PROJECT MANUAL FOR THE CONSTRUCTION OF THE …countertops, electric traction elevator, in-ground pool and equipment, fire protection, plumbing, HVAC, electrical, communications, fire

PROJECT MANUAL FOR THE CONSTRUCTION OF THE WINDHAM SENIOR & COMMUNITY CENTER

WINDHAM, CONNECTICUT

PREPARED BY ZLOTNICK CONSTRUCTION, INC., CONSTRUCTION MANAGER

JUNE 15, 2019

INDEX

I. INVITATION TO BID

II. INSTRUCTIONS TO BIDDERS

III. COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES CONTRACT COMPLIANCE AND REGULATIONS NOTIFICATION TO BIDDERS

IV. PERFORMANCE AND PAYMENT BONDS

V. BID BOND

VI. PREVAILING WAGE LABOR RATES

VII. BID FORM

VIII. TRADE CONTRACT AGREEMENT

IX. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (A201-2007)

X. BID PACKAGE NO. _____

XI. GENERAL INFORMATION FOR ALL BID PACKAGES

I. INVITATION TO BID FOR THE CONSTRUCTION OF THE NEW

WINDHAM SENIOR & COMMUNITY CENTER WINDHAM, CONNECTICUT

Zlotnick Construction, Inc., acting as Construction Manager for the new Windham Senior & Community Center will receive sealed bid proposals for one or more of the Bid Packages listed below for the Windham Senior & Community Center located on 1 Jillson Square, Willimantic. Bids will be received at the Town Engineer’s Office located at the Windham Town Hall, 979 Main Street, Willimantic, CT 06226, until 2:00 P.M. local time on July 18, 2019 and then at said place will be publicly opened and read aloud.

BID PACKAGES:

01A - Final Cleaning 08A - Openings 12A - Window Treatments 03A - Concrete 08B - Specialty Doors 13A - Pool 04A - Masonry 08C - Alum Storefront & Glzng 14A - Elevator 05A - Structural Steel 09A - Gypsum Drywall 21A - Fire Suppression 05B - Misc. Steel 09B - Acoustical 22A - Plumbing 06A - General Trades 09C - Wood Sports Flooring 23A - HVAC & DDC 06B - Millwork 09D - Flooring 26A - Electrical 07A - Insulation 09E - Painting 31A - Sitework & Site Concrete 07B - EIFS 10A - Specialties 32A - Fences & Gates 07C - Roofing 11A - Res. Applcs. & Food Svc. 32B - Landscaping & Irrigation 07D - Joint Sealants & Waterpf. 11B - Gym Equipment

Completed plans call for the construction of a new single-story structure including but not limited to: Cast-in place concrete, masonry, structural steel, metal fabrications, rough carpentry, architectural woodwork, insulation, water and air barriers, EIFS, asphalt shingles, TPO roof, and accessories, firestopping, joint sealants, expansion joints, doors, frames and hardware, coil and overhead doors, aluminum entry and storefronts, glazing, mirrors and glass film, gypsum assemblies, tile, acoustical ceilings, wood floors, resilient and carpet floors, wall covering, sound-absorptive panels, paint, signage, toilet compartments and accessories, operable partitions, plastic lockers, specialties, equipment, furnishings, residential casework and countertops, electric traction elevator, in-ground pool and equipment, fire protection, plumbing, HVAC, electrical, communications, fire alarm, earthwork, exterior improvements, and utilities.

The contract documents may be examined at the office of Zlotnick Construction, Inc. located at 161 Storrs Road, Mansfield Center, CT or at the Town Engineer’s Office at Windham Town Hall, 979 Main Street, Willimantic, CT 06226 between the hours of 8:00 AM and 5:00 PM, Monday through Thursday and 8:00 AM through 12:00 PM Friday, excluding holidays.

Bid plans and specifications may be obtained at Advanced Reprographics, LLC 50 Corporate Ave., Plainville, CT Phone: (860) 410-1020 or Web Address: www.advancedrepro.net or Email: [email protected] for the non-refundable cost of printing, plus shipping and sales tax.

For all bid packages, Payment and Performance Bonds (“P & P Bonds”) in the amount of not less than 100% of the contract value shall be presented as an add alternate on the provided bid form. P & P Bonds will be provided to Zlotnick Construction, Inc. The required AIA bond forms are included in the Project Manual.

This project is subject to State of Connecticut contract compliance requirements, including non-

discrimination statutes and set aside requirements. State law requires a minimum of 25% of the state funded portion of the contract to be set aside for award to subcontractors holding current certification from the Connecticut DAS. The contractor must demonstrate good faith effort to meet the 25% set aside goals.

Zlotnick Construction, Inc. and the Town of Windham reserve the right to waive any defect or any irregularity in any bid and reserve the right to reject any and all of the bids or any part thereof for any reason and to award the project to any bidder that the Town and Zlotnick Construction, Inc. believes is in either of their best interests.

A non-mandatory pre-bid conference and inspection tour will be held on June 25th, 2019 at 10:00 A.M. at the project site.

A bid bond or certified check, in the amount of ten percent (10%) of the total bid amount shall be required with all bids submitted. The required AIA Bond form is included in the Project Manual.

Bid proposals must be executed in accordance with and are subject to the instructions contained within the Specifications and Instructions to Bidders.

All bids must be submitted on the designated forms and in a clearly marked and sealed envelope as designated in the Instructions to Bidders.

All bids must be completely filled out when submitted. No bid may be withdrawn for a period of sixty (60) days subsequent to the opening of bids without the Town of Windham’s and Zlotnick Construction, Inc.’s written consent.

All bids and proposals are subject to, and must comply with the Commission on Human Rights and Opportunities Contract Compliance Regulations Notification to Bidders.

The Department of Administrative Services (DAS) contractor prequalification program (C.G.S. § 4a-100) is applicable. All subcontractors and all their sub-subcontractors with contract amounts of $500,000 or more must be DAS certified. Valid prequalification certificates and update statements must be submitted at the time of bid. The failure to submit such prequalification certificates and update statements will subject the bid to rejection.

END INVITATION

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II. INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

1.� Defined Terms ................................................................................................................... 2�2.� Copies of Bidding Documents ........................................................................................... 2�3.� Qualifications of Bidders - Licenses .................................................................................. 2�4.� Examination of Contract Documents and Site .................................................................. 3�5.� Availability of Site for Work ............................................................................................... 4�6.� Interpretations and Addenda ............................................................................................. 4�7.� Bid Security ....................................................................................................................... 4�8.� Contract Times .................................................................................................................. 4�9.� Liquidated Damages ......................................................................................................... 5�10.� Substitute and "Or Equal" Items ........................................................................................ 5�11.� Subcontractors .................................................................................................................. 5�12.� Bid Form ............................................................................................................................ 5�13.� Submission of Bids ............................................................................................................ 6�14.� Modification and Withdrawal of Bids ................................................................................. 6�15.� Opening of Bids ................................................................................................................. 6�16.� Bids to Remain Subject to Acceptance ............................................................................. 6�17.� Award of Contract ............................................................................................................. 6�18.� Contract Security ............................................................................................................... 7�19.� Signing of Trade Contract Agreement ............................................................................... 7�20.� Sales Taxes ...................................................................................................................... 7�21.� Retainage .......................................................................................................................... 7�22.� Insurance Requirements ................................................................................................... 7�23.� Emergency/Non-working Hour Availability ........................................................................ 8�24.� Wage Rates ...................................................................................................................... 8�25.� OSHA Training .................................................................................................................. 8�26.� Commission on Human Rights and Opportunities Contract Compliance Regulations ...... 8�27.� Commission on Human Rights and Opportunities Contract Compliance Regulations

Notification to Bidders ....................................................................................................... 8�28.� Form of Trade Contract Agreement between Trade Contractor and Zlotnick

Construction, Inc. .............................................................................................................. 9�29.� Performance and Payment Bond Forms ........................................................................... 9�30.� Bid Bond Form .................................................................................................................. 9�

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INSTRUCTIONS TO BIDDERS

1. Defined Terms

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1 Architect - Quisenberry Arcari Malik, LLC (QAM)

1.2 Bidder - one who submits a Bid directly to CM/OWNER as distinct from a sub-bidder, who submits a bid to a Bidder.

1.3 Construction Manager (CM) - the CM is Zlotnick Construction, Inc. (ZCI)

1.4 Location – The project location is 1 Jillson Square which is bordered by Main, Valley and Jackson Streets.

1.5 Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered, in this case, Zlotnick Construction, Inc. (CM).

1.6 Reprographer – Advanced Reprographics, LLC, 50 Corporate Avenue, Plainville, CT

1.7 Owner - the OWNER is the Town of Windham, Connecticut.

1.8 Successful Bidder - the lowest, responsible, responsive and qualified Bidder to whom the CM (on the basis of OWNER'S consent as hereinafter provided) makes an award.

2. Copies of Bidding Documents

2.1 Complete sets of the Bidding Documents, stated in the Invitation to Bid, may be obtained from Advanced Reprographics, LLC (860) 410-1020 or at www.advancedrepro.net or [email protected] for the non-refundable cost of printing, plus shipping and sales tax.

2.2 Complete sets of Bid Documents must be used in preparing Bids. Neither the CM nor the Owner assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

2.3 The CM and Owner in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

3. Qualifications of Bidders - Licenses

3.1 All bidders must have prior experience consisting of no less than three similar projects with an equal or greater value within the last five years.

3.2 All bidders and subcontractors must have a worker's compensation Experience Modification Rate (EMR) of 1.0 or less or be subject to rejection. Bidders must


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provide verification of experience with each proposal.

4. Examination of Contract Documents and Site

4.1 It is the responsibility of each Bidder before submitting a Bid:

4.1.1 To examine thoroughly the Contract Documents and other related data identified in the Bid Documents (including "technical data" referred to below);

4.1.2 To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance of furnishing of the Work;

4.1.3 To consider Federal, State and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

4.1.4 To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and,

4.1.5 To promptly notify CM of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents.

4.2 Information and data shown or indicated in the Bid Documents or Contract Documents, or any other information provided by CM or Owner, with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to the Town by owners of such Underground Facilities or others. The CM and the Town of Windham do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.3 Before submitting a Bid, each Bidder will be responsible, at its sole cost, to obtain such additional data, to form judgments and/or to make assessments concerning conditions at the Site which Bidder believes may affect cost, progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences of procedures of construction to be employed by Bidder and safety precautions and programs incidental thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.4 The CM can arrange Bidder access to the Site to obtain additional data, to form judgments and/or to make assessments as referenced in 4.3 above as each Bidder deems necessary for submission of a Bid. Please contact CM to arrange access.

4.5 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the particular Bid Package and Contract Documents, that Bidder has given CM written notice of all conflicts, errors, ambiguities and discrepancies that


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Bidder has discovered in the Contract Documents and the written resolutions thereof by QAM via Addendum are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5. Availability of Site for Work

The Site upon which the Work is to be performed is identified in the Contract Documents. All additional lands and access thereto required for facilities, equipment and/or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by the selected Bidder.

6. Interpretations and Addenda

6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to the CM. Interpretations or clarifications considered necessary by the CM in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the CM as having received the Bidding Documents. Questions received less than five days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding or Contract Documents as deemed advisable by OWNER, CM or QAM.

7. Bid Security

7.1 Each Bid must be accompanied by Bid security made payable to OWNER in an amount of ten percent (10%) of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond.

7.2 The Bid security of Successful Bidder will be retained until such Bidder has executed the form of Trade Contract Agreement between the selected bidder and CM that is included in the Bid Documents without any revisions or changes, furnished the required contract security and met the other conditions of the Bid Documents and the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Trade Contract Agreement and furnish the required contract security within fifteen days after the Notice of Award, OWNER or CM may annul the Notice of Award and the Bid security of the Bidder will be forfeited. The Bid security of other Bidders whom OWNER or CM believe have a reasonable chance of receiving the award may be retained by OWNER or CM until sixty (60) days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security for Bids that are not competitive will be returned within seven days after the Bid opening.

8. Contract Times

The anticipated Project start date is August 19th, 2019. The anticipated Project completion date is December 5th, 2020. TIME IS OF THE ESSENCE in the performance of the work covered by any of the Bid Packages.


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9. Liquidated Damages

Liquidated damages shall be [TBD] per calendar day.

10. Substitute and "Or Equal" Items

Trade Contracts will be on the basis of services, materials and equipment described in the particular Bid Packages and related Technical Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Technical Specifications that a substitute or "or- equal" item of services, material or equipment may be furnished or used by a trade contractor, if acceptable to CM, QAM and the TOWN, application for such acceptance will not be considered until after the Effective Date of the Trade Contract Agreement.

11. Subcontractors

11.1 The successful TRADE CONTRACTOR shall not employ any Subcontractor, or other person or organization, whether initially or as a substitute, against whom the TOWN or CM may have reasonable objection.

11.2 The identity of all Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of services, materials or equipment) shall be submitted to CM immediately after selection of the successful TRADE CONTRACTOR, for acceptance by CM and the TOWN, and, if TRADE CONTRACTOR has submitted such a list thereof in accordance with this Paragraph 11.2, the TOWN’S and/or CM’s acceptance may be revoked on the basis of reasonable objection after due investigation, in which case TRADE CONTRACTOR shall submit an acceptable substitute. No acceptance by the TOWN or CM of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the TOWN or CM to reject defective, non-conforming or unworkmanlike Work.

12. Bid Form

12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the CM.

12.2 All blanks on the Bid Form must be completed by printing in black ink or by typewriter.

12.3 Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5 All names must be typed or printed in black ink below the signature.


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12.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.7 The address and telephone number for communications regarding the Bid must be shown.

12.8 Evidence of authority to conduct business as an out-of-state corporation in Connecticut where the Work is to be performed shall be provided. State of Connecticut contractor's license number, if any, must also be shown.

13. Submission of Bids

Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the project title and name, address and telephone number of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

14. Modification and Withdrawal of Bids

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

15. Opening of Bids

Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternatives (if any) will be made available to Bidders after the opening of Bids.

16. Bids to Remain Subject to Acceptance

All Bids will remain subject to acceptance for sixty (60) days after the date of the Bid opening, but the TOWN and CM may, in their sole discretion, release any Bid and return the Bid security prior to that date.

17. Award of Contract

The TOWN and CM reserve the right to reject any or all Bids, including without limitation the rights to reject any or all non-conforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder, if the TOWN and CM believe that it would not be in their best interests or the best interest of the Project to make an award to that Bidder whether because the Bid is not responsive, the Bidder is unqualified, non-responsible or of doubtful financial ability, or the Bidder’s performance on any past project was not acceptable based upon the sole discretion of the Town or CM.

The TOWN and CM also reserve the right to waive any defect or any irregularities in any bid. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.


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17.1 In evaluating Bids, the TOWN and CM will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements.

17.2 The TOWN and CM may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed by a Bidder for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted.

17.3 The TOWN and CM may conduct such investigations as they deem necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the TOWN’S and CM’s satisfaction.

17.4 If the contract is to be awarded, it will be awarded to lowest qualified, responsible and responsive Bidder.

17.5 If the contract is to be awarded, CM will give Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

18. Contract Security

See Invitation to Bid.

19. Signing of Trade Contract Agreement

When CM gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Trade Contract Agreement between Trade Contractor and CM with all other written Contract Documents attached. Within ten (10) days thereafter, the successful bidder shall sign and deliver the required number of counterparts of the Trade Contract Agreement and attached documents to CM with the required Bonds. Within ten (10) days thereafter, CM shall deliver one fully signed counterpart to TRADE CONTRACTOR. The Trade Contract Agreement must be signed and returned without any revisions, edits, deletions or changes to any of the terms.

20. Sales Taxes

The TOWN is exempt from Connecticut State Sales Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price.

21. Retainage

Five percent (5%) of the project cost will be retained until final completion of the Project.

22. Insurance Requirements

General Liability $1,000,000 ea./$2,000,0000

aggregateAutomotive Liability $1,000,000Workmen's Compensation Statutory


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Employer’s Liability Umbrella

$100,000$5,000,000

*If these requirements cannot be met, notify CM.*

23. Emergency/Non-working Hour Availability

The Trade Contractor shall provide three phone numbers for emergencies. Failure to immediately respond to emergencies or other non-working hour problems will result in corrective work being performed by Town forces or other parties. The cost of Town forces or other parties will be deducted from the Trade Contractor’s next pay requisition.

24. Wage Rates

The wages paid to the mechanic, laborers or workman employed upon the work herein contracted to be done shall be at a rate equal to the rate of wages prevailing for the same work in the same trade or occupation in the Willimantic area as determined by the Labor Commission of the State of Connecticut. See Section 31-53 of the General Statutes of the State of Connecticut. State of Connecticut Wage Rates apply to this project and are attached to these Specifications and Instructions to Bidders.

25. OSHA Training

The Trade Contractor shall submit documentation prior to starting work that his employees have completed the 10 hour OSHA Construction Safety and Health Course.

26. Commission on Human Rights and Opportunities Contract Compliance Regulations

The contractor who is selected to perform this State project must comply with CONN. GEN. STAT. §§ 4a-60, 4a-60a, 4a-60g, and 46a-68b through 46a-68f, inclusive, as amended by June 2015 Special Session Public Act 15-5.

State law requires a minimum of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut Department of Administrative Services (“DAS”) under the provisions of CONN. GEN. STAT. § 4a-60g. (25% of the work with DAS certified Small and Minority owned businesses and 25% of that work with DAS certified Minority, Women and/or Disabled owned businesses.) The contractor must demonstrate good faith effort to meet the 25% set-aside goals.

For municipal public works contracts and quasi-public agency projects, the contractor must file a written or electronic non-discrimination certification with the Commission on Human Rights and Opportunities. Forms can be found at: http://www.ct.gov/opm/cwp/view.asp?a=2982&q=390928&opmNav_GID=1806

27. Commission on Human Rights and Opportunities Contract Compliance Regulations Notification to Bidders

See form attached


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28. Form of Trade Contract Agreement between Trade Contractor and Zlotnick Construction, Inc.

See form attached

29. AIA A201-2007 General Conditions

See form attached

30. Performance and Payment Bond Forms

See forms attached

31. Bid Bond Form

See form attached

III. CHRO Information

STATE OF CONNECTICUT NONDISCRIMINATION CERTIFICATION — Affidavit

By Entity

For Contracts Valued at $50,000 or More

Form C

01-13-2016

Documentation in the form of an affidavit signed under penalty of false statement by a chief executive

officer, president, chairperson, member, or other corporate officer duly authorized to adopt corporate,

company, or partnership policy that certifies the contractor complies with the nondiscrimination

agreements and warranties under Connecticut General Statutes §§ 4a-60 and 4a-60a, as amended

INSTRUCTIONS:

For use by an entity (corporation, limited liability company, or partnership) when entering into any contract type with the State of Connecticut valued at $50,000 or more for any year of the contract. Complete all sections of the form. Sign form in the presence of a Commissioner of Superior Court or Notary Public. Submit to the awarding State agency prior to contract execution.

AFFIDAVIT:

I, the undersigned, am over the age of eighteen (18) and understand and appreciate the obligations of

an oath. I am of , an entity

Signatory’s Title Name of Entity duly formed and existing under the laws of .

Name of State or Commonwealth I certify that I am authorized to execute and deliver this affidavit on behalf of

and that

Name of Entity Name of Entity

has a policy in place that complies with the nondiscrimination agreements and warranties of Connecticut General Statutes §§ 4a-60 and 4a-60a, as amended.

Authorized Signatory

Printed Name

Sworn and subscribed to before me on this day of , 20 .

Commissioner of the Superior Court/ Notary Public Commission Expiration Date

Checklist for Contractors

On Municipal Public Works Contracts

Effective October 1st, 2015

☐ Attend pre-bid meeting (if applicable)

☐ Discuss any parts of the contract that require special materials, equipment or installation that

cannot be subcontracted (e.g. specialized medical equipment that can be installed by specific

companies only)

☐ Complete non-discrimination affidavit form and submit to CHRO (email [email protected])

(This only needs to be done once every twelve months- check contractor affidavit list)

☐ Submit bid documents (be sure to read CHRO language and set-aside requirements)

(complete the Notification to Bidders/Contract Compliance Monitoring Report - which is included

in the bid information - and return with your bid)

Selected Contractor

For projects greater than $50,000 but less than $500,000 in state funds

☐ Review award notice from municipality and follow instructions

☐ If contractor has less than 50 employees submit a Set-Aside Plan to CHRO within 30 days

of execution of contract

☐ Contractors with 50 or more employees shall file an Affirmative Action Plan within 30

days of the execution of contract

For projects equal to or greater than $500,000 in state funds

☐ Review the intent to award notice from municipality and follow instructions

☐ Submit an Affirmative Action Plan to CHRO prior to award of contract

☐ Receive approval of Affirmative Action Plan prior to award of contract

Other filing requirements

☐ Send a copy of a letter of transmittal to the municipality to confirm an Affirmative Action Plan or

Set-Aside Plan was filed with CHRO

☐ File monthly reports as required

☐ Monthly Employment Utilization Report (257/257a)

☐ Monthly SBE/MBE Status Report (258/258a)

☐ Monthly Materials Consumption Report (259)

☐ Cumulative Employment Utilization Report for end of project (257b)

☐ Respond to request for closeout documents from CHRO, including, but not limited to:

☐ Final SBE/MBE Status Report (258/258a)

☐ Lien Waivers

☐ Letter of Substantial Completion (when applicable)

http://www.ct.gov/opm/cwp/view.asp?a=2982&q=390928&opmNAV_GID=1806

mailto:[email protected]

http://www.ct.gov/chro/cwp/view.asp?a=2525&Q=577454&PM=1

http://www.ct.gov/chro/lib/chro/notificationtobidders_2.pdf

http://www.ct.gov/chro/lib/chro/Set-Aside_Format_-_Aug_2010.pdf

http://www.ct.gov/chro/lib/chro/AAP_Format-Aug_2010.pdf

http://www.ct.gov/chro/lib/chro/Instructions_for_Filing_Forms.pdf

http://www.ct.gov/chro/lib/chro/257s.pdf


http://www.ct.gov/chro/lib/chro/259.pdf

http://www.ct.gov/chro/lib/chro/257b.pdf


COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES CONTRACT COMPLIANCE REGULATIONS

NOTIFICATION TO BIDDERS (Revised 09/3/15)

The contract to be awarded is subject to contract compliance requirements mandated by Sections 4a-60 and 4a- 60a of the Connecticut General Statutes; and, when the awarding agency is the State, Sections 46a-71(d) and 46a-81i(d) of the Connecticut General Statutes. There are Contract Compliance Regulations codified at Section 46a-68j-21 through 43 of the Regulations of Connecticut State Agencies, which establish a procedure for awarding all contracts covered by Sections 4a-60 and 46a-71(d) of the Connecticut General Statutes.

According to Section 46a-68j-30(9) of the Contract Compliance Regulations, every agency awarding a contract subject to the contract compliance requirements has an obligation to “aggressively solicit the participation of legitimate minority business enterprises as bidders, contractors, subcontractors and suppliers of materials.” “Minority business enterprise” is defined in Section 4a-60 of the Connecticut General Statutes as a business wherein fifty-one percent or more of the capital stock, or assets belong to a person or persons: “(1) Who are active in daily affairs of the enterprise; (2) who have the power to direct the management and policies of the enterprise; and (3) who are members of a minority, as such term is defined in subsection (a) of Section 32-9n.” “Minority” groups are defined in Section 32-9n of the Connecticut General Statutes as “(1) Black Americans . . . (2) Hispanic Americans . . . (3) persons who have origins in the Iberian Peninsula . . . (4)Women . . . (5) Asian Pacific Americans and Pacific Islanders; (6) American Indians . . .” An individual with a disability is also a minority business enterprise as provided by Section 4a-60g of the Connecticut General Statutes. The above definitions apply to the contract compliance requirements by virtue of Section 46a-68j-21(11) of the Contract Compliance Regulations.

The awarding agency will consider the following factors when reviewing the bidder’s qualifications under the contract compliance requirements:

(a) the bidder’s success in implementing an affirmative action plan; (b) the bidder’s success in developing an apprenticeship program complying with Sections 46a-68-1 to

46a-68-17 of the Administrative Regulations of Connecticut State Agencies, inclusive; (c) the bidder’s promise to develop and implement a successful affirmative action plan; (d) the bidder’s submission of employment statistics contained in the “Employment Information

Form”, indicating that the composition of its workforce is at or near parity when compared to the racial and sexual composition of the workforce in the relevant labor market area; and

(e) the bidder’s promise to set aside a portion of the contract for legitimate minority business enterprises. See Section 46a-68j-30(10)(E) of the Contract Compliance Regulations.

INSTRUCTIONS AND OTHER INFORMATION

The following BIDDER CONTRACT COMPLIANCE MONITORING REPORT must be completed in full, signed, and submitted with the bid for this contract. The contract awarding agency and the Commission on Human Rights and Opportunities will use the information contained thereon to determine the bidders compliance to Sections 4a-60 and 4a-60a CONN. GEN. STAT., and Sections 46a-68j-23 of the Regulations of Connecticut State Agencies regarding equal employment opportunity, and the bidder’s good faith efforts to include minority business enterprises as subcontractors and suppliers for the work of the contract.

1) Definition of Small Contractor Section 4a-60g CONN. GEN. STAT. defines a small contractor as a company that has been doing business under the same management and control and has maintained its principal place of business in Connecticut for a one year period immediately prior to its application for certification under this section, had gross revenues not exceeding fifteen million dollars in the most recently completed fiscal year, and at least fifty-one percent of the ownership of which is held by a person or persons who are active in the daily affairs of the company, and have the power to direct the management and policies of the company, except that a nonprofit corporation shall be construed to be a small contractor if such nonprofit corporation meets the requirements of subparagraphs (A) and (B) of subdivision 4a-60g CONN. GEN. STAT.

2) Description of Job Categories (as used in Part IV Bidder Employment Information) (Page 2)

MANAGEMENT: Managers plan, organize, direct, and control the major functions of an organization through subordinates who are at the managerial or supervisory level. They make policy decisions and set objectives for the company or departments. They are not usually directly involved in production or providing services. Examples include top executives, public relations managers, managers of operations specialties (such as financial, human resources, or purchasing managers), and construction and engineering managers. BUSINESS AND FINANCIAL OPERATIONS: These occupations include managers and professionals who work with the financial aspects of the business. These occupations include accountants and auditors, purchasing agents, management analysts, labor relations specialists, and budget, credit, and financial analysts. MARKETING AND SALES: Occupations related to the act or process of buying and selling products and/or services such as sales engineer, retail sales workers and sales representatives including wholesale. LEGAL OCCUPATIONS: In-House Counsel who is charged with providing legal advice and services in regards to legal issues that may arise during the course of standard business practices. This category also includes assistive legal occupations such as paralegals, legal assistants. COMPUTER SPECIALISTS: Professionals responsible for the computer operations within a company are grouped in this category. Examples of job titles in this category include computer programmers, software engineers, database administrators, computer scientists, systems analysts, and computer support specialists ARCHITECTURE AND ENGINEERING: Occupations related to architecture, surveying, engineering, and drafting are included in this category. Some of the job titles in this category include electrical and electronic engineers, surveyors, architects, drafters, mechanical engineers, materials engineers, mapping technicians, and civil engineers. OFFICE AND ADMINISTRATIVE SUPPORT: All clerical-type work is included in this category. These jobs involve the preparing, transcribing, and preserving o f written communications and records; collecting accounts; gathering and distributing information; operating office machines and electronic data processing equipment; and distributing mail. Job titles listed in this category include telephone operators, bill and account collectors, customer service representatives, dispatchers, secretaries and administrative assistants, computer operators and clerks (such as payroll, shipping, stock, mail and file).

BUILDING AND GROUNDS CLEANING AND MAINTENANCE: This category includes occupations involving landscaping, housekeeping, and janitorial services. Job titles found in this category include supervisors of landscaping or housekeeping, janitors, maids, grounds maintenance workers, and pest control workers. CONSTRUCTION AND EXTRACTION: This category includes construction trades and related occupations. Job titles found in this category include boilermakers, masons (all types), carpenters, construction laborers, electricians, plumbers (and related trades), roofers, sheet metal workers, elevator installers, hazardous materials removal workers, paperhangers, and painters. Paving, surfacing, and tamping equipment operators; drywall and ceiling tile installers; and carpet, floor and tile installers and finishers are also included in this category. First line supervisors, foremen, and helpers in these trades are also grouped in this category. INSTALLATION, MAINTENANCE AND REPAIR: Occupations involving the installation, maintenance, and repair of equipment are included in this group. Examples of job titles found here are heating, ac, and refrigeration mechanics and installers; telecommunication line installers and repairers; heavy vehicle and mobile equipment service technicians and mechanics; small engine mechanics; security and fire alarm systems installers; electric/electronic repair, industrial, utility and transportation equipment; millwrights; riggers; and manufactured building and mobile home installers. First line supervisors, foremen, and helpers for these jobs are also included in the category. MATERIAL MOVING WORKERS: The job titles included in this group are Crane and tower operators; dredge, excavating, and lading machine operators; hoist and winch operators; industrial truck and tractor operators; cleaners of vehicles and equipment; laborers and freight, stock, and material movers, hand; machine feeders and offbearers; packers and packagers, hand; pumping station operators; refuse and recyclable material collectors; and miscellaneous material moving workers.

PRODUCTION WORKERS: The job titles included in this category are chemical production machine setters, operators and tenders; crushing/grinding workers; cutting workers; inspectors, testers sorters, samplers, weighers; precious stone/metal workers; painting workers; cementing/gluing machine operators and tenders; etchers/engravers; molders, shapers and casters except for metal and plastic; and production workers.

3) Definition of Racial and Ethnic Terms (as used in Part IV Bidder Employment Information) (Page 3)

White (not of Hispanic Origin)-All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. Black (not of Hispanic Origin)-All persons having origins in any of the Black racial groups of Africa. Hispanic- All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

Asian or Pacific Islander- All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes China, India, Japan, Korea, the Philippine Islands, and Samoa. American Indian or Alaskan Native- All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.

BIDDER CONTRACT COMPLIANCE MONITORING REPORT

PART 1 – Bidder Information Company Name: Street Address: City & State: Chief Executive:

Bidder Federal Employer Identification Number: Or Social Security Number:

Major Business Activity: (brief description)

Bidder Identification (response optional/definitions on page 1) -Bidder is a small contractor? Yes No -Bidder is a minority business enterprise? Yes No (If yes, check ownership category) Black Hispanic Asian American American Indian/Alaskan Native Iberian Peninsula Individual(s) with a Physical Disability Female -Bidder is certified as above by State of CT? Yes No

Bidder Parent Company: (If any) Other Locations in CT: (If any)

PART II - Bidder Nondiscrimination Policies and Procedures 1. Does your company have a written Affirmative Action/Equal Employment Opportunity statement posted on company bulletin boards? Yes No

7. Do all of your company contracts and purchase orders contain non-discrimination statements as required by Sections 4a-60 & 4a-60a Conn. Gen. Stat.? Yes No

2. Does your company have the state-mandated sexual harassment prevention in the workplace policy posted on company bulletin boards? Yes No

8. Do you, upon request, provide reasonable accommodation to employees, or applicants for employment, who have physical or mental disability? Yes No

3. Do you notify all recruitment sources in writing of your company’s Affirmative Action/Equal Employment Opportunity employment policy? Yes No

9. Does your company have a mandatory retirement age for all employees? Yes No

4. Do your company advertisements contain a written statement that you are an Affirmative Action/Equal Opportunity Employer? Yes No

10. If your company has 50 or more employees, have you provided at least two (2) hours of sexual harassment training to all of your supervisors? Yes No N/A

5. Do you notify the Ct. State Employment Service of all employment openings with your company? Yes No

11. If your company has apprenticeship programs, do they meet the Affirmative Action/Equal Employment Opportunity requirements of the apprenticeship standards of the Ct. Dept. of Labor? Yes No N/A

6. Does your company have a collective bargaining agreement with workers? Yes No

6a. If yes, do the collective bargaining agreements contain non-discrimination clauses covering all workers? Yes No 6b. Have you notified each union in writing of your

commitments under the nondiscrimination requirements of contracts with the state of CT? Yes No

12. Does your company have a written affirmative action Plan? Yes No If no, please explain. 13. Is there a person in your company who is responsible for equalemployment opportunity? Yes No If yes, give name and phone number:

Part III - Bidder Subcontracting Practices (Page 4)

1. Will the work of this contract include subcontractors or suppliers? Yes No 1a. If yes, please list all subcontractors and suppliers and report if they are a small contractor and/or a minority business enterprise. (defined on page 1 / use additional sheet if necessary)

1b. Will the work of this contract require additional subcontractors or suppliers other than those identified in 1a. above? Yes No

PART IV - Bidder Employment Information Date: JOB CATEGORY * OVERALL

TOTALS WHITE (not of Hispanic origin) BLACK (not of Hispanic

origin) HISPANIC ASIAN or

PACIFIC ISLANDER

AMERICAN INDIAN or ALASKAN NATIVE

Male Female

Male Female Male Female Male Female Male Female

Management

Business & Financial Ops Marketing & Sales

Legal Occupations

Computer Specialists

Architecture/Engineering

Office & Admin Support

Bldg/ Grounds Cleaning/Maintenance

Construction & Extraction

Installation , Maintenance

& Repair

Material Moving Workers

Production Occupations

TOTALS ABOVE

Total One Year Ago

FORMAL ON THE JOB TRAINEES (ENTER FIGURES FOR THE SAME CATEGORIES AS ARE SHOWN ABOVE)

Apprentices

Trainees

*NOTE: JOB CATEGORIES CAN BE CHANGED OR ADDED TO (EX. SALES CAN BE ADDED OR REPLACE A CATEGORY NOT USED IN YOUR COMPANY)

PART V - Bidder Hiring and Recruitment Practices (Page 5)

1. Which of the following recruitment sources are used by you? (Check yes or no, and report percent used)

2. Check (X) any of the below listed

requirements that you use as a hiring qualification

(X)

3. Describe below any other practices or actions that you take which show that you hire, train, and promote employees without discrimination

SOURCE YES NO

% of applicants provided by source

State Employment Service

Work Experience

Private Employment Agencies

Ability to Speak or Write English

Schools and Colleges Written Tests

Newspaper Advertisement

High School Diploma

Walk Ins College Degree

Present Employees Union Membership

Labor Organizations Personal Recommendation

Minority/Community Organizations

Height or Weight

Others (please identify) Car Ownership

Arrest Record

Wage Garnishments

Certification (Read this form and check your statements on it CAREFULLY before signing). I certify that the statements made by me on this BIDDER CONTRACT COMPLIANCE MONITORING REPORT are complete and true to the best of my knowledge and belief, and are made in good faith. I understand that if I knowingly make any misstatements of facts, I am subject to be declared in non-compliance with Section 4a-60, 4a-60a, and related sections of the CONN. GEN. STAT.

(Signature)

(Title) (Date Signed)

(Telephone)

IV. Performance and Payment Bonds

Document A312TM

– 2010Performance Bond

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AIA Document A312™ – 2010 Performance Bond. 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 14:52:53 ET on 05/06/2019 under Order No.3640733185 which expires on 04/06/2020, and is not for resale.User Notes: (1835752043)

1

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.

Any singular reference to Contractor,

Surety, Owner or other party shall be

considered plural where applicable.

CONTRACTOR:(Name, legal status and address)

SURETY:(Name, legal status and principal place of business)

OWNER:(Name, legal status and address)

CONSTRUCTION CONTRACTDate: Amount: $ Description:(Name and location)

BONDDate: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 16

CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporate Seal)

Signature: Signature:

Name and Title:

Name and Title:

(Any additional signatures appear on the last page of this Performance Bond.)

(FOR INFORMATION ONLY — Name, address and telephone)AGENT or BROKER: OWNER’S REPRESENTATIVE:

(Architect, Engineer or other party:)

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§ 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 shall 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 the 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;

§ 5.3 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:

.1 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

.2 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 the 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.

§ 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

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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

.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

.2 additional legal, design professional and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Section 5; and

.3 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 any 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 furnished 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.

§ 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 behalf of 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 term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

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§ 16 Modifications to this bond are as follows:

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporate Seal)


Name and Title: Name and Title: Address: Address:

Additions and Deletions Report forAIA

®

Document A312TM

– 2010

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 14:52:53 ET on 05/06/2019.

Additions and Deletions Report for AIA Document A312™ – 2010 Performance Bond. 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 14:52:53 ET on 05/06/2019 under Order No.3640733185 which expires on 04/06/2020, and is not for resale.User Notes: (1835752043)

1

There are no differences.

AIA Document D401™ – 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 14:52:53 ET on 05/06/2019 under Order No.3640733185 which expires on 04/06/2020, and is not for resale.User Notes: (1835752043)

1

Certification of Document’s AuthenticityAIA® Document D401™ – 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 14:52:53 ET on 05/06/2019 under Order No. 3640733185 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A312™ – 2010, Performance Bond , as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)

Document A312TM

– 2010Payment Bond

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AIA Document A312™ – 2010 Payment Bond. 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 14:52:36 ET on 05/06/2019 under Order No.3640733185 which expires on 04/06/2020, and is not for resale.User Notes: (1497651509)

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SURETY:(Name, legal status and principal place of business)


CONSTRUCTION CONTRACTDate: Amount: $ 0.00Description:(Name and location)TEST PROJECT

BONDDate: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 18

CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporate Seal)


Name and Title:

Name and Title:

(Any additional signatures appear on the last page of this Payment Bond.)

(FOR INFORMATION ONLY — Name, address and telephone)AGENT or BROKER: OWNER’S REPRESENTATIVE:

(Architect, Engineer or other party:)

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§ 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 of 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:

§ 5.1 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 after 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).

§ 5.2 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) days 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.

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§ 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 Surety 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 law, 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 furnished 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.

Init.

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4

§ 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.

§ 16.5 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 cover page.)CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporate Seal)


Name and Title: Name and Title: Address: Address:


®

Document A312TM

– 2010







Additions and Deletions Report for AIA Document A312™ – 2010 Payment Bond. 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 14:52:36 ET on 05/06/2019 under Order No.3640733185 which expires on 04/06/2020, and is not for resale.User Notes: (1497651509)

1

PAGE 1

Amount: $ 0.00

…

TEST PROJECT


1


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 14:52:36 ET on 05/06/2019 under Order No. 3640733185 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A312™ – 2010, Payment Bond , as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)

V. Bid Bond

Document A310TM

– 2010Bid Bond

Init.

/

AIA Document A310™ – 2010. Copyright © 1963, 1970 and 2010 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 14:52:17 ET on 05/06/2019 under Order No.3640733185 which expires on 04/06/2020, and is not for resale.User Notes: (1264799023)

1
























SURETY: (Name, legal status and principal place of business)


BOND AMOUNT: $

PROJECT:(Name, location or address, and Project number, if any)TEST PROJECT

The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety’s consent for an extension beyond sixty (60) days.

If this Bond is issued in connection with a subcontractor’s bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, 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.

Init.

/

AIA Document A310™ – 2010. Copyright © 1963, 1970 and 2010 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 14:52:17 ET on 05/06/2019 under Order No.3640733185 which expires on 04/06/2020, and is not for resale.User Notes: (1264799023)

2

Signed and sealed this day of ,

(Contractor as Principal) (Seal)

(Witness) (Title)

(Surety) (Seal)

(Witness) (Title)


®

Document A310TM

– 2010







Additions and Deletions Report for AIA Document A310™ – 2010. Copyright © 1963, 1970 and 2010 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 14:52:17 ET on 05/06/2019 under Order No.3640733185 which expires on 04/06/2020, and is not for resale.User Notes: (1264799023)

1

PAGE 1

TEST PROJECT


1


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 14:52:17 ET on 05/06/2019 under Order No. 3640733185 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A310™ – 2010, Bid Bond , as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)

VI. Prevailing Wage Labor Rates

Project: Windham Community Senior Center Construction


Project Project Willimantic

By virtue of the authority vested in the Labor Commissioner under provisions of Section 31-53 of the General Statutes of Connecticut, as amended, the following are declared to be the prevailing rates and welfare payments and will apply only where the contract is advertised for bid within 20 days of the date on which the rates are established. Any contractor or subcontractor not obligated by agreement to pay to the welfare and pension fund shall pay this amount to each employee as part of his/her hourly wages.

Minimum Rates and Classifications for Building Construction

Connecticut Department of LaborWage and Workplace Standards Division

Number: Town:

B 26177

State#: FAP#:

ID# :

Hourly Rate BenefitsCLASSIFICATION

38.25 27.961a) Asbestos Worker/Insulator (Includes application of insulating materials, protective coverings, coatings, & finishes to all types of mechanical systems; application of firestopping material for wall openings & penetrations in walls, floors, ceilings

1b) Asbestos/Toxic Waste Removal Laborers: Asbestos removal and encapsulation (except its removal from mechanical systems which are not to be scrapped), toxic waste removers, blasters.**See Laborers Group 7**

40.21 29.301c) Asbestos Worker/Heat and Frost Insulator

Wednesday, May 29, 2019As of:


38.34 26.012) Boilermaker

34.72 32.55 + a3a) Bricklayer, Cement Mason, Concrete Finisher (including caulking), Stone Masons

34.90 25.873b) Tile Setter

31.69 22.353c) Terrazzo Mechanics and Marble Setters

26.70 21.753d) Tile, Marble & Terrazzo Finishers

33.48 32.063e) Plasterer



------LABORERS------

30.75 20.844) Group 1: Laborers (common or general), acetylene burners, concrete specialists, wrecking laborers, fire watchers.

30.30 20.104a) Group 2: Mortar mixers, plaster tender, power buggy operators, powdermen, fireproofer/mixer/nozzleman (Person running mixer and spraying fireproof only).

31.25 20.844b) Group 3: Jackhammer operators/pavement breaker, mason tender (brick), mason tender (cement/concrete), forklift operators and forklift operators (masonry).

30.55 20.104c) **Group 4: Pipelayers (Installation of water, storm drainage or sewage lines outside of the building line with P6, P7 license) (the pipelayer rate shall apply only to one or two employees of the total crew who primary task is to actually perform the mating of pipe sections) P6 and P7 rate is $26.80.

30.55 20.104d) Group 5: Air track operator, sand blaster and hydraulic drills.



31.80 20.104e) Group 6: Blasters, nuclear and toxic waste removal.

31.05 20.104f) Group 7: Asbestos/lead removal and encapsulation (except it's removal from mechanical systems which are not to be scrapped).

28.38 20.104g) Group 8: Bottom men on open air caisson, cylindrical work and boring crew.

27.86 20.104h) Group 9: Top men on open air caisson, cylindrical work and boring crew.

16.00 20.104i) Group 10: Traffic Control Signalman

33.53 25.665) Carpenter, Acoustical Ceiling Installation, Soft Floor/Vinyl Floor/Carpet Laying, Metal Stud Installation, Form Work and Scaffold Building, Drywall Hanging, Modular-Furniture Systems Installers, Lathers, Piledrivers, Resilient Floor Layers.



34.04 26.095a) Millwrights

40.00 25.97+3% of gross wage

6) Electrical Worker (including low voltage wiring) (Trade License required: E1,2 L-5,6 C-5,6 T-1,2 L-1,2 V-1,2,7,8,9)

53.37 33.705+a+b7a) Elevator Mechanic (Trade License required: R-1,2,5,6)

-----LINE CONSTRUCTION----

26.50 6.5% + 9.00Groundman

48.19 6.5% + 22.00Linemen/Cable Splicer



37.18 21.05 + a8) Glazier (Trade License required: FG-1,2)

35.47 35.14 + a9) Ironworker, Ornamental, Reinforcing, Structural, and Precast Concrete Erection

----OPERATORS----

40.97 24.80 + aGroup 1: Crane handling or erecting structural steel or stone, hoisting engineer 2 drums or over, front end loader (7 cubic yards or over), work boat 26 ft. and over and Tunnel Boring Machines. (Trade License Required)

40.64 24.80 + aGroup 2: Cranes (100 ton rate capacity and over); Excavator over 2 cubic yards; Piledriver ($3.00 premium when operator controls hammer); Bauer Drill/Caisson. (Trade License Required)

39.88 24.80 + aGroup 3: Excavator; Backhoe/Excavator under 2 cubic yards; Cranes (under 100 ton rated capacity), Grader/Blade; Master Mechanic; Hoisting Engineer (all types of equipment where a drum and cable are used to hoist or drag material regardless of motive power of operation), Rubber Tire Excavator (Drott-1085 or similar);Grader Operator; Bulldozer Fine Grade. (slopes, shaping, laser or GPS, etc.). (Trade License Required)



39.48 24.80 + aGroup 4: Trenching Machines; Lighter Derrick; Concrete Finishing Machine; CMI Machine or Similar; Koehring Loader (Skooper).

38.87 24.80 + aGroup 5: Specialty Railroad Equipment; Asphalt Paver; Asphalt Reclaiming Machine; Line Grinder; Concrete Pumps; Drills with Self Contained Power Units; Boring Machine; Post Hole Digger; Auger; Pounder; Well Digger; Milling Machine (over 24" Mandrell)

38.87 24.80 + aGroup 5 continued: Side Boom; Combination Hoe and Loader; Directional Driller; Pile Testing Machine.

38.55 24.80 + aGroup 6: Front End Loader (3 up to 7 cubic yards); Bulldozer (rough grade dozer).

38.20 24.80 + aGroup 7: Asphalt roller, concrete saws and cutters (ride on types), vermeer concrete cutter, Stump Grinder; Scraper; Snooper; Skidder; Milling Machine (24" and under Mandrell).

37.79 24.80 + aGroup 8: Mechanic, grease truck operator, hydroblaster; barrier mover; power stone spreader; welding; work boat under 26 ft.; transfer machine.



37.34 24.80 + aGroup 9: Front end loader (under 3 cubic yards), skid steer loader regardless of attachments, (Bobcat or Similar): forklift, power chipper; landscape equipment (including Hydroseeder).

35.24 24.80 + aGroup 10: Vibratory hammer; ice machine; diesel and air, hammer, etc.

35.24 24.80 + aGroup 11: Conveyor, earth roller, power pavement breaker (whiphammer), robot demolition equipment.

35.18 24.80 + aGroup 12: Wellpoint operator.

34.58 24.80 + aGroup 13: Compressor battery operator.

33.41 24.80 + aGroup 14: Elevator operator; tow motor operator (solid tire no rough terrain).



32.99 24.80 + aGroup 15: Generator Operator; Compressor Operator; Pump Operator; Welding Machine Operator; Heater Operator.

32.32 24.80 + aGroup 16: Maintenance Engineer/Oiler.

36.76 24.80 + aGroup 17: Portable asphalt plant operator; portable crusher plant operator; portable concrete plant operator.

34.26 24.80 + aGroup 18: Power safety boat; vacuum truck; zim mixer; sweeper; (Minimum for any job requiring a CDL license).

------PAINTERS (Including Drywall Finishing)------

33.62 21.0510a) Brush and Roller



34.37 21.0510b) Taping Only/Drywall Finishing

34.12 21.0510c) Paperhanger and Red Label

36.62 21.0510e) Blast and Spray

42.62 31.2111) Plumber (excluding HVAC pipe installation) (Trade License required: P-1,2,6,7,8,9 J-1,2,3,4 SP-1,2)

37.26 24.05 + a12) Well Digger, Pile Testing Machine

36.70 19.8513) Roofer (composition)



37.20 19.8514) Roofer (slate & tile)

37.50 36.7915) Sheetmetal Worker (Trade License required for HVAC and Ductwork: SM-1,SM-2,SM-3,SM-4,SM-5,SM-6)

42.62 31.2116) Pipefitter (Including HVAC work) (Trade License required: S-1,2,3,4,5,6,7,8 B-1,2,3,4 D-1,2,3,4, G-1, G-2, G-8 & G-9)

------TRUCK DRIVERS------

29.13 23.33 + a17a) 2 Axle

29.23 23.33 + a17b) 3 Axle, 2 Axle Ready Mix



29.28 23.33 + a17c) 3 Axle Ready Mix

29.33 23.33 + a17d) 4 Axle, Heavy Duty Trailer up to 40 tons

29.38 23.33 + a17e) 4 Axle Ready Mix

29.58 23.33 + a17f) Heavy Duty Trailer (40 Tons and Over)

29.38 23.33 + a17g) Specialized Earth Moving Equipment (Other Than Conventional Type on-the-Road Trucks and Semi-Trailers, Including Euclids)

43.92 15.84 + a18) Sprinkler Fitter (Trade License required: F-1,2,3,4)



25.76 7.3419) Theatrical Stage Journeyman



Welders: Rate for craft to which welding is incidental.

*Note: Hazardous waste removal work receives additional $1.25 per hour for truck drivers.

**Note: Hazardous waste premium $3.00 per hour over classified rate

Crane with 150 ft. boom (including jib) - $1.50 extraCrane with 200 ft. boom (including jib) - $2.50 extraCrane with 250 ft. boom (including jib) - $5.00 extraCrane with 300 ft. boom (including jib) - $7.00 extra

All classifications that indicate a percentage of the fringe benefits must be calculated at the percentage rate times the "base hourly rate".

Apprentices duly registered under the Commissioner of Labor's regulations on "Work Training Standards for Apprenticeship and Training Programs" Section 31-51-d-1 to 12, are allowed to be paid the appropriate percentage of the prevailing journeymen hourly base and the full fringe benefit rate, providing the work site ratio shall not be less than one full-time journeyperson instructing and supervising the work of each apprentice in a specific trade.

Crane with 400 ft. boom (including jib) - $10.00 extra

Each contractor shall pay the annual adjusted prevailing wage rate that is in effect each July 1st, as posted by the Department of Labor.

It is the contractor's responsibility to obtain the annual adjusted prevailing wage rate increases directly from the Department of Labor's website. The annual adjustments will be posted on the Department of Labor's Web page:

www.ct.gov/dol. For those without internet access, please contact the division listed below.

The Department of Labor will continue to issue the initial prevailing wage rate schedule to the Contracting Agency for the project.

All subsequent annual adjustments will be posted on our Web Site for contractor access.

The Prevailing wage rates applicable to this project are subject to annual adjustments each July 1st for the duration of the project.

Contracting Agencies are under no obligation pursuant to State labor law to pay any increase due to the annual adjustment provision.

ALL Cranes: When crane operator is operating equipment that requires a fully licensed crane operator to operate he receives an extra $4.00 premium in addition to the hourly wage rate and benefit contributions:

1) Crane handling or erecting structural steel or stone; hoisting engineer (2 drums or over)

2) Cranes (100 ton rate capacity and over) Bauer Drill/Caisson

3) Cranes (under 100 ton rated capacity)



Please direct any questions which you may have pertaining to classification of work and payment of prevailing wages to the Wage and Workplace Standards Division, telephone (860)263-6790.

Effective October 1, 2005 - Public Act 05-50: any person performing the work of any mechanic, laborer, or worker shall be paid prevailing wage

All Person who perform work ON SITE must be paid prevailing wage for the appropriate mechanic, laborer, or worker classification.

All certified payrolls must list the hours worked and wages paid to All Persons who perform work ON SITE regardless of their ownership i.e.: (Owners, Corporate Officers, LLC Members, Independent Contractors, et. al)

Reporting and payment of wages is required regardless of any contractual relationship alleged to exist between the contractor and such person.

~~Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clause (29 CFR 5.5 (a) (1) (ii)).


VII. Bid Form

VII. BID FORM (A) PROJECT IDENTIFICATION: WINDHAM SENIOR & COMMUNITY CENTER (B) THIS BID IS SUBMITTED TO: BY:

Town of Windham Contractor's Name Office of Town Engineer Address______________________ 979 Main Street Willimantic, Connecticut 06226

(C) The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a

Trade Contract Agreement with CM in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Terms indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Bidder agrees that the terms and conditions of the Trade Contract Agreement shall not be altered, edited, revised or changed to any extent without the CM’s express written consent.

(D) (1) BIDDER accepts all of the terms and conditions of the Invitation to Bid and

Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening.

(2) BIDDER will sign and deliver the required number of counter-parts of the Trade

Contract Agreement with the Bonds and other documents required by the Bidding Requirements within ten (10) days after the date of OWNER'S Notice of Award.

(E) In submitting this Bid, BIDDER represents, as more fully set forth in the Trade Contract

Agreement that:

(1) BIDDER has examined and carefully studied the Bidding Documents, Project Plans and Specifications and other materials available in the Office of the TOWN ENGINEER.

(2) BIDDER has visited the site and become familiar with and is satisfied as to the

general, local and site conditions that may affect cost, progress, performance and furnishing of the Work.

(3) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and

Regulations that may affect cost, progress, performance and furnishing of the Work.

(4) BIDDER has carefully studied conditions at the Site and all drawings of physical

conditions in or relating to existing surface or subsurface structures at the Site. BIDDER acknowledges that such information is not part of Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that the TOWN and CM do not assume responsibility for the accuracy or

SPECIFICATIONS AND INSTRUCTIONS TO BIDDERS

2

completeness of information and data shown or indicated in the Bidding Documents, Project Plans and Specifications or other available materials with respect to Site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at the Site or otherwise which may affect cost, progress, performance or furnishings of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by the BIDDER and safety precautions and programs incidental thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.

(5) BIDDER is aware of the general nature of Work to be performed by others at the

Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

(6) BIDDER has correlated the information known to BIDDER, information and

observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

(7) BIDDER has given CM written notice of all conflicts, errors, ambiguities or

discrepancies that BIDDER has discovered in the Bid Documents and/or Contract Documents and the written resolution thereof by CM is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

(F) This Bid is genuine and not made in the interest of or on behalf of any undisclosed

person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid. BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

(G) Unless specifically stated, all items are for furnishing and installing required equipment

and material.

(H) BIDDER will complete the Work in accordance with the Bid and Contract Documents for Bid Package No. _____ for the following price(s): $ _____________________________

Words: ________________________________________________________________

Bidder acknowledges that quantities are not guaranteed and final payment will be based upon actual quantities determined as provided in the Contract Documents.

SPECIFICATIONS AND INSTRUCTIONS TO BIDDERS

3

(I) Unless specifically stated, all bid items include the furnishing and installing of required equipment Material and labor.

(J) BIDDER agrees that the Work will be substantially completed in accordance with the

scheduling requirements to be issued by the CM, which may be revised from time to time during the construction of the Project based upon the sole discretion of the CM.

(K) BIDDER accepts all terms and conditions of the Trade Contract Agreement, including,

but not limited to, liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

(L) The following documents are attached to and made a condition of this Bid:

(1) Required Bid Security in the form of 10% of Bid.

(2) A tabulation of Subcontractors, Suppliers and other persons and organizations

required to be identified in this Bid.

(3) BIDDER'S Pre-qualification Statement with supporting data including description of experience, list of projects similar to the Project described herein.

(M) BIDDER acknowledges the receipt of __ addenda to the Contract Documents, receipt of

all which is hereby acknowledged (List Addenda by Addendum Number and Date):

No. Date

(N) Communications concerning this Bid shall be addressed to:

(Insert address and telephone number of BIDDER below)

(O) Terms used in this Bid which are defined in the General Conditions or Instructions to Bidders will have the meanings in the General Conditions or Instructions to Bidders.

(P) SUBMITTED on ___________________, 2019.

By: ______________________________________________________________

(Individual's Name)

Doing Business as: _________________________________________________

Business address:

Phone Number: ________________

VIII. Trade Contract Agreement

1

ZLOTNICK CONSTRUCTION, INC.

TRADE CONTRACT AGREEMENT

This subcontract, made this date, _____________ by and between ZLOTNICK CONSTRUCTION, INC. a Connecticut

corporation with an office and place of business at 161 Storrs Road, Mansfield Center, Connecticut 06250, (hereinafter

"Contractor") and ____________________a Corporation organized under the laws of the State of CONNECTICUT with an office

and principal place of business at ______________________________________(hereinafter “Subcontractor”).

WITNESSETH

WHEREAS, Contractor and ______________________________________hereinafter “Owner”) have entered into a contract

dated ___________ ("Prime Contract") for the construction of _______________ (hereinafter “Project”), according to the Contract

Documents listed in EXHIBIT A attached hereto (hereinafter “Contract Documents”); and

WHEREAS, all documents comprising the “Prime Contract” are on file in the Contractor's office, and Subcontractor represents it

has read and examined them and fully and completely understands them, or that it has had the full and complete opportunity to do so;

WHEREAS, Contractor desires to subcontract certain work specified in the Contract Documents, and Subcontractor desires to

perform said work at the prices and upon the terms and conditions hereinafter expressed;

NOW, THEREFORE, in consideration of the mutual agreements herein expressed, the parties do contract as follows:

1. SUBCONTRACTOR'S WORK

a. Subcontractor shall perform all work and shall furnish all supervision, labor, materials, plant, scaffolding, tools,

equipment, supplies and all other things necessary for the construction and completion of the work described in ARTICLE 33 and

work incidental thereto, in strict accordance and full compliance with the terms of this Subcontract, and the Prime Contract and to the

satisfaction of Contractor and Owner (the “Work”).

b. In respect of work covered by this Subcontract Agreement, and unless otherwise specified in this Subcontract Agreement,

Subcontractor shall assume toward the Contractor all obligations, risks and responsibilities, which Contractor has assumed towards

Owner in the Contract Documents, and shall be bound to the Contractor in the same manner and to the same extent the Contractor is

bound to the Owner by the Contract Documents. Notwithstanding the foregoing, the payment and dispute resolution provisions of this

Subcontract control to the exclusion of anything contrary to the Contract Documents.

c. At the end of each workday, Subcontractor shall submit to the Contractor a Daily Report on a form supplied by

Contractor, which shall summarize the tradesmen employed and the nature, extent and each location of the work performed that day.

d. Subcontractor shall submit in writing to the Contractor the names and addresses of the sub-subcontractors and suppliers it

intends to use on this Project and, if required, copies of proposed contracts with lower tier contractors and suppliers, and no contract

shall be entered with any such sub-subcontractors or supplier without the prior written approval of Contractor.

e. The Subcontractor agrees to give personal attention to the execution of this Agreement, and shall, at all times, maintain a

competent superintendent at the job site (who shall be subject to approval of the Contractor) to supervise its work. The Subcontractor

shall, upon execution of this Agreement, designate in writing an official representative of the Subcontractor, who will have full

authority to act on any and all matters pertaining to the execution of this Agreement, and whose acts will be binding upon the

Subcontractor.

f. The Subcontractor agrees to unload and store on the job site all materials which are to be used in the performance of work

under this Subcontract Agreement, in accordance with directions from an authorized representative of Contractor. Subcontractor shall

assume full responsibility for the protection and safety of all said materials. The Contractor shall have the right to designate the

carrier or railroad over which all materials required for the work shall be shipped.

g. The Subcontractor shall prepare and submit to the Contractor for review by the Architect (or other appropriate

professional) such shop drawings as may be necessary to completely describe the details and construction of the Subcontractor's work.

Approval of the Shop drawings by the Owner, Architect and/or Engineer will not relieve the Subcontractor from its obligations to

perform the work in strict accordance with the plans and specifications including addenda or the proper matching and fitting of the

work with contiguous work. The Subcontractor shall use all reasonable means to detect defects in the contiguous work and shall

report all defects in said contiguous work in writing to the Contractor before proceeding with its work, otherwise said contiguous work

shall be deem accepted by Subcontractor.

2

h. In the event of a conflict between this Agreement and the Contract Documents, this Agreement shall govern. In the event

of a conflict between one or more provisions of the Contract Documents, the provision imposing the more demanding term, condition,

duty or standard of performance, or the greater limitation on the nature and type of relief or damages allowed to Subcontractor, shall

control.

2. PAYMENT

a. Contractor shall pay Subcontractor for performance of the work subject to additions and deductions by change order, the

total sum of $____________.

Said sum includes all federal, state, county, sales, municipal and other taxes imposed by law and based

upon labor, services, materials, equipment or other items acquired, performed or used for or in connection with the work as

described in EXHIBITS A and B, including, but not limited to, sale, use and personal property taxes payable by or levied or

assessed upon it, the Owner, Contractor or Subcontractor. Where the law requires any such taxes to be stated or charged

separately, the sum of all items included in the Subcontractor's work, plus, the amount of such taxes, shall not exceed the sum

set forth above. Subcontractor agrees to indemnify, defend and hold harmless Contractor and Owner from any liability for

any taxes, including fees, duties, or charges of any kind, and all penalties, fines, additions to tax, or interest thereon, and

including all related costs and expenses (including attorneys’ fees) imposed upon, arising out of, or relating to

Subcontractor’s work, which indemnity will survive the termination of this Subcontract Agreement. b. Partial payments shall be due Subcontractor in the amount of NINETY-FIVE PERCENT (95%) of the value work in

place, and for which payment has been made to Contractor by Owner. Said payments shall also serve as a full receipt for payments

rendered by Contractor to Subcontractor and shall include all taxes, including without limitation, sales, use, gross receipts, or other

taxes, fees, duties, or charges of any kind, imposed with respect to Subcontractor’s labor, services, materials, equipment or other

items. If the Contract Documents allow Contractor partial payments for stored materials, partial payments shall also be due

Subcontractor in the amount of NINETY-FIVE PERCENT (95%) of the value of stored materials for which payment has been made

to Contractor by Owner. Prior to the commencement of its work, Subcontractor shall submit a schedule of values comprising the total

Subcontract price. In the event Contractor disapproves said breakdown, Contractor shall establish a reasonable breakdown which

shall serve as the basis for partial payments.

c. Provided Contractor has received full partial payment in a timely manner from Owner and subject to subparagraphs (d),

(e), (f) and (g) hereof and notwithstanding anything to the contrary stated in the Contract Documents, partial payments, subject to the

terms hereof, shall be due the Subcontractor on or about the 15th day of the month, following the month in which the Contractor's

requisition is submitted. In the event payment is received by Contractor from the Owner later than as provided in the Prime Contract,

partial payment, subject to the terms hereof shall be due the subcontractor not later than fifteen (15) days following actual receipt of

payment from Owner by Contractor. No partial payment made under this Subcontract shall be considered an acceptance of the work

in whole or in part. All material and work covered by partial payment shall become the property of Contractor, or, if the Contract

Documents so provide, the property of Owner; however, this provision shall not release Subcontractor from the sole responsibility and

liability for all work and materials upon which payments have been made until final acceptance thereof by Owner including insurance

coverage required herein.

d. Applications for partial payment shall be submitted by Subcontractor, on the form attached hereto as EXHIBIT D, no

later than the twentieth (20th) day of each payment period and covering work performed or to be performed through the thirtieth (30)

day of each payment period. Subcontractor shall submit, with each application for payment, evidence satisfactory to Contractor and

Owner that all obligations arising out of Subcontractor's performance to that point have been satisfied. Subcontractor shall also

submit with each application for payment a Partial Release, Indemnity and Mechanic’s Lien Waiver, as well as for each and every one

of its sub-subcontractors and suppliers for work performed to that point, on the form attached hereto as EXHIBIT E, and such other

documents or instruments that may be required by the Contractor, the Owner or by the terms of the Prime Contract.

e. Subcontractor shall insure that all his sub-subcontractors, employees and suppliers, at all times, are paid all amounts due

in connection with the performance of the Subcontract. Subcontractor shall first use any payment received by Subcontractor from

Contractor to satisfy indebtedness incurred in the performance of this Subcontract. Contractor shall have the right to at any time

communicate with the Subcontractor's sub-subcontractors and suppliers for the purpose of verifying that Subcontractor's payment

obligations are being met. In the event Contractor has reason to believe the Subcontractor is not fulfilling its payment obligations,

Contractor may take any steps necessary to insure that progress payments are utilized to pay such obligations, including, but not

limited to, the right to withhold out of subsequent progress payments a reasonable amount to protect Contractor from any and all

claims, loss or damage, including attorney's fees, arising out of any claim or lien, until Subcontractor submits evidence satisfactory to

Contractor that all previous amounts owed in connection with the performance of this Subcontract, or any other contractual

arrangements between the parties, have been paid or to make such payments directly to such sub-subcontractors and suppliers.

(Evidence shall consist of completely filled out and executed lien waivers from sub-subcontractors and material suppliers. EXHIBIT

C shall also be completed and is hereby made a part of this contract. EXHIBIT C shall list all sub-subcontractors and material

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suppliers with their addresses, phone numbers and dollar amount of their work or materials). Subcontractor shall immediately

reimburse Contractor for any amounts paid, including costs and attorney's fees, by Contractor or under Contractor's payment bond, if

any, in connection with this Subcontract as a result of Subcontractor's failure to make payments as provided in this paragraph.

f. Subcontractor expressly agrees that payment by the Owner to the Contractor for any work performed by the

Subcontractor is an express CONDITION PRECEDENT to any payment by the Contractor to the Subcontractor and that the

Contractor is under no obligation to make any partial or final payments to the Subcontractor, as provided in this paragraph 2, until and

unless the Contractor has been paid by the Owner. Subcontractor agrees to accept the risk that he will not be paid for work performed

by him in the event the Contractor, for whatever reason, is not paid by the Owner for such work. Subcontractor further agrees that the

liability of the surety on Contractor's payment bond, if any, for payment to the Subcontractor is subject to the same conditions

precedent as are applicable to the Contractor's liability for payment to the Subcontractor.

g. Final payment, including any retainage withheld under paragraph 2.b hereof, shall be made after Subcontractor's work has

been accepted by Owner and Contractor, satisfactory proof of payment of all amounts owed by Subcontractor in connection with this

Sub- contract has been provided, the entire Project is complete, the Contractor has been paid in full for the entire Project, and

Subcontractor has submitted to Contractor: (a) a full and complete release of any claims against Contractor and its surety, the Owner

and the Project on the form attached hereto as EXHIBIT F; (b) executed warranties as required by the Contract Documents; (c) full

and complete "as-built" drawings acceptable to contractor; (d) written consent of Subcontractor's surety; (e) completion of punch list

work; and such other documents or instruments as Contractor may reasonably require or which are required by the Prime Contract.

The refusal or failure of the Subcontractor to provide such a full and complete release of any claims against Contractor, its Surety, the

Owner and the Project shall excuse Contractor from any obligation to make any further payment to Subcontractor for either disputed

or undisputed sums until such time that all disputed sums are resolved and Subcontractor provides the full and complete release on the

form set forth at EXHIBIT F.

3. SUBCONTRACTOR'S INVESTIGATIONS AND REPRESENTATIONS

Subcontractor represents that it is fully qualified to perform this Subcontract, and acknowledges that, prior to the execution of this

Subcontract, it has (a) carefully examined and understands all the contract documents and has had the full and complete opportunity to

do so; (b) by its own independent investigation ascertained (i) the work required by this Subcontract, (ii) the conditions involved in

performing the work, and (iii) the obligations of this Subcontract and the Contract Documents; and (c) verified all information

furnished by Contractor or others satisfying itself as to the correctness and accuracy of that information. The Subcontract Agreement

is signed and executed by a legal representative of Subcontractor, authorized to bind the Subcontractor, be it an individual, partnership

or corporation, to all the terms of the Subcontract Agreement. Subcontractor agrees to indemnify the Contractor for any loss, costs or

expenses arising out of proper execution of this Subcontract Agreement. Contractor further represents and warrants that Subcontractor

is duly qualified to do business and is a corporation in good standing (or a partnership duly engaged and existing) in the State of

CONNECTICUT.

4. SUBCONTRACTOR'S LIABILITY AND INDEMNIFICATION OBLIGATIONS

a. Subcontractor hereby assumes the entire responsibility and liability for all work, supervision, labor and materials,

provided hereunder, whether or not erected in place, and for all plant, scaffolding, tools, equipment, supplies and other things provided

by Subcontractor. In the event of any loss, damage or destruction thereof from any cause, Subcontractor shall be liable therefore, and

shall repair, rebuild and make good said loss, damage or destruction at Subcontractor's cost.

b. Subcontractor shall be liable to Contractor for all costs Contractor incurs as a result of Subcontractor's failure to perform

this Subcontract in accordance with its terms. Subcontractor's failure to perform shall include the failure of its suppliers and/or

subcontractors of any tier to perform. Subcontractor's liability shall include, but not limited to (1) damages and other delay costs

payable by Contractor to Owner; (2) Contractor's increased costs of performance, such as extended overhead and increased

performance costs resulting from Subcontractor- caused delays or improper Subcontractor work; (3) warranty and rework costs; (4)

liability to third parties; and (5) attorney's fees and related costs.

c. Subcontractor agrees that the prevention of accidents to workmen engaged in the work is the responsibility of the

Subcontractor. Subcontractor agrees to comply with all labor department laws, regulations and codes concerning safety, as shall be

applicable to the work and to the safety standards established during the progress of the work by the Contractor. When so ordered,

Subcontractor agrees to stop any part of the work which the Contractor deems unsafe until corrective measures satisfactory of the

Contractor have been taken, and further agrees to make no claim for damages growing out of such work stoppages. Should

Subcontractor neglect to adopt such cost corrective measures, Contractor may perform them and deduct the cost from payments due or

to become due to Subcontractor. Failure on the part of the Contractor to stop unsafe practices shall in no way relieve Subcontractor of

its responsibility.

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d. Further, Subcontractor, to the greatest extent permitted by law, shall indemnify, defend and hold harmless Contractor

(including its affiliates, parents and subsidiaries), Owner and Architect, and all of their officers, directors, agents, and employees from

and against all claims, damages, loss and expense, including, but not limited to, attorney's fees, arising out of or resulting from the

performance of the Subcontractor's work including, but not limited to, claims for bodily injury, sickness, disease or death, or to injury

or destruction of tangible property, including the loss of use resulting therefrom, to the extend caused in whole or in any part by any

negligent act or omission of the Subcontractor or anyone directly or indirectly employed by the Subcontractor or anyone for whose

acts the Subcontractor may be liable, regardless of whether it is caused in part by a party indemnified hereunder.

e. In the event that Subcontractor or any of its agents, employees, suppliers or lower-tier subcontractors utilize any

machinery, equipment, tools, scaffolding, hoists, lifts or similar items belonging to or under the control of Contractor, Subcontractor

shall be liable to Contractor for any loss or damage (including personal injury or death) which may arise from such use, except where

such loss or damage shall be due solely to the negligence of Contractor's employees operating Contractor-owned or leased equipment.

f. Contractor is hereby given the right to withhold amounts otherwise due under this subcontract or any other contractual

arrangement between the parties to cover any costs or liability Contractor has incurred or may incur for which Subcontractor may be

responsible hereunder or thereunder.

g. Subcontractor's assumption of liability is independent from, and not limited in any manner by, the Subcontractor's

insurance coverage obtained pursuant to Article 5, or otherwise.

5. SUBCONTRACTOR'S INSURANCE

The following are the limits of coverage for this Subcontract:

INSURANCE

During the term of this Subcontract, Subcontractor will provide at its expense the following insurance in the minimum

amounts prescribed here or in the contract specifications:

(a) General Liability Insurance providing insurance for bodily injury, liability, and property damage including coverage

for: premises and operations; products and completed operations; contractual liability insuring the obligations assumed by

Subcontractor in this Agreement, broad form property damage (including completed operations); explosions, collapse and

underground hazards; and personal injury liability. The limits of liability shall not be less than $1,000,000 for each

occurrence, Personal Injury Liability; Aggregate for Products-Completed Operations; and $2,000,000 General Aggregate

applied per project. General Liability Insurance to include Waiver of Subrogation. All General Liability Insurance shall

include ongoing operations and completed operations. Subcontractor shall add Contractor to its General Liability Policy

as an Additional Insured on a Primary and Non-Contributory basis.

(b) Automobile Liability Insurance including coverage for all owned, hired and non-owned automobiles. The limits of

liability shall not be less than $1,000,000 Combined Single Limit for each accident. If Subcontractor's General Liability

Insurance is provided by a Commercial General Liability policy, then Subcontractor's Automobile Liability policy shall

include coverage for Automobile Contractual Liability. Automobile Liability Insurance includes Waiver of Subrogation.

Subcontractor shall add Contractor to its Automobile Liability Insurance as an Additional Insured on a Primary and Non-

Contributory basis.

(c) Excess (Umbrella) Liability insurance coverage for the insurance discussed in (a) and (b) above in an

amount not less than $5,000,000. Subcontractor shall add Contractor to its Excess (Umbrella) Liability Insurance as an

Additional Insured on a Primary and Non-Contributory basis. All Excess (Umbrella) Liability shall include ongoing

operations and completed operations. Excess (Umbrella) Liability Coverage to follow form.

(d) Workers Compensation Insurance in the minimum amounts of $1,000,000 Bodily Injury by Accident each Accident,

$1,000,000 Bodily Injury by Disease Policy Limit, and $1,000,000 Bodily Injury by Disease Each Employee,

including Waiver of Subrogation.

ADDITION INSURED STATUS AND CERTIFICATE OF INSURANCE

Further Requirements:

Subcontractor will provide the Contractor a Certificate of Insurance and Additional Insured Forms evidencing all Endorsements

and in the minimum dollar amounts of coverage afforded by, and in compliance with, each of the policies listed above within (10) days

from the date of this Subcontract Agreement. Said Certificate and Endorsements will name Contractor, its officers, directors,

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employees and Owner, Architect-Engineer, General Contractor, if not Contractor, as additional insured on all liability policies

and shall state that the insurance afforded the additional insured shall apply as primary insurance, and that any other insurance

carried by Contractor, its officers, directors, and employees or Owner, General Contractor, if not Contractor, will be excess

only and will not contribute with this insurance. Certificate will include a provision requiring Contractor to be notified, in writing,

(30) days prior to any of said insurance being canceled, reduced or modified in any fashion.

If Subcontractor does not comply with this section, Contractor may, at its option, provide insurance coverage to protect Owner

and Contractor and charge Subcontractor for the cost of that insurance.

Further, Subcontractor agrees to indemnify and save the Contractor harmless from any loss, expense, damage, fees (including

legal fees) or injury caused or occasioned, directly or indirectly, by the failure of the Subcontractor to comply with any of the following:

(a) the furnishing and paying for all necessary permits, licenses and inspection fees as called for in the plans, drawings,

specifications and addenda as being the responsibility of the Subcontractor;

(b) the payment of all royalty and license fees or other authorizations for protected rights and defense of all suits or claims for

infringement of any patent rights pertaining to work furnished by the Subcontractor;

(c) the payment of any loss or damage arising from any defects in materials or workmanship from completed operations, for

a period of three (3) years or the statute of repose, calculated from the date of performance or acceptance, whichever is

greater; and

(d) the performance of the obligations of the Subcontractor in a timely manner and in accordance with its obligations under

Article 6.

The Subcontractor assumes entire responsibility and liability for any and all damage and injury of any kind or nature

whatsoever to all persons, whether employees or otherwise, and to all property, growing out of, or resulting from the labor or material

or both used in the performance of this Subcontract or occurring in connection with this Subcontract and agrees to indemnify and save

harmless the Contractor, its agents, servants, and employees from and against any and all loss, expense, including legal fees and

disbursements, damage or injury growing out of , or resulting there from, or occurring in connection therewith. The Subcontractor

shall procure and maintain, at its own expense, the following insurance; workmen’s compensation, comprehensive general liability,

including bodily injury and property damage and covering the contractual liability, fire and casualty insurance, including insurance on

the vehicle of the Subcontractor to be used to transport the materials or goods to be supplied or the employees of the Subcontractor,

and such other insurance as the Contractor or the owner of the job may require in amounts satisfactory to the Contractor. Before

commencing work or delivering any material, the Subcontractor shall furnish a certificate to the Contractor showing the insurance to

be in force.

The Subcontractor shall carry Commercial Liability Insurance with limits as specified above for:

a. Personal Injury: This shall protect the Subcontractor and his Sub-subcontractor and their heirs and assigns against all

claims for injury to or death of one, more than one, person because of accidents which may occur as a result of operations under this

Subcontract. Such insurance shall cover the use of all equipment, including but not limited to excavation machinery, trenching

machines, cranes, hoists, rollers, concrete mixers, motor vehicles and other equipment as may be specified elsewhere in this

Subcontract. This Personal Injury Liability Insurance will be carried from commencement of work to final acceptance of the work

under this Subcontract and will be extended to include insurance for completed operation. The Completed operations portion of the

Personal Injury Liability Insurance shall be extended for the entire period of the guaranty, but not less than two (2) years following

final completion.

b. Property Damage: This shall protect the subcontractor and his sub-subcontractors and their heirs and assigns from all

claims for property damage which may arise from operations under this Subcontract. Property Damage Liability shall be extended to

provide for Broad Form coverage and shall also include insurance of completed operations. The completed operations portion of the

Property Damage Liability Insurance shall also be extended as provided above.

c. Commercial General Liability shall include liability for personal injury or damages to property as a result of blasting,

explosion, collapse of building or structures and damage to underground installations.

d. In the event the Commercial General Liability coverages are provided on a Claims Made basis, the policy effective date

and any applicable retroactive date shall both predate the Contract herein.

e. The termination date of the policy or any applicable extended reporting period shall be no earlier than the termination date

of all such coverages as required to be maintained herein.

The Subcontractor shall carry Automobile Liability Insurance for bodily injury and property damage with the limits as specified to

protect the Subcontractor and its sub-subcontractors and their heirs and assigns from all claims for any bodily injury or property

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damage caused by an occurrence and arising out of the ownership, maintenance, or use including loading and unloading of any

vehicles during the operations under this Agreement. This coverage shall include owned, hired and non-owned vehicles.

6. TIME OF PERFORMANCE

a. Subcontractor will commence work when directed and proceed with the work in a prompt and diligent manner, in

accordance with Contractor's schedule as amended from time to time. TIME IS OF THE ESSENCE. Subcontractor may be entitled

to additional compensation for compliance with schedule amendments only to the extent, if any, that the Contract Documents entitle

Contractor to reimbursement from the Owner with respect to Subcontractor's work and that Contractor does, in fact, receive such

compensation from the owner.

b. Subcontractor shall at all times supply a sufficient number of skilled workers to perform the work covered by this

Subcontract with promptness and diligence. In the event Subcontractor fails to supply sufficient manpower as required herein,

Contractor has the right to supplement Subcontractor's forces with additional skilled workers and to deduct the cost of same from

payments due Subcontractor. This right of Contractor to supplement Subcontractor's manpower is in addition to all other rights or

remedies of Contractor contained in this Agreement.

c. If Subcontractor is delayed, disrupted or interfered with in the performance of its work by Contractor, Owner, Architect,

or any other person or entity for any reason, not including Subcontractor's own acts or omissions or failures, then Subcontractor may

request in writing an appropriate extension of time for the performance of its work. Such extension of time, if granted, shall be the

sole remedy for any such delay, disruption or interference, provided that a comparable extension of time is granted to the Contractor

by the Owner, and neither Contractor nor Owner shall be liable to Subcontractor for any damages resulting from such delay,

disruption or interference, whether in the form of extended overhead, labor or material escalation, labor inefficiency, lost productivity,

or otherwise. Subcontractor shall submit in writing to Contractor all claims pursuant to this subparagraph c. within five (5) days of the

beginning to the event for which such claim is made; otherwise such claim shall be considered waived. All unresolved claims shall be

resolved in a court of competent jurisdiction.

d. If requested by Contractor, Subcontractor shall submit a detailed schedule for performance of the Subcontract, in a form

acceptable to Contractor, which shall comply with all scheduling requirements of the Contractor, Contract Documents and with

Article 6.a. above.

e. Subcontractor will coordinate its work with the work of Contractor, other subcontractors, and any other prime contractors

retained by Owner, if any, so no delays or interference will occur in the timely completion of any part or all of the Project.

f. If the Contract Documents provide for liquidated damages, or if Contractor shall be held liable to Owner for delays

beyond the Project completion date, then Subcontractor shall be liable to Contractor for the proportionate share of such damages

resulting from delays caused by Subcontractor.

g. The Subcontractor shall be bound by any and all Project schedules issued by the Contractor as they may be amended or

changed from time to time throughout the course of the Project. The Subcontractor shall provide the Contractor with any requested

scheduling information for the Subcontractor’s Work.

h. The Subcontractor recognizes that changes will be made in the Project schedule for Subcontractor’s Work and that

Subcontractor’s Work may be performed out-of-sequence, on a comeback basis, concurrently or stacked with other subcontractors’

work, on an accelerated basis, or in an otherwise inefficient or delayed manner. Subcontractor agrees to comply with such changes

without any time extensions, additional charges to, or receipt of any additional compensation from, the Contractor, except as may be

provided per Article 6.a.

i. Contractor shall be entitled to decide the time, order and priority for performance of the various portions of

Subcontractor’s Work to the extent necessary, in Contractor’s sole judgment, to assure Contractor’s compliance with the scheduling

requirements imposed on Contractor by the Contract Documents, and to direct the performance of the Work accordingly. Except as

provided for per Article 6.a, Subcontractor shall not be entitled to an adjustment of the Subcontract price or an extension of time in

connection with any such direction by Contractor as the Subcontractor shall anticipate and provide for such activities in the

Subcontract price and agreed time for performance.

j. Subcontractor shall coordinate its work with all other contractors, subcontractors and suppliers on the Project so as not to

delay, interfere or damage such other contractor’s, subcontractor’s or suppliers’ work or performance. If Subcontractor should fail to

fulfill this obligation, the Subcontractor shall be directly responsible to such other entity for all damages. If other contractors,

subcontractor’s or suppliers or other events beyond the Subcontractor’s control should delay, interfere, disrupt or damage the progress

of Subcontractor’s Work, or cause the cost for performing same to increase, the Subcontractor shall not be entitled to recover against

Contractor damages for any delay, acceleration, disruption, loss of productivity, escalation or any other impact costs.

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7. CHANGES AND CLAIMS

a. Contractor may, at any time, unilaterally or by agreement with Subcontractor, and without notice to the sureties, make

changes in the work covered by this Subcontract (hereafter a “Change”). Any unilateral order, or agreement, under this Article 7.a.

shall be in writing. Subcontractor shall perform the work as changed without delay, provided Subcontractor has received a written

directive from Contractor to proceed with the changed work, unless an emergency requires Subcontractor to proceed without a written

order. In the event Contractor and Subcontractor cannot agree upon the addition or deletion to the Subcontract price or time caused by

such Change, the Subcontractor shall proceed with the work under protest and the value of the work will be determined pursuant to

paragraph 7.b or 7.c, as appropriate.

b. For any Change initiated by the Owner or Architect, Subcontractor shall submit in writing to Contractor all claims for

adjustment in the Subcontract price or schedule or for any other costs or damages for which the Owner is liable in the manner

provided in the Contract Documents for like claims by Contractor against Owner. Such claims must be submitted by Subcontractor to

Contractor at least seven (7) days prior to the time Contractor is required by the Contract Documents to submit claims to Owner,

otherwise such claims shall be waived. If requested by Contractor, Subcontractor shall provide satisfactory evidence within seven

(7) days substantiating such claim, otherwise such claim shall be deemed waived and abandoned. Contractor will process such claims

according to the provisions of the Contract Documents and Contractor's liability to Subcontractor for such claims is hereby expressly

conditioned and limited to any adjustment which may be made by Owner to Contractor's contract on account of Subcontractor's claim.

Except as expressly otherwise provided, all change orders, whether stated as unit price, lump sum, mark-up of actual cost, or

otherwise, is inclusive of all applicable taxes, including without limitation, sales, use, gross receipts, or other taxes, fees, duties, or

charges of any kind. For the avoidance of doubt, except as expressly otherwise provided, all terms of Section 2 (Payment) apply to all

change orders. If the Owner refuses to issue any adjustment to the Contractor in terms of additional compensation or a time extension,

then Subcontractor shall not be entitled to any relief from Contractor.

c. For any Contractor initiated Change, Subcontractor shall submit its written request for a Change Order within five (5)

days of receipt of Contractor’s Change notice. Subcontractor’s request shall include documentation sufficient to enable the Contractor

to determine the factors necessitating the adjustment(s) being requested. If Contractor decides to proceed (or Subcontractor has

already proceeded with the written direction of Contractor) with the Change and a Subcontract adjustment is warranted, Contractor

shall issue a written Change Order to a Subcontractor adjusting the Subcontract either: (i) as requested by Subcontractor; or, (ii) in the

event the Contractor disagrees with Subcontractor’s statement as to the effect of the Change, Contractor shall issue a Change Order to

Subcontractor on terms Contractor reasonably deems appropriate. Subcontractor shall thereafter perform the Work in accordance with

the Change Order, subject to dispute resolution under Article 14. Subcontractor shall have no right to suspend or delay the

performance of its obligations under this Agreement while the Contractor is reviewing Subcontractor’s adjustment request or if

Subcontractor disagrees with the Change Order issued by Contractor. If agreed by Contractor, the value of the work for which a

change order may be authorized shall be established by one of the following methods:

1. Mutual agreement on a lump sum with sufficient information to substantiate the amount;

2. Unit prices already established in the Contract Documents or if not established by the Contract

Documents then established by mutual agreement for this adjustment; or

3. A mutually determined time and material basis.

4. If a Change is performed by Subcontractor on other than a lump sum basis, Subcontractor shall

furnish each day to Contractor certified copies of all time sheets, receiving and inspection reports and shall provide Contractor with

such purchase orders, invoices, Sub-subcontractor quotes and other documents and records as may enable Contractor to verify, to its

satisfaction, the costs or savings reasonably incurred by Subcontractor in effecting the Change. All labor, services, equipment,

materials, supplies and other items provided by Subcontractor on other than a lump sum basis shall be purchased at competitive

market prices and reflect Subcontractor's actual cost after rebates and discounts.

d. Subcontractor shall submit in writing to Contractor all claims not included in paragraph 7.b. within five (5) days of the

beginning of the event for which claim is made; otherwise such claims shall be waived. All unresolved claims shall be resolved in a

court of competent jurisdiction.

e. Subcontractor shall have no right to suspend, delay or stop performance of its obligations under this Subcontract while

Contractor or Owner are reviewing Subcontractor’s claim under subparagraphs (b) or (c) of this Article 7 or if Subcontractor disagrees

with any change order issued by Contractor or any decision rejecting Subcontractor’s claim.

f. Subcontractor acknowledges and agrees that any request for an adjustment due to a Change will be totally inclusive of all

additional costs and time extensions related to the Change, whether resulting from delays, inefficiencies, interferences or any other

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impact to Subcontractor's performance of the Work. Subcontractor's failure to request a cost or time adjustment in connection with a

Change shall constitute a representation by Subcontractor that no such adjustment is required and shall constitute a waiver by

Subcontractor of its right to any such adjustment. Subcontractor's failure to timely submit a proposed credit for deleted Work shall

render Contractor's and/or Owner's, Architect's, Construction Manager's or General Contractor's determination of the proper credit

final and binding.

8. SUBCONTRACTOR'S FAILURE TO PERFORM

a. If, in the opinion of Contractor, Subcontractor shall at any time (1) refuse or fail to provide sufficient properly skilled

workmen or materials of the proper quality, (2) fail in any respect to prosecute the work according to current schedule, (3) cause, by

any action or omission, the stoppage, or delay of or interference with the work of Contractor or of any other builder or subcontractor,

or (4) fail to comply with any provisions of this Subcontract, the Prime Contract or the Contract Documents, then, after serving three

(3) days, the Contractor may, at its option: (i) without voiding the other provisions of the subcontract and without notice to the

sureties, take such steps as are necessary to overcome the condition, in which case the Subcontractor shall be liable to Contractor for

the direct and indirect costs thereof; or (ii) terminate the Subcontract for default. In the event of termination for default, Contractor

may, at its option, (1) enter on the premises and take possession, for the purpose of completing the work, of all materials and

equipment of Subcontractor (2) require Subcontractor to assign to Contractor any or all of its subcontract or purchase orders involving

the project, or (3) complete the work either by itself or through others, by whatever method Contractor may deem expedient. In case

of termination for default, Subcontractor shall not be entitled to receive any further payment until the work shall be fully completed

and accepted by Owner. At such time, if the unpaid balance of the price to be paid shall exceed the cost to complete and other related

costs incurred by Contractor, such excess shall be paid by Contractor to Subcontractor. If such amount due Contractor shall exceed

such unpaid balance, then Subcontractor shall pay Contractor the difference within five (5) business days following demand by

Contractor. Subcontractor shall pay all reasonable costs of collection, including a reasonable attorney's fee, if any. The obligations

contained herein survive the termination of this Subcontract Agreement.

b. If Contractor is subsequently determined to have improperly or wrongfully exercised any option under Article 8.a. (i) or

(ii) above, such exercise shall be deemed a Termination for Convenience and the Subcontractor compensated as provided for in

Article 13 hereof.

9. WARRANTY

Subcontractor warrants its work hereunder and the performance thereof, to Contractor on the same terms, and for the same period,

as Contractor warrants the work to Owner under the Contract Documents; and with respect to Subcontractor's work, Subcontractor

shall perform all warranty obligations and responsibilities assumed by Contractor under the Contract Documents.

10. LIENS

a. In the event that liens are filed by anyone in relation to the labor and/or material being furnished by Subcontractor, Sub-

contractor agrees to have the same discharged, by substitution of a surety bond, or otherwise, within five (5) days of notice. In the

event such lien is not so discharged, Contractor shall have the right to discharge said lien and recover from Subcontractor all costs,

including legal fees, associated therewith as provided in Article 2.e and 4.d.

b. Prior to final payment, Subcontractor shall provide to Contractor, in the form attached hereto as EXHIBIT F a full and

final release of its lien rights and any and all claims, and all lien rights and claims of all persons furnishing labor and/or materials for

the performance of this Subcontract, and satisfactory evidence that there are no other liens or claims whatsoever outstanding against

the work.

11. INSPECTION AND ACCEPTANCE

Subcontractor shall provide appropriate facilities at all reasonable times for inspection by Contractor or Owner of the work and

materials provided under this Subcontract, whether at the Project site or at any place where such work or materials may be in

preparation, manufacture, storage or installation. Subcontractor shall promptly replace or correct any work or materials which

Contractor or Owner shall reject as failing to conform to the requirements of this Subcontract. The work shall be accepted according

to the terms of the Contract Documents. However, unless otherwise agreed in writing, entrance and use by Owner or Contractor shall

not constitute acceptance of the work.

12. TERMINATION FOR CONVENIENCE

9

Contractor shall have the absolute right in its sole discretion to terminate this Subcontract, either in part or in full, for convenience,

by providing Subcontractor with five (5) days' written notice of termination, to be effective upon expiration of said five-day period. If

the Subcontract is terminated for convenience, the Subcontractor shall be paid the value of its work performed to that date only subject

to the Subcontractor's satisfaction of paragraphs 2.c, d, e, f and g, as provided in the Contract Documents, after payment therefore by

the Owner to Contractor. Thereafter, neither party shall have any further right against the other including, but not limited to, any

claim for lost profits.

13. APPROVALS

a. Subcontractor shall promptly deliver to Contractor copies of shop drawings, cuts, samples and material lists required by

Contractor or Contract Documents and in accordance with the Contract Documents within sufficient time so as not to delay

performance of the Project and within the time stated in the Contract Documents. Notwithstanding any general approval granted by

Contractor or Owner, all work shall be in accordance with the Contract Documents.

b. Contractor's review of shop drawings, cuts, samples and material lists is only for the convenience of the Owner in

following the work and said review shall not be construed as an assumption of any design responsibility whatsoever, or a

determination that the work described therein conforms to the applicable building code and/or other codes, nor shall said review

relieve the Subcontractor from responsibility for any deviations from the requirements of the Contract Documents.

14. REMOVAL OF DEBRIS

The Subcontractor shall keep the construction area, including storage areas used by him, at all times free from Subcontractor's

rubbish, waste material, excess material, equipment, and debris, and each day shall remove from the site, or to a specified location on

the site as may be directed by the Contractor, any such rubbish, waste material and debris, and prior to completion of work, shall

remove all tools, scaffolding, equipment and materials used by Subcontractor and not incorporated into the completed work and shall

leave subcontractor's work "broom clean" and free and clear of all obstruction and hindrance. If the Subcontractor fails to so remove

Subcontractor's rubbish, waste materials etc., after 24 hours written notice, then the Contractor shall have the right to remove same and

charge the cost thereof against monies due or to become due the Subcontractor.

15. ASSIGNMENT

Subcontractor shall not sub-subcontract the work of this Subcontract and shall not assign or transfer this Subcontract, or funds due

hereunder, without the written consent of Contractor and Subcontractor's surety.

16. PATENTS AND ROYALTIES.

Except as otherwise provided by the Contract Documents, Subcontractor shall pay all royalties and license fees which may be due

on the inclusion of any patented material in the work. Subcontractor shall defend all suits or claims for infringement of any patent

rights that may be brought against Contractor or Owner arising out of the work, and shall be liable to Contractor and Owner for all

loss, including all costs and expenses, on account thereof.

17. TAXES AND PERMITS

a. Subcontractor agrees to pay and comply with and hold Contractor harmless against the payment of all

contributions, taxes, or premiums which may be payable by it under Federal, state, or local laws arising out

of the performance of this Subcontract, and all sales, use or other taxes of whatever nature levied or

assessed against Owner, Contractor, or Subcontractor arising out of this Subcontract, including any interest

or penalties. The price set forth in Paragraph 2 and as determined pursuant to Paragraph 7 includes all

applicable taxes, including without limitation, sales, use, gross receipts, or other taxes, fees, duties, or

charges of any kind. Subcontractor shall obtain and pay for all permits, licenses, fees and certificates of

inspection necessary for the prosecution and completion of its work, and shall arrange for all necessary

inspections and approvals by public officials.

b. Subcontractor hereby represents, warrants and certifies to Contractor as follows [check only one box, initial

and insert appropriate information where applicable]:

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� _____ [Initial here if applicable] Subcontractor is a “resident contractor” as defined in Section 12-

430(7) of the Connecticut General Statutes, and maintains a regular place of business in the State of Connecticut at

_________________________ [INSERT ADDRESS], with a CT Tax Registration Number of _______________

[INSERT #], and a CT Secretary of State Business ID Number of _______________ [INSERT #].

� _____ [Initial here if applicable] Subcontractor is a “verified contractor” as defined in Section 12-430(7)

of the Connecticut General Statutes, and Contractor may withhold five percent (5%) of the gross amounts payable to

Subcontractor under this Subcontract Agreement unless and until Contractor has received confirmation of

Subcontractor’s verified contractor status from the Department of Revenue Services of the State of Connecticut.

� _____ [Initial here if applicable] Subcontractor is a “nonresident contractor” as defined in Section 12-

430(7) of the Connecticut General Statutes with a CT Tax Registration Number of_______________ [INSERT #],

and Contractor may withhold five percent (5%) of the gross amounts payable to Subcontractor under this

Subcontract Agreement unless and until Contractor has received a certificate of compliance covering Subcontractor

from the Department of Revenue Services of the State of Connecticut.

Without limiting any of Contractor’s or Owner’s other rights under this Subcontract Agreement, Subcontractor hereby agrees

to indemnify, defend and hold harmless Contractor and Owner from any liability, costs or damages whatsoever, including

without limitation, any taxes, fees, duties, or charges of any kind, and all penalties, fines, additions to tax, or interest thereon,

and all related costs and expenses (including attorneys’ fees) imposed upon, arising out of, or relating to any breach of

Subcontractor’s above representations, which indemnity will survive the termination of this Subcontract Agreement.

c. Notwithstanding anything in this Subcontract Agreement to the contrary, Contractor may withhold taxes as

required under applicable law on payments made to Subcontractor hereunder and shall be required to remit to Subcontractor

only the net proceeds thereof. Contractor shall remit all taxes withheld to the appropriate governmental authority in a timely

manner.

18. LAWS, REGULATIONS AND ORDINANCES

Subcontractor agrees to be bound by, and, at its own cost, comply with all Federal, state, and local laws, codes, ordinances and

regulations, all as amended from time to time, applicable to this Subcontract and the performance of the work hereunder including the

Occupational Safety and Health Act of 1970. Subcontractor shall be duly licensed to operate under the law of the applicable

jurisdictions and qualified to do business in the state where the Project is located, and shall furnish Contractor with evidence of such

licensing and qualifications upon execution of this Subcontract Agreement. Subcontractor shall be liable to Contractor and Owner for

all loss, cost and expense attributable to any acts of commission or omission by Subcontractor, its employees and agents resulting

from failure to comply with the foregoing including, but not limited to, any fines, penalties or corrective measures. In the event of any

such noncompliance, Contractor shall have the right to withhold any payments due Subcontractor hereunder until compliance is

forthcoming.

19. LABOR

It is understood that contracts will be awarded by Contractor and labor will be employed on the Project without discrimination as

to whether employees, agents, suppliers and/or Subcontractors, of the Contractor or any other Subcontractor including those that may

be employed by the Owner of the Project are members or non-members of any labor or collective bargaining organization, and the

Subcontractor accepts this contract with this understanding.

There shall be no manifestations on the Project of any dispute between any labor organization and the Subcontractor. The

Subcontractor agrees to employ men, agents, suppliers and subcontractors who will perform the work under this Subcontract whether

or not other employees or mechanics on the project are members or non-members of any labor or collective bargaining organization.

Should any workers performing work covered by this Subcontract engage in a strike or other work stoppage or cease work due to

picketing or a labor dispute of any kind, Contractor may, at its option and without prejudice to any other remedies it may have, after

twenty-four (24) hours written notice to Subcontractor, provide any substitute labor as may be required and deduct the cost thereof

from any monies then due or thereafter to become due Subcontractor; and further, Contractor may at its option, without prejudice to

any other remedies it may have, terminate the employment of Subcontractor for the work under this Subcontract, and shall have the

right to enter upon the premises and take possession for the purpose of completing the work hereunder of all Subcontractor's materials,

tools, and equipment thereon and to finish the work either with its own employees or other Subcontractors; and in case of such

termination of the employment by Contractor, Subcontractor shall not be entitled to receive any further payments under the

Subcontract or otherwise but shall nevertheless remain liable for any damages which Contractor incurs. If the expenses incurred by

Contractor in completing the work shall exceed the unpaid balance due Subcontractor, Subcontractor shall pay the difference to

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Contractor together with any other damages incurred by Contractor as the result of Subcontractor's default. Contractor shall have a

lien upon all materials, tools and appliances taken possession of, to secure the payment thereof.

20. EQUAL OPPORTUNITY

a. In connection with the performance of work under this Subcontract, Subcontractor agrees not to discriminate against any

employee or applicant for employment because of race, religion, sex, handicap, color or national origin. The aforesaid provision shall

include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or advertising; layoff or

termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subcontractor agrees to

post hereafter, in conspicuous places, available for employees and applicants for employment, notices, prepared by Subcontractor, and

approved by the government when required, setting for the provisions of this Article 21.

b. Subcontractor shall permit access to its books, records and accounts by representatives of Contractor or Owner for

purpose of investigation to ascertain compliance with the provisions of this Article 21.

c. In the event of Subcontractor's noncompliance with the equal opportunity provisions of this Subcontract, this Subcontract

may be terminated for default.

d. Subcontractor shall include the provisions of this Article 21 in every lower-tier subcontract and purchase order. The

requirements of this Article 21 shall be in addition to any equal opportunity provisions of the Contract Documents.

21. NOTICES

All notices shall be addressed to the parties at the addresses set out herein, and shall be considered as delivered when post-marked,

if dispatched by registered mail, or when received in all other cases.

22. OWNER'S APPROVAL

In the event the Prime Contract states that this Subcontract is subject to approval of the Owner, then if the Owner disapproves the

Subcontractor for any cause whatsoever, except the refusal of the Subcontractor to supply materials or equipment that complies with

the Prime Contractor Specifications, which shall be a default, this Subcontract will immediately become null and void and neither

party will have any claim as against the other.

23. TERMINATION BY OWNER

This Agreement is subject to the right, if any, of the Owner to terminate the Prime Contract as provided therein, in which event the

provisions of the termination article of the Prime Contract shall become operative as if set forth herein at length, and the Contractor

shall have the same rights, remedies and privileges with respect to the Subcontractor as the Owner possesses under the said Prime

Contract with respect to the Contractor, and the Subcontractor hereby expressly agrees to comply with all the obligations with respect

to the termination that the Contractor is required to comply with under the terms of the Prime Contract. In the event of such

termination, the Contractor's liability under this Agreement shall not exceed the termination allowance which shall be made by the

Owner to the Contractor for the work covered herein less such part of said sum as represents the Contractor's overhead and profit

allocable thereto.

24. PAYROLL TAXES AND CONTRIBUTIONS

Subcontractor shall accept exclusive liability and shall indemnify and hold harmless Contractor from any liability for payment on

any payroll taxes or contributions for unemployment insurance, old age pensions, and annuities which are measured by the wages,

salaries, or other remuneration paid to employees, which by law are required to be paid, and for any and all taxes assessed by any city,

county, state or the federal government, relating or pertaining to the work.

25. PRICE INCREASES

It is understood that, at the time of execution of this Subcontract, the parties hereto are aware of the possibility of increases in

prices of labor and materials during the performance of this Subcontract and/or the difficulty in obtaining same. It is understood that

any and all risks of increase in price of labor and materials during the original performance period of this Subcontract have been

contemplated by the Subcontractor and have been taken into full consideration in arriving at the Subcontract price.

26. FAILURE TO EXECUTE

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In the event Subcontractor fails to execute and return this Subcontract to the Contractor within ten (10) days from the date hereof,

it shall be deemed canceled, null and void and inoperative, at the option of the Contractor.

27. APPLICABLE LAW

The laws of the State of Connecticut shall govern the rights of the parties hereto and the construction of this Agreement and

Connecticut shall be the sole situs for any action commenced.

28. SEVERABILITY AND WAIVER

The partial or complete invalidity of any one or more provisions of this Subcontract shall not affect the validity or continuing force

and effect of any other provision. The failure of either party to insist, in any one or more instances, upon the performance of any of

the terms, covenants, or conditions of this Subcontract, or to exercise any right herein, shall not be construed as a waiver or

relinquishment of such term, covenant, condition or right as respects further performance.

29. ADVERTISING

Neither Subcontractor, its subcontractors, suppliers nor employees shall take photographs of the work on site, or publish or display

advertising matter of any description relating to the Project without first obtaining written consent of Contractor and the Owner.

30. BOND

Out of State Subcontractors must procure a “Sales Tax Guaranty Bond” for the State of Connecticut equal to 5% of the

contract value, or General Contractor must withhold 5% of the contract value “as a Deposit by a person doing business with a

non-resident contractor bond” and remit this 5% to the State of Connecticut Department of Revenue Services.

31. SPECIAL REQUIREMENTS

The Subcontractor also agrees to be bound by the special requirements of EXHIBIT B attached hereto and incorporated herein.

32. SUBCONTRACTOR'S SCOPE OF WORK

Provide the necessary labor, materials, supplies, plant, erection, equipment, services, transportation, hoisting, scaffolding,

materials handling, tools, layout, permits, fees sales, service and use taxes and supervision necessary, or incidental to the work

required or contemplated for the construction of this project in strict conformity with the Contract Documents and per plans and

specifications, as set forth and more fully described in EXHIBITS A and B.

33. CONTRACT INTERPRETATIONS

The Contract Documents are intended to be read as a whole, and any Work required by one part and not mentioned in another

(e.g., item shown in drawing and not mentioned in the specifications, or mentioned in the specifications and not shown in drawing),

shall be executed to the same extent as though required by all. The addition, omission or incorrect placement of a word or character in

one part of the Subcontract shall not change the intent of the Subcontract as a whole, and shall not constitute the basis for a claim by

the Subcontractor for an increase in the Subcontract Price or an extension of time within which to perform and complete the Work. In

the event of a conflict between one or more provisions of the Contract Documents, the provision imposing the more demanding term,

condition, duty or standard of performance, or the greater limitation on the nature and type of relief or damages allowed to

Subcontractor, shall control. A conflict exists in the Contract Documents when the same subject matter is addressed by two or more

provisions of the Contract Documents in a manner that cannot be reconciled to give effect to all provisions. In the various parts of the

Contract Documents where reference is made to applicable codes and standards, the Work shall, except as otherwise specified,

conform to the latest issue of the referenced code or standard available at the time the Work is performed.

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34. WAIVER OF CONSEQUENTIAL DAMAGES

In no event will Contractor be liable to Subcontractor on account of consequential, special or incidental damages arising out

of the Subcontract whether based on breach of contract, warranty, tort, strict liability or otherwise, including without limitation, loss of

bonding capacity or business interruption.

35. COMPLETE AGREEMENT

This Subcontract contains the entire agreement between the parties hereto with respect to the matters covered herein. No other

agreements, representations, warranties, or other matters, oral or written, shall be deemed to bind the parties hereto. No modification

of this Agreement shall be effective unless it is in writing and signed by, a duly authorized officer of the Contractor, nor may the

provisions of this clause be waived except by such a writing. This Agreement shall be binding upon and inure to the benefit of the

parties hereto and their respective successors, legal representatives and assigns.

36. RESOLUTION OF DISPUTES

a. In case of any dispute between Contractor and Subcontractor, due to any action by Owner of involving the Contract

Documents, Subcontractor agrees to be bound to Contractor to the same extent that Contractor is bound to Owner, by terms of the

Contract Documents, and by any and all preliminary and final decisions or determinations made thereunder by the party, board,

arbitration panel or court so authorized in the Contract Documents or by law, whether or not Subcontractor is a party to such

proceedings. In case of such dispute, Subcontractor will comply with all provisions of the Contract Documents allowing a reasonable

time for Contractor to analyze and forward to Owner any required communications or documentation. Contractor will, at its option

(1) present to Owner in Contractor's name, or (2) authorize Subcontractor to present to Owner, in Contractor's name, all of

Subcontractor's claims and answer Owner's claims involving Subcontractor's work, whenever Contractor is permitted to do so by the

terms of the Contract Documents. If such dispute is prosecuted or defended by Contractor, Subcontractor agrees to furnish all

documents, statements, witnesses, and other information required, and to pay or reimburse Contractor for all costs incurred in

connection therewith including attorney’s fees. The Subcontract price shall be adjusted by Subcontractor's allocable share determined

in accordance with Article 7 hereof.

b. Notwithstanding any other provision of this Subcontract (including without limitation paragraph 1.b.) or the Contract

Documents to the contrary, no dispute or claim of any nature arising out of or relating to this Subcontract will be subject to arbitration

except at the sole option of Contractor, and any such dispute between the Contractor and Subcontractor shall be resolved in a court of

competent jurisdiction in the State of Connecticut. IN ANY LITIGATION BETWEEN CONTRACTOR AND SUBCONTRACTOR,

SUBCONTRACTOR HEREBY IRREVOCABLY WAIVES ITS RIGHT TO A JURY TRIAL.

c. Should Contractor employ an attorney to institute suit or demand arbitration to enforce any of the provisions hereof, to

protect its interest in any manner arising under this Agreement, to collect damages for the breach of this Agreement, or to recover on a

surety bond given by Subcontractor, the Contractor shall be entitled to recover reasonable attorney’s fees, costs, charges, and expenses

expended or incurred therein.

In WITNESS WHEREOF, the parties, by their duly authorized representatives, have hereunto executed this Subcontract, on the

day and year above written.

WITNESSES: SUBCONTRACTOR:

By:________________________________________

Its:

______________________

WITNESSES: CONTRACTOR: Zlotnick Construction, Inc.

By: ________________________________________

Gregory G. Zlotnick

Its: President/CEO

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SUBCONTRACT AGREEMENT

EXHIBIT A - CONTRACT DOCUMENTS

1. Contract between Subcontractor and Zlotnick Construction, Inc. dated: .

2. Plans and Specifications prepared by:

3. General Conditions dated: .

4. Special Conditions dated: .

DRAWINGS:

NUMBER DESCRIPTION DATE

SEE ATTACHED DRAWING LOG

15



EXHIBIT B - SPECIAL REQUIREMENTS

(List here any other special requirements or conditions peculiar to this subcontract)

16



EXHIBIT C

List below all sub-subcontractors and material suppliers including addresses, phone numbers and dollar amount of their work or

materials in conjunction with this agreement.

(Any additions/deletions to the listing during said project will necessitate Zlotnick Construction, Inc. being notified in writing within

ten days, of addition or deletion).

17

18

19

Exhibit E

SUBCONTRACTORS’ AND MATERIAL SUPPLIERS’ PARTIAL RELEASE, INDEMNITY, MECHANICS

LIEN WAIVER, AND RECEIPT

The undersigned, ____________________________________ (“Releasing Party”) located at ________________________________________________, having performed or furnished, or having caused to be performed or furnished, labor, services or materials in the construction, alteration or improvement of that property of __________________________________________ (“Owner”) described as:

_____________________________________________________________________________ _____________________________________________________________________________ (the “Project” which term includes the real property on which construction is taking place) hereby certifies that the Releasing Party has been paid by _________________ (“Contractor") pursuant to a Subcontract with Contractor all the monies due it, less retainage of $_________, for all labor, materials or services, including all sales tax, performed on or furnished to the Project up to and including the date of _______________ [date payment is made through](referred to hereinafter as the “Release Date”).

The Releasing Party, up through and including the Release Date, does hereby remise, release and forever discharge, for itself and its successors, Owner, Contractor, Payment Bond Surety and their respective directors, officers, employees and agents and their successors, heirs, executors and administrators (“Discharged Parties”), of and from all manner of actions and actions, cause and causes of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever in law, in admiralty, or in equity which against the Discharged Parties the Releasing Party ever had, now has, or which it or its successors, hereafter can, shall or may have from the beginning of the world to the Release Date in connection with any and all claims of any nature whatsoever arising out of or relating to the Project.

Further, the Releasing Party certifies, under oath, and in accordance with all applicable

statutes, laws and regulations, that all lienors, including laborers, subcontractors or materialmen, have been paid in full up through the Release Date for all materials, equipment, fees, licenses, insurances and taxes of every description and that there are no liens, causes for liens or claims against the Releasing Party for such items. The Releasing Party certifies that it will indemnify and save harmless the Discharged Parties from any and all manner of claims, liens, suits, losses, costs, expenses and damages, including, but not limited to, reasonable attorneys’ fees arising out of or resulting from the subcontract agreement referred to above, or any work performed or material supplied thereunder, and hereby releases forever all claim, title and interest in the Project for the same through the Release Date.

Further, the Releasing Party for value received does hereby release and discharge the

Project and the Payment Bond from any and all mechanic’s liens and claims of liens, equitable or legal, which the undersigned has or may have against the Project or the Payment Bond for labor, services or materials through the Release Date. Lien rights, or rights against the Payment Bond, which the Releasing Party may acquire for labor, services or materials furnished subsequent to the Release Date are not released by this instrument.

Further, the Releasing Party warrants that no assignment of claims for payments or rights

to perfect a lien against the Project or a claim against the Payment Bond, has been made and that the undersigned has the authority to execute this Partial Release and Waiver of Liens and

20

has performed the labor and services supplied and the materials required of the Releasing Party to the state of completion of said improvements for which payment is being applied. The undersigned has personal knowledge that the statements made herein are true and correct.

Further, the undersigned hereby certifies that all amounts collected from the Contractor

have been paid inclusive of all applicable taxes, including sales and use taxes, and the undersigned has properly remitted such taxes to the appropriate taxing authority.

Dated: __________________________, 20__.

By:_______________________

Title:______________________

STATE OF } } SS: COUNTY OF }

The foregoing instrument was acknowledged before me this ____ day of __________, 20__ by _____________________________, as ____________________, of _________________________, a ____________________ corporation on behalf of the corporation. He/She is personally known to me or has produced _________________ as identification and did (did not) take an oath. My Commission Expires:

(Signature)

Name: (Legibly Printed)

(AFFIX OFFICIAL SEAL) Notary Public, State of

21

Exhibit F

SUBCONTRACTORS’ AND MATERIAL SUPPLIERS’

FINAL RELEASE, INDEMNITY, MECHANICS LIEN WAIVER, AND RECEIPT

The undersigned, ____________________________________ (“Releasing Party”)

located at ________________________________________________, having performed or furnished, or having caused to be performed or furnished, labor, services or materials in the construction, alteration or improvement of that property of __________________________________________ (“Owner”) described as:

_____________________________________________________________________________ _____________________________________________________________________________ (the “Project” which term includes the real property on which construction is taking place) hereby certifies that the Releasing Party has been paid in full by _________________ (“Contractor") pursuant to a Subcontract with Contractor all the monies due it for all labor, materials or services, including all sales tax, performed on or furnished to the Project.

The Releasing Party, does hereby remise, release and forever discharge, for itself and its successors, Owner, Contractor, Payment Bond Surety and their respective directors, officers, employees and agents and their successors, heirs, executors and administrators (“Discharged Parties”), of and from all manner of actions and actions, cause and causes of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever in law, in admiralty, or in equity which against the Discharged Parties the Releasing Party ever had, now has, or which it or its successors, hereafter can, shall or may have in connection with any and all claims of any nature whatsoever arising out of or relating to the Project.

Further, the Releasing Party certifies, under oath, and in accordance with all applicable

statutes, laws and regulations, that all lienors, including laborers, subcontractors or materialmen, have been paid in full for all materials, equipment, fees, licenses, insurances and taxes of every description and that there are no liens, causes for liens or claims against the Releasing Party for such items. The Releasing Party certifies that it will indemnify and save harmless the Discharged Parties from any and all manner of claims, liens, suits, losses, costs, expenses and damages, including, but not limited to, reasonable attorneys’ fees arising out of or resulting from the subcontract agreement referred to above, or any work performed or material supplied thereunder, and hereby releases forever all claim, title and interest in the Project for the same.

Further, the Releasing Party for value received does hereby release and forever

discharge the Project and the Payment Bond from any and all mechanic’s liens and claims of liens, equitable or legal, which the undersigned has or may have against the Project or the Payment Bond for labor, services or materials.

Further, the Releasing Party warrants that no assignment of claims for payments or rights

to perfect a lien against the Project or a claim against the Payment Bond, has been made and that the undersigned has the authority to execute this Final Release and Waiver of Liens and has performed the labor and services supplied and the materials required of the Releasing Party to the state of completion of said improvements for which payment is being applied. The undersigned has personal knowledge that the statements made herein are true and correct. Rev. 5/1/17

22

Further, the undersigned hereby certifies that all amounts collected from the Contractor have been paid inclusive of all applicable taxes, including sales and use taxes, and the undersigned has properly remitted such taxes to the appropriate taxing authority.

Dated: __________________________, 20__.

By:_______________________

Title:______________________

STATE OF } } SS: COUNTY OF }

The foregoing instrument was acknowledged before me this ____ day of __________, 20__ by _____________________________, as ____________________, of _________________________, a ____________________ corporation on behalf of the corporation. He/She is personally known to me or has produced _________________ as identification and did (did not) take an oath. My Commission Expires:

(Signature)

Name: (Legibly Printed)

(AFFIX OFFICIAL SEAL) Notary Public, State of

IX. General Conditions of the Contract for Construction (AIA201-2007)

Document A201TM

– 2007General Conditions of the Contract for Construction

Init.

/

AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 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 13:49:54 ET on 03/13/2019 under Order No. 7688790089 which expires on 06/13/2019, and is not for resale.User Notes: (3B9ADA60)

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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.





for the following PROJECT:(Name and location or address)Windham Senior Community Center1 Jillson Square, Willimantic, CT 06226

THE OWNER:(Name, legal status and address)Town of Windham979 Main StreetWillimantic, CT 06226

THE ARCHITECT:(Name, legal status and address)Quisenberry Arcari Malik LLC 195 Scott RoadFarmington, Connecticut 06032

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ARCHITECT

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES

Init.

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INDEX(Topics and numbers in bold are section headings.)

Acceptance of Nonconforming Work9.6.6, 9.9.3, 12.3Acceptance of Work9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3Access to Work3.16, 6.2.1, 12.1Accident Prevention10Acts and Omissions3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2Addenda1.1.1, 3.11Additional Costs, Claims for3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4Additional Inspections and Testing9.4.2, 9.8.3, 12.2.1, 13.5Additional Insured11.1.4Additional Time, Claims for3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5Administration of the Contract3.1.3, 4.2, 9.4, 9.5Advertisement or Invitation to Bid1.1.1Aesthetic Effect4.2.13Allowances3.8, 7.3.8All-risk Insurance11.3.1, 11.3.1.1Applications for Payment4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3Approvals2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1Arbitration8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT4Architect, Definition of4.1.1Architect, Extent of Authority2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 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, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1Architect, Limitations of Authority and Responsibility2.1.1, 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, 9.5.3, 9.6.4, 15.1.3, 15.2

Architect’s Additional Services and Expenses2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4Architect’s Administration of the Contract3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5Architect’s Approvals2.4, 3.1.3, 3.5, 3.10.2, 4.2.7Architect’s Authority to Reject Work3.5, 4.2.6, 12.1.2, 12.2.1Architect’s Copyright1.1.7, 1.5Architect’s Decisions3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3Architect’s Inspections3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5Architect’s Instructions3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2Architect’s Interpretations4.2.11, 4.2.12Architect’s Project Representative4.2.10Architect’s Relationship with Contractor1.1.2, 1.5, 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, 4.1.3, 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, 11.3.7, 12, 13.4.2, 13.5, 15.2Architect’s Relationship with Subcontractors1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7Architect’s Representations9.4.2, 9.5.1, 9.10.1Architect’s Site Visits3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5Asbestos10.3.1Attorneys’ Fees3.18.1, 9.10.2, 10.3.3Award of Separate Contracts6.1.1, 6.1.2Award of Subcontracts and Other Contracts for Portions of the Work5.2Basic Definitions1.1Bidding Requirements1.1.1, 5.2.1, 11.4.1Binding Dispute Resolution9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1Boiler and Machinery Insurance11.3.2Bonds, Lien7.3.7.4, 9.10.2, 9.10.3Bonds, Performance, and Payment7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4

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Building Permit3.7.1Capitalization1.3Certificate of Substantial Completion9.8.3, 9.8.4, 9.8.5Certificates for Payment4.2.1, 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, 15.1.3Certificates of Inspection, Testing or Approval13.5.4Certificates of Insurance9.10.2, 11.1.3Change Orders1.1.1, 2.4, 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, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3Change Orders, Definition of7.2.1CHANGES IN THE WORK2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.3.9Claims, Definition of15.1.1CLAIMS AND DISPUTES3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4Claims and Timely Assertion of Claims15.4.1Claims for Additional Cost3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4Claims for Additional Time3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5Concealed or Unknown Conditions, Claims for3.7.4Claims for Damages3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6Claims Subject to Arbitration15.3.1, 15.4.1Cleaning Up3.15, 6.3Commencement of the Work, Conditions Relating to2.2.1, 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, 11.3.1, 11.3.6, 11.4.1, 15.1.4Commencement of the Work, Definition of8.1.2Communications Facilitating Contract Administration3.9.1, 4.2.4Completion, Conditions Relating to3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2COMPLETION, PAYMENTS AND9Completion, Substantial

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, 13.7Compliance with Laws1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3Concealed or Unknown Conditions3.7.4, 4.2.8, 8.3.1, 10.3Conditions of the Contract1.1.1, 6.1.1, 6.1.4Consent, Written3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2Consolidation or Joinder15.4.4CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS1.1.4, 6Construction Change Directive, Definition of7.3.1Construction Change Directives1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1Construction Schedules, Contractor’s3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2Contingent Assignment of Subcontracts5.4, 14.2.2.2Continuing Contract Performance15.1.3Contract, Definition of1.1.2CONTRACT, TERMINATION OR SUSPENSION OF THE5.4.1.1, 11.3.9, 14Contract Administration3.1.3, 4, 9.4, 9.5Contract Award and Execution, Conditions Relating to3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1Contract Documents, Copies Furnished and Use of1.5.2, 2.2.5, 5.3Contract Documents, Definition of1.1.1Contract Sum3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5Contract Sum, Definition of9.1Contract Time3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5Contract Time, Definition of8.1.1CONTRACTOR3

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Contractor, Definition of3.1, 6.1.2Contractor’s Construction Schedules3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2Contractor’s Employees3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1Contractor’s Liability Insurance11.1Contractor’s Relationship with Separate Contractors and Owner’s Forces3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4Contractor’s Relationship with Subcontractors1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8Contractor’s Relationship with the Architect1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 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, 11.3.7, 12, 13.5, 15.1.2, 15.2.1Contractor’s Representations3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2Contractor’s Responsibility for Those Performing the Work3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8Contractor’s Review of Contract Documents3.2Contractor’s Right to Stop the Work9.7Contractor’s Right to Terminate the Contract14.1, 15.1.6Contractor’s Submittals3.10, 3.11, 3.12.4, 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, 11.1.3, 11.4.2Contractor’s Superintendent3.9, 10.2.6Contractor’s Supervision and Construction Procedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3Contractual Liability Insurance11.1.1.8, 11.2Coordination and Correlation1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1Copies Furnished of Drawings and Specifications1.5, 2.2.5, 3.11Copyrights1.5, 3.17Correction of Work2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2Correlation and Intent of the Contract Documents1.2Cost, Definition of7.3.7Costs

2.4, 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, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14Cutting and Patching3.14, 6.2.5Damage to Construction of Owner or Separate Contractors3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4Damage to the Work3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4Damages, Claims for3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6Damages for Delay6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2Date of Commencement of the Work, Definition of8.1.2Date of Substantial Completion, Definition of8.1.3Day, Definition of8.1.4Decisions of the Architect3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2Decisions to Withhold Certification9.4.1, 9.5, 9.7, 14.1.1.3Defective or Nonconforming Work, Acceptance, Rejection and Correction of2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1Definitions1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1Delays and Extensions of Time3.2, 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, 15.1.5, 15.2.5Disputes6.3, 7.3.9, 15.1, 15.2Documents and Samples at the Site3.11Drawings, Definition of1.1.5Drawings and Specifications, Use and Ownership of3.11Effective Date of Insurance8.2.2, 11.1.2Emergencies10.4, 14.1.1.2, 15.1.4Employees, Contractor’s3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1Equipment, Labor, Materials or1.1.3, 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, 7.3.7, 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

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Execution and Progress of the Work1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3Extensions of Time3.2.4, 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, 15.1.5, 15.2.5Failure of Payment9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2Faulty Work(See Defective or Nonconforming Work)Final Completion and Final Payment4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 14.2.4, 14.4.3Financial Arrangements, Owner’s2.2.1, 13.2.2, 14.1.1.4Fire and Extended Coverage Insurance11.3.1.1GENERAL PROVISIONS1Governing Law13.1Guarantees (See Warranty)Hazardous Materials10.2.4, 10.3Identification of Subcontractors and Suppliers5.2.1Indemnification3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7Information and Services Required of the Owner2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3Initial Decision15.2Initial Decision Maker, Definition of1.1.8Initial Decision Maker, Decisions14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5Initial Decision Maker, Extent of Authority14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5Injury or Damage to Person or Property10.2.8, 10.4Inspections3.1.3, 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, 13.5Instructions to Bidders1.1.1Instructions to the Contractor3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2Instruments of Service, Definition of1.1.7Insurance3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11Insurance, Boiler and Machinery

11.3.2Insurance, Contractor’s Liability11.1Insurance, Effective Date of8.2.2, 11.1.2Insurance, Loss of Use11.3.3Insurance, Owner’s Liability11.2Insurance, Property10.2.5, 11.3Insurance, Stored Materials9.3.2INSURANCE AND BONDS11Insurance Companies, Consent to Partial Occupancy9.9.1Intent of the Contract Documents1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4Interest13.6Interpretation1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1Interpretations, Written4.2.11, 4.2.12, 15.1.4Judgment on Final Award15.4.2Labor and Materials, Equipment1.1.3, 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, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2Labor Disputes8.3.1Laws and Regulations1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4Liens2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8Limitations, Statutes of12.2.5, 13.7, 15.4.1.1Limitations of Liability2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2Limitations of Time2.1.2, 2.2, 2.4, 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, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15Loss of Use Insurance11.3.3Material Suppliers1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5Materials, Hazardous10.2.4, 10.3Materials, Labor, Equipment and

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1.1.3, 1.1.6, 1.5.1, 3.4.1, 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, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2Means, Methods, Techniques, Sequences and Procedures of Construction3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2Mechanic’s Lien2.1.2, 15.2.8Mediation8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1Minor Changes in the Work1.1.1, 3.12.8, 4.2.8, 7.1, 7.4MISCELLANEOUS PROVISIONS13Modifications, Definition of1.1.1Modifications to the Contract1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1Mutual Responsibility6.2Nonconforming Work, Acceptance of9.6.6, 9.9.3, 12.3Nonconforming Work, Rejection and Correction of2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1Notice2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1Notice, Written2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1Notice of Claims3.7.4, 10.2.8, 15.1.2, 15.4Notice of Testing and Inspections13.5.1, 13.5.2Observations, Contractor’s3.2, 3.7.4Occupancy2.2.2, 9.6.6, 9.8, 11.3.1.5Orders, Written1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1OWNER2Owner, Definition of2.1.1Owner, Information and Services Required of the2.1.2, 2.2, 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, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3Owner’s Authority1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1,

7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7Owner’s Financial Capability2.2.1, 13.2.2, 14.1.1.4Owner’s Liability Insurance11.2Owner’s Relationship with Subcontractors1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2Owner’s Right to Carry Out the Work2.4, 14.2.2Owner’s Right to Clean Up6.3Owner’s Right to Perform Construction and to Award Separate Contracts6.1Owner’s Right to Stop the Work2.3Owner’s Right to Suspend the Work14.3Owner’s Right to Terminate the Contract14.2Ownership and Use of Drawings, Specifications and Other Instruments of Service1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3Partial Occupancy or Use9.6.6, 9.9, 11.3.1.5Patching, Cutting and3.14, 6.2.5Patents3.17Payment, Applications for4.2.5, 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, 14.4.3Payment, Certificates for4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4Payment, Failure of9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2Payment, Final4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3Payment Bond, Performance Bond and7.3.7.4, 9.6.7, 9.10.3, 11.4Payments, Progress9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3PAYMENTS AND COMPLETION9Payments to Subcontractors5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2PCB10.3.1Performance Bond and Payment Bond7.3.7.4, 9.6.7, 9.10.3, 11.4Permits, Fees, Notices and Compliance with Laws2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2

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PERSONS AND PROPERTY, PROTECTION OF10Polychlorinated Biphenyl10.3.1Product Data, Definition of3.12.2Product Data and Samples, Shop Drawings3.11, 3.12, 4.2.7Progress and Completion4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3Progress Payments9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3Project, Definition of1.1.4Project Representatives4.2.10Property Insurance10.2.5, 11.3PROTECTION OF PERSONS AND PROPERTY10Regulations and Laws1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4Rejection of Work3.5, 4.2.6, 12.2.1Releases and Waivers of Liens9.10.2Representations3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1Representatives2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1Responsibility for Those Performing the Work3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10Retainage9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3Review of Contract Documents and Field Conditions by Contractor3.2, 3.12.7, 6.1.3Review of Contractor’s Submittals by Owner and Architect3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2Review of Shop Drawings, Product Data and Samples by Contractor3.12Rights and Remedies1.1.2, 2.3, 2.4, 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, 12.2.2, 12.2.4, 13.4, 14, 15.4Royalties, Patents and Copyrights3.17Rules and Notices for Arbitration15.4.1Safety of Persons and Property10.2, 10.4

Safety Precautions and Programs3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4Samples, Definition of3.12.3Samples, Shop Drawings, Product Data and3.11, 3.12, 4.2.7Samples at the Site, Documents and3.11Schedule of Values9.2, 9.3.1Schedules, Construction3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2Separate Contracts and Contractors1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2Shop Drawings, Definition of3.12.1Shop Drawings, Product Data and Samples3.11, 3.12, 4.2.7Site, Use of3.13, 6.1.1, 6.2.1Site Inspections3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5Site Visits, Architect’s3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5Special Inspections and Testing4.2.6, 12.2.1, 13.5Specifications, Definition of1.1.6Specifications1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14Statute of Limitations13.7, 15.4.1.1Stopping the Work2.3, 9.7, 10.3, 14.1Stored Materials6.2.1, 9.3.2, 10.2.1.2, 10.2.4Subcontractor, Definition of5.1.1SUBCONTRACTORS5Subcontractors, Work by1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7Subcontractual Relations5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1Submittals3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3Submittal Schedule3.10.2, 3.12.5, 4.2.7Subrogation, Waivers of6.1.1, 11.3.7Substantial Completion4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7Substantial Completion, Definition of9.8.1

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Substitution of Subcontractors5.2.3, 5.2.4Substitution of Architect4.1.3Substitutions of Materials3.4.2, 3.5, 7.3.8Sub-subcontractor, Definition of5.1.2Subsurface Conditions3.7.4Successors and Assigns13.2Superintendent3.9, 10.2.6Supervision and Construction Procedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3Surety5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7Surety, Consent of9.10.2, 9.10.3Surveys2.2.3Suspension by the Owner for Convenience14.3Suspension of the Work5.4.2, 14.3Suspension or Termination of the Contract5.4.1.1, 14Taxes3.6, 3.8.2.1, 7.3.7.4Termination by the Contractor14.1, 15.1.6Termination by the Owner for Cause5.4.1.1, 14.2, 15.1.6Termination by the Owner for Convenience14.4Termination of the Architect4.1.3Termination of the Contractor14.2.2TERMINATION OR SUSPENSION OF THE CONTRACT14Tests and Inspections3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5TIME8Time, Delays and Extensions of3.2.4, 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, 15.1.5, 15.2.5Time Limits

2.1.2, 2.2, 2.4, 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, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4Time Limits on Claims3.7.4, 10.2.8, 13.7, 15.1.2Title to Work9.3.2, 9.3.3Transmission of Data in Digital Form1.6UNCOVERING AND CORRECTION OF WORK12Uncovering of Work12.1Unforeseen Conditions, Concealed or Unknown3.7.4, 8.3.1, 10.3Unit Prices7.3.3.2, 7.3.4Use of Documents1.1.1, 1.5, 2.2.5, 3.12.6, 5.3Use of Site3.13, 6.1.1, 6.2.1Values, Schedule of9.2, 9.3.1Waiver of Claims by the Architect13.4.2Waiver of Claims by the Contractor9.10.5, 13.4.2, 15.1.6Waiver of Claims by the Owner9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6Waiver of Consequential Damages14.2.4, 15.1.6Waiver of Liens9.10.2, 9.10.4Waivers of Subrogation6.1.1, 11.3.7Warranty3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7Weather Delays15.1.5.2Work, Definition of1.1.3Written Consent1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2Written Interpretations4.2.11, 4.2.12Written Notice2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1Written Orders1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2

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ARTICLE 1 GENERAL PROVISIONS§ 1.1 BASIC DEFINITIONS§ 1.1.1 THE CONTRACT DOCUMENTSThe 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 requirements.

§ 1.1.2 THE CONTRACTThe 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 WORKThe 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 PROJECTThe 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 DRAWINGSThe Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

§ 1.1.6 THE SPECIFICATIONSThe 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 SERVICEInstruments 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 MAKERThe Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.

§ 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.

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§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.3 CAPITALIZATIONTerms 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 INTERPRETATIONIn the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE§ 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment 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 this 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 material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them 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 material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants.

§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORMIf the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents.

ARTICLE 2 OWNER§ 2.1 GENERAL§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative.

§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein.

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or

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the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.

§ 2.2.2 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.

§ 2.2.3 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.

§ 2.2.4 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.

§ 2.2.5 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.

§ 2.3 OWNER’S RIGHT TO STOP THE WORKIf 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.

§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORKIf 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 written 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 deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor 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. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3 CONTRACTOR§ 3.1 GENERAL§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative.

§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.

§ 3.1.3 The Contractor shall not be relieved of 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.

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§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.

§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require.

§ 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 make 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 as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures.

§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.

§ 3.4 LABOR AND MATERIALS§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other

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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 authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.

§ 3.5 WARRANTYThe Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

§ 3.6 TAXESThe Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.

§ 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded.

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 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 an equitable adjustment 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 in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume

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the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.

§ 3.8 ALLOWANCES§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.

§ 3.8.2 Unless otherwise provided in the Contract Documents,.1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and

all required taxes, less applicable trade discounts;.2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and

other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and

.3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.

§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.

§ 3.9 SUPERINTENDENT§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor.

§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply 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 SCHEDULES§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.

§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be 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, 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.

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§ 3.11 DOCUMENTS AND SAMPLES AT THE SITEThe Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed.

§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action.

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect.

§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing 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 written 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

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required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents.

§ 3.13 USE OF SITEThe Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.

§ 3.14 CUTTING AND PATCHING§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.

§ 3.14.2 The 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 such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s 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 or 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 Owner shall be entitled to reimbursement from the Contractor.

§ 3.16 ACCESS TO WORKThe Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located.

§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTSThe Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such 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 the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect.

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§ 3.18 INDEMNIFICATION§ 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18.

§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

ARTICLE 4 ARCHITECT§ 4.1 GENERAL§ 4.1.1 The 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.

§ 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.

§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect.

§ 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, except as provided in Section 3.3.1.

§ 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 report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) 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.

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§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATIONExcept as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner.

§ 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.

§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such 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, material and equipment 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, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize 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 duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.

§ 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.

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§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.

ARTICLE 5 SUBCONTRACTORS§ 5.1 DEFINITIONS§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a separate contractor or 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 or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply 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.

§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.

§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution.

§ 5.3 SUBCONTRACTUAL RELATIONSBy appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these 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

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be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.

§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that

.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and

.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract.

When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract.

§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension.

§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract.

ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS§ 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.

§ 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 other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.

§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.

§ 6.2 MUTUAL RESPONSIBILITY§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents.

§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that

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the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable.

§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction.

§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5.

§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14.

§ 6.3 OWNER’S RIGHT TO CLEAN UPIf 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 alone.

§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work.

§ 7.2 CHANGE ORDERS§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following:

.1 The change in the Work;

.2 The amount of the adjustment, if any, in the Contract Sum; and

.3 The extent of the adjustment, if any, in the Contract Time.

§ 7.3 CONSTRUCTION CHANGE DIRECTIVES§ 7.3.1 A Construction Change Directive is a written order prepared by the 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

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.4 As provided in Section 7.3.7.

§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.

§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.

§ 7.3.6 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.

§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:

.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance;

.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;

.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and

.5 Additional costs of supervision and field office personnel directly attributable to the change.

§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.

§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive.

§ 7.4 MINOR CHANGES IN THE WORKThe Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor.

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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, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance.

§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.

§ 8.3 DELAYS AND EXTENSIONS OF TIME§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.

§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.

§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents.

ARTICLE 9 PAYMENTS AND COMPLETION§ 9.1 CONTRACT SUMThe Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 9.2 SCHEDULE OF VALUESWhere the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 9.3 APPLICATIONS FOR PAYMENT§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents.

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§ 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 material supplier, unless such Work has been performed by others whom the Contractor intends to pay.

§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site.

§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.

§ 9.4 CERTIFICATES FOR PAYMENT§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1.

§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. 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. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. 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 material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of

.1 defective Work not remedied;

.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor;

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.3 failure of the Contractor to make payments properly to Subcontractors or 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 the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.

§ 9.5.3 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 material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment.

§ 9.6 PROGRESS PAYMENTS§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect.

§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on 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 material and equipment 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 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, except as may otherwise be required by law.

§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4.

§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.

§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

§ 9.7 FAILURE OF PAYMENTIf the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended

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appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents.

§ 9.8 SUBSTANTIAL COMPLETION§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

§ 9.8.3 Upon receipt of the Contractor’s list, the 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, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall 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 such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such 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 as required under Section 11.3.1.5 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 Upon receipt of the Contractor’s written 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 and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect

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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 terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled.

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the 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 and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) 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, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, 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. If such lien 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 such lien, including all costs and reasonable attorneys’ fees.

§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;.2 failure of the Work to comply with the requirements of the Contract Documents; or.3 terms of special warranties required by the Contract Documents.

§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material 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 PROGRAMSThe Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.

§ 10.2 SAFETY OF PERSONS AND PROPERTY§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to

.1 employees on the Work and other persons who may be affected thereby;

.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; 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.

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§ 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 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 owners and users of adjacent sites and utilities.

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss 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 PROPERTYIf 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, written notice of such 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§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. 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 report the condition to the Owner and Architect in writing.

§ 10.3.2 Upon receipt of the Contractor’s written 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 such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up.

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§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity.

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances.

§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence.

§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.

§ 10.4 EMERGENCIESIn 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.

ARTICLE 11 INSURANCE AND BONDS§ 11.1 CONTRACTOR’S LIABILITY INSURANCE§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed;

.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees;

.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees;

.4 Claims for damages insured by usual personal injury liability coverage;

.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

.6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;

.7 Claims for bodily injury or property damage arising out of completed operations; and

.8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18.

§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction

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of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents.

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness.

§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.

§ 11.2 OWNER’S LIABILITY INSURANCEThe Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.

§ 11.3 PROPERTY INSURANCE§ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project.

§ 11.3.1.1 Property insurance shall be on an “all-risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss.

§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto.

§ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles.

§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit.

§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or

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otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.

§ 11.3.2 BOILER AND MACHINERY INSURANCEThe Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds.

§ 11.3.3 LOSS OF USE INSURANCEThe Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused.

§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.

§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise.

§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor.

§ 11.3.7 WAIVERS OF SUBROGATIONThe Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

§ 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.

§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the

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Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7.

§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators.

§ 11.4 PERFORMANCE BOND AND PAYMENT BOND§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.

§ 11.4.2 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.

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK§ 12.1 UNCOVERING OF WORK§ 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.

§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs.

§ 12.2 CORRECTION OF WORK§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETIONThe Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after 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 an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4.

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§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.

§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2.

§ 12.2.3 The Contractor 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, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents.

§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

§ 12.3 ACCEPTANCE OF NONCONFORMING WORKIf 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 LAWThe Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.

§ 13.2 SUCCESSORS AND ASSIGNS§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither 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.

§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment.

§ 13.3 WRITTEN NOTICEWritten notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice.

§ 13.4 RIGHTS AND REMEDIES§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.

§ 13.4.2 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 there under, except as may be specifically agreed in writing.

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§ 13.5 TESTS AND INSPECTIONS§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.

§ 13.5.2 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 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense.

§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Contractor’s expense.

§ 13.5.4 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.

§ 13.5.5 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.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.

§ 13.6 INTERESTPayments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

§ 13.7 TIME LIMITS ON CLAIMSThe Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time 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 13.7.

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 or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, 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;

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.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 promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1.

§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, 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’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.

§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor 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’ written 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 for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;

.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 above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, 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’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:

.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;

.2 Accept assignment of subcontracts pursuant to Section 5.4; and

.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract.

§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine.

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§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent

.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or

.2 that an equitable adjustment is made or denied under another provision of the Contract.

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

§ 14.4.2 Upon receipt of written 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 Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.

ARTICLE 15 CLAIMS AND DISPUTES§ 15.1 CLAIMS§ 15.1.1 DEFINITIONA Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, 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.

§ 15.1.2 NOTICE OF CLAIMSClaims by either the Owner or Contractor must be initiated by written 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 must 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 CONTINUING CONTRACT PERFORMANCEPending 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. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

§ 15.1.4 CLAIMS FOR ADDITIONAL COSTIf the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4.

§ 15.1.5 CLAIMS FOR ADDITIONAL TIME§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein 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.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.

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§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGESThe Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes

.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and

.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.

§ 15.2 INITIAL DECISION§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, 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. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. 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. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense.

§ 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 such 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 be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution.

§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.

§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision.

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§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines.

§ 15.3 MEDIATION§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution.

§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.

§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

§ 15.4 ARBITRATION§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded.

§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim.

§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof.

§ 15.4.4 CONSOLIDATION OR JOINDER§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

§ 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an

Init.

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39

additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.

§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement.


®

Document A201TM

– 2007

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 13:49:54 ET on 03/13/2019.

Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 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 13:49:54 ET on 03/13/2019 under Order No. 7688790089 which expires on 06/13/2019, and is not for resale.User Notes: (3B9ADA60)

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PAGE 1

Windham Senior Community Center1 Jillson Square, Willimantic, CT 06226

...

Town of Windham979 Main Street Willimantic, CT 06226

...

Quisenberry Arcari Malik LLC 195 Scott Road Farmington, Connecticut 06032

AIA Document D401™ – 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 13:49:54 ET on 03/13/2019 under Order No. 7688790089 which expires on 06/13/2019, and is not for resale.User Notes: (3B9ADA60)

1

Certification of Document's AuthenticityAIA® Document D401™ – 2003

I, Peter Zlotnick, 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 13:49:54 ET on 03/13/2019 under Order No. 7688790089 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 - 2007, 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)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)

X. Bid Package

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WINDHAM SENIOR CENTERBID DUE DATE: JULY 18, 2019 AT 2PM

X. FIRE SUPPRESSION - BID PACKAGE 21ACompany Name:Contact Name:Email Address:Office Telephone:Cell Phone:Office Fax:Address:

Trade: Fire Suppression

General Spec Sections: Div 01 General RequirementsTrade Specific Spec Sections: 078413, Division 21

Addenda Acknowledged # ________, _________, __________, _________, _________, _________, _________Bid Memos Acknowledged ________, _________, __________, _________, _________, _________, _________

PRICING SUMMARY

1 I. PRICING SUMMARY COST

2 Base Bid $_________

34 Alternates (If Applicable):

5 #1 - Add Patio and associated site improvements $_________

6 #2 - Add Irrigation System $_________

7 #3 - Add 5th Pool Lane $_________

8 #4 - Deduct Modified Rec Entrance in lieu of Fitness Bump Out ($_______)

9 #5 - Add sunshade system to the storefront window system $_________

10 #6 - Add Marlite panels in Lobby $_________

11 #7 - Add ceramic floor tile with base around the pool deck in lieu of brushed finish $_________

12 #8 - Add TS2-Cork Tackable Accent Full Ht & Width (typical in all offices) $_________

13#9 - Add GR3-Countertop, CWT2 Backsplash & Cabinets Below in lieu of GR-3countertop and 4” backsplash in Multipurpose Room #1 and #2 $_________

14

15 SCOPE OF WORK & SCHEDULE OF VALUES

16 II. SPECIFIC TRADE/SCOPE REQUIREMENTS

17 General

18

This scope serves as a summary and is not meant to limit the extent of work necessary to fulfill the requirements for the work of this trade. This subcontractor is responsible for the full scope defined in the package of Contract Documents. In any case where the documents are in conflict, the more stringent requirements shall prevail.

19 This contractor is responsible for all state and local permits and inspections.

20

21 Fire Suppression System

22

Design and engineering of fire protection systems by a qualified professional engineer in the State of CT. All flow tests, shop drawings and hydraulic calculations are included. Coverage is based on code requirements.

21A-Fire Suppression

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23All piping, valves, strainers, fittings, switches, specialties, supports, escutcheons, floor plates, equipment, etc. necessary for complete full coverage automatic sprinkler systems in compliance with NFPA, state and local codes, and the authority having jurisdiction.

24 All components for Fire Protection for all areas of the building as shown and required.

25 Fire department valves and connections.

26Refer to fire protection riser diagram for coordination with plumbing contractor in relation to fire service entrance.

27Perform water flow test for water supply. Provided water supply data is for reference only.

28Provide all penetration firestopping for this scope of work per spec section 078413. Refer to code drawings for fire rating requirements.

29 Coordinate with Fire Marshall for exact locations of fire department connections.

30

This project is in a seismic zone per State and/or Local Codes and Ordinances and all materials and equipment shall be installed, supported, and seismically restrained accordingly.

31 Furnish, Install and label all access panels required. Installation is by others.

32 Coordinate with all drawings and trades.

21A-Fire Suppression

XI. General Information for all Bid Packages

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WINDHAM SENIOR & COMMUNITY CENTER

BID DUE DATE: JULY 18, 2019 AT 2PM

XI. GENERAL INFORMATION FOR ALL BID PACKAGES

1 Value Engineering

2 - Please provide value engineering suggestions on a separate letterhead34 III. BONDING REQUIREMENTS

5 10% Bid bond or certified check required with submission of all bids6 Please provide an add cost for a payment and performance bond $________78 IV. TENTATIVE OVERALL PROJECT SCHEDULE

9 Tentative Start: September 2019; Tentative Complete: December 2020

1011 V. GENERAL REQUIREMENTS

12

This scope serves as a summary and is not meant to limit the extent of work necessary to fulfill the requirements for the work of this trade. This subcontractor is responsible for the full scope defined in the package of Contract Documents. In any case where the documents are in conflict, the more stringent requirements shall prevail.

13Provide all labor, tools, equipment, transportation and materials necessary to complete the work in its entirety as specified.

14 Confirmation of receipt of all drawings and specifications.15 Prevailing wages do apply. See Front End Package for rates.16 Plans & Specifications prepared by QA&M dated 6/1/19.

17Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections may apply.

18 Delegated-Design as required.19 Coordination of your work with all other trades.

20The acoustical ceiling contractor will cut ceiling pads to accommodate MEP penetrations, however the responsibility of any penetration after the ceiling has been completed will transfer to the fire protection and MEP contractors.

21 Permits, fees, taxes for your work, as they apply.22 Cleanup of your debris to site dumpster daily.

23 Site Supervision & Management - Competent foreman must be on site while work is being performed. For safety reasons, all foreman must speak English as their primary language.

24A competent foreman or Project Manager must attend weekly jobsite meetings. Failure to attend will result in a ($250) charge for the first violation, ($500) for the second, ($750) for each violation thereafter.

25 Correct all work not within allowable tolerance.26 Protection of your work.27 Adequate labor required to meet project schedule. 28 Traffic protection for your own work as necessary.29 Hoisting, rigging, scaffolding, ladders, lifts for your work. 30 Staging and Lifts for own work as necessary.31 Coordinate deliveries, loading and unloading of own work.

32Provide shop drawings signed and sealed by a licensed Engineer if necessary. Shop drawings are to be submitted to meet all scheduled dates of construction activities. Designer to provide contractor with any/all applicable design criteria.

33 Provide all warranties as applicable.34 Meet or exceed all quality assurance requirements as specified.

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35Provide all necessary manufacturer's warranties and operating and maintenance data. Warranty period begins on the Project Date of Substantial Completion, not date of installation.

36 As-built drawings as required.37 Escalation Costs to be included for duration of project.

38Sub-contractor Change Order Mark-up 10% (overhead and profit), for labor, material and rentals. All requests for change orders will be submitted using the Construction Manager's Change Order Request form detailing a complete breakdown of labor, material and applicable mark-ups. All applicable supporting documents must be attached to the request.

39 This Contractor has visited and familiar with jobsite conditions.

40Coordinate closely with the Construction Manager and other Subcontractors as required so that optimum schedule can be maintained.

41 Back charges will apply for testing failures if applicable to this scope of work.42 Testing for own work as specified.43 All fuel surcharges are included.44 Coordinate with owner's testing agency for all testing and inspection as required.

45All materials delivered to the jobsite shall be kept in a neat, orderly manner. No long term storage of material on site will be permitted. Materials that are not of acceptable quality shall be replaced immediately.

46

Provide submittals immediately upon award. Submit manufacturer's specifications and installation instructions for painting products, including certifications and other data as may be required to show compliance with Contract Documents. No materials may be incorporated into the work prior to being approved.

47 Provide coordination drawings as required by specifications and or CM.48 Provide samples and product certificates as specified.49 Installer qualifications as specified.50 Manufacturer's representation as specified.51 Adjusting and cleaning as specified.52 Provide Closeout submittals as required.53 Operation and maintenance data/manuals54 Attend pre-installation conferences as necessary

55This contractor is responsible for furnishing adequate supervision and manpower to insure high quality work within tolerances specified.

56

This subcontractor must respond within 24 hours to correct any unacceptable work so as not to delay any other trades. If work has not proceeded within 24 hours, The Construction Manager reserves the right to repair the work as necessary and back charge contractor accordingly.

57 Seven day maximum for punch list corrective work.5859 Safety

60 Provide Safety Program immediately upon award of contract.61 Comply with Construction Manager's and Owner's Safety program and/or requirements. 62 All job sites are subject to Construction Manager's safety inspections.

63Each Subcontractor's employee is required to complete Construction Manager's Safety Orientation.

64Safety Violations - Construction Manager reserves the right to assess fines ranging from $250 to $5,000 for any Safety violation. Fines can vary from site to site, depending on the site conditions. Fine schedule is posted in Construction Manager's trailer.

65* For violations, that are not immediately dangerous to life or health, the 1st offense will result in a Verbal and Written Warning; 2nd offense results in a $250 charge; the 3rd offense is a ($500) charge; Removal from site thereafter.

66* For violations that are immediately dangerous to life and health, fines start at $500, and can be assessed immediately. Violator may be requested to leave site immediately.

6768 General Information

General Info

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69All provisions of Division 0 and Division 1 - General Requirements apply to the work of this subcontract

70 Maintain schedule requirements. Provide detailed schedule for the work. Schedule shall fit within constraints indicated in the overall schedule for the project. Update as necessary.

71 Comply with all building code regulations.72 Field measure as required.

73 Submit insurance certificates prior to the start of any on site activity. Architect, Owner, Lenders (2) and Construction Manager shall be named as additional insureds

74 Insurance requirements shall be provided as follows:

75

General Liability - $1,000,000 / $2,000,000Automobile Liability - $1,000,000Workers Compensation - $1,000,000 Umbrella Excess - $5,000,000

76 Provide Emergency Contact name and telephone number.77 Submit schedule of values immediately.78 Smoking in designated areas only and foul language is prohibited on the jobsite. 79 Onsite Parking will be available80 MBE participation is encouraged. Participation status is to be reported.81 Electronic drawings will be provided.

82No manner of labor unrest will be just cause for a time extension. Should there be time lost due to labor unrest, this subcontractor shall perform remedies necessary to maintain the schedule

General Info