts and work of the �egnlgacti tip agency all(] the DIL art� fior urpm§ , -J-11yestigation to ascertain compliance with thHuan e Illinois m - __ p—rtLqnp gjgjjjs 2,� rLd lie Delyartnig s:, Rules. &L.L _ qC__- 13.622.5'Fhat it will include vcL1?-qtjnj or J)y ref' j5,ions of t1fls clause in v . ubcontract it awards -9-9-y A --- under whictanv nortion of thContract, otil iggtions are undertaken orassumLd sothal�tticjjpro�Lisi is 111 bebindin .e. UJ)011 Stich subcontractor. In tWL"imile m-nianneul.M-V—isions 4 —Ihisenc atca-cttile Contractor M1L1Lq-!iable for :cora vN annce-whin-app.jkANowrrsrtans -of Llfl—sc laarmscbyAqc h s; .pLtL(jntraetors: and further it will.Wig II)tiv noti (lie .WL I)tiv noti contracting,yjgpIley and the Den r naennt in...the ever_icontractor fied Is or refuses to c therewith. In ,it an add it i (Mt the Cqntras..tqr will not u iii a a sftb rataaaettnr cclalLtd, by the I I I i n0j�j"jtlu 41 & i slatsCOMIlliSSiOnto be ttigli.gLIa!C for Contractors or subcontracts with the State of'lllitiois.,-O-rqLiy_2lLtis,polil.icaL ih0ivisions or nill n I'C' 'al Corporation, IL6..11C1nigis De �arlrqgntpf Lat)or Rqquirernents and Prcyailine Wave Act. §AI6.3.1 The actor a rer s tea ecarrr l wraln arnd tlafat this r°ea raiment is strla�eet ten arl�l�caver recti b 11a 116tno�is _(ILO ILCS 130/0.01 etsec i.) The Contractor.,hall C11SUrCthatan Still (anLrkigtorsshall cong) with the Illinois Prevaifin, )Kqge Aqt._ Contractor and Subgontr4qqrs shall include in Bids the cost for the current prevail ing wa C. As chan es �atre made �ln lain 2)Nrcyntiftium L� _�ynes. the Contractor an(] Subcontractors pSrrbtj-oijg, �ork c11-1!hunject Will -be-re-smonsible iter jconfornlingLo t 12hallhave the res p chatages are made. No Li4c—litional costs are to be incur[qLl by the CiAqciLs a result of cl !LN prelvailing wa le. A I I record keel,)' its are the ob igation of the Contractor and Subcontractors. Lng requireilIgn h I 1 .631 To the: eaturtinea the v arm p viol _of the Prevailin, Wage Act and ap_ydeillands are Iade p(n. the Qwite entofLaboror y any employee oft lie "or.....-tractor or a .r. oji:tractororAi-ctiitecti)�tl']CllliTI,OiSD . — Subcontrac rrierfortning work onLhe pro ct. the Contractor oI'll, tractor the articular Subcontractor and Contrac f shall he jg_ responsible for jndeinnil; jn , and holdilm, the Owner Contractor and Architect free a nd harmless front all costs c1litect in res ladin Lnadql)yic Departme S piloyce and %,.qay Lh amounts mbe wLflj1Lqjd k--- — be made oil alae. roiect. 11 is the intention ghat the Owner,-Contractor and Architect shall suffer no tinic lag's or other additional exp cases in coninlying with any iu gir ith and to this Acf, -------- SL_,y rnade_A:jpg,_ §j116.13 it shall be inandato!yutnorn alae C raartractor arnd upon: any Subcontractors thereof to,"a half laborers workman, and mechanics C 11 lqqyqMnot less than the orevailina waLyes in the locqlity for each craft or type qf workman or Inechani for le al holidays and overtime work its ascertained by the Illinois Depart low and statutes in such case made and MyidgiL each Subco 11tractor dial I lmake and jgqp� an �i.jLu 3 years. records of all laborers, MegLianics, ailLot[Le r workers cMpLowed by afrern ori tine l'ria�..12ecords sI-qL11_jnm111kRqgh worker s p- _r Orel Mssificati�01111 L11.91ni Ul qipq,jAqjg�ftgLne number when avqila[�jq, sockil sg� LuCq�Lnqmbc.,qla%sificatjqn w�Aj r)1thenuinbig g ofhours .worked each day,and the starting and jgLndit day; and (21submiLLn pLr5,onby mail or electronically a certified LL)ay_roll to the Owner ill clrLir Vroiect. The certifted payroll shall consist of co t. The certi red navroll shall L)L, ied byl sq ..Liv the Contractor and/or Subcontractor which avets- L11 that: 6) such rec9rds are true alIg accuratc-mil the hourly rate paid to each worker is not less than-Ole gq!15MA p!Lty a i I i I I sral e o ( It g kp _L -actor and/or Subcontractor is zly wages tt ge Act: an(] (60 the Conti L aware that rjl[ng it certilled yr Al that he or she knows to be false at, a Class [3 tnisdgli anor. The Contractqr."r� not pLohib[tgd LTom mly ingonthq _(jertification of a lower tier Subcontractor, provided the Contractor does not knowingly - --- — _ rely upon a Subcontractor's false certification. An CoLitractor —and/or S1Lb(zqntrqq . uNect to Liv ing Wage- ._Oy— jqLs J_ -E[q)qtjl Act who fails to submit a certified_ggypayrolloror knoAin�jlesqjhlsq L crt i I teLl peva-ll rs in violation of the P-r ja Wqg g.Class. B Inisdeing nor. 'Me records submitted in accordance with tile Prevailing _q,.Act .. ........ Additions and Deletions Report for AIA Document A201 TM —2017. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 22 International Treaties. Unauthorized reproduction or distribution of this AIA11 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 document was produced by AIA software at 16:28,46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale, User Notes: (829579634) herein shall bc corlsidered public I. 'cords, excent ,in empk -4� _!L �ecurit lo.ce'sa(h]j�cs ,(clo one nurnbcr, and social s, �5 �' number. and madeawailable in accordance with the Preedom of Information Act. § 'L -j3t6 -� Up n Z business dayLi oticP.A e atrrtr, e for atg] i(± jhgontractor shall Make mavainlable for i!jp Q 1!P records identified in the Prevailing Wage Act to the Owner irecharse—qLftttmm..pWj its officers and nt.s-nd age.a ------ to [lie Director of'Labor and his de ernes and ,r Lits. IjLion 2 b uiness days' notice the and each Subcontractor shall make such records available at all reasonableLiours atajocation within this State. l: ernent is subiect to and 116APublicContract rktudAct, Contriactoragrecs, to corno1v with and that This..A (L goyKr tic 11linois, Public Contract FraLqj_Act 30 11,CtS 54L 41,�yjiic _ 1. -, JQ PD- Public Construction Contract Act. Contractor a",r(es to comply with and that this Agi Mg.q_ is subjett to and governed. the Illinois truction Contract Act (30 ILCS 557/1 §.114& jLublicCoUitrL.�qfiq nd Act, to corn Av with and that this pgrqVl%LnLi -st ljgq 1(1� -.§ M! 4!10 gpoverned her the Illinois Public Construction Bond. Amt L30 11,CS 55040.1.1,jf the Contractor furnishes material or labor on the or entered into �1'n the Owner. Contractor first shall stj)L)Ly ancLdcliver to Owner a bond conditioned g>on 0—jetion 21-1* —the LDit—YI-C."Ll VnIent <')f such material and labor, qsregui!:Ld b tliellliiioisl"ublicCo�isti-tictiojiBoti:dAcL301,1,CS550/]_Ascj. _ �.6.7 eUblic Works PEefergig AcL Ctrr traa to r ttree:ter tom nly with and that this area Lss.L Lbjqct to and tavcrracel_iatLi�Illinois Public Works Prefexenqp I ctL 30 ILLS '560/0M) - nient qL111in s Act. Contractor agrccsto!�q Uiijy Eith and that that his _y __qis Workers on Public Work. A)r ertient is s govemed by the Illinois Employment offlfinois Workers oil Public Works Act QQJL(,�'t mregmoLi��� L70/Q,O [jz § 13.6.,9 Public Works Contract Qhajj&e (L)rj(cr_Act. Contractor agrees tea comply iMith grid that this Agreement is §1111 �Cct t S-1 § 13.6.11 Veter s, Preference Act. The Contractor it I I acre to comply—wift L_4 lit is subject i M _Lhat this Agreerne to and caverned by the Illinois Veterans Preference Aqj_Q'30 11.03 55/0.01) that, in the erne plar ymeat and al2pointment to fill Miiiworks undertaken or contracted for by the State, or byany polit tribers, of the artmd force ol'the United States or who, whiNe citmrc11s ofthe Cfrruted States were tnerriba rs oftlrt arrrred faarr es of allies of the United States in till1q..of of with �afbre . �gncoujtt �(and and simmcd under one or ntore of the fiollowin conditions: (1) the veteran served a total ot'at least 6 inonths, or (2) the veteran served for the duration of hostilities in the theater of operations but was discha;t L4 can the basis of a hbecause of a service.conneetcd oils Who are lbund to ijossessthe .business carmci necessarvror the. rolicr discharge of the duties Of SLIch subdivision orpers jn-!gorltracthr d'or se�P!I—blicwoCks distri ,L_qLgr residents, tfiqlaof who are not yeterans. 1? .&12 As used in I Liis—Secflon: `rim.L! of —1105tififig means any peer iod of tune in thelmst, pLescjjt,r"ar .frrttrre c,,itarttat which I dcclatajwqn M which an cLnMqn ab been or is in effect, that is recognized by the issuance of a 11rcsident.j., , roclamation or a Presidential executive order and in which the arined forces expedition-ax nic(iiilorother caiiipaignservig!LiiiedT1s are awarded according to Pi-poidentfial executive —order. Guard. Service in the Me shall also b considered seryi(qjn the AgLi cel Forces (afthe United States to), purpmsm-ol this Section, §13.. N3_l)rrt 1Frce Workplace. The Contractor certifies bv the execution our this Contract that the Contractor will p olace in corlmliance with the Illinois Drug Free Workplace Act (30 11,CS 580/1 et af,�L.j M�ide A drugfree w( I -L L Additions and Deletions Report for AIA Document A201' —2017. Copyright Q 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997, 2007 and 2017 by The Arrmican Institute of Architects. All rights reserved. WARNING: This AIA'11 Document Is protected by U.S. copyright Law and 23 International Treaties. Unauthorized: reproduction or distribution of this AIAO Document, or any portion of 14 may result In severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 1 1M7/201 9 untied Order tiro 3958425413 which expires on 10128/2020, and is not for regale, User Notes: (829579634) iItc6tl lrri #c isi an_c rc- i�3rr, rt rtotiilcatiolls,rt l-Q,aJng sIna,ilons frro iiin > ass is tat ice with cot iiise Iing, and a )ti lyitrgwith all otherwagttKrmeQemetits tai said Act. § 1.5141i1agirtaetC lct<ai�l l Fru C:csrrtrtar oatrrm5 that the C...orar�fa tabr,r„il),� or�rl�la�rr�a a; �rltl� Illinois law �at�a1 riot,brtiMgc3 g _�asa result of a convicii ton far t itlier trial-ril �ifita or l)id rotatin_ a tund!Lrrtia1q lITr°ir)i bialalirl mon tlu t cantract .3 1'.” o F the C!-iIiwantaI Co, dq.pa #!"16IA72Q 11th 5/33EJ � .1 l"lic Substance Abuse Preveritittn, viii l"ir ), it wot° F'r ugts r"t to 1 I l..[" d1L/ mcg ((q. "".pct"" aMi�rbjl t5 itr plea aatITtlie Contractor tar an Sarbc ntrtrcta>r ort tt,, tahl'ic vvortcs -Loj.g tcs r s 5 c a bu en Oct til influence of a dryo or alcohol as thgse tcnns are defined in than Aint,while perli)rmiily Agr on the proiect.. The Contractor/Subcontractor will a:or i ith Ce'Lli ficatiqLl 111,d other reuirgrji nts regarding wstim 111616 "['°lar cintractair rrtwasinnot _barred T oris untei;iai irtttr tlus cc)i)tl gra l)r cause of"stay clt 1pticlua aacyri the W,1l :.nt of' its tax adiininistrated by tie unless it is bein, contested. Contractor understands that, raalll l ),g,Amfalse statement re�a�Il wcfcjmiri�7uy in taxes is a (Jass A misderneanor_lg4 ill addition. voids flwte_c,aantract and allows the Owner to Z1g^c()ycr in a cirri'l action gl1 M1q! nts Dtiid ;to,t11e C'cintractor.. PAGE 43 § 1415 The Owner may,, i on seven 7 da s written notice to tyle Coi•rntractor terminate tf e Agri ement between, the C) raer arid C ontrT ctoi° without aatise. tf rn written rettug t and submittal a~tt,.t}i _) .rroriiate documentation as rimedlay the Ownerr the Owner shall Day the C &)ntracto,r tial al9 work pgrfi.trnietf y the Contractor to the d rte of termination Mat has be n_ttllprovecl by t g owngrW, 'Ric Ownerrtiifty,_u t the contractor executin such corlftrret•i�� a i rriit� erns i)s the Owiler slttrll recalust �accc t std assiirne alli of the Contractor's obligations Midi L elll subcontract qNg; uteri in_acuordance with thgLterrns of"the Contractl�oemtrrlcnts that may ticuttfg. tater the slate crt�strcl� to rmillation and that the Contractor has inuurr jjLg2orl faiih in cairaneettc?n with the Work.RJ ;tLn ru�ent�t ofr)c)tice c)f'terrrimnatib the Contractor shall cease,nll o o)I s on the date s 1ucrlied t) ty lze_C)w r?ri terminate wuba�prftracts not asstiiner3 b the wnc�akc nu urtlaer orders caimatcrial tam cattrlDri)c nt cor )t)lete work _i7 rt t rnirri�rted "it <iruy�, and rovra�du such r ray as may he rt!quested by the Owner and the Architect as to the status of"the .Work and the. Work k reit{olein t l apf qtut[~ The Owngr 5_i lit—to terininate thc; tITIT Lniract under this Section shall,hg,In addition to, anal jr Lt in limitation of its to sto he Work without terminatin the Contract. § 14.3.2 The Contract imi atid Gontfw4-Time shall be adjusted for increases in the oesteid-time caused by suspension, delay, or interruption under Section 14.3.1. A ljttst+ir)itt trttet tit sl . No adjustment shall be made to the extent A Claim is a demand or assertion by one of the parties to (lie Contract 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. PAGE 44 § 15.1.4.2 The Contract �' til tttrtiot-°.fime shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. 15.1.6.3 Delay caused by an Subcontractor shal l be tt)e i'a op_ nsibi ht tri the C:oiitractor "l°11e. C�ontritctor slittll therefi)re utasure that all Strbcciratrtictors tat ail tilaae rt)wicle sol"f icierit ersotatael ea tai )meat and materials to substantially com iete tl)e—Work in the titre tcc iiic�l licreirr. Additions and Deletions ReportforAIA DocumentA201TM-2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 24 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 underthe law. This document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) §.15.1.6A i'�o]t ac lclay occupy _nil ich is bgypnd i le Contractor s control, the Cogtra for has �n�a affirmative dulyjcl ofi ti sate tlae cffect ofHaat delay ota tlac pro r0.-,5! lac Work lH! without any ohli tltr lt_le1 heat _iny cost, Ali extegsion gf„tli!, Subst antial Corm eticiti date will not be g,uinted to the extent that the (rontractoa breaches ,aid 414—ty to Iln gg: The Contractor and wner-'+ w + waaavess Claims against ea lrthe Owner other for consequential damages arising out of or relating to this Contract. This m,waiver includes .1 daia�ages-inettrr�-l�y�tlttlwttor-lot°-cental ea�lat;ra�esm„ fit=los+�f-�a�sen laaetata prollp�iiaaa�+tag, l iaa r�r a di ra„matad f le lm is ttt a�t�'a r aiplc �l rodt►etivit. •. bl tla sei e assuc4i per sowja ,end .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. PAGE 45 § 15.2.1 Claims, excluding those 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 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. •Inept f those: laiitltded ley-tlai =a taitial-flee+tf ala�tli-latirrgt ” siert- ei�t •tom-r�tta�� �ati�t� a"it,ial�rii�rn�lata:�-t� tai'le " l�+tt 34fda�r-tla-mai , ry eea�-i"�3+aa=r�tc�-the-lit " '°': i�-9a'�htk-o�te��asaert�rra�the-�laia�t-iaaaderaa,�tl h�putr„alttiavithaaat a sillaavi- e� l lnless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.-r[4ie4 ifiot-61ee iaff,-Mo "44th ues tlie OwfaeM,4-aod� e+ t'" tiei t „ ESS-#B�-tlir.'w4fR ' " tai° § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall lae httril car bitaclirtaa tlpaies�l�t�at-;star liraaeiaraat�l; iti-paaftie�fdil4resoly+a-thein-dil�attth�°�rugh-ntedi�ttia„�t�i��rara�litag���tt�a resolutiown t be rural andbindinad subject to ither of the Parties, §�2:f�ther-pates-t�t�ty-I+le-foa•' ' tierrr-aaf-an-iaailial�t-aa�'y-�tia�,�tbjrt�ttla+e-tet�t�Ia,Seetia"al�fal-: . l?either-�arty� t�a�ty„ witl�ita#aye-1r�t1"ie"dat�t�l'�.ilat-��l�aaa�-lfai�n�i�i";-�:araairri�in-w °� ` aat�tlae +at rte"dile-1" "lint�iat�-leu etr�.�I-itnad�l4he-par+y--re°eeii���t,he�tlet��ia+l�ta.��Ie--fir-� "' ate a wai as+te rerelti pt�.a�a�at: " 'tire Additions and Deletions ReportforAIA DocumentA201' —2017. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and 25 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) §464 -Mediation -�r;�;•is���+w+r.�,-����;���tt�r���w.�w�•��w��;f-�y�•a�s�w�raw�l-���-r��-�-t9��r+�r�(�w�w„.�a��kr��».r�iw��v+�r4' ��Sm�����'e��� awrr-��srw:�-, . „:�,��r�t�:-�:''�%rt��-I�l�„}+�-�c�-wwr+�c�wt.�•a����r�r�iw�la�r�°r�r�•9r�-���r���.irw '�'1”-��a°f-�ai�,�l.r"-�r t����&�1�+�--L=�r���•�-i���w��r��w�-#���ri�;•wa���-we���r��brw-rw��wa��ll-ilk ��r-ry.,r�����4�•�-�w�i��w',�• ���r~:rr--iwa-�r�aiiw•tip+�r^scat�-��w�wwri�rw��i�-}�w•�•.wrr�i�ra�r-I�r;�wtr�" C+�a�ri�w��"w��*w3wr���••�ir�-+�d'��r�-t�a�-rfi�r�*��r�rtrr�w�: r� w r:��i��t�•�'t�w�-rrl��cikw��w� ����-I-r�rww�l+� r��..w��t�+a„ �+wwl+���Y-�-t�i�- ��: � , �rrr-�'�+kF�-(�t�rgra►��rwk;wrwlww�•t�www���wcai�"�� m-edi �e�•r��fa°#r�w�=�1a���t�+ir .°•.°,• ���-#�-r��r+�°�r"a��r�t-�a1=`-�la+w gra- ouir-aoder-A-f 0 --Ah :der«�icwt�-a�#�ae����4r�r��m�wtw+��-rt,w•��r�aest�e; �wet�w,w�#rr--�w9iep�seeu t�ir �� " � �w��r�€���i�t"��,-"rmera�-ie�c-��;w�ww�-sir+����e+r•-«��e��r�te<�•-vs�e��-�I�rat�r�•e�r c��'-et�t+i����r�frl��w�c�•�aaa�asl�r�wrr*�r������w�e„•.�:�er��wtraw�-�+rw���w����1 �t��i-Ne-aa� �w�e•�•e:�t�f�ra-�-�w�i�rr-;iii+'mew”�r:���wws�l;�•-reri�..���ktwrlr• ��r �i�e-��e�eai�i•�wCr�wa��w=-r'°�•��6��t��-•4�wewt�i��-�w�•-+r"r=�k�����+�+r� ���+te-re�r:wE�e�+-� �'�:� ' '�•i�wt�t�i�: °wry �J+a�t#r�'ewr�ae�°ar+�ee� 4ae1irw ew-we�� #ewtetaerrtt wwt�wt%b 1ac�'wlw epi "c•�w� e��fi?"w�r��e�i „ •-�ewa�rrrai��-.Fwaw"�eru�terew�l"-: §444•AfbHf joa -. �t�e ,° @�e����ee��-ire-r���t�i��ai�ii�ww�-�.t�►��e-�+w:�,elt��ai��i�►��ei"arC;-ems. 4f�-tea rk^rr�C�e'-�tec������ , �d��.ae-��i�k•1i�r���r•:����w&Mier-�r-f�i�ei�twi��l�t 1�r+�a�r�•1�-���er�f�r=�r��e�a��r���ttc►-a�w�st-�w���r-i��'"i��it�rr��i � .�� � . ae-��et�a��1 ,, �r�•F-t�4er��ae-�-�i���, .#�� %ii eft Itii iwaerdeiib" 1 Ore sir i„ riad-tt� �Wiw�wt�i�tx�- � •�iw�-�"w��v�t#� rrrtt�i�e�(�•�erfet �1•� pit" � , �';�" �rw4tr�i�a�r�t���r�:�m•iGae�t^r-let-tc•��8iet��r��-•-ael� �.,��' � ��i ." �i1iriial��i��ii�;• ••t�ra�il�ee� �x��-ari~'a�i� ii�i��i�i�x��e��aiE�i ° c�•ie��:w��� �� t eiiiiiw - ay rr�rt t err tau i wter fw t( ti w m ii t a 4e t o if t rtiett-o . r r. lei � .www-it�•ti� '�; �'t� . ' •ei�r���byra�-�i&tea=psi-�wtei��;��i--�.re-A•-w�l-jar ..i��.-�1i�ei=��r��w�-��-r ..•mow �i i�•a��r�:t�ti� .. aei��•r-�•r�rt•�`a-et .. .�w�-ei=•et�Ei��r4 ei��i�i�� e-�a�-•t��ef�ii��; �rt�e�ie tfe�ii�eY�raeip ��-�wi••ria-�ti�t�~�t�t. }tiiwi� ew°ei� ����w ' ••��wmt•�e�"' ��i�-w�bi���ata�"����tw-�t���w�l�rle-�wk�t�re�a�wra•r•c;-��t��+lyr•-��. �ir�ww��i=���-eeilGr'kt���i��••��rei-+����a�t�r�i�i��rita�ttaf�-a�eia�-i~f� i=i��rC�iw�#�•r���r���ear�r�e�w�; �e-Grew=-������.�i�a�-tra&��4�4���i�a�- }�t•�r�itr .• r`i�aa�-•�i��•�fi�asl�e�c�t���t�-�r��a#-.mm���=t�rs�wrr� ���-��w-t�r+kael�;��a�lsr,��ri"•ile&� sil i-N.(i►t Additions and Deletions Report for AIA Document A201TM-2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and 26 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 document was produced by AIA software at 16:28:46 ET on 11/0712019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) r°-��i�������1�••��t%t-.-��1�t-bs tr��l�����a1�-���%� °e��taa� ��r�t� ���a��+�_,�--�;4-������rr&-��� ��ta,+.�°��taa��. I�t��l��atl�y�ai���--�4e •I��t�• w��at��-t��#���1���&��-��� a��ri-��r�6. ; . =' i faa r tataa C" 1 1pi t ° 1 t at ... sr cat r tt t?y. tit a e l sal ltd, tte 1 � tit i...this at+aa;c-rli�Ffel�bE-tti'a&�a�a'��i��aa���aa;�si't1�st��: Additions and Deletions Report for AIA Document A201 *" —2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 27 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 document was produced by AIA software at 16:28:46 ET on 11/07/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) Certification of Document's Authenticity AIA® Document D401- - 2003 I, Village of Mount Prospect, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:28:46 ET on 11/07/2019 under Order No. 3958425413 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201TM — 2017, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Dated) AIA Document D401 T" — 2003. Copyright © 1992 and 2003 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 be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:28:46 ET on 11107/2019 under Order No.3958425413 which expires on 10/28/2020, and is not for resale. User Notes: (829579634) Bond No. 9292492 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Nante, legal status and address) Nicholas & Associates, Inc. 1001 Feehanville Drive Mt. Prospect, IL 60056 OWNER: (Maine, legal status and address) Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 CONSTRUCTION CONTRACT Date: November 5, 2019 Amount: $ 6,879,569.00 SURETY: (A'anue, legal staltts and principal place of business) Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056 Mailing Address for Notices This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Six Million Eight Hundred Seventy Nine Thousand Five Hundred Sixty Nine Dollars and 00/100 Description: Name and location) Village of Mount Prospect Maple Street Municipal Parking Deck BOND Date: November 8, 2019 (Not earlier than Construction Contract Dare) Amount: $ 6,879,569.00 Six Million Eight Hundred Seventy Nine Thousand Five Hundred Sixty Nine Dollars and 00/100 Modifications to tivs Bond: X❑ None ❑ See Section 16 CONTRACTOR AS PRINCIPAL Company: NicholaE Signature: Name and'1'itle: ���`�s���trritituutttr 6 g,/t�'/�°rr� SURETY Company: FtI ., � Fidelity and 'Signature: , (Cotporale t Company of Mrylar 985 Kimberly R. Holm Name Irr�LINO�?� and Title: Attorney -in -Fact ttuinir % (Any additional signatures appear on the last page of this Petforntance Bonn) (FOR INFOPULI TION ONLY — Maine, address and telephone) AGENT or BROKER: Brown & Brown of Illinois 263 Shuman Blvd., #110 Naperville, IL 60563 630-245-4600 S-1852/AS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Walker Consultants 2895 Greenspoint Parkway, #600 Hoffman Estates, IL 60010 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shalt be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies Ute Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If die Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract; additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of die Surety under Section 5; and liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to tmy person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fiimishcd, the intent is that this Bond shall be construed as a statutory bond and not as a common lawbond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalfor the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided beloip for adrlllional signatures of addedparties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Cda porate Seal) Company: "Signature: Name and Title: Address S-18521AS 8110 Signature. Name and Title: Address (Coapoa ate Seal) Bond No. 9292492 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Vance, legal status and address) Nicholas & Associates, Inc. 1001 Feehanville Drive Mt. Prospect, IL 60056 OWNER: (Vanie, legal status and address) Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 CONSTRUCTION CONTRACT Date: November 5, 2019 Amount: $ 6,879,569.00 SURETY: (Nance, legal status and principal place of business) Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056 Mailing Address for Notices This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modificatidn. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Six Million Eight Hundred Seventy Nine Thousand Five Hundred Sixty Nine Dollars and 00/100 Description: (Name and location) Village of Mount Prospect Maple Street Municipal Parking Deck BOND Date: November 8, 2019 (Not earlier than Construction Contract Date) Amount: $ 6,879,569.00 Six Million Eight Hundred Seventy Nine Thousand Five Hundred Sixty Nine Dollars and 00/100 Modifications to this Bond: X❑ None 18 18 CONTRACTOR AS PRINCIPAL "e' `, SURETY Company: (p.aORgI Company: (CorporateSeal 1t1*-I le Nicholas &Ass cute ,Inc. SEAL fidelity and Deposit Company of Marylan " J �A Signature: 1 1p Signature- �rc� � l� '�� �....... "" i be y R. Hglrne Name t ��. � �` Name "act and Title: psi �1/01tiiN�dlYbt�"��,0v and Title: Attorney -in -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFOR 4TION ONLY — Name, address and telephone) AGENT or BROKER: Brown & Brown of Illinois 263 Shuman Blvd., #110 Naperville, IL 60563 630-245-4600 S-2149/AS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Walker Consultants 2895 Greenspoint Parkway, #600 Hoffman Estates, IL 60010 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance o f the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days atter having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) clays after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8, The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. . S-2149/AS 8/10 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract• is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by la%v, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been fiimishcd to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of. this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant"to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S-2149/AS 8/10 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other Than those appearing on the covey - page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Ca porate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-2149/AS 8/10 SS STATE OF ILLINOIS COUNTY OF DuPAGE I, Ann Marie Waters Notary Public of Cook County, in the State of Illinois , do hereby certify that Kimberly R. Holmes Attorney -in -Fact, of the Fidelity and Deposit Company of Maryland who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered said instrument, for and on behalf of the Fidelity and Deposit Company of Mar land for the used and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Naperville in said County, this 8th day of November A.D., 2019. (Notary Public) Ann, Marne Water's My Commission expires: 07/05/2021 Notary Seal: 0 IF Fg C I A L. S EEA L. �W 6 1 b , y Bond Number 9292492 Obligee Vali° e, of Mt)Lutl Pres ewe l ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kimberly R. Hointes , its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SEAL By: Robert D. Murray Vice President"' By: Dawn E. Brown tq r Secretary State of Maryland County of Baltimore On this 19th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ;? ty;r�✓i.w Constance A. Dunn, Notary Public *��irrtirw4`� My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -,Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 8th day of November _,2019 SEAL Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 wee w rcp rfs claimse.zurichna.corn. 800-626-4577