DIVISION 17 NOTICE - Taos Design Build

DIVISION 17 NOTICE

For this project, selected MasterFormat 2004specifications may be displayed in Division 17000.

Applicable Divisions are outlined in the Table of Contents

Division 17000-Other: May Contain one or more of the followingMasterFormat 2004 Divisions:

Division 21 Fire SuppressionDivision 22 PlumbingDivision 23 Heating, Ventilating, and Air ConditioningDivision 25 Integrated AutomationDivision 26 ElectricalDivision 27 CommunicationsDivision 28 Electronic Safety and SecurityDivision 31 EarthworkDivision 32 Exterior ImprovementsDivision 33 UtilitiesDivision 34 TransportationDivision 35 Waterway and Marine ConstructionDivision 40 Process IntegrationDivision 41 Material Processing and Handling EquipmentDivision 42 Process Heating, Cooling, and Drying EquipmentDivision 43 Process Gas & Liquid Handling, Purification, & Storage EquipmentDivision 44 Pollution Control EquipmentDivision 45 Industry-Specific Manufacturing EquipmentDivision 48 Electrical Power Generation

PLEASE CONTACTDODGE TECHSUPPORT@MCGRAW-HILL. COM IF YOU HAVE ANY QUESTIONS ABOUT CONTENTOR TECHNICAL MATTERS.

THANK YOU FOR USING MCGRA W-HILL CONSTRUCTION

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Anansi Charter School100% Contract DocumentsProject Manual Volumes 1, 11, & IllRFB NO: Bond 2008-014DATE: April 12th, 2010

Table of ContentsDIVISION NO. PAGES

Volume I (Divisions 00, 0 1 & 02):

DIVISION 00 - GENERAL CONDITIONSITB: 2008-14 LEGAL NOTICE - INVITATION TO BID I00 1116 INVITATION TO BID 300 2113 INSTRUCTIONS TO BIDDERS - PART A 1200 2114 INSTRUCTIONS TO BIDDERS - PART B I00 4113 BID FORM 500 4317 AGENT'S AFFIDAVIT - BID BOND (required form) I00 4336 SUBCONTRACTOR LIST AND ASSIGNMENT OF 3

AN-I--TRUST CLAIMS00 4513 PREQUALIFICATION 200 5000 STANDARD FORM OF AGREEMENT BETWEEN 5

OWNER AND CONTRACTOR - AIA Al 01 /CMA00 6360 MODIFICATION/CHANGE REQUEST (MCR) (form) I00 6361 MODIFICATION/CHANGE REQUEST (MCR)

WORKSHEET (form) I00 6516 CERTIFICATE OF SUBSTANTIAL COMPLETION

(sample) I00 6519 CERTIFICATE OF FINAL COMPLETION (sample) I00 7000 GENERAL CONDITIONS OF THE CONTRACT FOR 40

CONSTRUCTION - AIA A201 /CMA00 7300 SUPPLEMENTAL CONDITIONS 2TA-10-0368 B WAGE RATE DECISION ITA- 10-0368 B(NOA) NOTIFICATION OF AWARD 2TYPE B 2010a PACKET WAGE DECISION PACKET 20

DIVISION 01 - GENERAL REQUIREMENTS01 1100 SUMMARY OF WORK 501 1400 ACCESS CONTROL 301 2200 UNIT PRICES 201 2900 PAYMENT PROCEDURES 401 3100 PROJECT MANAGEMENT & COORDINATION 801 3300 SUBMITTAL PROCEDURES 5

01 3310 SUBMITTAL TRANSMITTAL FORM I01 3500 PROHIBITED ACTIVITIES 401 4000 QUALITY REQUIREMENTS 301 5000 TEMPORARY FACILITIES AND CONTROLS 601 6000 PRODUCT REQUIREMENTS 201 6200 PRODUCT OPTIONS 201 6210 PRIOR APPROVAL SUBSTITUTION REQUEST FORM 201 6220 CONTRACTOR SUBSTITUTION REQUEST FORM 301 7000 EXECUTION PROCEDURES 401 7310 CUTTING AND PATCHING 2017500 STARTINGANDADJUSTING 201 7700 CLOSEOUT PROCEDURES 301 7800 CLOSEOUT SUBMITTALS 501 7900 DEMONSTRATION AND TRAINING 2

DIVISION 02- EXISTING CONDITIONS02 3200 GEO-TECHNICAL INVESTIGATIONS 3302 4100 SELECTIVE DEMOLITION 5

Volume 11 (Divisions 03 - 12)DIVISION NO. PAGES

DIVISION 3 CONCRETE03 3000 CAST-IN-PLACE-CONCRETE 8

DIVISION 4 - MASONRY04 2200 CONCRETE UNIT MASONRY 7

DIVISION 5 - METALS05 0500 SHOP APPLIED FINISHES 505 5000 METAL FABRICATIONS e05 5213 PIPE AND TUBE RAILINGS 905 8110 ARCHITECTURAL JOINT SYSTEMS 5

DIVISION 6 -WOOD, PLASTICS, AND COMPOSITES06 1000 ROUGH CARPENTRY 706 1500 WOOD DECKING 206 1600 SHEATHING 206 4023 INTERIOR ARCHITECTURAL WOODWORK 7

DIVISION 7 - THERMAL & MOISTURE07 2100 BUILDING INSULATION 507 2614 UNDER-SLAB VAPOR RETARDER 407 5420 80 MIL TPO FULLY ADHERED SYSTEM 1407 5700 COATED FOAMED ROOTING 507 6200 SHEET METAL FLASHING AND TRIM 5

07 7200 ROOF ACCESSORIES 207 9213 ELASTOMERIC JOINT SEALANTS 7

DIVISION 8 - OPENINGS08 1113 HOLLOW METAL DOORS AND FRAMES 508 1210 INTERIOR ALUMINUM FRAMES 308 1416 FLUSH WOOD DOORS 308 2210 COMMERCIAL CLAD WOOD ENTRY DOORS 408 5550 ALUMINUM CLAD WOOD WINDOWS 408 6200 UNIT SKYLIGHTS 308 7100 DOOR HARDWARE 1208 8000 GLAZING 8

DIVISION 9 - FINISHES09 2116 GYPSUM BOARD ASSEMBLIES 709 2423 PORTLAND CEMENT PLASTER/STUCCO 609 3113 CERAMIC TILING 909 6500 RESILIENT FLOORING, BASE & ACCESSORIES 609 613 TILE CARPETING 609 9100 PAINTING 8

DIVISION 10- SPECIALTIES10 1101 VISUAL DISPLAY BOARDS 310 1400 BUILDING SIGNAGE 410 2813 TOILET ACCESSORIES 310 4400 FIRE PROTECTION SPECIALTIES 5

DIVISION I I - EQUIPMENT11 5213 PROJECTION SCREENS 7

DIVISION 12 -FURNISHINGS

12 4813 ENTRANCE FLOOR MATS & FRAMES 4

Volume 111 (Divisions 22 - 3 1)DIVISION NO. PAGES

DIVISION 22- PLUMBING22 0000 GENERAL PLUMBING AND MECHANICAL REQUIREMENTS 922 0503 PIPES AND TUBES 222 0719 MECHANICAL SYSTEMS INSULATION 422 1116 DOMESTIC WATER PIPING 322 1119 DOMESTIC WATER PIPING SPECIALTIES 422 1316 SANITARY WASTE AND VENT PIPING 322 1400 FACILITY STORM DRAINAGE 5224213 PLUMBING FIXTURES 6

DIVISION 23 - HEATING VENTILATING AND AIR CONDITIONING23 0529 HANGERS AND SUPPORTS FOR HVAC PIPING AND B

EQUIPMENT23 0593 TESTING, ADJUSTING, AND BALANCING FOR HVAC 823 0900 INSTRUMENTATION AND CONTROLS FOR HVAC 323 1113 NATURAL GAS PIPING 723 3113 METAL DUCTS 523 3300 AIR DUCT ACCESSORIES 423 3713 AIR OUTLETS AND INLETS 323 5100 BREECHING, CHIMNEYS, & STACKS 623 5200 HEATING BOILERS 423 7413 PACKAGED OUTDOOR UNITS 623 7433 ENERGY RECOVERY VENTILATORS 4

DIVISION 26 - ELECTRICAL26 0110 ELECTRICAL GENERAL PROVISIONS 1026 05 19 WIRE AND CABLE (600 VOLTS AND BELOW) 526 0526 GROUNDING 426 0533 RACEWAYS AND BOXES 726 0553 ELECTRICAL IDENTIFICATION 326 2416 PANELBOARDS 526 2726 WIRING DEVICES 326 2813 FUSES 600VAND LESS 226 2816 DISCONNECT SWITCHES 226 5000 LUMINAIRES AND ACCESSORIES 5

DIVISION 27 - COMMUNICATIONS / IT27 0010 GENERAL COMMUNICATIONS REQUIREMENTS 1527 0500 COMMON WORK RESULTS FOR COMMUNICATIONS 8270526 TELECOMMUNICATIONS GROUNDING 627 0553 IDENTIFICATION FOR COMMUNICATIONS SYSTEMS 527 1116 COMMUNICATIONS CABINETS, RACKS, FRAMES, AND 2

ENCLOSURES27 1119 TERMINATION BLOCKS AND PATCH PANELS 327 1323 OPTICAL FIBER BACKBONE CABLING 927 1513 COPPER HORIZONTAL CABLING 427 1543 FACEPLATES AND CONNECTIONS 3

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY28 3100 FIRE ALARM SYSTEMS 4

DIVISION 31 - EARTHWORK31 1000 SITE CLEARING 4

END OF TABLE OF CONTENTS

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DIVISION 00 - GENERAL CONDITIONS

LEGAL NOTICEINVITATION TO BIl)RFB NO: Bond 2008-14

The Taos Municipal School District is requesting bids from pre-qualified GeneralContractors for renovation and addition work at Anansi Charter School.

Project bid/contract documents may be obtained from the location(s) listed in thecomplete Invitation to Bid (ITB) which may be reviewed by contacting the District'sPurchasing Agent. The information package will be available on Monday, April 12tb*

A mandatory Pre-Bid Conference will be held on Monday, April 19 t, 1:00 am, atthe project site, Campus of Anansi Charter School P.O Box 1709, El Prado, NM 87529

Bids will be received no later than Tuesday, May 1 tb, ( 3:00pm. Sealed bids must bedelivered to:

Taos Municipal School DistrictAttention: Quinton WoodPurchasing Agent213 Paseo Del Canon EastTaos New Mexico 87571(575) 758-5200

The Taos Municipal School District reserves the right to reject any and all bids and/orcancel this RFB in its entirety.

LEGAL NOTICE PUBLISH DATE: April t, 2010.

INVITATION TO BIDCONSTRUCTION CONTRACT

BID NUMBER: 2008 Bond - 14 OWNER:TAOS MUNICIPAL SCHOOL DISTRICT

Sealed bid opening date: Superintendant: Madelyn MarmolMay lI th, 2010 @ 3:00pm local time 213 Paseo del Canon East

TAOS MUNICIPAL SCHOOL DISTRICT Taos, NM 87571(575) 758-5200

Contact Information:PROJECT: ANANSI CHARTER SCHOOL Quinton WoodRENOVATION & ADDITION (PH III) Facilities and Grounds Director/Purchasing Agent

Taos Municipal School DistrictDISTRICT PROJECT NO.: 2008 BOND-14 (575) 758-5200

Email: quewoo~taoss chocls .orgPSFA PROJECT NO.: P09-024

PSFA FUNDING: [X ]YES []NO

DESIGN PROFESSIONAL OF RECORD:Living Designs Group122 Dona Luz Street- Suite ATaos, NM 87571 IMPORTANT: BIDS MUST BE SUBMITTED IN ADavid M. Henry, AlA SEALED ENVELOPE WITH THE BID NUMBER(575) 751-9481 AND OPENING DATE CLEARLY INDICATED ONEmail: dhenry~ldgtaos.com THE BOTTOM LEFT HAND SIDE OF THE FRONT

BID OPENING ADDRESS: OF THE ENVELOPE.TAOS MUNICIPAL SCHOOL DISTRICTCELESTINO ROMERO ADMIN. BLDG. SEALED BIDS WILL BE RECEIVED AT THE ABOVE

213 PASEO DEL CANON EAST SPECIFIED DATE, LOCAL TIME AND ADDRESS THEN

TAOS, NM 87571 PUBLICLY OPENED AT THE ABOVE SPECIFIEDTelephone: (575)758-5200 ADDRESS AND READ ALOUD. BIDS NOT RECEIVED BY

Telephone:.(575)758-5200 THE ABOVE SPECIFIED DATE, LOCAL TIME AND ATTHE LISTED ADDRESS PRIOR TO BID TIME, WILL NOTBE OPENED OR CONSIDEREDI DELIVERY IS SOLELY

THE RESPONSIBILITY OF THE BIDDER.

THIS BID IS SUBJECT TO THE REQUIREMENTS OF THE BIDDING DOCUMENTS AS DEFINED IN THE"INSTRUCTIONS TO BIDDERS," SECTION 00 2113.

THE BID PROPOSAL FORM MUST BE ACCOMPANIED BY A SURETY BOND, SUBCONTRACTOR LISTINGFORM, AND DOCUMENTS SPECIFIED IN TIHE "INSTRUCTIONS TO BIDDERS."

This mailing contains three pages

INVITATION TO BID 001116 -100-1116 Invitadon to Bid

INVITATION TO BID page 2

The owner will only accept bids from the prequalified General contractors. Refer to Section 00 4513for a list of Prequalified General Contractors.

Bidding Documents may be obtained at The Albuquerque Reprographics, 4716 McLeod RD. NE,Albuquerque, NM 87109-2135, phone number (505) 884-086 upon payment of $100 for eachcomplete set. CHECKS SHOULD BE MADE PAYABLE TO "OWNER" as listed on page 1 of thisInvitation to Bid. Incomplete sets will not be issued. The successful Bidder will receive refund of hisdeposit, and any unsuccessful Bidder who returns the Bidding Documents in good and completecondition within fifteen (15) days of the Bid Opening will also receive refund of this deposit. Nodeposits will be returned after the fifteen day period.

BIDDING DOCUMENTS MAY BE REVIEWED AT THE FOLLOWING LOCATIONS:

1. Design Professional's location as listed on page 1 of this Invitation to Bid or as determined byDesign Professional.

2. Owner's location as listed on page 1 of this Invitation to Bid or as determined by Owner

3. Builder's News and Plan Room3435 Princeton Drive NEAlbuquerque, New Mexico 87107(505) 884-1752

4. Construction Reporter1609 Second Street NWAlbuquerque, New Mexico 87102(505) 243-9793

5. Dodge Reports1615 University Boulevard NEAlbuquerque, New Mexico 87102(505) 243-2817

Bids shall be presented in the form of a total Base Bid proposal under a Lump Sum Contract. A bidmust be submitted on all bid items; segregated bids will not be accepted.

NOTE: Base Bid price shall not include state gross receipts or local options taxes. Taxes will beincluded in the Contracted Amount at prevailing rates as a separate item to be paid by Owner.

In submitting this bid, each Bidder must satisfy all terms and conditions of the Bidding Documents.All work covered by this Invitation to Bid shall be in accordance with applicable state laws and, if bidamount is $60,000 or more, is subject to the minimum wage rate determination issued by the office ofthe Labor Commissioner for this project. If the bid amount of the contractor or any subcontractorexceeds $50,000, the contractor and/or subcontractor must comply with the registration requirementspursuant to the Public Works Minimum Wage Act.

INVITATION TO BID 00 1116 - 200-1116 Invitation to BId

INVITATION TO BID page 3

Bid Security, if bid greater than $25,000, in the form of a surety bond executed by a surety companyauthorized to do business in the State of New Mexico in the amount of 5% of the total bid, or theequivalent in cash by means of a cashier's check or in a form satisfactory to the Owner, mustaccompany each bid in accordance with the Instructions to Bidders.

A 100% Performance Bond, a 100% Payment and Materials Bond executed by a surety companyauthorized to do business in the State of New Mexico, and a Builders Risk Insurance Policy shall berequired from the successful Bidder prior to award of contract.

A completed Subcontractor Listing Form must accompany each bid.

Each subcontractor shall provide a performance and payment bond on a public works building projectif the subcontractor's contract (to the Contractor) for work to be performed on a project is one hundredtwenty-five thousand dollars ($125,000) or more. Failure of a Subcontractor to provide required bondshall not subject the Owner to any increase in cost due to approved substitution of Subcontractor.

The Bidding Documents contain a time for completion of the work and further impose liquidateddamages for failure to complete the work within that time period.

No Bidder may withdraw his bid for 45 days after the actual date of the opening thereof

The Owner intends to award this Project to the lowest responsible Bidder. The Owner reserves theright to reject any and all bids, to waive technical irregularities, and to award the contract to the Bidderwhose bid it deems to be in the best interest of the Owner.

Attention of the Bidder is particularly directed to the current requirements as to Resident Contractor'sPreference per Section 13-4-3 NMSA 1978. The provisions of Sections 134-1 through 13-4-4 NMSA1978 are not applicable to projects receiving Federal aid or when the expenditure of Federal fundsdesignated for a specific contract is involved.

Requests for approval of substitutions for "or equal" material or equipment, if allowed by the contractdocuments, must includes a detailed itemized comparison of the proposed substitution with thespecified product and be submitted at least 10 days prior to the bid date in accordance with Paragraph3.3 of the Instructions to Bidders.

A mandatory pre bid meeting is scheduled approximately ten days prior to the bid date at:

LOCATION: Project Site, Anansi Charter School, #57 State Road 230, Des Montes (Taos County),NM (575) 776-2256

On:DATE: Monday April 1 91b, 2010 TIME: 1 1:00 am local time

END OF INVITATION TO BID

INVITATION TO BID 00 1116 - 300-1116 Invitation to Bid

INSTRUCTIONS TO BIDDERSSection 00 2113

1.0 DEFINITIONS AND TERMS1.1 Terms used in these Bidding Documents which are defined in the Instructions to Bidders and in the Conditionsof the Contract for Construction (General, Supplementary, and Other Conditions) have the meanings assigned tothem in those documents.

A. ADDENDUM: A written or graphic instrument issued prior to the opening of Bids which clarifies,corrects, or changes the Bidding Documents or Contract Documents. Plural: addenda.B. ALTERNATE BID: If requested by the Bidding Documents, the Amount to be added to the Base Bid ifthe corresponding change in the project scope, materials, and/or methods of construction is awarded by theOwner.C. BASE BID: Amount stated in the Bid as the sum for which the Bidder offers to perform the work,excluding alternate Bids.D. BID: The offer of the bidder submitted on the prescribed form setting forth the prices for the work to beperformed in conformance with the Bidding Documents.E. BID LOT: A major item of work for which a separate quotation or proposal is requested.F. BIDDER: One who submits a Bid directly to the Owner, as distinct from a subcontractor who submits abid to a contractor.G. BIDDING DOCUMENTS: The Bidding Requirements and the Contract Documents.H. BID FORM: A form which includes a specific space in which the bid price shall be inserted and whichthe Bidder shall sign and submit along with all other necessary submissions. A Bidder may submit areasonable facsimile of the Bid Form. . Bids received by facsimile or in electronic format will not beaccepted.1. BIDDING REQUIREMENTS: Notice of Invitation to Bid, Prebid Information, Instructions to Bidders,Information Available for Bidders, the Bid Form, Supplements to the Bid Form, and portions of Addendarelating to any of these.J. DAY: Day shall mean calendar day unless defined otherwise.K. INVITATION FOR BID: All documents including those attached or incorporated by reference orutilized for soliciting sealed bids.L. RESPONSIBLE BIDDER: A Bidder who is properly licensed in accordance with the ConstructionIndustries Licensing Act and submits a Responsive Bid and who has furnished, when required, informationand data to prove that his financial resources, production or service facilities, personnel, service reputation,and experience are adequate to make satisfactory delivery of the services, construction, or items of tangiblepersonal property described in the Invitation for Bid.M. RESPONSIVE BID: A bid which conforms in all material respects to the requirements set forth in theInvitation for Bid.N. SUCCESSFUL BIDDER: The lowest Responsible Bidder to whom the Owner, on the basis of theOwner's evaluation, makes an award. A Successful Bidder does not become the contractor until anagreement with the Owner is signed.

2.0 EXAMINATION OF BIDDING DOCUMENTS AND SITE2.1 Before submitting a Bid, each Bidder must, in accordance with the General Conditions with special attention toArticle's 1 and 3:

A. Examine the Bidding Documents thoroughly;B. Visit the site to familiarize himself with local conditions that may in any manner affects cost, progress,or performance;C. Familiarize himself with Federal, State, and local laws, ordinances, rules, and regulations that may inany manner affect cost, progress, or performance of the Work; andD. Study and carefully correlate the Bidder's observations with the Bidding Documents.

2.2 On request, the Owner will provide each Bidder access to the site to conduct such investigations and tests aseach Bidder deems necessary for submission of his Bid.

INSTRUCTIONS TO BIDDERS - PART A 00 2113 -1INSTRUCTIONS TO BIDDERS (addition&renavation)

2.3 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designatedfor use by the Contractor in performing the work are identified in the Bidding Documents.

2.4 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has compliedwith every requirement of this Section and that the Bidding Documents are sufficient in scope and detail to indicateand convey understanding of all terms and conditions for performance of the Work.

3.0 BIDDING DOCUMENTS3.1 COPIES OF BIDDING DOCUMENTS3.1.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in theInvitation may be obtained from the Design Professional at the location listed in page (1) of "Invitation to Bid"document (unless another issuing office is designated in the Invitation for Bid). The deposit will be refunded toBidders who submit a bona-fide bid and return the bidding Documents in good and complete condition withinfifteen (15) calendar days after opening of Bids.

3.1.2 Complete sets of Bidding Documents shall be used in preparing bids; neither the Owner, the Owner'sConstruction Manager nor the Design Professional assumes responsibility for errors or misinterpretations resultingfrom the use of incomplete or partial Bidding Documents.

3.1.3 The Owner, the Owner's Construction Manager and Design Professional, in making copies of BiddingDocuments available on the above terms, do so only for the purpose of obtaining Bids on the Work and do notconfer a license or grant for any other use.

3.2 INTERPRETATIONS3.2.1 All questions about the meaning or intent of the Bidding Documents shall be submitted to the DesignProfessional in writing. Replies will be issued by Addenda and mailed or delivered to all parties recorded by theDesign Professional as having received the Bidding Documents. Only questions answered by formal writtenAddenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

3.2.2 Bidders and Subcontractors shall promptly notify the Design Professional of any ambiguity, inconsistency, orerror which they may discover upon examination of the Bidding Documents or of the site and local conditions.

3.3 SUBSTITUTE MATERIAL AND EQUIPMENT The contract, if awarded, will be on the basis of material andequipment described in the Drawings or specified in the Specifications without consideration of possible substituteor "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or"or-equal" item of material or equipment may be furnished or used by the contractor if acceptable to the DesignProfessional, application for such acceptance will not be considered by the Design Professional unless submitted tothe Design Professional with a detailed itemized comparison of the proposed substitution against the specifiedproduct at least ten (10) days prior to the date for opening Bids. Any allowance of substitutions will be publishedto all prospective Bidders via addendum. The procedure for submittal of any such application by the Contractor andconsideration by the Design Professional is set forth in the Contract Documents.

3.4 ADDENDA3.4.1 Addenda will be mailed or delivered to all who are known by the Design Professional to have received acomplete set of Bidding Documents.

3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for thatpurpose.

3.4.3 Addenda will be issued no later than five (5) days prior to the date for receipt of Bids, except anaddendum withdrawing the request for bids or one which includes postponement of the date for receipt of Bids.

INSTRUCTIONS TO BIDDERS - PART A 00 2113 - 2INSTRUCTIONS TO BIDDERS (addition&renovation)

4.0 BIDDING PROCEDURES4.1 FORM AND STYLE OF BIDS4.1.1 Bids shall be submitted on forms identical to the form included with the Bidding Documents.

4.1.2 All blanks on the Bid Form shall be filled in by typewriter or manually in ink.

4.1.3 Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and, incase of discrepancy between the two, the amount written in words shall govern.

4.1.4 Any interlineations, alteration, or erasure must be initialed by the signer of the bid.

4.1.5 All requested Additive Alternate Bids shall be bid. If no change in the Base Bid is required, enter "NoChange." Deductive Alternates shall not be used.

4.1.6 Where there are two or more major items of work (identified as "Bid Lots") for which separate quotations arerequested, the Bidder may, at his discretion, submit quotations for any or all items, unless otherwise specified.Additionally, the Bidder may submit a lump sum price for all lots for which the Bidder has submitted separatequotations.

4.1.7 Each copy of the bid shall include the complete name of the Bidder and a statement that the Bidder is a soleproprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person orpersons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the State ofincorporation and have the applicable New Mexico Certificate of Incorporation number or Certificate of Authoritynumber. The Bid shall include the current contractor's license number and type, Department of Workforce SolutionsMinimum Wage Act registration number (DWS#), and the current Contractor's preference number. A bid submittedby an agent shall have a current Power of Attorney attached certifying the agent's authority to bind the Bidder.

4.1.8 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled inon the Bid Form).

4.1.9 The address to which communications regarding the Bid are to be directed must be shown.

4.1.1 0 The Project Name and Number, as well as the Invitation to Bid Number, shall be clearly shown on theoutside of the envelope in which the sealed Bid is submitted.

4.2 BID SECURITY4.2.1 Bid security in an amount equal to at least five percent (5%) of the amount of the Bid shall be a bond providedby a surety company authorized to do business in this State, or the equivalent in cash, a cashier's check, or otherwisesupplied in a form satisfactory to the Owner (Section 13-1-146, NMSA 1978) and approved in writing by the Ownerin advance. All General Contractor, or Primary Contractor, or Construction Manager at Risk Bonds shall beexecuted by such sureties as are named in the current list of "Companies Holding Certificates of Authority asAcceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," as published in Circular 570(amended) by the Audit Staff Bureau of Accounts, United States Treasury Department.

4.2.2 The bid security shall be in the amount of five percent (5%) of the highest Bid amount submitted, unlessotherwise stipulated, pledging that the Bidder will enter into a Contract with the Owner on the terms stated hereinand will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, the amount of the bidsecurity shall be forfeited to the Owner as liquidated damages, not as a penalty.

4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considereduntil:

A. the Contract has been executed and bonds have been furnished,B. the specified time has elapsed so that Bids may be withdrawn, orC. all Bids have been rejected.

INSTRUCTIONS TO BIDDERS - PART A 00 2113 - 3INSTRUCTIONS TO BIDDERS (additicn&renoi'ation)

4.2.4 When the Bidding Documents require bid security, noncompliance by the Bidder requires that the Bid berejected (13-1-147A, NMSA 1978).

4.2.5 If a Bidder is permitted to withdraw his Bid before award, no action shall take place against the Bidder or thebid security (13-1-147B, NMSA 1978).

4.2.6 The Owner may reduce bid security requirements authorized by the Procurement Code (13-1-28 to 13-1-199,NMSA 1978) to encourage procurement from small businesses. Reduction, if any, and the manner thereof will bestipulated in Paragraph 7. Reduction of the amount of bid security, if any, shall in no way reduce requirements forPerformance, Payment, or other Bonds referenced in the Bidding Documents.

4.3 PREBID CONFERENCE4.3.1 The Design Professional of Record shall conduct a Mandatory Pre-bid Conference approximately ten (10)days prior to the bid opening date stated in the Invitation to Bid.

4.3.2 The Design Professional of Record and his consultants, as applicable, shall be represented. ProspectiveBidders must attend. Prospective Subcontractors and Prospective Vendors are encouraged to attend. All should beprepared to ask questions regarding substitutions and to request clarification of the Bidding Documents. The failureof Subcontractor or Vendor to attend shall be interpreted to mean that the Bidding Documents are clear andacceptable to all non-participants at the Prebid Conference. Such clarity and acceptability shall be presumed withrespect to all Bidders.

4.3.3 Questions and requests for clarification presented in written form will receive written response, and ifwarranted, issued as Addenda. No verbal response shall be binding.

4.4 RESIDENT CONTRACTOR'S PREFERENCE4.4.1 When Bids are received from nonresident contractors and resident contractors and the lowest responsible Bidis from a nonresident contractor, the contract shall be awarded to the resident contractor whose Bid is nearest to thebid price of the otherwise low nonresident contractor if the Bid price of the resident contractor is made lower thanthe Bid price of the nonresident contractor when multiplied by a factor of ninety-five one-hundredths.

4.4.2 No contractor shall be treated as a resident contractor in the awarding of public works contracts by the Ownerunless the contractor has qualified with the State Purchasing Agent as a resident contractor pursuant to this sectionby making application to the State Purchasing Agent and receiving from him a certification number. Forconvenience, and without warranty that the process is current. The procedure for application and certification is asfollows:

A. The contractor seeking to qualify as a resident contractor shall complete the application form and submitit to the State Purchasing Agent prior to the submission of a Bid on which the contractor desires to be givena preference (see Pages 00000-2 thru 00000-6);B. The State Purchasing Agent shall examine the application and, if necessary, may seek additionalinformation or proof so as to be assured that the Prospective Contractor is indeed entitled to certification asa resident contractor. If the application is in proper form, the State Purchasing Agent shall issue thecontractor a distinctive certification number, which is valid until revoked and which, when used on Bidsand other purchasing documents for State agencies or local public bodies, entitles the contractor totreatment as a resident contractor under Subparagraph 4.4.1 of this section; andC. The certification number issued pursuant to Subparagraph B of this section may be revoked by the StatePurchasing Agent by making a determination that the contractor no longer meets the requirements of aresident contractor as defined in Section 13-4-2, NMSA 1978.

4.5 SUBCONTRACTORS4.5.1 The bidder shall list the Subcontractors he proposes to use for all trades or items on the Subcontractor ListingForm attached to the Bidding Documents. This requirement does not apply to second tier subcontractors, materialsuppliers, or subcontractors whose contract is for an amount no greater than the listing threshold described byLbsec;or A ofUI 1I -A-" below. I muni.ents foIrU Sub contractors pusuant to Chapter , La.s of 1988, 2nd

Session; are as follows:


AN ACT RELATING TO CONSTRUCTION INDUSTRIES; ENACTING THESUBCONTRACTOR FAIR PRACTICES ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

13-4-31 SHORT TITLESection 1 through 12 of this act may be cited as the "Subcontractors Fair Practices Act".

13-4-32 LEGISLATIVE FINDINGSThe legislature finds that the practices of bid shopping and bid peddling in connection with the construction,alteration and repair of public works projects often result in poor quality of material and workmanship to thedetriment of the public, deprive the public of the full benefits of fair competition among contractors andsubcontractors and lead to insolvencies and loss of wages to employees.

13-4-33 DEFINITIONSAs used in the Subcontractors Fair Practices Act:

A. "contractor" means the prime contractor on a public works construction project who contracts directlywith the using agency;B. "subcontractor" means a contractor who contracts directly with the contractor;C. "listing threshold" means the dollar amount, stipulated in the bidding documents, above whichsubcontractors must be listed;D. "notice" means information, advice or a written warning intended to apprise a contractor, subcontractoror using agency of some proceeding in which the contractor's, subcontractor's or using agency's interestsare involved or to inform him of some fact that is his right to know. Notice may be sent to a contractor,subcontractor or using agency by certified or registered mail and shall be deemed to be completed upondate of mailing; andE. "using agency" means any state agency or local public body requiring services or construction.(F.) (added for clarity from 13-4-13.1) "listed subcontractor" means a subcontractor who is currentlyregistered with the labor and industrial commission.

13-4-34 LISTING OF SUBCONTRACTORS; REQUIREMENTSA. Any using agency taking bids for any public works construction project shall provide in the biddingdocuments prepared for that project a listing threshold which shall be five thousand dollars ($5,000) or one-half of one percent of the architect's or engineer's estimate of the total project cost, not including alternates,whichever is greater. If the bidding documents do not include a listing threshold, then the using agencyshall supply the listing threshold. If the listing threshold has not been included, the bid opening shall bepostponed until the using agency has complied with this section. Any contractor or subcontractor interestedin bidding may apply to the district court in the county in which the project will be located for an injunctionpreventing the bid opening until the using agency has complied with this section. Any person submitting abid shall in his bid set forth:

(1) the name and the city or county of the place of business of each subcontractor under subcontract tothe contractor who will perform work or labor or render service to the contractor in or about theconstruction of the public works construction project in an amount in excess of the listing threshold;and(2) the category of the work that will be done by each subcontractor. The contractor shall list only onesubcontractor for each category as defined by the contractor in his bidi

B. A bid submitted by a contractor who fails to comply with the provisions of Subsection A of this sectionis a non-responsive bid which shall not be accepted by a using agency.

13-4-35 EXEMPTIONWith the exclusion of that portion of work covering street lighting and traffic signals, the Subcontractors FairPractices Act shall not apply to contracts for the construction, improvement or repair of streets or highways,including bridges, underground utilities within easements including but not limited to water lines, sewer lines andstorm sewer lines.

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13-4-35.1 APPLICATION OF ACTThe Subcontractors Fair Practices Act shall not apply to any transaction occurring after the contractor and the listedsubcontractor have executed a subcontract unless subsequent action on the subcontract relates to subcontractorlisting requirements.

13-4-36 SUBSTITUTION OF SUBCONTRACTORA. No contractor whose bid is accepted shall substitute any person as subcontractor in place of thesubcontractor listed in the original bid, except that the using agency shall consent to the substitution ofanother person as a subcontractor:

(1) When the subcontractor listed in the bid, after having had a reasonable opportunity to do so, fails orrefuses to execute a written contract, when such written contract, based upon the general terms,conditions, plans and specifications for the project involved and the terms of such subcontractor'swritten bid, is presented to him by the contractor;(2) When the subcontractor listed in the original bid becomes bankrupt or insolvent prior to executionof a subcontract;(3) When the using agency refuses to approve the subcontractor listed in the original bid, providedsuch approval has been reserved in the bidding documents;(4) When the subcontractor listed in the original bid fails or refuses to perform his subcontract;(5) When the contractor demonstrates to the using agency or its duly authorized officer that the nameof the subcontractor was listed as the result of an inadvertent clerical error;(6) When a bid alternate accepted by the using agency causes the listed subcontractor's bid not to below;(7) When the contractor can substantiate to the using agency that a listed subcontractor's bid isincomplete;(8) When the listed subcontractor fails or refuses to meet the bond requirements of the contractor; and,(9) when it is determined that the listed subcontractor does not have a proper license to perform thework and the contractor has submitted the name of the subcontractor along with proof that thesubcontractor bid work for which he was not licensed by the Construction Industries Division of theRegulation and Licensing Department.(10) When it determined by the using agency, the prime contractor or the director of the labor andindustrial division of the labor department that a listed subcontractor is not a registered subcontractoron the date bids are unconditionally accepted for consideration.

B. Prior to approval of the contractor's request for substitution of a subcontractor, the using agency shallgive notice in writing to the listed subcontractor of the contractor's request to substitute and of the reasonsfor the request. The notice shall be served by certified or registered mail to the last known address of thesubcontractor. The listed subcontractor who has been so notified has five (5) working days within which tosubmit written objections to the substitution to the using agency. Failure to file written objections shallconstitute the listed subcontractor's consent to the substitution. If written objections are filed, the usingagency shall give at least five (5) working days' notice in writing to the listed subcontractor of a hearing bythe using agency on the contractor's request for substitution.C. No contractor whose bid is accepted shall permit any subcontract to be voluntarily assigned ortransferred or allow it to be performed by anyone other than the original subcontractor listed in the originalbid without the consent of the using agency.D. No contractor whose bid is accepted, other than in the performance of change orders causing changes ordeviations from the original contract, shall sublet or subcontract any portion of the work in excess of thelisting threshold as to which his original bid did not designate a subcontractor unless:

(1) the contractor fails to receive a bid for a category of work. Under such circumstances, thecontractor may subcontract. The contractor shall designate on the listing form that no bid was received;or(2) the contractor fails to receive more than one bid for a category of work. Under such circumstances,the contractor may subcontract. The contractor shall state on the listing form that only onesubcontractor's bid was received, together with the name of the subcontractor. This designation shallnot occur more than one time on the subcontractor list.

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13-4-37 BOND REQUIREMENTS (This requirement may be modified by Invitation to Bid Section 00 1116-Page 3

A. It is the responsibility of each subcontractor submitting a bid to a contractor to be prepared to submit afaithful performance and payment bond if so requested by the contractor.B. In the event any subcontractor submitting a bid to a contractor does not, upon the request of thecontractor and at the expense of the contractor at the established charge or premium therefore, furnish tothe contractor a bond issued by a corporate surety authorized to do business in New Mexico in accordancewith the New Mexico Insurance Code (59A-1-1 to 59A-1-1 8, NMSA 1978) and listed in the United Statestreasury department circular 570 wherein the contractor is named the obligee, guaranteeing prompt andfaithful performance of the subcontract and the payment of all claims for labor and materials furnished orused in and about the work to be done and performed under the subcontract, the contractor may reject thebid and make a substitution of another subcontractor subject to the provisions of Section 13-4-36, NMSA1978. Such bond may be required at the expense of the subcontractor only if the contractor in his written orpublished request for subcontract bids:

(1) specifies that the expense for the bond shall be borne by the subcontractor; and(2) clearly specifies the amount and requirements of the bond.

13-4-38. FAILURE TO SPECIFY SUBCONTRACTOR If a contractor fails to list a subcontractor in excess ofthe listing threshold and he does not state that no bid was received or that only one bid was received, he representsthat he is fully qualified to perform that portion of the work himself and that he shall perform that portion of thework himself If after the award of the contract the contractor subcontracts any portion of the work, except asprovided in the Subcontractors Fair Practices Act, the contractor shall be guilty of violation of the SubcontractorsFair Practices Act and subject to the penalties provided in Section 13-4-41 NMSA 1978.

13-4-39. INADVERTENT CLERICAL ERRORA. The contractor, as a condition to assert a claim of inadvertent clerical error in the listing of asubcontractor, shall within four working days after the time of the prime bid opening by the using agency,give written notice to the using agency and to both the subcontractor he claims to have listed in error andthe subcontractor who had bid to the contractor prior to bid opening.B. Any listed subcontractor who has been notified by the contractor in accordance with the provisions ofthis section as to an inadvertent clerical error shall be allowed twelve working days from the time of theprime bid opening within which to submit to the using agency and to the contractor written objection to thecontractor's claim of inadvertent clerical error. Failure of the listed subcontractor to file written noticewithin the twelve working days shall be primary evidence of his agreement that an inadvertent clerical errorwas made.C. The using agency shall, in the absence of an objection to the contrary by the listed subcontractor in theoriginal bid, consent to the substitution of the intended subcontractor if:

(1) the contractor, the listed subcontractor listed in error and the intended subcontractor each submit anaffidavit to the using agency, along with such additional evidence as the parties may wish to submit,that an inadvertent clerical error was in fact made, provided that the affidavits from each of the threeparties are filed within twelve working days from the time of the prime bid opening; or(2) affidavits are filed by both the contractor and the intended subcontractor within the specified timebut the subcontractor whom the contractor claims to have listed in error does not submit, within twelveworking days from the time of prime bid opening, to the using agency and to the contractor writtenobjection to the contractor's claim of inadvertent clerical error as provided in this section.

D. If affidavits are filed by both the contractor and the intended subcontractor but the listed subcontractorhas, within twelve working days from the time of the prime bid opening, submitted to the using agency andto the contractor written objection to the contractor's claim of inadvertent clerical error, the using agencyshall investigate the claims of the parties and hold a hearing to determine the validity of the claims, withinthirty days after the receipt of the contractor's written objection. Any determination made shall be based onfacts contained in the affidavits submitted by all three parties and supported by testimony under oath andsubject to cross-examination. The using agency may, on its motion or that of any other party, admittestimony of other contractors, any bid registries or depositories or any other party in possession of factsthat may have a bearing on the decision of the using agency.

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13-4-40. EMERGENCY SUBCONTRACTINGSubcontracting any portion of the work in excess of the listing threshold as to which no subcontractor wasdesignated in the original bid shall be permitted only in the case of public emergency or necessity and then onlyupon a written finding by the using agency setting forth the facts constituting the emergency or necessity.

13-4-41. PENALTIESA. When a contractor violates any provision of the Subcontractors Fair Practices Act except Section 13-4-34 NMSA 1978, the using agency shall:

(1) in the case of a contractor who substitutes another subcontractor in violation of Section 13-4-36NMSA 1978, for the subcontractor originally included in the bid, assess the contractor a penalty in anamount equal to the greater of ten percent of the amount bid by the listed subcontractor or thedifference between the amount bid by the listed subcontractor and the amount bid by the substitutedsubcontractor;(2) in the case of a contractor substituting a listed subcontractor for another subcontractor, and thesubstituted subcontractor knowingly participated in a violation of Section 13-4-36 NMSA 1978, assessthe substituted subcontractor a penalty in an amount equal to the greater of ten percent of the amountbid by the listed subcontractor and the difference between the amount bid by the listed subcontractorand the substituted subcontractor; or(3) in the case of a contractor who fails to list a subcontractor in excess of the listing threshold asdefined in Section 13-4-38 NMSA 1978, assess the contractor a penalty of eight percent of the amountof the subcontract issued for the first violation and thirty percent of the amount of the subcontractissued for any violation thereafter, on any one project.

B. Penalties assessed pursuant to the provisions of this section shall be deposited into the fund from whichthe contract was awarded.C. In a proceeding under this section, the contractor shall be entitled to a hearing after notice.D. A violation of the provisions of the Subcontractors Fair Practices Act constitutes grounds fordisciplinary action against a contractor or a subcontractor, pursuant to regulations of the constructionindustries division of the regulation and licensing department.E. A contractor or a subcontractor who attempts to circumvent the provisions of the Subcontractors FairPractices Act shall be subject to the penalties established pursuant to this section.F. Any listed subcontractor removed in violation of the Subcontractors Fair Practices Act may bring anaction in the district court for damages, injunctive or other relief.

13-442. COVERAGE OF HOME RULE MUNICIPALITIESAny home rule municipality or H class county chartered under the provisions of Article 10, Section 6 of theconstitution of New Mexico is expressly denied authority to legislate regulation of the subject matter covered in theSubcontractors Fair Practices Act that conflicts with the provisions of that act.

13-4-43. DISPUTE RESOLUTIONOnce the using agency has determined the existence of a valid claim under the provisions of the Subcontractors FairPractices Act, the using agency or agent of the using agency may:

A. hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a"form of dispute" which shall be available to all parties. The form shall state concisely, in numberedparagraphs, the matter at issue or dispute which the complainant expects to be determined. The agent or theusing agency shall evaluate the issues presented by both sides of the dispute and render a decision withinten days after the hearing, and provide the parties with a written copy of the decision by certified mail,return receipt requested; orB. refer the matter in dispute to be resolved through arbitration.

4.5.2 The Bidder shall not list himself as the supplier or as the Subcontractor for any trade unless he has previouslyperformed work of this type or can prove to the Design Professional and the Owner's satisfaction that he actuallyhas, or will obtain, fully adequate ability to perform the work with his own forces.

4.5.3 Omission or non-compliance with the intent of the Subcontractor Listing (Section 00430) will be grounds forconsidering a bid as non-responsive.

INSTRUCTIONS TO BIDDERS - PART A 00 2113 - 8INSTRUCTIONS TO BIDDERS (addition&renotvation)

4.5.4 Prior to the award of the Contract, the Design Professional will notify the Bidder in writing if either theOwner or the Design Professional, after due investigation and written findings of fact, has reasonable and substantialobjection to any person or organization on such list. If the Owner or Design Professional has reasonable andsubstantial objection to any person or organization on such list and refuses in writing to accept such person ororganization, the Bidder may, at his option:

A. withdraw his Bid, or,B. submit an acceptable substitute Subcontractor.

In the event of withdrawal under this paragraph, bid security will not be forfeited.

4.5.5 The Successful Bidder shall, within ten (10) days of Notice of Award of the Contract for the Work, submit tothe Design Professional all of the requirements of Subparagraph 6.1.

4.5.6 The Successful Bidder will be required to establish to the satisfaction of the Design Professional and theOwner the reliability and responsibility of the persons or entities proposed to furnish and perform the workdescribed in the Bidding Documents.

4.5.7 Persons and organizations proposed by the Bidder and to whom the Owner and the Design Professional havemade no reasonable objection under the provisions of Paragraph 4.5.6 must be used on the work for which they wereproposed and shall not be changed except with the written consent of the Owner and the Design Professional. In aneffort to gain consent, provide, if possible, a written request from the person or organization wishing to be replacedby the Bidder explaining the need for the replacement.

4.5.8 No Successful Bidder shall be required to employ any Subcontractor, other person, or organization againstwhom he has reasonable objection.

4.6 SUBMISSION OF BIDS4.6.1 Bid, bid security, Subcontractors Listing Form, and other required documents listed in the Bidding Documentsshall be submitted in an opaque sealed envelope marked in accordance with Subparagraph 4.6.2 below.

4.6.2 The Bid envelope shall be addressed as required by Section 00_2114 - Instructions to Bidders - Part B.

4.6.3 Bids received after the date and time for receipt of bids will be returned unopened.

4.6.4 The Bidder shall assume full responsibility for timely delivery of bids to the Owner, including those Bidssubmitted by mail or otherwise. Bids hand delivered to the Bid Opening Address shall be received beginning onehour prior to the bid. Bids will be clocked in at the time received, which must be prior to the time specified. Bidswill then be held for public opening.

4.6.5 Oral, faxed, telephonic, or telegraphic bids are invalid and will not receive consideration.

4.7 CORRECTION OR WITHDRAWAL OF BIDS4.7.1 A bid containing a mistake discovered before Bid Opening may be withdrawn by a bidder prior to the time setfor Bid Opening by delivering verbal, written or telegraphic notice to the location designated in the Invitation forBid as the place where bids are to be received.

4.7.2 Bid security, if required, shall be in an amount sufficient for the bid in conformance with Section 4.2.

4.7.3 Withdrawn Bids may be resubmitted up to the time and date designated for the receipt of Bids, provided theyare then fully in conformance with the Bidding Documents.

4.7.4 After Bid Opening time, no modifications in bid prices or other provisions of bids shall be permitted.

4.7.5 After Bid Opening, a low Bidder alleging a material mistake of fact which makes his Bid non-responsive maybe permitted to withdraw his Bid if the:

A. mistake is clearly evident on the face of the Bid Document; orB. Bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.


Any decision by the Owner to permit or deny the withdrawal of a Bid on the basis of a mistake contained thereinshall be supported by a written determination setting forth the grounds for the decision. If withdrawal is permitted,bid security will not be forfeited.

4.5 NOTICE OF CONTRACT REQUIREMENTS BINDING ON BIDDER4.8.1 In submitting this bid, the Bidder represents that he has familiarized himself with the nature and extent of thefollowing requirements and of the Conditions of the Construction Contract (General, Supplementary, Project andOther Conditions):

4.9 REJECTION OR CANCELLATION OF BIDS An Invitation for Bid may be canceled, or any or all Bids maybe rejected in whole or in part, when it is in the best interest of the Owner. A determination containing the reasonstherefore shall be made part of the Project file. Bid security for rejected Bids shall be returned to the Bidder.

4.10 CONSIDERATION OF BIDS4.10.1 RECEIPT, OPENING, AND RECORDING Bids received on time will be opened publicly and will beread aloud, and an abstract of the amounts of the Base Bids and Alternates or bid items, if any, will be madeavailable to the Bidders. Each Bid shall be open to public inspection (13-1-107, NMSA 1978).

4.10.2 BID EVALUATION AND AWARD4.10.2.1 The Owner shall have the right to waive technical irregularities in the form of the Bid of the low Bidderwhich do not alter the price, quality, or quantity of the services, construction, or items of tangible personal propertybid (13-1-132, NMSA 1978).

4.10.2.2 It is the intent of the Owner to award a contract to the lowest responsible bidder, provided the Bid has beensubmitted in accordance with the requirements of the Bidding Documents. The unreasonable failure of a Bidder topromptly supply information in connection with an inquiry with respect to responsibility is grounds for adetermination that the Bidder is not a responsible Bidder (13-1-133, NMSA 1978). See Section 6 as to Post-BidInformation that may be required of a Contractor as to qualifications.

4.10.2.3 If the Base Bid is within the amount of funds available to finance the construction, contract award will bemade to the responsible Bidder submitting the low Base Bid; except that, if sufficient funds are available to fundalternates, the Owner may award the contract to the responsible Bidder submitting the low combined Bid within theamount of funds available (Base Bid plus or minus alternates). If the award is based on alternates, the Owner shallaccept them in the order in which they are listed on the Bid Form.

4.10.2.4 Discrepancies in the Bid Form between words and figures will be resolved in favor of words.Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved infavor of the correct sum.

4.10.2.5 Conditional Bids or Bids with additional terms will not be accepted.

4.11 NOTICE OF AWARD A written Notice of Award shall be issued by the Owner after review and approval ofthe bid and related documents by the Owner with reasonable promptness (13-1-100 and 13-1-108, NMSA 1978).

4.12 CANCELLATION OF AWARD When in the best interest of the public, the Owner may cancel the award ofany contract at any time before the execution of said contract by all parties without any liability against the Owner.

5.0 PROTESTS5.1 Any bidder, offerer, or contractor who is aggrieved in connection with this procurement (Bid) may protest to theOwner's Central Purchasing Agent and the Owner in accordance with the requirements of General ServicesDepartment Rule 93-601. The protest should be made in writing within twenty-four (24) hours after the facts oroccurrences giving rise thereto, but in no case later than fifteen (15) calendar days after the facts or occurrencesgiving rise thereto (13-1-172, NMSA 1978)

5.2 In the event of a timely protest under Subparagraph 4.10.1 (13-1-172, NMSA 1978 of the Procurement Code),the Owner's Central Purchasing Agent and the Owner shall not proceed further with the procurement unless the

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Owner's Purchasing Agent or the Owner makes a determination that the award of contract is necessary to protectsubstantial interests of the Owner (13-1-173, NMSA 1978). All protests must be send to the Owner's PurchasingAgent in Writing to the address listed on page (1) of the "Invitation to Bid" section.

5.3 The Owner's Central Purchasing Agent or his designee shall have the authority to take any action reasonablynecessary to resolve a protest of an aggrieved bidder, offerer, or contractor concerning procurement.

5.4 The Owner's Central Purchasing Agent or his designee shall promptly issue a determination relating to theprotest. The determination shall;

A. state the reasons for the action taken; andB. inform the protestant of the right to judicial review of the determination pursuant to Section 13-1-183,NMSA 1978 of the Procurement Code (13-1-175, NMSA 1978).

5.5 A copy of the determination issued under Section 13-1-175, NMSA 1978 of the Procurement Code shallimmediately be mailed to the protestant and other bidders or offerers involved in the procurement ( 13-1-176, NMSA1978).

6.0 POST-BID INFORMATION6.1 SUBMITTALS TO DESIGN PROFESSIONAL Within ten (10) days of Notice of Award and prior toconstruction, the following shall be submitted to the Design Professional:

A. the Contractor required bonds and Certificates of Insurance;B. for the Owner's consideration for approval, a resume and Statement of Qualification of proposedSuperintendent(s) and assistants until acceptable individuals are selected in accordance with Subparagraph3.9.2 of the General Conditions to the Construction Contract;C. signed Subcontractors List including contract amount of each, evidence of required bonds, costs of eachbond, and beneficiary of each bond; evidence of DOL registration, evidence of CID licensure;D. Assignment of Antitrust Claims (required for the Contractor, all Subcontractors, and all Suppliers);E. Certificate of Insurance;F. State W-9;G. evidence of other bonds or documents as specified in the Bidding Documents; andH. Schedule of Values and required supporting data in accordance with Paragraph 9.2 of the GeneralConditions to the Construction Contract.

6.2 RETURN OF BID SECURITY All Bid Security in the form of checks, except those of the two lowest Bidders,will be returned immediately following the opening and checking of the Bids. The retained bid security of theunsuccessful of the two lowest bidders, if in the form of a check, will be returned within fifteen (15) days followingthe award of contract. The retained bid security of the Successful Bidder, if in the form of a check, will be returnedafter a satisfactory contract bond has been furnished and the Contract has been executed. Bid Securities in the formof Bid Bonds will be returned only upon the request of the unsuccessful Bidder, but will be released by thePurchasing Agent for the District after the Notice of Award is sent by the Owner.

6.3 EXECUTION AND APPROVAL OF CONTRACT The Contract shall be signed by the Successful Bidderand returned, together with both the Contract Bonds and Certificate of Insurance, within fifteen (15) days after thedate of the Notice of Award. If the Contract is not executed by the Owner within forty-five (45) days followingreceipt from the Bidder of the signed Contract with Bonds and Certificate, the Bidder shall have the right towithdraw his proposal without penalty unless the Bidder has previously agreed to extend the date for acceptance bythe Owner No Contract shall be effective until it has been fully executed by all of the parties thereto.

6.4 NOTICE TO PROCEED The Owner will issue a written Notice to Proceed to the Contractor stipulating thedate from which Contract Time will be charged and the date Contract Time is to expire, subject to validmodifications of the Contract authorized by Change Order.

6.5 FAILURE TO EXECUTE CONTRACT Failure to return the signed Contract with acceptable Contract Bondsand Certificate of Insurance within fifteen (15) days after the date of the Notice of Award shall be just cause for thecancellation of the award and the forfeiture of the Bid Security, which shall become the property of the Owner, not


as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsibleBidder, or the Work may be re-advertised and constructed under contract or otherwise, as the Owner may decide.6.6 CONTRACTOR'S QUALIFICATIONS STATEMENT Bidders to whom award of a contract is underconsideration shall submit, upon request, information and data to prove that their financial resources, production orservice facilities, and service reputation and experience are adequate to make satisfactory delivery of the services,construction, or items of personal property described in the Bidding Documents (13-1-82, NMSA 1978). TheContractor shall always submit the requirements of Subparagraph 3.9.2 of the General Conditions to theConstruction Contract and also in accordance with Paragraph 6. 1 -B above.

7.0 OTHER INSTRUCTIONS TO BIDDERS7.1 The bid will be awarded in accordance with Subparagraph 4.10.2.3. The Owner may accept from the apparentlow bidder prior to the Award, a reduction to the bid cost or time and, may discuss with the apparent low bidder forpotential deductive modifications to the Work prior to the Award however, the Award shall be made on the un-modified Construction Documents with alternates accepted in accordance with this Paragraph 7.0.

7.2 If the lowest responsible bid has otherwise qualified, and if there is no change in the original project scope,terms or conditions, the lowest bidder may negotiate with the purchaser for a lower total bid in order to avoidrejection of all bids for the reason that the lowest bid was up to ten percent higher than budgeted project funds. Suchnegotiation shall not be allowed if the lowest bid was more than ten percent over budgeted project funds.

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INSTRUCTIONS TO BIDDERS - PART BSection 00 2114

1.0 BID ENVELOPE

The Bid envelope shall be addressed at the front center of the envelope to:

TAOS MUNICIPAL SCHOOL DISTRICTFACILITIES AND GROUNDS DIRECTOR/PROCUREMENT AGENTATTENTION: QUINTON WOOD213 PASEO DEL CANON EASTTAOS, NM 87571(575) 758-5200EMAIL: [email protected]

Also on the front of the envelope the Bidder shall mark: the name and address of the Bidder shallin the upper left comer; the name of project, Invitation to Bid Number, date of opening and, timeof opening in the lower left comer; and, "SEALED BIDS ENCLOSED" in the lower rightcorner or otherwise on the face thereof

-END OF SECTION-

INSTRUCTIONS TO BIDDERS - PART B 00 2114 - 100-2114 INSTRUCTIONS TO BIDDERS PART B

BID FORIVI (Lump Sum or Unit Price)

BIDDER'S Name and Address: ITB NO.: 2008 BOND - 014

PROJECT NAME:

Anansi Charter School Renovation & AdditionTelephone: (Phase m)Fax: LOCATION:Federal Tax ID :LCAIN #57 State Road 230New Mexico Tax ID #: Des Montes, NMCID License#

This Bid is submitted to:

Taos Municipal School DistrictCelestino Romero Admin. Bldg.

213 Paseo Del Canon EastTaos, NM 87571(575) 758-5200

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the Ownerin the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in theBidding Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordancewith the other terms and conditions of the Contract Documents,

2. The Bidder accepts all of the terms and conditions of the Invitation for Bid and Instructions to Bidders,including without limitation those dealing with the disposition of bid security and other Bidding Documents. ThisBid will remain subject to acceptance for forty-five (45) days after the day of Bid opening. The Bidder shall signand submit the Agreement between Owner and Contractor (hereinafter called Agreement) with the Bonds and otherdocuments required by the Bidding Requirements within fifteen (15) days after the date of the Owner's Notice ofAward.

3. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:A. the Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt ofall of which is hereby acknowledged):

No. Title: Date:

No. Title: Date:

No. Title: Date:

No. Title: Date:

B. the Bidder has familiarized himself with the nature and extent of the Bidding Documents, Work, site,locality, and all local conditions, laws, and regulations that in any manner may affect cost, progress,performance, or furnishing of the Work;

C. the Bidder has carefully studied all reports and drawings of subsurface conditions which are identifiedin the Information Available to Bidders and accepts the determination set forth in the Information Availableto Bidders of the extent of the technical data contained in such reports and drawings upon which the Bidderis entitled to rely;

D. the Bidder has correlated the results of all such observations, examinations, investigations,explorations, tests, reports, and studies with the terms and conditions of the Bidding Documents;

BID FORM (LUMP SUM) 00 4113 -1004113 BidForm

E. the Bidder has given the Design Professional written notice of all conflicts, errors, and discrepanciesthat he has discovered in the Bidding Documents, and the written resolution thereof by the DesignProfessional is acceptable to the Bidder;

F. this Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, orcorporation and is not submitted in conformity with any agreement or rules of any group, association,organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other Bidderto submit a false or sham Bid; the Bidder has not solicited or induced any person, firm, or corporation torefrain from bidding; and the Bidder has not sought by collusion to obtain for himself any advantage overany other Bidder or over the Owner;

G. the Bidder aclkowledges that he has attended any mandatory pre-bid conference scheduled by theOwner or the Design Professional pertaining to this project;

H. the Bidder agrees to show clearly on the envelope in which the Bid is submitted the Project Name andInvitation to Bid Number; and,

I. the Bidder will complete the Work for the following price (do not include any gross receipts tax inthe price). Do not include Unit Prices in the Lump Sum Price.

4. Bids shall be presented in the form of a total Base Bid proposal under a Lump Sum Contract, with optional UnitPricing (to be selected at Owners Option). A bid must be submitted on all bid items; (including Unit Pricing)segregated bids will not be selected by the Owner.

A. LUMP SUM PRICE (please use typewriter or print legibly in ink) Base Bid (use words):

($

B. UNIT PRICING (please use typewriter or print legibly in ink):

Description Estimated Quantity Additive Unit Price Per Measurement

Demolition & Replacement 100 $ sq. ft. installedof 4" (avg. thicknes)Spray Foam Roofing

The above unit price shall be for any additive work within 15% (above or below) of the estimatedquantities. The unit price shall include full compensation for the cost of labor, materials, equipment,overhead, profit and any additional costs associated with unit bid.

The Owner reserves the right to accept or reject any or all unit prices within sixty (60) days of the bid date.

5. The Bidder agrees that:

A. The Work to be performed under this Contract shall be commenced not later than ten (10) consecutivedays after the date of written Notice to Proceed, and that Substantial Completion for the Classrooms, &Restrooms (see area indicated on Floor Plan) shall be achieved not later than 79 days after the WrittenNotice to Proceed and the remainder of the project shall be completed within 169 calendar days after thedate of written Notice to Proceed, except as hereafter extended by valid written Change Order by theOwner.

B. Should the Contractor neglect, refuse, or otherwise fail to complete the Work within the time specified,the Contractor agrees to pay to the Owner in partial consideration for the award of this Contract the amount

BID FORM (LUMP SUM) 00 4113 - 200_4113 flidForm

of One Thousand Dollars ($1000) per consecutive day, not as a penalty, but as liquidated damages forsuch breach of the Contract.

C. The above prices shall include all labor, materials, removal, overhead, profit, insurance, taxes (notincluding gross receipts tax), etc., to cover the finished work of the several kinds called for. Changesshall be processed in accordance with the Contract Documents.

D. It is understood that the Owner reserves the right to reject any or all Bids and to waive any technicalirregularities in the bidding.

6. The following documents are attached to and made a condition of this Bid:A. Bid Security with Agent's Affidavit;B. Subcontractors Listing (use form contained in Section 04336 of Project Manual).

7. The terms used in this Bid and the Bidding and Contract Documents which are defined in the Conditions of theConstruction Contract (General, Supplementary, and Other Conditions), included as part of the BiddingDocuments, have the meanings assigned to them in those Conditions.

B. The Bidder is a(n):

A. INDIVIDUAL;

By:(Individual's Name - Printed) (Signature)

Doing business as (DBA):-

Business address:

Telephone: (

FAX:( !

or,

B. PARTNERSHIP:

By:(Firm Name)

(General Partner's Signature)Business address:

Telephone: ( )

FAX: (

or,

BID FORM (LUMP SUM) 00 4113 - 300D4113 HidFurin

C. CORPORATION:

Corporation Name:

State of Incorporation:

By Title:(Print Name of Person Authorized to Sign)

*

Signature of Authorized Person

If a New Mexico Corporation:NM Certificate of Incorporation Number

If a Foreign Corporation:NM Certificate of Authority Number

Attest (Secretary):

Business address

Telephone: ( ' CORPORATE SEAL HERE

FAX:( )

or,

D. JOINT VENTURE:

By(Name)

Address:

Telephone: ( )

FAX:( )

By(Name)

Address:

BID FORM (LUMP SUM) 00 4113 - 400_4113 BidForm

Telephone: ( )

FAX:( )

By(Name)

Address:

Telephone: (

FAX:( )

Each Joint Venturer must sign. The manner of signing for each individual, partnership, and corporationthat is a party to the joint venture should be in the manner indicated in the appropriate category.

BIDDER MUST FILL IN THE FOLLOWING (if none, write none)

NM License Number License Classification:

Dept. of Workforce Solutions Minimum Wage Act Registration Number (DWS#)_

Resident Contractor's Preference Number:

BID FORM (LUMP SUM) 00 4113 - 500_4113 BidFarm

Anansi Charter School Taos Municipal School District Bond 2008-014Renovation & Addition (Ph IH) Des Montes, NM Construction Documents

AGENT'S AFFIDAVIT

THIS FORM MUSTBE USED BYSURETY

(To be filled in by Agent)

STATE OF_!) ss.

COUNTY OF )

being first duly sworn, deposes and saysthat he/she is the duly appointed agent forand is licensed in the State of New Mexico.

Deponent further states that a certain bond was given to indemnify the State of New

Mexico in connection with the construction of

dated the day of 20_, executed byContractor, as principal, and , as surety, signed bythis Deponent; and Deponent further states that said bond was written, signed, anddelivered by him/her; that the premium on the same has been or will be collected byhim/her; and that the full commission thereon has been or will be retained by hirn/her.

Subscribed and sworn to before me, a notary public in and for the County of,this day of , 20_.

Notary PublicMy Commission Expires:

AGENT'S ADDRESS:

Telephone

AGENT'S AFFIDAVIT - BID BOND 00 4317 -100_4317-AgentAfidavit

Anansi Charter School Taos Municipal School District Bond 2008-014Renovation & Addition (Ph III) Des Montes, NM Construction Documents

COMBINEDLIST OF SUBCONTRACTORS

andASSIGNMENT OF ANTITRUST CLAIMS

byCONTRACTOR, SUBCONTRACTORS,

SUBSUBCONTRACTORS, and SUPPLIERS

EXAMPLE TRADES AND SUPPLIERS: SITE WORK, CONCRETE, MASONRY, FRAMING, LUMBER,

STEEL, STEEL FABRICATION, ROOFING, EXTERIOR INSULATION AND FINISH, DRYWALL, DOORS,

GLASS AND GLAZING, PLASTER, PAINTING, CARPET, RESILIENT, CONVEYING SYSTEMS, HVAC,

CONTROLS, PLUMBING, SHEET METAL, ELECTRICAL

1. Subcontractor Listing shall be included with Bid as a condition of the Bid and be fullycomplete with regards to all Subcontractors providing services valued at $5,000.00 or more, orone-half of one percent of the architect's or engineer's estimate of the total project cost, not includingalternates, whichever is greater pursuant to Section 13-4-34, NMSA 1978.

Listing Threshold for this Project: $5,000.00

a. Subcontractor Listing shall be expanded after receipt of Proposal by Offeror ifAwarded, and before Contract, to include major Suppliers and, each entity listed shall be signed byindividual empowered to obligate Supplier, Subcontractor, or Subsubcontractor.

b. Subcontractor Listing shall also be expanded after receipt of Proposal by Offeror if ifAwarded, and before Contract, to include the Department of Workforce Solutions Minimum WageAct Registration Number. See the Department of Workforce Solutions web site at

www.dws.state.nm.us under "Public Works" for registration form, listings and information.

c. See Instructions to Offerors, Section 00 2113 Paragraph 4.5, Subcontractors, for rules

regarding changes in this list after proposals are submitted.

2.

PROJECT NAME: Anansi Charter School Renovation and Addition (Phase Ill)

INVITATION TO BID NUMBER: 2008 Bond-14

The undersigned agrees that any and all claims which the firm may have or may inure to it for

overcharges resulting from antitrust violations as to goods, services, and materials purchased in

connection with the above-referenced project are hereby assigned to the Owner, but only to the

extent that such overcharges are passed on to the Owner. It is agreed that the firm retains all rights

to any such antitrust claims to the extent of any overcharges not passed on to the District, including

the right to any treble damages attributable thereto.

SUBCONTRACTOR LIST AND ASSIGNMENT OF ANTI-TRUST CLAIMS 00 4336 - 1


INVITATION TO BID: LsiITB NO: 2008 Bond-14 Subcontractor LIsting

Signature not required until Award of Contract.Sealed Proposals are due: * Minimum Wage Act Registration # not required byMay 11th, 2010 at 3:00 p.m.

Owner until Award of Contract.

Minimum Wage

Act Registration#

(if over $50,000)

TYPE OF WORK ENTITY NAME CITY & STATE ** SIGNATURE *

SITE WORK

CONCRETE

MASONRY

STEEL ERECTION

ROOFING

INSULATION

GLAZING

FRAMING

DRYWALL

PLASTER

FLOORING

PAINTING

SPECIALTIES

HVAC

CONTROLS

PLUMBING

ELECTRICAL

SPECIAL SYST.

SUBCONTRACTOR LIST AND ASSIGNMENT OF ANTI-TRUST CLAIMS 00 4336 - 2

Anansi Charter School Taos Municipal School District Bond 2008-014

Renovation & Addition (Ph III) Des Montes, NM Construction Documents

Minimum Wage

Act Registration #

TYPE OF WORK ENTITY NAME CITY & STATE (if over $50,000) SIGNATURE *

SUBCONTRACTOR LIST AND ASSIGNMENT OF ANTI-TRUST CLAIMS 00 4336- 3


PREQUALIFICATION

GENERALThe Contractor represents to the Owner that the Contractor:

1. is financially solvent, able to pay debts, and has sufficient working capital to complete theWork;2. is able to furnish the plant, tools, materials, supplies, equipment, skilled labor and sufficientexperience and competence required to complete the Work equal to or exceeding industrystandards;3. shall, prior to bid, be properly licensed according to the requirements of the ConstructionIndustries Licensing Act, Chapter 60, Article 13 NMSA 197 8 and ensures to the Owner that suchlicense shall remain in effect for the duration of the Work and warranty periods that theContractor is authorized and properly licensed to do business in the State of New Mexico and inthe locale where the Work is located;4. execution of the agreement and performance thereof is within the Contractor's dulyauthorized powers; and5. or assigns have visited the site of Work and has become familiar with the conditions underwhich the Work is to be performed, obtained all available information and have correlatedobservations and acquired information with the requirements of the Contract Documentsincluding conditions:

a) bearing upon access to the site, accommodations required, transportation, disposal,handling and storage;

b) affecting availability of labor, materials, equipment, water, electricity, utilities androads;

c) such as weather, river stages, flooding;

d) related to the apparent form and nature of the Work site, including the surface andsub-surface conditions; and,

e) that in general would be deemed by a prudent contractor to be material to the Work asto assess risk, contingencies and other circumstances;

6. has completed prior contracts with diligent and continuous effort and has been responsive topost-occupancy corrections.

PREQUALIFICATION FORMSThe Owner's Construction Manager has Pre-Qualified the following General Contractors:

1. MSR Contractors (Albuquerque, NM)2. Blue Sky Builders (Espanola, NM)3. Jaynes Construction (Albuquerque, NM)4. Bradbury Stamm (Albuquerque, NM)5. Wayne Rutherford (Taos, NM)6. PACE Pacific (Phoenix, AZ)7. Weil Construction (Albuquerque, NM)

Only the Pre-Qualified General Contractors selected by the Owner and listed above are eligible tosubmit bids on the Project

PREQUALIFICATION 00 4513 -100_4513-PreQualification


DEBARRED OR SUSPENDED CONTRACTORSA business (contractor, subcontractor, or supplier) that has either been debarred or suspended pursuantto the requirements of Sections 13-1-177 through 13-1-180 and 13-4-11 through 13-4-17, NMSA 1978as amended, shall not be permitted to do business with the State and shall not be considered for award ofcontract during the period for which it is debarred or suspended.

PREQUALIFICATION 00 4513 - 200_4513-PreQualification

I . AIA Document A101/CMah - 1992

Standard Form of Agreement Between Owner and Contractorwhere the basis of payment is a STIPULATED SUM

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

BETWEEN the Owner: ADDITIONS AND DELETIONS:BThe author of this document

(Namne and address) thas added informationneeded for its completion.

:1' i Municinal School District'- The author may also have¶ . 1ao revised ~~~~~~~~~~~~~~~~~~~the text of the213 P aselo dul Canon East. . --. . -................... . -- . - . -. . : . -original AIA standard form._Ta_ NM_ _ . -7- : -An Additions and Deletions

Report that notes added, , ,~~~~~~~~~~~~~~~~~~information'asiweii asand the Contractor:inomtnawels

revisions to the standard(Nam7e anid address) iform text is available from

ithe author and should be'reviewed.

-2 '; ' - - . 0 .ss' s . .- . This document has importantlegal consequences.'Consultationwith anFor the following Project: attorney is encouraged with

(Include detailed description ofProject, location, address and scope.) respect to its completion

*or modification.?

alsilCharterSchool Renovation&Addition (PhaseIII): 'Thae1992 Edition of AIADocument,.201/CMa,GeneralConditions of-the Contractfor Construction,

Construction Manager-The Construction Manager is: Adviser Edition, is adopted

(Namne and address) in this document byreference. Do.not use with'other general conditions

Parsons .unless this'docurjent is

6565 Americas Parkway NE, Suite 200 -modified. ,'Alblqiuergue. NM 87I10 .

The Architect is:(Name and address)

Living Designs Group122 Dona LDz StreetTaos. NM 8757 1l:575-751-9491 ext. 212 phone575-751-9483 faxContact: David M. Henry. AIA -

The Owner and Contractor agree as set forth below.

ELECTRONIC COPYING of anyportion of this AIA Documentto another electronic file isprohibited and constitutes aviolation of copyright lawsas set forth in the footer ofthis document.

ArA Douxnt Ale/Cldo - lgs9. Copyright e 1992 by The A-eri-an Institute of Architects. All right. rooaed. WARNING; This AIA0

Dloeseeti. protected by U.s copyright Law -nd International Treaties. U..athoricad repeodoction or distribution of this AlA ..esoet, or anypurtion of it, may result in severe civil and erianl penaitiec, and uill b. prosecuted to the masaixee extent possible under the ia-This draft woo produced by ASA software at 10:29:26 on 10/d1/2009 under Order ND.10553H6293 1 which expires on 1/20/21D0, and is cot forresale.Ocer Notes: (2543272122)

ARTICLE 1 THE CONTRACT DOCUMENTSThe Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and otherConditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listedin this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are asfully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire andintegrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACTThe Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically,indicated in the Contract Documents to be the responsibility of others, or as follows:

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION§ 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall bethe date of this Agreement, as first written above, unless a different date is stated below or provision is made for thedate to be fixed in a notice to proceed issued by the Owner.(In7ser-t the date of commnencem7ent, f it differs firno the date of this Agreement or; if appliceable, state that the datewill be fixed in a notice to proceed.)

Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shallnotify the Owner, through the Construction Manager, in writing not less than five days before commencing theWork to permit the timely filing of mortgages, mechanic's liens and other security interests.

§ 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days after the'Date of Commencement.(Insert the calendar date or number of calendar days after the date of COMMencem7ent. Also insert anry requir7ementsfor earlier Substantial Comnpletion of certain por tions of the Wfork, if not stated elsewhere in7 the ContractDocum77ents.)

Portion of Work Substantial Completion date

subject to adjustments of this Contract Time as provided in the Contract Documents.(Insert provisions, if anyj) for liquidated damages relating to failure to complete on time)

ARTICLE 4 CONTRACT SUM§ 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract theContract Sum of ($ ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the ContractDocuments and are hereby accepted by the Owner:(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made bythe Owner subsequent to the execution of this Agreemient, attach a schedule of such other alternates showing theamount for each and the date until which that amou7nt is valid.)

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

AIA Document A101/Cf no - 1992. Copyright C 199Z by The Am-ericac Iotitutc of Architects All rights rserved WARNIG: This AIAc Documentis protected by U.S. Copyright Law sad InierntlonLi Treaties. Dneuthoriced reproduction or distribution of this AIA' Doe.oent, or any 2portion of it, mey result in sevre- civil end -riswinal pensities, sod will be pros.euted to the caeieum extent possible under the law.This draft wao produced by AIA oct-rcre at 10:29:20 on 10/01/2009 ucdec Order N1.1000386293_1 which Fxpir-c on 1/29/2010, cod is sat forresole.UDer Notes (2543278122)

Description Units Price ($ 0.00)

ARTICLE 5 PROGRESS PAYMENTS§ 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and uponProject Applications and Certificates for Payment issued by the Construction Manager and Architect, the Ownershall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere inthe Contract Documents.

§ 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the . _ -| month, or as -Fllows:,

55.3 Provided an Application for Payment is submitted to the Construction Manager not laterthan the -tlast- dayof a month, the Owner shall make payment to the Contractor not later than the -last-day~of the d.&we folmonth. If an Application for Payment is received by the Construction Manager after the application date fixedabove, payment shall be made by the Owner not later than -3 ethirty-) days after the Construction Managerreceives the Application for Payment.

§ 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor inaccordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among thevarious portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy asthe Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manageror Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.

-i 5.4.1 A minimum of 5% (live percent) of the contract amount must be allocated on a separate line of the'Schedule oFValues for Proiect Close-Out. Invoicing against this line shall not commence before Substantial Completion of the Workis achieved.

§ 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work-as of the endof the period covered by the Application for Payment.

§ 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computedas follows:

§ 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplyingthe percentage completion of each portion of the Work by the share of the total Contract Sum allocated todthatportion of the Work in the Schedule of Values, less retainage of ( ). Pending final determination of cost tothe Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of theGeneral Conditions;

§ 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitablystored at the site for subsequent incorporation in the completed construction (or, if approved in--advance bythe-Owner, suitably stored off the site at a location agreed upon in writing), less retainage of -

§ 5.6.3 Subtract the aggregate of previous payments made by the Owner; and

§ 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified aCertificate for Payment as provided in Section 9.5 of the General Conditions.

§ 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under thefollowing circumstances:

AI.A Docunt AglJ/CH"' - 1992. Copyright e 1992 by The Amerio.. Institute of Architeoto. All rights rserved. WARNING: 1hi. AI' Doouesntis protected by U.S. Copyright Law end Inte rn. tins1 Trueotio.s Uneutboried reproduction or distribution of this AIA' D..o-nt, Os anyportion of it, my result in severe civil end crininel poneltio.. end will be proseuted to the eanimum extent poe.ible undr the low. 3This draft woo produced by AIA softuore at 10:29:26 on 10/01/2009 under Drder No.l0D0286293 1 whioh oxpireo on 1/28/201, ond is not forresale.Deer Notes: (25432781211

5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to -95%-(ninetyfive percenk-) of the Contract Sum, less such amounts as the Construction Manager recommends and theArchitect determines for incomplete Work and unsettled claims; and

§ 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, anyadditional amounts payable in accordance with Section 9.10.3 of the General Conditions.

§ 5.B Reduction or limitation of retainage, if any, shall be as follows:(If it is intended, prior' to Substantial Completion of/lie entire Wfork, to reduce or- limnit tlie retainage resulting fromith~eper-centages inser-ted in Sections 5.6.1 and 5.6.2 above, an~d this is notexplain~ed elsewh~lere initlfetdC1ifracDocuments, insert here pro visions for such reduction or' limfitation.)

* -N ictainaige shall be held by the Owncr.

ARTICLE 6 FINAL PAYMENTFinal payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to theContractor when (1) the Contract has been fuilly performed by the Contractor except for the Contractor'sresponsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfyother requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for~:Paytnenthas been issued by the Construction Manager and Architect; such final payment shall he made by the Owner notmore than 30 days after the issuance of the final Project Certificate for Paymente4blos

ARTICLE 7 MISCELLANEOUS PROVISIONS§ 7.1 'Where reference is made in this Agreement to a provision of the General Conditions or another ContractDocument, the reference refers to that provision as amended or supplemented by other provisions of the ContractDocuments.

§ 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due Eat thez rat: stnatedhclow, or in the absefncc tberecfl, at the legal rate prevailing from time to time at the place where the Project islocated,(Insert rate of interest agreed Up on, if an?).)

( )paaffum~~

(Usurp, laws and requirements under the Federal Tr-uth in Lending Act, similar state and local consumner credit lawsan7dother r-egutlation~sat the Owner's an~dCon7tractor-'s pr-incipal placesof business, the location of the Project andelsew~here may affect the validity of this prov1ision. Legal advice should be obtained with respect to deletions or-17odifications. and also regarding relquirements such as wiritten disclosures or- Wiaivers.)

§ 7.3 Temporary facilities and services:(Here insert temporary.facilities and services which are diffferent fiomn or- in addition to those in7clufded elsewhere inthe Con7tract Doculnents.)

§7.4 Other Provisions:(Here list any specialprovisions affecting the Contract.)

ARTICLE 0 TERMINATION OR SUSPENSION§ 0.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14'of the GeneralConditions.

§ 0.2 The Work may he suspended by the Owner as provided in Article 14 of the General Conditions.

AIA Dlce.n-t AlUl/fl.s - 1992. Copyright C 1992 by The Aeeri..n Institute of Architects All rights reservd. WARNING: This AlA0

Deeweentis protectad by U-S. Copyright Law and Intontien.1 Tretise. Unau.thcried reproduction or distribution ef this AIfleuiosn.t, or soyportion of It, siy re..ult in cause ivyil and riminal p-nltiso, and will be pr...e..tsd to the -aimoo eatent poss.ible under Eha I.c. 4This draft wa produced by AlA etarat 10:29:26 on 10/01/2003 under order IN10003862931 which espir- on 1/29/2010, and io not IetresoleUser Notes: 12543279122)

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS5 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated asfollows:

§ 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, ALADocument Al0 1/CMa, 1992 Construction Manager-Adviser Edition.

§ 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, ALA DocumentA20 1/CMa, 1992 Construction Manager-Adviser Edition.

§ 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual datedand are as follows:

Document Title Pages

§ 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 91.3, and are as follows:(Either list the Specifications here or refer to an exhibit attached to this Agreem7ent)

jTitle of Specifications exhibit:,

§ 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below;(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

Tite of Drawings exhibit: -

§ 9.1.6 The Addenda, if any, are as follows:

Number Dale Pages

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the biddingrequirements are also enumerated in this Article 9.

§ 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:(List here any additional documents which are intended to forlm part of the Contr-act Documents. The GeneralConditions provide that bidding requirements such as adivertisement or invitation to bid, Instr-zuctions to Bidders;samplefo;-mYs and the Cont-actor's bid are notpart of the Contr actDocuImlen7ts unless enuniierated in this Agy-eemtent.They should be listed here only 0 ifintended to be part of the Contract Documents.)

This Agreement entered into as of the day and year first written above.

OWNER CONTRACTOR

(Sign atffe) (Signature)

(Priinted name and title) (Printed name and title)

AIlA Du-ent AlDl/aga' - 1992. Copyright C 1992 by The hotorizon Institute of Architects. All righte reerved. WaRNkON: Thin AlA Documentin protected by U.S. Copyright La. and Internationl Treatie. Unauthorized reproduction or distribution of this AIA' Document, or anyportion of it, -y result in severe civil and criminal penalties, and will be proseuted to the mesieuo extant possible under the law.Thio draft was produced by AIA software ot 10:29:26 on lU/01/2009 under Order No.10003862931 which eopirco on 1/28/2010, end is not forresaleUeer Notes: 25432781221


MODIFICATION/CHANGE REQUEST

PROJECT NAME: Anansi Charter School PROJECT NUMBER: 2000 Bond-14Renovation and Addition (Phase

M/CR LOG NUMBER (Assigned by DP) Current Date

REQUESTED BY DISTRICT REP (DR) El CONTRACTOR El DP L1 INITIAL

WHO HAS REQUESTED THE WORK BE DONEie; user group name/individuallcontractorlsubcontractor/ etc.

DESCRIPTION OF CHANGE ATTACHMENT(S) YESE NOElFirst why, then how.

OWNER REVIEW OF CONTENT AND/OR FEASIBILITY INITIAL DATE_DR

INITIAL DATECM

LI DO NOT PROCEED

H PROCEED WITH ESTIMATE OF COSTS ONLY (within 10 calendar days of receipt of this MCR)!

H PROCEED WITH WORK, ESTIMATES OF COSTS TO FOLLOW (estimate within 10 days of receipt of this MCR)l

A/E - ESTIMATED COST OF REQUIRED DESIGN WORK: (estimate within 5 days; Include breakdown of costs)$ Initial Date

Project DPPROCEED WITH DESIGN: (Forward proposed costs of work to OWNER for approval, include GRT)

APPROVED AMOUNT $ Initial DateDR CM

CONTRACTOR'S PROPOSED COST: (Include backup, include GRT)APPROVED AMOUNT $ Initial Date

DR CMMUST BE COMPLETED TO FINALIZE: INITIAL DATE_

DRINITIAL DATE_

H PROCEED WITH MODIFICATION OF WORK AND TO CONTRACT SUM (INCLUDE IN CHANGE ORDER)

Ii REJECTED BUT, REPLACED BY MCR #

H REJECTED - STOP ALL ACTION ON THIS REQUEST_

MODIFICATION / CHANGE REQUEST (MCR) FORM 00 6360 -1


MODIFICATION / CHANGE REQUEST NO. DATE:

PROJECT NO. 2008 Bond-14

DESCRIPTION OF PROPOSED WORK:

NOTE: Fill out a separate worksheet for each subcontractor on this MCR. The GCshall use this same form to summarize the total of all subcontractor proposals whileadding GC costs. Attach all worksheets and breakdowns to summary sheet for eachMCR. See Article 7.2 in Section 00 7200 General Conditions.

SUBCONTRACTOR'S COSTS (ATTACH SUBCONTRACTOR'S SHEET ANDCOST BREAKDOWNS):*

1 Total of subcontractor's material (attach itemized $

breakdown):2 Total of subcontractor's labor cost including fringe benefits

and labor burden (attach itemized breakdown): $

3 Other directly attributable costs allowed (attachitemized breakdown): $

4 Subtotal: $5 Subcontractor's O&P %: $6 Subcontractor's Bond: - $7 Permits paid by subcontractor: $

8 Subcontractor's Total Costs: $

GENERAL CONTRACTOR'S COSTS (ATTACH WORKSHEETS)"9 GC's material (attach itemized breakdown): $

10 General Contractor's labor cost including fringe $benefits and labor burden @ % (attachitemized breakdown):

11 Construction equipment (rental). $12 Directly attributable field supervision, insurance, etc. $

(attach itemized breakdown):13 Subtotal: $14 General Contractor's Overhead $ Profit

on subcontractor ( % of Item 8): $15 General Contractors Overhead & Profit on work by

General Contractor's forces ( % of Item 13): $

16 Subtotal (sum of Items 13, 14 and 15): $17 Bond ( % of Item 16): $18 Permits paid by General Contractor: $19 Subtotal (sum of Items 8, 16,17 and 18): $20 Gross Receipts Tax % of Line 19: $

21 General Contractor's total cost (sum of Lines 19 and 20): $

* Allowable costs and percentages shall not exceed those indicated in Article 7.2.5.

MODIFICATION / CHANGE REQUEST (MCR) WORKSHEET 00 6361-1


STATE OF NEW MEXICO BILL RICHARDSON60 ~~~~~~~~~~~~~GOVERNOR

z~t'; Age ft Taos Municipal School District PAULATACKETr213 Paseo del Canon East, Taos, NM 87571 CHAIR

CERTIFICATE OF SUBSTANTIAL COMPLETIONPROJECT NUMBER: 2008 B ond-14 CONTRACT DATED:

PROJECT NAME: Anansi Charter School Additions and Renovations (Phase III)

WORK SUtBSTANTIALY COMPLETE: (Clearly stale if in WHOLE or PART)

SUBSTANTIAL COMPLETION is defined, in accordance with Article 9 of the GeneralConditions, as the date certified by the Design Professional when all the Work, or portion of theWork, is complete except for minor items so that the Owner can completely occupy or fillyutilize the Work for it's intended use.

The Design Professional also certifies that Contractor's Punch List of items to be completed orcorrected prior to Final Completion, and Close-out List, have been reviewed by the DesignProfessional's best effort and found to be accurate. The Design Professional and the Contractorcertify that attached are; 1) any agreed upon modifications or exceptions to Warranties stated inthe Contract Documents, 2) Punch List, and 3) Close-out List and Schedule.

The DESIGN PROFESSIONAL therefore has determined that the Date of SubstantialCompletion for that Work defined above was , 20 .

DESIGN PROFESSIONAL:

By: Date:

The CONTRACTOR certifies that the above is true and in agreement and to be responsible forany Liquidated Damages due related to Substantial Completion date in accordance with theContract Documents.

CONTRACTOR:By: Date:

The OWNER hereby accepts the above defined Work as being Substantially Complete on saiddate.

Distribution to:By: F District Purchasing Agent

(NAME OF DISTRICT a Design Professional of RecordREPRESENTITTVE) fa Construction Manager

DISTRICT REPRESENTIVE F Contracts AdministratorTAOS MUNICIPAL SCHOOL E Other

DISTRICT

Date: t

CERTIFICATE OF SUBSTANTLAL COMPLETION 006516-1

Anansi Charter School Taos Municipal School District Bond 2008-014Renovation & Addition (Ph II) Des Montes, NM Construction Documents

STATE OF NEW MEXICO BILL RICHARDSONGOVERNOR

Taos Municipal School District PAULA TACKET7

it ~,213 Paseo del Canon East, Taos, NM 87571 CHAIR

CERTIFICATE OF FINAL COMPLETIONPROJECT NUMBER: 2008 Bond-14 CONTRACT DATED:

PROJECT NAME: Anansi Charter School Renovation and Addition (Phase III)

SUBSTANTIAL COMPLETION DATE:

FINAL COMPLETION is defined, in accordance with Article 9 of the General Conditions, as thedate certified by the Design Professional when all the Work of the Project is fully complete, theClose-Out requirements of Paragraph 9.10 of the General Conditions have been completed, theContract fully performed in accordance with the Contract Documents, and the Contractor entitledto final payment.

The DESIGN PROFESSIONAL has inspected the Work and has determined that the Date ofFinal Completion was

_ ,20.

DESIGN PROFESSIONAL:

By: Date:ONE YEAR INSPECTION: Approximately thirty days prior tothe one-year anniversary of the Date of Substantial Completion, the Design Professional, theOwner, and the Contractor shall conduct an inspection of the Project to determine any correctionof the Work which may be required at that time.

The CONTRACTOR certifies that the Work is fully completed and was completed on or beforeand submits herewith:

Application for Final Payment (AIA G702 or equal)Affidavit of Payments (AIA G706 or equal)Consent of Surety (ALA G707 or equal)Release of Liens (ALA G706A or equal)

CONTRACTOR:

By: Date:The OWNER hereby accepts the Work as fully complete and will make final payment.

Distribution to:By: W District Purchasing Agent

(NAME OF DISTRICT S Design Professional of RecordREPRESENTITrVE) E Construction Manager

DISTRICT REPRESENTIVE 5 Contracts Administrator(NAME OF DISTRICT) SCHOOL S1 Other

DISTRICT

Date:

CERTIFICATE OF FINAL COMPLETION 00 6519 - 1

AIA Document A201/CMah - 1992

General Conditions of the Contract for Construction wherethe Construction Manager is NOT a Constructor

for Ihe following PROJECT:(Name and location or address):

nAaisi Charte School Renovation and Addition (Phase m-:#57 State Road 230 t - - - - - - -- -ADDITIOl4S AND DELETIONS:'

'The~ author of this documentaDes Mntes. N p ,has added information

.-- ; = s ; ............... -is ,.- ---needed for its completion.

The author may also have~rev~ised the text of theTHE OWNER: 'original AIA standard form.

(Name and address): An Addition5 and Deletions

Taos-Municipal School Disfict Report that notes added213aseo dei Can on - ; - - - . - ~ X 0 information as!well as

Previsions tc the standardT Laos. 1N1S

87571 . -I - . - . - .: . . --- .fors text is available from

.the author and should be

reviewed. •

THE CONSTRUCTION MANAGER: This document has important

(NaNne aend adcr-ess). legal consequences.Parso.n,, . ,. i = . .s - -Consultation with an*arsons ' . . .: - : . - - - :; -- . -: attorney is encouraged with6868 Americas Parkway. Suite 200 respect to its completion

Albuqguerye. NM 8711 0 -or modification;

THE ARCHITECT:(Name and address):.Lviun Desians Group Arclitects122 Dona Liz St.-Taos NM 87571

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ADMINISTRATION OF THE CONTRACT

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS

7 CHANGES IN THE WORKELECTRONIC COPYING of any

a TIME portion of this AIA' Documentto another electronic file isprohibited and constitutes a

9 PAYMENTS AND COMPLETION violation of copyright lawsas set forth in the footer of

10 PROTECTION OF PERSONS AND PROPERTY this document.

AIA Dosusint A201/C- - 1992. Copyright C 1992 by The A-Ieriean Institute of Architects. All right. rerved. WANINr: This AIt' Documntis protected by U.S. Copyright Law end Intern-tion.l Irea-tise. Vnuthorirsd reproduotion or distribution of this AIA' Document, or anyportion of it, may re-uit in sewers civil and criminal penalties, and will be proseouted to the -aximum extent po.sibls under the lawThis draft was produced by AlA coftoore at ln:2251 on 10/01/2009 undor Order N.o10003H6293 1 which cxpireo on 1/2B/2010, and is rot fcrresale.User Notes (3220950156)

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

AIA D.eu.-.t A2UIl/flMe. 1992. Capyright c 1992 by The A-ner..a 1-1,itue ~f A-shi ..ents. All right~. ~...rv.d. W~MWINr: TIhi. AIA' Dou.aeeftis -It.rneted by U.S. Cspyright L.. end lnt .... eti ... Tre...es t-.. e...th..i..d repra.5s disteib~ti-n of this AlA

5flsaas.., r - ...Y

partian f it, e-Y resot irssvr nvled ri pofleltis.; knd ,il b p...... 1d tohb e-aies- ct"n p.sible unde th lo 2

t F~ 0~ . d ord. .4.

This Iraft wa r~e y A sait-r at 10;32:51 as 1/1/200 wdrre a.003 6293 1whiu epre xc 1/0201,adi tfrresal : e.0 15

~~~~~~~5e~~~~~~~~~~~~~~~~~~ Notes: (3220050150)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

INDEX

Acceptance of Nonconforming Work Architect's Approvals9-6.6, 9.9.3. 12.3 2.4.1, 3.5.1, 3.10.3, 3.12.6, 3.12.8, 3.18.3, 4.6.12Acceptance of Work Architect's Authority to Reject Work9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 3.5.1, 4.6.10, 12.1.2, 12.2.1Access to Work Architect's Copyright3.16, 6.2.1, 12.1 1.3Accident Prevention Architect's Decisions4.6.6, 10 4.6.10, 4.6.12, 4.6.18, 4.6.19, 4.6.20. 4.7.2, 4.7.6,;4.8:1,-tActs and Omissions 4.8.4, 4.9, 6.3, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2,9,9.1,_-3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.6.6, 4.6.2., 4.7.9, 10.1.2, 13.5.2, 14.2.2, 14.2.48.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Architect's InspectionsAddenda 4.6.5, 4.6.16, 4.7.6, 9.4.3, 9.8.2, 9.9.2, 9.10.1, 13.51.1.1, 3.11 Architect's InstructionsAdditional Costs, Claims for 4.6.10, 4.6.12, 7.4.1, 9.4.3, 121,13.5.24.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3 Architect's InterpretationsAdditional Inspections and Testing 4.6.18, 4.6.19, 4.7.74.6.10, 9.8.2, 12.2.1, 13.5 Architect's On-Site ObservationsAdditional Time, Claims for 4.6.5, 4.6.9, 4.7.6, 9.4.3, 9.5.1,! 9.10.1, 13.54.7.6, 4.7.8, 4.7.9, 8.3.2, 10.3 Architect's Project RepresentativeADMINISTRATION OF THE CONTRACT 4.6.173.3.3, 4, 9.4, 9.5 Architect's Relationship with Contractor . .... lAdvertisement or Invitation to Bid 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8,1.1.1 3.12.11, 3.16, 3.18, 4.6.6, 4.6.7, 4.6.10, 4.6.12, 4.6.19,Aesthetic Effect 5.2, 6.2.2, 7.3.4, 9.8.2, 10.1.2, 10.1.4, 10.1.5, 11.3.7,4.6.20, 4.9.1 12.1, 13.5Allowances Architect's Relationship with Construction Manager3.8 1.1.2, 2.4.1, 3.12.6, 3.12.8, 4.6.8, 4.6.10, 4.6.14, 4i6.f6,All-risk Insurance 4.6.18, 6.3.1, 9.7.1, 9.8, 9.9.1,9.9.2,9.10.1, 9.10.2,11.3.1.1 9.10.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.4Applications for Payment Architect's Relationship with Subcontractors4.6.9, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 1.1.2, 4.6.6, 4.6.7, 4.6.10, 5.3.1, 9.6.3,9.6.4, 113.79.10.3, 9.10.4, 11.1.3, 14.2.4 Architect's RepresentationsApprovals 9.4.3, 9.5.1, 9.10.12.4, 3.3.3, 3.5, 3.10.3, 3.12.4 through 3.12.8, 3.18.3, Architect's Site Visits4.6.12, 9.3.2, 11.3.1.4, 13.4.2, 13.5 4.6.5, 4.6.9, 4.6.16, 4.7.6, 9.4.3, 9.5.1, 9.8.2, 9.,9.2,Arbitration 9.10.1, 13.54.5, 4.7.4, 4.9, 8.3.1, 10.1.2, 11.3.9, 11.3.10 AsbestosArchitect 10.1.2, 10.1.3,.10.1.44.1 Attorneys' Fees o P 90ArchitectandCertificateofPayment 3.1841,9.10.2,10.1.4 s4.6.9 Award of Separate ContractsArchitect, Definition of 6.1.14.1.1 Award of Subcontracts and Other Contracts forArchitect, Extent of Authority Portions of the Work2.4.1, 3.12.6, 4.6.6, 4.7.2, 5.2, 6.3, 7.1.2, 7.2.1, 7.4, 9.2, 5.29.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, Basic Definitions12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 1.1Architect, Limitations of Authority and Responsibility Bidding Requirements3.3.3, 3.12.8, 3.12.11, 4.6.5, 4.6.6, 4.6.10, 4.6.12, 1.1.1, 1.1.7, 5.2.1, 11.4.14.6.17, 4.6.19, 4.6.20, 4.7.2, 5.2.1, 7.4, 9.6.4 Boiler and Machinery InsuranceArchitect's Additional Services and Expenses 11.3.22.4, 9.8.2 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, Bonds, Lien14.2.4 9.10.2Architect's Administration of the Contract Bonds, Performance and Paynient4.6, 4.7.6, 4.7.7, 4.8, 9.4, 9.5 7.3-6.4, 9.10.3, 11.3.9, 114

AIA Document A201/CMN - 1992. Copyright 0 1992 by The American Institute of Architects. All right, reerved. WARNING: This A1t Douentis proteoted by D1S. Copyright L-a end International Treatie. Unsutberired reproduction or distribution of this AIA D-uuient, or anyportion of it, ay result in severe civil and criminal penaltiso, end will be prosecuted to the maxieus extent possible under the io.. 3This droft coo produced by AIA soft.ore ot 10:32:51 cc 10/01/2009 under rorde No.1000386293 1 which copi-rs on 1/28/2010, ard io not forresale.us~er Notes: (3220950156)

Building Permit COMPLETION, PAYMENTS AND2.2.3,3.7.1 9Capitalization Completion, Substantial1.4 4.6.16, 4.7.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.2,Certificate of Substantial Completion 13.79.8.2 Compliance with LawsCertificates for Payment 1.3, 3.6, 3.7, 3.13, 4.1.1, 1012.2,11.1,11.3,13.1,4.6.8, 4.6.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.39.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Concealed or Unknown ConditionsCertificates of Inspection, Testing or Approval 4.7.6 - -

3.12.11, 13.5.4 Conditions of the ContractCertificates of Insurance 1.1.1, 1.1.7, 6.1.19.3.2, 9.10.2, 11.1.3 Consent, WrittenChange Orders 1.3.1, 3.12.8, 3.14.2, 4.7.4. 4.9.5, 9.3.2, 98.2, 9.9.1,1.1.1, 2.4.1, 3.8.2.4, 3.11.1, 4.6.13, 4.7.3, 5.2.3, 7.1, 9.10.2, 9.10.3, 10.12, 10.1.3, 113.1,11.3.1.4,11.3.11,7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 13.2, 13.4.2 i- n

11.3.9, 12.1.2 CONSTRUCTION BY OWNER OR BY OTHERChange Orders, Definition of CONTRACTORS7.2.1 1.1.4, 6Changes Construction Change Directive, Definition of7.1 7.3.1CHANGES IN THE WORK Construction Change Directives3.11, 4.6.13, 4.6.14, 7, 8.3.1, 9.3.1.1, 10.1.3 1.1.1, 4.6.13, 7.1, 7.3, 9.3.1.1Claim, Definition of Construction Manager4.7.1 4.2Claims and Disputes Construction Manager, and Building Permits4.7, 4.8, 4.9, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 2.2.3Claims and Timely Assertion of Claims Construction Manager, Claims against4.9.6 4.7.2Claims for Additional Cost Construction Manager, Communications through:4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3 4.6.7Claims for Additional Time Construction Manager, and Construction Schedule4.6.9, 4.7.6, 4.7.8, 4.7.9, 8.3.2 3.10.1, 3.10.2Claims for Concealed or Unknown Conditions Construction Manager, Definition of4.7.6 4.2.1Claims for Damages Construction Manager, and Documents and Samples at3.18, 4.7.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 the SiteClaims Subject to Arbitration 3.11.14.7.2, 4.8.4, 4.6.1 Construction Manager, Extent of AuthorityCleaning Up 3.12.6, 3.12.8, 4.3, 4.6.3, 4.6.11, 7.1.2, 7.2.1,7.3.1,3.15, 6.3 B.3.1, 9.2.1, 9.3.1, 9.4.1, 9.4.3, 9.8.2, 9.8.3, 9.9.1, 12.1,Commencement of Statutory Limitation Period 12.2.1,12.2.4,14.2.2,14.2,413.7 Construction Manager, Limitations of Authority andCommencement of the Work, Conditions Relating to Responsibility2.12 ,2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1 3.12.6, 4.7.7, 4.6.6, 4.6.10, 13.4.25.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Construction Manager, and SubmittalsCormmencement of the Work, Definition of 3.10.38.1.2 Construction Manager's Additional Services andCommunications, Owner to Architect Expenses2.2.6 12.2.1, 12.2.4Communications, Owner to Construction Manager Construction Manager's Administration of the Contract2.2.6 4.6, 9.4, 9.5Communications Facilitating Contract Administration Construction Manager's Approval3.9.1 4.6.7, 5.2.1 2.4.1,3.10.3Completion, Conditions Relating to Construction Manager's Authority to Reject Work3.11, 3.15, 4.6.5, 4.6.16, 4.7.2, 9.4.2, 9.8, 9.9.1, 9.10, 4.6.10, 12.2.111.3.5, 12.22, 13.7.1

AJA Dou.nt A2ul/CMa" - 1992. Copyright lS992 by The American Institute af Archit-cts All righte reserved. WING: Thie AA' Documentis prote:ted by U..s Copyright Law and Internatinel Trecties. UnDuthoriced reproduction or distribution of thin AIAo DJooumnt, or 4yportion of it, eay result in severe civil and -rieinsl penalties, and will be proseoutad to the ,cainuze e.Lent possible undra the law.4This draft was pradusod by AIA saftw-r at 10:32:51 an 10/Ul/2009 under Drder 1-101000336293_1 uh-ch eopires an 1/12/2010, and is not for

UVer Notee- (3220950156)

Construction Manager's Decisions Contract Sum7.3.6, 7.3.7, 7.38, 9.3.1, 9.4.1, 9.5.1 3.8, 4.7.6, 4.7.7, 4.8.4, 5.2.3, 7.2, 7.3, 9.1, 9.7, 11.3.1,Construction Manager's Inspections 12.2.4, 12.3, 14.2.44.6.10, 9.4.3, 9.8.2, 9.9.2, 12.1.1 Contract Sum, Definition ofConstruction Manager's On-Site Observations 9.1.19.5.1 Contract TimeConstruction Manager's Relationship with Architect 4.7.6, 4.7.8.1, 4.8.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7,1.1.2, 4.6.8, 4.6.10, 4.6.11, 4.6.14, 4.6.16, 4.6.18, 6.3.1, 12.1.19.2.1, 9.4.2, 9.4.3, 9.51, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.9.1, Contract Time, Definition of9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 8.1.113.5.4, 14.2.2,14.2.4 CONTRACTORConstruction Manager's Relationship with Contractor 33.2.1, 3.2.2 3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.2, Contractor, Definition of3.10.3, 3.11.1, 3.12.5, 3.12.6, 3.12.8, 3.12.9, 3.12.10, 3.1.1, 6.1.23.12.11, 3.13.2, 3.14.2, 3.15.2, 3.16.1, 3.17.1, 3-18.1, Contractor's Bid3.18.3, 4.6.3, 4.6.4, 4.6.6, 4.6.11, 5.2, 6.2.1, 6.2.2, 1.1.17.12, 7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1,9.3.1, 9.4.1, Contractor's Construction Schedules9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 3.1010.1.11, 10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1,13.5. 1, Contractor's Employees I13.5.2, 1315.3, 13.5.4 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 416.6; 4.6.10, 8.1.2,10.2,Construction Manager's Relationship with Owner 10.3, 11.1.1, 14.2.1.1212.3, 4.6.1, 4.6.2, 10.1.6 Contractor's Liability Insurance--Construction Manager's Relationship with Other 11.1, 11.3.1.5Contractors and Owner's Own Forces Contractor's Relationship with Other Contractors and4.6.3 Owner's Own ForcesConstruction Manager's Relationship with 3.12.5, 3.14.2, 4.6.3, 4.6.7, 1212.5Subcontractors Contractor's Relationship with Subcontractors4.6.10, 5.3.1, 9.6.3, 9.6.4 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7,Construction Manager's Representations 11.3.8, 14.2.1.29.4.3, 9.5.1 Contractor's Relationship with the ArchitectConstruction Manager's Site Visits 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.3,9.4.4, 9.5.1 3.11.1, 3.12.6, 3.12.8, 3.12.9, 3.16.1, 3.18, 4.6.6;,4.6.7,Construction Schedules, Contractor's 4.6.10, 4.6.12, 4.6.19, 5.2, 6.2.2, 7.3.4, 9.2, 9.3.1, 9.8.2,3.10, 4.6.3, 4.6.4 9.10.3,10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5Contingent Assignment of Subcontracts Contractor's Relationship with the Construction5.4 ManagerContinuing Contract Performance 1.1.2, 3.2.1, 3.2.2,3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.7.4,4.7.4 3.10.1, 3.10.2, 3.10.3, 3.1 1.1, 3-12.5, 3.12.6, 3.12.8,Contract, Definition of 3.12.9, 3.12.11, 3.13.2, 3.14.2, 3.15.2, 3.16.1, 3.17.1,-1.1.2 3.18.1, 3.18.3, 4.6.3, 4.6.4, 4.6.6, 5.2, 6.2.1, 6.2.2,CONTRACT, TERMIINATION OR SUSPENSION 7.1.2, 7.2.1, 7.314, 7.3.6, 7.3.9, 8.311, 9.2.1, 9.3.1> 9.4.1,OF THE 9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3,4.7.7, 5.4.1.1, 14 10.1.1,10.1.2, 10.1.5, 10.2.6, 11.3,7, 12.1, 1315.1,Contract Administration 13.5.2, 13.5.3, 13.5.43.3.3, 4, 9.4, 9.5 Contractor's Representations -

Contract Award and Execution, Conditions Relating to 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.33.7.1, 3.10, 5.2,9.2, 11.1.3, 11.3.6, 11.4.1 Contractor's Responsibility for Those Performing theContract Documents, The Work1.1, 1.2, 7 3.3.2, 3.18, 4.6.6, 10Contract Documents, Copies Furnished and Use of Contractor's Review of Contract Documents1.3, 2.2.5, 5.3 1.2.2, 3.2, 3.7.3Contract Documents, Definition of Contractor's Right to Stop the Work1.1.1 9.7Contract Performance During Arbitration Contractor's Right to Terminate the Contract47.4, 4.9.3 14.1

ALA Do.eot A201/O4r - 1992. Copyrigjht C 1992 by The American Institute cf Architects. All right. reserved. WANING: This AlAt Dumentis protected by U.S. Copyright Law and Inte.nattionl Treaties. Unauthorized reproduction or distribution of this AIA' focucant, er anypertion of it, my result in severe civil end criminal penalties, and will be pr...u. ted to the aoiem extent possible under the la.wThis draft ca. produced by AIA softcare at 10,32:51 cn 10/01/2009 under Ordor No.1000336293 1 which expires an 1/23/2010, ond io not forresale.User Notes: (3220950156)

Contractor's Submittals Delays and Extensions of Time3.10, 3.11, 3.12, 4.6.12, 5.2.1, 5.2.3, 7-3.6, 9.2, 9.3.1, 4.7.1, 4.7.8.1, 4.7.8.2, 6.1.1, 6.2-3, 7.2.1, 7-3.1.3, 7.3.4,9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.4.2 7.3.5, 7.3.8, 7.3-9, 8.1.1, 8.3, 10.3.1, 14.1.1.4Contractor's Superintendent Disputes3.9, 10.2.6 4.7, 4.8, 4.9, 6.2.5, 6.3, 7.3.8, 9.3.1.2

Contractor's Supervision and Construction Procedures Documents and Samples at the Site1.2.4, 3.3, 3.4, 4.6.6, 8.2.2, 8.2.3, 10 3.11Contractual Liability Insurance Drawings, Definition of11.1.1.7, 11.2.1, 11.3.1.5 1.1.5Coordination and Correlation Drawings and Specifications, Use'and Ownership-of--' -'"1.2.2, 1.2.4, 3.3.1, 3.10, 3.12.7, 6.2.1 1.1.1, 1.3, 2.2.5, 3.11, 5.3Copies Furnished of Drawings and Specifications Duty to Review Contract Documents and Field1.3, 2.2.5, 3.11 ConditionsCorrection of Work 3.22.3, 2.4, 3.2.1, 4.6.1, 9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Effective Date of InsuranceCost, Definition of 8.2.2, 11.1.27.3.6 EmergenciesCosts 4.7.7, 10.32.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2., 4.7.6, 4.7.7, 4.7.8.1, Employees, Contractor's5.2.3, 6.1.1, 6.2.3, 6.3.1, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 3.3.2., 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.6.6,;4.6,10,9.10.2, 11.3.1.2,11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.112.2.4, 12.2.5, 13.5, 14 Equipment, Labor, Materials andCutting and Patching 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8 2, 3.12.2, 3.12.3, 3.12.7,3.14, 6.2.6 3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1, 7.3.6, 9.3.2, 9.3.3,Damage to Construction of Owner or Other Contractors 11.3, 12.2.4, 14.1.2, 14.2.1,14.2.23.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, Execution and Progress of the Work12.2.5 1.2.3, 3.4.1, 3.5.1, 4.6.5, 4.6.6, 4.7.4, 4.7.8, 6.2.2, 7.1.3,Damage to the Work 8.2, 8.3, 9.5, 9.9.1, 10.2.3, 10.2.43.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Execution, Correlation and Intent of the ContractDamages, Claims for Documents3.18, 4.6.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 1.2, 3.7.1Damages for Delay Extensions of Time6.1.1, 8.3.3, 9.5.1.6, 9.7 4.7.1, 4.7.8, 7.2.1.3, 8-3, 10.3.1Date of Commencement of the Work, Definition of Failure of Payment by Contractor8.1.2 9.5.1.3, 14.2.1.2Date of Substantial Completion, Definition of Failure of Payment by Owner8.1.3 4.7.7, 9.7, 14.1.3Day, Definition of Faulty Work (See Defective orNonconforming Work)8.1.4 Final Completion and Final PaymentDecisions oftheArchitect 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10, 11.1.2, 11.1.3, 11,3.5,4.6, 4.7, 6.3, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 12.3.1, 13.710.1.2, 13.5.2, 14.2.2, 14.2.4 Financial Arrangements, Owner'sDecisions of the Construction Manager 2.2.14.3, 7.3.6, 7.3.7, 7.3.8, 9.3.1, 9.4.1, 9.4.3, 9.5.1 Fire and Extended Coverage InsuranceDecisions to Withhold Certification 11.3.1.1, 11.3.5, 11.3.79.5, 9.7, 14.1.1.3 GENERAL PROVISIONSDefective or Nonconforming Work, Acceptance, 1Rejection and Correction of Governing Law2.3, 2.4, 3.5.1, 4.6.1, 4.6.10, 4.7.5, 9.5, 9.8.2, 9.9.1, 13.110.2.5, 12, 13.7.1.3 Guarantees (See Warranty and Warranties)Defective Work, Definition of Hazardous Materials3.5.1 10.1, 10.2.4Definitions Identification of Contract Documents1. 1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.2.1, 1.2.147.1, 5 1, 6 11, 2 1, 7 3 1 7-3.6, 8.1, 9.1- 9-W.1 Identification of Subcontractors and Suppliers

5.2.1

AlA Dsunnt A2Ul/Coaa - 1992. Cspyright C 1g92 by The Aoeciooo Institute of Arohitect. All rights reserved. WAdRNIN : This AIXA Documentis protected by U.S. Copyright L-E and Ite.n..tionai Trestics. Unauthorized reproduotien or distribution of thio AIA

5Dcument, or any

portion of it, way r.sul t in se-ere civil and criminal psnalties, snd will be proseouted to the masinos, enteot possible under the lw. (This draft woo produocd by AIA ooftcore ot 10:32:51 on 10/01/2009 under Order 1o.1000386293_1 whir copires on 1/2B/2010, ond is .. L forresole.

User Notes: (3220950156)

Indemnification Liens3.17, 3.18, 9.10.2, 10.1.4,11.3.1.2, 113.7 2.1.2, 4.7.2,4.7.5.1, 8.2.2, 93.3, 9.10-2Information and Services Required of the Owner Limitation on Consolidation or Joinder2.1.2, 2.2, 4.7.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 4.9.59.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Limitations, Statutes ofInjury or Damage to Person or Property 4.9.4.2, 12.2.6, 13.74.7.9 Limitations of AuthorityInspections 3.3.1, 4.6.12, 4.6.17, 5.2.2, 5.2.4, 7.4, 11.3.103.3.3, 3.3.4, 3.7.1, 4.6.5, 4.6.6, 4.6.16, 4.7.6, 9.4.3, Limitations of Liability

9.8.2, 9.9.2, 9.10.1, 12.1.1, 13.5 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12. 8,3.12.l-l,' 3.17, 3.18,Instructions to Bidders 4.6.10, 4.6.12, 4.6.19 6.2.2 9.4.3, 9.6.4, 9.10.4,-0lol,1.1.1 10.2.5, 11.1.2, 11.2.1 11.3.7 13.4.2, 13.5.2Instructions to the Contractor Limitations of Time, General3.8.1, 4.6.13, 5.2.1, 7, 12.1, 13.5.2 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2J 3.10, 3.12.5, 3.15.1,Insurance 4.6.1, 4.6.12, 4.6.18 4.7.2, 4.7.3x4.7.4, 4.7.6,.4.7.9,4.7.9, 6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11 4.6.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4,',7.4, 8.2, 9.2, 9.5,Insurance, Boiler and Machinery 9.6.2, 9.8, 9.10, 11.1.3 11.3.1 11.3.2, 11.3.5, 11.3.6,11.3.2 12.2.1, 12.2.2, 13.5, 13.7, 14.3Insurance, Contractor's Liability Limitations of Time, Specific11.1, 11.3.1.13 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 315.1, 4.6.1, 4.6.18 4.7,Insurance, Effective Date of 4.8, 4.9, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.3.1, 9.3.3, 9.4.1,8.2.2, 11.1.2 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 1 1.3.6, 11.3.10,Insurance, Loss of Use 11.3.11, 12.2.2, 12.2.4, 12.2.6 13.7, 14.1, 14.2.211.3.3 Loss of Use InsuranceInsurance, Owner's Liability 11.3.311.2, 11.3.1.3 Material SuppliersInsurance, Property 1.3.1, 3.12.1, 4.6.7, 4.6.10, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3,10.2.5, 11.3 9.4.3, 9.6.5, 9.10.4 -Insurance, Stored Materials Materials, Hazardous9.3.2, 11.3.1.4 10.1, 10.2.4 .INSURANCE AND BONDS Materials, Labor, Equipment and11 1.1.3, 1.1.6, 3.4.1, 3.5.1, 3.8.2, 3.12.21 3.12.3, 3.12.7,.Insurance Companies, Consent to Partial Occupancy 3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1, 7.3.6, 9.3.2, 9.3.3,9.9.1, 11.3.11 12.2.4, 14.1.2, 14.2.1, 14.2.2Insurance Companies, Settlement with Means, Methods, Techniques, Sequences and11.3.10 Procedures of ConstructionIntent of the Contract Documents 3.3.1, 4.6.6, 4.6.12, 9.4.31.2.3, 3.12.4, 4.6.10, 4.6.12, 4.6.19, 4.6.20, 7.4 Minor Changes in the Work.'Interest 1.1.1, 4.6.13, 4.7.7, 7.1, 7.413.6 MISCELLANEOUS PROVISIONSInterpretation 131.2.5, 1.4, 1.5, 4.1.1, 4.7.1, 5.1, 6.1.2, 8.1.4 Modifications, Definition of iInterpretations, Written 1.1.1 .

4.6.18, 4.6.19, 4.7.7 Modifications to the ContractJoinder and Consolidation of Claims Required 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.6.1-, 5.2.3;-7,-83.1; 9.74.9.5 Mutual ResponsibilityJudgment on Final Award 6.24.9.1,4.9.4.1, 4.9.7 Nonconforming Work, Acceptance ofLabor and Materials, Equipment 12.31.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, Nonconforming Work, Rejection and Correction of3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 2.3.1, 4.7.5.2, 9.5.2, 9.8.2, 12, "13.7.1.312.2.4, 14.1.2, 14.2.1, 14.2.2 NoticeLabor Disputes 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9,8.3.1 3.17, 4.7, 4.8.4, 4.9 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1,Laws and Regulations 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6i 11.1.3, 11.3712.2.2,1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.5, 4.9.7, 9.9.1, 10.2.2, 12.2.4, 13.3, 13.5.1, 13-5.2, 1411.1, 11.3, 13.1, 13.4.1, 13.5.1, 13.5.2, 13.6

AIA Dou ont A201/fMl. - 1892. Copyright C 1992 by The Americcr Institute of Architects. All rights reserved. WARNING: This AlA Dcocm-ntin protctetd by U.S. Copyright Las end International Tr-ties, Unauthorized reproductln or distribution of this AIA Document, or anyportion of it, may result in severe civil and criminal penaltiao, and will be prosecuted to the ma-lioua extent poesible under the lao.This draft was produ-cd by AIA onftwore at 10:32:51 cn 10/U1/2009 under ardor Ns-10003B6293_1 whioh Expires 0n 1/28/2010, and in not for

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Notice, Written Owner's Right to Suspend the Work2.3, 2.4, 3.9, 3.12.8, 3.12.9,4.7, 4.8.4, 4.9, 5.2.1, 5.3, 14.35.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, Owner's Right to Terminate the Contract11.1.3, 11.3, 12.2.2, 12.2.4,13.3, 13.5.2, 14 14.2Notice of Testing and Inspections Ownership and Use of Architect's Drawings,13.5.1, 13.5.2 Specifications and Other DocumentsNotice to Proceed 1.1.1, 1.3, 2.2.5, 5.38.2.2 Partial Occupancy or UseNotices, Permits, Fees and 9.6.6, 9.9,11.3.112.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Patching, Cutting and -

Observations, Architect's On-Site 3.14, 6.2.64.6.5, 4.6.9, 4.6.10, 4.7 6, 9.4.4, 9.5.1, 9.10.1, 12 1.1, Patents, Royalties and13.5 3.17Observations, Construction Manager's On-Site Payment, Applications for9.4.4, 12.1.1 4.6.9, 9.2,9.3, 9.4, 9.5.1, 9.8.3D 9.10.1, 9.10.3, 9.10.4,Observations, Contractor's 14.2.41.2.2, 3.2.2 Payment, Certificates forOccupancy 4.6.9, 4.6.16, 9.3.3, 9.4, 9.5, 96.1, 9.6.6, 9.7 1, 9.8.3,9.6.6, 9.8.1, 9.9, 11.3.11 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4On-Site Inspections by the Architect Payment, Failure of4.6.5, 4.6.16, 4.7.6, 9.4.4, 9.8.2, 9.9.2, 9.10.1 4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2,On-Site Observations by the Architect Payment, Final4.6.5, 4.6.9, 4.7.6, 9.4.4, 9.5.1, 9.10.1, 13.5 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10, 11.1.2., 11.1.3, 11.3.5,On-Site Observations by the Construction Manager 12.3.19.4.4, 9.5.1 Payment Bond, Performance Bond andOrders, Written 7.3.6.4, 9.10.3, 11.3.9, 11.42.3, 3.9,4.7.7,7, 8.2.2, 11.3.9, 12.1,12.2, 13.5.2, Payments, Progress14.3.1 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3Other Contracts and Contractors PAYMENTS AND COMPLETION1.1.4, 3.14.2, 4.6.7, 4.9.5, 6, 11.3.7, 12.1.2, 12.2.5 9, 14OWNER Payments to Subcontractors2 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2Owner, Definition of PCB2.1 10.1.2, 10.1.3, 10.1.4Owner, Information and Services Required of the Performance Bond and Payment Bond2.1.2, 2.2, 4.6.2, 4.6.4, 6,9,10.1.4, 10.1.6, 11.2, 11.3, 7.3.6.4, 9.10.3, 11.3.9, 11.413.5.1, 14.1.1.5, 14.1.3 Permits, Fees and NoticesOwner's Authority 2.2.3, 3.7, 3.13, 7.3.6.4, 10-2.2;-3.8.1, 5.2.1, 5.2.4, 5.4.1, 7.3.1, 8.2.2, 9.3.1, 9.3.2, PERSONS AND PROPERTY, PROTECTION OF11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 10Owner's Financial Capability Polychlorinated Biphenyl I2.2.1, 14.1.1.5 10.1.2, 10.1.3, 10.1.4Owner's Liability Insurance Product Data, Definition of11.2 3.12.2Owner's Loss of Use Insurance Product Data and Samples, Shop Drawings11.3.3 3.11, 3.12, 4.2.7Owner's Relationship with Subcontractors Progress and Completion1.1.2, 5.2.1, 5.4.1, 9.6.4 4.6.5, 4.7.4, 8.2Owner's Right to Carry Out the Work Progress Payments2.4, 12.2.4, 14.2.2.2 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 1316, 14.2.3Owner's Right to Clean Up Project, Definition of the6.3 1.1.4Owner's Right to Perform Construction with Own Project Manual, Definition of theForces and to Award Other Contracts 1.1.76.1 Proiect ManualsOwner's Right to Stop the Work 2.2.52.3, 4.7.7

AIA Docunt A201/gaMl - 1992. Copyright C 1992 by Thc American Institute cf Ar-hilects All right. rcerved. WARNING: This AIAR Documentin proteeted by U.S. Copyright La. and Int.rnoti.nel Treati- U.euthori.ed reproduction or distribution of this ALA

5Dcument, or any

portion of it, -y result in severs civil and criminal penaltie.. and will be p.oseouted to the maxioum estent possible under Lb. la.This draft woo produced by AIA cf .tw..c at 10:32:51 cn 10/01/2009 under Order lao.10003862931 which e-pireo so 1/28/2010 and is not fcr

resole.User Note.: (3220550156)

Project Representatives Separate Contracts and Contractors4.6.17 1.1.4Property Insurance Shop Drawings, Definition of10.2.5, 11.3 3.12.1PROTECTION OF PERSONS AND PROPERTY Shop Drawings, Product Data and Samples10 3.11, 3.12, 4.6.11, 4.6.12, 4.6.15Regulations and Laws Site, Use of1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7, 101.2, 11.1, 11.3, 13.1, 3.13, 6.1.1, 6.2.113.4, 13.5.1, 13.5.2, 13.6, 14 Site InspectionsRejection of Work 11.2, 3.3.4, 4.6.5, 4.6.16, 4.7.6, 9.2.2, 9.t0.1 I 13.53.5.1, 4.6.10, 12.2. Site Visits, Architect'sReleases of Waivers and Liens 4.6-5, 4.6.9, 4.7.6, 9.4, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.59.1012 Special Inspections and TestingRepresentations 4.610, 12.2.1, 13151.2.2, 3.5.1, 3.12.7, 6.2.2, 2.2.1, 9.3.3, 9.4.3, 9.5.1, Specifications, Definition of the9.8.2, 9.10.1 1.1.6Representatives Specifications, The2.1.1, 3.1-1, 3.9, 4.1.1, 4.6.1, 4.6.17, 5.1.1, 5.1.2, 13.2.1 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.11,Resolution of Claims and Disputes Statute of Limitations4.8, 4.9 4.9.4.2, 12.2.6, 13.7 sResponsibility for Those Performing the Work Stopping the Work3.3.2, 4.6.6, 6.2., 10 2.3, 4.7.7, 9.7, 10.1.2, 10.3, 14.1Retainage Stored Materials9.3.1, 9.6.2, 9.2.3, 9.9.1, 9.10.2, 9.10.3 6.2.1, 9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4Review of Contract Documents and Field Subcontractor, Definition ofConditions by Contractor 5.1.11.2.2, 3.2, 3.7.3, 3.12.7 SUBCONTRACTORSReview of Contractor's Submittals by Owner, 5Construction Manager and Architect Subcontractors, Work by3.10.1, 3.10.3, 3.11, 3.12, 4.6.12. 4.6.16, 5.2.1, 5.2.3, 1.2.4, 3.3.2, 3 12.1, 4.6.6, 4.6.10, 5.3, 5.49.2, 9.8a2 Subcontractual RelationsReview of Shop Drawings, Product Data and Samples 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7,by Contractor 11.3.2, 14.1.1, 14.1.3 , 14.2.1.23.12.5 SubmittalsRights and Remedies 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.6.12, 5.2.1, 5.2.3 7.3.61.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.6.10, 4.7.6, 4.9, 5.3, 6.1, 9.2, 9.3.1, 9.2.2, 9.9.1, 9.10.2, 9.10.3,11.136.3, 7.3.1, 2.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12 2.4, Subrogation, Waivers of13.4, 14 6.1.1, 11.3.5, 11.3.7Royalties and Patents Substantial Completion3.17 4.6.16, 2.1.1, 2.1.3, 8.2.3, 9.8,9.9,1, 12.2. 1, 2.2.2,Rules and Notices for Arbitration 13374.9.2 Substantial Completion, Definition ofSafety of Persons and Property 9.8.110.2 Substitution of SubcontractorsSafety Precautions and Programs 5.2.3, 5.2.4 * ^4.6.6, 4.6.12,10.1 Substitution of ArchitectSamples, Definition of 4.43.12.3 Substitution of Construction ManagerSamples, Shop Drawings, Product Data and 4.43.11, 3.12, 4.6.12 Substitutions of MaterialsSamples at the Site, Documents and 3.5.13.11 Sub-subcontractor, Definition ofSchedule of Values 5.1.29.2, 9.3.1 Subsurface ConditionsSchedules, Construction 4.7.63.10 Successors and Assigns

13.2

ALA Docunt A20l1/Cla. - 1992. Copyright C 1992 by The Ameri-an Institute of Architects All right. r..rved R0NIM: This AIAH Documentib protected by Us Copyright L.. nd Internationa1 Treatis. Unuthorized reproduction or distribution of this AIAA Doo nt, or anyportion 0f it, -y resu.t in sever oiviil nd penalties, and will bh pr..eeoted to the caai.um extent possible under the .1W. 9This draft w.e produced by AIA oofrwore at 10:32:51 on ]U/01/2009 under Drder o..1000386293_1 which expirec on 1/28/2010, ond is not forrecole.

eerr Note: (3220950156)

Superintendent UNCOVERING AND CORRECTION OF WORK3.9, 10.2.6 12Supervision and Construction Procedures Uncovering of Work1.2.4, 3.3, 3.4, 4.6.6, 4.7.4, 6-2.4, 7.1.3, 7.3.4, 8.2, 12.18.3.1, 10, 12, 14 Unforeseen ConditionsSurety 4.7.6, 8.3.1, 10.14.8.1, 4.8.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Unit PricesSurety, Consent of 7.1.4, 7.3.3.29.10.2, 9.10.3 Use of DocumentsSurveys 1.1.1, 1.3, 2.2.5, 3.12.7, 5.32.2.2, 3.18.3 Use of SiteSuspension by the Owner for Convenience 3.13, 6.1.1, 6.2.114.3 Values, Schedule ofSuspension of the Work 9.2, 9.3.14.7.7, 5.4.2, 14.1.1.4, 14.3 Waiver of Claims; Final PaymentSuspension or Termination of the Contract 4.7.5, 4.9.1, 9.10.34.7.7, 5.4.1.1, 14 Waiver of Claims by the ArchitectTaxes 13.4.23.6, 7.3.6.4 Waiver of Claims by the ContractorTermination by the Contractor 9.10.4, 11.3.7, 13.4.214.1 Waiver of Claims by the OwnerTermination by the Owner for Cause 4.7.5, 4.9.1, 9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.25.4.1.1, 14.2 Waiver of LiensTermination of the Architect 9.10.24.4 Waivers of SubrogationTermination of the Construction Manager 6.1.1, 11.3.5, 11.3.74.4 Warranty and WarrantiesTermination of the Contractor 3.5, 4.6.16, 4.7.5, 9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.314.2.2 Weather DelaysTERMINATION OR SUSPENSION OF THE 4.7.8.2CONTRACT When Arbitration May Be Demanded14 4.9.4Tests and Inspections Work, Definition of3.3.3, 4.6.10, 4.6.16, 9.4.3, 12.2.1, 13.5 1.1.3TIME Written Consent8 1.3.1, 3.12.8, 3.14.2, 4.7.4, 4.9.5, 9.3.2, 9.8.2, 9.9.1,Time, Delays andExtensions of 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11,4.7.8, 7.2.1, 8.3 13.2, 13.4.2Time Limits, Specific Written Interpretations2.1.2, 2.2.1, 2.4, 3.10, 4.6.18, 4.7, 4.8.1, 4.8.3, 4.8.4, 4.6.18, 4.6.19, 4.7.74.9.1, 4.9.4.1, 4.9.4.2, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, Written Notice9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.7.1, 4.7.6, 4.7.9, 4.8.4,11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 4.9.4.1, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10,Time Limits on Claims 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2,4.7.2, 4.7.3, 4.7.6, 4.7.9, 4.8, 4.9 14Title to Work Written Orders9.3.2, 9.3.3 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1

AlIA Doonmnnt A201/CMla - 1992 Copyright e 1992 by The American Institute of Architocts All rights res-rved. WNINr: Thie AWA' Docue-ntis protected by U.5t Copyright Law end Internationl. Treatise. Unauthrized reproduction or distribution of this AIA' Document, or anyportion of it, nay result in sevr civil end criminal peneite, and will bh procecui.d to the eaXina sars- t poosiblo under the lo. 10Thic droft 0as ptcduced by AIA softwuro or 20:32:51 cc 11/01/2009 undor Order Nc.10003862931 which .opires or 1/28/2010, and ic not forresole.User Note. (3220950156)

ARTICLE 1 GENERAL PROVISIONS51.1 BASIC DEFINITIONS§1.1.1 THE CONTRACT DOCUMENTSThe Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement),Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addendaissued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued afterexecution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) aChange Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued bythe Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include otherdocuments such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample f6rms,the Contractor's bid 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 integratedagreement between the parties hereto and supersedes prior negotiations, representations or agreements, either writtenor oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not beconstrued to create a contractual relationship of any kind (I) between the Architect and Contractor, (2) between theConstruction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between the Ownerand a Subcontractor or Sub-subcontractor or (5) between any persons or entities other than the Owner andContractor. The Construction Manager and Architect shall, however, be entitled to perforrR'ance and enfoicemrient ofobligations under the Contract intended to facilitate performance of their duties.

*§.1.3 THE WORKThe term "Work" means the construction and services required by the Contract Documents, whether completed orpartially completed, and includes all other labor, materials, equipment and services provided or to be provided bythe 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 wholeor a part and which may include construction by other Contractors and by the Owner's own forces including personsor entities under separate contracts not administered by the Construction Manager.

§1.1.5 THE DRAWINGSThe Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and wheneverissued, 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, construction systems, standards and workmanship for the Work, and performance of related services.

§1.1.7 THE PROJECT MANUALThe Project Manual is the volume usually assembled for the Work which may include the bidding requiremients,sample forms, Conditions of the Contract and Specifications.

§ 1.2 EXECUTION, CORRELATION AND INTENT§ 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If eitherthe Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsignedDocuments upon request.

§ 1.2.2 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 personalobservations with requirements of the Contract Documents. I,

§ 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution andcompletion 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

AIA Dooo-et A2UlI/CM- - 1992. Copyright e 1992 by The Amorinan institute of Architets All righ. re.rvd. WOANING: Thie AIA0

Dorwomntis proteoted by U.DS Copyright Law and International Treatie.. Uneuthoirei rapr-duotion or distribution of this AIAs foeau.nt, or anyportion of it, -y result in se.re. civil and crimina1 penaltia., and will b. prosesuted to the maaimum .. tent posoible under the la..This draft was pradured by AIA softwaro at 10U32:51 on 10/D1/2009 under Order H.I1OOD386293 1 which expires or 1/28/201U, and is not f-rresale.User Notes (3220950156)

consistent with the Contract Documents and reasonably inferable from them as being necessary to produce theintended results.

§ 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall notcontrol the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to beperformed by any trade.

§ 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or constructionindustry meanings are used in the Contract Documents in accordance with such recognizedimeanings.

51.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS-§ 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of theArchitect's service through which the Work to be executed by the Contractor is described. The Contractor may retainone contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipmentsupplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by theArchitect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain allcommon law, statutory and other reserved rights, in addition to the copyright. All copies of them, except theContractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion ofthe Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereoffurnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractoror any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to thisProject outside the scope of the Work without the specific written consent of the Owner and Architect. TheContractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license touse and reproduce applicable portions of the Drawings, Specifications and other documents prepared by theArchitect appropriate to and for use in the execution of their Work under the Contract Documents. All copies madeunder this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and otherdocuments prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for otherpurposes in connection with this Project is not to be construed as publication in derogation of the Architect'scopyright or other reserved rights.

51.4 CAPITALIZATION§ 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titlesof numbered articles or (3) the titles of other documents published by the American Institute of Architects.

§ 1.5 INTERPRETATION§ 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any"and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appearsin another is not intended to affect the interpretation of either statement.

ARTICLE 2 OWNER§ 2.1 DEFINITION§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout theContract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorizedrepresentative.

§ 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which isnecessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Suchinformation 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 at the time of execution of the Agreement and, withinfive days after any change, information of such change in title, recorded or unrecorded.

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER§ 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly fromtime to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made tofulfill the Owner's obligations under the Contract.[Note. Unless such reasonable evidence were firnished on request prior to the execution of theAgreement, theprospective contractor would n7ot be required to execute the Agreenmel7n or to commence the Work.]

AIA Document A20l/CMOa - 1992. Copyright e 1992 by The American I-tituLe of Architocto. All rights reserve. WARNING: This AIA' Documentis pretested by U.S. Copyright LMw end IntErti.etlnel Tre.ties, nauthoried reproduction or distribution of this Al' Dooumoent, or sny 12portion of it, may result in never. civil end criminal penalties, end will be prosecuted to the maximum extent possible undar [he lao,This draft was produ-ed by AIA ooftware ot 10:32:51 so 10/01/2003 under Order 1o.10003BE293_1 whish expiros on 1/28/2010, and is sot fetresole.User Notes: (3220950156)

§ 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations forthe site of the Project, and a legal description of the site

§ 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, theOwner 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. Unless otherwise providedunder the Contract Documents, the Owner, through the Construction Manager, shall secure.-and pay for the buildingpermit.

§ 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable,-promptness to avoid delay in orderly progress of the Work.

2 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, suchcopies of Drawings and Project Manuals as are reasonably necessary for execution of the Work.

5 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shallcontemporaneously provide the same communications to the Architect.

§ 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein andespecially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments andCompletion) and Article II (Insurance and Bonds).

§ Z.3 OWNER'S RIGHT TO STOP THE WORK5 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the ContractDocuments as required by Section 12.2 or persistently fails to carry out Work in accordance with the ContractDocuments, the Owner, by written order signed personally or by an agent specifically so empowered by the Ownerin writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has beeneliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Ownerloexercise this right for the benefit of the Contractor or any other person or entity.

§ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK§ 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents andfails within a seven-day period after receipt of written notice from the Owner to commence and continue correctionof such default or neglect with diligence and promptness, the Owner may after such seven-day period give theContractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractorwithin such second seven-day period after receipt of such second notice fails to commence and continue to correct,any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, 'correet such 'deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafterdue the Contractor the cost of correcting such deficiencies, including compensation for the Construction Manager'sand Architect's and their respective consultants' additional services and expenses made necessary by such default,neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to priorapproval of the Architect, after consultation with the Construction Manager. If payments then or thereafter due theContractor are not sufficient to cover such amounts, the Contractor shall pay the differenceto the Owner.

ARTICLE 3 CONTRACTOR§ 3.1 DEFINITION5 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout thisAgreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorizedrepresentative.

§ 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of theContract that are administered by the Construction Manager, and that are identical or substantially similar to theseConditions.

AIA Doo-st A2Ul/fl.a - 1992. Copyright 12992 by Th. American Institute of Architocto. All right rs-rvd. WARNING: This AIA' Dooontis protected by U.S. Copyright Law ed International Ireati.s. tin.thorir-d raprduotlon or distribution of this AIA' Docweot, or anyportion of it, ay result in saver. civil and oriadoel penaltie, and will be prosecuted to tha -asii Extent possibls under the law. 13This draft was produc-d by AIA softwtro at 10:32:51 on 10/01/2009 unodr Order W..1000326293 I which o.pirs. on 1/28/2010, and is nDt forresale.Uaser Notes: (3222c9515 tj

§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR§ 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and withinformation furnished by the Owner pursuant to Section 2.2.2 and shall at once report to the Construction Managerand Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner,Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the ContractDocuments unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report itto the Construction Manager and Architect. If the Contractor performs any construction activity knowing it involvesa recognized error, inconsistency or omission in the Contract Documents without such notice to the ConstructionManager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bearan appropriate amount of the attributable costs for correction.

§ 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare suchfield measurements and conditions and other information known to the Contractor with the Contract Documentsbefore commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the ConstructionManager and Architect at once.

§ 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approvedpursuant to Section 3.12.

§ 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. ' TheContractor shall be solely responsible for and have control over construction means, methods, techniques, sequencesand procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination ofthe Construction Manager as provided in Sections 4.6.3 and 4.6.4.

§ 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 performing portions of the Work under a contractwith the Contractor.

§ 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with.the ContractDocuments either by activities or duties of the Construction Manager or Architect in their administration of theContract, or by tests, inspections or approvals required or performed by persons other than the Contractor.

§ 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine thatsuch 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 otherfacilities and services necessary for proper execution and completion of the Work, whether temporary or permanentand whether or not incorporated or to be incorporated in the Work.

§ 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and otherpersons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons notskilled in tasks assigned to them.

§ 3.5 WARRANTY§ 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that materials and equipmentfurnished under the Contract will be of good quality and new unless otherwise required or permitted by the ContractDocuments, that the Work will be free from defects not inherent in the quality required or permitted, and that theWork will conform with the requirements of the Contract Documents. Work not conforming to these requirements,including substitutions not properly approved and authorized, may be considered defective. The Contractor'swarranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor,improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If requiredby the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind andquality of materials and equipment.

AIA DrLeent A201JCHa. - 19i2. Copyright 1 1992 by The A-eri-ca In-LjLute cf Ar-hotects All rights resrved. WAlNING: This AlAS Dfouonentis protected by US. Cepyright Law end Internetional Tre.tis. Unauthoriz-d reproduction or distribution of this AIA Document, or any 14portion of it, ry result in severe civil and criinal penalties, and will be prosecuted to the saoiium extent pceoible under the law.This draft was produced by AIA software at 1032:51 on 10/01/2009 under Order NoIUU3J6293_1 which cxpires an 1/2/1210, and is not forresale,User Note: (32209501561

§ 3.6 TAXES§ 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided bythe Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yeteffective or merely scheduled to go into effect.

§ 3.7 PERMITS, FEES AND NOTICES§ 3.7.1 Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permitand the Contractor shall secure and pay for all other permits and governmental fees, licenses and inspectionsnecessary for proper execution and completion of the Work which are customarily secured after execution of theContract and which are legally required when bids are received or negotiations concluded.

§ 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules and regulations andlawful orders of public authorities bearing on performance of the Work. I

3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance withapplicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observesthat portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify theConstruction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by apropriateModification.

§ 3.7.4 If the Contractor performs Work kmowing it to be contrary to laws, statutes, ordinances, building codes, andrules and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shallassume full responsibility for such Work and shall bear the attributable costs.

§ 3.8 ALLOWANCES5 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Itemscovered 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 against which the Contractor makes reasonable.-objection.

§ 3.8.2 Unless otherwise provided in the Contract Documents: I -..1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay

in the Work;.2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and

all required taxes, less applicable trade discounts;.3 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 andnot in the allowances;

.4 whenever costs are more than or less than allowances, the Contract Sum shall be adjustediaceordinglyby Change Order. The amount of the Change Order shall reflect (l) the difference between actualcosts and the allowances under Section 3.8.2.2 and (2) changes in Contractor's costs under Section3.8.2.3.

§ 3.9 SUPERINTENDENT§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendanceat 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. Importantcommunications shall be confirmed in writing. Other communications shall be similarly confirmed on written-request in each case.

§ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's andArchitect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work.Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriateintervals as required by the conditions of the Work and Project, shall be related to the entire Project constructionschedule to the extent required by the Contract Documents, and shall provide for expeditious and practicableexecution of the Work.

AlIA Document A201/Cfl- - 1992. Copyright e 1992 by The American Institute of Architects. JAl right. -d. KARNINr: This AlA0

DAouAntis pretested by US. Copyright Law end Inter.sti.n.l Treaties. Unuthrizsd reproduction or distribution of this AlA' Doeuaeet, orexayportion of it, ay result in sever. civil and criminal penalties, and will b. prosecuted to the eai-n ent possible under the l...This draft woo produced by AIA software at 10:32:51 en 10/01/2009 under crder 1a.1000386293 1 which expires an 1/2E/2010, and is not forresle.User Notes (3220950156)

§ 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing theContractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the constructionor operations of the Owner's own forces.

§ 3.10.3 The Contractor shall prepare and keep current, for the Construction Manager's and Architect's approval, aschedule of submittals which is coordinated with the Contractor's Construction Schedule and allows theConstruction Manager and Architect reasonable time to review submittals.

§ 3.10.4 The Contractor shall conform to the most recent schedules.

§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE§ 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications,addenda, Change Orders and other Modifications, in good order and marked currently to record changes andselections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similarrequired submittals. These shall be available to the Construction Manager and Architect and shall be delivered to theConstruction Manager for submittal to the Owner upon completion of the Work.

§ 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 theContractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion ofthe Work.

§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams andother information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

§ 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establishstandards by which the Work will be judged.

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose oftheir submittal is to demonstrate for those portions of the Work for which submittals are required the way theContractor proposes to conform to the information given and the design concept expressed in the ContractDocuments. Review by the Architect is subject to the limitations of Section 4.6.12.

§ 3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in accordance with theschedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similarsubmittals required by the Contract Documents. The Contractor shall cooperate with the Construction Manager inthe coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with relateddocuments submitted by other Contractors. Submittals made by the Contractor which are not required by theContract Documents may be returned without action.

§ 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings,Product Data, Samples or similar submittals until the respective submittal has been approved by the ConstructionManager and Architect. Such Work shall be in accordance with approved submittals.

§ 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractorrepresents that the Contractor has determined and verified materials, field measurements and field constructioncriteria related thereto, or will do so, and has checked and coordinated the information contained within such -

submittals with the requirements of the Work and of the Contract Documents.

§ 3.12.3 The Contractor shall not be relieved of responsibility for deviations from requirements of the ContractDocuments by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples orsimilar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writingof such deviation at the time of submittal and the Construction Manager and Architect have given written approvalto the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in ShopDrawings, Product Data. Samples or similar submittals by the Construction Manager's and Architetfs approvalthereof.

AIA Do.u.-nt A201/C4aw - 1992. copyright c 1992 by Tho Amoricao lootituto of Ar-hitnLo. A11 rights reserved WANING: This AIA" Dccumeontis prot-sted by Us5 Copyright L.a and Interoetion.1 Treatice. Unau.thrized r.production or distribution of this AIA' D-cuoent, or anyportion of it, nay resuIt in oevere oyiil ond crimina penalties, snd will be pro.seuted to the -aaimou extent possibls undsr the law. 16This draft woo produc-d by AIA cofroore ot 10:32:51 on 10/01/2009 undr Order WL.l00336293J1 which oxpires on 1/2E/2010, and in not for

User Notes: (3220950156)

§ 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 Construction Manager and Architect onprevious submittals.

§ 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to takeresponsive action may be so identified in the Contract Documents.

§ 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required bythe Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy andcompleteness of such calculations and certifications.

§ 3.13 USE OF SITE§ 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and theContract Documents and shall not unreasonably encumber the site with materials or equipmnent.

§ 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, theConstruction Manager before using any portion of the site.

§ 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 makeits parts fit together properly. -

§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completedconstruction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise alteringsuch construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by theOwner's own forces except with written consent of the Construction Manager, Owner and such other Contractors;such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the otherContractors or the Owner 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 from andabout the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplusmaterials.

§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may doso with the Owner's approval and the cost thereof shall be charged to the Contractor.

§ 3.16 ACCESS TO WORK§ 3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to the Work inpreparation and progress wherever located.

§ 3.17 ROYALTIES AND PATENTS --

§ 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defendisuits or claims forinfringement of patent rights and shall hold the Owner, Construction Manager 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 ofa particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor hasreason to believe that the required design, process or product is an infringement of a patent, the Contractor shall beresponsible for such loss unless such information is promptly furnished to the Architect.

§ 3.10 INDEMNIFICATION§ 3.1 0.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner,Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees ofany 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 isattributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other thanthe Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by

AIl Duo.ant A2Ul/CIe' - 1992 Copyright C 1992 by The American Institute of Architects. All rights resered. WARNING: This AlA' Documentis protected by VS. Copyright Law ed Internaionel Treaties. Unauthoriz-d reproduotioc or distribution of this AIA' Document, or anyportion of it, ay resolt in severs civil and criminal pnaltiso, and will be poosecoted to the maxio extant possible under the lw. 17This draft cac produced by AIA software ot 10:32:51 .c 10/01/2009 under Order No.1000386293 1 which expires on 1/28/2010, ond is set ferresole.Usr Notes; 1322D950156)

negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them oranyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense iscaused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduceother rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section3.18.

§ 3.1 8.2 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, theindemnification obligation under this Section 3.18 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 aacts - i

disability benefit acts or other employee benefit acts.

§ 3.10.3 The obligations of the Contractor under this Section 3.18 shall not extend to the liability of the ConstructionManager, Architect, their consultants, and agents and employees of any of them arising out: of (1) the preparation orapproval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the givingof or the failure to give directions or instructions by the Construction Manager, Architect, their consultants, andagents and employees of any of them provided such giving or failure to give is the primary cause of the injury ordamage.

ARTICLE 4 ADMINISTRATION OF THE CONTRACT5 4.1 ARCHITECT5 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicingarchitecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singularin number. The term "Architect" means the Architect or the Architect's authorized representative.

5 4.2 CONSTRUCTION MANAGER§ 4.2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred tothroughout the Contract Documents as if singular in number. The term "Construction Manager" means theConstruction Manager or the Construction Manager's authorized representative.

§ 4.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth inthe Contract Documents shall not be restricted, modified or extended without written consent of the Owner,Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld.

§ 4.4 In case of termination of employment of the Construction Manager or Architect, the Owner shall appoint aconstruction manager or architect against whom the Contractor makes no reasonable objection and whose statusunder the Contract Documents shall be that of the former construction manager or architect, respectively.

5 4.5 Disputes arising under Sections 4.3 and 4.4 shall be subject to arbitration.

5 4.6 ADMINISTRATION OF THE CONTRACT§ 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in theContract Documents, and will be the Owner's representatives (I) during construction, (2) until final payment is dueand (3) with the Owner's concurrence, from time to time during the correction period described in Section 12.2. TheConstruction Manager and Architect will advise and consult with the Owner and will have authority to act on behalfof the Owner only to the extent provided in the Contract Documents, unless otherwise modified by writteninstrument in accordance with other provisions of the Contract.

§ 4.6.2 The Construction Manager will determine in general that the Work is being performed in accordance with therequirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and willendeavor to guard the Owner against defects and deficiencies in the Work.

§ 4.6.3 The Construction Manager will provide for coordination of the activities of other Contractors and of theOwner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shallparticipate with other Contractors and the Construction Manager and Owner in reviewing their constructionschedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed

ASK Documnt AMul/cMea - 1992. Copyright C 1992 by The Am-erica Incttutr of Architects All rights resrved. WARNING: This AIA Documntis protected by U.S. Copyright Lag end Intern.tional Treeties. .nsuthorired reproduction or distribution of this AIA Document, or anyportion of it, may result in severe civil end cri.minl penalties, end will be prosecuted to the marim extent poesible under the law.This drott coo produced by AIA coftuare ot 10:32251 on l/01/2009 under Order No.1000386293_1 which expiro on 12/2010, ond ic not forreosaeUser Note.: 13220950156)

necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to beused by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised.

§ 4.6.4 The Construction Manager will schedule and coordinate the activities of the Contractors in accordance withthe latest approved Project construction schedule.

§ 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become generallyfamiliar with the progress and quality of the completed Work and to determine in general if the Work is beingperformed in a manner indicating that the Work, when completed, will be in accordance with the ContractDocuments. However, the Architect will not be required to make exhaustive or continuous on-site inisnptin-stocheck quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keepthe Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficienciesin the Work.

§ 4.6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Architect will not have controlover 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 as provided in Section 3.3, and neither will be responsible for the Contractor's failure to carry out theWork in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will havecontrol over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents oremployees, or of any other persons performing portions of the Work.

§ 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract .Documents or when direct communications have been specially authorized, the Owner and Contractor shallcommunicate through the Construction Manager, and shall contemporaneously provide the same communications tothe Architect. 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 other Contractors shall be through the Construction Manager and shall becontemporaneously provided to the Architect.

§ 4.6.8 The Construction Manager will review and certify all Applications for Payment by the Contractor, includingfinal payment. The Construction Manager will assemble each of the Contractor's Applications for Payment withsimilar Applications from other Contractors into a Project Application and Project Certificate for Payment. Afterreviewing and certifying the amounts due the Contractors, the Construction Manager will submit the ProjectApplication and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificatesfor Payment, to the Architect.

§ 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications fQr Payment, and the .certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractorsand will issue a Project Certificate for Payment.

§ 4.6.10 The Architect will have authority to reject Work which does not conform to the Contract Documents, and torequire additional inspection or testing, in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work isfabricated, installed or completed, but will take such action only after notifying the Construction Manager. Subjectto review by the Architect, the Construction Manager will have the authority to reject Work which does not conformto the Contract Documents. Whenever the Construction Manager considers it necessary or advisable forimplementation of the intent of the Contract Documents, the Construction Manager will have authority to requireadditional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not suchWork is fabricated, installed or completed. The foregoing authority of the Construction Manager will be subject tothe provisions of Sections 4.6.1'8 through 4.6.20 inclusive, with respect to interpretations and decisions of theArchitect. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.6.10nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give riseto a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, materialand equipment suppliers, their agents or employees, or other persons performing any of the Work.

§ 4.6.11 The Construction Manager will receive from the Contractor and review and approve all Shop Drawings,Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the

AIA Documont A201/CHae - 1992. Copyri;ht C 1992 by Thc American institute of Architocto. All rights reserved WAING: This AWA' Documentis protectod by DO s opyright law and Int.rnati.oal Treatise, nauthorized reproduction or distribution of this AIA' Dloumnt, or soypartion of it, My r.sult in severe civil end erainal penalties, and will be prosecuted to the maximum extant possible under the lao. 19This draft was produced by AlA ooftworo at 10:32:51 on 10/01/2009 undor Ordor N-o10003062931 which expires on 1/28/2010, and io not forresale.User Notes (3220950156]

Architect those recommended for approval. The Construction Manager's actions will be taken with such reasonablepromptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors, the Owner, orthe Architect.

§ 4.6.12 The Architect will review and approve or take other appropriate action upon the Contractor's submittals suchas Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance withinformation given and the design concept expressed in the Contract Documents. The Architect's action will be takenwith such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of the otherContractors, the Owner, or the Construction Manager, while allowing sufficient time in theArchitect's professionaljudgment to permit adequate review. Review of such submittals is not conducted for the purposehof deteirining theaccuracy 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 asrequired by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve theContractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approvalof 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 anassembly of which the item is a component.

§ 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives.

§ 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on ChangeOrders or Construction Change Directives in accordance with Article 7 and will have authority to order minorchanges in the Work as provided in Section 7.4.

5 4.6.15 The Construction Manager will maintain at the site for the Owner one record copy of all Contracts,Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently torecord all changes and selections made during construction, and in addition approved Shop Drawings, Product Data,Samples and similar required submittals. These will be available to the Architect and the Contractor, and will bedelivered to the Owner upon completion of the Project.

§ 4.6.16 The Construction Manager will assist the Architect in conducting inspections to determine the dates ofSubstantial Completion and final completion, and will receive and forward to the Architect written warranties andrelated documents required by the Contract and assembled by the Contractor. The Construction Manager willforward to the Architect a final Project Application and Project Certificate for Payment upon compliance with the .requirements of the Contract Documents.

§ 4.6.17 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist incarrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority ofsuch project representatives shall be as set forth in an exhibit to be incorporated in the ContractDocuments.

5 4.6.16 The Architect will interpret and decide matters concerning performance under and requirements of theContract Documents on written request of the Construction Manager, Owner or Contractor' The Architect's responseto such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreementis made concerning the time within which interpretations required of the Architect shall be fbrnished in compliancewith this Section 4.6, then delay shall not be recognized on account of failure by the Architect to furnish such - -interpretations until 15 days after written request is made for them.

§ 4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferablefrom the Contract Documents and will be in writing or in the form of drawings. When making such interpretationsand decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will notshow partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith.

§ 4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intentexpressed in the Contract Documents.

AIA Doeumant A201/CMa4

- 1992. Copyright e 1992 by The American Institute of Architects All right. r-erved, WAPNIW: Thia AIAr Documentis protected by US. Copyright Law and International Treotie. Unauthorized reproduction or diatribution of this AIA Doum-nt, or anyportion of it, may rasuIt in sars civil and orlainal psnalta.. end will be prosecuted to the maximum Hexent possible under the lax, 20This droft woo produ-ed by AlA .oftoore at 10:32:51 an 10/01/2009 under Order No.100036293_1 which oopires on 1/28/2010, and is not forresole5Deer Notea: 12220950156]

§ 4.7 CLAIMS AND DISPUTES§ 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment orinterpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of theContract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractorarising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiateClaims shall rest with the party making the Claim.

§ 4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager orArchitect, shall be referred initially to the Architect for action as provided in Section 4.8. A decision by theArchitect, as provided in Section 4.8.4, shall be required as a condition precedent to arbitration or litigation of aClaim between the Contractor and Owner as to all such matters arising prior to the date final payment is dues^ --regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which theWork has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent toarbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architecthas not receivedevidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take actionrequired under Section 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim hasbeen referred to the Architect or (5) the Claim relates to a mechanic's lien. .

§ 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the eventgiving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim hasbeen implemented by Change Order will not be considered unless submitted in a timely manner.

§ 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim including arbitration, unless otherwiseagreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shallcontinue to make payments in accordance with the Contract Documents.

§ 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by theOwner 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.

§ 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the ContractDocuments or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarilyfound to exist and generally recognized as inherent in construction activities of the character provided for in theContract Documents, then notice by the observing party shall be given to the other party promptly before conditionsare disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptlyinvestigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's costof, or time required for, performance of any part of the Work, will recommend an equitable adjustment in theContract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materiallydifferent from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party inopposition to such determination must be made within 21 days after the Architect has given notice of the decision. Ifthe Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shallbe referred to the Architect for initial determination, subject to further proceedings pursuant to Section 4.M.

§ 4.7.7 Claims for Additional Cost. If the Contractor wishes to make 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 requiredfor Claims relating to an emergency endangering life or property arising under Section 10.3. If the Contractorbelieves additional cost is involved for reasons including but not limited to (1) a written interpretation from theArchitect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for aminor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of theContract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordancewith the procedure established herein.

AIA Douent A2D1/CHaw - 1992. Copyright C 159Z by The Am-rican Institute of Architcctr All righte rs-erved. NARNINC: Thie AIA Documentis protected by U.S. Copyright Leo nd International Trestie. Unauthorized reproduction or distribution of this AILA Document, r coyportion of it, nay result in severe jivil and cr-etnal penftite, end will be prosecuted to the Maxinue extent possible under the law. 21This droft was produced by AIA software ot 10,32:51 on 0/01/2009 undcr ordor No.10003862931 which cxpiros on 1/28/2010, cod is not forresale.ieer Notes: (3220950156)

§ 4.7.8 Claims for Additional Time.

§ 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as providedherein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay onprogress of the Work. In the case of a continuing delay only one Claim is necessary.

§ 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documentedby data substantiating that weather conditions were abnormal for the period of time and could not have beenreasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction.

§ 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person orproperty because of an act or omission of the other party, of any of the other party's employees or agents, or ofothers for whose acts such party is legally liable, 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 first observance. The noticeshall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or timerelated to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 or 4.7.8,

§ 4.8 RESOLUTION OF CLAIMS AND DISPUTES§ 4.8.1 The Architect will review Claims and take one or more of the following preliminary; actions within ten daysof receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the partiesindicating when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasons forrejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect mayalso, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim.

§ 4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation.

§ 4.B.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect'spreliminary response, take one or more of the following actions: (1) submit additional supporting data' requested bythe Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands.

§ 4.B.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by theparties or requested by the Architect, the Architect will notify the parties in writing that the ArchitecVs decision willbe made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Uponexpiration of such time period, the Architect will render to the parties the Architect's written decision relative to the,Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears tobe a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request thesurety's assistance in resolving the controversy.

§ 4.9 ARBITRATION§ 4.9.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to theContract, or the breach thereof, shall be settled by arbitration in accordance with the Construction IndustryArbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitratoror arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating toaesthetic effect and except those waived as provided for in Section 4.7.5. Such controversies or Claims upon whichthe Architect has given notice and rendered a decision as provided in Section 4.8.4 shall be'subjeet to arbitrationupon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim hasbeen referred to the Architect as provided in Section 4.7 and no decision has been rendered.

§ 4.9.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Seetion 4.8shall, if subject to arbitration under Section 4.9.1, be decided by arbitration in accordance with the ConstructionIndustry Arbitration Rules of the American Arbitration Association currently in effect, unless the parties mutuallyagree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreementbetween the Owner and Contractor and with the American Arbitration Association, and copies shall be filed with theConstruction Manager and Architect.

§ 4.9.3 Contract Performance During Arbitration. During arbitration proceedings, the Owner and Contractor shallcomply with Section 4.7.4.

AIA DUsusent A2111/CMl - 1992. Copyright D 1992 by Ths Amorican Institute of Architects. All righte resered. WARNING: Thie AlA Dsacusentis protested by U-S. Copyright Leo -nd Internatinal Treaties. Uneuthorised r-prodwotion or distribution of this AIA Duomost, or anyportion of it, oy result in severe sivil end crisinsl penaltie., end will be prosesuted to the ,sxi.sm ashent possible under the l.. 22This draft wao produced by AIA softwore at 10i32:51 on 10/01/2009 onder Order No.1000396293_1 which sopirso 0n 1/28/2010, and io not forrsale.User Not.- (3220950156)

§ 4.9.4 When Arbitration May Be Demanded. Demand for arbitration of any Claim may not be made until the earlierof (1) the date on which the Architect has rendered a final written decision on the Claim, (2) the tenth day after theparties have presented evidence to the Architect or have been given reasonable opportunity to do so, if the Architecthas not rendered a final written decision by that date, or (3) any of the five events described in Section 4.7.2.

§ 4.9.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2)a demand for arbitration of a Claim covered by such decision must be made within 30 days.after the date on whichthe party making the demand receives the final written decision, then failure to demand arbitration within said 30days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. Ifthe Architect renders a decision after arbitration proceedings have been initiated, such decision may-be entered as -

evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned.

§ 4.9.4.2 A demand for arbitration shall be made within the time limits specified in Section! 4.9.1 and 4.9.4 andSection 4.9.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no eventshall it be made after the date when institution of legal or equitable proceedings based on such Claim would bebarred by the applicable statute of limitations as determined pursuant to Section 13.7.

§ 4.9.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documentsshall include, by consolidation or joinder or in any other manner, the Construction Manager, the Architect, or theConstruction Manager's or Architect's employees or consultants, except by written consent containing specificreference to the Agreement and signed by the Construction Manager, Architect, Owner, Contractor and any otherperson or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner,parties other than the Owner, Contractor, other Contractors as described in Article 6 and other persons substantiallyinvolved in a common question of fact or law whose presence is required if complete relief is to be accorded inarbitration. No persons or entities other than the Owner, Contractor or other Contractors as defined in Section 3.1.2shall be included as an original third party or additional third party to an arbitration whose interest or responsibilityis insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to.arbitration of a dispute not described therein or with a person or entity not named or described therein. Theforegoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consentedto by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdictionthereof.

§ 4.9.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert inthe demand all Claims then known to that party on which arbitration is permitted to be demanded. When a party failsto include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or beenacquired subsequently, the arbitrator or arbitrators may permit amendment.

§ 4.9.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgmentmay be entered upon it in accordance with applicable law in any court having jurisdiction thereof

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 theWork 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 other Contractors or subcontractors of other Contractors.

§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor toperform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the ContractDocuments 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 aspracticable after award of the Contract, shall furnish in writing to the Construction Manager for review by theOwner, Construction Manager and Architect the names of persons or entities (including those who are to furnish

AIA Douant A20i/fMla - 1992. Copyright C 1992 by The American Institute of Architcts. All right. reseoved WARNING: This AIA' losuent

is protected by U.S_ Cupyright La. and Intern.tion.l Treaties. Unauthorized rproduction or distribution of this AZAa Doocuent, or coyportion of it, my result in severe civil .nd criminal penalties, end will be prosecuted to the mnazcmm extent possible under the law. 23This draft was produced by AIA software at 10:32:51 on 10/01/2009 under Order N.o10O0396293 1 uhich expires on 1/2E/2010, and is not forresale.User Notes: 3220950156)

materials or equipment fabricated to a special design) proposed for each principal portion of the Work. TheConstruction Manager will promptly reply to the Contractor in writing stating whether or not the Owner,Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person orentity. Failure of the Construction Manager to reply promptly 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, ConstructionManager or Architect has made reasonable and timely objection. The Contractor shall not be required to contractwith anyone to whom the Contractor has made reasonable objection.

§ 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity pr6o&pod bys~ ~e-~the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has noreasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by suchchange and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowedfor such change unless the Contractor has acted promptly and responsively in submitting names as required.

§ 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner,Construction Manager or Architect makes reasonable objection to such change. t

§ 5.3 SUBCONTRACTUAL RELATIONS§ 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require eachSubcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor byterms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities whichthe Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Eachsubcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect underthe Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontractingthereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise inthe 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 eachSubcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to eachproposed 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 Subcontractorterms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents.Subcontractors shall similarly make copies of applicable portions of such documents available to their respectiveproposed 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 providedthat:

.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant toSection 14.2 and only for those subcontract agreements which the Owner accepts by notifying theSubcontractor in writing; and

.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to theContract.

§ 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitablyadjusted.

ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS§ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER CONTRACTS§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner'sown forces, which include persons or entities under separate contracts not administered by the ConstructionManager. The Owner further reserves the right to award other contracts in connection with other portions of theProject or other construction or operations on the site under Conditions of the Contract identical or substantiallysimilar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims thatdelay or additional cost is involved because of such action by the Owner, the Contractor shall make subh Claim asprovided elsewhere in the Contract Documents.

AlA DUooant A201/Q4a - 1992. Copyright C 1992 by The A-ooricr Institute of Ar-hitect. All rights reservd WARNING: This AIA` Dos=nintis protected by U.S. Copyright Law and Internstionsl Treaties, Un.uthoriaed r-prodction or distribution of Lhi. AIA' Doument, or anyportion of it, ay result in severe civil and crimial penalties, and will be prosecuted to the masigum extent p.ssible under th law. 24This draft wao produced by AIA so.ftu-r at 10:32:51 on 10/01/2009 under Order Nn.1000366293_1 which eapire- n 1/2E/2010, and is .cL for

User Notes: (3220950156)

§ 6.12 When the Owner performs construction or operations with the Owner's own forces including persons orentities under separate contracts not administered by the Construction Manager, the Owner shall provide forcoordination of such forces with the Work of the Contractor, who shall cooperate with them.

§ 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operationsrelated to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligationsand to have the same rights which apply to the Contractor under the Conditions of the Contract, including, withoutexcluding others, those stated in this Article 6 and in Articles 3, 1 0, 1 1 and 12.

§ 6.2 MUTUAL RESPONSIBILITY§ 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Contractors reasonable-opportunity for introduction and storage of their materials and equipment and performance of their activities, andshall connect and coordinate the Contractor's construction and operations with theirs as required by the ContractDocuments.

§ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations bythe Owner's own forces or other Contractors, the Contractor shall, prior to proceeding with that portion of the Work,promptly report to the Construction Manager and Architect apparent discrepancies or defects in such otherconstruction that would render it unsuitable for such proper execution and results. Failure of the Contractor so toreport shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed of partiallycompleted construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonablydiscoverable.

§ 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the partyresponsible therefor.

5 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completedconstruction or partially completed construction or to property of the Owner or other Contractors as provided inSection 10.2.5.§ 6.2.5 Claims and other disputes and matters in question between the Contractor and other Contractors shall besubject to the provisions of Section 4.7 provided the other Contractors have reciprocal obligations.

5 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as aredescribed for the Contractor in Section 3.14.

§ 6.3 OWNER'S RIGHT TO CLEAN UP§ 6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under theirrespective contracts for maintaining the premises and surrounding area free from waste materials and rubbish asdescribed in Section 3.15, the Owner may clean up and allocate the cost among those responsible as theConstruction Manager, in consultation with the Architect, determines to be just.

ARTICLE 7 CHANGES IN THE WORK§ 7.1 CHANGES§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating theContract, by Change Order, Construction Change Directive or order for a minor change in the Work subject to thelimitations 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, Construction Manager, Architect andContractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architectand may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by theArchitect alone.

§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, andContractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directiveor order for a minor change in the Work.

AIA Docnt A201/CHda - 1992. Copyright C 1992 by The American Institute of Architets. All rights rsere.WARINING: This AIAr Documsntis protested by U.S. Copyright Law ad International Treatise. Unauthorized reproduction or distribution of this AIA' Dcument, or enyportion of it, my result in severs civil end criminal penalties, end will be Frosecuted to the emaieum extent poosible under the l.fi 25This draft wao produced by AIA software at 10,32:51 an 10/01/2009 under Crd-r 14s.10003BG2931 which expires cn 1/26/2010, and is nat forresale.User Notes- 3220950156)

§ 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originallycontemplated are so changed in a proposed Change Order or Construction Change Directive that application of suchunit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicableunit prices shall be equitably adjusted.

§ 7.2 CHANGE ORDERS§ 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner,Construction Manager, Architect and Contractor, stating their agreement upon all of the following:

.1 a change in the Work;

.2 the amount of the adjustment in the Contract Sum, if any; and

.3 the extent of the adjustment in the Contract Time, if any. --- --- --- ---- -

§ 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3.

§ 7.3 CONSTRUCTION CHANGE DIRECTIVES§ 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by theOwner, Construction Manager and Architect, directing a change in the Work and stating a proposed basis'for.adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction CharigeDirective, without invalidating the Contract, order changes in the Work within the general scope of the Contractconsisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjustedIaccordingly.

§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a ChangeOrder.

§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall bebased on one of the following methods:

.1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data topermit 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 orpercentage fee; or

.4 as provided in Section 7.3.6.

§ 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change inthe Work involved and advise the Construction Manager and Architect of the Contractor's agreement ordisagreement with the method, if any, provided in the Construction Change Directive for determining the proposedadjustment in the Contract Sum or Contract Time.

§ 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractortherewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Suchagreement shall be effective immediately and shall be recorded as a Change Order.

§ 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,the method and the adjustment shall be determined by the Construction Manager on the basis of-reasonableexpenditures and savings of those performing the Work attributable to the change, including, in case of an increasein the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Section 7.3.3.3,the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemizedaccounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costsfor the purposes of this Section 7.3.6 shall be limited to the following:

.1 costs of labor, including social security, old age and unemployment insurance, fringe benefitsrequired by agreement or custom, and workers' compensation insurance;

.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated orconsumed;

.3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractoror others;

AIA Docant A2Ul/CI4a - 1892, Copyright C 1992 by The A-eriean Institute of Arehite-ts All righers eersed. WARNING: This AIA' Dooumsntis protected by U.S. Copyright Ls. nd Intern.tional Treaties, osuthorirsd reprodootion or distribution of this AlA

5fleuzent, or sny

portion of it, mey result io severe civil and criminal penalties, end will be prosecuted to the coxirum extent possible under the lao. 26This draft woo prodocd by AIA software at 10:32:51 on 10/01/2009 under Order Io.10003B293_1 uhioh expires on 1/28/2010, and is not foresoale.

tUer Notes: (3220050150)

.4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related tothe Work; and

.5 additional costs of supervision and field office personnel directly attributable to the change.

§ 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications forPayment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which resultsin a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When bothadditions and credits covering related Work or substitutions are involved in a change, the allowance for overheadand profit shall be figured on the basis of net increase, if any, with respect to that change.

§ 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method-for --

determining it, the adjustment or the method shall be referred to the Construction Manager for determination.

§ 7.3.9 When the Owner and Contractor agree with the determination made by the Construction Manager concerningthe adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, suchagreement shall be effective immediately issued through the Construction Manager and shall be recorded bypreparation and execution of an appropriate Change Order.

§ 7.4 MINOR CHANGES IN THE WORK§ 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in theContract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.Such changes shall be effected by written order issued through the Construction Manager and shall be binding onthe Owner and Contractor. The Contractor shall carry out such written orders promptly.

ARTICLE 8 TIME§ 8.1 DEFINITIONS58 .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. The date shall not be;postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible.

§ 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 specificallydefined.

§ 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 Agreementthe 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, prematurelycommence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to befurnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date ofsuch insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, theContractor shall notify the Owner in writing not less than five days or other agreed period before commencing theWork to permit the timely filing of mortgages, mechanic's liens and other security interests.

5 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completionwithin the Contract Time.

§ 8.3 DELAYS AND EXTENSIONS OF TIME5 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner's ownforces, Construction Manager, Architect, any of the other Contractors or an employee of any of them, or by changesordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causesbeyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which

AIA Douent A201/CM.e - 1992. Copyright C 1992 by The Arori.on Inotitute of Archlteets. All right. rs-ed, WING: This AIA' Documentis protected by U.S- Copyright L.w nd Ieternational Tre.tie Unauthorized reproduction or distribution of Lhie AIA' Dcument, or anyportion of it, -y result in severe civil and or ..a paite, and will be prosecuted to the -nsi-uz extent poasible under the la. 27This draft woo praduoed by AIA software at 10:32:51 on 10/01/2009 under order N1.1000380293_1 uhith expires on 1/22/2010, and is not for

res al e.sear letee: (3220090150)

the Architect, based on the recommendation of the Construction Manager, determines may justify delay, then theContract Time shall be extended by Change Order for such reasonable time as the Architect may determine.

§ 0.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7.

§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions ofthe Contract Documents.

ARTICLE 9 PAYMENTS AND COMPLETION§ 9.1 CONTRACT SUM§ 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments,' is the total amountpayable by the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 9.2 SCHEDULE OF VALUES§ 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect, through theConstruction Manager, a schedule of values allocated to various portions of the Work, prepared in such form andsupported by such data to substantiate its accuracy as the Construction Manager and Architect may require. Thisschedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing theContractor's Applications for Payment.

§ 9.3 APPLICATIONS FOR PAYMENT§ 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to theConstruction Manager an itemized Application for Payment for Work completed in accordance with the schedule ofvalues. Such application shall be notarized, if required, and supported by such data substantiating the Contractor'sright to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions fromSubcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.

§ 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been,properly authorized by Construction Change Directives but not yet included in Change Orders.

§ 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay toa Subcontractor or material supplier because of a dispute or other reason.

§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials andequipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advanceby the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a locationagreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned uponcompliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to-suchmaterials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storageand 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 Ownerno 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 theOwner 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 orentities 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 Construction Manager will assemble a Project Application for Payment by combining the Contractor'sapplications with similar applications for progress payments from other Contractors and, after certifying the amountsdue on such applications, forward them to the Architect within seven days.

§ 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the ConstructionManager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to theContractor, for such amount as the Construction Manager and Architect determine is properly due, or notify theContractor and Owner in writing of the Construction Manager's and Architect's reasons for withholding certification

AIA Dfouat AOlf/CsV - 19892 Copyright C 1992 by The Amsericn Institute of Architects All rights reserved. WARNIN: This Ale5

Doocumntis pro-soted by UD5 Copyright Law end Intern.tisnal Treatis., D.suthoried reproduotion or distribution of this AIA Doeument, or snyportion of it, may result in se-sre civil and -rimin.l penalties, sod will be prosecuted to the mnssiem extent poesible ondsr the law. 28This draft was produced by RIA so!oftwo at 10:32:51 on 10/01/2D09 under aider No.10U0386293_1 which capi- on 1/28/2010, and is not forresole.User Notes: (3220350100)

in whole or in part as provided in Section 9.5.1. Such notification will be forwarded to the Contractor by theConstruction Manager.

§ 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constituterepresentations made separately by the Construction Manager and Architect to the Owner, based on their individualobservations at the site and the data comprising the Application for Payment submitted by the Contractor, that theWork has progressed to the point indicated and that, to the best of the Construction Manager's and Architect'sknowledge, information and belief, quality of the Work is in accordance with the Contract Documents. Theforegoing representations are subject to an evaluation of the Work for conformance with the Contract Documentsupon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract-Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager orArchitect. The issuance of a separate Certificate for Payment or a Project Certificate for Payment will furtherconstitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuanceof a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that theConstruction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality orquantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences orprocedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other datarequested by the Owner to substantiate the Contractor's right to payment or (4) made examination to asceftain howor 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 Construction Manager or Architect may decide not to certify payment and may withhold a Certificate forPayment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the ConstructionManager's or Architect's opinion the representations to the Owner required by Section 9.4.3 cannot be made. If theConstruction Manager or Architect is unable to certify payment in the amount of the Application, the ConstructionManager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. If the Contractor,Construction Manager and Architect cannot agree on a revised amount, the Construction Manager and Architect willpromptly issue a Certificate for Payment for the amount for which the Construction Manager and Architect are ableto make such representations to the Owner. The Construction Manager or Architect may also decide not to certifypayment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or apart of a Certificate for Payment previously issued, to such extent as may be necessary in the Construction.Manager's or Architect's opinion to protect the Owner from loss because of

.1 defective Work not remedied;

.2 third party claims filed or reasonable evidence indicating probable filing of such claims;

.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials orequipment;

.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;.5 damage to the Owner or another contractor;.6 reasonable evidence that the Work will not be completed within the Contract Timhe, and that the

unpaid balance would not be adequate to cover actual or liquidated damages forthe anticipated delay;or

.7 persistent 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 amountspreviously withheld.

§ 9.6 PROGRESS PAYMENTS§ 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shallmake payment in the manner and within the time provided in the Contract Documents, and shall so notify theConstruction Manager and Architect.

§ 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment fromh the Owner, out of theamount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which saidSubcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account ofsuch 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 similar manner. I

AIA Dwcunent A2Ul/CMa" - 1S92. Copyrighlt C 192 by The American Institute of Architects. All rights reerved. IRNING: This AIA0

Dcuentis protected by U.S. Copyright Law and Int.r.etio.al Treaties. Un.uthorized reproduction or distribution of this Ala' focumeet, or anyportion of it, may rasult in severe civil end crieinel penaltis, and will be pro.scuted to the -axieue extent poecibla under the law. 2This droft woo produced by AIA softwore at 10:32:51 on 10/01/2U0 nder order N.10003293_1 which e.pire. so 1/28/2010, ond is not forresole.

lear Notes: (322095015G)

§ 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regardingpercentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner,Construction Manager and Architect on account of portions of the Work done by such Subcontractor.

§ 9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to thepayment of money to a Subcontractor except as may otherwise be required by law.

§ 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and9.6.4K

§ 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.

§ 9.7 FAILURE OF PAYMENT§ 9.7.1 If, through no fault of the Contractor, 1) the Construction Manager and Architect do'not issue a ProjectCertificate for Payment within fourteen days after the Construction Manager's receipt of the Contractor's Applicationfor Payment or 2) the Owner does not pay the Contractor within seven days after the date established in the ContractDocuments the amount certified by the Construction Manager and Architect or awarded by: arbitration, then theContractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, stopthe Work until payment of the amount owing has been received. The Contract Time shall be extended appropriatelyand the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-downr delay andstart-up, which shall be accomplished as provided in Article 7.

§ 9.8 SUBSTANTIAL COMPLETION§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereofis sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work forits intended use.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to acceptseparately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit tothe Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly tdcomplete and correct items on the list. 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. Upon receipt of the list, the Architect,assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portionthereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list,which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuanceof the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. TheContractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager,to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the ^Architect will prepare a Certificate of Substantial Completion which shall establish the date of SubstantialCompletion, 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 thelist accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date ofSubstantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate ofSubstantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractorfor their written acceptance of responsibilities assigned to them in such Certificate.

§ 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by theContractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting -adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents.

5 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 whensuch portion is designated by separate agreement with the Contractor, provided such occupancy or use is consentedto by the insurer as required under Section 11.3.11 and authorized by public authorities having jurisdiction over theWork. 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,

AIA Document A201/CM.a - 1992. Copyrigbt 8 1992 by Thi Accria.a Institute of Architects All rights resenda WANING: This AIAD Documentis protactad by US5 Copyright Law and International Treaties. Unathorized reproduction or distribution of this AIAs D.oument, or anyportion of it, -y result in never. civil and eFisin.l p-altiea, and will be prco.cut.. d to the aimum tent pesibla under tha law. 30This draft was praduced by AIA softwsro at 10:32:51 on 1D/01/2009 under ardor No.1

0003

86293_1 which expires an 1/28/2010, and ic cot for

recoinUser Notes: 32209501561

retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writingconcerning the period for correction of the Work and commencement of warranties required by the ContractDocuments. When the Contractor considers a portion substantially complete, the Contractor and ConstructionManager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of theContractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Workshall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, bydecision of the Architect after consultation with the Construction Manager.

§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor andArchitect shall jointly inspect the area to be occupied or portion of the Work to be used in order to deterrnine andrecord 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 notconstitute acceptance of Work not complying with the requirements of the Contract Documents.

§ 9.10 FINAL COMPLETION AND FINAL PAYMENT§ 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written noticethat the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a finalContractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice andApplication to the Architect who will promptly make such inspection. When the Architect, based on therecommendation of the Construction Manager, finds the Work acceptable under the Contract Documents and theContract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for 'Payment stating that to the best of their knowledge, information and belief, and on the basis of their observationsE,and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documentsand that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. TheConstruction Manager's and 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 beenfulfilled.

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submitsto the Architect through the Construction Manager (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 responsibleor encumbered (less amounts withheld by Owner) have been paid or other wise 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 tocover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), ifrequired by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases andwaivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in suchform as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by theOwner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. Ifsuch lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that theOwner may be compelled to pay in discharging such lien, including all costs and reasonable atorneys' 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 Construction Manager andArchitect so confirm, the Owner shall, upon application by the Contractor and certification by the ConstructionManager and Architect, and without terminating the Contract, make payment of the balance due for that portion ofthe Work fully completed and accepted. If the remaining balance for Work not fully completed or correcied is lessthan retainage stipulated in the Contract Documents, and if bonds have been fumished, the written consent of suretyto payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by theContractor to the Architect through the Construction Manager prior to certification of such payment. Such paymentshall be made under terms and conditions governing final payment, except that it shall not constitute a waiver ofClaims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.7.5.

AIA Decant A201/CN.e - 1992. copyright C 19Y2 by Th. Amori..n InsLitute of Ar-hitett. All right. rsrvd. WARNING: Thi. Ale Documentis protected by US. Copyright Law ad International Treaties. Oneuthorized reproduction or distribution sf this AlA Douent, or anyportion of it, -y result in severe civil *nd orieinol penalties, and will be prosecUted to the e.aai.w estent poesible under the law. 31This druft was produced by AIA softwuro ot 10:32:51 on 10/01/2009 under Order 14o.1000306293_1 which cxpires so 1/28/2010, ond is cot forresalo.Deer Notes: (3220050196)

§ 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute awaiver of claims by that payee except those previously made in writing and identified by that payee as unsettled atthe time of final Application for Payment. Such waivers shall be in addition to the waiver described in Section 4.7.5.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS§ 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions andprograms in connection with the performance of the Contract. The Contractor shall submit the Contractor's safetyprogram to the Construction Manager for review and coordination with the safety programs of other Contractors.

§10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or,-polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Workin the area affected and report the condition to the Owner, Construction Manager and Architect in writing. TheWork in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractorif in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been renderedharmless. The Workin the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it hasbeen rendered harmless, by written agreement of the Owner and Contractor, or in accordance with finaldetermination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4.

§ 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating toasbestos or polychlorinated biphenyl (PCB).

§ 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,Construction Manager, Architect, their consultants, and agents and employees of any of them from and againstclaims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting fromperformance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB)and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodilyinjury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts oromissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Ownermay be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a partyindemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights.orobligations of indemnity which would otherwise exist as to a party or person described in this Section 10. 1.4.

§ 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to personsresulting from a material or substance encountered on the site by the Contractor, the Contractor shall,- uponrecognizing the condition, immediately stop Work in the affected area and report the condition to the Owner,Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shallthen proceed in the same manner described in Section 10.1.2.

§ 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence orabsence of the material or substance reported by the Contractor and, in the event such material or substance is foundto be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, theOwner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualificationsof persons or entities who are to perform tests verifying the presence or absence of such material or-substance orwho are to perform the task of removal or safe containment of such material or substance. The Contractor, theConstruction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of,them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, ConstructionManager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose anotherto whom the Contractor, the Construction Manager and the Architect have no reasonable objection.

§ 10.2 SAFETY OF PERSONS AND PROPERTY5 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection toprevent damage, injury or loss to:

.1 employees an the Work and other persons who may be affected thereby;

AIA Docu-nt A201/CMf. - 1992. Copyright C 1592 by The A-erican Institute of Architects. All rights reserved WARNING: This AIR0

DoounBsntis protected by U.S. Copyright Law end International Treaties. Unuthori-ed reproduction or distribution of this AIA Doewoent, Or 8ny 32portion of it, may result in severe civil and criminal penalties, and will be prosecuted tc the ,nsieoc extent possible under the law.This draft was produced by AIA software at 10:32:51 cc 10/D1/2009 coder Order o..10003SE233_1 which espires cn 1/28/2010, aed is oct E..resale.se.r Notes 13220950156)

.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off thesite, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors;

.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 courseof construction; and

.4 construction or operations by the Owner or other Contractors.

§ 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawfulorders of public authorities bearing on safety of persons or property or their protection from dama'ge,' injury'orlossf '-

§ 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 for storage of explosives or other hazardous materials or equipment or unusual methods arenecessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities undersupervision of properly qualified personnel.

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss 'insured under propertyinsurance required by the Contract Documents) to property referred to in Sections 10.2.1.2,l10.2.1.3 and 10.21.4caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly orindirectlyemployed by any of them, or by anyone for whose acts they may be liable and for which the Contractor isresponsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions ofthe Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or byanyone for whose acts any 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. IS.

§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose dutyshall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designatedby the Contractor in writing to the Owner, Construction Manager and Architect.

§10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger itssafety.

§ 10.3 EMERGENCIES§ 10.3.1 In an emergency affecting safety or persons or property, the Contractor shall act, at the Contractor'sdiscretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed bythe Contractor on account of an emergency shall be determined as provided in Section 4.7 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 dobusiness in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claimsset forth below which may arise out of or result from the Contractor's operations under the Contract-and for whichthe Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or byanyone directly or indirectly employed by any of them, or by anyone for whose acts any of them maybe liable:

.1 claims under workers' compensation, disability benefit and other similar employee benefit acts whichare applicable to the Work to be performed;

.2 claims for damages because of bodily injury, occupational sickness or disease, or death of theContractor's employees;

.3 claims for damages because of bodily injury, sickness or disease, or death of any person other thanthe Contractor's employees;

.4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by aperson as a result of an offense directly or indirectly related to employment of such person by theContractor, or (2) by another person;

AIR Dosument A201/CQ. - 1992. copyright o 1992 by Th. American Inotitute of Architects. All right. r-ervd. WARNING: This AIA0

Doocisentis protected by U.S. Copyright Law and Inter.stionel Treaties. Vnaut.ridti reproduction ar distribution of this AIA flocmsent, or anyportion of it, eay rees.t in sevre civil end criminal peseltiea, and will be pros.cuted to the esier= eatent pesible under the la. 33This draft was produced by AIA sottwar- at 10:32:51 or 1a/01/2001 undor ardor NoB100C3E293 1 which expires cn 1/25/2010, and in not forreoso.User Note. (32209501561

.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangibleproperty, including loss of use resulting therefrom;

.6 claims for damages because of bodily injury, death of a person or property damage arising out ofownership, maintenance or use of a motor vehicle; and

.7 claims involving contractual liability insurance applicable to the Contractor's obligations underSection 3.1 8.

§ 11.1.2 The insurance required by Section 11. 1. 1 shall be written for not less than limits of liability specified in theContract Documents or required by law, whichever coverage is greater. Coverages, whether written on anoccurrence or claims-made basis, shall be maintained without interruption from date of commenceminftof the Workuntil date of final payment and termination of any coverage required to be maintained after final payment.

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager fortransmittal to the Owner with a copy to the Architect prior to commencement of the Work. These certificates and theinsurance policies required by this Section 1.1 shall contain a provision that coverages afforded under the policieswill not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. Ifany of the foregoing insurance coverages are required to remain in force after final payment and are reasonablyavailable, an additional certificate evidencing continuation of such coverage shall be submitted with the final'Application for Payment as required by Section 9. 1 0.2. Information concerning reduction of coverage shall befurnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief.

§ 11.2 OWNER'S LIABILITY INSURANCE§ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance-Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which mayarise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintainingthis optional Owner's liability insurance unless specifically required by the Contract Documents.

§ 11.3 PROPERTY INSURANCE§ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfullyauthorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of theinitial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement costbasis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in theContract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of suchinsurance, until final payment has been made as provided in Section 9. 10 or until no person or entity other than theOwner has an insurable interest in the property required by this Section 1 1.3 to be covered, whichever is earlier.This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in theWork.

§ 11.3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against the perils of fire andextended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism,malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasionedby enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's~services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unlessotherwise provided in the Contract Documents.

§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all ofthe 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 which will protect the interests of theContractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereofshall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase ormaintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reasonablecosts properly attributable thereto.

§ 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the ContractDocuments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurerincreases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this

ATA Document A2Dl/CNM. - 1992 Copyeight C 1992 by The American Institute of Architects. All rights reserved. WARNI: This ADA' Documentis protanted by U.S. Copyright Le. and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or anyportion of it, may .auls in sevare civil and criminal pecaltiso, and will be prosecuted to the maximum sotent poetible undsr the law. 3This draft was produced by AIA software at 10:32:51 an 10/01/2009 under Order No.10U03R293_1 which expires on 1/28/2010, and is not forroesale.Boar Notes: 322035015 6)

insurance with voluntary deductible amounts, the Owner shall be responsible for payment of the additional costs notcovered because of such increased or voluntary deductibles.

§ 11.3.1.4 Unless otherwise provided in the Contract Documents, this property insurance shall cover portions of theWork stored off the site after written approval of the Owner at the value established in the approval, and alsoportions of the Work in transit.

§ 11.3.1.5 The insurance required by this Section 1113 is not intended to cover machinery, tools or equipment ownedor rented by the Contractor which are utilized in the performance of the Work but not incorporated into thepermanent improvements. The Contractor shall, at the Contractor's own expense, provide insuranc-ecovraige forowned or rented machinery, tools or equipment which shall be subject to the provisions of Section 1 1.3.7. --

§ 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurancerequired by the Contract Documents or by law, which shall specifically cover such insured objects duringinstallation and until final acceptance by the Owner; this insurance shall include interests of the Owner, ConstructionManager, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall benamed insureds.

§ 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintainisuch insurance aswill insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. TheOwner waives all rights of action against the Contractor for loss of use of the Owner's property, includingconsequential losses due to fire or other hazards however caused. v --

§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for otherspecial hazards 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, adjoining dradjacent to the site by property insurance under policies separate from those insuring the Project, or if after finalpayment property insurance is to be provided on the completed Project through a policy or policies other than thoseinsuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms ofSection 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separatepolicies 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 thatincludes insurance coverages required by this Section 11-3. Each policy shall contain all generally applicableconditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provisionthat the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given tothe Contractor.

§ 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against each qther and against theConstruction Manager, Architect, Owner's other Contractors and own forces described in Article 6, if any, and thesubcontractors, sub-subcontractors, consultants, agents and employees of any of them, for damages caused by fire or -

other perils to the extent covered by property insurance obtained pursuant to this Section 11.3 or other propertyinsurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such-insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the ConstructionManager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractorsdescribed in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, byappropriate agreements, written where legally required for validity, similar waivers each in favor of other partiesenumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiverof subrogation shall be effective as to a person or entity even though that person or entity would otherwise have aduty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, andwhether or not the person or entity had an insurable interest in the property damaged.

§ 11.3.0 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and madepayable 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

AJA Doowoant A201/OK.- - 1992. Copyright e 1992 by The Anoricon InrLitiLe of Arohitocto. All right. reserved. ANING: Thin AIA Documentis proteoted by U.S. Copyright L.. end Internetional Treeti-. Dos.thorired reproduction or distribution of thie AlA Document, or Anyportion of it, -y r.sult in severe civil and oriminsl penalties, end will be prosecuted to the -ximu extent poesibls under the lao. 35This draft woe produced by AIA sfEtoors ot 10:32:51 on 10/101/2009 under Order No.1000386293_I which copires on 1/28/2010, and is rot forresole.Ueer Note. (3220950156)

insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required forvalidity, 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 againstproceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which theOwner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance withan arbitration award in which case the procedure shall be as provided in Section 4.9. If after such loss no otherspecial agreement is made, replacement of damaged property shall be covered by appropriate Change Order.

§ 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 suchobjection be made, arbitrators shall be chosen as provided in Section 4.9. The Owner as fiduciary shall, in that case,make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceedsby arbitration is required, the arbitrators will direct such distribution.

d§ 11.3.11 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance companyor companies providing property insurance have consented to such partial occupancy or use by endorsement orotherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company orcompanies and shall, without mutual written consent, take no action with respect to partial occupancy or use thatwould cause cancellation, lapse or reduction of insurance.

§ 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 ofthe Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specificallyrequired 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 paymentof obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit acopy to be made.

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 Construction Manager's or Architect's request or torequirements specifically expressed in the Contract Documents, it must, if required in writing by either, beuncovered for their observation 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 which the Construction Manager or Architect has not specificallyrequested to observe prior to its being covered, the Construction Manager or Architect may request to see such Workand it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs ofuncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not inaccordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by theOwner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs.

§12.2 CORRECTION OF WORK§ 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing toconform to the requirements of the Contract Documents, whether observed before or after Substantial Completionand whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejectedWork, including additional testing and inspections and compensation for the Construction Manager's and Architect'sservices and expenses made necessary thereby.

§ 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, orafter the date for commencement of warranties established under Section 9.9. 1, or by terms of an applicable specialwarranty required by the Contract Documents, any of the Work is found to be not in accordance with therequirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice fromthe Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.This period of one year shall be extended with respect to portions of Work first performed after Substantial

AlA Document A201/C4M - 1i.2 Copyright C 1992 by The American institute of Archi/tes All righta resrved. WHARIN: This AIA' Documentis proteoted by U.0s Copyright Law and International Treati.- Unauthorized reproduction or disEribution of this ALIA Document, r . 36portion of it, my result in cevere civil and criminal penalties, and will be pro.seuted to the maximum sxtent possible under the law.This droft was produced by AlA softu-ro St 10:32:51 on 12/01/2009 undor Ordor No.1000

3EE2931 which eopires on 1/22/2010, cod is not for

resle.ase. Not..s: 3220350156)

Completion by the period of time between Substantial Completion and the actual performance of the Work. Thisobligation under this Section 12.2.2 shall survive acceptance of the Work under the Contract and termination of theContract. The Owner shall give such notice promptly after discovery of the condition.

§ 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with therequirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.

512.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it inaccordance with Section 2.4. If the Contractor does not proceed with correction of such nonconforming Work withina reasonable time fixed by written notice from the Architect issued through the Construction Managir&,'6tleOwnermay remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does notpay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days'written notice sell such materials and equipment at auction or at private sale and shall account for the proceedsthereof, after deducting costs and damages that should have been borne by the Contractor, including compensationfor the Construction Manager's and Architect's services and expenses made necessary thereby'. If such proceeds ofsale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by thedeficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractorshall pay the difference to the Owner'

§ 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed orpartially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Workwhich is not in accordance with the requirements of the Contract Documents.

§ 12.2.6 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect toother obligations which the Contractor might have under the Contract Documents. Establishment of the time periodof one year 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 maybe sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor'sliability with respect to the Contractor's obligations other than specifically to correct the Wprk.

§12.3 ACCEPTANCE OF NONCONFORMING WORK§ 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the ContractDocuments, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sumwill be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment hasbeen made.

ARTICLE 13 MISCELLANEOUS PROVISIONS§ 13.1 GOVERNING LAW§ 13.1.1 The Contract shall be governed by the law of the place where the Project is located,

§ 13.2 SUCCESSORS AND ASSIGNS513.2.1 The Owner and Contractor respectively bind themselves, their partners, successorsj assigns and legal .representatives to the other party hereto and to partners, successors, assigns and legal representatives of such otherparty in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to theContract 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 obligationsunder the Contract.

513.3 WRITTEN NOTICE513.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a memberof the firm or entity or to an officer of the corporation for which it was intended, or if delivered-at or sent byregistered or certified mail to the last business address known to the party giving notice.

§ 13.4 RIGHTS AND REMEDIES513.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereundershall be in addition to and not a limitation of duties, obligations, rights and remedies otherwvise imposed or availableby law.

AIA Doent A2O1/CHOt - 1992. Copyright C 1992 by The Amcrican Institute of Architects. All right. reeerved. SARNING: This AIAT Duoumentis pretested by U.S. Copyright La, and Internetionsi Treetie.. Unuthorized reproduction or distribution of this AIAX Documsnt, or enypsrtisn of it, nay result in sever, civil end erieinsl pen.lties, and ilii h. prosecuted to the nouimnu *tant p.ssible under the law. 37This draft woo prodoced by AIA software at 10:32:51 sn ln/01/2009 under Order No.1000326293_1 which expires on 1/29/2010, and is nst for

rsole.Ueer Note.: (3220950156)

§ 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute awaiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approvalof or acquiescence in a breach thereunder, except as may be specifically agreed in writing.

513.5 TESTS AND INSPECTIONS§ 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws,ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with anindependent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shallbear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager andArchitect timely notice of when and where tests and inspections are to be made so the Construction Manager andArchitect may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do notbecome requirements until after bids are received or negotiations concluded.

§ 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine thatportions of the Work require additional testing, inspection or approval not included under Section 13.5 1,'the-Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor-tomake arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and theContractor shall give timely notice to the Construction Manager and Architect of when and where tests andinspections are to be made so the Construction Manager and Architect may observe such procedures. The Ownershall bear such costs except as provided in Section 13.5.3.

§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of theportions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bearall costs made necessary by such failure including those of repeated procedures and compensation for theConstruction Manager's and Architect's services and expenses.

§ 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 Construction Manager for transmittal to theArchitect.

§ 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by theContract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at thenormal place of testing.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoidunreasonable delay in the Work.

5 13.6 INTEREST§ 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due atsuch rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time totime at the place where the Project is located.

§ 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD§ 13.7.1 As between the Owner and Contractor:

.1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of.Substantial Completion, any applicable statute of limitations shall commence to run and any allegedcause of action shall be deemed to have accrued in any and all events not later than such date of -Substantial Completion;

.2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to actoccurring subsequent to the relevant date of Substantial Completion and prior to issuance of the finalCertificate for Payment, any applicable statute of limitations shall commence to run and any allegedcause of action shall be deemed to have accrued in any and all events not later than the date ofissuance of the final Certificate for Payment; and

.3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date ofissuance of the final Certificate for Payment, any applicable statute of limitations shall commence to

AIA Docujant A201/fMla - 1992. Copyright C 1992 by The Armrcian Institute of Archit-ts. All right. reserd WARNINr: This AlA' Documentis proteoted by U.S. Copyright Le. and loternati.nal Treaties. Unauthorized reproductin o ion of this AIA Docnt, or Any

porti"o of it, nay result in severe civil end criminal pmnaltic., sad will be prosecuted tc rhe -.simnw extent possible under the Iew.This draft was produced by AIA softoare at 10:32:51 on 10/01/2009 under Order No.10003BE2931 which expires on 1/28/2010, and is not forresole.Deer Notes: (3220050151)

run and any alleged cause of action shall be deemed to have accrued in any and all events not laterthan the date of any act or failure to act by the Contractor pursuant to any warranty provided underSection 3.5, the date of any correction of the Work or failure to correct the Work by the Contractorunder Section 12.2, or the date of actual commission of any other act or failure to perform any duty orobligation by the Contractor or Owner, whichever occurs last.

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT514.1 TERMINATION BY THE CONTRACTOR§ 14.1.1 The Contract may terminate the Contract if the Work is stopped for a period of 30 days through no act orfault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or anyr'otherpiersonsperforming portions of the Work under contract with the Contractor, for any of the following reasons:

.1 issuance of an order of a court or other public authority having jurisdiction;.2 an act of government, such as a declaration of national emergency, making material unavailable;.3 because the Construction Manager or Architect has not issued a Certificate for Payment and has not

notified the Contractor of the reason for withholding certification as provided in Section 9.4.2, orbecause the Owner has not made payment on a Certificate for Payment within the time stated in theContract Documents;

.4 if repeated suspensions, delays or interruptions by the Owner as described in Section 14.3 constitutein the aggregate more than 100 percent of the total number of days scheduled for completion, or 120days in any 365-day period, whichever is less; or

.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonableevidence as required by Section 2.2.1.

514.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to theOwner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Workexecuted and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery,including reasonable overhead, profit and damages.

*§ 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor 'ortheir agents or employees or any other persons performing portions of the Work under contract with the Contractorbecause the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents withrespect to matters important to the progress of the Work, the Contractor may, upon seven additional days' writtennotice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner asprovided in Section 14.1.2.

514.2 TERMINATION BY THE OWNER FOR CAUSE514.2.1 The Owner may terminate the Contract if the Contractor:

.1 persistently or 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 respectiveagreements between the Contractor and the Subcontractors;

.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority hav'ingjurisdiction; or

.4 otherwise is guilty of substantial breach of a provision of the Contract Documnents.

514.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, andupon certification by the Architect 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 take possession of the site and of all materials, equipment, tools, and cons truction equipment andmachinery 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.

514.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shallnot be entitled to receive further payment until the Work is finished.

AlA DIuRnt A201/flb - 1992. Copyright C 1992 by The A-ericon Institute of ArchiLets. All right, rerved. WARNIN: This AIA! Doeum.ntis prootedsi by U.S. Copyrilht Law and International Treeties. Unauthorized reprodnetlon or diatribution of this AIA Document, or anyportion of it, By result in sea-ra civil and orini pealnties, end will be proseuted tn the aaua extent possible under the Law. 3This droft woo prodosed by AIA softowro ot 10:32:51 or 10/01/2009 under Order 14o10003B6293_1 whioh .opires on 1/2M/2010, and is not forresole.User Not.e 13220950156)

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation forthe Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paidto the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. Theamount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by theArchitect after consultation with the Construction Manager, and this obligation for payment shall survivetermination 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 inwhole or in part for such period of time as the Owner may determine.

§ 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on theincreased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to theextent:

.1 that performance is, was or would have been so suspended, delayed or interrupted by another causefor which the Contractor is responsible; or

.2 that an equitable adjustment is made or denied under another provision of this Contract

§ 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed orpercentage fee.

AIR Dosumet A201/fl4.- - 1992. Copyright C 1992 by Th. Paoeraco Inttt f Architects. All rights r.se-d. WARNING: Thie AIR~' Documentis protested by U-S Copytight Lao end Interna.tional Treat ies. Unau.thorized r-aonino distribution of thio AlAe floownt, oray 4porLion of it, -ay result in saer civil and criinal penalties, and will he proseeuted Ec the -i-aiu .eatnt poss.ible under the law. 4This draft -s producd by AIR software at 10:32:51 on 10/O1/2009 under Order 1o.l00029t293_1 which -pir- on 1/26/20Ul, and is sot for

-.1-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

resal e.User Notes: (322095f15t)


SUPPLEMENTARY CONDITIONS

MODIFICATION TO GENERAL CONDITIONS1.0 Owner will not be carrying "All Risk" Insurance Policy as stated in 11.3.1.1. Contractor must

purchase an "All Risk" (Builders Risk) insurance policy that covers the following:

"The CONTRACTOR shall secure "All Risk" type Builder's Risk Insurance for WORK to be

performed. Unless specifically authorized by the OWNER, the amount of such insurance shall not be

less that the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses

due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and

smoke during the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy

shall name as the insured the CONTRACTOR. and the OWNER."

ADDITIONAL CONDITIONS2.0 Stated Allowances2.1 The Contractor shall include the cash allowances listed in Section 00 4113 BID FORM in his

proposal.2.2 The Contractor shall purchase the "Allowed Materials" as directed by the Owner through the

Architect/Engineer on the basis of the lowest and best bid of at least three competitive bids.Unless specified by the Construction Documents otherwise, if the actual price for purchasing the"Allowed Materials" is more or less than the "Cash Allowance," the Contract Price shall beadjusted accordingly (see Subparagraph 3.8.4). The adjustment in Contract Price shall be made onthe basis of the purchase price without additional charges for overhead, profit, insurance, or anyother incidental expenses. The total cost of installation of the "Allowed Materials" shall beincluded in the Base Proposal or Alternates as appropriate.

SUPPLEMENTARY CONDITIONS 00 7300 -1


INSTRUCTIONS:

The State Minimum Wage Rate Determination and related documents issued for this specific project shallbe inserted in the project manual. Wage Rate Determinations apply to this Request for Proposals.

Wage Rate Determination to follow

SUPPLEMENTARY CONDITIONS 00 7300 - 2

NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS - PUBLIC WORKS BUREAUQUESTIONS?? Call OR E-mail:

Patricia Barela @ (505) 841-4411 OR patrcia.barela(icstate nm us orLori Griego § (505) 841-4409 OR Iorl.crieaa2(icstate.nm.us or

Michael Fanestlel @ (505) 841 4417 OR michael-fanestieIastate.nm.us fax (505) 0414423

Contracting Agency/Owner County | Decision Date Decision No.Taos Municipal School District Taos 03/03/10 TA-10-0368 B

Expires for BidsType of Construction: E 12/31/10Description of Work: Anansi Charter School - Phase 3 Addition & Renovation4,800gsf wood frame addition to an existing concrete block structure. Earthwork, Site Utilities, plumbing,roofing, roof top HVAC, landscaping, addressable fire alarm, all one story wood frame construction, metalhand rails

REMINDER to those preparing BID documents: If bids are not opened by the above "Expires for Bids"date, a NEW wage decision may be required. If bids are NOT submitted before new wage rates go into effect, aNEW wage decision WILL be required. Call the Public Works Bureau at (505) 841-4417 to check status of newwage rates.

N O T I C E S

ALL contractors MUST have an active registration with the Labor Enforcement Fund before biddingon any public works project. Bids from contractors who are not registered will be consideredINVALID.

The General/Prime Contractor selected for this project MUST submit a completed Statement of Intentto Pay Prevailing Wages to the Contracting Agency (or it's agent) before any work is started.

Sub-contractors & 2nd/3rd Tier Contractors MUST also submit Statements through their General/Primebefore they start work. The General/Prime is responsible for informing the Contracting Agency or it'sagent whenever there is a change to the subcontractors on the project.

The Contracting Agency or it's agent MUST fill out and submit the Notification of Award andSubcontractor list to the Public Works Bureau and forward the remainder of this wage decisionpackage to the General/Prime Contractor that is awarded the project contract. That contractor is alsoresponsible for making certain that all subcontractors have copies of the wage decision and otherneeded forms.

The General/Prime Contractor MUST post the wage rate table at the job site outside theSuperintendent's trailer/office in an easily accessible place.

Workers MUST be classified & paid according to the work they perform, regardless of qualifications.

These wage rates are good for the life of a project.

8/10/07

New Mexico Department of Workforce SolutionsPublic Works Bureau

625 Silver Ave SW, Suite 410, Albuquerque, NM 87102Michael Fanestilel (505) 041-4417 OR michael.fanestlel(lstate.nm.us Patricia Barela (505) 841-4409 OR patrincia.barelaasstate.nm.us

Lori Griego (505) B41-4408 OR lorLorieqo2(5state.nm-us fax (505) 041-4423

Wage Decision # TA-10-0368 BNOTIFICATION OF A WARD (NOA)

Description and Location of Work: Anansi Charter School - Phase 3 Addition & Renovation4,800gsf wood frame addition to an existing concrete block structure. Earthwork, Site Utilities, plumbing, roofing,

roof top HVAC, landscaping, addressable fire alarm, all one story wood frame cons truction, metal hand rails

City of Des Montes/Arroyo Seco Taos County 57 State Rd 230

2fl REMINDER for Agency Conducting BID Process: If bids are NOT submitted before new wage rates go intoeffect, a NEW wage decision WILL be required.When the Contract is awarded for this project the Wage Rate Poster and the Wage Rate Packet, excluding this NOA and

Subcontractor List, must be delivered to the GENERAL/PRIME CONTRACTOR. The Contracting Agency or its agent must

complete this form (including the next page listing all of the subcontractors including 2 nd tier subcontractors) and fax or mail it to

the address above. If the project is canceled, this form must be completed by the agency conducting the bid process. Failure to

submit the NOA in a timely manner is a violation of paragraph 11. 1.2. 10.B (3) of the Public Works Minimum Wage Act Policy

Manual.

General/Prime Contractor Company Name: License#:_

Address: City: State: Zip: :

Telephone: Fax:a

Project Contact's name: E-Mail: M

Approximate Date Work to Start:t

Estimated Completion Date:a

Estimated Cost of Projrect:

Bid Opening Date:

Note: The General/Prime Contractor MUST mail/fax in their Statement of Intent to Pay Prevailing Wages to the Contracting

Agency or its agent before beginning work on the project. Each Subcontractor (and all tiers of subcontractors) MUST also

mail/fax their Statement of Intent to Pay Prevailing Wages through the General/Prime Contractor before they start work. After

work on the project is completed (but before final payments), subcontractors and all tiers of subcontractors must mail/fax

(through the General/Prime Contractor) an Affidavit of Wages Paid.

Signature for Contracting Agency (or agent)Printed NameDate

8/10)07

SUBCONTRACTOR LISTDo NOT list suppliers or professional services (such as surveyors)

INCLUDE individual subcontractor dollar amount for project

Please include 2nd & 3rd Tier subcontractors. Make extra copies of form if necessary.

Wage Dec. # TA-10-0368 B

General Contractor:

Company Name:Address: City: State: Zip:_E-Mail Address: License No.: oPhone No.: Fax No.: Sub 2nd TIER 3rdTIER

(To Whom) (To Whom)

Work to be performed: Amount ($):

Company Name:Address: City: State: Zi:__E-Mail Address: License No.: oPhone No.: Fax No.: Sub 2nd TIER 3rd TIER

(To Whom) (To Whom)


Company Name:Address: City: State:-Zip:_E-Mail Address: License No.: -Phone No.: Fax No.: Sub 2 n, TIER 3 rd TIER

(To Whom) (To Whom)


Company Name:Address: City: State: Zip:_E-Mail Address: License No,:_Phone No.: Fax No.: Sub 2nd TIER 3rd TIER

(To Whom) (To Whom)Work to be performed: Amount ($):

Company Name:Address: City: State: Zip:_E-Mail Address: License No.: oPhone No.: Fax No.: Sub 2nd TER 3rd TIER

(To Whom) (To Whom)


Company Name:Address: City: State: Zip:_E-Mail Address: License No.: oPhone No.: Fax No.: Sub 2 TIER 3rd TIER

(To Whom) (To Whom)


BILL RICHARDSON KEN ORTIZGOVERNOR SECRETARY

STATE OF NEW MEXICONEIL MEONI DEPARTMENT OF WORKFORCE SOLUTIONS TERESA C. GOMEZ

DEPTUY SECRETARY Public Works Bureau DEPUTY SECRETARY625 Silver Ave SW, Suite 410

Albuquerque, NM 87102(505) 841-4400 / FAX (505) 8414423

Dear Owner/Contracting Agency:

The enclosed wage decision packet must be used in the contract resulting from the bid opening on thisproject and, excluding the Notification of Award, and Subcontractor List, MUST BE FORWARDED tothe prospective general contractor that has been awarded the bid. The general contractor must post thecomplete wage decision at the job site in an easily accessible place. Failure to do so may result in fines.Furthermore, each subcontractor must receive a copy of the wage decision and use these rates to pay allemployees.

LABOR ENFOR CEMENT FUND - STRICTLYENFORCED

NOTE: Any general contractors must be registered with the Labor Enforcement Fund prior to thebidding process or the bid shall be deemed invalid. All subcontractors or tier subcontractors biddingmore than $60,000 on a Public Works contract MUST be registered with the Labor & Industrial Division.Visit our website at www.dws.state.nm.us, click "Public Works" for a Labor Enforcement Fund Form andother forms. REMINDER TO THOSE PREPARING BID DOCUMENTS: IF BIDS ARE NOTOPENED BY 12/31/10; NEW WAGE RATES MAY BE REQUIRED. IF YOU HAVE ANYQUESTIONS, PLEASE CALL 505-841-4417.

Weekly certified payrolls are required on all public works projects. All certified payrolls must besubmitted to the general contractor and the owner/contracting agency. The general contractor must havecopies of certified payrolls available to this office within ten days of a written request. Please do NOTsubmit any certified payrolls to our office unless our office requests them.

NM Apprenticeship and Training Fund payments are paid by each generalcontractor/subcontractor/tier(s) to either an approved apprenticeship program or to our office (NMEDWS,Public Works Bureau, PO Box 27428, Albuquerque, NM 87125-7428). Payments are due for all hoursin each trade a company has on the job site that has an apprenticeship contribution rate on the state wagedecision. These payments are for the hours worked by both journeyman and apprentices, regardless ofwhether the company has apprentices or not. If the project has both Federal and State funding, thepayments are still required. Only when the project has all Federal funds, is the project exempt. On Type"A" projects, where there are no contribution rates, apprenticeship payments do not apply. On projectswith two types of construction, the contribution applies for the work under the type construction withcontribution rates. Failure to pay Apprenticeship contributions is a violation of the Apprentice andTraining Act and may result in penalties. If you have any Apprenticeship questions, please feel free to :call (505) 841-4403.

"AN EQUAL OPPORTUNITY EMPLOYER"


STATE OF NEW MEXICODEPARTMENT OF WORKFORCE SOLUTIONS TERESA C. GOMEZ

Public Works Bureau DEPUTY SECRETARY625 Sliver Ave SW, Suite 410

Albuquerque, NM 87102(505) 8414400 / FAX (505) 841-4423

NOTICE TO ALL PLIBLIC WORKS CONTRACTORSPERTINENT INFORMATION IN ACCORDANCE WITH THE NM PUBLIC WORKS

MINIMUM WAGE ACT

The Public Works Bureau insures compliance of the Public Works Minimum Wage Act (13-4-11 through13-4-17, NMSA 78). This office issues prevailing wage rates for each project for inclusion in the biddocuments. After a project contract is signed, the Notification of Award (NOA) and Subcontractor Listmust be completed and sent to the Public Works Bureau by the Contracting Agency or it's agent. TheStatement of Intent to Pay Prevailing Wages must be completed by the contractors performing work onthe project and sent through the General Contractor to the Public Works Bureau. A Statement of Intent toPay Prevailing Wages Is required from each construction contractor before they start work on a state orlocally funded construction project costing a total of $60,000 or more. Every contractor (general, sub,second tier, etc.) must pay those rates through weekly payment and payroll.

Wage rates include a base rate and a fringe rate of pay. In many cases, an additional cost to thecontractor is an apprenticeship contribution rate per hour for both journeyman and apprentices. Amonthly apprenticeship contribution compliance form and check for payment (when applicable) isrequired and should be sent to NM\lDWS, Public Works Bureau, PO Box 27428, Albuquerque, NM 87125-7428. After a contractor completes work on a project, but before his final payment, an Affidavit of WagesPaid must be completed and sent to the Public Works Bureau - through the General Contractor.

Each employee must receive the full base and fringe rate per hour for all hours worked in their jobclassification, regardless of the qualifications or license held. The only exception is for workers with acurrent certification in approved apprenticeship programs. The apprentice must also receive the fullbenefit of the fringe rate. Fringe benefits may also be paid into approved health benefit programs, pensionprograms, life insurance programs, company holiday and vacation programs and/or training programsthat are not apprenticeship programs (ie.: an OSHA 10 safety program). If fringe benefits are paid to athird-party account, the employee must have quarterly statements provided to them. The third way ofpaying fringe benefits, Is to pay as a combination of cash and into approved programs. This office willsometimes ask for complete breakdowns of all payment to insure total compliance.

The minimum wage, or greater, as shown on individual wage decisions must be paid. "In addition, thecontractor, subcontractor employer or any person acting as a contractor shall be liable to any affectedemployee for liquidated damages in the sum of one hundred dollars ($100.00) for each calendar day onwhich a contractor, subcontractor, employer or any person acting as a contractor has willfully required orpermitted an individual laborer or mechanic to work in violation of the provisions of the Public WorksMinimum Wage Act" (13-4-14.C, NMSA 78). When questions arise about the requirements of the Act orthe Public Works Minimum Wage Act Policy Manual they must be resolved as soon as possible. If youhave questions, please call (505) 841-4417.


LABOR ENFORCEMENT FUND(STRICTLY ENFORCED)

13-4-13.1 Public works contracts; registration of contractors and subcontractors.

A. Except as otherwise provided in this subsection, in order to submit a bid valuedat more than sixty thousand dollars ($60,000) in order to respond to a request forproposals or to be considered for award of any portion of a public works projectgreater than sixty thousand dollars ($60,000) for a public works project that issubject to the Public Works Minimum Wage Act f13-4-10 NMSA 1978], thecontractor, serving as a prime contractor or not, shall be registered with thedivision. Bidding documents issued or released by a state agency or politicalsubdivision of the state shall include a clear notification that each contractor,prime contractor or subcontractor is required to be registered pursuant to thissubsection. The provisions of this section do not apply to vocational classes inpublic schools or public post-secondary educational institutions.

B. The state or any political subdivision of the state shall not accept a bid on apublic works project subject to the Public Works Minimum Wage Act from a primecontractor that does not provide proof or required registration for itself.

C. Contractors and subcontractors may register with the division on a form providedby the division and in accordance with workforce solutions department rules. Thedivision shall charge an annual registration fee of two hundred dollars ($200).The division shall issue to the applicant a certificate of registration within fifteendays after receiving from the applicant the completed registration form and theregistration fee.

D. Registration fees collected by the division shall be deposited in the laborenforcement fund.

13 4-14.1 Labor enforcement fund; creation; use.

The "labor enforcement fund" is created in the state treasury. The fund shall consist ofcontractor and subcontractor registration fees collected by the labor and industrialdivision of the labor department and all investment and interest income from the fund.The fund shall be administered by the division, and money in the fund is appropriated tothe division for administration and enforcement of the Public Works Minimum Wage Act[13-4-10 NIVMSA 1978]. Money in the fund shall not revert to the general fund at the endof a fiscal year.

134-14.2 Registration cancellation, revocation, suspension; injunctive relief.

The director may:A. cancel, revoke or suspend with conditions, including probation, the registration of

any party required to be registered pursuant to the Public Works Minimum WageAct [1 3-4-10 NMSA 1978] for failure to comply with the registration provisions orfor good cause, subject to appeal pursuant to Section 13-4-15 NMSA 1978; and

B. seek injunctive relief in district court for failure to comply with the registrationprovisions of the Public Works Minimum Wage Act.

LABOR ENFORCEMENT FUNDNEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS

LABOR RELATIONS DIVISIONAPPLICATION FOR PUBLIC WORKS

CONTRACTOR REGISTRATIONAll anhNications must be acrompanied by $200 nayable to the "LABORENFORCEMENT FUND"

Do NotSend CashSend to: Labor Enforcement Fund

PO Box 27679Alb., NM 87125-7679

1.Contractor/Subcontractor - Company Trade Name

Mailing Address City State Zip Code

Area Code / Telephone Number

E-Mail Address or Fax Number

2.Printed Name of First Qualifying Party (Owner of Company)

3. Type of Business DIndividual/Sole Proprietor DPartnershipECorporation LOther

4. INCOMPLETE APPLICATIONS WILL BE RETURNED TO SENDER

APPLICANT STATEMEENTAs the responsible applicant-contractor, I understand:a the application is subject to verification and that I agree to provide any additional documentation as

requested by the Labor Relations Division director.a failure to provide full and timely disclosure of any required information or documentation may result in

the denial of this application for registration.* that payment in the exact amount of Two Hundred Dollars USD ($200.00) is due with this application.* that registration is for one calendar year (365 days) from the date notice of registration is posted on the

Department of Workforce Solutions website. <www.dws.state.nm.us>* that I am submitting this application for the purpose of a legal transaction with the State of New Mexico

Department of Workforce Solutions.* that failure to send this application and payment to the address shown above will result in delayed or

denied registration.* that it is my (the contractor's) responsibility to ensure that my registration is current.

I certify, under penalty of perjury, that the information contained in this application forregistration is accurate, true, and complete to the best of my knowledge.

Signature Date

Print Name and Title

Revised July 16, 2007

STA TEMENT OF INTENT TO PAY PREVAILING WAGESTo Be Filled Before Construction Starts

Please type or print in ink. Incomplete forms will be returned without approval.Mail orfaxto: Public Works Bureau, 625 Silver Ave SW, Ste 410, Albuquerque, NM 87102

Call: r505 841-4409 - Fax: (505_ 841-4423 rFax transmission preferred)

GENERAL CONTRACTOR INFORMATIONCompany Name:

Address:

City: State: Zip:

Phone: Fax:

Estimated Start Date: _State Wage Dec. #:

Project Title: Project Physical Address:Total Contract Amt: Estimated Completion Date:

PRINT NAME: SIGNATURE:

SUBCONTRACTOR: Subcontract amount: Start Date of WorkCompany Name: on This Project:Address:

City: State: Zip:Phone: Fax:PRINT NAME: . SIGNATURE:2ND. TIER SUB 2nd Tier Contract amount Start Date of WorkCompany Name: on This Project::Address:

City: State: Zip:Phone: Fax:

PRINT NAME: _SIGNATURE:I hereby certify that the above information is correct and that all workers I employ on this public works project were paid no lessthan the Prevailing Wage Rate(s) as determined by the Department of Workforce Solutions, Public Works Bureau for this projectas identified by the State Wage Decision No. I understand that contractors who violate Prevailing Wage Laws (i.e., incorrect jobclassification, improper payment of prevailing wages, and/or overtime, etc.), are subject to debarment procedures and shall berequired to pay any back wages due to workers. (Ref. LID Public Works Minimum Wage Act Policy Manual (11.1.2 NMAC)& Public Minimum Wage Act (13-4-11 through 13-4-18, NMSA 78)).

LID Approval of This Form Date

NOTE: After 7101109, ALL tiers of contractors with contracts over $60,000, MUST be registered with the Department ofWorkforce Solutions, Public Works Bureau. The registration form Is available on our web page at

.dws.state.nm.us under Public Works and Additional Forms. Fill In the Labor Enforcement Fund form and mail toKhe post office box listed at the top of the form. Go to the same page that the form is on to check the list of RegisteredContractors.

(See IMPORTANT information on back!) Revised 1/25/10

INSTRUCTIONS FOR FILLING OUT STATEMENT OF INTENT

FOR GENERAL CONTRACTOR:1. Fill in general contractor information and provide signature.2. State Wage Dec. No. as listed in bid documents. (example: BE-07-0123 B)3. Project Title - Listed in bid documents. Whatever the project is.4. Project Physical Address - Exact location of project (job site).5. Estimated Start & Completion Dates of project6. General Contractor's Contract Amount - Project cost .

FOR SUBCONTRACTOR:1. Fill in general contractor information, but general contractor signature is not

needed.2. Fill in subcontractor section as indicated and provide signature. Send to GC

Sub-contract amount - list subcontract amount.PLEASE NOTE: A SEPARATE SIGNED FORM ISNEEDED FOR EACH CONTRACTOR.

FOR 2ND. TIER SUB:1. Fill in general contractor information, but general contractor signature is not

needed.2. Fill in subcontractor section; subcontractor signature not needed. Send to GC.3. Fill in 2nd. Tier sub section and provide signature.4. 2nd Tier contract amount - list amount.

For 3rd TIER & HIGHER: Attach a copy of this completed form & list the 3rd tier contractor infounder the 2' tier contractor with a note.

Effective July 1, 2009 - ALL contractors bidding on public works contracts for $60,000 ormore MUST be registered with the Labor & Industrial Division prior to bidding the project.The registration form may be found on the DWS web page at www.dws.state.nm.us underPublic Works and Forms. Print the Labor Enforcement Fund Form and mail it along with acheck for $200 to the address at the top of the form. A list of registered contractors maybe reviewed on the same page as the registration form. Registration is good for one year,and after registration, contractors may bid as many contracts as they wish. Uponexpiration of the registration, contractors may complete projects, but in order to bid newones after the expiration, they must register again. NOTE: All Statements of Intent to PayPrevailing Wages must go to the GC to submit to the Department of Workforce Solutionsfor approval. DWS will return approved Affidavits to the GC who should forward to thesubs.

NOTE: If form is faxed, we do not need the originals, unless the fax is not legible.

AFFIDAVIT OF WAGES PAIDTo Be Filled After Construction Is Complete

Please type or print in ink. Incomplete forms will be returned without approval,Mail or fax to: Public Works Bureau, 625 Silver Ave SW, Ste 410, Albuquerque, NM 87102

Call (505) 841-4409 Fax: (505) 841-4423 (Fax transmission IS preferred)

GENERAL CONTRACTOR INFORMATION

Company Name: m

Address:

City: State: Zip:

Phone: Fax:

Estimated Completion Date: State Wage Dec. #:

Project Title: Project Physical Address:


Subcontractor: Date you completed work onCompany Name: This projectAddress: DATE:City: State: Zip:Phone: Fax:PRINT -NAME: - SIGNAT-URE:2ND. TIER SLIB: (Who is paying you? Fill in name above) Date you completed work onCompany Name: This projectAddress: DATE:City: State: Zip:Phone: Fax:


I hereby certify that the above information is correct and that all workers I employ on this public works project were paid no lessthan the Prevalling Wage Rate(s) as determined by the Department of Workforce Solutions, Public Works Bureau for this projectas identified by the State Wage Decision No. I understand that contractors who violate Prevailing Wage Laws (i.e., incorrect jobclassification, improper payment of prevailing wages, and/or overtime, etc.), are subject to debarment procedures and shall berequired to pay any back wages due to workers. (Ref. LID Public Works Minimum Wage Act Policy Manual-(1 1.1.2 NMAC)& Public Minimum Wage Act (13-4-11 through 13-4-18, NMSA 78)).

LID Approval of this Form DateNOTE: After 7/01/09, ALL tiers of contractors with contracts over $60,000, MUST be registered with the Department ofWorkforce Solutions, Public Works Bureau. The registration form Is available on our web page atwww.dws.state.nm.us under Public Works and Additional Forms. Fill in the Labor Enforcement Fund form and mail tothe post office box listed at the top of the form. Go to the same page that the form is on to check the list of RegisteredContractors.

(See IMPORTANT information on back!) Revised 1/25/10

INSTRUCTIONS FOR FILLING OUTAFFIDAVIT OF WAGES PAID

FOR GENERAL CONTRACTOR:1. Fill in general contractor information and provide signature.2. State Wage Dec. No. as listed in bid documents. (example: BE-07-0123 B)3. Project Title - Listed in bid documents. Whatever the project is.4. Project Physical Address - Exact location of project Gob site).5. Estimated Completion Date of Project

FOR SUBCONTRACTOR:1. Fill in general contractor information, but general contractor signature is not

needed.2. Fill in subcontractor section as indicated and provide signature. Send to GC.

PLEASE NOTE: A SEPARATE SIGNED FORM ISNEEDED FOR EACH CONTRACTOR

FOR 2ND. TIER SUB:1. Fill in general contractor information, but general contractor signature is not

needed.2. Fill in subcontractor section; subcontractor signature not needed. Send to GC.3. Fill in 2nd. Tier sub section and provide signature.4. 2nd Tier contract amount - list amount.

For 3rd TIER & HIGHER: Attach a copy of this completed form & list the 3rd tier contractor infounder the 2" tier contractor with a note.

Effective July 1, 2009 - ALL contractors bidding on public works contracts for $60,000 ormore MUST be registered with the Labor & Industrial Division prior to bidding the project.The registration form may be found on the DWS web page at www.dws.state.nm.us underPublic Works and Forms. Print the Labor Enforcement Fund Form and mail it along with acheck for $200 to the address at the top of the form. A list of registered contractors may bereviewed on the same page as the registration form. Registration is good for one year, andafter registration, contractors may bid as many contracts as they want. Upon expiration ofthe registration, contractors may complete projects, but in order to bid new ones after theexpiration, they must register again. NOTE: All Affidavits of Wages Paid must go to theGC to submit to the Department of Workforce Solutions for approval. DWS will returnapproved Affidavits to the GC who should forward them to the subs.

NOTE: If form is faxed, originals are not required to be sent, unless the fax is illegible.

TYPE "B" - GENERAL BUILDING

Effective January 26, 2010Subsistence &

Trade Classification Base Rate Fringe Rate Apprenticeship Incentive Rates

Asbestos Worker - Heat & Frost Insulator 27.35 10.23 $0.20Boilermaker 18.40 3.78 $0.20Bricklayer/Blocklayer/Stonemason 22.85 6.00 $0.74Carpenter/Lather 20.86 6.25 $0.36Cement Mason 17.72 7.45 $0.34Eldctri;~7 --ans 1z ,1 -ztt -

M4A~~~~~~~~~~~~~~~~~~~~

Groundman 22.32 8.62 $0.36Equipment Operator 25.14 8.62 $0.36Lineman/Tech 25.73 8.62 $0.36Cable Splicer 26.91 8.62 $0.36

-5^siels-tiato-l l, ,";' 1 _ '' _-i' Pi If__L

Wireman/Technician 27.80 8.06 $0.37 Refer to Note ICable Splicer 29.53 8.06 $0.37

Installer 23.39 8.31 $0.24Technician 24.94 8.31 $0.24Soundman 27.01 8.31 $0.24

Elevator Constructor 33.61 14.99 $0.24Elevator Constructor Helper 15.55 3.56 $0.25Glazier 20.15 4.15 $0.35Ironworker 25.00 10.00 $0.53 Refer to Note 2Painter (Brush/Roller/Spray) 16.60 3.88 $0.36Paper Hanger 19.71 8.42 $0.35Drywall Finisher/Taper 19.64 3.91 $0.34Plasterer 18.65 7.15 $0.35Plumber/Pipefitter 28.30 11.00 $0.63 Refer to Note 3Roofer 15.18 0.50 $0.54Sheetmetal Worker 26.56 13.41 $0-45 Refer to Note 4Soft Floor Layer 20.74 4.40 $0.35Sprinkler Fitter 24.41 11.27 $0.28Tile Setter 14.80 1.20 $0.00Tile Setter Helper 13.00 1.02 $0.00Edborer* I!-Z~ !- - - -f- .; -#$½at 't!Q;t27- Za A

Group I 15.04 4.25 $0.27Group II 15.61 4.25 $0.27Group III 15.91 4.25 $0.27Group IV 16.01 4.25 $0.27Group V 16.21 4.25 $0.27Group VI 16.36 4.25 $0.27

TYPE "B" - GENERAL BUILDING

Effective January 26, 2010Subsistence &

Trade Classification Base Rate Fringe Rate Apprenticeship Incentive Rates

-o pee rat'rs ; --- = <-~ ~ C IF : , ; . .s_ = E ': '' g k - ;

Group I 28.03 5.16 $0.50Group II 29.07 5.16 $0.50Group III 29.15 5.16 $0.50Group IV 29.21 5.16 $0.50Group V 29.27 5.16 $0.50Group VI 29.37 5.16 $0.50Group VIl 29.47 5.16 $0.50Group VilI 30.55 5.16 $0.50 _

______, A- -i RIR NM t F ' j ' _ - .a " '

Group I 20.56 5.34 $0.55

Group II 20.68 5.34 $0.55Group III 20.76 5.34 $0.55

Group IV 20.88 5.34 $0.55Group V 20.93 5.34 $0.55Group VI 21.03 5.34 $0.55Group VII 21.13 5.34 $0.55 _ ]

Group Vil 21.27 5.34 $0.55

Group IX 21.42 5.34 $0.55

NOTE: SUBSISTENCE AND INCENTIVE RATES BY TRADE & LOCATION

#1 - Inside Electricians working at a Los Alamos County job site get $4.10/hr. subsistence pay plus base/fringe.

#1 - Inside Electricians working at a Lea County job site get $75.00/day subsistence pay plus base/fringe.

#2 - Ironworkers working on projects 50+ miles over the most direct regularly traveled route from Albuquerque, or theemployee's home, whichever is closer, shall be paid $5.00/hr. subsistence plus base/fringe. The "Big I" Interchange inAlbuquerque, or the employee's home, respectively shall be used as basing points. The current State of New MexicoOfficial Highway Map shall be the reference for routes and distances. All of Santa Fe County shall be $5.00/hrsubsistence area.

#3 - Plumbers/Pipefitters working at a Los Alamos County job site get $.80/hr. incentive pay plus base/fringe.

#4 - Sheet Metal Workers working at a Los Alamos County job site get $2.00/hr. incentive pay plus base/fringe.

#4 - Sheet Metal Workers living 60+ miles from a San Juan County job site get $3.00/hr.. subsistence pay plusbase/fringe.

#4 - Sheet Metal Workers working 90+ miles from contractors homebase & employees home get $50.00/daysubsistence pay plus base/finge.

LABORER CLASSIFICATION GROUPS TYPE "B" & "C" CONSTRUCTION

GROUP I:

Watchmen.

GROUP II - (Unskilled):

Building & Corrmon Laborers; Carpenter Tenders; Concrete Workers; Stakedrivers;Concrete Buggy Operator (hand); Flagmen; Soil Sample Tester,

GROUP III - (Semi-skilled):

Air & Power Tool Operator (not a carpenter's tool); Asbestos Remover; AsphaltHeaterman; Asphalt Jointman; Ashp. Raker; Batching Plant Scaleman; Chain

Sawman; Concrete Touch-Up IMan; Concrete Sawman - Coring Machine; CurbingMachine Asph. Or Cement; Cutting Torchman; Metal Form Setter-Road; Grade Setter;Gunite Reboundmen; Rod & Chainmen; Concrete Power Buggy Operator; Powderman

or Blaster Helper; Sandblaster (Pot Men); Nozzlemen; Scaler; Vibratorman (hand-type); Vibratory Compactor (hand-type); Wagon Core & Diamond Drillers' Tenders(outside); Window Washers; Fog Machine Operator; Nurseryman-Gardener; Multi-

Plate Setter; Concrete Burner; Cement Mason Tenders; Hodcarriers; Mortar Mixers;Plaster Spreader Operator; Plaster Tenders; Gunite Nozzleman; Pipelayer; Pumpcrete

Nozzleman; Manhole Builder; Roadway Hardware Worker.

GROUP IV:

Wagon, Core, Diamond Drillers.

GROUP V - (Miscellaneous):

Landscaper; Traffic Control Technician; Laboratory Technician

GROUP VI:

Powderman and Blasters.

EQUIPMENT OPERATOR CLASSIFICATION GROUPS

GROUP I:

Fireman; Oiler; Helpers; Mechanic, Welder, Grease Truck; Screedman; Scale Operator(such as Bin-a-Batch); Rubber Tire Farm-type Tractor; Tractors (under 50 HP w/o

attachments); Brakeman; Concrete Paving Curing Machine (bridge-type).

GROUP II:

Rollers; Sheepsfoot or Pneumatic Self-Propelled w/o dozer; Concrete Conveyor;Service Truck Operator (head oiler); Air Compressor (300 CFM & over); Pumps (6" &

over); Screening Plants; Concrete Mixers (under 1 cy); Concrete Saw or Grinder-SpanType; Hoists (1 drum); Air Tugger; Elevating Belt-type Loaders; Fork-lift LumberStacker; Tractor-Farm type (under 50 HP w/attachments); Motorman & IndustrialLocomotive Operator; Winch Trucks; Front End Loader (under 2 cy); Power Plants

which generate over 15 KW; Welding Machines.

GROUP III:

Bituminous Distributors; Boilers, Retort & Hot Oil Heaters; Concrete Mixers (1 cy &over); Concrete Paver (single drum); Drilling Equipment; Motor Graders (rough);

Shaft &Tunnel Equipment; Refrigeration, Slusher, Jumbo Form;-Trenching Machine(all types); Pumpcrete & Gunite Machine; Slipform Paver; Mechanic Bull-Floats;

Concrete Slab Spreading Machine; Concrete Slab Finish Machine; Asphalt Plants;Bitum. Finish Machine; Crushing Plants.

GROUP IV:

Front End Loader (2 - 10 cy); Rollers Steel Wheeled (all types); Bulldozers; Scrapers(motor or towed); Elevating Graders; Concrete Batching Plants; Self-propelled Rollers,

(equipped w/ dozer); Twin-Bowl Scrapers & Quad 8 or 9 Pushers; Three BowlScrapers; Tractor (farm-type) w/hydraulic Backhoes.

GROUP V:

Concrete Paver (double drum); Cat Cranes; Hysters; Side & Swingboom Cats; Hoist (2 drum); Auto Fine Grader.

GROUP VI:

Mucking Machine (all types); Motor Grader-Finish.

GROUP VII:

Hydraulic Cranes (with less than 50' of boom - 20 tons & under); Steam Engineers;Loader (Front-end & over 10 cy); Concrete Pump (snorkel type); Mechanic Welder.

GROUP VIII:

All Shovel Type Equip.; Cranes; Draglines; Backhoes; Derricks; Guy & Stiff Leg;Pipemobile (#2 Oper.); Piledriver; Hydraulic Cranes (20 tons & over); Mine Hoist (beltloader CMI type); Cranes, Draglines (w/ booms &jib over 150'); Shovel (wheel type);

Boring Machine (tunnel or shaft mmole); Pipemobile.

TRUCK DRIVER CLASSIFICATION GROUPS

GROUP I:

Pick-up ¾/4 ton & under; Service Station; Lubrication; Light Tire Repair or Washer;Swamper or Riding Helper; Teamster 2 or 4 up; Ambulance Driver.

GROUP II:

Bus or Taxi Driver; Dump or Batch Truck (under 8 cy WLC); Flatbed (bobtail) 2 ton &under; Mechanic & Welder Helper; Forklift (under 5 ton MRC).

GROUP III:

Dump Trucks (includes all highway & off-highway, 8 - 16 cy WLC); Water, Fuel or OilTrucks (less than 3,000 gals.); Flatbed (bobtail) over 2 tons.

GROUP IV:

Distributor Driver; Heavy Tire Repair; Lumber Carrier Driver; Young Buggy or SimilarEquipment; Transit Mix or Agitator 2 or 3 Axle Bobtail Equipment; Scissor Truck; BulkCement Bobtail 2 or 3 Axles; Semi-Trailer Driver (flatbed or van single axle); Forklift

(5 ton & over MRC); Field Equipment Serviceman.

GROUP V:

Dumpster & Dumpcrete Driver; Water, Fuel or Oil Truck (3,000 - 6,000 gals.);Lowboy, Light Equipment Driver; Euclid-type Tank Wagon (under 6,000 gals.).

GROUP VI:

Vacuum Truck; Dump Trucks (including all hwy. & off-hwy., 16 - 22 cy WLC).

GROUP VII:

Transit Mix or Agitator Semi or 4 Axle Equipment Driver; Flaherty Truck-typeSpreader Box Driver; Slurry Truck Driver; Bulk Cement Driver; Semi-Doubles; 4 AxleBobtail; Winch Truck & "A" Frame; Dump Trucks (including all hwy. & off-hwy., 22 cy

to 35 cy WLC); Head Field Equipment Serviceman.

GROUP VIII:

Euclid Diesel Powered Turnarocker; Terra Cobra; DW 10; DW 20; Letourneau Pulls &Similar Diesel Powered Equipment; Lowboy Heavy Equip. Driver; Water, Fuel or Oil'

Trucks (6,000 gals. & over including Tank Wagon Drivers); Semi-Trailer Driver(flatbed or van tandems); Light Equipment Mechanic; Dump Trucks (including hwy. &off-hwy.) 35 cy WLC & over; Truck & Trailer or Semi-Trailer (flatbed); Eject All Driver.

GROUP IX:

Lowboy (heavy equip., double gooseneck); Heavy Equip. Mechanic; Welder (Body &Fender Man); Warehouseman; Material Checker-Cardexman; Expeditor.


STATE OF NEW MEXICODEPARTMENT OF WORKFORCE SOLUTIONS TERESA C. GOMEZ

Public Works Bureau DEPUTY SECRETARY625 Silver Ave SW, Suite 410

Albuquerque, NM 87102(505) 841 4400 / FAX (505) 841-4423

NOTICE

Public Works Apprenticeship and Training Act

Statute 13-4D-4.B states:

"Public works construction projects, except for street, highway, bridge, road, utility ormaintenance contracts with employers who elect not to participate in training, shall not beconstructed unless an employer agrees to make contributions to approved apprentice and trainingprograms in New Mexico in which the employer is a participant or to the public worksapprentice and training fund administered by the public works bureau of the labor and industrialdivision of the labor department. Contributions shall be made in the same manner and in thesame amount as apprentice and training contributions required pursuant to wage ratedeterminations made by the director."

For a copy of the above-mentioned act, please contact our office at (505) 841-4403.

For contractors that are not participants in an approved apprenticeship program, submitApprenticeship & Training Contribution Compliance Statement and Payment to:

NMDWSPublic Works Bureau

PO Box 27428Albuquerque, NM 87125-7428


APPRANTIGflIItPA PRORA

The following are easy reminders regarding this program:

1. For "B", "C", & "H' Projects: Whenever you have any workers on thejob (even if you are not using apprentices), you are required to pay intothe Apprenticeship Training Program as outlined in the Apprenticeship& Training Act. This applies to all contractors, subcontractors, 2nd tiers,etc. Your wage rates will show which jobs have apprenticeshipcontributions.

2. If you have apprentices on the job, they must have a journeymanworking with them. The ratio must be one-to-one.

3. The Apprenticeship Contribution is not considered part of the fringebenefits. It is totally separate.

4. The Apprenticeship Compliance Statement from our office (or ourwebsite) is the only form you may use. Do NOT modify our form orgenerate your own.

5. As noted on the Apprenticeship Compliance Statement, these forms aredue on the l5th of every month for the length of the project. If no workwas done for that month, send us a copy letting us know there was nowork done.

6. Submit Apprenticeship Compliance Statements with payments to:NMDWS, Public Works Bureau, PO Box 27428, Albuquerque, NM87125-7428

New Mexico Department of Workforce Solutions - Public Works Bureau625 Silver Ave SW Suite 410 -Albuquerque, NM 87102

Phone. (505) 841-4408 Fax: (505) 841-4423

CHECK OUT THE New MexicoDEPARTMENT OF

WORKFORCE SOLUTIONS PublicWEBSITE FOR VALUABLE

INFORMATION Works

www.dws.state.nm.us

Click on "Public Works" Construction-OR-

Bill RichardsonGovernor PHONE:

Public Works Questions: ;Ken Ortiz Patricia - (505) 841- 4409 .. I Alj,

Department of Workforce Lori -(505)841-4408

Solutions Nicolina - (505) 841 - 4403 )iSecretary ~~~~Michael - (505) 841- 4417Secretary - .

FAX Number:(505) 841- 4423

Apprenticeship Questions: ~J.p.(505) 841- 4403

The NM Public Works Minimum Wage "B" - General Building; subcontractors, and second tierAct applies to employers and "C" - Residential; and contractors;employees working on state/locally "H" - Heavy Engineering. d. A wage rate poster must befunded public works construction jobs. displayed in an easily accessibleInformation here is not, an official If 80% of the project is not in one type place at the job site to show allinterpretation of the Act, but this of construction, two or more types of employees what their minimum ratespamphlet can serve as a general guide rates may be issued. A wage decision of pay are; andto the law. You may find additional expires when new wage rates are e. An Affidavit of Wages Paid must beinformation and Rules & Regulations approved - unless the bid opening submitted to the contracting agencyderived from the Act on the NMDWS takes place, or is within 10 days of after a contractor finishes work butweb page at www.dws.state.nm.us taking place. When the bids are opened before the final payment.

before the expiration, those rates aregood for the life of the project 5. When does overtime pay start?

Overtime pay starts after 40 hours of1. How does the Act apply? 3. When is a new Wage Decision work in a seven-day workweek for theThe Act and the Public Works Bureau's required? same employer, regardless of howPolicy Manual govern all public works A new wage decision is required when many projects the employee works on.(PW) construction projects costing more the bids are not opened within 10 daysthan $60,000 and funded in part or in after the approval of new wage rates. 6. How is overtime pay computed?whole by state/local funds. Wages set Then both a new wage decision and Overtime pay is 1.5 times the base payby LID must be paid as a minimum. new rates will apply. with fringes added back. For example, ifEmployees must be paid weekly. If the the base is $12/hr. and the fringeproject has federal funding as well, the 4. What is sent along with a Wage benefit is $2Ihr., the total overtime ratepay is figured by comparing the total Decision? is 12 x 1.5 + 2 or 18 + 2 = 20.rate in each trade from the state and Several forms are sent out with thefederal wage decisions and paying the wage decision that must be used by 7. How can I file a wage claim?higher of the two. contractors: If you think your employer owes you

a. A Notification of Award must be sent more wages, you may file a wage claim2. What is a Wage Decision? to the Public Works Bureau from the at any NMDWS office, or call ourA wage decision is the set of wage contracting agency or general Hotline at 1-888-370-0013. You shouldrates for a specific public works contractor listing all subcontractors keep copies of pay stubs, a diary ofconstruction project. The person putting before work starts; when and where you worked, and thetogether project bid documents b. A Statement of Intent to Pay work performed.requests a wage decision by submitting Prevailing Wages must be sent to 8. What does the term "at will State"a request on our website that describes the contracting agency from each .Wadosteer"twilSt"the scope of work. The type of work contractor, subcontractor and second mean'?determines the type of rates issued. tier contractor before work starts; new mexcos an "at wil State" man hieThe four sets of rates are for: c. An Apprenticeship Contribution tn ier emeansytha an employrla.hr

Compliance Statement (for all exceptanfiempoestwl."A" - Street, Highway, Utility and Light Type "A" projects) is due by the I 51h

Engineering; of each month from all contractors,

PAYROLL STATEMENT OF COMPLIANCEWage Decision No-:

I, ,_do hereby state:(Name of Signatory Party) (Title)

(1) that I pay or supervise the payment of the persons employed by:y(Contractor or Subcontractor)

on the(Name of Project)

that during the payroll period commencing on the _day of_ 20_and ending theday of ,20_, all persons employed on said project have been paid the full weekly

wages earned, that no deductions have been or will be made either directly or Indirectly to or on behalf of saidfrom the full weekly wages earned by any

(Contractor or Subcontractor)person, other than deductions permitted by law. Anyone found in violation of the NM Public Works MinimumWage Act [13-4-11 to 13-4-17 NMSA 1978] could be subject to penalties and debarment.

(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct andcomplete; that the wage rates for laborer or mechanic conform with the work he performed.

(3) That any apprentice(s) employed in the above period are duly registered in a bona fide apprenticeship programregistered with the State Apprenticeship agency recognized by the Bureau of Apprenticeship & Trng., US Dept.of Labor, or properly enrolled in a bona fide training program approved for application on public works constructionprojects by the appropriate state (SAC) and/or federal agency(ies) (BAT) if and as required by law & applicablefederal regulation.

(4) FRINGE BENEFITS: (Please Spell Out Any/Al Acronyms)_(a) ARE PAID TO APPROVED PLAN, FUND, OR PROGRAM in addition to the basic hourly wage rates

paid to each laborer or mechanic listed In the above-referenced payroll, payments of fringe benefits aslisted in the contract have been or will be made to appropriate program for the benefit of such employees.

If paid to an approved plan, fund, orprogram, please rill out name of program wifringe breakdown per hour below:Name of Program Used for Fringe Benefits:

Pension = H-4ealth/Welfare = Holiday/Voc. ILife Ins. = jTraining*(if additional space Is needed for more programs/fringe breakdowns, please attach a separate page.)

FRINGE BENEFITS:1. Pension FRINGE BREAKDOWN SAMPLE:2. Heafth/Welfare n BeAnefit :. Amabntf,%3. Holiday/Vacation ItQ 1Xi9' 1ha/r. K 94. Life Insurance l 45. Training (not Apprenticeship) *

_(b) Paid to Union Program - If paid to a Union and fringe benefits differ from employee to employee, and/or job contract, please provide fringe breakdown for each employee and attach copy of Union contract.

_(c) ARE PAID IN CASH, each laborer or mechanic listed in the above-referenced payroll has been paid asindicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plusthe amount of the required fringe benefits as listed in the contract.

Section 13-1 D-1 to Section 13-1D-B1 NMSA 1978 provides for employers to agree to make contributions toapproved apprentice & training programs in New Mexico in which the employer is a participant to the publicworks apprentice and training fund administered by the Public Works Bureau of the Labor & Industrial Divisionof the New Mexico State Department of Labor. Contributions shall be made in the same manner and In the sameamount as apprentice and training contributions required pursuant to wage rate determinations made by theLabor & Industrlal Division Director.

APPRENTICESHIP CONTRIBUTIONS: (Please check applicable blank)_Check paid to: NM Public Works Apprenticeship & Training Fund - Public Works Bureau, Labor & Industrial Div.__Check paid to: ________________________________ _________

(Name & address of approved Apprenticeship & Training Program (Program No.)

Print Name of Certifying Official: Signature of Certifying Official: Title & Phone No.: Date:The willful falsification of any of the above statements may subject the contractor or subcontractor to civil orcriminal prosecution. See Section 1001 of Title 1 8 and Section 231 of Title 31 of the United States Code

Revised April/2006

New Mexico Department of Workforce Solutions - Public Works SectionP.O. Box 27428, Albuquerque, NM 87125-7428 (new address for payments only)

(505) 841-4403 (505) 841-4420 - Fax

(Payment is not required for Type "A" Projects - Street, Highway, Utility & Light Engineering)

Apprenticeship & Training Contribution Compliance StatementFor the Month of: .20

(Circle One)Contractor / Sub / 2nd Tier Sub:

Address: City:_ State: Zip Phone

Project Name: State Wage Dec.No.(DO NOT submit payments on 100% federally-funded projects)

.I. . .Week - k Wgek' - eek . - p - etr.: : ;-;din - L. ,; fldinl~ .rt -ndi . d-ng 'Eding -,ate

,~~~~~~~~~~~~~~~~~~~~~~~- iSLE -Io[ aIT, - perIt -s Clssif.'

Cla.sifications - - 4 ; /- ,-1 -- 8/2 8/3 --1 Ho]t Hou' tontr I .- e:,_.- -An.->..i .'

L.- ABORERS 4 m 74-- 0 0 30 _ _-. .2 a&

Week Week Week Week Week Appr.Ending Ending Ending Ending Ending Rate Total

Classification(s) Total per Classif.Hours Hour Contr.Amt

PLEASE CHECK APPROPRIATE BLANK:aid to: PUBLIC WORKS APPRENTICESHIP &0 TRAIING FlINT (Mail to P.O. BOX)

Check N W Check Amt_____Wek Wee __Payroll Clerk's (PRINT)Name:_ SiEgnatdire: Phone:_

Forms due by 1 5 1h of each month on every public works project that has apprenticeship contribution on the wagedecision. In accordance with the NM Apprenticeship & Training Act, payment is due for each journey person, even ifyour company has no apprentices.

(WE WILL NOT ACCEPT CREDITS WHEN PAYMENT IS OVER PAID)

P;''achir'ge decision n~ee' a sepatate cotplianci i~tcit~6eisnt-4-uitohly o'ne-'checJkis;'t' eded for ''11--tate' ne' -ts.

(When paying to an approved program, complete section below & mail this foro along with a copy of the check to the

following address: Public Works Bureau, 625 Silver Ave SW, Ste 410, Albuquerque, NM 87102

___Paid to:. Name of Approved NM Apprenticeship ProgramAddress: Phone:_ _

ApprenNticeship ProgramsNo.:freachjou neypersoneveni(If in doubt, call 41-4403)

Print Name of Certifying OfAficial: Phone: o n e:-sh

Signature of Certifying Official: Date: a

Revised 9/2008