Document A102TM - 2007

by Athenahealth
February 2nd, 2017


exhibit1026image15aia.jpg
 
Document A102TM – 2007

Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price


AGREEMENT made as of the _____ day of December, 2016
BETWEEN the Owner:

Athena Arsenal, LLC
311 Arsenal Street
Watertown, MA 02472
Telephone Number: (617) 402-1898

and the Contractor:
C.E. Floyd Company, Inc.
135 South Road
Bedford, MA 01730

for the following Project:
(Paragraph deleted)
Construction of new parking garage sited on the west end of the athenahealth campus in Watertown, MA, and associated site development and utility work. Project site abuts North Beacon Street to the south and Arsenal Street to the north. The Project includes construction of (i) a bridge connection to the existing building known as 311 Arsenal Street, and (ii) a generator pad/retaining wall at the west end of the existing building known as Building 39.
The Architect:
Walker Parking Consultants/Engineers, Inc.
20 Park Plaza, Suite 1202
Boston, MA 02116
Telephone: 617-350-5040
The Owner and Contractor agree as follows.

ADDITIONS AND DELETIONS:
The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.
This document is not intended for use in competitive bidding.
AIA Document A201TM–2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.



Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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TABLE OF ARTICLES
1
THE CONTRACT DOCUMENTS
2
THE WORK OF THIS CONTRACT
3
RELATIONSHIP OF THE PARTIES
4
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
5
CONTRACT SUM
6
CHANGES IN THE WORK
7
COSTS TO BE REIMBURSED
8
COSTS NOT TO BE REIMBURSED
9
DISCOUNTS, REBATES AND REFUNDS
10
SUBCONTRACTS AND OTHER AGREEMENTS
11
ACCOUNTING RECORDS
12
PAYMENTS
13
DISPUTE RESOLUTION
14
TERMINATION OR SUSPENSION
15
MISCELLANEOUS PROVISIONS
16
ENUMERATION OF CONTRACT DOCUMENTS
17
INSURANCE AND BONDS

(Paragraphs deleted)
ARTICLE 1     THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.
The priority for interpreting conflicts in the Contract Documents is set forth in Section 1.2.4 of the General Conditions of the Contract for Construction, AIA Document A201–2007, as modified by the parties and forming a part of the Contract Documents (sometimes referred to herein as "AIA Document A201-2007" or as the "General Conditions of the Contract").
ARTICLE 2     THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

§ 2.1 If performance of the Work has commenced prior to the date of this Agreement, upon execution hereof this Agreement shall supersede all other prior agreements, written or oral, between the parties (except for any separate


Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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agreement relating to preconstruction services as described in Section 2.2), and all Work and services performed by the Contractor in connection with the Project prior to the date of execution of this Agreement shall be covered by this Agreement and for all purposes deemed to have been performed pursuant to this Agreement.
§ 2.2 The Contractor has performed preconstruction services in connection with the Project prior to execution of this Agreement, including cost estimating, investigations of existing conditions, design review, consultation concerning construction feasibility and schedule, value engineering and other services. Such preconstruction services shall continue to be performed under this Agreement. Compensation to the Contractor on account of such preconstruction services shall be in accordance with the terms of the Preconstruction Services Agreement previously entered into by the parties.
§ 2.3 By executing this Agreement, the Contractor acknowledges that it has reviewed the design documents for clarity, completeness, constructability and coordination among trades. The intent of the Contractor’s participation in the investigation of existing conditions, review of the design documents, and other preconstruction activities is that the Contractor shall have, prior to commitment to a Guaranteed Maximum Price (GMP) and schedule for the Project, full and complete information as necessary concerning existing conditions at and surrounding the site and a full and complete understanding of the intent of, and specific requirements relating to, the design of the Work and the Owner’s objectives. If, in the course of its review of the design documents or its investigation of existing conditions or otherwise, the Contractor has discovered within the Drawings and Specifications or other design documents any errors, inconsistencies, ambiguities, omissions, lack of coordination or other discrepancies, non-compliance with building codes or other applicable laws, or constructability concerns (collectively, "discrepancies or omissions"), the Contractor shall promptly notify the Owner and the Architect in writing. The Contractor shall not be entitled to make a claim for additional cost or extension of time based on (i) any discrepancies or omissions in the design documents on which the Guaranteed Maximum Price is based, if the Contractor discovered such discrepancies or omissions during its review of the design documents but did not notify the Owner and the Architect as provided, or (ii) any alleged failure of the Construction Documents to be constructible, or (iii) existing conditions at the site, if such existing site conditions were discovered by the Contractor during the preconstruction phase or should have been discovered by the Contractor in the exercise of reasonable care as a construction manager in the investigation of existing conditions at the site.

ARTICLE 3     RELATIONSHIP OF THE PARTIES
The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor’s best skill, effort and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to (a) exercise best efforts to furnish and (b) approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents.

ARTICLE 4     DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 4.1 The date of commencement of the Work shall be the date set forth in a written notice to proceed issued by the Owner.
(Paragraphs deleted)
§ 4.2 The Contract Time shall be measured from the date of commencement.
§ 4.3 The GMP Amendment (hereafter defined) shall include a detailed critical path method master construction schedule for the Work (such master construction schedule, as amended from time to time with the written consent of the Owner, is referred to in the Contract Documents as the "Construction Schedule"), and the GMP Amendment shall specify the agreed date for Substantial Completion of the Work (the "Required Substantial Completion Date"). The Contractor shall achieve Substantial Completion of the
(Paragraphs deleted)
Work no later than the Required Substantial Completion Date, and shall achieve final completion of the Work no later than sixty (60) days after Substantial Completion, subject to adjustments of the Contract Time as provided in the Contract Documents.

(Paragraph deleted)



Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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§ 4.4 The Contractor acknowledges that the Owner will sustain costs or damages if the Contractor fails to achieve Substantial Completion on or before the Required Substantial Completion Date, including without limitation costs of alternative parking facilities or arrangements, additional administrative and professional costs, including additional fees of the Architect, the Owner’s representative or other consultants, and other losses and expenses, which would not have been incurred if the Required Substantial Completion Date had been met. If the Contractor fails to achieve Substantial Completion within a grace period of fourteen (14) days after the Required Substantial Completion Date (as adjusted by Change Orders in accordance with the Contract Documents), the Contractor shall be liable to the Owner for the Owner’s costs and damages arising out of such failure.

ARTICLE 5     CONTRACT SUM
§ 5.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor’s Fee.

§ 5.1.1 The
(Paragraphs deleted)
Contractor Fee shall be equal to two and three quarters percent (2.75%) of the Cost of the Work. The Contractor’s Fee is intended to compensate the Contractor for all profit and all direct and indirect overhead for the performance of all of the Work in accordance with the Contract Documents.
§ 5.1.2 Adjustment of the Contractor’s Fee on account of changes in the Work shall be determined as provided in Section 6.2.
§ 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work are stated in Article 7 of the General Conditions of the Contract.
§ 5.1.4 Intentionally omitted.
§ 5.1.5 Unit prices, if
(Paragraphs deleted)
any, are set forth in the Specifications.
(Table deleted)
§ 5.2 GUARANTEED MAXIMUM PRICE
§ 5.2.1
(Paragraphs deleted)
At a time to be mutually agreed upon by the Owner and the Contractor, the Contractor shall prepare a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Contractor’s estimate of the Cost of the Work, including contingency as described in Section 7.10, and the Contractor’s Fee.
§ 5.2.2
(Paragraphs deleted)
To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Contractor shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order.

§ 5.2.3 The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following:
.1
A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract;
.2
A list of the clarifications and assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 5.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications;
.3
A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories, and including allowances, alternates accepted by the Owner, contingency, and the Contractor’s Fee;



Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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(Paragraph deleted)
.4
The date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and
.5
A date by which the Owner must accept the Guaranteed Maximum Price (not less than 30 days).
(Table deleted)
§ 5.2.4 The Contractor shall meet with the Owner to review the Guaranteed Maximum Price proposal. In the event that the Owner discovers any inconsistencies or inaccuracies in the information presented, appropriate adjustments shall be made to the Guaranteed Maximum Price proposal, its basis, or both.
§ 5.2.5 If the Owner notifies the Contractor that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Contractor. Following acceptance of a Guaranteed Maximum Price, the Owner and Contractor shall execute a Guaranteed Maximum Price Amendment amending this Agreement (the "GMP Amendment"). The GMP Amendment shall set forth the agreed upon Guaranteed Maximum Price (also referred to in the Contract Documents as the "GMP") with the information and assumptions upon which it is based, including the date by which the Contractor shall achieve Substantial Completion of the Work.
§ 5.2.6 The Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the GMP Amendment, unless the Owner provides prior written authorization for such costs.
§ 5.2.7 The Contractor shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted, whether or not yet effective, at the time the GMP Amendment is executed.
§ 5.2.8 If upon completion of the Work the sum of the Cost of the Work and the Contractor’s Fee is less than the Guaranteed Maximum Price set forth in the GMP Amendment ("GMP Savings"), 100% of such savings shall be retained by, and shall belong to, the Owner, except as hereafter provided. If the Contractor achieves Substantial Completion of the Work (as defined in Section 9.8.1 of the General Conditions of the Contract) on or before the Required Substantial Completion Date, the Contractor shall be entitled to thirty percent (30%) of the GMP Savings. If the Contractor achieves Substantial Completion of the Work on or before the Required Substantial Completion Date and achieves final completion of the Work within thirty (30) days after Substantial Completion, the Contractor shall be entitled to an additional twenty percent (20%) of the GMP Savings, for a maximum total of fifty percent (50%) of the GMP Savings. The Contractor’s share of the GMP Savings, if any, shall be paid following completion of the Work and review by the Owner of the Contractor’s final accounting. If the Contractor does not achieve Substantial Completion by the Required Substantial Completion Date, the Contractor shall not be entitled to share in the GMP Savings.
§ 5.2.9 The Contractor represents to the Owner that the cost of each Allowance item included in the GMP is a reasonable estimate of the actual Cost of the Work associated with such Allowance item. If the Contractor determines that the Cost of the Work associated with any Allowance item is likely to exceed the corresponding Allowance amount listed for such item, the Contractor shall promptly notify the Owner in writing. Upon receipt of any such notice from the Contractor, the Owner may, in its sole discretion, either: (1) issue a Construction Change Directive or execute a Change Order which increases the Guaranteed Maximum Price by the additional amount necessary to furnish or construct such item; or (2) direct the redesign and/or reselection of such Allowance item to reduce the anticipated cost of furnishing or constructing such item (in which event the Contractor shall, and shall cause its Subcontractors to, cooperate in such redesign and/or reselection by evaluating the cost and construction-related issues of the proposed alternatives). If the actual Cost of the Work associated with any Allowance item is less than the corresponding cost for such item as listed, the Guaranteed Maximum Price shall be reduced by the difference between the cost for such item as listed and the actual cost of such item
(and the Contractor shall execute a Change Order so reducing the Guaranteed Maximum Price).
ARTICLE 6     CHANGES IN THE WORK
§ 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Section 7.1 of AIA Document A201–2007, General Conditions of the Contract for Construction.



Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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§ 6.2 The Contractor shall be allowed a mark-up for its Fee on changes increasing the GMP equal to the Contractor’s Fee percentage specified in Section 5.1.1, to be applied to the net increase in the direct cost to the Contractor of the extra work or changes in the Work, whether performed by the Contractor’s own forces or by Subcontractors. Mark-ups payable to Subcontractors shall be as specified in the General Conditions of the Contract. Change Work and any other Work performed by the Contractor’s own forces on a "time and materials" basis shall be compensable to the Contractor at rates approved by the Owner in writing in advance, which rates shall not exceed the hourly billing rates set forth in Exhibit G attached hereto, which rates are all inclusive (i.e., the rates include all payroll and other taxes, insurance, contributions, assessments and other benefits, etc.). Additional compensation to the Contractor on account of general conditions, general requirements, superintendence or overhead in connection with a change in the Work shall be allowed only if the Contractor can demonstrate that the change in the Work requires the Contractor to devote additional manpower or other resources on the Project. The Contractor’s billing rates shall be subject to adjustment on an annual basis at the end of each calendar year (the adjustment effective for 2017 is shown on Exhibit G).
§ 6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document 201-2007 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Contractor’s Fee as defined in Section 5.1.1 of this Agreement.
(Paragraph deleted)
ARTICLE 7     COSTS TO BE REIMBURSED
§ 7.1 COST OF THE WORK
§ 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 7.
§ 7.1.2 Where any cost is subject to the Owner’s prior approval, the Contractor shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing this Agreement.
§ 7.2 LABOR COSTS
§ 7.2.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops.
§ 7.2.2 Wages or salaries of the Contractor’s supervisory and administrative personnel when stationed at the site with the Owner’s prior approval, at the stipulated hourly billing rates set forth in Exhibit G.
§ 7.2.3 Wages and salaries of the Contractor’s supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, with the Owner’s prior approval, but only for that portion of their time required for the Work, at the stipulated hourly billing rates set forth in Exhibit G.
§ 7.2.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. All such costs are included in the stipulated hourly billing rates set forth in Exhibit G. The Contractor’s personnel shall not be chargeable to the Project as Cost of the Work during periods of absence due to vacation or illness.
§ 7.2.5 Stipulated hourly billing rates for the Contractor’s supervisory and administrative personnel are stated in Exhibit G (which rates are all-inclusive). The stipulated billing rates set forth in Exhibit G are not subject to audit. Notwithstanding the foregoing, Owner shall have the right to request verification of the job title and experience of any of Contractor’s personnel in order to verify that the Contractor’s personnel are billed at the appropriate rate. The stipulated billing rates set forth in Exhibit G are subject to annual adjustment as provided in Section 6.2.
§ 7.3 SUBCONTRACT COSTS
Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts.



 
 




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Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:30:39 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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§ 7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
§ 7.4.1 Costs, including transportation and storage (if such storage and costs therefor have been specifically approved by the Owner in advance) of materials and equipment incorporated or to be incorporated in the completed construction, less all discounts and rebates.
§ 7.4.2 With the prior approval of the Owner, costs of materials, supplies, and equipment in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner’s option, shall be sold by the Contractor; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work.
§ 7.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS
§ 7.5.1 Costs, including transportation, storage (if such storage and costs therefor have been specifically approved by the Owner in advance), installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market value.
§ 7.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site ("Rental Items"), whether rented from the Contractor or others, and costs of transportation, installation, minor repairs, dismantling and removal thereof. Rates and quantities of Rental Items shall be subject to the Owner’s prior approval. Rental rates for Contractor-owned and Related Party (hereafter defined) owned equipment shall not exceed the standard rate paid at the place of the Project.
§ 7.5.2.1 Rental Items which are expected to cost in excess of Ten Thousand Dollars ($10,000) shall be obtained on the basis of competitive bids, and any negotiated discounts, savings, rebates, etc. shall be passed on to the Owner.
§ 7.5.2.2 Rental charges shall be consistent with those generally prevailing in the location of the Project. In no event shall the Contractor be entitled to reimbursement for any cumulative total of rental charges in connection with any single piece of machinery or equipment in excess of one hundred percent (100%) of its fair market value as of the date that such machinery or equipment is first put into service in connection with the Work. The Contractor shall pay any excess rental charges outside of the Cost of the Work.
§ 7.5.2.3 Equipment purchased and charged to the Project as a reimbursable cost shall become the property of the Owner or, at the Owner’s election, shall be sold by the Contractor and the proceeds of such sale shall be paid to the Owner or credited to the Owner as a deduction from the Cost of the Work.
§ 7.5.2.4 Any lease/purchase rental arrangements must be disclosed to the Owner. If the Contractor purchases equipment under a lease/purchase arrangement whereby rental payments were charged to the Owner as reimbursable costs, an appropriate credit will be given to the Owner for the fair market value of the equipment at the time it was last used on the Project.
§ 7.5.2.5 All costs incurred for normal wear and tear shall be reimbursed at actual cost. Such costs include routine and preventative maintenance, minor repairs and other incidental costs. Major repairs and overhauls are not considered routine and ordinary. Consequently, such costs are not reimbursable and are intended to be covered by the rental rates. Incoming and outgoing shipping costs will be paid for Contractor-owned and Related Party (hereafter defined) tools and equipment when shipping equipment to and from the Contractor’s or Related Party’s equipment yard. Incoming shipping costs from other locations will only be paid if the total mileage from that location is less than the total mileage from the Contractor’s closest equipment yard to this Project. Outgoing shipping costs to another project are not reimbursable, and are the responsibility of the Contractor.
§ 7.5.2.6 The Contractor will determine whether hourly, daily, weekly or monthly rates shall apply, based on which rates will be most economical to the Owner based on the circumstances of actual usage.



 
 




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AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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§ 7.5.2.7 "Fair market value" for used material and equipment as referred to in this Section 7.5 shall mean the estimated price a reasonable purchaser would pay to purchase the used material or equipment at the time it was initially needed for the Project.
§ 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal.
§ 7.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office.
§ 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior written approval.
§ 7.6 MISCELLANEOUS COSTS
§ 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract, in accordance with billing rates agreed upon by the parties.
§ 7.6.2 Sales, use or similar taxes imposed by a governmental authority that are necessarily incurred in the performance of the Work and for which the Contractor is liable.
§ 7.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay.
§ 7.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201–2007 or by other provisions of the Contract Documents.
§ 7.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner’s consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor’s Fee or subject to the Guaranteed Maximum Price. The Contractor shall not enter into any agreement which requires the payment of royalties or license fees without the prior written consent of the Owner. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201–2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work.
§ 7.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval.
§ 7.6.7 Deposits lost for causes other than the fault or negligence of the Contractor, any Subcontractor or supplier or any other party for whom the Contractor is responsible.
(Paragraphs deleted)
§ 7.7 OTHER COSTS AND EMERGENCIES
§ 7.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner.
§ 7.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007, unless such emergency results from the fault or negligence of the Contractor, any Subcontractor or any other party for whom the Contractor is responsible.
§ 7.7.3 Costs of repairing damaged Work executed by the Contractor, Subcontractors or suppliers, provided that such damaged Work was not caused by negligence or failure to fulfill a specific responsibility of the Contractor or any Subcontractor or other parties for whom the Contractor is responsible, and only to the extent that the cost of repair is not recoverable by the Contractor from insurance, sureties, Subcontractors, suppliers, or others.



 
 




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AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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§ 7.8 RELATED PARTY TRANSACTIONS
§ 7.8.1 The term "Related Party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Contractor; any entity in which any stockholder in, or management employee of, the Contractor owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Contractor. The term "Related Party" includes any member of the immediate family of any person identified above.
§ 7.8.2 The Contractor shall not perform any Work (other than General Conditions Work, as hereafter defined) with its own forces, nor shall any Work be performed by a Related Party, without the Owner’s prior approval in its sole discretion. If any such approval is given, the award of a contract for such work shall be subject to such conditions as the Owner may determine. Without limitation, where such approval is given, except as otherwise agreed in writing by both parties hereto, the Contractor must competitively bid any trade Work that the Contractor wishes to perform with the Contractor’s own forces or through a Related Party and shall obtain no less that two (2) additional responsive bids from responsible Subcontractors acceptable to the Owner. The Contractor’s or Related Party’s bid shall be submitted to the Owner at least one day in advance of the Contractor’s receipt of bids from the unaffiliated Subcontractors. The Contactor or Related Party shall be permitted to perform such trade Work only if (i) the Owner consents thereto in writing after full disclosure in writing by the Contractor to the Owner of the affiliation or relationship of the Related Party to the Contractor and (ii) the Owner approves in writing any subcontract, contract, purchase order, agreement or other arrangement between the Contractor and such Related Party in form and substance. Any trade Work performed by the Contractor’s own forces or by a Related Party may, at the Owner’s election, be covered by a separate agreement between the Owner and the Contractor or Related Party. Such agreement shall, without limitation, satisfy all requirements for Subcontractors as set forth in Section 5.3.1 of AIA Document A201-2007.
§ 7.9 GENERAL CONDITIONS COSTS
The costs of all items listed in Exhibit E under the heading General Conditions that may be required (such items are sometimes referred to in the Contract Documents collectively as the "General Conditions Work"), are referred to herein collectively as the "General Conditions Costs." The Contractor will be reimbursed on account of General Conditions Costs based on actual verified Cost of the Work and subject to the terms and conditions set forth in Section 7.2 of this Agreement.
§ 7.10 CONTINGENCY
§ 7.10.1 The estimated Cost of the Work and the GMP shall include the Contractor’s contingency (the
"Contingency"), a sum (which is not an Allowance) established by the Contractor for its sole and exclusive use to cover costs arising under Section 5.2.2, subcontract cost overruns in purchasing, gaps in scope purchased from subcontractors, cost overruns in general conditions costs, resolution of subcontractor disputes, overtime, unanticipated charges and additional expenses due to errors in estimating both time and money and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order. The Contingency excludes costs and expenses associated with concealed conditions not reasonably anticipated, design defects or deficiencies, or changes in the Work, all of which shall be borne by the Owner via a Change Order. The Contractor shall provide written notice to the Owner and shall identify items and amounts for which the Contractor seeks to use the Contingency. Use of the Contingency shall require the Owner’s approval in each instance, such approval not to be unreasonably withheld. After the GMP has been agreed to by the parties, as subcontracts and supply contracts are awarded as provided in Article 10, if the contract price of any subcontract as awarded is less than the amount carried for such subcontract in the GMP Breakdown (Schedule of Values), the Contingency shall be increased by the amount of such savings, and if the contract price of any subcontract as awarded is higher than the amount carried for such subcontract in the GMP Breakdown (an "Overrun"), the Contingency shall be decreased by the amount of such Overrun. Any savings adjustments added to the Contingency will be reviewed in connection with monthly requisitions.
§ 7.10.2 In addition to the items set forth in Section 7.10.1 above, the Contingency may be used to cover additional Cost of the Work resulting from conditions, circumstances and events not evidenced at the time the parties execute this Agreement, or at the time the Contractor awards a subcontract, as applicable, to the extent that such conditions, circumstances or events do not result in or constitute a change in the Work. Examples of such unanticipated conditions, circumstances and events include, but are not limited to, the following:
.1
Overruns on the Contractor’s procurement of subcontracts or purchases of materials or equipment provided the same are not caused by the gross negligence, willful misconduct or breach of contract
    

 
 




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AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:30:39 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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of the Contractor or any Subcontractor;
.2
costs incurred by the Contractor in the protection, alteration or relocation of known utility equipment;
.3
deductible amounts the Contractor is required to pay, if any, with respect to claims under property insurance policies obtained by the Owner;
.4
expediting or acceleration costs required to meet the construction schedule, provided the same are not made necessary by the gross negligence, willful misconduct or breach of contract of the Contractor or any Subcontractor (costs of acceleration requested by the Owner for its own purposes and not attributable to the delay or other fault of the Contractor shall be compensated as a change in the Work, and shall not be funded from the Contingency); and
.5
costs of repairing or correcting damaged or non-conforming Work, subject to the provisions of Section 7.10.3.
The Contingency can be used only for Cost of the Work. In the event the Contingency funds are exhausted, the GMP shall not be increased.
§ 7.10.3 Where use of Contingency for corrective work is requested, the following guidelines shall apply. If it is necessary to repair or correct damaged or nonconforming Work: (i) if responsibility for such damaged or nonconforming Work can be attributed to a Subcontractor, Sub-subcontractor, supplier or other identifiable party, responsibility for any costs associated with such repair or correction (to the extent not reimbursed by insurance proceeds, i.e., within the deductible, if applicable) shall be assigned by the Contractor to the responsible party or parties, and the costs of such repair or correction shall not be reimbursable by the Owner under the Contract, from Contingency or otherwise, and (ii) if responsibility for such damaged or nonconforming Work cannot be attributed to an identifiable party or parties, the costs of repairing or correcting such damaged or nonconforming work (to the extent not reimbursed by insurance proceeds, i.e., within the deductible, if applicable) shall be reimbursable under the Contract as Cost of the Work to the extent of the remaining balance, if any, of the Contingency and without increase in the GMP. If the Contractor believes that the damaged or nonconforming work was caused by the Owner or a third party and without fault or negligence of the Contractor, a Subcontractor, Sub-subcontractor or supplier, then the Contractor shall request a change in the Work or make a claim for additional cost as provided in the Contract Documents.
ARTICLE 8     COSTS NOT TO BE REIMBURSED
§ 8.1 The Cost of the Work shall not include the items listed below:
.1
Salaries and other compensation of the Contractor’s personnel stationed at the Contractor’s principal office or offices other than the site office, except as specifically provided in Section 7.2 or as may be provided in Article 15;
.2
Expenses of the Contractor’s principal office and offices other than the site office;
.3
Overhead and general expenses of any kind, including in-house computer (hardware and software) expenses, data processing costs, mobile phone charges, and the costs of bookkeeping, accounting (other than Project accounting), billing/collections, insurance/risk management and supervisory and executive time, except to the extent any of such items are expressly included in Article 7 or are included in the GMP breakdown as accepted by the Owner;
.4
The Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work;
.5
Costs due to the gross negligence or failure of the Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility under the Contract;
.6
Any cost not specifically and expressly described in Article 7;
.7
Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded;
.8
Costs or losses resulting from lost, damaged or stolen tools and equipment, except that such costs shall be reimbursable to the extent included in the GMP breakdown as accepted by the Owner;
.9
Penalties, fines or other costs imposed by governmental authorities in connection with, or resulting from any violation of or non-compliance with laws, codes, regulations, ordinances or directives from any governmental authority;

 
 




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AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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.10
Any legal fees, mediation or arbitration costs or claim-related expenses incurred by the Contractor, unless the same are incurred at the written direction of, or with the prior written approval of, the Owner;
.11
Travel or meal expenses, personnel relocation or temporary living expenses, commuting costs or charges for vehicles used by the Contractor’s personnel except to the extent included in the GMP breakdown as accepted by the Owner, or as otherwise specifically approved in advance by the Owner in writing;
.12
Any cost incurred by the Contractor or any Subcontractor as a result of knowing violation of or failure to comply with the provisions of the Contract Documents;
.13
Costs incurred by the Contractor after its application for final payment.
.14
[intentionally omitted];
.15
Costs of loss or damage to property of the Contractor or any Subcontractor within the deductible under any insurance maintained by the Contractor or Subcontractor shall be reimbursable as a Cost of the Work, not to exceed $2500 per loss. Any other self-insured losses, or costs covered by any insurance carried by the Contractor or a Subcontractor, or costs which would have been covered by insurance but for failure of the Contractor or Subcontractor to maintain the insurance coverage required by the Contract Documents, shall not be reimbursable as Cost of the Work;
.16
Costs of employee bonuses and executive bonuses whether or not based in whole or in part on performance related to the Work except to the extent included in the GMP breakdown as accepted by the Owner, or otherwise with the Owner’s prior written approval;
.17
Any costs or expenses in connection with any indemnity provided by Contractor pursuant to the Contract Documents; .
.18
Costs incurred or paid for recruiting employees (whether to third party recruiters or to employees); and
.19
Severance or similar payments on account of terminated employees.
ARTICLE 9     DISCOUNTS, REBATES AND REFUNDS
§ 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. The Contractor shall not obtain for its own benefit any discounts, rebates or refunds in connection with the Work prior to providing the Owner with thirty (30) days prior written notice of the potential discount, rebate or refund and an opportunity to furnish funds necessary to obtain such discount, rebate or refund on behalf of the Owner in accordance with the requirements of this Section 9.1.
§ 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work and shall reduce the amount of the GMP by the same amount.
ARTICLE 10     SUBCONTRACTS AND OTHER AGREEMENTS
§ 10.1 All Work other than General Conditions Work shall be performed under subcontracts or by other appropriate agreements with the Contractor. In accordance with the Construction Schedule, or other schedule agreed upon between the Owner and the Contractor, the Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment based on bid lists previously reviewed by the parties. Except as otherwise approved by the Owner, a minimum of three bids shall be solicited for each trade or other portion of the Work. Subcontractor bid packages shall be prepared by the Contractor and shall include a trade-specific scope definition, and a complete detailed construction schedule prepared by the Contractor and approved by the Owner and the Architect. The Contractor shall be responsible for reviewing all Construction Documents included in such bid packages, so as to ensure that the Subcontractor bids, taken together, include all necessary construction work for the Project. The buyout (procurement of Subcontractors and suppliers to perform or supply all portions of the Work) will be conducted on an "open-book" basis. The Owner and the Contractor shall jointly review all bids and proposals submitted. The Contractor shall analyze and level the bids, and prepare a spreadsheet and recommendation for each trade. The Contractor’s recommendation for award shall include all pertinent data required for decision upon the award and a certification that, to the best of its knowledge, the bid of the recommended subcontractor or supplier is bona fide, fair and reasonable. The Owner and its representatives may, at their election, participate in all negotiations and attend all pre-bid conferences, buyout meetings and other meetings between the Contractor and

 
 




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AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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prospective major Subcontractors or suppliers, and the Contractor shall notify the Owner’s representatives in writing reasonably in advance of each meeting or telephone negotiation with a prospective Subcontractor or supplier so that the Owner will have the opportunity to participate at its election. Copies of all final bids received by the Contractor from any prospective Subcontractor or supplier shall be delivered to the Owner’s representatives within 48 hours of receipt or delivery. The Owner will determine, with the advice of the Contractor and the Architect, which bids will be accepted. The Owner may suggest specific persons or entities from whom the Contractor may obtain bids; however, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids from other qualified bidders to which the Owner has no reasonable objection. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection.

§ 10.2 When a specific bidder (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work and has not previously been objected to by the Owner; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requests that another bid be accepted, then the Guaranteed Maximum Price shall be subject to adjustment at the request of the Owner or the Contractor in accordance with the following. If the effect of the Owner’s requests for selected subcontractors and suppliers is the selection of subcontractors and suppliers whose bids, in the aggregate, exceed those of the bidders recommended by the Contractor, the Guaranteed Maximum Price shall be adjusted in accordance with Section 5.2.3 of the General Conditions of the Contract.
§ 10.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis, the Contractor shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11, below.
(Paragraphs deleted)
§ 10.4 All Subcontracts and purchase orders shall be awarded according to the procedures in this Article 10. The Contractor shall contract in its own name and behalf, and not in the name or behalf of the Owner, with the selected subcontractor or supplier. The Contractor shall promptly deliver to the Owner a copy of all executed Subcontracts and, if requested by the Owner, purchase orders entered into in connection with the Project.
§ 10.5 The Contractor hereby conditionally assigns to the Owner all Subcontracts now or hereafter executed by the Contractor in connection with the Work and in accordance with the requirements of the Contract Documents.
.1
Such assignment shall become an effective and present assignment only upon a termination by the Owner of this Agreement in accordance with the provisions of the Contract Documents and only as to those Subcontracts which the Owner accepts in writing.
.2
This Section 10.5 shall serve as the instrument of assignment at such time as the assignment provided for above becomes effective. The Contractor agrees, however, at the Owner’s request, to execute whatever instruments the Owner requests to confirm such assignment.
§ 10.6 The Contractor shall be responsible to the Owner for the compliance by each Subcontractor and
Sub-subcontractor with the requirements of all applicable provisions of the Contract Documents and of all applicable laws, rules, and regulations, to the same extent the Contractor would be responsible if the work to be performed by such Subcontractor or Sub-subcontractor were being performed by the Contractor’s own forces.
ARTICLE 11     ACCOUNTING RECORDS
The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor’s records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, purchase orders, vouchers, memoranda and other Records (as defined below) and data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. If requested by the Owner, the Contractor shall segregate and allocate costs attributable to designated portions of the Work.

 
 




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AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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§ 11.1 The Owner reserves the right to audit, examine and copy, at reasonable times and places, all Records (as defined below) of the Contractor (including records made by Subcontractors, Sub-subcontractors, suppliers, and vendors to the extent such records are contained in the Contractor’s Records) pertaining to the Work of this Project during the construction period and for a period of one year after final completion or longer if required by law. Notwithstanding anything contained in this Agreement or the Contract Documents to the contrary, the Owner’s audit rights shall not extend to any lump sum prices, unit rates, established charges or fixed percentages or multipliers agreed to or stipulated by the parties.
§ 11.2 Records subject to audit, examination, and copying shall include but not be limited to accounting records (hard copy as well as computer readable data), written policies and procedures, subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.), original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), back-charge logs and supporting documentation, general ledger entries detailing cash and trade discounts earned, insurance rebates and commitments, notes, daily diaries, superintendent reports, drawings, photographs, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the Owner’s judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Document (all the forgoing herein referred to as "Records").
§ 11.3 The Contractor will cooperate fully and will cause all Related Parties and all of the Contractor’s Subcontractors to cooperate fully in furnishing or in making available to the Owner from time to time whenever requested in an expeditious manner any and all such information, materials and data.
§ 11.4 The Owner’s agent or its authorized representative shall have access to the Contractor’s facilities, shall be allowed to interview any current or former employee of the Contractor, shall have access to all necessary records, and shall be provided adequate work space and photocopy facilities, at Owner’s cost, in order to conduct audits or examinations in compliance with this article.
§ 11.5 If any inspection or audit of the Records by the Owner reveals an overcharge, the Contractor shall promptly reimburse the Owner for such overcharge.
ARTICLE 12     PAYMENTS
§ 12.1 PROGRESS PAYMENTS
§ 12.1.1 Based upon Applications for Payment, including all supporting documentation, submitted to the Owner by the Contractor and Certificates for Payment issued by the Owner’s representative, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The Contractor’s Applications for Payment shall be submitted on AIA Document G702 together with AIA Document G703, or other forms directed by the Owner.
§ 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

§ 12.1.3 The Owner shall make payment to the Contractor of the amount certified by the Owner’s representative not later than thirty (30) days after a complete (i.e., with full supporting documentation) final Application for Payment is received by the Owner’s representative. The Contractor’s draft ("pencil") Application for Payment with available supporting material shall be due on or about the 25th of the month, Owner’s representative’s comments shall be due on or about the last day of the month, and the Contractor’s final Application shall be due on or about the 3rd of the month, unless these days fall on a weekend or a Federally recognized holiday, in which case the due date shall be on or about the next business day.
§ 12.1.4 With each Application for Payment, the Contractor shall submit a cost report in form approved by the Owner, including copies of invoices from all Subcontractors and suppliers, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment. In addition to other required items, each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner.



 
 




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AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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§ 12.1.4.1 A duly executed Partial Waiver and Subordination of Lien from the Contractor in the form attached hereto as Exhibit I;
§ 12.1.4.2 Duly executed Partial Lien and Claim Waiver, in the form attached hereto as Exhibit J, from all Subcontractors and suppliers (and, to the extent requested by the Owner, Sub-subcontractors and lower tier suppliers);
§ 12.1.4.3 Applications for payment from each Subcontractor on AIA Document G702 together with AIA Document G703;
§ 12.1.4.4 A progress report updating the actual status of construction against the most recent Construction Schedule;
§ 12.1.4.5 Prior to or with the first Application for Payment which requests a cash disbursement for each Subcontractor, an updated schedule of values reflecting the actual subcontract price for such Subcontractor;
§ 12.1.4.6 Such other information, documentation and material as the Owner or the Architect may require.
§ 12.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved by the Owner and the Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Contractor’s Fee, General Conditions Costs and Contingency shall be shown as separate items. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner and the Architect may require. This schedule, unless objected to by the Owner or the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.
§ 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values (as shown on the most recent GMP Breakdown approved by the Owner).
§ 12.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:
.1
Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values (General Conditions Costs shall be calculated based on actual cost);
.2
Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing;
.3
Add the Contractor’s Fee. The Contractor’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;
.4
Subtract retainage at the rate of five percent (5%) applied to all items listed above, provided that no retainage shall be withheld on General Conditions Costs, insurance costs and building permit fees;
.5
Subtract the aggregate of previous payments made by the Owner;
.6
Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and
.7
Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007.



 
 




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AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:30:39 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
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§ 12.1.8 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments of retainage to Subcontractors.
§ 12.1.9 In taking action on the Contractor’s Applications for Payment, the Architect and other Owner’s representatives shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Architect or other Owner’s representatives have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 12.1.4 or other supporting data; that the Architect or other Owner’s representatives have made exhaustive or continuous on-site inspections; or that the Architect or other Owner’s representatives have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.
§ 12.1.10 A rejection by the Architect or Owner’s representative of an Application for Payment, whether in whole or in part, shall be made in writing within five (5) business days after receipt of the Application for Payment and shall include an explanation of the factual and contractual basis for the rejection and shall be certified as made in good faith. Failure by the Architect or the Owner’s representative to reject in writing an Application for Payment (whether a draft "pencil" Application for Payment or the official Application for Payment) within five (5) business days of receipt of such Application for Payment by the Architect or Owner’s representative, as applicable, shall constitute approval by the Architect or Owner’s representative, as applicable, of the Application for Payment as submitted. Such rejection shall be subject to the applicable dispute resolution procedure provided in the Contract Documents. Any provision in the Contract Documents which requires a party to delay commencement of the applicable dispute resolution procedure until a date later than sixty (60) days after the rejection shall be of no effect.
§ 12.1.11 Except with the Owner’s prior express approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.
§ 12.1.12 Upon Substantial Completion of the Work, the Owner shall pay the full Contract Sum to the Contractor except for amounts withheld in accordance with Section 9.8.8 of AIA Document A201-2007.
§ 12.1.13 Nothing contained in this Section 12.1 is intended to or shall be interpreted to be inconsistent with the provisions of M.G.L. ch.149, section 29E, and the parties intend that the payment procedures under this Contract shall comply with such statutory provisions.
§ 12.2 FINAL PAYMENT
§ 12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when
.1
the Contractor has fully performed the Contract (including without limitation satisfaction of all conditions to final payment as provided in Section 9.10 of the General Conditions of the Contract) except for the Contractor’s responsibility to correct defective or nonconforming Work as provided in Section 12.2.2 of the General Conditions of the Contract, and to satisfy other requirements, if any, which extend beyond final payment;
.2
the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment with all supporting documentation; and
.3
a final Certificate for Payment has been issued by the Architect.
§ 12.2.2 The Owner or, at Owner’s election, the Owner’s auditors may review and report in writing on the Contractor’s final accounting within 45 days after delivery of the final accounting to the Owner by the Contractor. Based upon such Cost of the Work as the Owner and/or the Owner’s auditors report to be substantiated by the Contractor’s final accounting, and provided the other conditions of Section 12.2.1 have been met, the Owner’s representative will, within seven days after receipt of the written report of the Owner and/or the Owner’s auditors, either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the reasons for withholding a certificate as provided in Section 9.5.1 of AIA Document A201-2007. The time periods stated in this Section 12.2.2 supersede those stated in Section 9.4.1 of AIA Document A201-2007. The Architect and other Owner’s representatives are not responsible for verifying the accuracy of the Contractor’s final accounting.



Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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§ 12.2.3 If the Owner and/or the Owner’s auditors report the Cost of the Work as substantiated by the Contractor’s final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of AIA Document A201-2007. A request for mediation shall be made by the Contractor within 30 days after the Contractor’s receipt of a copy of the final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner and/or the Owner’s auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the final Certificate for Payment.
§ 12.2.4 The Owner’s final payment to the Contractor shall be made no later than 30 days after the conditions provided in Section 12.2.1 have been met, including issuance of the final Certificate for Payment.
§ 12.2.5 Release of retainage on subcontracts shall be made pursuant to M.G.L. c.149, § 29F.
ARTICLE 13     DISPUTE RESOLUTION
§ 13.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to the Agreement, to serve as Initial Decision Maker.
(Paragraphs deleted)

§ 13.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as provided in Article 15 of AIA Document A201-2007.
(Paragraphs deleted)

ARTICLE 14     TERMINATION OR SUSPENSION
§ 14.1 Termination Prior to Establishment of the Guaranteed Maximum Price
§ 14.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Contractor for the Owner’s convenience and without cause, and the Contractor may terminate this Agreement, upon not less than seven days’ written notice to the Owner, for the reasons set forth in Section 14.1.1 of AIA Document A201-2007.
§ 14.1.2 In the event of termination of this Agreement pursuant to Section 14.1.1, the Contractor shall be compensated for Preconstruction Phase services performed prior to receipt of a notice of termination, and the Contractor shall promptly deliver to the Owner copies of all plans, bids and other work product prepared by or on behalf of the Contractor in connection with the Work.
§ 14.1.3 If the Owner terminates the Contract pursuant to Section 14.1.1 after the commencement of the
Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Contractor an amount calculated as follows, which amount shall be in addition to any compensation paid to the Contractor under Section 14.1.2:
.1
Take the Cost of the Work incurred by the Contractor to the date of termination, including costs attributable to terminating subcontracts and purchase orders, excluding fees on incomplete work;
.2
Add the Contractor’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and
.3
Subtract the aggregate of previous payments made by the Owner for Construction Phase services.
The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 14.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or

Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Contractor will contain provisions allowing for assignment to the Owner as described above.

If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Contractor for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Contractor will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Contractor the costs actually and necessarily incurred by the Contractor prior to and as a result of such termination.
§ 14.1.4 Notwithstanding the foregoing provisions of Sections 14.1.2 and 14.1.3, to the extent Contractor is entitled to receive overhead, profit and/or damages thereunder, Contractor shall only be entitled to recover actual, reasonable overhead, profit and damages on the portion of the Work executed at the date of termination plus any other reasonable Costs of the Work arising out of any such termination necessary for demobilization. In no event shall the Owner ever be liable for any amount attributable to the Contractor’s anticipated profit on the value of services not performed by the Contractor.
§ 14.2 Following execution of the GMP Amendment, the Contract may be terminated by the Owner or the
Contractor as provided in Article 14 of AIA Document A201-2007. The amount, if any, to be paid to the Contractor following any such termination shall be determined in accordance with Article 14 of AIA Document A201-2007; provided, however, that such amount shall not cause the Guaranteed Maximum Price to be
(Paragraphs deleted) exceeded.
§ 14.3 The Owner shall pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and for which the Contractor is not otherwise compensated. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.
§ 14.4 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007.
ARTICLE 15     MISCELLANEOUS PROVISIONS
§ 15.1 Where reference is made in this Agreement to a provision AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
§ 15.2 Payments due and unpaid under the Contract shall bear interest from the date thirty (30) days following the date payment is due at a rate equal to the "prime rate" as published in The Wall Street Journal on the date such payment was due or, if the Wall Street Journal is not published on such date, the corresponding rate in the next issue of The Wall Street Journal published after the due date, plus two percent (2%). If, at any time, The Wall Street Journal ceases to publish the "prime rate" for any reason, a comparable interest rate shall be selected by the Owner. Amounts which may become due to the Owner from the Contractor under the Contract ("Owed Amounts") shall be due and payable on the thirtieth (30th) day after demand, and if not paid when due shall bear interest at the interest rate specified above on the amount outstanding. The Owner shall be entitled, at any time, to recover any Owed Amounts from the Contractor by reducing any payments due to the Contractor from the Owner by all or any portion of such Owed Amounts and crediting the amount of such reduction against the Owed Amounts. If any such offset is made, the Owner shall so notify the Contractor in writing. The Owner’s rights under this Section 15.2 are in addition to its right to receive direct payment of Owed Amounts from the Contractor.


Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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§ 15.3 The Owner’s representative:

Phil Memmott
Senior Construction Project Manager
311 Arsenal Street
Watertown, MA 02472
pmemmott@athenahealth.com
617-402-1890

§ 15.4 The Contractor’s representatives:

Norm Fournier
and
Peter Doucet
Vice President Operations and
 
Project Manager
Project Executive
 
C.E. Floyd Company, Inc.
C.E. Floyd Company, Inc.
 
135 South Road
135 South Road
 
Bedford, MA 01730
Bedford, MA 01730
 
pdoucet@cefloyd.com
nfournier@cefloyd.com
 
781-325-0075
781-325-0104
 
 

§ 15.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ written notice to the other party.
§ 15.6 The Contractor represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents) as a material inducement to the Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement and the final completion of the Work:
§ 15.6.1 The Contractor is financially solvent, able to pay all debts as they may mature and possessed of sufficient working capital to complete the Work and perform all obligations hereunder;
§ 15.6.2 The Contractor is able to furnish the plant, tools, material, supplies, equipment, and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so;
§ 15.6.3 The Contractor is authorized to do business in the state in which the Project is located and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Contractor and over the Work and the Project;
§ 15.6.4 The Contractor’s execution of this Agreement and performance thereof is within the Contractor’s duly authorized powers;
§ 15.6.5 The Contractor possesses a high level of experience and expertise in the business administration, construction, construction management and superintendence of projects of the size, complexity and nature of this particular Project and will perform the Work with the care, skill and diligence of such a contractor.
§ 15.7 The key members of the Contractor’s staff shall be persons agreed upon with the Owner and shall include, without limitation, Project Executive Norm Fournier and Project Manager Peter Doucet. Key personnel shall not be changed without the written consent of the Owner, unless any such person becomes unable to perform his or her duties due to death, disability or termination of employment, or unless the Owner requests removal. If any key personnel is no longer capable of performing his or her duties, or is removed at the request of the Owner, the Owner and the Contractor shall agree on a mutually acceptable replacement.
§ 15.8 The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign or transfer the Contract without the previous written consent of the Owner, which consent may be withheld by the Owner

Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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in its sole discretion, nor shall the Contractor assign any moneys due or to become due to him hereunder, without such previous written consent of the Owner. Any assignment of the Contract by the Contractor shall be void, and the assignee in such case shall acquire no rights in the Contract or in such moneys.
§ 15.9 Whenever written notice is required or permitted pursuant to the Contract Documents, the same shall be deemed to have been properly given if given in writing and transmitted by fax or email or delivered by hand in person or by registered or certified mail or express delivery service, return receipt requested, in the case of notices to the Owner, to the address set forth at the beginning of this Agreement, marked to the attention of the Owner’s Representative; and, in the case of notices to the Architect, to the address set forth at the beginning of this Agreement, marked to the attention of the Architect’s Representative; and, in the case of notices to the Contractor, to the Contractor’s Project Manager or Project Executive, addressed to such person(s) at the Contractor’s mailing address set forth at the beginning of this Agreement or the Contractor’s principal office. Any of the persons or addresses specified above for notice purposes may be changed by notice given in the manner provided herein from the party concerned to each of the other parties.
§ 15.10 Recognizing that the Owner may find it necessary to establish during the progress of the Work the current status of performance under the Contract Documents, the Contractor shall, at the request of the Owner or any lender to the Owner, promptly provide statements, documents or certificates to the Owner or the Lender regarding the status of the Work, compliance of the Work with the Contract Documents, compliance by the Contractor or any Subcontractor with the Contract Documents, the names of first tier Subcontractors or suppliers, amounts due or to become due or amounts previously paid to Subcontractors or suppliers, estimates of the portion of the Work completed and the cost of completing the Work, and such other matters within the scope of the Contractor’s performance under the Contract Documents as the Owner or the Lender may require. If specified and required in advance of completion of the Work, the Contractor will provide a certificate to the Owner and to the Lender regarding completion of the Work in accordance with the Contract Documents, compliance by the Contractor with the Contract Documents, and such other matters within the scope of the Contractor’s performance under the Contract Documents as the Owner or the Lender may require.
§ 15.11 Without limiting the Contractor’s obligations under the Contract Documents to comply with applicable laws, the Contractor specifically recognizes and agrees that the performance of the Work and the construction of the Project are subject to, and that the Contractor is familiar with, certain legal restrictions, requirements and agreements, including, but not limited to, the Occupational Safety and Health Act and regulations thereunder, the Fair Labor Standards Act, the Davis-Bacon Act, if applicable, the Contract Work Hours and Safety Standards Act, and the Massachusetts Right-to-Know Law. The Contractor agrees that, in performing the Work, he shall comply at all times and in all respects with all of the requirements of (i) governmental laws, ordinances, regulations, orders and directives affecting or regulating employment of persons in connection with the Work or otherwise applicable to the Work, and (ii) all agreements, permits, approvals, plans and other undertakings of the Owner with respect to the Project, as referenced in the Contract Documents. The Contractor shall indemnify, defend with counsel acceptable to the Owner and hold the Owner harmless for all loss, liability and expenses of the Owner arising out of any violations by the Contractor or any Subcontractor of such laws, ordinances, regulations, orders or directives, or of any restrictions, agreements, permits, approvals, plans, undertakings and requirements referenced in the Contract Documents.
§ 15.12 No member, manager, officer, director, principal, stockholder, general or limited partner, joint venturer, beneficiary, trustee, representative, consultant, volunteer participant, employee, agent or representative of the Owner shall be personally liable to the Contractor under any term or provision of this Contract for the Owner’s payment obligations or otherwise, or because of any breach hereof, the Contractor agreeing to look solely to the assets of the Owner for the satisfaction of any liability of the Owner hereunder. In no event shall the Owner be liable to the Contractor except for payment for services rendered pursuant to and in accordance with this Agreement.
§ 15.13 The Contractor represents that no fee, commission or compensation of any kind has been paid, either directly or indirectly, by or on behalf of the Contractor to the Owner or any partner or affiliate of the Owner or any officer, director, principal, manager, member, employee, representative or agent of any of them in connection with this Contract, and that no agreement to make any such payment has been made or will be made by or on behalf of the Contractor.
§ 15.14 The terms and conditions set forth in this Agreement and the exhibits hereto shall not be construed as a course of dealing for future agreements, if any, and the Owner and Contractor reserve their rights to negotiate any and all of such terms and conditions for future agreements, if any.


Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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§ 15.15 CONSTRUCTION MANAGEMENT PLAN
The Construction Management Plan prepared by the Contractor dated August 9, 2016 is attached hereto as Exhibit K and incorporated in the Contract. The Contractor and Subcontractors shall comply with the Construction Management Plan.
ARTICLE 16     ENUMERATION OF CONTRACT DOCUMENTS
§ 16.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated below.
§ 16.1.1 The Agreement is this AIA Document A102–2007, Standard Form of Agreement Between Owner and Contractor, as modified, and all exhibits or attachments referenced herein, including the GMP Amendment.
§ 16.1.2 The General Conditions of the Contract for Construction are, and all references in this Agreement to "AIA
Document A201-2007" or to the "General Conditions to the Contract" shall be deemed to refer to AIA Document A201-2007, General Conditions of the Contract for Construction, as modified and attached hereto.
§ 16.1.3 The Specifications shall be as identified in the GMP Amendment.
(Table deleted)
§ 16.1.4 The
(Paragraphs deleted)
Drawings shall be as identified in the GMP Amendment.
(Table deleted)
§ 16.1.5 The
(Paragraphs deleted)
Addenda, if any, shall be as identified in the GMP Amendment.
(Table deleted)
§ 16.1.6 Additional documents, if
(Table deleted) any, forming part of the Contract Documents:
.1
AIA Document E201TM–2007, Digital Data Protocol Exhibit

ARTICLE 17     INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of the General Conditions of the Contract.
ARTICLE 18     EXHIBITS
The following exhibits are attached to and incorporated in this Agreement.

Exhibit A
Guaranteed Maximum Price Amendment [to come]
Exhibit B
List of Contract Documents (Drawings, Specifications, Addenda) [attached to GMP Amendment]
Exhibit C
Assumptions and Qualifications [attached to GMP Amendment]
Exhibit D
Allowances, Alternates and Unit Prices [attached to GMP Amendment]
Exhibit E
GMP Breakdown [attached to GMP Amendment]
Exhibit F
Project Baseline Schedule Narrative [attached to GMP Amendment]
Exhibit G
Contractor’s Standard Stipulated Charging Rates
Exhibit H
Certificate of Insurance
Exhibit I
Form of Partial Waiver and Subordination of Lien (Contractor)
Exhibit J
Form of Partial Lien and Claim Waiver (Subcontractors)
Exhibit K
Construction Management Plan


(signature page follows)



Init.
AIA Document A102TM – 2007 (formerly A111TM – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:43:11 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
 
 
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OWNER:


ATHENA ARSENAL, LLC


  
/s/ Mark Blair 
   CONTRACTOR:


   C.E. FLOYD COMPANY, INC.


/s/ Christopher J. Floyd 
 
 
(Signature)
(Signature)
Mark Blair, President
    

    Christopher J. Floyd
    President and Chief Executive Officer
 
 
  (Printed name and title)
 (Table deleted) (Paragraphs deleted)
(Printed name and title)


 
 




21
Init.
AIA Document A102™ – 2007 (formerly A111™ – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:30:39 on 12/02/2016 under Order No.8702051788_1 which expires on 01/11/2017, and is not for resale.
/

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EXHIBIT A
 
GUARANTEED MAXIMUM PRICE AMENDMENT
TO
AGREEMENT BETWEEN OWNER AND CONTRACTOR
 
 
This Guaranteed Maximum Price Amendment (“GMP Amendment”) is made and entered into as of December 5, 2016 by and between Athena Arsenal, LLC (the “Owner”) and C.E Floyd Company, Inc. (the “Contractor”). The Owner and the Contractor are hereinafter referred to collectively as the “Parties.”
 
The Owner and the Contractor have entered into that certain Standard Form of Agreement Between Owner and Contractor, dated as of December 5, 2016 (together with all exhibits and attachments thereto, the General Conditions of the Contract for Construction, and all other Contract Documents as defined therein, the “Agreement”), in conjunction with the construction of the West Garage project located on The Arsenal on the Charles campus in Watertown, Massachusetts (the “Project”), as the Project is further described in the Contract Documents.
 
Capitalized terms used in this document shall have the meanings assigned in the Agreement except as otherwise expressly provided herein. Unless explicitly modified by the terms of this GMP Amendment, the provisions of the Agreement remain in full force and effect without alteration.
 
Pursuant to Section 5.2 of the Standard Form of Agreement between Owner and Contractor, and in consideration of the mutual promises and obligations contained in the Agreement and this GMP Amendment, the Owner and Contractor hereby agree to amend the Agreement as follows:
 
(1)
The West Garage Project Guaranteed Maximum Price is hereby fixed at $40,057,556 (Forty Million Fifty Seven Thousand Five Hundred Fifty Six Dollars). The Parties have agreed that the Contract Sum shall not exceed the West Garage Project Guaranteed Maximum Price, subject only to adjustments, if any, in accordance with the provisions of the Agreement. The Contract Sum consists of the Contractor’s Fee plus the Cost of the Work, as that term is defined in Article 7 of the Standard Form of Agreement between Owner and Contractor. If the West Garage Project Guaranteed Maximum Price is exceeded without an Owner-approved adjustment pursuant to the terms of the Agreement, the Contractor shall be solely responsible for payment of such excess amounts without reimbursement from the Owner.
 
(2)
Attached hereto as Exhibit E is a detailed line item cost breakdown of the West Garage Project Guaranteed Maximum Price, including the Cost of the Work, the costs of the Building Permit, and the costs of the Contractor’s General Conditions, Fee, Insurance and Bonds.
 
(3)
The West Garage Project Guaranteed Maximum Price set forth herein is for the timely and proper performance of the Work in accordance with the Contract Documents, including the Contract Documents listed and attached to this GMP Amendment and marked Exhibits A through H, as follows:
 
Exhibit B
 
Construction Documents - Drawings, Specifications and Addenda on which this West Garage Project Guaranteed Maximum Price is based:


AM 60413952.2        


Exhibit E
Contractor’s West Garage Project Guaranteed Maximum Price Proposal – Pricing Progression Summary Report (dated November 4, 2016), as accepted by the Owner
Exhibit D
Allowances, Alternates and Unit Prices
Exhibit C
Assumptions and Qualifications
Exhibit F
Project Baseline Schedule / Narrative
Exhibit H
Contractor-supplied Insurance Certificates
Exhibit G
Wage Rate Sheet / Contractor’s Stipulated Project Charging Rates
 
 
(4)
The Substantial Completion Date and Final Completion Date on which the West Garage Project Guaranteed Maximum Price is based are as follows:
(a)
Certificate of Occupancy / Substantial Completion Date: 1/11/18*
(b)
Final Turnover / Completion Date: 2/11/18*
*Notes to the Schedule: These dates represent the Project Baseline Schedule which is attached for reference as Exhibit F.
 
(5)
This GMP Amendment, when executed, shall serve as the Notice to Proceed for the scope of work contained in this GMP Amendment.
 
(6)
All other terms and conditions of the Agreement, as so amended, shall remain in full force and effect.
  
IN WITNESS WHEREOF, the Parties have executed this GMP Amendment under seal as of the date and year first above written.
 
OWNER:
 
 
CONTRACTOR: 
Athena Arsenal, LLC
 
 
 
 
C.E. Floyd Company, Inc.
By:   /s/ Mark Blair   
 
By:   /s/ Christopher J. Floyd   
Mark Blair, President    Christopher J. Floyd, President / CEO


AM 60413952.2    2


exhibit1026image2ceflog.jpg
athena Arsenal, LLC WEST PARKING GARAGE
WATERTOWN, MA
EXHIBIT ‘B’ – LIST OF CONTRACT DOCUMENTS

The Dates listed below correspond to the following Document issuance:

September 9, 2016 – Construction Documents
October 11, 2016  Addendum No. 1
October 21, 2016  Addendum No. 2
October 26, 2016  Addendum No. 3

General Plans as Prepared by Walker Parking Consultants:
G-000         Cover Sheet and Site & Location Map             September 9, 2016

Landscape Plans as Prepared by Stantec Planning and Landscape Architecture P.C.:
C-100
Context Plan
 
September 9, 2016
EC-100
Existing Conditions
 
September 9, 2016
L-001
Notes
 
September 9, 2016
SP-100
Site Preparation Plan
October 21, 2016
L-100
Overall Layout and Materials Plan
October 21, 2016
L-101
Layout and Materials Enlargement Plan
October 21, 2016
L-102
Layout and Materials Enlargement Plan
October 21, 2016
L-103
Layout and Material Enlargement Plan
October 21, 2016
L-200
Grading Plan
`
October 21, 2016
L-201
Grading Enlargement
October 21, 2016
L-202
Grading Plan Enlargement
October 21, 2016
L-203
Grading Plan Enlargement
September 9, 2016
L-300
Drainage Plan
 
October 21, 2016
L-400
Utility Plan
 
October 21, 2016
L-401
Utility Profiles
 
October 21, 2016
L-402
Utility Profiles
 
October 21, 2016
L-403
Utility Profiles
 
October 21, 2016
L-404
Utility Profiles
 
October 21, 2016
L-500
Planting Plan
 
October 21, 2016
L-501
Planting Plan
 
October 21, 2016
L-502
Planting Plan
 
October 21, 2016
L-600
Lighting Plan
 
October 21, 2016
L-700
Site Sections
 
October 21, 2016
L-701
Site Sections
 
October 21, 2016

athena Arsenal, LLC - West Parking Garage
November 21, 2016
1



L-702
Site Sections
 
October 21, 2016
L-800
Site Details
 
October 21, 2016



athena Arsenal, LLC - West Parking Garage
November 21, 2016
2



L-801
Site Details
October 21, 2016
L-802
Site Details
October 21, 2016
L-803
Site Details
October 21, 2016
L-804
Site Details
October 21, 2016
L-900
Utility Details
October 21, 2016
L-901
Utility Details
October 21, 2016
L-902
Utility Details
October 21, 2016
LI-100
Irrigation Plan
October 21, 2016
LI-101
Irrigation Plans- Trees
September 9, 2016
LI-200
Irrigation Details
September 9, 2016
LI-201
Irrigation Pump Details
September 9, 2016

Structural Plans as Prepared by Walker Parking Consultants:

S-001
General Notes
September 9, 2016
S-002
Typical Details
September 9, 2016
S-100
Foundation Plan
October 21, 2016
S-101
P1 Tier Plan
October 21, 2016
S-102
P2 Tier Plan
October 21, 2016
S-103
Typical Tier Plan
October 21, 2016
S-104
P6 Tier Plan
September 9, 2016
S-105
P7 Tier Plan
October 21, 2016
S-201
Precast Light Wall Elevations
September 9, 2016
S-202
Steel Framing Elevations
September 9, 2016
S-410
Stair/Elevator No.1 Enlarged Plans
September 9, 2016
S-411
Stair/Elevator No.1 Enlarged Plans
September 9, 2016
S-420
Stair No.2 Enlarged Plans
September 9, 2016
S-430
Stair No.3 Enlarged Plans
September 9, 2016
S-431
Stair No.3 Enlarged Plans and Details
September 9, 2016
S-440
Pedestrian Bridge Framing Plans
September 9, 2016
S-441
Pedestrian Bridge Section and Details
September 9, 2016
S-450
Building 311 Lobby Framing Plans
October 21, 2016
S-451
Building 311 Lobby Framing Details
September 9, 2016
S-460
Bicycle Enlarge Plan
September 9, 2016
S-501
Foundation Details
October 21, 2016
S-502
Foundation Details
October 21, 2016
S-503
Foundation Details
October 21, 2016
S-504
Foundation Wall Sections
September 9, 2016
S-505
Foundation Details
October 21, 2016
S-510
Structural Details
September 9, 2016
S-511
Structural Details
September 9, 2016
S-512
Structural Details
September 9, 2016
S-513
Structural Details-Metal Façade Support
September 9, 2016
S-520
Precast Column Details
September 9, 2016
S-521
Precast Column Details
September 9, 2016
S-525
Precast Beam Details, Schedules & Notes
September 9, 2016
S-530
Precast Tee Details
September 9, 2016


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November 21, 2016
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S-535
Precast Structural Wall Details
September 9, 2016
S-540
Precast Wall and Stair Details
September 9, 2016
S-550
Precast Connection Details
September 9, 2016
S-555
Masonry Details
September 9, 2016
S-560
Expansion Joint Details
September 9, 2016
S-570
Typical Waterproofing Details
September 9, 2016
S-650
Lap Bar Schedule
September 9, 2016

Architectural Plans as Prepared by Walker Parking Consultants:

A-001
Code Analysis and Life Safety
September 9, 2016
A-002
General Notes, Symbols and Legends
September 9, 2016
A-101
P1 Tier Plan
October 21, 2016
A-102
P2 Tier Plan
October 21, 2016
A-103
Typical Tier Plan
October 21, 2016
A-104
P6 Tier Plan
September 9, 2016
A-105
P7 Tier Plan
October 21, 2016
A-201
Building Elevations
October 21, 2016
A-202
Building Elevations
October 21, 2016
A-210
Screen Elevations
September 9, 2016
A-211
Screen Elevations
September 9, 2016
A-212
Screen Enlarged Elevations
September 9, 2016
A-213
Screen Enlarged Elevations
September 9, 2016
A-310
Exterior Wall Sections
September 9, 2016
A-401
Miscellaneous Detail
September 9, 2016
A-402
Enlarged Room Plans
October 21, 2016
A-403
Enlarged Room Plans
September 9, 2016
A-410
Stair/Elevator No.1 - Enlarged Plan
September 9, 2016
A-411
Stair/Elevator No.1 - Enlarged Plan
September 9, 2016
A-412
Stair/Elevator No.1 - Elevations
September 9, 2016
A-413
Stair/Elevator No.1 - Elevations
September 9, 2016
A-420
Stair No.2 - Enlarged Plan
October 21, 2016
A-421
Stair No.2- Elevations & Sections
September 9, 2016
A-430
Stair 3 Plans & Sections
October 21, 2016
A-431
Stair 3 Plans & Sections
October 21, 2016
A-432
Miscellaneous Stairs Enlarged Plans
October 21, 2016
A-440
Pedestrian Bridge Plans & Sections
October 21, 2016
A-441
Pedestrian Bridge Plans & Sections
October 21, 2016
A-450
Bicycle Enclosure Enlarged Plan
September 9, 2016
A-501
Precast Details
September 9, 2016
A-502
Areaway Section Views
September 9, 2016
A-510
Miscellaneous Details
September 9, 2016
A-530
Curtainwall Details
September 9, 2016
A-540
Storefront Details
September 9, 2016
A-550
Stair Railing Details
September 9, 2016
A-551
Stair Railing Details And Miscellaneous Details
September 9, 2016
A-560
Pedestrian Bridge Details
October 21, 2016


athena Arsenal, LLC - West Parking Garage
November 21, 2016
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A-561
Pedestrian Bridge Details
October 21, 2016
A-562
Pedestrian Bridge & Stair 3 Details
October 21, 2016
A-570
Screen Details
September 9, 2016
A-571
Screen Details
October 21, 2016
A-601
Room Finish and Door Schedules
October 21, 2016
AG-002
Sign Schedule, General Notes and Sign Details
September 9, 2016
AG-003
Sign Mounting Details
September 9, 2016

Fire Protection Plans as Prepared by RDK Engineers:

FP-000
Fire Protection Legend, Notes & Abbreviations
September 9, 2016
FP-201A
Fire Protection P1 Tier Plan – North
September 9, 2016
FP-201B
Fire Protection P1 Tier Plan – South
September 9, 2016
FP-202
Fire Protection P2 Tier Plan
September 9, 2016
FP-203
Fire Protection P3 Tier Plan
September 9, 2016
FP-204
Fire Protection P4 Tier Plan
September 9, 2016
FP-205
Fire Protection P5 Tier Plan
September 9, 2016
FP-206
Fire Protection P6 Tier Plan
September 9, 2016
FP-207
Fire Protection P7 Tier Plan
September 9, 2016
FP-600
Fire Protection Details
September 9, 2016

Plumbing Plans as Prepared by RDK Engineers:

P-000
Plumbing Legend, Notes & Abbreviations
September 9, 2016
P-201U
Plumbing Underslab Plan
October 21, 2016
P-201
Plumbing P1 Tier Plan
October 21, 2016
P-202
Plumbing P2 Tier Plan
October 21, 2016
P-203
Plumbing P3 Tier Plan
September 9, 2016
P-204
Plumbing P4 Tier Plan
October 21, 2016
P-205
Plumbing P5 Tier Plan
October 21, 2016
P-206
Plumbing P6 Tier Plan
October 21, 2016
P-207
Plumbing P7 Tier Plan
September 9, 2016
P-600
Plumbing Details
September 9, 2016
P-601
Plumbing Details
September 9, 2016
P-700
Plumbing Schedules
September 9, 2016

HVAC Plans as Prepared by RDK Engineers:

H-000
HVAC Legend, Notes & Abbreviations
September 9, 2016
H-201
HVAC P1 Tier Plan
October 21, 2016
H-202
HVAC P2 Tier Plan
October 21, 2016
H-203
HVAC P3 Tier Plan
October 21, 2016
H-204
HVAC P4 Tier Plan
October 21, 2016
H-205
HVAC P5 Tier Plan
October 21, 2016
H-206
HVAC P6 Tier Plan
October 21, 2016
H-207
HVAC P7 Tier Plan
October 21, 2016
H-400
HVAC Controls
October 21, 2016

H-700
HVAC Details and Riser Diagrams
September 9, 2016

athena Arsenal, LLC - West Parking Garage
November 21, 2016
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H-701
HVAC Details
September 9, 2016
H-800
HVAC Schedules
October 21, 2016

Electrical Plans as Prepared by RDK Engineers:

E-000
Electrical Legend, Notes & Abbreviations
September 9, 2016
E-100
Electrical Site Plan
October 21, 2016
E-101
Electrical Site Details
October 21, 2016
E-201
Electrical Lighting P1 Tier Plan
September 9, 2016
E-202
Electrical Lighting P2 Tier Plan
October 21, 2016
E-203
Electrical Lighting P3 Tier Plan
October 21, 2016
E-204
Electrical Lighting P4 Tier Plan
October 21, 2016
E-205
Electrical Lighting P5 Tier Plan
October 21, 2016
E-206
Electrical Lighting P6 Tier Plan
October 21, 2016
E-207
Electrical Lighting P7 Tier plan
October 21, 2016
E-301
Electrical Power P1 Tier Plan
October 21, 2016
E-302
Electrical Power P2 Tier Plan
September 9, 2016
E-303
Electrical Power P3 Tier Plan
September 9, 2016
E-304
Electrical Power P4 Tier Plan
October 21, 2016
E-305
Electrical Power P5 Tier Plan
October 21, 2016
E-306
Electrical Power P6 Tier Plan
October 21, 2016
E-307
Electrical Power P7 Tier Plan
September 9, 2016
E-401
Electrical Fire Alarm P1 Tier Plan
October 21, 2016
E-402
Electrical Fire Alarm P2 Tier Plan
October 21, 2016
E-403
Electrical Fire Alarm P3 Tier Plan
October 21, 2016
E-404
Electrical Fire Alarm P4 Tier Plan
October 21, 2016
E-405
Electrical Fire Alarm P5 Tier Plan
October 21, 2016
E-406
Electrical Fire Alarm P6 Tier Plan
October 21, 2016
E-407
Electrical Fire Alarm P7 Tier Plan
October 21, 2016
E-408
Electrical Fire Alarm Riser Diagram
October 21, 2016
E-700
Electrical One Line Diagram
October 21, 2016
E-800
Electrical Details
September 9, 2016
E-900
Electrical Schedules
October 21, 2016

Specification Manual as Prepared by Walker Parking Consultants:

Division 00 – Procurement and Contracting Agreements

110
Table of Contents
October 2016
7319
Health and Safety Requirements
September 2016

Division 01 – General Requirements

11100
Summary of Work
September 2016
12600
Contract Modification Procedures
September 2016
12900
Payment Procedures
September 2016

13200
Construction Progress Documentation
September 2016
13233
Photographic Documentation
September 2016
13300
Submittal Procedures
September 2016

athena Arsenal, LLC - West Parking Garage
November 21, 2016
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14200
References
September 2016
14210
Reference Standards and Definitions
September 2016
14500
Quality Control
September 2016
15000
Temporary Facilities and Controls
September 2016
15726
Odor and Dust Control
September 2016
16000
Product Requirements
September 2016
16010
Product Substitution Procedures
September 2016
17300
Execution
September 2016
17329
Cutting and Patching
September 2016
17423
Final Cleaning
September 2016
17700
Closeout Procedures
September 2016
17823
Operation and Maintenance Data
September 2016
17836
Warranties
September 2016
17839
Project Record Documents
September 2016
17900
Demonstration and Training
September 2016

Division 02 – Existing Conditions

24110
Selective Structure Demolition
September 2016
26100
Removal and Disposal of Contaminated Soils
September 2016

Division 03 – Concrete

33000
Cast-In-Place Concrete
September 2016
34100
Precast Structural Concrete
September 2016

Division 04 – Masonry

42200
Concrete Unit Masonry
September 2016
44314
Dimensional Granite- Exterior
October 2016

Division 05 - Metals

50513
Hot-Dipped Galvanizing of Exterior Pipe Railings
 
 
 
And Metal Fence
September 2016
51200
Structural Steel Framing
September 2016
53100
Steel Decking
September 2016
55000
Metal Fabrications
September 2016
55112
Metal Pan Stairs
September 2016
55136
Metal Walkways
September 2016
55212
Pipe and Tube Railings
September 2016
55213
Restoration of Existing Metal Perimeter Fence
September 2016
55214
Exterior Steel Pipe Railings and Metal Fence
September 2016
55990
Ornamental Iron Fence Repair
October 2016

57000
Decorative Metal
September 2016
57305
Decorative Metal Architectural Railings
September 2016

athena Arsenal, LLC - West Parking Garage
November 21, 2016
7



57513
Decorative Formed Metal Screen
September 2016

Division 06 – Woods, Plastics and Composites

61000
Rough Carpentry
September 2016
61053
Miscellaneous Rough Carpentry
September 2016

Division 07- Thermal and Moisture Protection

71113
Bituminous Damproofing
September 2016
71416
Cold Fluid-Applied Waterproofing
September 2016
71616
Crystalline Waterproofing
September 2016
71800
Traffic Coatings
September 2016
71900
Water Repellents
September 2016
72100
Thermal Insulation
September 2016
72119
Foamed-In-Place Insulation
September 2016
72600
Vapor Barriers
September 2016
72700
Air Barrier Membranes
September 2016
75323
Ethylene-Propylene-Diene-Monomer (EPDM) Roofing
September 2016
75419
Polyvinyl-Chloride Single Ply Membrane Roof
September 2016
76200
Sheet Metal Flashing and Trim
September 2016
78100
Applied Fireproofing
September 2016
78123
Intumescent Fireproofing
September 2016
78413
Penetration Firestopping
September 2016
78443
Joint Firestopping
September 2016
79233
Concrete Joint Sealants
September 2016
79236
Architectural Joint Sealants
September 2016
79500
Expansion Joint Assemblies
September 2016

Division 08 – Openings

81113
Hollow Metal Doors and Frames
September 2016
84113
Aluminum-Framed Entrances and Storefronts
September 2016
84413
Glazed Aluminum Curtain Walls
September 2016
87100
Door Hardware
September 2016
87113
Automatic Door Operators
September 2016
88000
Glazing
September 2016
89000
Louvers and Vents
September 2016

Division 09 – Finishes

92116
Gypsum Board Shaft Wall Assemblies
September 2016
92216
Non-Structural Metal Framing
September 2016
92900
Gypsum Board
September 2016
96516
Resilient Sheet Flooring
September 2016


99100
Painting
September 2016

athena Arsenal, LLC - West Parking Garage
November 21, 2016
8



99120
Pavement Marking
September 2016

Division 10 – Specialties

101400
Garage Signage
September 2016
101413
Statutory Signage
September 2016
101453
Site Signage
September 2016
104413
Fire Protection Cabinets
September 2016
104416
Fire Extinguishers
September 2016

Division 12 – Furnishings

129310
Bicycle Racks
September 2016

Division 14 – Conveying Equipment

142100
Electric Traction Elevators
September 2016
142610
Vertical Wheelchair Lifts
September 2016

Division 21 – Fire Suppression

210000
Fire Protection
September 2016

Division 22 - Plumbing

220000
Plumbing
September 2016

Division 23 – Heating, Ventilating, & Air-Conditioning (HVAC)

230000
Heating Ventilating and Air Conditioning
October 2016

Division 26 – Electrical

260000
Electrical
September 2016
261116
Secondary Unit Substations With Switchboard
September 2016

Division 31 – Earthwork

310000
Earthwork
September 2016
310913
Geotechnical Instrumentation and Monitoring
September 2016
311000
Site Preparation
September 2016
312319
Dewatering
September 2016
312500
Erosion and Sediment Control
September 2016
312501
Storm Water Pollution Prevention Plan…
September 2016
315000
Excavation Support and Protection
September 2016

athena Arsenal, LLC - West Parking Garage
November 21, 2016
9




Division 32 – Exterior Improvement

320190
Temporary Tree Protection and Tree Maintenance
September 2016
321216
Bituminous Concrete Paving
September 2016
321218
Exposed Aggregate Pavement Surfacing (Chip Seal)
September 2016
321313
Portland Cement Concrete Pavement
September 2016
321400
Unit Paving
October 2016
321607
Shop Painting of Hot-Dipped Galvanized Steel
September 2016
321613
Granite Curbs
September 2016
321723
Pavement Markings
September 2016
323200
Architectural Cast-In-Place Site Concrete
September 2016
323300
Site Furnishings
October 2016
328400
Irrigation System
September 2016
328420
Irrigation Pump System
September 2016
329114
Bioretention Area
September 2016
329219
Seeded Lawns
September 2016
329300
Plants
October 2016
323353
Wood Boardwalk
September 2016

Division 33 – Utilities

331000
Site Water Distribution
September 2016
333000
Sanitary Sewerage Utilities
September 2016
334000
Storm Drainage Utilities
September 2016 
APPENDICES
 
 

Appendix A – Geotechnical Engineering Report Addendum No. 1
Appendix B – Geotechnical Engineering Report Appendix
C – NPDES RGP Dewatering Treatment Memo
Appendix D1 – Updated Soil Pre-Characterization Report – No Appendices
Appendix D2 – Updated Soil Pre-Characterization Report With Appendices (On Compact Disc) Appendix
E1 – Excavated Materials Management Plan – No Appendices
Appendix E2 – Excavated Materials Management Plan With Appendices (On Compact Disc)

ADDENDUMS

No.
1
Revisions and Additions to GMP Documents
October 11, 2016
No.
2
Revisions and Additions to GMP Documents
October 21, 2016
No.
3
Revisions and Additions to GMP Documents
October 26, 2016



athena Arsenal, LLC - West Parking Garage
November 21, 2016
10


West Parking Garage
athena Arsenal, LLC



EXHIBIT ‘C’ – ASSUMPTIONS AND QUALIFICATIONS

QUALIFICATIONS

1.
The following items and areas of work have been shown on the Contract Documents but have not been
included within the GMP Pricing. It is understood
 that the cost of work for each item below will be funded
from Projects other than
 the West Garage.
2.
Item 1: To prep for the building 39 Generator in the area West of Building 39. The added work includes the following; Concrete Retaining Wall, Concrete Pad, Steel Guardrail, Electrical Work (Generator Relocation, Conduits, Feeders, etc.) and all associated Sitework. Total Cost of Item 1 Work is $115,500.00 per approved Work Authorization # 1 (See attached Document for Item Cost Breakdown)
3.
Item 2: To furnish and install the Building 2 Site Utility Work, including Sanitary Sewer, Water Service, Fire Protection Service, etc. from Arsenal Street to the face of Building 2. Total Cost of Item 2 Work is $43,215.00 (See attached Document for Item Cost Breakdown)
4.
Item 3: To furnish and install the Building 2 South Elevation Foundation Work that sits on the West Garage Footings (Column Line A) shown on the West Garage Construction Documents. Total Cost of Item 3 Work is $58,000.00 (See attached Document for Item Cost Breakdown)
5.
Item 4: To furnish and install the Arsenal Street Site Finish work in front of existing Building 311 as shown on the Contract Documents (Limits of work shown in attached Sketches). This includes the following scope of work; Sitework Prep, Concrete Sidewalk with Tactile Warning Pads, Site Benches with Concrete Pads, Historic Perimeter Fence Relocation including Concrete Mow Strip and Post Footings, Tree Paver Grates, Landscaping and Irrigation. Total Cost of Item 4 Work is $420,000.00 (See attached Document for Item Cost Breakdown)
6.
Item 5: To furnish and install the Arsenal Street Site Finish work in front of proposed Building 2 as shown on the Contract Documents (Limits of work shown in attached Sketches). This includes the following scope of work; Weathered Steel Planters with Gravel Drip Strip, Concrete Stairwell including Granite Treads and Handrails, Type C Unit Pavers on Concrete Pad, Concrete Sidewalk with Tactile Warning Pads, Concrete Retaining Walls adjacent to the Planters, Tree Paver Grates, Landscaping and Irrigation. Total Cost of Item 5 Work is $495,000.00 (See attached Document for Item Cost Breakdown)

CLARIFICATIONS

Division 1 ‐ General Requirements 

1.1
This proposal is valid for thirty (30) days.
1.2
We have not included any provisions for concealed conditions or items not noted or indicated within the GMP Documents.
1.3
We have included the cost of the building permit within our bid.
1.4
We have included a Construction Contingency in the amount of two (2%) percent.


 
 
 
C.E. Floyd Company, Inc.
1
November 17, 2016
Exhibit ‘C’ – Assumptions and Qualifications
 
 


West Parking Garage
athena Arsenal, LLC



1.5
The Construction Contingency is the Construction Manager’s (CM) Contingency, i.e., for the CM’s exclusive use for properly reimbursable Cost(s) as required to execute the Work, including changes in market conditions, and subcontractor availability, and for scope that may be undefined in the GMP Phase. The CM Contingency is not to be used for such things as changes in scope, systems, kinds and quality of materials, finishes, and equipment. The CM Contingency will be regularly accounted for during the progress of the Work. We recommend that the Owner maintains a change order Contingency separate from the CM Contingency contained in the contract value, to facilitate any scope and/or program changes.
1.6
We have not included providing general contractor performance and payment bonds.
1.7
We have included providing subcontractor performance and payment bonds for any potential contracts over $500,000.00 which include the following Subcontractors; Concrete Formwork and Flatwork, Structural Precast, Miscellaneous Metals, Waterproofing and Damproofing, Aluminum Screening System, Plumbing, Electrical, Sitework, and Site Finish Package (Landscaping, Hardscaping, Granite Posts/Walls, Irrigation, Site Furnishings, etc.).
1.8
It is understood that the Owner will pay for all costs and/or fees associated with required USGBC registration filing, credit interpretations, certification and other administrative items directly related to Sustainable Design requirements.
1.9
Builder’s Risk Insurance, including the deductible, shall be provided by the Owner.
1.10
We have included the cost of procuring insurance coverage as identified on our Certificate of Insurance submitted with our proposal. Any additional insurance requirements shall be considered an added cost to the project.
1.11
We have not included any night watchman services.
1.12
Any breakdown of this price is done so for accounting purposes and does not necessarily represent the total cost of the breakdown item.
1.13
CEF reserves the right to substitute any proposed subcontractors at time of final subcontractor award.
1.14
We have not included any applicable testing and/or independent inspections for the project.
1.15
We have assumed a fifteen (15) month construction schedule. We have based our schedule on a Construction Start Date of October 17, 2016.
1.16
We have not included any Utility Company fees and/or Municipal back charges or fees.
1.17
We have not included any BIM Coordination within our GMP Estimate.
1.18
We have not included liquidated damages.
1.19
We have not included design fees except for the Structural Precast Garage and Fire Protection System.

Division 2 – Existing Conditions 

2.1
We have not included the testing, remediation, removal, handling, and disposal of any hazardous materials as part of the Building 311 Renovation Work. This work is assumed to be done by the Owner prior to C.E. Floyd commencing work onsite if required.


 
 
 
C.E. Floyd Company, Inc.
2
November 17, 2016
Exhibit ‘C’ – Assumptions and Qualifications
 
 


West Parking Garage
athena Arsenal, LLC


Division 3 ‐ Concrete 

3.1
We have included all Site Retaining Walls as Concrete. We have not included furnishing and installing any Modular Block, Stone Veneer, etc. Retaining Walls.
3.2
We have not included any work associated with the Building 39 Generator, including the Concrete Retaining Walls and Generator Pad within the Base Bid. This work will be included as part of a separate project.
3.3
We have not included any Traffic Topping within the Garage. We have only included Cast‐In‐Place Concrete Topping where indicated on the GMP Documents.

Division 4 ‐ Masonry 

4.1
We have included furnishing and installing Standard CMU Block of varying thicknesses (8”, 10”, and 12”) where indicated on the GMP Documents. We have not included any Ground Face CMU.

Division 5 ‐ Metals 

5.1
We have not included any work associated with the Building 39 Generator, including the Galvanized Steel Guardrail within the Base Bid. This work will be included as part of a separate project.
5.2
We have included RS2.0 Reveal Series Dovetail Roof Deck as manufactured by Canam in lieu of the Epicore ER2R Metal Decking.
5.3
We have not included any repairs to existing structural conditions within Building 311 unless noted.
5.4
We have included a Hot Dipped Galvanized Finish for the Structural Steel Back‐Up Framing for the Aluminum Screening System in lieu of Color Galvanized.

Division 7 – Thermal and Moisture Protection 

7.1
We have included furnishing and installing a Fully Adhered, 60mil Thick, White TPO Roofing System at all locations noted to receive roofing including;
 
Stairwell 1 Roof
 
Stairwell 2 Roof
 
Stairwell 6 Roof – 2 Locations
 
Stairwells 7 and 8 Roof
 
Pedestrian Bridge Roof
7.2
We have included a Hot Dipped Galvanized Finish for the Structural Steel Back‐Up Framing for the Aluminum Screening System in lieu of Color Galvanized.
7.3
We have included furnishing and installing 2’‐0” Tall x 1’‐6” Wide Tournesol Siteworks Linear Hanging Planters at the noted Elevations. We have assumed eight (8) foot long Planters at all locations with four (4) foot long Planters to fill in as required.
7.4
We have included furnishing and installing Aluminum Downspouts and Scuppers at both the Garage and Pedestrian Bridge where indicated on the GMP Documents.

 
 
 
C.E. Floyd Company, Inc.
3
November 17, 2016
Exhibit ‘C’ – Assumptions and Qualifications
 
 


West Parking Garage
athena Arsenal, LLC



Division 8 ‐ Doors and Windows 

8.1
We have included furnishing and installing an Allegion Grade 1 Hardware Package.
8.2
We have included furnishing and installing a Schlage Standard Interchangeable Core System.
8.3
We have not included any Electrified Door Hardware, including Card Readers, Automatic Openers, Electric Lockets, Keypads, etc.
8.4
We have included grouting interior and exterior hollow metal door frames.

Division 9 ‐Finishes 

9.1
We have not included painting any exposed mechanical and electrical systems.

Division 10 ‐ Specialties 

10.1
We have included furnishing and installing the following Dero Decker Lift Assist Bike Units within the Bike Storage Room:
 
Five (5) DD‐SS‐12‐B Dero 12 Bike Units
 
Two (2) DD‐SS‐8‐B Dero 8 Bike Units
 
One (1) Fixit‐H Bike Repair Station
 
One (1) Air Kit Fixit‐B

Division 11 ‐ Equipment 

11.1
We have not included any Parking Equipment, including Gates, Automated Parking Guidance System, etc.
We have assumed all Parking Equipment will be furnished and installed by the Owner.
11.2
We have not included furnishing, installing, or connecting Owner FF&E.
11.3
We have not included unloading, moving and protecting the Owner’s FF&E items.

Division 12 ‐ Furnishings 

12.1
We have not included furnishing or installing any Site Litter Receptacles as none were shown on the GMP Documents.

Division 14 – Conveying Systems 

14.1
We have included furnishing and installing two (2) 4,000 lb Kone EcoSpace AC Gearless MFL Traction Passenger Elevators.
14.2
We have included furnishing and installing Savaria Multi‐Lift Enclosure at the new Platform/Suspended Walkway in Building 311.

Division 21 ‐ Fire Protection 

21.1
We have included Professionally Engineered Stamped Drawings and Hydraulic Calculations.

 
 
 
C.E. Floyd Company, Inc.
4
November 17, 2016
Exhibit ‘C’ – Assumptions and Qualifications
 
 


West Parking Garage
athena Arsenal, LLC



21.2
We have not included furnishing or installing a Fire Pump, Controllers, or Water Storage Tanks.

Division 22 ‐ Plumbing 

22.1
We have included furnishing and installing Rinker STC 450 Precast Concrete Stormceptors for GSI‐1 and GSI‐2.
22.2
We have included furnishing and installing a Compound Water Meter and Backflow Preventer at the Water Service Entrance.
22.3
We have not included furnishing and installing any Gas Piping to or within the garage.

Division 23 ‐HVAC 

23.1
We have not included furnishing and installing an Automatic Temperature Control System tied into the
existing Campus Management System. We have included Stand Alone Controls only for all HVAC
Equipment.

Division 26 ‐ Electrical 

26.1
We have included furnishing and installing all Wiring in Rigid Metal Conduit.
26.2
We have included MI Cable only where indicated on the Power Riser Diagram.
26.3
We have included Aluminum Conductors for Feeders over 400amps. All other feeders will be Copper.
26.4
We have included fuel for Generator Startup and Testing only.
26.5
We have not included furnishing and installing a Lightning Protection System.
26.6
We have not included an Area of Rescue System.
26.7
We have based the Site Lighting Package as shown on Drawing E‐100.
26.8
We have included Pull String and Empty Raceways only for the Security/Access Control System. We have assumed all Wiring, Terminations, Equipment, etc. will be provided by the Owner’s Security/Access Control System Vendor.
26.9
We have included Pull String and Empty Raceways only for the Tel/Data System. We have assumed all
Wiring, Terminations, Equipment, etc. will be provided by the Owner’s Tel/Data System Vendor.
26.10
We have not included any provisions, including Pull Strings and Empty Raceways for an Audio Visual
System.
26.11
We have not included any work associated with the Building 39 Generator, including the Generator
Relocation, New Conduits and Feeders, Connections, etc. within the Base Bid. This work will be included as a separate project.
26.12
We have not included any work associated with the Relocation of the Existing Switchgear and 500KW Generator, including new Conduits, Feeders, Connections, Sitework, etc. within the Base Bid. This work will be included as a separate project.


 
 
 
C.E. Floyd Company, Inc.
5
November 17, 2016
Exhibit ‘C’ – Assumptions and Qualifications
 
 


West Parking Garage
athena Arsenal, LLC


Division 31 ‐ 33 – Earthwork, Site Improvements & Utilities 

31.1
We have included furnishing and installing Stormtrap Detention System Units in lieu of the specified Conspan Detention Systems. The Stormtrap Units had been previously approved by Stantec during the Design Development Budget Phase.
31.2
We have assumed that the existing soil at the proposed Detention Systems is suitable for the Cast‐In‐Place
Concrete Slab Installation and no over digs will be required.
31.3
We have included furnishing and installing a 2‐Line Safety Railing at the Top of the Excavation Support
System.
31.4
We have included ten (10) Months of Dewatering within our GMP Estimate.
31.5
We have included furnishing and installing two (2) 8,000 Gallon Rainflo Corrugated Steel Tanks.
31.6
We have not included ledge and boulder removal greater than one (1) cubic yard in size.
31.7
We have assumed that the existing underground utilities that we are connecting to are in an acceptable condition to do so.
31.8
We have not included underpinning of existing foundations.
31.9
We have not included furnishing or installing a Perimeter Drain or Underslab Drainage System.
31.10
We have not included any Steel Site Bollards.
31.11
We have not included any Precast Concrete Wheel Stops.
31.12
We have included furnishing and installing Type C Pavers in Varying Sizes.
31.13
We have not included any work, including Paving, Striping, Pavement Markings, Curbing, Sidewalks, Traffic Signals, etc. at the Intersection on North Beacon Street and Charles River Road. This work will be included
as part of a separate package.
31.14
We have not included any work, including Paving, Striping, Pavement Markings, Pavers, Curbing, Sidewalk, Traffic Signals, etc. at the Arsenal Street Garage Exit and Arsenal Street Intersection. This work will be included as part of a separate package.
31.15
We have not included the following Site Finish work in front of Proposed Building 2 as this work will be included within the Building 2 Package:
‐ Weathered Steel Planters with Gravel Drip Strip
‐ Stairwell including Concrete, Granite Treads, Handrail, etc.
‐ Type C Unit Pavers, including the 6” Thick Concrete Pad
‐ Concrete Sidewalk including the Tactile Warning Pads
 ‐ Concrete Retaining Walls adjacent to the Planters
‐ Tree Paver Grate
‐ Landscaping, including Plantings, Mulch, Planting Soil Mixture, etc.
‐ Irrigation System
31.16
We have not included the following work in front of Existing Building 311 as this work will be included in a separate package:
‐ Concrete Sidewalk including the Tactile Warning Pads
‐ Historic Perimeter Fence Relocation and Refurbishing
‐ Concrete Mow Strip and Post Footings for the Historic Perimeter Fence
‐ Site Benches including the Concrete Pad
‐ Tree Paver Grate

 
 
 
C.E. Floyd Company, Inc.
6
November 17, 2016
Exhibit ‘C’ – Assumptions and Qualifications
 
 


West Parking Garage
athena Arsenal, LLC



Landscaping, including Plantings, Mulch, Planting Soil Mixture, etc.
Irrigation System


 
 
 
C.E. Floyd Company, Inc.
7
November 17, 2016
Exhibit ‘C’ – Assumptions and Qualifications
 
 



exhibit1026image3gp.jpg



exhibit1026image4rp.jpg


West Parking Garage
athena Arsenal, LLC


EXHIBIT ‘D’ – ALLOWANCES, ALTERNATES, AND UNIT PRICES

ALLOWANCES

1.
We have included an allowance of $3,000.00 to furnish and install Temporary Site Signage during Construction.
2.
We have included an allowance of $50,000.00 for Winter Conditions as related to the Concrete Formwork and Flatwork Scopes of Work.
3.
We have included an allowance of $100,000.00 to furnish and install the Galvanized Steel Anchor Barrier Strand where indicated on the GMP Documents.
4.
We have included an allowance of $35,000.00 to furnish and install a Free Standing Mock‐Up including the Pre‐Cast Panels and Aluminum Screening System.
5.
We have included an allowance of $2,500.00 to furnish and install Spray Foam Insulation within the Pedestrian Bridge.
6.
We have included an allowance of $25,000.00 to furnish and install Spray Applied Fireproofing on Structural Steel at the Pedestrian Bridge and within the Building 311 Lobby.
7.
We have included an allowance of $10,000.00 to patch areas of Drywall affected by Demolition/New Suspended Walkway in Building 311.
8.
We have included an allowance of $75,000.00 to provide a Police Detail during Construction.
9.
We have included an allowance of $15,000.00 for a Kone Elevator Operator as required during the Elevator Shaft Construction.
10.
We have included an allowance of $20,000.00 for Electrical Make Safe and New Power Distribution for the Building 311 Suspended Walkway/Platform work.
11.
We have included an allowance of $50,000.00 for Winter Conditions as related to the Sitework Scope of Work.
12.
We have included an allowance of $350,000.00 for Unknown Soil and Utility Conditions.
13.
We have included an allowance of $50,000.00 to provide Power and Maintain the Dewatering System.
14.
We have included an allowance of $50,000.00 to Remove, Refurbish, Alter, and Reinstall the Perimeter Historic Fence.

ALTERNATES

1.
We require that any bid alternates that are to be selected are done so at contract award and included in our contract amount.
2.
Add Alternate 1: Furnish and Install a too be determined quantity of Charge Point Charging Stations for Electric Cars. Add To Be Determined
3.
Add Alternate 2: To Dismantle and Salvage the existing Aluminum Storefront Vestibule in Building 311 during Construction. Cost includes Re‐Installing the Vestibule upon completion of the Suspended Walkway/Platform. Add To Be Determined upon completion of Existing Footing Exploration
4.
Deduct Alternate 1: Upon the Fire and Police Department’s Testing within the Garage, if the Bi‐Directional Antenna System is not required, Deduct $44,000.00




 
 
 
C.E. Floyd Company, Inc.
1
November 21, 2016
Exhibit ‘D’ – Allowances, Alternates, and Unit Prices
 


West Parking Garage
athena Arsenal, LLC



UNIT PRICES

1.
Below are the Unit Costs for the Additive Changes to the Cost of Work
2.
To Transport and Dispose of the following Material:
 
Type A Soil ‐ $14.50/Ton
 
Type B‐1 Soil to In‐State Unlined Landfill ‐ $39.00/Ton
 
Type B‐2 Soil to In‐State Lined Landfill ‐ $48.00/Ton
 
Type B‐3 Soil to Regional Asphalt Batch Facility ‐ $54.00/Ton
 
Type B‐4 Soil to Thermal Desportion Facility ‐ $71.75/Ton
 
Type B‐5 Soil to Regional Non‐Hazardous Waste Facility ‐ $90.50/Ton
 
Type C PCE/TCE Soil to Out of State Hazardous Waste Facility ‐ $402.75/Ton
 
Type D‐1 Asphalt Materials ‐ $21.50/Ton
 
Type D‐2 Uncoated Boulders, Granite, and Other Misc. Rubble ‐ $23.75/Ton
 
Type D‐3 Uncoated Large Boulders or Concrete ‐ $21.50/Ton
 
Type D‐4 Timber Piles, Railroad Ties, and Other Wood Waste ‐ $193.10/Ton
 
Type D‐5 Metal Debris ‐ $22.10/Ton




 
 
 
C.E. Floyd Company, Inc.
2
November 21, 2016
Exhibit ‘D’ – Allowances, Alternates, and Unit Prices
 



EXHIBIT 'E' - GMP ESTIMATE

athenahealth West Parking Garage GMP Schedule of Values
C.E. Floyd Company, Inc. ‐ November 21, 2016
01‐0000.000
GENERAL CONDITIONS
 
 
01‐1120.110
Project Executive
$
49,904.00

 
01‐1120.120
Sr. Project Manager
$
278,731.00

 
01‐1120.150
Project Engineer
$
248,506.00

 
01‐1120.160
Field Engineer
$ 

 
01‐1120.220
Superintendent
$
347,162.00

 
01‐1120.240
Assistant Superintndent
$
185,176.00

 
01‐1120.250
CEF Carpenter
$ 

 
01‐1120.260
CEF Laborer
$ 

 
01‐1120.310
Field Operations Manager
$
82,993.00

 
01‐1120.320
Safety Director
$
67,805.00

 
01‐1120.410
Project Accounting
$
26,851.00

 
01‐1120.510
Estimating
$
20,800.00

 
01‐1120.710
Documents
$
6,000.00

 
01‐1120.810
Photos
$ 

 
01‐1120.910
Travel
$
13,000.00

 
01‐1130.110
Office & Job Trailers
$
33,000.00

 
01‐1130.210
Job Trailer Misc.
$
2,627.00

 
01‐1130.250
Temporary Toilets
$
10,200.00

 
01‐1130.310
Office Supplies & Euip.
$
24,750.00

 
01‐1130.320
Drinking Water
$
1,500.00

 
01‐1130.410
Site Signage Allowance
$
3,000.00

 
01‐1130.710
Monthly Postage
$
1,500.00

 
01‐1130.720
Package Distribution
$
3,000.00

 
01‐1130.810
Telephone Service
$
7,225.00

 
01‐1140.110
Testing & Inspection Services
$ 

 
01‐1150.210
Snow Removal
$
3,070.00

 
01‐1150.310
Temp. Heat Buildings
$ 

 
01‐1150.510
Lean Coordination and Coaching
$
36,400.00

 
01‐1150.710
Temporary Electric
$
22,500.00

 
01‐1150.810
Temporary Water
$
1,125.00

 
01‐1150.910
Surveying & Layout
$
19,900.00

 



01‐1160.220
As‐Builts
$
1,500.00

 
01‐1160.410
Project Clean Up
$
111,125.00

 
01‐1160.510
Final Cleaning
$
24,617.00

 
01‐1180.110
Safety Protection
$
54,751.00

 
01‐1180.210
Fire Protection
$ 

 
01‐1180.310
OSHA & Safety
$
77,980.00

 
01‐1180.710
Security Camera
$
10,000.00

 
01-8100.000
DURATION & RENTED EQUIPMENT
 
 
01‐8100.020
Trucks
$
23,500.00

 
01‐8100.900
Small Tools
$
54,875.00

 
 
 
$
1,855,073.00

 
 
 
 
 
02-0000.000
EXISTING CONDITIONS & DEMO
 
 
02‐3219.110
Test Pits
$
25,813.00

 
02‐4100.999
Selective Demolition Sub
$
10,000.00

 
02‐4105.010
Demolition Preparation
$
4,568.00

 
 
 
$
40,381.00

 
 
 
 
 
03-0000.000
CONCRETE
 
 
03‐1000.999
Concrete Formwork & Flatwork Sub
$
5,825,330.00

This is a Turnkey Cost which includes all Concrete and Reinforcing Material as well as Labor
03‐1113.720
Expansion Joints
$
3,097.00

 
03‐1513.110
Waterstop
$ ‐

Included with 03‐1000.999 Concrete Formwork Sub
03‐2100.998
Concrete Reinforcement Materials
$ ‐

Included with 03‐1000.999 Concrete Formwork Sub
03‐3000.998
Concrete Ready‐Mix Materials
$ ‐

Included with 03‐1000.999 Concrete Formwork Sub
03‐3500.210
Concrete Pump
$ ‐

Included with 03‐1000.999 Concrete Formwork Sub
03‐3500.999
Finish Flatwork Sub
$
71,286.00

Site Concrete Flatwork Only, all Building Concrete included 
with 03‐1000.999 Concrete Formwork Sub
03‐4100.995
Structural Precast Equipment
$
20,000.00

 
03‐4100.997
Structural Precast Labor
$
20,000.00

 
03‐4100.999
Precast‐ Structural
$
10,489,000.00

 
03‐5000.999
Concrete Topping & Underlayment Sub
$ ‐

Included with 03‐1000.999 Concrete Formwork Sub
 
 
$
16,428,713.00

 
 
 
 
 
04-0000.000
MASONRY
 
 
04‐0100.999
Masonry Sub
$
278,000.00

 
 
 
$
278,000.00

 
 
 
 
 



05-0000.000
METALS
 
 
05‐1200.999
Structural Steel Buy & Sub
$
254,800.00

 
05‐5000.999
Metal Fabrications Sub
$
248,661.00

 
05‐5213.200
Cable Infill Handrails
$
205,600.00

 
05‐5213.400
Vinyl Coated Chain Link Fence
$ ‐

Included with 03‐4100.999 Precast‐Structural
05‐5213.999
Handrails Sub
$
243,525.00

 
05‐5400.200
Trench Covers
$
1,000.00

 
05‐5820.125
Embedded Steel
$
14,000.00

 
 
 
$
967,586.00

 
 
 
 
 
06-0000.000
ROUGH CARPENTRY
 
 
06‐1010.020
Roof Blocking
$ ‐

Included with 07‐5000.999 Membrane Roofing Sub
06‐1533.120
Wood Decking
$
52,000.00

 
 
 
$
52,000.00

 
 
 
 
 
07-0000.000
THERMAL & MOISTURE 
PROTECTION
 
 
07‐1000.999
Damproofing & Waterproofing Sub
$
1,096,611.00

 
07‐2113.999
Rigid Insulation Sub
$
9,000.00

 
07‐2116.260
Sound Batts
$
6,000.00

 
07‐2129.265
Spray Foam Insulation Allowance
$
2,500.00

 
07‐4200.999
Metal Panel Siding Sub
$
35,500.00

 
07‐4600.111
Siding Mock‐Up Allowance
$
35,000.00

 
07‐4600.999
Siding Sub
$
1,800,065.00

Includes Back‐Up Structural Steel Framing System for the Aluminum Fin Tube Screening
07‐5000.999
Membrane Roofing Sub
$
55,751.00

 
07‐7200.100
Linear Hanging Planters
$
215,450.00

 
07‐8100.999
Spray Applied Fireproofing Allowance
$
25,000.00

 
07‐9200.999
Caulking Sub
$
56,600.00

 
 
 
$
3,337,477.00

 
 
 
 
 
08-0000.000
DOORS & WINDOWS
 
 
08‐1000.997
Doors & Frames Labor
$
10,045.00

 
08‐1000.998
Doors & Frames Materials
$
27,415.00

 
08‐4100.998
Dismantle and Reinstall Building 311 
Vestibule
$ ‐

 
08‐4100.999
Storefront Sub
$
160,200.00

 
08‐4400.999
Curtainwall Sub
$ ‐

Included with 08‐4100.999 Storefront Sub



08‐7100.998
Door Hardware Materials
$ ‐

Included with 08‐1000.998 Doors & Frames Materials
08‐8000.999
Glazing Sub
$ ‐

Included with 08‐4100.999 Storefront Sub
08‐9000.997
Louvers Labor
$ ‐

Included with 23‐0100.999 HVAC Sub
08‐9000.998
Louvers Materials
$
10,030.00

Included with 23‐0100.999 HVAC Sub
 
 
$
207,690.00

 
 
 
 
 
09- 0000.000
FINISHES
 
 
09‐2000.999
Drywall Sub
$
69,100.00

Includes a $10,000 Allowance for Drywall Patching in Building 311
09‐5000.999
Acoustical Ceilings Sub
$
2,250.00

 
09‐6200.999
Special Flooring Sub
$ ‐

Included with 09‐9000.999 Painting Sub
09‐6500.999
Resilient Flooring Sub
$
2,251.00

 
09‐9000.999
Painting Sub
$
100,900.00

 
 
 
$
174,501.00

 
 
 
 
 
10- 0000.000
SPECIALTIES
 
 
10‐0100.997
Bike Rack Storage Labor
$ ‐

Included with 10‐0100.998 Specialties Materials
10‐0100.998
Bike Rack Storage Material
$
65,619.00

 
10‐0100.999
General Police Detail Allowance
$
75,000.00

 
10‐1400.999
Signage Sub
$
45,643.00

 
10‐4400.997
Fire Protection Specialties Labor
$ ‐

Included with 10‐4400.998 Fire Protection Specialties Materials
10‐4400.998
Fire Protection Specialties Materials
$
7,075.00

 
 
 
$
193,337.00

 
 
 
 
 
11- 0000.000
EQUIPMENT
 
 
11‐1200.111
Parking Equipment Allowance
$ ‐

Not Included ‐ By Owner
11‐8200.999
General Construction Equipment
$
159,400.00

 
 
 
$
159,400.00

 
 
 
 
 
12- 0000.000
FURNISHINGS
 
 
12‐9300.998
Site Furnishings Material
$
30,908.00

 
 
 
$
30,908.00

 
 
 
 
 
14- 0000.000
CONVEYING SYSTEMS
 
 
14‐2000.999
Elevator Sub
$
385,000.00

Includes a $ 15,000 Allowance for an Elevator Operator Allowance
14‐4000.999
Lifts Sub
$
25,600.00

 
 
 
$
410,600.00

 
 
 
 
 
 
 
 
 



21- 0000.000
FIRE SUPRESSION
 
 
21‐1300.999
Fire Protection Sub
$
338,500.00

 
 
 
$
338,500.00

 
 
 
 
 
22- 0000.000
PLUMBING
 
 
22‐0100.999
Plumbing Sub
$
879,743.00

 
 
 
$
879,743.00

 
 
 
 
 
23- 0000.000
HVAC
 
 
23‐0100.999
HVAC Sub
$
134,255.00

 
23‐0900.999
Controls Sub
$ ‐

 
 
 
$
134,255.00

 
 
 
 
 
26- 0000.000
ELECTRICAL
 
 
26‐0100.995
Electric Car Charging Stations
$ ‐

 
26‐0100.998
Bi‐Directional Antenna System
$ ‐

Included with 26‐0100.999 Electrical Sub
26‐0100.999
Electrical Sub
$
1,940,980.00

Includes a $ 20,000 Allowance for Building 311 Make Safe and New 
Power Distribution
26‐5000.998
Interior Lighting Fixture Package
$ ‐

Included with 26‐0100.999 Electrical Sub
26‐5600.111
Exterior Lighting Fixure Package
$ ‐

Included with 26‐0100.999 Electrical Sub
 
 
$
1,940,980.00

 
 
 
 
 
27- 0000.000
COMMUNICATIONS
 
 
27‐2000.000
Data Communications
$ ‐