McDowell Specifications.pdf

Specifications For

McDowell Elementary School Exterior Door Replacement 22929 Brest, Taylor, MI 48180

Owner

Taylor School District 23033 Northline Taylor, MI 48180-4694

Prepared By

INTEGRATED DESIGNS, INC.

Architects • Engineers • Consultants 8571 Grand River Avenue, Suite 600 Brighton, Michigan 48116 810-229-2701 Fax: 810-229-6767

Date: March 20, 2019

Project Number 19-839

TABLE OF CONTENTS – MCDOWELL ELEMENTARY SCHOOL

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SECTION 00005

TABLE OF CONTENTS

McDowell Elementary School Exterior Door Replacement

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

00005 Table of Contents

DIVISION 1

00020 Invitation to Bid 00110 Instructions to Bidders 00310 Bid Proposal Form 00500 Bond Form 00600 Form of Agreement A105-2017 Short Form of Agreement between Owner and Contractor, Draft 00701 General Conditions A201-2017 General Conditions, Draft 01027 Applications for Payment 01030 Alternates 01153 Change Order Procedure 01350 Submittals 01500 Temporary Facilities and Controls

DIVISION 2

02225 Minor Demolition for Remodel

DIVISION 7

07423 Composite Wall Panels 07900 Joint Sealers

DIVISION 8

08110 Steel Door Frames 08116 Aluminum Doors and Frames 08210 Wood Doors 08710 Door Hardware 08800 Glazing 08816 Fire Rated Glass

END OF SECTION

TABLE OF CONTENTS – MCDOWELL ELEMENTARY SCHOOL

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INVITATION TO BID

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SECTION 00020

Notice is given hereby that

Taylor School District will accept bids from qualified contractors for renovations to:

McDowell Elementary School, Exterior Door Replacement

22929 Brest, Taylor Taylor, MI 48180 according to Drawings and Specifications prepared by:

Integrated Designs Inc.

8571 W. Grand River Avenue, Suite 600 Brighton, MI 48116

Including, but not limited to: Selective demolition and removal of existing exterior doors. Installation of new exterior aluminum doors, door hardware and frames. Inclusive of all labor and material.

A pre-bid conference will be held starting at 2:30 pm, Thursday, March 28th, 2019 at, McDowell Elementary School, 22929 Brest, Taylor, MI 48180. School Lobby.

Sealed bids will be received at the office of the Taylor School District, 23033 Northline Road, Taylor, MI 48180, until 1:00 pm, Tuesday, April 16th. At that time, bids will be publicly opened. Bids received after the date and time specified will be returned to the bidder, unopened.

The District is looking for the Contractor to fully complete the installation no later than August 12, 2019.

An alternate to be included for completion time of October 1st, 2019, which will require all work including demolition and installation to be after school hours and weekends.

Bids will be taken on a lump sum basis as defined on the Bid Form. Bids shall be accompanied by bid security equal to 5% of the bid amount.

100% Surety Bonds for performance and payment of labor and materials are required. Bonds must be submitted on forms acceptable to the Taylor School District.

Bid Documents will be available after noon, on Wednesday March 21st at www.intdesigns.com/planroom, where you can view and download both drawings and specifications for this project at no cost.

The Owner reserves the right to reject any or all bids and to waive irregularity in the bidding or the bidding process and accept the bid that is most advantageous to the Owner.

Dated: 3-21-19 By: Taylor School District http://www.intdesigns.com/planroom

00020 - 2

INSTRUCTIONS TO BIDDERS

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SECTION 00110

McDowell Elementary School, Exterior Door Replacement

PART 1 - GENERAL

1.1 PROCUREMENT OF DOCUMENTS

A. The Drawings and Specifications are on file with;

• www.intdesigns.com/planroom refer to paragraph below

• Taylor District School, 23033 Northline Road, Taylor, MI 48180

Bid Documents will be available after noon, on March 21, 2019 at www.intdesigns.com/planroom, where you can view and download both drawings and specifications for this project at no cost. No correspondence shall be issued unless in addendum form 3 business days prior to the bid date.

PART 2 - EXECUTION

2.1 EXAMINATION OF DOCUMENTS AND SITE

A. Bidders shall carefully examine the Contract Documents and the construction site to obtain first-hand knowledge of existing conditions. Contractor will not be given extra payments for conditions that can be determined by visually examining the site and Contract Documents.

B. Potential contractors are encourage to visit the site for field verification of existing conditions. Contact Matt Wilson, 810-591-2588, mwilson@bendleschools.org

2.2 QUESTIONS, INTERPRETATIONS, AND ADDENDA

A. Should any bidder find discrepancies between the Drawings and Specifications, or should he be in doubt as to their exact meaning, he should notify the Architect/Engineer. The Architect/Engineer then, at his option, may then issue Addenda clarifying same. The Owner will not be responsible for oral instructions or for the Contractor's misinterpretations of Drawings and Specifications.

B. The Architect/Engineer reserves the right to issue Addenda at any time prior to the bid opening. All such addenda shall become, upon issuance, an inseparable part of the Contract Documents. Each bidder shall incorporate within his bid proposal all costs for items listed in the Addenda; and shall acknowledge receipt and the identifying number of each Addendum on the Bid Proposal Form and on the outside of the sealed bid envelope.

2.3 BID SECURITY

A. Bid Security Bond will be required on this projects over $50,000 in value.

B. A Bid Bond is required in the amount of 5% of total Bid, minimum.

C. The amount of the bond shall be added to the base bid. Requirements are described in the

General and Supplementary Conditions. Contractor shall carry a builder’s risk policy equal to the value of the contract for the duration of the project. The cost of this policy shall be included in the bid amount.

2.4 PERFORMANCE BOND AND PAYMENT BOND

A. The Owner shall 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.

00110 - 2

B. 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.

2.5 MODIFICATION AND WITHDRAWAL

A. Proposals may be withdrawn and/or changed any time prior to the bid opening. Proposals may not be withdrawn or changed after the bid opening time; and shall be deemed a firm offer continuing for thirty (30) calendar days. Bids received after the time and date of the bid opening will be returned unopened to the bidder.

2.6 CODES, ORDINANCES, REGULATIONS, ETC.

A. All labor and materials shall be furnished and installed in strict accordance with the latest applicable codes, ordinances, and regulations of any governing body that has jurisdiction over this project.

B. If the quality of the labor and materials required by the Drawings and Specifications exceeds the requirements of the applicable codes, ordinances, and regulations, the Drawings and Specifications shall take precedence.

C. If the quality of the labor and materials required by the applicable codes, ordinances, and regulations exceed the requirements of the Drawings and Specifications, the applicable codes, ordinances, regulations, etc., shall take precedence.

2.7 SUB-CONTRACTOR AND MATERIAL SUPPLIERS

A. The successful Bidder shall submit to the Owner, a complete list of all sub-contractors, suppliers, and all substitutions he proposes to engage in the work.

B. The successful bidder will be required to submit the list of sub-contractors for owner approval prior to execution of a contract.

2.8 AWARD OF CONTRACT

A. The material proposed to be used for the completion of work, and the competency, solvency, and responsibility of the bidders will receive due consideration before the awarding of this contract. In the reception of proposals for the work, the Owner incurs no obligation to accept the lowest or any proposal submitted. The right to accept or reject any and all bids is reserved by the Owner. The Owner reserves the right to require testimonial or legal documents pertaining to the solvency of a Contractor.

2.9 CONTRACTS WITH SUBCONTRACTORS

A. All contracts made by the successful Bidder with Subcontractors shall be covered by the terms and conditions of the Contract. The successful Bidder shall see to it that his Sub-contractors are fully informed in regard to these terms and conditions.

2.10 CHANGES IN THE WORK

A. The Bidder shall state in the space provided in the Proposal Form the changes, expressed as a percentage of the cost, for changes in the work, when done by his own organization and when done by Subcontractors under his Contract. Fees shall include all charges for supervision, on site superintendents, overhead and profit. Charges for taxes, social security payments and insurance shall be computed separately and shall not be subject to percentage fee.

BID FORM

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BID PROPOSAL FORM

NAME OF

BIDDER_________________________________________________________________________

To: Taylor School District

PROPOSAL FOR: McDowell Elementary Exterior Window Replacement

The undersigned having examined the Bidding Documents, including the Advertisement for Bids, Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, General Conditions, Supplementary Conditions, Supplementary Special Conditions Technical Specifications, Plans, Drawings and other exhibits, on file at the Office of the Engineer for all classifications of the Work for this Project, and being familiar with all conditions affecting this proposed Project, including the site and the availability of labor and material, hereby proposes to furnish all labor, material, tools, equipment, utilities, transportation or other facilities and services necessary to perform and complete the construction of the proposed Project in accordance with the Bidding Documents, as modified, augmented or supplemented by Addenda, for the sums and under the conditions as follows:

ADDENDA - The undersigned acknowledges:

Addendum Number______ Dated___________ Addendum Number_____ Dated___________

Addendum Number______ Dated___________ Addendum Number_____ Dated___________

BASE BID The undersigned agrees to the performance of the Work as stated for the Base Bid Sum

Of Dollars ($______________________).

DEDUCT ALTERNATE ONE The undersigned agrees to the performance of the Work (Base Bid work only) as stated for the Deduct Alternate Sum for a completion date of October 1, 2019.

Of Dollars ($______________________).

ADD ALTERNATE TWO The undersigned agrees to the performance of the Work as stated for the Add Alternate Two Sum for the further development of a secure entry. To be completed by August 16, 2019.

Of Dollars ($______________________).

FEES FOR AUTHORIZED CHANGES - For changes in the work authorized by a Modification involving additions to or deductions from the Contract Sum, the undersigned agrees to perform or omit (or to cause to be performed or omitted by his subcontractors) such work at net cost to him, plus the following percentages to be added to the net cost or credited to the Owner, which percentages shall include all charges for supervision, overhead and profit. The undersigned further agrees that he shall bind his subcontractors not to charge a higher fee for authorized changes than he agrees to, as follows.

ADDITIONS

Contractor work not under subcontract

Contractor work under subcontract

00310 - 2

TIME OF COMPLETION - The undersigned agrees to commence work on a date specified in a written "Notice of Award of Contract" by the Owner and to fully complete the installation no later than August 12, 2019. Refer to Deduct Alternate One.

WITHDRAWAL OF BID - The undersigned agrees that this bid may not be withdrawn for a period of sixty

(60) days after the opening date for receipt thereof. The undersigned further agrees that in the event a biddable addendum is issued to reduce the construction cost to be within budget, this bid may not be withdrawn for seventy-five (75) days after the date of opening bids for this Addendum.

REJECTION OF BID - The undersigned understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bid or the bid process.

LEGAL STATUS OF BIDDER - The undersigned does hereby declare that the Bidder has the following legal status:

1. A Corporation organized and existing under the laws of the State of

______________________ for whom, ______________________________________________, whose signature is affixed hereto is duly authorized to execute contracts.

2. A Partnership, all the partners of which, with addresses are:

3. An individual, whose signature is affixed hereto.

FIRM NAME AND ADDRESS OF BIDDERS - This bid is submitted in the name of:

FIRM NAME

BUSINESS ADDRESS

TELEPHONE NUMBER

SIGNED BY TITLE

(Signature)

SIGNED AND SEALED THIS __________________DAY OF _______________, 2013.

00310 - 3

FAMILIAL DISCLOSURE AFFIDAVIT

All Bids shall be accompanied by a sworn statement disclosing any familial relationship that exists between the owner(s) or any employee of the bidder and any member of the Board of Education of the District, the Superintendent of the District and/or any Taylor District Schools Administrator.

The undersigned, owner or authorized officer of (the bidder/contractor), pursuant to the familial disclosure requirement provided in the Taylor District School Request for Proposals, hereby represent and warrant, except as provided below, that no familial relationships exist between the bidder/contractor or any employee of the bidder/contractor, and any member of the Taylor District School’s Board of Education, the Superintendent and/or any Taylor District Schools Administrator.

The following are the bidder’s familial relationship(s) with the Taylor

District School: Bidder/Contractor Employee Name Related to:

Relationship

1.

2.

(Attach additional pages if necessary to disclose all familial relationships.)

There is no familial relationship that exists between the bidder/contractor and/or any employee of the bidder and any member of the Taylor District School’s Board of Education, Superintendent, and/or the Director of Technology.

Bidder:

(Company Name)

By:

(Signature) (Title)

This instrument was acknowledged before me, a Notary Public, in and for

County, on this day of _, 20 .

(Notary Public Signature)

SS:

My Commission expires:

Acting in the County of:

00310 - 4

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below named contractor (the “Contractor”), pursuant to the compliance certification requirement provided in the Taylor District Schools’ (the “School District”) Request For Proposals For Wireless Project 2013 (the “RFP”), hereby certifies, represents and warrants that the Contractor (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned RFP, the Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the contract.

The Contractor further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date the it is determined that the person has submitted the false certification.

Bidder:

(Company Name)

By:

(Signature) (Title)

This instrument was acknowledged before me, a Notary Public, in and for

County, on this day of _, 20 .

(Notary Public Signature)

SS:

My Commission expires:

Acting in the County of:

BOND FORM

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SECTION 00500

1.1 BOND FORM

A. AIA Document A-312 Performance and Payment Bond Forms shall be used a basis of submission.

B. Payment & Performance Bond. (Subcontractor shall furnish performance and payment bonds each in the full value of the Fixed Subcontract Price with sureties rated no less than an Excellent (A, A-) rating by A.M. Best Company or otherwise acceptable to Contractor, dated as of the date of this Subcontract. If the bonds are required by Contractor, then Subcontractor shall not be entitled to any payment under this Subcontract until such bonds have been provided and the cost of such bonds shall be included in the Fixed Subcontract Price as noted above. No additional cost for bonds will be considered by the Contractor.)

00500 - 2

FORM OF AGREEMENT

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SECTION 00600

PART 1 GENERAL

1.1 FORM OF AGREEMENT

A. AIA Document A-105 Standard Short Form of Agreement between Owner and Contractor where the basis of payment is a Stipulated Sum, 2017 edition, is included by reference herein.

B. AIA Document A-201 General Conditions of the Contract for Construction, 2017 edition, is included by reference herein.

C. Copies of these documents may be obtained from the office of the Architect.

00600 - 2

AIA

Document A105TM – 2017 Standard Short Form of Agreement Between Owner and Contractor

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:29:04 on 03/28/2018 under Order No.5397796932 which expires on 10/16/2018, and is not for resale.

User Notes: (1500149047)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information) and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

The Architect:

(Name, legal status, address and other information)

The Owner and Contractor agree as follows.

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:29:04 on 03/28/2018 under Order No.5397796932 which expires on 10/16/2018, and is not

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3 CONTRACT SUM

4 PAYMENTS

5 INSURANCE

6 GENERAL PROVISIONS

7 OWNER

8 CONTRACTOR

9 ARCHITECT

10 CHANGES IN THE WORK

11 TIME

12 PAYMENTS AND COMPLETION

13 PROTECTION OF PERSONS AND PROPERTY

14 CORRECTION OF WORK

15 MISCELLANEOUS PROVISIONS

16 TERMINATION OF THE CONTRACT

17 OTHER TERMS AND CONDITIONS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of

.1 this Agreement signed by the Owner and Contractor;

.2 the drawings and specifications prepared by the Architect, dated « », and enumerated as follows:

Drawings:

Number Title Date

Specifications:

Section Title Pages

.3 addenda prepared by the Architect as follows:

Number Date Pages

.4 written orders for changes in the Work, pursuant to Article 10, issued after execution of this

Agreement; and

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:29:04 on 03/28/2018 under Order No.5397796932 which expires on 10/16/2018, and is not

.5 other documents, if any, identified as follows:

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 2.1 The Contract Time is the number of calendar days available to the Contractor to substantially complete the Work.

§ 2.2 Date of Commencement:

Unless otherwise set forth below, the date of commencement shall be the date of this Agreement.

(Insert the date of commencement if other than the date of this Agreement.)

§ 2.3 Substantial Completion:

Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion, as defined in Section 12.5, of the entire Work:

(Check the appropriate box and complete the necessary information.)

[ « » ] Not later than « » ( « » ) calendar days from the date of commencement.

[ « » ] By the following date: « »

ARTICLE 3 CONTRACT SUM

§ 3.1 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. Subject to additions and deductions in accordance with Article 10, the Contract Sum is:

§ 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work:

(Itemize the Contract Sum among the major portions of the Work.)

Portion of the Work Value

§ 3.3 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner:

(Identify the accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 3.4 Allowances, if any, included in the Contract Sum are as follows:

(Identify each allowance.)

Item Price

§ 3.5 Unit prices, if any, are as follows:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

ARTICLE 4 PAYMENTS

§ 4.1 Based on Contractor’s Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows:

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(Insert below timing for payments and provisions for withholding retainage, if any.)

§ 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project.

(Insert rate of interest agreed upon, if any.)

ARTICLE 5 INSURANCE

§ 5.1 The Contractor shall maintain the following types and limits of insurance until the expiration of the period for correction of Work as set forth in Section 14.2, subject to the terms and conditions set forth in this Section 5.1:

§ 5.1.1 Commercial General Liability insurance for the Project, written on an occurrence form, with policy limits of not less than « » ($ « » ) each occurrence, « » ($ « » ) general aggregate, and « » ($ « » ) aggregate for products-completed operations hazard.

§ 5.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than « » ($ « » ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage.

§ 5.1.3 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 5.1.1 and 5.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 5.1.4 Workers’ Compensation at statutory limits.

§ 5.1.5 Employers’ Liability with policy limits not less than « » ($ « » ) each accident, « » ($ « » ) each employee, and « » ($ « » ) policy limit.

§ 5.1.6 The Contractor shall provide builder’s risk insurance to cover the total value of the entire Project on a replacement cost basis.

§ 5.1.7 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverage Limits

§ 5.2 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and shall provide property insurance to cover the value of the Owner’s property. The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner’s property insurance.

§ 5.3 The Contractor shall obtain an endorsement to its Commercial General Liability insurance policy to provide coverage for the Contractor’s obligations under Section 8.12.

§ 5.4 Prior to commencement of the Work, each party shall provide certificates of insurance showing their respective coverages.

§ 5.5 Unless specifically precluded by the Owner’s property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, suppliers, agents, and employees, each of the other; and

(2) the Architect, Architect’s consultants, and any of their agents and employees, for damages caused by fire or other

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ARTICLE 6 GENERAL PROVISIONS

§ 6.1 The Contract The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10.

§ 6.2 The Work The term “Work” means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment, and services provided, or to be provided, by the Contractor to fulfill the Contractor’s obligations.

§ 6.3 Intent 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.

§ 6.4 Ownership and Use of Architect’s Drawings, Specifications and Other Documents Documents prepared by the Architect are instruments of the Architect’s service for use solely with respect to this Project. The Architect shall retain all common law, statutory, and other reserved rights, including the copyright. The Contractor, subcontractors, sub-subcontractors, and suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect.

§ 6.5 Electronic Notice Written notice under this Agreement may be given by one party to the other by email as set forth below.

(Insert requirements for delivering written notice by email such as name, title, and email address of the recipient, and whether and how the system will be required to generate a read receipt for the transmission.)

ARTICLE 7 OWNER

§ 7.1 Information and Services Required of the Owner § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site.

§ 7.1.2 Except for permits and fees under Section 8.7.1 that are the responsibility of the Contractor, the Owner shall obtain and pay for other necessary approvals, easements, assessments, and charges.

§ 7.1.3 Prior to commencement of the Work, at the written request of the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.

§ 7.2 Owner’s Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made.

§ 7.3 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven 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, correct such deficiencies. In such case, the Architect may withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the cost of correction, provided the actions of the Owner and amounts charged to the Contractor were approved by the Architect.

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:29:04 on 03/28/2018 under Order No.5397796932 which expires on 10/16/2018, and is not

§ 7.4 Owner’s Right to Perform Construction and to Award Separate Contracts § 7.4.1 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.

§ 7.4.2 The Contractor shall coordinate and cooperate with the Owner’s own forces and separate contractors employed by the Owner.

ARTICLE 8 CONTRACTOR

§ 8.1 Review of Contract Documents and Field Conditions by Contractor § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents.

§ 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies, or omissions discovered to the Architect.

§ 8.2 Contractor’s Construction Schedule 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.

§ 8.3 Supervision and Construction Procedures § 8.3.1 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.

§ 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner, through the Architect, the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection.

§ 8.4 Labor and Materials § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work.

§ 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

§ 8.5 Warranty The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. Any material or equipment warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 12.5.

§ 8.6 Taxes The Contractor shall pay sales, consumer, use, and similar taxes that are legally required when the Contract is executed.

§ 8.7 Permits, Fees and Notices § 8.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work.

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§ 8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. 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 full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules, and regulations.

§ 8.8 Submittals The Contractor shall promptly review, approve in writing, and submit to the Architect shop drawings, product data, samples, and similar submittals required by the Contract Documents. Shop drawings, product data, samples, and similar submittals are not Contract Documents.

§ 8.9 Use of Site The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents, and the Owner.

§ 8.10 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly.

§ 8.11 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery, and surplus material; and shall properly dispose of waste materials.

§ 8.12 Indemnification 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.

ARTICLE 9 ARCHITECT

§ 9.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

§ 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work.

§ 9.3 The Architect will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility. The Architect will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.

§ 9.4 Based on the Architect’s observations and evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor.

§ 9.5 The Architect has authority to reject Work that does not conform to the Contract Documents.

§ 9.6 The Architect will promptly review and approve or take appropriate action upon Contractor’s submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.

§ 9.7 On written request from either the Owner or Contractor, the Architect will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents.

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§ 9.8 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.

§ 9.9 The Architect’s duties, responsibilities, and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld.

ARTICLE 10 CHANGES IN THE WORK

§ 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract, consisting of additions, deletions or other revisions, and the Contract Sum and Contract Time shall be adjusted accordingly, in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit.

§ 10.2 The Architect may authorize or order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.

Such authorization or order shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall proceed with such minor changes promptly.

§ 10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment.

ARTICLE 11 TIME

§ 11.1 Time limits stated in the Contract Documents are of the essence of the Contract.

§ 11.2 If the Contractor is delayed at any time in progress of the Work 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, the Contract Time shall be subject to equitable adjustment.

§ 11.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the responsible party.

ARTICLE 12 PAYMENTS AND COMPLETION

§ 12.1 Contract Sum The Contract Sum stated in this Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 12.2 Applications for Payment § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in this Agreement. The Application shall be supported by data substantiating the Contractor’s right to payment as the Owner or Architect may reasonably require, such as evidence of payments made to, and waivers of liens from, subcontractors and suppliers. 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 stored, and protected from damage, off the site at a location agreed upon in writing.

§ 12.2.2 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 other encumbrances adverse to the Owner’s interests.

§ 12.3 Certificates for Payment The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the

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Contractor; (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in part;

or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole. If certification or notification is not made within such seven day period, 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 and the Contract Sum shall be equitably adjusted due to the delay.

§ 12.4 Progress Payments § 12.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents.

§ 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders.

§ 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier.

§ 12.4.4 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 requirements of the Contract Documents.

§ 12.5 Substantial Completion § 12.5.1 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 the Owner can occupy or utilize the Work for its intended use.

§ 12.5.2 When the Contractor believes that the Work or designated portion thereof is substantially complete, it will notify the Architect and the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete, the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, establish the responsibilities of the Owner and Contractor, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.

§ 12.6 Final Completion and Final Payment § 12.6.1 Upon receipt of a final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment.

§ 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests, or encumbrances arising out of the Contract.

§ 12.6.3 Acceptance of final payment by the Contractor, a subcontractor or 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 13 PROTECTION OF PERSONS AND PROPERTY

The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury, or loss to employees on the Work and other persons who may be affected thereby, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable.

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ARTICLE 14…