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Home My Public Portal About110-2012 - Metro - Trademark Construction - NSP 3 - 1STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR CONSTRUCTION MANAGER AS ADVISER Agreement made as of the day of , 2012. BETWEEN the Owner: City of Richmond, Indiana (by and through its Board of Public Works and Safety) 50 North Fifth Street Richmond, Indiana 47374 and the Contractor: Trademark Construction, LLC 189 Fort Wayne Avenue Richmond, IN 47374 for the fallowing project: Vaile Neighborhood Stabilization Project (NSP-3) Rehabilitation of two (2)houses (also known as Base Bid Package A) located at: 216 South loth Street, Richmond, Indiana 218 -South 1 Oth Street, Richmond, Indiana The Construction Manager: Crane, Inc. P.O. Box 1823 Richmond, Indiana 47375 The Owner and Contractor agree as follows. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION Contract Number 110-2012 1 7 TERMINATION OR SUSPENSION S MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORD 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. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement. § 3.2 The Contract time shall be measured from the date of commencement. § 3.3 Time is of the essence. As such, the Work shall commence within seven (7) days after the Construction Manager delivers the purchase order to Contractor. The Contractor shall achieve Substantial Completion (as defined in § 9.8.1 of the AIA232-2009 General Conditions) of the entire Work not later than One Hundred 'Fifty (150) Days after the date of commencement of the Work as set forth in Contractor's response to the invitation to bid. In the event services are still being performed and the Work is not Substantially Completed (at any of the location addresses listed in this Agreement and as determined by completion of the Construction Manager's punch list) by Contractor under this Agreement, liquidated damages in the amount of Two Hundred Dollars ($200.00) per day for each day past the time for completion as set forth above will be deducted from Contractor's retainage. Subject to adjustments of this Contract Time as provided in the Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current -funds for the Contractor's performance of the Contract. The Contract Sum shall be a stipulated sum, in accordance with Section 4.2 below. 2 § 4.2 Stipulated Sum §4.2.1 The Stipulated Sum shall be Three Hundred Nineteen Thousand Dollars and Zero Cents ($319,000.00), subject to additions and deletions as provided in the Contract Documents. Contractor understands, acknowledges, and agrees that the Stipulated Sum is contingent upon the availability and receipt of funds or program income from the NSP-3 grant money. Contractor understands, acknowledges, and agrees that in the event the availability and receipt of funds or program income from the NSP-3 grant money by the Owner is terminated or suspended, the Owner has the discretion to terminate this Agreement as provided in Section 14.4 of AIA Document A232-2009 (General Conditions). §4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: On August 30, 2012, Contractor was awarded the amount set forth in §4.2.1 above for the completion of services as set forth in the August 3, 2012, Bid Specifications ("Bid Specifications"). §4.2.3 Unit Prices, if any, are set forth in the Bid Specifications. §4.2.4 Allowances included in the Stipulated Sum, if any, are set forth in the Bid Specifications ARTICLE 5 PAYMENTS §51 Progress Payments §5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and issuance by the Construction Manager, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. §5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 7th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th day of the next month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than 60 days after the Construction Manager receives the Application for Payment. 3 §5.1.4 Progress Payments Where the Contract Sum is based on a Stipulated Sum §5.1.4.1 Each application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, unless objected to by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.4.2 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. §5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .l Take that portion of the Contract sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in §7.3.9 of the General Conditions; .2 Add that portionofthe Contract Sum properly allocable to materials and equipment delivered and suitable stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager has withheld or nullified a Certificate for Payment as provided in §9.5 of the General Conditions. §5.1.4.4 Reduction or limitation of retainage, if any, shall be pursuant to Indiana Code 36-1-12-13, as applicable. '§5.2 Final Payment §5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contract when the Contractor has fully 11 performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 (General Conditions) and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate for Payment or Project Certificate for Payment has been issued by the Construction Manager; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment. ARTICLE 6 DISPUTE RESOLUTION §61 Initial Decision Maker The Construction Manager will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 (General Conditions). §6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document 232-2009 (General Conditions), the method of binding dispute resolution shall be litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION §7.1 Where the Contract Sum is a Stipulated Sum §7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 (General Conditions). ---§7.1.2-The Work may -be -suspended by the Owner as provided in Article 14 of AIA Document A232-2009 (General Conditions). ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 (General Conditions) or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract share bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the Iegal rate prevailing from time to time at the place where the Project is located. One percent (1 %) 5 §8.3 The Owner's representative: Tony Foster, Director of Department of Metropolitan Development 50 North Fifth Street Richmond, IN 47374 §8.4 The Contractor's representative: Terry L. Robinson Trademark Construction, LLC 189 Fort Wayne Avenue Richmond, IN 47374 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §8.6 Other provisions: This document (Contract Number 110-2012) attaches and incorporates the following: Neighborhood Stabilization Project Guidelines; Project Program; Owner's Additional Information; AIA Document A232-2009 (General Conditions); and Contract Documents. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. §9.1.1 The Agreement is executed Agreement Between Owner and Contractor, Contract Number 110-2012. §9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. §91.3 The Supplementary and other Conditions of the Contract: See attached "Contract Documents" which are listed in order of precedence, and incorporated by reference. §9.1.4 The Specifications: August 3, 2012, Bid "Specifications (`Bid Specifications") and their associated drawings were provided to Contractor, which Bid Specifications are on file in the office of the Construction Manager and in the office of the Department of Metropolitan Development for the City of Richmond, and are incorporated herein by reference. C: §9.1.5 The Drawings: The Bid Specifications associated drawings were provided to Contractor, which Bid Specifications are on file in the office of the Construction Manager, and are incorporated herein by reference. §9.1.5 The Addenda, if any, are attached to the Bid Specifications. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents, if any forming part of the Contract Documents are: .1 AIA Document A132TM-2009, Exhibit A, Determination of the Cost of the Work, if applicable or attached. .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit. .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed. .4 Other documents are listed on the attached "Contract Documents" which are listed in order of precedence, and incorporated by reference. ARTICLE 10 INSURANCE AND BONDS Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to -- - person -or -property -or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any Hof them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. EmpIoyer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate 7 Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each aggregate IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "OWNER" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: Vicki Robinson. President "CONTRACTOR" Trademark Construction, LLC 189 Fort Wayne Avenue Richmond 47374 By: t 11 O By: Printed: bil0 5or Dian Lawson, Member 43� ByTitle: 4 W n �' a1 M Antony Foster, 11, Member ^ Date:�%— APPROVED: GtY Sarah L. Hutton, Mayor Date: Date: q b7 //-11-1 0 CONTRACT DOCUMENTS As referenced in Contract No. 110-2012 Article §9.1.3 Contract No. 110-2012 shall consist of the below listed documents. Any inconsistencies in this Contract shall be resolved by giving precedence in the order in which the documents are listed below: (1) Neighborhood Stabilization Project Guidelines{and its attached Exhibits). (2) Project Program (and its attached Exhibits). (3) Owner's Additional Information. (4) Contract No. 110-2012 (5) A-232-2009 General Conditions. (6) Bid Specifications dated August 3, 2012, and any associated drawings and addenda. (7) Contractor's Response dated August 23, 2012, to Bid Specifications NEIGHBORHOOD_ STABILIZATION PROGRAM (NSP) GUIDELINES As referenced in Contract No. 110-2012 Article §8.6 1. Confidentialily and Access to Records. All of the reports, information, data, etc. prepared or assembled by Trademark or Trademark's agent, subcontractor, qualified contractor, or architect, under the Contract, are confidential and Trademark agrees that they shall not be made available to any individual or organization without prior written approval of Richmond. Trademark understands, acknowledges, and agrees that the State of Indiana, the City as recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records of Trademark or Trademark's subcontractors which are pertinent to this project as an NSP program for the purpose of making audits, examinations, excerpts, and transcriptions. 2. Equal Opportunity Clause• Executive Order 11246. During the performances of this Contract, Trademark agrees as follows: a) Trademark will not discriminate against any employee or applicant for employment because of race, creed, sex, color, or national origin. Trademark will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, creed, sex, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; -recruitment - or -recruitment -advertising; layoff or - termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. Trademark agrees to post in conspicuous places information to be available as set forth in the below provisions of this nondiscrimination clause. b) Trademark will, in all solicitations or advertisements for employees placed by or on behalf of Trademark, state that all qualified applicants will receive considerations for employment without regard to race, religion, color, sex, national origin or handicap. c) Trademark will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of Trademark's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) Trademark will comply with all provisions of Executive Order 11246 of 'September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e) Trademark will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f) In the event of Trademark's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and Trademark may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. g) Trademark will include the portion of the sentence immediately preceding paragraph `a' and the provisions of paragraphs `a' through `g' in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Trademark will take such action with respect to any subcontract or purchase order as the administering agency may direct a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event Trademark becomes involved in, or is threatened with, Iitigation with a subcontractor or vendor as a result of such Trademark may request the United States to enter into such litigation to protect the interests of the United States. Richmond further agrees that it_will __be bound by the _above -equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if Richmond so participating is a state or local government, the above equal opportunity clause not applicable to any agency, instrument or subdivisions of such government which does not participate in work on or under contract. Richmond agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Richmond further agrees that it will refrain from entering into any contract or contract modification subject to -Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contract and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, -Subpart D of the executive order. In addition, Richmond agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions; cancel, terminate or extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate proceedings. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A) As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office ofFederal Contract Compliance Programs, U.S. Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form-941. d. "Minority" includes: i. Black (all persons having origins in any of the black African racial groups not of Hispanic origin); ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, - -- -- -- - -- - - -Central or -South --American or -other Spanish -culture or origin, - - regardless of race); iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia the Indian subcontinent, or the Pacific Islands); and iv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable trivial affiliations through membership and participation or community identification). (B) Whenever Trademark or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000.00 the provisions of these specifications and the notice which is set forth in the solicitations from which this contract resulted. (C) If Trademark is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which .have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. (D) Trademark shall implement the specific affirmative action standards provided in paragraphs (G)l through 17 of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Trademark is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom Trademark has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereof. (F) In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by_Trademark _during __the --training --period. Trademark must also -have --made ---- a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be pursuant to training programs approved by the U.S. Department of Labor. (G) Trademark shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of Trademark's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. Trademark shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: i. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where employees are assigned to work. Trademark where possible, will assign two or more women to each construction project. Trademark shall specifically ensure that all foremen, superintendents and other on -site supervisor personnel are aware of and carry out Trademark's obligation to maintain such a working -environment, with specific attention to minority or female individuals working at such sites or in such facilities. 2. Establish and maintain a current list of minority and female recruitment sources. Provide written notification to minority and female recruitment sources and to community organizations when Trademark or its unions have employment opportunities available and maintain a record of the organization's responses. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to Trademark by the union, or if referred, not employed by Trademark, this shall be documented in the file with the reason therefore; along with whatever additional actions Trademark may have taken. 4. Provide immediate written notification to the director when the union or unions with which Trademark has a collective bargaining agreement has not referred to Trademark a minority person or woman sent by Trademark or when Trademark has other information that the union referral process has impeded Trademark's efforts to meet its obligations. S. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to Trademark's employment needs, especially those programs funded or approved by the Department of Labor. Trademark shall -- - -- - --- - - --provide -notice -of-these --programs -to the--sources--complied -under-- --- above. 6. Disseminate Trademark's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting Trademark in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each locations where construction work is performed. 7. Review, at least annually, the Trademark's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on - site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. Disseminate the Trademark's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media and providing written notification to and discussing Trademark's EEO policy with other contractors and subcontractors with whom Trademark does or anticipates doing business. 9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving Trademark's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, Trademark shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. 10. Encourage present minority and female employees to recruit other minority persons and women, and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of the Trademark's work force. 11. Validate all test and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. -- ---12.Conduct, at least- annually, --an --inventory and --evaluation at -least of all -- -- - minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriated training, etc., such opportunities and encourage these employees to see or the prepare for, through appropriate training, etc., such opportunities. 13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and -employment related activities to ensure that the EEO policy and Trademark's obligations under these specifications are being met. 14. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Trademark's EEO policies and affirmative action obligations. 17. *Covered construction contractors performing contract in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any office of Federal Contractor Compliance Programs Office or from federal procurement contracting officers. * Proposed Rule (H) Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (full through 17). The efforts of contractor associations, joint contractor -union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (G 1_ through 17 of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation shall not be a defense for the contractor's non- compliance. (I) A single goal for minorities and a separate single goal for women have been established. Trademark, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female and all women, both minority and non -minority. Consequently, Trademark may be in violation of the executive order if a particular group is employed in a substantially disparate manner. (For example, even though Trademark has achieved its goals for women generally, Trademark may be in violation of the executive order if a specific minority group of women is underutilized.) (J) Trademark shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, national origin or handicap. (K) Trademark shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. (L) Trademark shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contact Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (M) Trademark, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph seven of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If Trademark fails to comply with the requirements of the executive order, the implementing regulations, or these specifications, the director shall proceed in accordance with 41 CFR 60-4.8. (N) Trademark shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned Social Security number, race, sex, status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the --application-of-requirements-for--the--hiring-of-local or -other --area residents- e.g., -- -- those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 3. NSP Funded Contract Provisions Richmond and Trademark shall include the following contract provisions or conditions in all procurement contracts and subcontracts as required by NSP guidelines, IHCDA guidelines, federal law, or the State of Indiana: (A) -Effective date of -contract. (B) Names and addresses of award recipient or sub recipient and contractor. (C) Names of representatives of award recipient or sub recipient and contractor who will act as liaison for administration of the contract. (D) A citation of the authority of the award recipient under which the contract is entered into and the source of funds. (E) Contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms, and provided for such remedial actions as may be appropriate. (F) Provisions for termination by the award recipient, including the manner by which termination shall be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (G) Scope of Services: i. Detailed description of extent and character of the work to be performed. ii. Time for performance and completion of contract services, including project milestones, if any. iii. Specification of materials or other services to be provided by both parties (e.g., maps, reports, printing, etc.) iv. An access to records clause including a provision that all negotiated contracts awarded by recipients shall include a provision to the effect that the state, the recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the contractor which are pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. V. A Conflict of Interest Clause. vi. Provisions for compensation of services, including the basis for submission of billings as the work progresses and specification of the total contract amount. (H) Bonding and Insurance Requirements, if applicable. (I) Federal Standards Provisions i. Equal Employment Opportunity — Executive Order 11246; Equal Opportunity Clause, goals for female and minority participation and --- _ implementing regulations. ii. Rights to Inventions Made Under a Contract or Agreement.. iii. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. iv. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). V. Debarment and Suspension (Executive Orders 12549 and 12689). (J) Section 3 requirements. 4.. Executive Order 12138: Women Business Ente rise Policy. For purposes of this Order, affirmative action may include, but is not limited to, creating or supporting new programs responsive to the special needs of women's business enterprise, establishing incentives to promote business or business -related opportunities for women's business enterprise, collecting and disseminating information in support of women's business enterprise and ensuring to women's business enterprise knowledge of any ready access to business -related services and resources. In implementing this Order an agency undertakes to use or to require compliance with numerical set -asides or similar measures. It shall state the purpose of such measures and the measure shall be designed on the basis of pertinent factual findings of discrimination against women's business enterprise and the need for such measure. 5. Conflict of Interest -- 24 CFR Part 570 Trademark shall comply with 24 CFR Part 570 in its entirety which regulation is incorporated herein by reference. Richmond and Trademark shall maintain a written code or standards of conduct, which shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by federal funds. No employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. 'Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his/her immediate family; C. His or her partner; or d. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. Richmond and Trademark officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements. To the extent permitted by state or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary agents or by contractors or their agents. 6. Required Federal Contract Provisions ---Trademark - shallcomplywith and require_ subcontractors,__ architects,__ and _qualified contractors, to comply with the Federal Contract provisions required by the Federal HUD "Section 3" Requirements as set forth in the attached Exhibit A, and the NSP guidelines, as set forth in the attached Exhibit B. 7. IHCDA Regulation Compliance Trademark shall comply with any and all IHCDA rules and regulations that are applicable to this NSP project and not specifically mentioned in or incorporated into this Contract. ,M, Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C_ 170lu (Section 3). The purpose of the Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income - persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the patties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Fart 135 regulations. C_ The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set for minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the anticipated date the work shall begin. D. The contract agrees to include this Section 3 _clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or latowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom -the regulations of 24 CFR Part 135 require employment opportunities to free directed, were not_ftllcd to circumvent the contractor's obligations under 24 CFR Part 135. F_ Noncompliance with HUD regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indiana housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work: to be performed under this contract. Section 7 (b) requires that to the greatest extent feasible (I) preference and opportunities for training and employment shall be given to Indians, and (2) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-o-wned economic enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). JEXHIB1T PAGE,ZOF Exhibit D FEDERAL CONTRACT PROVISIONS All contracts (including small purchases), awarded with Indiana Housing and Community Development Authority Neighborhood Stabilization Program (NSP) funds must contain the following provisions: 1. Equal Employment Opportunity The contractor and any subcontractors shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Rights to Inventions Made Under a Contract or Agreement Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Invention Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Clean Air Act (42 U. S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.0 1251 et seq.), as amended For contracts and subcontracts of amounts in excess of $100,000 the contractor or subcontractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Agency (EPA). 4. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member -- --of Congress; officer or employee of Congress, or an employee of member of Congress in connection with - obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 5. Debarment and Suspension (E.O.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. Procurement Procedures Neighborhood Stabilization Program Revised May 2009 _ Peter Hunt EXHIBIT j_ PAGE 1 0� PROJECT PROGRAM As referenced in Contract No. 110-2012 Article §8.6 WHEREAS, the City of Richmond (City or Richmond) has been awarded a Community Development Block Grant (CDBG) though the Indiana Housing and Community Development Authority (IHCDA) under provisions of the Housing and Community Development Act of 1974, as amended, (the Act), specifically through the Neighborhood Stabilization Program (NSP-3) grant; WHEREAS, the grant will be administered by the City's Department of Metropolitan Development with the assistance of Star Development, Inc., (Star) in order that the environmental review services, the grant administration services, and the program delivery services will be conducted pursuant to the NSP grant guidelines; WHEREAS, the construction being conducted pursuant to the NSP .grant guidelines will be overseen by the Construction Manager, Crane, Inc. (Crane) in order that the construction services may proceed in a timely, efficient, and cost -saving manner; WHEREAS, the geographic area covered by the grant, commonly known as the Vaile Neighborhood, consists of approximately -eleven (11) single family residents and vacant lots which are either vacant/abandoned or foreclosed properties; WHEREAS, the Vaile Neighborhood geographic area properties covered by the grant will be acquired by the City of Richmond (City) and at least three (3) of the properties will be rehabilitated - - ------and resold to buyers at or below fifty (50%) percent of the Area Median Income (AMI)-- during --the -- -- -: - initial phase of the NSP-3 project ("Phase I"). WHEREAS, the City of Richmond has determined that the services of a Contractor is necessary to provide rehabilitation services on one (1) lot under this NSP-3 project and certain Bid Specifications (also referred to as Construction Specifications) dated August 3, 2012, have been made available for inspection by Richmond, is on file in the office of the Department of Purchasing for the City, and is hereby incorporated by reference and made a part of this Agreement. Trademark Construction, LLC (hereinafter "Trademark") agrees to abide by the same; WHEREAS, the response of Trademark to said Request for Qualifications is attached hereto as Exhibit A, which Exhibit was received August 23, 2012, consists of nineteen (19) pages, and is hereby incorporated by reference and made a part of this Agreement; and WHEREAS, the scope and subcontractor list foreachproject location address is attached hereto as Exhibit B, which Exhibit consists of ten (10) pages, and is hereby incorporated by reference and made a part of this Agreement; and WHEREAS, Richmond desires to engage Trademark to render certain assistance in connection with such undertakings in Richmond. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Scope of Project Program Services Trademark shall perform for the City of Richmond all necessary services under this contract in connection with rehabilitation services of two (2) houses located at 216 South 10"' Street and 218 South 10 h Street, both in Richmond, Indiana, for the NSP-3 project and shall do, perform, and carry out, in a satisfactory and proper manner, pursuant to all NSP and IHCDA guidelines, the following: a. Comply with the Bid Specifications dated August 3, 2012, and all addenda attached to those specifications; b. Comply with the respective scope list for each project location address; All work must conform to the applicable materials and workmanship standards of the City of Richmond and the State of Indiana. All applicable laws, ordinances, and rules and regulations of all authorities having jurisdiction over the project shall apply to the project throughout. Firms will be required to comply with all applicable Equal Employment Opportunity laws and regulations, including Section 504 of the Rehabilitation Act of 1983 and all Federal Regulations contained in CFR Part 85, OMB Circular A-102 and OMB Circular A-87; d. Work performed under this NSP-3 funded project must comply with the IHCDA goal - -- __-_ of -a _ten _-(-1-0%o)_--percent _participation _by__ small, ___minority -owned,_- and/or __women's business enterprise (DBE). e. Trademark shall assist, communicate, and cooperate with the City, Crane, and Star in order to assure that City, Star, Crane, prime contractors, and subcontractors all comply with applicable federal, NSP, and IHCDA guidelines. EXHIBIT PAGE k OF_& �J1 w m v � r V o IV � o City of Richmond EXHIBIT PAGE `L OF4_ Wayne County — Richmond, Indiana Construction Program Construction Specifications sk BIDS FOR THE NEIGHBORHOOD REHABILITATION PROGRAM RICHMOND, INDIANA DUE: 23 AUGUST 2012 as 5c00PM 00 4100 BID TABULATION BID - 1 E City of Richmond XHItIT SAGE ` pF Wayne County — Richmond, Indiana Rehabilitation Program Construction Specifications ADDENDA The Bidder acknowledges receipt of the following Addenda.: Addendum # Dated S a la Addendum # Dated Addendum # Dated Addendum # Dated B II�ER +O: `T �Q BLcri5az 1ai]t►e' D6rik 1,r7, 1t4 am14$$ Y L ICE ij D BV><,#,Y'O 31 _"'a7 - w t 'Y 10 77"A71.A� l 4 5�-�a �"-5X a F � £ ��^�yy�.�Tl�• ��p� ; r./ � �,+. �i-Fk.�. Yak M Y - y . � '�7, Y•.-::. - - .��'�Yi•�Ski��iitir�'�,.i�i.3t3z��;�...iaai. sr��*�:,� x�,: ti.�..w:..,...,�, .-.�ia .-. .�a s �''. 00 4100 BID TABULATION L J, of EXHIBIT IV PAGE LA OF TJ 5lata Form W414 FMM No. 96 MaW CONTRACTOR'S BID FOR PUBLIC WORK FORM 96 lend PART I V (To be co.. for all b,ds. Atease type or print) WJ: Date. 8 a�jl� t. Governmental Unit (Owner): OF 2. county : � t4 ti/ N � .J 3. Bidder (Firm): 1 F} D E R K �Opj STR bL CTt o N L-LC1 Its Address. f Q Fo R7 ti v u� city/State: I i c olti I N 4 -73-7 4, 4. Telephone Number. 'iCv 5 Q 35 5a�o S. Dent of Bidder (if applicable): Pursuant to notices given, the un the Public works pmject of dersgned offers to furnish labor and/or material neamsmy to complete � i 1 F /RJC:ff-moN 6 (Gawornmental Unit] in awonda„ce with -plans and specifications prepared by and dated j Wi^Id,ppn 4,4_.___ I c "r for 1m sum Of ---- _.._`•�a1� rufmor agrees to furnish a bond or . nonce of the iettirtg. if &rnaWe bids apply, the urratecer d submitsdof this bid for an arnazmt notice- Any addendums attached wilt be ep r, tfic H l ai for each in aec d $cif m In the Y referenced at the applicable per. atx�e wcila the If addinona, units of Mateft, ineWed in the that shown in the original contract if cenksct ere needed, the coat of units `. basis, the Itemization Of the units shah ou -by the governmental unk If,fha bid is to bed be the s$me as on a sepaf� attachment. awarded awarded on a unit The contractor and his serb�oM i€ an s OF applicant for � Y, shall not discrirminate against or Intimidate anyemployee, directly or Indirectly relatedt to be emP led in the perforrnanc e of this contract with P Yam. Breach of this covenant maybe empbymeaot bee of rats, rdiglorx, color, sex, path to any matter regarded as I17 t t ,�,.�aa�%`t orthe cor3[TdC , •,� GIFT � ► �. CERT,FICATYON OF USE OF UNITED STATES GMEL PROD (ltapplicabte) UG f5 1, the undersigned bidder or agent as a con obligation to use steel rod tractor an a public works r �ctars employed made in the united Stages Q.C. 5-18_g 2). p nderstand my statutory understand that vtoFado is under may s protect wjtl use U.S. steel hereby cartify that I and al, y result in forfellure of -S products on this project if awarded. I rn�blal Payments. I EXHIBIT PACE �F ACCEPTANCE The above bid is amepted this day of . subject to the following conditions: Contracting Authority Membersv, PART 11 (For projects of $1 oopo0 or more -- IC 36-1 12-4) Govemmentai Unit ! o f RI C N+ n b N Bidder (hm) DEvn K C_Tl o nti L1_e. Date: e 3 l a These staiernents to be submitted under oath by each bidder with and as a part of his bid. AttaCh addiifonal pages for each section as needed, SECTION i EXPERIENCE QUESTIONNAIRE llVhdPubliaMft date of the current bid acts has your nrganizetion oonpieted for ft period of one 0) year prior to the `A mi pubiia WO tcs projects are now in process of consb'uctbn by your organhwfion? ContractAmount 1 Class of Work Compton Name and Addrass of Owner Date a5 7 50 -- j r a Ft!I`��TrE C'o►r+m . sec 9 oa©- , r a f r r EXHIBIT PAG 3. Have you ever felted to complete any work awarded to you? If so, where and why? ;.3 4. List references from private firms for which you have performed work. ct qd J Kq 4o INICMMOND Dutcwn o N �N .. �� lC RO],tP b1 5 ►effm p 4 f � 1��tQa/nT11ram- Ca 'lop E. M&OS R fC ON D � 1J `#fir iff�� Tf�u�A�r~ti'- G�t+�sr�k � �D • � cN � D - SECTION 11 PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your Plan or layout for performing proposed work. (Examples could Include a narrative of when You could begin work, complete the project, number of workers, etc, and any other infon"ation which you th believe would enable e governmental unit to c:cnsrder your bld.) jeE t{ f f t. ` Pr 2. Please list the names and addresses of all suboantractom V.e. Persons orffnms outside your own fkm who have performed part of the work) that you have used on public works projects duff the Past five (5) Years alonn with a bd Ption of thS W* done by each suboontractor: 461 8. If you intend to sublet a or110 y p the work, state" name and address of each subcanhwtor, equipment to be used by the subcontractor, and whQherYou will maulre a bnnrl_ wnumuor if —, -- --_.- •• w@vy JAWW O d UVAns. pjeaseuncerdtand a -_ - - appnwal. Until the oompletion of the g must 6a Provided prior' to corrtraat t pr+olwsed prof , l are under a continuing obllgadon to Immediately notify the governmental unit in the event that you st,bsaquently determine that you will use a # subcontractor on the proposed project. 4. What equipment do you have available to use for the proposed pro Any equipment to be used b�+ subcantr dOra MY 8180 be required to be listed by the govsmmental r t�"' ALL .*egs5'fFRj� 5. Have you entered Into contni is or received ofam for all materials which substantiate the prices used in prep,.aiing your Prop�s�W f not, please explain the rationale used which would corroborate the prices r fisted. SECTION Ill CONTRACTOR'S FINANCIAL STATEMENT Atfachrn'ent of bldde"s financial statement is rnandetory. Any bld subrrrlited without said financlal statement as required'by statute shall thereby be rendered invalid. The financial statement provided hereunder t the governing body awarding the co raGt must be Vedflo emugh In detail so that said Proper determfnaifon of the bidder's capabilityar corn k& the 9�sming body can make - p fJ projec# ifi awarded. 5 �Xh f13iT- "C r EXHIBITILPAGE SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other membsr, representative, or agent of the ram, company, corporation or partnership represented by him, entered Into any cOmbinat#an, collusion or agreement with any parson relailve to the price to be bid by anyone at such letting nor to Prevent any person from bidding nor to Include anyone to retrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other Person in r+aference to such bidding. He further says that no person or persons, flints, or eorporatian has, have or wid receive directly or indirectly, any rebate, tee, gilt, commissionor thing of valve on account of such sale. SECTION V OATH AND AFFIRMATION I CONTAINED AFFIRM FORENDER THE PENALTIES FOR PERJURY THAT THE FAM AND iNFORMATtQN CQNTAINF.D IN THE i?OI�EGOiNG BID FOR PUSUC WORKS ARE TRUE AND CORRECT_ Dated at i Nm CON) Itj this �. 3 day ot` t l C u sr. o?o IQ ACKNOWLEDGEMENT swvr� mar sue staternents contained In the km9cing daaument are true and correct. Subscribed and sworn to before clue this � J d aF �a ► MY Car11reEvr_sion fiypnmes: I/ A. I — County of Residence: e EXHIBIT PA J 1A Document A30T -1986 Confrac#or's Quaffficafion Statement J The Updersigned certifies under oath that the in ration provided herein is true and sufficiently complete so as not to be misleading: SU MMED T0: • s C,17Y• of RJCOMOtJLN� ADDRESS., Norztf4 5A , l +cwn ors o' IN 49374 This � is ved wd SUBMITTED BY.. recammanded by the American Institute ofAnttl#eds (ALAI ww The AssodsW General DAME; -T R A U M AR K GQ K 5 TR IA C D C L L e- Contractorii of Amwks (AGC) for use m etreluating the t qualr' 0m of contsactom No ADDRESS: �/ } T ll��`�� endorsement of the submWhp . Party or verfawdon of ft k 1 C H /Y7. o 1 o f N 415 t74 i made byAIAor AGO. PMN41FAL OFFIC : ❑ Corporation ❑ P.arbwv*ip ❑ -• Irtdi�iaual ❑ Saint Venum !j Outer L L 4 NAME OF PROriECT.- (if17pplicable) TYPE OF WORK, (File a septa uteArnr far each Cletay cation of Work) 0 General Construction 13 HVAC Electrical 0 Plumbing ❑ Other. (Specgy) § 1-0-ORGANIZATION 1., Hoof many years bas Your arganizadon been in busima as a Contractal? 3 4 VEftg5 AI Bl wmantA305T++--i966.LbisydghtA�984�1968,�9i9arxi1988 the AIA Document is protected by U.S. Capyrlght t aYvand I'i' Arllerkart ineGlute oiArcllileeys All ruts reserurd. WAFdONG- }7rls tnternatiks. nctwll sprosecttiedleprarluCitahord�tNlwitarsofthleAIA�i]aouererrt, a• any portion of it, m result in m Wn elvN and crtminat pertaitias, and will 1>e praseautsd to tine rua�um errtent possib[e under the iaw. Ths An*dc are Pemt of to � ten {7� cnples of this document tyharr camplatsd Tn report + ►yrighi vtoietiane arAlP, Canlrect pocurnenls, e-maQ Ths American InsHdtta of Arehi#ec`s' kgai ooru�se� egPYafa•org- FJCHIBIT PAGE § 1.2. How many years has your organization been in business under its present business name? 4 ygnKs § 1.2.1 hinder what other or former names has your organization operated? p A §' 1.3 If your organisation is, a corporation, answer the fi�lIovvig: § 1.3.1 Date of incorporation: § 1.3.2 State of mcmporation: § 1.31Presidews name: § 1.3.4'V'ice-president's namv(s): § 4.3.5 S'mary's name: § 1.3.6 Treasurer's namie: J § 1.4 If your organization is a partnership, answer the fallowing; § 1.4.1 Date of organization: § 1.4.2 Type ofparttlea 4. ifappucable: - .t § 114.3 Name(s) Ofgeaeral paxtn, s : § 1.5 Ifyour orgaluiza€ion is individually owaed, answer the following: § 1.6.1 Date of organization: § 1.5.2 Name ofown$r: The Adwrimn jf amtulO of An ftssl:ftd �cw sp�f wpy��tg ftakorq.nent copyrtpht v=n aia glp unde�avre-malt .a P. EXHIBIT SAGE § 1.6 If the form of your organization is other than those listed above, describe it and oat thv princi is: ' Li fn,T€D LI 1 8iLI" LamPgN 4 ONE 1'Y F-M6£.t2- Ror3lNsotj § 2.0 MENSING § 11 List jurisdictions and trade categories in which your regis'tratioa ar license numbers, if applicable. organization is legally qualified to do business, and indicate � I Q 0 is 2.2 List]arisclWons inch your orgauization's _ which partnership or bade name is ;fried. § 3.0 EVIM ENCE §A-1;List the categories of work that � Yo �aniza[ian normally Pees with its own Orch. 1NTE ion �telrnl WOOD rLooKtK6 § &? Claims and Salts f�.f*e tars"' to my of he questions WOW is yes, attach details.) 3.2.9 "As your organization ever railed to complete say work uwmied to it? r § 3.2.2 Are flare mYj,,dgamt% c}aims arbitration row' organisaftiort or its orlcexs? P or sorts pending or outstanding as*st your § 3.2.3 Has Your y Or$"zWon filedany law suite or requested arbittatiaa with Within the f ast five years? 1%u-d to o"8&uction contracts es § 3.3 Witbin the last live Years' has any officer or i another organization when it failed to P I of your act? zaatioA truer been an offcrd or principal of ` (1�lhe uuswe�• is Mete a oox�sauctiott contract? Y , , attach details.) § 3A On a separate sheet, list major constrraraonpro 'ecis ki �� Owner, amhitm% contract amount3 your or8attization has is Prog�. Ong the name of € percent complete and Scheduled e �X H ! !3 l T D • completion data State total worth of work in progress and under contract t �aW me11t A905 — y88B. Copyd�ht 1984� 1888, 3879 9tnf 1986 AiA PC ]S protected �]1 u S. C by The Amevlran tnBtlt�Ep of .' °r any pottlan o�irY ntay n3sult In sera irtl aw aAd Intematlonat Treatise. Unatilhorias ° 1,111 g' Rif ri8attg reserved. WARNIt+G: This hem arse PHnr+lned 60 �P�duce ton atittQ and ctimtnat penalties, and tvitF be d tel�ducHoq or distrlbutton of this AtA° Doatunent, `!ha t Dj MPIM of this darwlent vrhen cam Prosso4ted to the maximum extent Possible unaar t[re.Iaw. S American Inei3late of Arcitfieots' !agar Oeur�sel, capYn9ht�ai2.org. plated. To mpod_*Y+tght viOk Wns of AIA Can►aotDawmenle, e-Mal § S On a separate sheet, list the major projects your organisation has completed in thepast five years, giving the name of project, owner, architect, contract au wi4 date of completion and peneerr( of the cast of rs work performed with your own forces: 3J� l< E)( 1 T .5.1 State average aanual amount of construction work performed during the past five years: 9, 30 § 3.B On a;arate. sheet, list. the construction experience and Y individuals ofyour org��Present cammitrnents office 1<e t3iT �F"l § 4.0 IZE ERENCES § 4Trade, re&mrices: o.m-fnoN:5 L u-maEg Ca, `II SAKI PA)J1 R+CHMON.b t f if �N tc:lft4 Uat_L1RM5 , 3 51IR 9. MAIM STAGflmONbr E� �' .. VALLACE Hf-AnNG , 111 lY)irLbJ) q LANE, NE.UJ AW I5,(7 14 45341 FIR6T- 1319 RretHmoNE K o T '�v1 r �� `Sf,){�lehmoNDf t� tAN 1A N r F u s 1 15oo 6a� fit: , I e Hen ti>J D r �T �1� p SAY I lVcz 134N K § 4.3 Surety $ 4.&1 Name of bonding company: r4 g.,&2Name and as — dress of agent: D P19TP AGENC-q r 3b O Tit ST. § 5.0 FINANCING § 5.� rinanclai statement MA Af4ach a fnanClal statement; � fierabl audi s#afomerff{si�Owing the iblIasv � Y fed, iuciuding your organizaticn's latest balance sheet and income CnrrentAssets (e.g,, cash, joint venture accounts, accounts x�e ' roc, deposits, materials inveato�` and r� d e Fable, notes recaiv4ble, accrued .2 'Net Fred Assets; Prepaid 3; .3 Other.Assel Current Liabilities (e-&, accounts payable, notes Payable, accruedtMesapses .5 . advances, steed salaries and scarmed payroll tamll • ar, 'XP - PrOvision for income they Liabilities (e g, capiW, capital stock authorized and outstanding slimes .' sruphis and retained eMings), liar values, earned AW Daejmer t isY — eaao. von MG1Vt B119K ift , 979 anti 1988 bi'-tea q proteeteH by ti S. CsAyrigirt Low and Litarna8onai 7tsaties, Unaua►orr ed rear ArChi1QC1& AEt dehts reserved. Wi4t7i NtKi: TWO ��b any-pamen of it, may result In severs *4 and orlMin penalties, end wrlr . WCduction or drscribtziion attlilg AiA0©oeurnant, ��> Fuca ten (40j copies of Ills doo�mentwhen vamp. To !spoil GoPy�iQ vqW i ,W�ions afAlAum extant la ut�derutfiiasnra�we�t�ail 4 least eounsai, copY+lB aFa org. ODfilffid �� EXHl81T p AGE F� § 5.1.2 Name and address of firm pFrepadng attached financial staternenry and date thereof Ti?jiD MARK C0NSTRuC,zl0N r i § 5.1.3 is the attached financial statement for the identical o an;iza' tiOn named on page oue? § 5.1.4 If not, explain the relationship and f amcial responsibility of the or Provided (e g,, Parmt-scbsidi gani tion who " ose fenanctai statement is 5.2 Will the organization whose financial statamentis atta shed act as guarantor afthe cnnt d for cOmtruction7 'fps § 8.4.SIGNATURE § 8.1 Dated this day of § 6.2 20 Nslna of organization: TR fto�.f CO N S M u C TI O j J 1_ E�C'.r ► Title: Q W N SP,/ M F m 6 F i mislcad�g, deaos'csane jai ine ui%r��oh pravi+ h and s!> cie being y catnpietc so as not to be Subscribed and sworn before the this . <�i Z day of fI-uC-, l, sT 20 I a MaWFub-fiez A My co i •pa�x�ite !, t+rroK: You " f 11Co K�SrD 5NT of cA shout sfgn an otiginal AIA Co changes wig not be obsc what Aacumen#, on which this text apitears in fZED. An original assures that A!A DrKxt,11i I 3 iiji — A10 Da ZUMN9 ProtacLed y �,S rC i�t� �854, 98t19, 79T9 etid i9$s 6y fheAmert�r� t aFA �!+ Mutton of ik any rew;tkin sever cTviF and c�lrm�nai i1�aa8�. Upau prodar t d�'� ed.l�lfAW�ViNG: Ttd$ Putaliaseis are periat{lad t4 P�t4ltiaR, end wltf bd � � dlsb46pFaTori of �k AfA J�acumsnt, 7he7lrneHosn Institute o! An:htt �n (9 t1)caFtBsof �twhen cotnpl To to Fi�a �axTmum extenk posslbia brute tarr. legs! counsel, wpyr�,ieg• � caAyrts� vtatat�a of A!q .3 p�,�� g-mav 5 Exhibit W Sedion ExHiBIT PAGE F� 'awarded this job, work could be - within 150 days of the start immediately* I anticipate thus work to be complete workforce with date. We a�+e able to �ntrol the strong relationships t� we have formed with ours d�rs. I . COUPI� with our solid employee T� time and with solid emN r �' has allowed as to complete all of our projects on satisfaction. EXHIBIT PAGE OF I U a 0.i .° o con U U W E EXHIBIT „� PAGE !�, OF „� All R EXHIBIT PAGE L( OF ff , a1 ' V EXHIBIT PAGE�pF 0 V o n e .$ O h aCo � \ o e c• a n . ao er �• a; o � � � ,.., � o N o M . o N •« O Q O M OO Q O $ © p p � 0 Q O Q- Oen i9 ss 6g a ..y N M oao EXHIBIT PAGE 4F.A I U° . M M d O C ccq p C w pp Exhibit `F S 3.6 Experience IEXHIBIT Pr PAGE OL O� Ter L. Robin on -- owner Terry has beeninvolved' in near-homeconsftwfiOn since 1995. He was a Partner in H & R Developments from 1990 unfit his He has built more than 550homes partner retired in 2007. He is c� gin Pncc from $75,000 to $667.500. under � e sole owner of Tmdemark Co�� which has 3 er homes nsrtvction. family Project manager Mike �t996. � the NAHB &UMWV Course. He has been boil . Ong new homes since sHtae was 'employed by H & R Develo hoMM in 2007. pments for eight years as project manager until it He has been employed by Trademark. ConsWwaon since its inception in January J - of$ce manew 2 008. Marsi is in the office 40 houm She was employed try .R .P� week, stoin 2007 buddinghom DeVoPme�►ts for IS yews as bookkeeper,/secretary uut�i it Sh es . been employed by Turk Construction since its o inception in January 2008 _Project � Andy +was pmj� �, for G.L. Wilson Co ction for 4 yew, prior.to pgto Building CoMPMY and J.D. North Additionally, he was Project Trades CO�ucaon iu`Fe for 84 Lumber Company for n In F. bnEry 2012. EXHIBIT PAGE COI" SCOPE OF WORK NORTH HALF LOT 976 B & L FOR CITY OF RICHMOND INDIANA 216 SOUTH 10TH STREET, RICHMOND, IN 1. GENERAL INFORMATION A. All permits by Contractor at Owner's expense C. 2-10 warranty by Contractor D. Builders risk insurance by Contractor E. In the event Contractor encounters underground water or unacceptable footer soil, Owner will be responsible for any additional cost and remedies 2. FOUNDATION (GARAGE) A. 10"x16" footers with two rows of 45 rebar B. 8" block walls C. 4" deep concrete slab in garage D. Visqueen over pea gravel under slab 3. CONCRETE WORK A. T walkway to front porch from public walkway B. 10' wide drive to alley C. All concrete flatwork to be 4000 psi with limestone and have fiber mesh D. 3' wide walkway around house 4. EXTERIOR WALLS A. 3 '/2" fiberglass batts - house exterior walls and restrooms and garage B. Vapor barrier C. '/2" smooth drywall on house and garage walls D. 5/8" textured drywall on house and garage ceilings E. MiraTEC® rails at front porch, painted - color? F. Repair rake and fascia as needed, painted — color? G. Repair/replace existing siding to match 5. ROOF AND SOFFIT A. 30-year architectural shingle - color? B. Replace plywood roof sheathing, as needed C. Remove existing shingles down to deck D. 15# felt paper E. Repair existing box gutters F. R-30 insulation blown in ceiling of living area G. R-19 insulation blown in ceiling of garage F. Continuous ridge vents per code Page 1 EXHIBIT PAGE eZ- OF b. UTILITIES A. Natural gas furnace - forced air 90% by Maytag or equal (automatic pilot) B. Electric water heater - 40 gallon C. Laundry box for washer D. Plumbing per code E. Central air conditioning by Maytag or equal F. Dryer vent per code G. Two exterior water faucets H. Plumbing box for refrigerator G. Water softener bypass, unsoftened line to refrigerator, kitchen sink, and outside faucets (softener and installation by others) 7. ELECTRIC A. 200-amp service per code B. Electric outlets per code (outlets, switches, and covers in light almond) (wiring per blueprint) C. Lighting fixtures including recessed fixtures and bath exhaust fans (see Customer Option Values) D. Cable/satellite outlets using RG-6 wire - 4 furnished E. Telephone outlets using Category 5-E wire - 4 furnished F. Smoke detectors per code (see Customer Option Values) G. Front door bell and button (see Customer Option Values) H. 70 cfrn fanlight in each bath (see Customer Option Values) S. EXTERIOR DOORS A. 3' six -panel insulated steel at front entry, painted - color? B. 2'8" half-lite steel with grill at rear C. 3' six -panel insulated steel at garage D. 9'x7' raised -panel insulated -steel overhead door 9. WINDOWS A. Repair or replace existing windows with wood -sash packs B. Screens all windows 10. KITCHEN A. Stainless steel double -bowl sink (see Customer Option Values) B. Cabinets per plan, recessed -panel oak or maple - color? (see Customer Option Value) C. Plastic laminate counter top (rolled -edge) (see Customer Option Values) D. Disposal - InSinkErator Badger 1 E. Appliances (see Customer Option Values) — color? F. Kitchen faucet (see Customer Option Values) 11. HALL BATH - UPSTAIRS A. 5' fiberglass tub/shower — white (see Customer Option Values) B. Vanity same as kitchen (see Customer Option Values) C. Cultured -marble top with single bowl (see Customer Option Values) D. One faucet at vanity and one at tub/shower (see Customer Option Values) E. Toilet (see Customer Option Values) F. Two Alexandria chrome towel bars and one paper holder by Harney Hardware or equal G. Plate glass mirror with wood frame over vanity Page 2 EXHIBIT PAGE OF 12. POWDER BATH A. Wall -mount porcelain single bowl sink (see Customer Option Values) B. One faucet at vanity (see Customer Option Values) C. Toilet (see Customer Option Values) D. One Alexandria chrome towel bar and one paper holder by Harney Hardware or equal E. Plate glass mirror with wood frame over vanity 13. FLOOR COVERINGS (see Customer Option Values) 14. INTERIOR DOORS AND TRIM A. Six -panel colonists doors — primed B. Colonial trim casing (WM366) around doors only — primed C. 3" colonial baseboard (WM623) — primed D. Painted walls — one coat drywall primer, and one coat off-white flat latex (one color throughout house) — color? E. Painted trim and interior doors - white latex (semi -gloss finish) F. Schlage antique bronze knobs, thumb latch at front entry, and single cylinder deadbolts or equal G. Existing handrail - painted H. Hinges and doorstops to match finish of door handles 15. YARD WORK A. Rough and final grade B. Spread 6" of top soil (retained from excavation) C. Landscaping (see Customer Option Values) 16. OTHER NOTES A. Wood closet rods and shelves B. One garage door opener with one transmitter C. Concrete splash blocks at downspouts D. MiraTECO handrail at back steps E. 18'x22' garage at alley 17. CUSTOMER OPTION VALUES A. Lighting including bath exhaust fans, doorbell system, recessed fixtures, and smoke detectors - $2,000 B. Appliances - $5,000 C. Flooring (including all ceramic) - $6,000 D. Landscaping - $1,500 E. Plumbing fixtures - $2,000 F. Cabinets and counter tops - $3,000 Page 3 EXHIBIT PAGE OF VD a O bm q�El o cn cn N l� M M a W o U U a z a, I'D It o M 00 N — Lr) U a a bn O .fl U a 4 U u .� v •� ✓ M � x O '� V) 0 bR y ¢i d" M N_ C U_ M �° 00 o a� o N k Lr) a dN W d tf) Cd a a C O a s., z Q o U O x EXHIBIT 1�, PAGE _S_OF 1- DRAW SCHEDULE 216 SOUTH 10TH STREET CONTRACT $160,000 STAGE Demolition Excavation, slab, water/sewer hookup Rough framing Windows & exterior doors Roof cover Rough -in plumbing Rough -in HVAC & electrical Insulation Exterior cover Drywall Cabinets, doors, & trim Interior painting Concrete flatwork Final plumbing Final HVAC & electrical Clean up ALLOWANCES Lighting Appliances Flooring Landscaping Plumbing fixtures Cabinets & counter tops AMOUNT 30,750.00 7,225.00 15,075.00 9,675.00 9,975.00 4,425.00 11,310.00 3,600.00 9,300.00 7,125.00 10,950.00 3,000.00 2,500.00 4,425.00 9,990.00 675.00 2,000.00 5,000.00 6,000.00 1,500.00 2,000.00 3,000.00 TOTAL 159,500.00 EXHIBIT PAGE OF SCOPE OF WORK SOUTH HALF LOT 476 B & L FOR CITY OF RICHMOND, INDIANA 218 SOUTH 10TH STREET RICHMOND IN GENERAL INFORMATION A. All permits by Contractor at Owner's expense B. 2-10 warranty by Contractor C. Builders risk insurance by Contractor D. In the event Contractor encounters underground water or unacceptable footer soil, Owner will be responsible for any additional cost and remedies 2. FOUNDATION (GARAGE) A. 4" deep concrete slab in garage B. Visqueen over pea gravel under slab 3. CONCRETE WORK A. 3' walkway to front porch from public walkway B. C. 10' wide drive to alley All concrete flatwork to be 4000 psi with limestone and have fiber in D. 3' wide walkway around house 4. EXTERIOR WALLS A. 3 '/2" fiberglass batts - house exterior walls and restrooams and garage B. Vapor barrier C. `/z" smooth drywall on house and garage walls D. 5/8" textured drywall on house and garage ceilings E. MiraTEC® rails at front porch, painted - color? F. Repair rake and fascia as needed, painted — color? G. Repair/replace existing siding to match 5. ROOF AND SOFFIT A. 30-year architectural shingle - color? B. Replace plywood roof sheathing, as needed C. Remove existing shingles down to deck D. 15# felt paper E. Repair existing box gutters F. R-30 insulation blown in ceiling of living area G. R-19 insulation blown in ceiling of garage F. Continuous ridge vents per code Page 1 EXHIBIT PAGE OF __0 6. UTILITIES A. Natural gas furnace - forced air 90% by Maytag or equal (automatic pilot) B. Electric water heater - 40 gallon C. Laundry box for washer D. Plumbing per code E. Central air conditioning by Maytag or equal F. Dryer vent per code G. Two exterior water faucets H. Plumbing box for refrigerator Water softener bypass, unsoftened line to refrigerator, kitchen sink, and outside faucets (softener and installation by others) 7. ELECTRIC A. 200-amp service per code B. Electric outlets per code (outlets, switches, and covers in light almond) (wiring per blueprint) C. Lighting fixtures including recessed fixtures and bath exhaust fans (see Customer Option Values) D. Cable/satellite outlets using RG-6 wire - 4 furnished E. Telephone outlets using Category 5-E wire - 4 furnished F. Smoke detectors per code (see Customer Option Values) G. Front door bell and button (see Customer Option Values) H. 70 cfm fanllight in each bath (see Customer Option Values) S. EXTERIOR DOORS A. 3' six -panel insulated steel at front entry, painted - color? B. 2'8" half-lite steel with grill at rear C. 3' six -panel insulated steel at garage D. 9'x7' raised -panel insulated -steel overhead door 9. WINDOWS A. Repair or replace existing windows with wood -sash packs B. Screens all windows 10. KITCHEN A. Stainless steel double -bowl sink (see Customer Option Values) B. Cabinets per plan, recessed -panel oak or maple - color? (see Customer Option Value) C. Plastic laminate counter top {rolled -edge) (see Customer Option Values) D. Disposal-1nSinkErator Badger 1 E. Appliances (see Customer Option Values) — color? F. Kitchen faucet (see Customer Option Values) 11. HALL BATH - UPSTAIRS A. 5' fiberglass tub/shower — white (see Customer Option Values) B. Vanity same as kitchen (see Customer Option Values) C. Cultured -marble top with single bowl (see Customer Option Values) D. One faucet at vanity and one at tub/shower (see Customer Option Values) E. Toilet (see Customer Option Values) F. Two Alexandria chrome towel bars and one paper holder by Harney Hardware or equal G. Plate glass mirror with wood frame over vanity Page 2 EXHIBIT PAGE �QFAaj 12. POWDER BATH A. Wall -mount porcelain single bowl sink (see Customer Option Values) B. One faucet at vanity (see Customer Option Values) C. Toilet (see Customer Option Values) D. One Alexandria chrome towel bar and one paper holder by Harney Hardware or equal E. Plate glass mirror with wood frame over vanity 13. FLOOR COVERINGS (see Customer Option Values) 14. INTERIOR DOORS AND TRIM A. Six -panel colonists doors — primed B. Colonial trim casing (WM366) around doors only — primed C. 3" colonial baseboard (WM623) — primed D. Painted walls — one coat drywall primer, and one coat off-white flat latex (one color throughout house) — color? E. Painted trim and interior doors - white latex (semi -gloss finish) F. Schlage antique bronze knobs, thumb latch at front entry, and single cylinder deadbolts or equal G. Existing handrail - painted H. Hinges and doorstops to match finish of door handles 15. YARD WORK A. Landscaping (see Customer Option Values) 16. OTHER NOTES A. Wood closet rods and shelves B. One garage door opener with one transmitter C. Concrete splash blocks at downspouts D. MiraTEC® handrail at back steps 17. CUSTOMER OPTION VALUES A. Lighting including bath exhaust fans, doorbell system, recessed fixtures, and smoke detectors - $2,000 B. Appliances - $5,000 C. Flooring (including all ceramic) - $6,000 D. Landscaping - $1,500 E. Plumbing fixtures - $2,000 F. Cabinets and counter tops - $3,000 Page 3 EXH1BlT PA��" 'C�� an o O cd Cd td O bq to cad to tZ4 bA +U) M o xO o CD -d o 14 ai pcct o ° x 3 es U N cd U U Pk H x O O crl M N O N M In Y Q1 CN � l� N M � - kn ono a It W �t Ln (n U a a � " U cl� yU cd O `n U Q? U cd rn .54 Q r"' O O cd sto c � V] W U � cn xi � �l ,� o � H '�✓ DRAW SCHEDULE 218 SOUTH 10TH STREET CONTRACT $159,500 STAGE Demolition Excavation, slab, water/sewer hookup Concrete flatwork Rough framing Windows/exterior doors Roof cover Rough -in plumbing Rough -in HVAC & electrical Insulation Exterior cover Drywall Interior trim Interior painting Final plumbing Final HVAC & electrical Clean up Floor covering Appliances Light fixtures Cabinets & tops Landscaping Plumbing EXHIBIT PAGE =-ORLL AMOUNT 32,480.00 310.00 3,255.00 12,865.00 8,215.00 12,012.50 3,875.00 15,035.00 3,720.00 9,300.00 6,897.50 11,392.50 3,875.00 3,875.00 12,245.00 647.50 6,000.00 5,000.00 2,000.00 3,000.00 1,500.00 2,000.00 1071 AL 159,500.00 OWNER'S ADDITIONAL INFORMATION As referenced in Contract No. 110-2012 Article §8.6 Compliance with Laws. Trademark shall comply with all applicable laws, ordinances, and codes of the Federal, State, and Local governments. 2. Term of Agreement. This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the rehabilitation of the two (2) houses located at 216 South 10`h Street and 218 South I O'h Street, both in Richmond, Indiana. As set forth in § 3.3 of Contract No. 110-2012, time is of the essence and the Work shall commence within seven (7) days after the Construction Manager delivers the purchase order to Contractor. The Contractor shall achieve Substantial Completion .(as defined in § 9.8.1 of the AIA232-2009 General Conditions) of the entire Work not later than One Hundred Filly (150) Days after the date of commencement of the Work as set forth in Contractor's response to the invitation to bid. In the event services are still being performed and the Work is not Substantially Completed (at any of the location addresses listed in this Agreement and as determined by completion of the Construction Manager's punch list) by Contractor under this Agreement, liquidated damages in the amount of Two Hundred Dollars ($200.00) per day for each day past the time for completion as set forth above will be deducted from Contractor's retainage. 3. Cornpliance With Worker's Compensation Law. Trademark agrees and acknowledges that it is an independent contractor and will not seek Worker's Compensation coverage from Richmond in the event that one of Trademark's agents, employees or contractors is injured while performing the terms of this Agreement. Trademark further acknowledges that it will comply with Indiana Worker's Compensation law. If Trademark is an out of state employer and therefore subject to another state's worker's compensation law, Trademark may choose to comply with all provisions of their home state's worker's compensation .law. 4. COMPLIANCE WITH COMMON CONSTRUCTION WAGE LAW Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction Wage law, and shall, during all of Contractor's work under this Agreement, provide the City with complete and accurate certified payroll documents. Contractor shall use the forms provided by the Department of Public Work and Engineering, unless Contractor has comparable software to generate the certified Payroll documents and such software is approved by the City. Such documents shall be submitted within forty-eight (48) hours of each pay period for work completed under this Agreement. Should Contractor fail to timely supply the City with said documents, or if the City has questions concerning the documents submitted, City reserves the right to do any of the following: a. Stop payments to Contractor under this Agreement; b. Interview employees to verify wage payments; C. Request from Contractor copies of cancelled payroll checks; d. Report Contractor to the Indiana Department of Labor; e. Report Contractor to the Internal Revenue Service; f. Consider Contractor to be "non -responsive"; g. Consider Contractor to be in breach of this Agreement; and/or h. Refuse to hire Contractor for future Contracts with the City. Withheld payments will not be reinstated until proper certified payroll documents are submitted to the City. Prohibition Against Discrimination. 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Trademark, any subcontractor, or any person acting on behalf of Trademark or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Trademark, any sub -contractor, or any person action on behalf of Trademark or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Trademark by Richmond under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by Richmond and all future earnings may be forfeited, in the event of a second or any subsequent violation of the terms or conditions of this section of the Agreement. 5. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. 6. Compliance with Indiana E-Verify Requirements. Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 7. Access to Public Records. Parties understand, acknowledge, and agree that any information received by the Owner may be considered a public record under the Indiana Access to Public Record law and may be treated as such. $. Miscellaneous. This writing constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. Any previous discussion, negotiation or dialogue relating to the subject matter contained herein is superseded by this Agreement. Furthermore, both parties agree that no discussion, representation or negotiation, other than that contained herein, has transpired relating to the subject matter of this agreement and that neither party is relying upon any negotiation or discussion that took place prior to this agreement. Furthermore, both parties agree that this contract is contingent upon Richmond being awarded the NSP Grant by Indiana Housing and Community Development Authority. "All fflmw-v A- -A bocti. hi -2,32, f Condiflons of =the Gong` , & for o� s#��rc ion n =Nfanager "a ser Fifion s _ flowing PROJECT: r T� and location or a0*ss;) } This dacl�r3tent has impoifanflal e t�orfaences Consalt�t 3t; ' 3 �A]Py is en6DUI�u W11 i C01�1S� ON , . ER: h aspect fq its compietiotl irr le its xrio titication. ' This • :�„ n ��'` � -'° ��7�7"it is rrlto�[d� fq {3e �phjrxnr,#IOR A a Imer�ts 73z"'g;. `rt � �f�a��iard Form a� Agree�iri�iat r twfMen �wn�� end �flrltracto�r '� � • '� - � .C�r4stE�bftcln 11�anajetas �4cE�ssr' s ss {cditeon �13�`r"'' 2Q�9 Standard- . °drfn of Agreement Between st ' Y; G w,i �iVf1��BIiSd4CCh�tEGt f.'9llstl'kiIn Gt30[] ,yv f r ;n, s ` 3 $ as.Advi rdlteoa I� a se .arid 2009s��a�t�iard �t�117� of �, ,r �Y T ' olfstrltchon Manager as Adviser, statrg .a. 'EC T b CONSTRUCUOR MANAGER ;SUBCONTRACTORS 3r 6 CONStRUCTION SY OWNER OR BY OTHER "CONTRACT -ORS CHANGES IN THE WORK - TIME PAYMENTS AND'COIUiPL-E ON - 10 PROTECTIOWOF PERSONS ANII ERTY' ..v t_ Iff ON MCE ANpO1i35 = 1 x d�SaING�NDpRI2CTION OF WORK fi1IfSCE� EANEOUS PROVISIONS r 14 TERMINATION OR SU'SPF-NSt0N M TRF CnNtRArT 15 CLAIMS AND DISPUTES AIA.DotumOntA232TO-2009(foiY66ilyP20(TmC— Ia 193 ):CopYr+9isi i9 2a d Ink WARNING- This AIA --Document is prc3tec by f7 S Copyrtght-Laxi- n4d tntorrie�-c i Ate Document, or any portion ofit, may f"t ld "V&e civiFand trimiaaY.pena1 6 j under ttie law. Purchasers -are hotpermitted td reprod4ce this documr ) t: To,mpo t copy Institute of Architects' legal counsel, copynght@aia.org_ tZy . Ameridri Insfitutet3f Arct�dezis All rights reserv&d. 1 ; Unauthor Ft reproclu an -or dFstributf0n of this rtrd;t il.tre prosecuted to the"Imum extent possible ft. violatioris of A..' nlrad DocurnerKs, e-mail The American INDEX Architect's Adiriinistratitin of i&antract r {Topics and numbers in b04 4 2, s �� a r - - ➢ bilecN'"•i-r } , _ - j�t',s Ar@i1S - a " 3 12 8 a rA�C e0�N0IlC6A5��§��a_ut� t�Ghtttt$ A1I104SP13 p, 12.3 4.2.8, 12.1.2, :12.2 1 E s of Work = Architect's Cagyrtght �5 a 9.93, 9.10 423 1.5 1 Atio Work ti ci _ z Arch test' De sra ; x j 2.1 12.1 t4. 4.28,739.74384 A A 'Ac er Prevention 13 52, IUA2- 4 4- 1 ;2 ArChjtGW Ips eet>�oxis and O : Leis " �+,-4, 9 8 3, 9 9.2,1:11,1 i_2.2, .1 83 3 � �,' a rciT�teef's struCj gps _ } 3, 13.. riy 3:2 4, 7.!1 9.4 7 Ilda y ArChltGfitsBntSL3eidT r 3: 4.2 8, 4 2_I7, 4.2.8 `�dplo y. A,rchite's On Site Ol�sa>. d.2 2, 9.4; 9 J 1, 9 ltl 1,` 7 1� �4 : Architect's Project Repscnt _ddi s 4.216 - -. , 3.2 2 31-3- 3 �. 1 °� 3 `� 2, 3.9-3; 3..10 3,11 3F12 4 2, , on e .2.2, 82, 113 7;12 3s 5` 4, 3, _ 1- a . Architect's R•clatierhi vtittthosircktix 11 '_: din>IItt aho f 1.1.2, 9:3 #hroug#a.9 1�, Ili 3,13 5 b1,1t1 �IO; 13.4.2, 13.5.4 a Ad is n 4t 4 - Architect's Relatiohshzli With-Su1b{ ttat�` rs 11-2,4.2.8,5.3:96 ,4 ' Rt L=._ .. - Architect' 5 R �s� i� y .I. A .� f n t . 9.4+- _ 9.5 9.10 I . ]p � Architect's k NwAts 4.2~2, 9:4; 9.5 I; 9 S 3; 9.9 2, 91, 1a 13.5 �� r Asbestos 11,ia3. 10.3-1 A (r << # Attorneys' Fees 4, 9.5:1, 9.7, 9_,` 3.18.1, 9.10.2; I0.3.3 3= ny j l .i y 14.2A Award of Other Contracts ¢ eft Apprci a4 xA 6.1.1, 6.1.2 10-1, 3.110:2, 3.12.4 t"ph Award of Suhcontract5;and a ter CQ t� acts dot -2.9, 9.3.2, 13.4.2, 13_ artiEni�s of tlie' olr�e Arb'r anon ... 5.2 $.3.I;1.3.13.1.1, I5.3.2; 1.4. BasicDef><nitiot�s y TE& AR.II �. LX 4 Bidding Requiremenks S architect, Certificates for Payniertt 1:1_I, 5.2.1, l I.4.1 T� 4 Binding Dispute RcsvXiitivn Architect, Definition of 93, 11 3..9, 11 3310, 1-3-1:,15 , OM 1 a - 77 4.1.1 15.3.2, 15_4_I Architect, Extent of Authority = _ 4 _ 061V r:a0d 11 acli II 1,49Atf`IM s == .. 4 9.3:11 �9�4 0.9 � -911 _4 11.3.2 5. - 5 BO1vDS IN .�.. 12 2:3 1=�:S:i 13:5.2 1S.I.._3 , i3RAI�� _. . -� 'ons of Authority and Responsibility Bonds, Lim 4.2.2, 4.2 8, 4.2.13,;, 6 4; -7.3.7.4, 9-W 15.2 Y.Ands, Pei[forkatGe`�t ..: r Architect's Additional Servicos, and, v6MPs 7.3. 7.4, 9.6.7, 9.10 3, 1 3 9h 1 �4 2.4, 11.3.1.1, 12.2,1, 1-2;�.4, .M5 2.. . s AIA Document A23z- �',bo 1(ior e X JL' fi# Nla� 1 a��/ri9 7 52 anc120 by AmencaA 9 teservex3. Init WARNING: This Aie Documop+ us �ssfiS�# i}yT1;;. � t �i�t�l�f� t %tasot�[ : rcaties:. una MeRocumen#, or any:por#�on oft, m,tsali iseeiacilurzdilt4peral#ees, any+-iaf!! tse proseTefi t� ae•>iraxtstiurn eter# tsC59 ! ander the law. Pljrchasels a natp tr ll�e1 {vie c i is tt{ iritgi� o PwLc opyrighf vioia6�rris flf AiAGa�it►ad#) m�n4s :exnBil Tf American Institute of Architects' legal counset, cop]rsight@a�a. Building Permit Concealed Pr UoknOW4i Conditions_ 2.2.2, 3.7.1 3.7.4 4.28, C3 -:103. Capitalization Conditions ofi ie;Contract 1.3 drtrfieaf&of Substantial Completion . Consolidation or=7oiidider -9 8 3 --9: 4 9.8:5 15:4 4 ~h y �. :Certificates for Paynieni CONSTRUCTION BY•OWNR Old -BY OTHER :. 4.2.2,` 9.3.3, 9.4, 9.5, 9.5.1, 95 6, 97, 9 i.l; 9 14 CONTRACOR:S - - 5>�3- 1.1.4,E Y Icates of Insp.Ection; .Testing or Approval Construction Chance Directive, Definition of .4 ficates of' urat3 7.3:1� Construcp�un C'h:a ge Directives hSW� 2,9102z�kr1.3 =r ;�,C6nge Or. - all,34.2,3128,4212,42.13,711,,712,7:13t. ,; 1.1, 2.4 3 �; B.7. 3 :i, 3.12.8; 4 1� Construction Manager, buildiung l'errS ' 2. 3 4214 31 12 7.2 73.2 7,.: f 1 , Y f 34 222 .. " 409 =3 1, 9 10 3;:3 2i . Construction Manager,:Cornntuations thrdn u 1 5.1.3 �e 4.2.6 an Construction Manag- r Construction Sohiytlule z 3.I0 1, 3.10 3 CONSTRUCTION OW4AGM R 4 r CH,Ts1; - - - :.-- Coiastetion. Matzager Definition. of _ . 2 2 1,r3:4� 14, %$:3.1, 9 3 I: 1 T 4 `1.2 44 Construction Manager;.Documents 4AA-SAMAes atthe r= -Site _ akaAI 3.11 2, 9 3 3, 9.1 Q.3, Construction Manager, Extent of Aoirity , 3.12.7; 3.1.2:8, 4.1.3, 4.2.1, 4 24 4. .2 9, 7:1 2; Clarrlis for Adds `1 r 7.2, 7.3.1, 8.3; 9.3.1, 9 4 1, 4 2 9 4.3; 9:8 2, 9. 3, _> 3 2 3:'i 5, G:. 11, 7 , 9.10A, 10.3.2, 10.4, " 9:$A, 9.9.1, 12.1,14,2.2, 14.2.4= t � 11y 1,4 ... Construction Nla� xer, .imitations of Authority. and }farm fir AddrtYonal Responsibiltt` - a 24,3. ,7 ri .S 4.2.5,4.2.8,13.4.2 3 ncealed or itsns, Claims for Construction Manager,' Submittals - 3 7, 4.2.9 Claims for D-ria w Construction Manager's Additional Services and, 3 2 4, 3.18, I .,1 3 9.3.3, 9.5.1:2, 9.1-0.2, Expenses 12.2.1 ;r Cleant ig Up Construction Manager's Administration of the v `.15, 6;3 "rr s Commencement of 'imitation Period Contract 4&)ry .2, 9.4, 9.5 .13.7 Construction Manager's Approval Commencement of the Work, Definition of 2.4, 3.10.1, 3.10.2 8.1.2 Construction Manager's Authority to Reject Work ` - Communications, Owner to Architect - 4.2.8, 12.2.1 :,2.6 Construction Manager's Decisions =x Communications, Owner to Construction Manager 7:3.7, 7.3.9, 9.4.1, 9.5.1 .2;6 Construction Manager's Inspections Communications, Owner to Contractor �._ 4.2.8, 9:8.3, 9.9.2 2 2 6 Construction -Manager's On -Site Obseivations L �nttltr 'r�Faciatntlftg riOtact A• 4' 9.5-1 ' ZC ' tp,k dmril �tr xi n - Construction Manager's llclationship with Architect. � 3 9 1 4, f xz' �- 1.1.2� 4.2.1, 4_2 7-A 2%; 4.2.9, 4.2,13, 4.2.15, 4.216.; - 4.2.20, 2; Y � ' ,CON€ 11 , PA'Y`1dKNTS AND 9: s 4 9:6 9:6: i, 9.6:3, 9_8.2, 9 8..3;:"> .: -. . 9 9.8.4, 9.9a . 9 10.1, 9.10.22 9.10.3, 11.13, 12.2.4, Completion, Substaintiad 135.1, 13.5.2, 13.5.4, 14.2.2,14.2:4 4.2.15, 8.1.1, 8.1.3, 82.3, 9A.3-.3 9.8; 9.9.1, 9:1o33; 12.2.1, 12.2.2, 13.7 in{ AiADocument A232?14-2009-(fornieNyA2tlln-CMa—"92}:Copyiigl WARNING, This Ale document is protected-by-U.S. Copyright tan -. Ale Document, or any portion of.it may restilt in severe chi] and or under the law. Purchasers are not.petmitted to reproduce this'docuinent institute of Architects' legal counsel, copyright@aia.org. and 2009 by The American `Institute of Architects, Ail,rights feseryed. Eationat Treaties, Unau'tharLmd 1regrodctatiou br distributio0'bf this 3 nalties, acid will be prosecuted to the maximum extent possible copyright violations of AIA Contract Documents, -e-mail The American Construction Manager-s-Relatibn�� nntraetor Coftractor's Li 1}ilrty %rasul ranite 3-22, 3.2.3, 3.3.1, 3:5, 3.10.1, 3 14.:2,1403 11 3.12.5, 3.12.6, 3.12.7, 3.12..S 3 I2z�,A-, 0, 3 s' .2 Contractor's Relationship withOther Cotrtradd arld AA Cw] ces ; 4, 4.2.17, 4.2 20, 5 2„ 6 ?�.� lZ � ;< 3,12 S, 3 _ I4 4 6� t� 3�4 2 2- �i Gr p .� 7, 7:3.10, 8.3.1, 9 2 3 1� 1, 4 Cry tractor s keiat�onsh p with 5 beontrae€off zyh $ 3, 9 A, 90 3 I. 2, 3 3 2, 3 18;: 5, %6.2, 1 3 2, 12 1 13.E t�'t�o lsrlanaer's Reiat�totts%th dvner . Coriiro.�'s Aolattonsz vte#clutect �w 5 3 7 4 3 0' =Y onstz-action Manaber's Relation. p t ?er. _3.1, Metors O ne � s + *' Fi ' ' 7,i- ,�.7,.10 Vy.1�.3 R i3 7, ,7, _ s r traction ale patrons on ctor's lZelaoinship; C6 utc q �ontra s �. `� an :. LL 6-� 1_L2�-17 223?3;33,1,-,31�,3311}3> x� i 2, 314 ffli 7 4 OQ =A s�i traEe 10 2 6, 1(1. , 1-7 ,1" is 3 1 d. �'vOY Yna�iia �flt C �kf�rRe1?ieseIlta3tts �6,2,1t21,33,982 eon,�'dntractr's AEc�nsibiltyflr'tose:Eerforg c 'n th Work C 1N l�WERM1 i 01 '�U� I 3�1 ^ . 3.3 2, 3.1$, 5 ; 6.1 3, 6.2 9i21.s' 1E12 $ < z �s ° 1F ' emu Contractors-R•oview of.G ontract<l o urnents' jFv56 Colt�wit A tona _ Contractor's Right to Stork IN ao id _gin, Co ndit►ons;1��Ia#ing Contractors Rlght�'T`mrmiriat the Contract . � - 14.1 3 7 1 *if1 5 3.6 11 4 1 Contractor' binrttals ' K ' :: ' inldact Does lauznished.and 1 - 3.10 2.3.i 1„3.12; 4 2.9, 9 2; 9; 9r2, 9:9.1, 9.10.2., 9.103, 11.11.3, 11.4.2 Cantrciottii! �nttion of Contractor s Superintendent. �' . 3.9, J-U2.6 Copt Perfa�tDunn Arbitration Contractor's Supervisiozil and onstxuction Procedures I5 1 1.2.2, 3.3, 3.4, 4.2.514.2.7, 6.1, 6.2.4, 7.1 3„7.3.a;. Con€e#g --xv ,7.3 7 8: , 10, 12, 14, 15.1.3 3 4, 3 7.5; 3.$, . I (142 5.2.3, 7.2, 7.3- 7A, 91, 9 2, Contragfual Liability Insurance: -95 1. 4,9.6.7,, 9.7, 10:3.2,11.3.1.1,,.12:.3, 14.2.4, 11.1.1.8, 11.2, i 13.1,5 14.3. , 15 I n i5.2.5 Coordination and Correlaa too Contract Tirz 1.2, 3.2, 3.3.1, 3.I0, 3.12.6, 6.1.2, 6.2.1 3.7.4,'3.7.5, 4, 3.10.2, 5.2.3, 7.2.3, 7.3 1, 73 5, 7.3.iQ, Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 1.4.3.2, 15.1.5.1, 15.2:5 Copyrights ;:Contract Time, Definition of 1.5, 3.17 Correction of W-o t; CONTRAD1t 2.3; 2.4; 9.4 i, 9.4, 9 8.2, 9 8� 9 i, 12 i .2,12 2 _ CarreiaYfonandbtejit-tit�raEtFlocumeW .: a` ion cif 1.2 _ 3n 1t 1vu Costs stri> &Ii Szhetiules ... .4, 3.2.4r 7 , 3'82; 3.15 2;:- .4 2; .1.1, 6.2:3, 6.1.3, 15.1,5.2- 7.3.3.3, 7.36, T3.7, 7.3.8, 7.3.9, 11.3.i ?, i1.3:1.3, Contractor's Employees 11.3.4, 11.3.9, 12.1-, 12.2:1, .13;5, :14 : 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.�-.6, .10.2,10.3, Cut ibb acid Fa Ecuang . 11.1.1,11.3.7,14.1,14.2.1.1 :-3.14,6.2.5 Snit WARNING: AIA Document.A2327f° -- 2009-{formerly A0o11*014a-1902}: Gopp t:® 9 pnd 2 !!(39 by ie ricare Ihstitule Af Arcl�dects All r�yhts reserare i ARNING: This Ale Docuinent.ia protected by U S: i�tspi�l5htt vim. inn lnt 'mahonM Tireaaos.-Unauthorized reproduetiab or dis`riE;ertton oftsis . AIA� Document, or any portion of it, may result in -severe e1+.9 and c-: itni—rpenalties. and w!!i be.prosecuted to the max;mum extern possible . 4 under the laws. Purchasers ;ire rmt°°perFbi�ted: fo repnocl�toe.#►is:docum6nl � T` Mpori topyrigl><violations of A!A Cotilracf Dppim6nts; e-mail American Institute of Archltects' legal counsel, co pysight&ia:org. Damage to Construction ofOWner or Other: Execution and Progress of the Work Contractors 1.1.3, 1.2;1, 1.2.2;2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5 3.142, 6.2.4, 9.5.1.5, 10.2:1.210:4; 1L1:11- 3.7.1, 3_I0.1, 3,12, 3.14, 4.2 6'2.2; 7:1.3, 7 3 5>;'8:2, 113, 12.2.4 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.11 15-1-:3 } park ei© the Work Extensions of Time F k Y f ti'5. 4 P1, 10.2.1.2, 10.2.5, 10.4; I1 3 1, -O 2 4, 3.2.4, 3.7.4, 52.3, 7.2.3, 7.4, 8.3, 9 5 1, 97-;2 10.3.2, ;Claims for 10.4, i4.3i 15.1.5, 15 2 5 z. . 6.1.1, 8.3.2,10.3.3 1L.I.1, ii 15, 11-3` 7: Failure of Payment z y i4 2, 15.1.6- 9.5_I 3, 9.7, 13 6, 14 LI 3,:14� 1.3 i4 2_X.2, 15 14 .$ amages for Delay . Faulty Work See De�ec�ive or, Noaconfo�tning Work) 6.1.1, 8.3.3, 9.5.1.6, 9.7 0.3.2, 15.1.5 Final Completxoiniand Final Pa nl>ent -mate of Corzzmencerneg the Wotk, .i#t z o 4 2.1.4-, 26b.$.2, 9.10, 11 1.2; 11 1.33 113 1, . 81.2 - a 143 S 123 152:i ' An :Date of Substan ial Co on; I)e�t�rt f Financial rangeziaents; Owner's t $ l 3nlv 2.2.1 �? Da Defitnf `., GENERAL PROVISIONS { ". Ltec ion a t is GoverningLaw :,9 13,4215,4216; 13.i �_ n '4 2 1 2� 2 1:3 ,8 31 9 2, 9 4 9.5, Guarautees (See Warranty and Warranties). �U-N� 8 3; 9� � 2 2, 4 2 4, 1 i5 i,3 Hazardous Materials ��Dec1�5 f is eager ..4.s� ldeatrflca ion of Contract Documents . - s rYIi identification of Subcontractors and Suppliers r Dectie` x o k; Acceptance, - 5.2.1 1,'6eQ0qA ands t. Indemnification` 3 5, 4:2` $ 6 fi; 9 $� 9 9.3; 3.1$, 9.10:2, 10.3.3; i 0.3:5 10:3.6 11 3 1 13.7 " 7 9 1 Q 412,24, 12 � Information and Services Req llr l °.the Owlner 17e#rnxtpus'� ' Y. .2.12, 2.2, 4.2.6, 61 2, 6 2 T5, Cx 1, 9 fi 4, 9 8,'9;9.1,. 1:1, 33.1, 3 1 3.1.2r3, 4.i.1,,4.1.2, 9.10.3, 10.3 2, 10 3 3, 11 I; i 1.3.4, 13:5_1, 13 5:2, y 7 2, 7 3, i,13.1, 9.1 Y�.j.l 14.1.1.4, 14 1 3, iS i 2 ...n .. De1aySind E�ete`nsinn5 0 e Initial Deeisron' w � 3 2, 3,TA 5 2 3,'7 R7 ; 8.3, 9.5.1, 9.7, 10.3.2, 15.2 3.2,.15;, Initial Decision Maker, Definition of y Initial Decision Maker, Extent of Authority DISPi1`IES,�r 14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5 6.3 .3.3,'`15, 15A Injury or Damage to Person or Property° . ` A. s,,,D6cdt0hQand Samples at the Site 3.18.1, 10.2.1, 10.2.2,10.2.8, 10.3, 10.3.3, 10.4, 311 Drawings, I°lelin�t�o Inspections 3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Drawhigs and Specifications, Owlnership.and•U'se Instructions to Bidders 1.5, 2.2.5, 3.11, 5.3 ` - : buty to Review Contract Documents and Field Instructions to the Contractor rya Conditions 3.1.4, 3.3.3, 33.1, 4.2.4, 5.2_1- 7, 8.2.2, 12 I, 13 5.2 r -3.2 Instruments of Service, Definition of k . � Effective Date of Insurance 8.2.2, 11.I.2 = Insurance - Emergencies 6.1.1, 7.3.7, 8 22, 9.3.2, 9 8 4, 10.2.5, - r Ern 10 es tractor's Insurance, Boiler... _ T e,achinery ; 3 9� .J8 3 3.1.8.2, 4.2.3, 4.2.6, 11.3-2 K A FA 102, i 0.3 1 I3.7, 141, 14.2.1.1 Insurance Contractor's Liability Equipriie Uor, Materials and or 11:1 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3,-3.12:2, 3.12.3,, Insurance, Effective Date of 3.13.1, 1 15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 8.2.2,`I1.1.2 9.3.3, 9.5.1.3, 9.10.2; 10.2.1,10.2.4, .14:2.2 AMA Document A232(*--2009 fforM6rly A201 TM'CMa 199�) opyr�ghi� 1392 and ?OD9 by The diri3edcah lnsiiiute ofArchiterts. All nghts rescfved. Init. WARNING: Tttls Al e'Document Is protected'hy U.S. Copyright- i-*jn and ititainational Treaties. ZinaEnhorized rapioduction or distribution oi'"thls A,Ae Document, or'any portion of it, may result in severe civil a€�d'crlminatoenaltles, and will tie prosecuted to the maximum extent posslbie under the law. Purchasers are not permitted to Wroducd this d6cument. To report copyright violations of AIA Contract Documents; e-mail The American .Institute of Architects' legal counsel, copyright@aia.org. Insurance, I,oss:of1Vlearts7llrlliodsa feehulzues,eeaze:and y ;, f 1 X3.3 zt P�rocedurs oCuii�eCfati Insuraitee, Owner's LiAbyt t J Y 3 3.15 -AZ 1�x `5 4 2 _l r 4ecfzap�t's Lien y � rtsure,, Property . ' 2 i:2, 15 2 8 c � rrPP u storedatertals x r $ 3. i, 1 3., S 2, 15 2,1 2";7 1.1 x�►srita inItYrrl� r A �3 *� r � 12X. 7tt� rLu h I ilratt.Ce Coz>paltes, �x11�4-ta1.Tft =yJ}'i}'�=E 2. ',' 11.J:1•'� { - �`%:C F.i.-.�h►R�C'�F ifrance C anies,� 1, Ott of uc: ent 1 i,1,1 k , 3 i b LJ 3F, 4 2 , 2,J, 7 11 31 a a r 4 2 18` 7 r ,� ss 11�It�tual Pt?sllaa�srilaly 3 ��7 srt �TOIkCn1141TIi111Rb X?�',eCtC�l �f s 94.39$3311 t€ Terp�a 3 ' ' 4 1�; ' 1111� 2z?3123,4,15 qjj O3e.2,312:9,2�63�9�1,911i,�91A2 ,F r 27 102> 13:5 1, 13 � 2, iS, 3 1K15.1 5,.3I'i,1 ' #, 3 1r x Y' ,3 3i Notj6e a dai6is =14.2 .142. 3.72, 1ti..815,4 Noti stz and iQ- i1:5.-1, 13.5 2 ' a izd 11eg�il�IRS Notim, Pere,Fees axid 32:3r �102.3,13:5.1,142 3.7;7.3;7,1{12.2 :.. ` NN" Lls Observations, OVA -Site �, 9 33, 9 1�t1"4, 15.2A 3.2.1, 9.5.1; 2.1.1 ig Ia unit Lzarz _ hon or joit dEr Occupancy J b _�1544 2.2.2;9.6:6,9.9,11.3.1.5 Lirn MtI= 4m On -Site Inspections ry 154;tt 4.22,9.10.1;9.4.4,9.5:1. y ° �' Ljmi4 4on pf A t1ho> ft Orders, Written 341:�216 42.7,4.2_I8,4.2.20 '*a Linjt-a0ons of Liability Other Conp acts and Contraetors 9.6.71.1.4; 3,142, ,4. ;9, ,1 L ..7,12..1: Ltr f# bons of Time ONV ER -10.1;42.17,42.20,8.2.1,9.33,96.1;9.8.4;91Q.2.-, 2 .-A-0-2 11.1.3,12.1.1,12.2.2 .2, 2 .5 13-7,14:1,.I, i5 i 1 r Owner, Definition of Loss of Use Insurance 2.1.1 - I I33 Omer, Infarn�tation. a►id -Cr 13r�c r ►f the Material Suppliers 2.1.2, 2.2, 4._2, 6.12 ,;6:1.3, 6 2,5,.9 4, -T 151,152�3.12,4.2.6,48,931'3A;9.3.3, 9.9.2,9.102,1fl3.3,I121��11,13a_; x�: 5 3� 9 60?9.6 7, 9 10, 14 14,1.1, 14.1.3, 15.1 3 Owner's Authority _: 2 3�2 3 4.2, 3.i2.10, 3.14.2, 4 i 2, 4 1-3, x lviat N Lark: qu pment and 4.2.8, 4.2 I, .2,4, .4.1, 6.1, 6.3, 72, 7 3 1, >` 1:5:2, 3:4, 3:5, 3:.8 2,, 3.8.3, 1 8.2.2, 9-3.1 :3.2, 9 5.1;. 6,4, 9.9.i; 9:10 2; 3.12.3, 3.12.6, 3.i2.1fl, 3:131,.:2,, 6 2.1', 341, : L1.3.3, 11.3.10; 122:2,1, 12.3, 13.52,14.2, 1d.3.1, 9.3.2,9.3.3,9.5.1,9.53,9.6.4,9:6.5,967;9 .0.2, .14.4,152.7 9.10.5,10.21,10.2.4,10.3 AIA []ocument A232"il —?09.9 (ipi tr+ed 4i'SCMa � 1 gpam ht. an 69 by The t.Ambftest�- Alt n9hts Owed., - lnit Vd!i dlbtPl�3 This AF#® [iocumrs* is. pr©tested 3�y 1k5.;L'apyrlg§if Tt�raorta9 Yreat�es ilrll�orrzesl rF+sddt:^tiq orEs�ttan of tfti`s g A. Docu nertt, or any portion of it, rte�y reStrIt in searere c'htil-aA atir�rii, . pon ties, and vim! be-�rasecufed tattt� ie>axiratFrri extant po�`sth:e . f under the law. Purchasers wt not, �ttest;to reproduce fl itjtocument. Ta '. .'r.tc pyright riolafiong:n[ jA .Cghb'act DgcuFnf rn s. mail The Ar[iescan Institute of Architects' legal counsel. capyright@aia.org- Owner's Financial Capability . , Product Data, Definition of 2.2.1, 132.2, 14.1.1 3.12.2 Owner's Liability Insurance Product Data and Samples :S11op Drawings 11.2 3:11, 332, 4.2.9, 42.10; 42.14 Qw ergs Relationship with SubdoritiddOrs Progress and Completion 5.3, 5.4.1, 9.6.4, 9 10.2;14 2:2 8.2, 9.3.1, 9.4.2, 9.6, 9.8, 9.10, 14 2 4, 15.1 6 y Ovnetight to Carry Out the:Vork' Progress Payrnerits 2:4; 12.2'A, 14-2.2 `''Right to CleanUp Project, Defm tlon of •9 4.1 's Right to Perf�m'C6ns"ttlgli_vvith Own Project Representatives and toA�vard : `. hher Contracts . s Rio S#oWork0,2 -10 P.raperxy insurance 5, I1.:3 y y Pxo3ot Schedule S & a Work 3.101,3JO.3, 3.10.4, 4 2.2,42.1. 4.2A PROTECTION OF PERSONSVM PROPERTY O oAtraGi .. 18 Regulations :and Laws s,. pie atxur�s 1.5, 3113; 3:6, 3.7, 3.12.10,3 13,-4 1.j,"9'6.4, 9.9.1, 10.22,111,11.4,13.1,'134,IS, 51,13:5.2,116, -I30,3.17,4:2:14, 14.11,14.1,15.2.8,15.4 a° Re;}ectl- of Work r. -eleases of and Waivers and -of Miens tea?. 9.10.2 Representations r 1-3'2.2.1, 3.5, 3,12, 6;2.2, 82.`1, Y43,9;5.1, .. a + obs 2�V73 3,9.4;9597; 9.8.2, 9.10.1 WF Representatives 2.1.1,3.1.1,3.9,4.I11 4.2.2,4.2.1.0,5.1.1, 5.1.2, 13.2.1 t, Certificates fox r 3. 9, 9.6.6, 9 7-9:40.1; Requests for 1 &Thation 4.2.20 4 1 13 3 Resolution of Claims and Disputes t, y"Uke .6f 15 Responsibility for Those Performing he Work'. - Payr Brit, a :, 3.3.2, 3.7.3, 3.12.8, 3.18, 4.2,2, 4.2.5, 4.2.8, 53; 6.1.2, 12, I 1:3 1, I f .5,12.3` 15.2.1 6.2, 6.3, 9.5.1, 9-8.2, 10 y s ' Payme>rkt�Bd, Performance Bond and Retainage ha .` t S 4 1, 7 3 g `1, 9.10:2, 9.10.3, 1-i,11,4 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.1.0.2, 9.1.0.3; :Paymelfts, -Wiigrco Review of Contract Documents -and Field -. 9.3,I.;'9,4.2, 9.6 Conditions by Contractor _ PAYIVMEWiAND COMPLETION 1.2.2, 3.2, 3.7.3, 3.12.7 9, 1 °: Review of Contractor's Submittals by Owner, _Payiriients to Subcontractors Construction Manager and Architect 3.10.I,3.10:2;3.11,3.12,4.2,5:2,5.2;9.2,9.8.2 9;10.5, 14.2.1.2 Review of Shop Drawings, Proftct'Data and. les CB -_ by Contractor 10.3.1 , ..3.12.5 ' _� Perfornnance,Bond and Payml ni+�td Rights and Remedies _ , �, 9 10.2, 9 1� I� 2.3, 2 4, 3 7 4, 3 15 2342-3, 5.4; 6:1, .3; Gt><ces -add)Gompii�kr��v�itl Laws � 7.3.1, 0, 9.5 I, 9 7, 10;Z �, 10.3, 12:22, r 10" 2 :. x; ROPERTY, 12.2.4,13.4,14,�54. 3= P3tOT4'iTON OF Royalties, Patents and Copyrights 3.17 Polychlorinated Biphenyl Rules and Notices for Arbitration 10.3.1 15.4 A!A Document A232T" -2flfl9. {formerly A20i'F"'iilGla f993}'Copyright®t0.92 and 2009 by The Amercan ins#itute of Architects: All taghts.res rved. snit WARNING: This AIA� Document Is protected by d:8. Copyright Lain and International Treattes. unauthorized reproduction or distrlt:utioir of this 7 AIAe Document, or any portion of it, may result to saysre civil and orlminat-penalties, and vAll be prosecuted to the irnaximurn extent passible f ender the lair. Purchasers are not permitted:to ieproduce.this.dockiment, To report copAht violations of AIA Contract Documents, e-mail The American Institute or Architects* legal counsel, copyright@aia.org, 13..< Suspensiou-by-the Owner forZon7�e>3ceM. Specie catlorts,� - 14:3 . LL 1 1 6 fbe Suspension orjm x Sceht}ris 5.4 2, 14:3 1210 1 4.2 14 .. SuspensionprTe ination.:of44KOU ry= .Sta#i'1an . 5,4.1..1,E 4 237 Taxes - r S- ute, Ltfnttatlo 9 3.6, 3-8? .1, 7 _7.4 Termination by the Contractgr Stopping to 1 ,1-6 Termination by fhe Owner for Cause :.Stord�lal s 5.4.1.1, 14.2-,15.16.. ? 1, 9 3 U,.2-. ,2.4; Termination.bn ythe Owner. for Coin , %tib. con`idde r; vi"tx t�n f.. .14.4 5.1 ;1 Termination of the �ontaractor SUBCONTRACTORS 14.2.2 :< ... . S TERN.L11 ATION OR SUSPENSION OYTMTM Subcontractors, Work by CONTRACT . 1-2.2,3.3-2,3.12.1,4.25,5,23,5.3,5 .,9.312,967 14 . st contractual Rolatio0s , - Tests and Inspections. - �,3.4,9.3.1.2,9.6.2,9.6.3,9.10,1,0,21,k�E1�14� 3:1.4,3.3.3,4-23,4-).6,4.2.8,9.433,�,--5��2; Submittals 9:10-1, 10.3.2,-12.2.1,13a - _: .323,314,311,3,12,4 9,4-21� 1011,521,.. TIl1IE . "A77x3.,98,99119.i0.3,i1.1.3 S F Stzbti1eb Time, 1?lays atrtUotis of _ 3.18?;3129,"1"j 3.2,4,3:7,5.2,:31,7.4,8.3,1,132, x� i ��.� °S�brotra�io>a �,�Irxersof , � .. • .: _ 14:32, 15�i"'� .� ., _. 11:3.7 Substantial Completion 8.1.1, 8.1.3, 8.2.3,. 9.4.3.3; 9.8, 9 9.1, 9.10.3, 12.2.1, 12.2.2, 13-7 A1A Document A232T"' — 2009 (forms rIy A109'"CfiAa k 4z : ogyi� t t 9 end 2009 by The'American.tnstitute-ofArchftmo 4fi righis3ese red. init. WARNING: Thss Atfi®Dacument is.pra ected by 0 S. eapyrioht t_a'W and 4'nternauomi T'l€ea ids- unaWhoriaeo r"rq&ctien or €itafrrb4iioa of this Aje Docuinent; or any portion of it;:mayfesu#t in were civil and.criirr9rsat ¢xeratties, and t�ril$ Rrosscuted l4 tit$ eisa:�i� is b ext rtt sslble.. f under the taw. Purchasers are-rfot• eff.nMeddo repioduoe tkiis dacumerit a rePQ� �PY+tJ t violaUnns of:Af1� Cnrrir�t bocurnerits, a mail Tfie American Institute of Architects' legal counsel, copyright@aiaxr j. Time Limits 2 -1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2. 1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3-1, 9.3.3, 9.4.1, 9.4.2, 9.5, 9.6, 9.7, 9.8, 9.9, 9;10,' 11.:1.3, .11.4; 12 2; <t3 5 13.7, 14, I5 TUn6e1l'2yin #s on Claims OR 8,13.7, 15.1.2 Title toWork �'3 2,:9:3.3 ralxsmission. of Data in -Digital FotM: . *COVEPJNG A1\Dt PJR I OF Vi ORK �3�� iovermg orlc ' A oreseeiitto5;aen ' 1led:or.Iown f A Y3��{ ,P8 {3�,i1, 59 x 11� , �T L S V.Se• V Iaes, S� 41e �d_ 9� Wdivf r ii'diE�IE5� 142Ey - a ` Wai V r dCht6� by iGtsnstruction Manager. i3 42 Waiver olants-by' e.t .Otor VVverairnb �` �+#i�iner 9 I04,12 22 1;•3.4.2, 14.2.4, 15.1.6 x `Waiver of Coi gae�itfal `J6 `F ges - ,14.2E4 `15 1>,64 " Waivexfof 9.10.2; 911?.4 Waivers dsubl-lrg tj p t; 114W.7 3 5, 4 2:1 9.3.3, 9.8:4,:.9-9.1, 9.10.4, 12.2.2, Weathez Delays ..- Work, Definition of L1.3 :Written Consent .1.5.2, 3.4.2, 3.7.4, 3-12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, -9.91, 9.10.2, 9.10.3,10.3.2, 11.4.1, 13,2, 13.4 2, 15A 4.2 Written Interpretations 4-2.17 4;2.18 Wri# 2.3;2.4 3f3I 3;9 3.129,332.1O,5.2.1,5.3,5.4LI ,. =`. 8.2.2, 9:4, 9,5::1,-9.7, lif. -40.2.2,10.3; 11:1.3, 122.2, - 42.2.4,14, 15.4.1 Written Orders =. 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2i 13.5.2,14.3.1, 15.1.2 A1A Document A23Vm — 2009 (formerly A201 TmC fla,- �392). Copyiight 01992:orid:2009 byThe:Amei�art tristitute-pf Architects, Ali rights-rrdorved. Init: WARNING: This Ale Documss protected by 0,S- Gapyright LANand IutetnatiGttai Treaties_ Utieuttiosized reproduction or distribution -Of this Ale Document, or any portion of it, may result in 00wro civil and.crirninai, pertaltips, and tiVfli be prosecuted to the maximum exterit possible 9 under the law. Purchasersare not permitted to reproduce this document. To report c6pyright 4iolkions of-AIA Gontroct_Documents, e-mail The American Institute of Architects' legal counsel, eopyright@aia.org. ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions §.1.1.1 The Contract Documents. The Contiract.Documeiits ate enum" i rated in the Avreei*nt`betweerithe Owner aaad : ° ntogffi (hereinafter the Agreement), and consist of the Agreement, Conditions of the Contract (Ge4'etal, Mfi ppe�tary and other Conditions), Drawings, Spec�xica�ons� Addenda prior to execute©zr�fthe CazttracC, ,, fi ' qth x nents.listed in the Abieeznent and Madificahons issued after execution of the Contract A od�ftcatign (1) a written amendment to the Contract srgiedby both parties, {2j a Change Order, (3} a:onstrtiction Change [ �.or (4) a written order for atninor change in the "Work issued -by Architect I Inless specicaily _ mated in the Agreement, We ContractU¢ ents �o not include the.�d�ertx went ar �nvtt hQ� o lists, - " ' "'�1nstritctions to Bidders, sample foil ts, ether infarmat�o i furnished by the C�uner its anticipation o'f receiving bids or 191 'AP orals, the�,Contracq? bid or proposal; or-pgrtio. ofadd6n felatmg �i�c dit g ieqixtrenierits) r }�,2 The c#,tntract Dactimen fare the Contract l'or Constrttctron. T he Confraocpresents tlie eritea lint -A Ie ee n fhe pa> #ids hereto and siipex�es prioregoiiations, r+presentations ar agreetzzents� (1)v 3-00 e t i€ r coil c ontract may be anier�dcd ar mad�fied only Nfrid�ifrcat� n `I CcS�aet:Documert s s t 3 not ' _ ` �e �a t ontraetuai relatonship ofazty lanri een the Contractor and the Arentfeet ur, 5 - o tween tite [3w4er:and fhe Constreteon Nlattaer .or the ivonstutson Manab's. ' ,: t or and therchitect Aor the Architect's resultants �1 between the,Contractor grid �e ( o g Cobs etion Mang er'S conSUitan#s, (5}between the Comer and a ubcautractor or x,Fu E b r $ e Canstnicon Manager arid the Architet, or (7): betweetl anyersors. ttr en titzcs 'o The Gozistruetiarl-Manager and Architect shall, However, be entitled to pWti o _ bligationa under the ContractmledaJfacilitate performance flf their dunes: T It means: the coiisttuction andservices required.by the Contract. Documents, whether y>"'1®t.. p c and incliicles alI olheralfor, materials; equiprrien# andervtoes;provtded or #h �Fvtd by utra� fill, Contrcr's aCiligations_ Teazk malt constitute the whole orb pa►ie. 5'ra}pc < 1 (+ h ojec datbul construction of which the Work performed under 66tract'Dacuments xa a� � ole r which may include construction by other ldltilhple ��e b€�tractois and by the ' e Oxvzie�4vn `for�ucpg per or entities under separate contracts not arenxxusiered b .ff the Casa strttction aiiag: k�x 15 fhe Dravrin� e rawings are the gfaphic and pictorial portions: of the Contract Documents showing the u� Ae&ztgn, location and-Thnensions of the Work, ;generallyincluding plans, elevations, sections, details;schedules and �•�- ._di�grariis - 1 � The Spec�fi tit3Tls The Specifications are that portion of the Contract Documents consisting of the written yrecprueme t for materials., equipment, systems, standards and workmanship for the Work, and performance of related f� ��ervice�. 1 1 7-inrWuments of Service. Instruments of.Service are representations; in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's W consultants under their respective professional services agreements. Instruments of Service may include, without k limitation; studies, surveys, models, sketches, drawings, specfications, and other similar materials. Y E 1.1.8 Initial Decision Maker. The Initial Decisions l bl* is the person identified in the A eement'to render fin al=:. °decisions an Claims in accordance with Section l§ 0 and certify termination of the Agreement under Se�#ron 14- ;2: - = _ ,_ -- - § 1.2 Corxelatlon and Intent of the ContrpriFtDocuments . s 1,21f bite foo f the Contmeib inents is to include all items necessary for the proper �xecniion and completion si rf thev Corttctt 1"tie Coiifract Documents are eainpleznep#ary, and what to required by. one shall be as 4r ` 3dfed 1y1 perforinanee by the Contractor shall be required c�tilo 11ie extent. consistent with the _, _ � c.. Ctantr �o�ts azdreasonably inferable from diem as being. necessa�ti�,pr�duce #lie mdicat�l results. §.1.2.2 Organization of the Specifications into divisions, sections and articles, and. arrangement of Drawings shall not control the Contractor in dividing the Work aimong.Subcontractors or in establishing the extent of Work to be performed by any trade- AIA Document A232'?' - 2009 (formerly A201 tm Wa - i89Z)Copyright ® lMand<2009 lxy Tt>E American Institute of Aiehrtects. All rights Teswved. Init WAI2t+ MG— This AIA� Obeurnent is protected by U.S. C6Pyhght sew acid 14.W satidnal Treaties.1Aautho: med a;xodattloh or crstribvOon of Oft 1 Ale Docurneni, of any-pbrtion of It, May result Irl sei+erp chift and Crirrtinal penavtiesr and uAll be prowcutW to th�-trraxirnLkin exWr:t possible 1 undet the law. Purchasers are not permitted to reprodgce-this.document. To report copyright vi&ations.of.ATA Contract Documents, e-mail -The American Institute of Architects' legal counsel, copyright@aia.org. ` § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. §_13 capitalization `ter Tetxns capitalized in these General Conditions include those that are (1) specifically. defined, (2) the titles of numbered ` yybb�`- attic s .or (3) the titles of other documents published by the American Institute of Architects i 4 414lerpretation ffn tJJ&dnterest of brevity -the Contract Documents frequently omit modifying woxc sac s all and .any and. ` articles such as "the" and "an," but the fact that.a modifier or an article is absent from one statement and appears in g s�niather is not intended tf� ffeet the interpretation of either statement {0 0wnersb!O,' rid U 0 ravings, Specifications and @they 1 Is rttcrtents of Service ;. . Z.. r .'A.h.1 The Airchztect ' and Architect's consultants: shall be declined the authors and,owners .of their respective x, °struments:ofern, i7a uding the Drawings and Specifications, and will retain all common law, statutory and other cServed"341 ln,��ling op ghts. The Contractor; Subcontractors, sub -subcontractors, and material arequi'ptnent j3liers haiX not dax c a copyright in the Instruments of Service. Submittal or distribution to.meet offipw y } z egulatary regwr is or fed Cher purposes in connection wi4h this Project is not io be construed as publication -in ��erogatiri bf the ��r itect, ��rchitect's consultants' reserved rights. fib§ 1'5 �..M Contrahtor 40406actors, Sub -subcontractors, and material of equipment, suppliers a�re.authorized to -use a~dute Iqs ervice provided to them solely anti exclusively for execution. of the Work: All nop xnadevderf{aioat pn shall bear the copyright tttitt, if any, shown on" the Instruments oaf Service The - C hractax, Si?'bc�►nfiar t s, % bcontractors, and nlatorial�or equipment supplier' may not use the Instruments of . SP,rz ice ort,stherpr ctsc % ditions to.thts P1ii` t ou Idea e scope a1`the York withoutthe s ecific w3ntten r -consent=of the�:Owner, Arch , and the Architect's; t consultants. 1.6 Transmission Hof Qa€ta ui,D1§ital Farfrr . if the:pa es rote l.tii tranlin t ist imbrits of Service or any other information or docnmentaiaoriYm digital form, they ;shall erzcle r to eS. b- 'sllD,e ssary protocols governing such transmissions, unless othexvuise already provided in, the A ter ,mogj b ' tlxe tracfi�ocuments. �. N 4,,2' -Genera(._ . i2:`1.1 The Owner 18G person or entity identified as such in the Agreement -and -is referred to throughout the Contract 'Mcuments As. ifsn.b% filar in number. The Owner shall designate in writing a representative who shall have.express : ':antlority to lurid tlz )zvner With respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided u Article 4, the Construction Manager and the Architect do not have such authority. The terra "Owner" means the Owner or the Owner's authorized representative. .§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce. mechanic's lien .rights. Such information andll include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 Information and Services Re ulred of the Owner _ . q' F 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide wgWnable :8vidence that the Owner has made financialarTangeri�ents to fulflI-the Owner's obligations under the Ciatracf . Thereafter, the Contractor may only reslue r such evidence if (1) the Owner fails to make payments-i tl� Contractor as the Contract Documents requtr�2) a eltange an the Work materially changes the Contract Sung cr (3):the 3 .Contractor identifies in writ iixtg ...reasonable concern regarding the Owner's ability to when due. The ?0"or shall burnish such -er+itlence as a condition precedent to commencement or podUa€'ion of the Workor the- fZdtion of the Work gMgfed-by a material change_ After the Owner furnishes the evttlei ce, the Owner shall not " naterialltiy vary such financial arrangements without prior notice to the Coi'(#� § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the .Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent AJA Document A232T" — 2009 (formerly A201 wMa—1992). Copyright 0-1992 and 2009 by The American Institute of Architects: Ail -rights. reserved. init. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction, or d'estribAon of thi.S 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. Purchasers are not permitted to reproduce this document- To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. J, changes in existing facilities. Unless olhcrwise.provid'ed.undeg ft.-Ogntract Documents, the Dwner, 'through the Construction Manager, shall -secuve�nd;pv for -the building :pqW't. § 2.2.3 The Owner shall furnish :sit 4Y -.ii4. -r-voy—s4rocribiu -physic 14 eteA�tics, legal d�i� autility locations for I—Effi0IN_—N, I. WNW,h- pf.b Projept,andale-M-d6scscript hesite.Dhillbentitlddtb-M the=6u� 5Ofinnished bytheQri w16Eff.W bar ftf iTlad. (I aqw, 0 �ZRYO. e Owner shall ftimish infotmationOr sorvioesi. :Jh oc 0 �_UTer N F. VA . or. romptne'ss-11 Owa zils6fu ink R p r j _Pe de C relbV _to t h C Ai 'of TN�WL it the Mk- )w Ip-lftowtow. th exi g-; ornia[fidilL JrX,�W. r en requea for Suchor E* J aAd,0bin are bail s, o bne�,Oop i31107_0. Wn Wtl Co MAierwi dsesuEfnAkih rQ"dPId..ioW mtosctdii, ;5 f -rward -0 -C.6fittact tW V a 1600PW*e�' dwte-Ct4"f4l,14 out of -ow -I!*w 7- irements, --offt�Contractaotuipcnts As Wok.fliat is not in acordance.-Niffi thAm -ifttz,out ingCOCCLVe� !U,.... DM.nn�ft WTor there h to stop the :'We'r e_�Dra su& o1der _Y as t6, -thc L 16flha-ov.Mwar.t6s bPr kLsk 40,4_44ty-�on the }part of the_ wfhe.tklen1 orany oth br-penoia otaft%'� t- ; 'benefitof-leo 3N, F 6 out the Work its the Con tra ,tw carl u*pme ff R gaws and .Iafls- W &:Owner -to commenceH a writteniftotiwfiroinAiVatinllnnue corredtion of such 0eptW"Alknceand promptness, the Owner may, without preju. dibr **iOedies the Owner may s . &rcipo; issued deducting from payments air � a , I .", -1 - In such case an appropriate Change Order- 4M� J i d:Z0 ctor the reasonable, cost utcorrecting:suoh d 6ienoies indudM Owner eXpensel trt =L _hfbr�. '6truction. Manager's and Architects and -their respective consultants' add itio0lservices ary`i��efault; nebll3et Qr failure, �tzcli action by the O�vrier and aiizounts-cli�ged lathe Contractor :. �' _ kf. �'��- � approval •of the Architect, :aver eoiasultatinn :with=the Constxuctioii Manager. if �ayixiezlts then iiee�i��`" `raeor are not su�atent to. cover such anottnts, the Contractor hall pay the difference tb the . H R lfflie Contractor is the person -or entity identified- as such in the Agreer nenvand is refmed to throughout the X lawfully licensed, if. -inthei isdiction 5' DOW oil U -0 Tents -as if singular in -number. The Contractor shall be law-fu required UP r whppe the Project is located. The Contractor shall design-acte-ib wv a -cpreseniative who Waffhave express, authori k 4 ty to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized r-_prcscntativ,,6_-...N -i _46 The 3.1.2 lural term "Multiple Prini, e-ContrdU6 r6fors-to-pmons.orentitieb-whuperfoijncofis p contracts with the Owner that are adrntt is ed Wyllie ConAructiQn Manager. The-tffmAm-spot jp0V!64" Owner? -s- own forges, ippluding persons orjyxiities udder - separatecoutracts not administered by the h Mir orqlLj-d the Workin -aceordmcc-with the,C*act Dons, Accordance with the Contract CoatrAct '�h�l e v d phs to perform the if� .3.164 TU: or I not b e r lie of obligati v b0c6ment eiffici by activities or duties of the Construction Managbir or Architect in theK administration of the Contract, orbytests; inspections or approvals required orperformedby persons or -entities oilier than the Contractor_ WA Document A232-" �2009fform6rlyAWI-Wa —1994, CopyriqhtO,4992 and 2C69 l5yTho Amdrican linstitute-of-Ardiftects. All Agbts-reserver].' Init. VIARNINIG, This AW Document is protectud by-U.S.. Copyright I.Lav,! and reproductign or distribuflohqfth.ii I Clio maid u ext n possi I A10 D=Hnont, Or any PaTtion.of it, rnay-MSult in severe civil and criminal Oonaltjos and will bepreseauted.0 M M e t' L be under the lava. Purchasers are not permittedto-reproda0ettils dociument- TorepoitcopyFightviolations of Ail Contract Documents, eLm2fiThe Amerman Institute of Architects' legal counsel, copyright@ala.org. § 3.2 Review of Contract Documents and -Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents: x3 2,2:Beeause the Contract Documents afire complementary, the Contractor shall; before starting each portion of the Work carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner, pursuant to Section 2.2.3, shall take field measureingptsa. 6f ally existing cCPA&Q ns related to that portion of the Work, andshall observe any conditions at the stie affecting it. These � Y ons are for the purpose offacilitating.coordihsiioa.aiideonst=tion b3�th6g4AMctpr and are not"forthe purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall. pi report to theGitstruction Manager and Architect any errors, tnt onsisfencies or omissions discovered by or v' made known to :the Coalkor as a request for information submitted to pe Construction Manager lz> such fay as the CoristractiotiIanager Architect may iequire: 'It is reeogaed that the Contractor's review is made in the diltractor'�'O*kity��ntractOr artd riQf as.a licensed design }professional, uuIess other�vise:specif ilq pmv lied ;3 tahiiactt a% -a - red.to ascertain that -the Contract Documents are in accordance with applicable lartrs, ��sfaftites,ap�lancl;ses ,e'and regulations, or lawful orders ofpubfic authorities, but the Contractorsltll $, Acirt #obto on Manager widAkohitect atiy nonconformity discovered by or made kuowzi to"the 7 ont i✓toras e�usyst xtation subiiiiited td°Construction Manager in such form as the Construction Manager s. IN� rchatect` nay1,requA. tr r J 2: If the Gontractoraeite s'at additional cost or times involved because of ciazihcations or instructicriis the . f G , µ �tect �rs'sues �;.�nser ontraetor s notr des cir requests for information pursuant to Sections 3 2 2 or 3 2.3, iiorttractar slf s as provided m tioe: If the Contfactor falls toerfortn the obhgaiions of Y x Sections 3.2.2 or 3 2:., woractaz siallpsyuch costs and damages to the Owner would have been avrrrdcd if e Co niractor had pe �arinecl such oblr lions :if the Contractor performs those obligations, the Conl�raGtoT shall not a� be laalle to the Owns o Architect for damages resulting from erirozs, inconsistenies or omissions to the Contract :b0G111M`ents, for di efe� retween elcl measurements or conditions and the Contract Dbcunaents, or fox. ' y „noncotfffi ties of thh�iact Documents to applicable laws, statutes,'ordinances, odes, rules and regulations, and la fui ordt ofpubliic*% rities_ - 3,3 supervision artdpshOion Procedures 33 T'The Cotitractoisa supervise and direct tlie.Work, using the Contractor's bestskill and attention_ The G ntraetor Shall'tie4t * responsible for, and have -control over, construction means, methods, techniques, sequences and procedures ai dr poordinating all portions of the Work under the Contract, unless the Contract Documents give other sliecrfic inst�M p wri0erning these matters. If the Contract Documents give -specific instructions concerning conA chon means,, i thods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof arid, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences, .,r procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not b0afe, the Contractor shall give timely written notice to the Owner, the Construction Mittiager, and the Architect and shall not proceed with that portion of the Wto&,Aiithout further written instructions from the Architect, through the Construction Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, ;: -`techniques, sequences orprocedures. §13.2 The Contractor shall be responsible. to.,the Owner for acts. and omissions of the Contractor's employees, 2 r_: s Subcontractors and their agents and eirtplo ees,. and other persons performing portions of the WoTlq (ST `Or bn behalf of, the Contractor or any of its Stzbcoritiors. § 3.3.3 The Ctritraetorha11 be'regponsible for inspection of portions of the Projectalydatly.. performed to determine that such portionns are'i pioer condition to receive subsequent Work. - 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heal, utilities, transportation, and other Init. AlA Document.A232'"" "2009 (formerly A201 TMCMa-1992). Copyright 0-1992 and 2009 by The Ameilcen Institute ofArchiteets. All. tights reserved. WARNING. This Ate Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 13 MO 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.. Purchasers are not permitted to reproduce this document. To report copyright violations of M Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. facilities. and services necessary for proper.: execution arzd Goz� tpletiion ofthe Worley whether tennporaryor pernert and whether or not incorporated or be irieorpoated in:tlie Work § 3.4.2 Except in the case of txunor.changes xn the'Work.authonied by the rclxi�tect an,accordanee . ijth, pMt�o s fi I Z.� or 7.4, the Contractor in4y take substitutions only with the �zit aftlze Owner al & evaluatig " bt consuitafi©n rvit .fire Ct� trucC on i ax a er, and;,n�adcoi dano uu a Chan9d girder s �anstri�etxon �R �C�lzana'�arective. x3 4 3Tile Contractor shaii.enfoce sttiet.discipin3e aid godrl orderoxhtca� erplpye€s and iega carrying flut the Wori: Ti3eoxtraeior sliail poxxt pployfnerlptpessonsiorj sons notsrcx+ sl�'Ikd m tasks assigned o rein, F; { um �3 Warran a k-Contra ` 9 et, nst ctton iV�ana r, au t tfilr e s a Imp 7. €i er the , ' v good:qual.nc�xi ]�uiless lheotrar 3]QMs require �r It pterYrtse The ° o 't racto that the Work wz l conform with the axr etxis to of act c ct ertts €td vrxli '-from , for se nhe t 1n the glaality of the Work the Coats ct po uinex:ts requue or-PerM t 04SMn agQr=de:cause,db.aizuse;_;alteras ieretra ent mattenanlee,•i�nprt�oprom,r �aQrleard tear4016 usabe ��qu x per or rch>t , tlYe G ntractor sftaH ash ti:4 -pt4ry eyider�e as o fhe rnd - a 7. l✓on super, use and.atrnil , axea%rthe Wry orpJ� xgns.Lbor prAviiled y xe oraeto�rata11 when bids are recexv�cr negotiaon.oeded, wlt�tllero Flo* }t:eff�ctt�r erely,ch d eL _ _ 7,Pe�iresx3lis tl�otrtpanr alttth Laws 3 7 I ds of tse � Sz e Gontrar�t i7ocameuts, the :Qwtaex, eugh the �©nstr�ctt�rn IViaaager, mall secxr perrntt Thy Contctor slal secure and pay soy other prtts fees, ltoees and sk'�3b' bencies necessary for proper execution and completlacf#he'V[foxc that are crxstoarily soepr c r ex tf on o gthe�ontract and legally required at the time aids=are g�ceived or negot a#ioras conclezded. s 3 3-2 'l he ornply wxth'and give notices requ ired byappliqablQ 1aws,;s#atutes; Drdinaiices, cod; s, k € do and ahons, M. lawful :4rdm.of public authorities applic blelo performance of the Work- § 3 r -3 C `e . s Work kaovying it to be contrary to applicable _laws,r:statutes, ordinalams, codes, rules adatxcnsl or er ofpu3�lic autlaoraties, the Contractor shall assne .appropriate responsibility for such Won�it bear the costs attributable .to correction: '§ oYtbea 6 of Known Conditions. If the contractor eneount,&rs ggg4itiops". .the site that are �1) subsurface or .tse concealed physical conditions that.differ tixaterially -frorn those uxclicateri.:in the Contract Do+~t�inents ter u'inl n0 1 ;&ysical conditions of an unusual nature that differ Materially fi om those ordinarily found to exist -and treneatally recognized as inherent in construction oct vibes ofthe. character provided -for in the Contract Ilocijments; the ":.Contractor shall promptly provide notice to the Owner, Cqnslrttction Marjager, and the Architect before conditions are Iisturbed and in no event later than l days after first obsC�ance of the. conditions. The Architect and Construction Manager wi11 promptly investigate such condE#ions attd; e Architect, .in consultation with the Construction .. lYl aixager, determines that they differ materially aiad earse an increase or decfease in the Contractor's cst pr time required for, performance of any:pazt of the for% wtll.xecommeadaa4gttiwk le aditt;tmentin.the Coufzact ui a o - Contract Time, or both. If the Architect, n consultation with the Const"etioi Manager,, dot neatlxat Cho c ons $ 3 at the site are notaterEally�i3ffexrit from those indicated in the Contract Docutnents aid CatAm o change tx7 .the terms . gtusttiedr, Architect shall promptly-notii Sj the OwxLei,-CopstohVlanager, and £ontraetor m' �vrattlig, ;t t i reasozi�-�f the Owner or Contractor disputes the Apr.hiteci's terr nat on or recom nendation, r rthez pares tzta +Voceed as provided in Article IS. § 3.7.5If, in the course of the Work, the Cantractor.eixcounters hum:an-remams orTeeo, nizes the existence ofbwial' markers, archaeologic al sites or wetlands not. indicated in the Contract Doeuments, file Contractor stall in ;nediately suspend.any operations that would affect theme and shall notify the Owner, Constt-uction Manager, and Architect. snit_ I AEA Document A23214-2t}09.(formerly.A201 TI"CMp--'t992)• Copyright (D i992 and20o9 6.y . e �ihK "kan.-I mfihrte of Architects: All rights -reserved: t�rARi` NGl This ALe Document is pro wl by U.S. Copinght Lana and lnternatidrai Treaties. Unauffiorrzed reproduction or distrilutioz t'sttliis f:4 AEA® Document, or any, portion of it, may resul'Ofi severe4c;vi€ and cri:m.nal panattios, and.wffl- a p:a3ecuted to the rnaximt4m extent poss9ble under the ia;�t• Purchasers are not permitted to repraduce.this document. Tort port copyright violations ofAIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization . required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed. by the Owner but shall continue withall other operations that do -not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be n1ad s 'Yovided in Article 15. 1 lances he Contractor shall include in the Contract.Sum all allowances stated in the Contract ocuments. Items by allowances shall be supplied for such amounts and by such persons or enttttes&as the Owner maydiiiot; ,ontractor shall not be required to employ persons or entities to whom the Contractiir.has reasonable nles.. erwis� ideal in the Can#act:Doeuuit u#s 1iowaEid all cos�ertllost�to'the Cantraetoramluterlals and equipmentdeli�+ered at the site and all uirs, less applicable. trade discounts, n o ' costs for unloading and handling at the site, •labor, ,installation costs j oveFl ead;.profit attd ie e ntdiplated--fir stated alloxvance amounts shall be included in tho Contract'Sum_ but bt li :.ces; and. . f' more than or less than allowances, the Contract Sum shall be -adjusted acooirding s b gee The' amount of the Change Order shall reflect (1) the difference. between actual costs al es underSe6tlon.3.8,2.1 and (-2) cbanges in Contmctor'scosts under Section it�et and q� penteder an allowance shall be selW- --by the Owner with reasonable promptness. L F e- - .i - Sriri�encle�i� day a competent upenntenaent and necessary assistants who shall be in attendanceat ffice of the Work superin#endent:shall represent the Contractor, and.;:= i rmtendent shall' be as binding as if given to the Contractor:. 7 :I apracticable after award of the Contralrt; sliall furnish iii �unt"ing 'to the Owner and.; aon.Manageir; the name and qualifications of a prop ose�pefintendent. The ly within-14.4ays to the Contractor ih,writing stg6R'!) whether -the Owner, the aclutect has<reasonable objection to the proposed' uperinfendent or (2) that any of review. Failure of the Construction Manager to reply within the 14 day period shall ile objection. not employ- proposed. superintendent to whom the Owner, Construction Manager or and direly objection. The -Contractor shall not change the superintendent without the ll not unreasonably be withheld or delayed. 1D i t n traction Schedules EffitQ, ct�promptly after being'awarded the Contract, shall prepare and submit for the Owner's and ` °�rch'to in and the Construction Manager's approval a Contractor's construction schedule for the Work,. , The schedul all not exceed time limits -current under the`Contract Documents, shall be revised at appropriate =f inter.4als as required by the conditions of the Work and Project, shall be related to the entire Project schedule to the , _ extent required by the Contract Documents, and shall proyzde for expeditious and practicable execution of the Work. Contractor shall cooperate with the Construction 4dobi in scheduling and performing the Contractor's Work to Av Y avoid conflict with, and as to cause no delay in, tho worlr:Or activities of other Multiple Prime Contractors or flue °. `-construction or operations of the Owner's owHorpes. 3.10.2 The Contractor shall pregame -submittal schedule, promptly after being awarded the-9— 4n �et`and thereafter - :upti teU..�s-�}e e sary to ma.�intatne current submittal schedule, and shall submit the scll�tlule )flit the. Construction . �� tt�f lutect' ap rcival. The Architect and Construction Manager's approv halI not unreasonably be t _ efayeci` r d `he submittal schedule shall (1) be coordinated with the<Coptractor'-s construction schedule, ain& F � . a'lld f €i � traction Manager axtd Architect reasonabletine to revieW66ni1ttals. If the Contractor fails to '' " ' "" =sitlirnii a semi schedule, the Contractor shall not be entitled to.any incase in Contract Sum .or.extension of Contract Time based on the time required for review of submittals_ AIA Document A232TM — 2009 (formerly A3g1 T1iCMa—1192). Copyright 01992 and 2009 by The American Institute of Architects., All rights. reserved. WARNINd: This Al a Document is protected by U.S. Copyright Law and International 'treaties. Unauthorized reproduction or distribution of this .� 5 Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possi61e under the law. purchasers are not permitted to reproduce this document. To report copyright rriolations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 3.10.3 The Contractor,shall participate with other:Contractors,.<the Conswuction.:Managerard Owner: n evie ing and coordinating all: schedules for"Jilcoiporat1on to the Project schedule that is. prepared by'the 011struet on Manager; The Contractor shall iri*c revisions totbe construction schedule and submittal schedule as deemed necessary bythe Construction Manager to conforn::.to the Project schedule. . 3 Tb:?i.e Contractor shall ezform the L'.ork in. general accordance with lie' most recent schedules submitted to the Qwner� Construction Manager and Azcliect and.corporated into the approved Project schede - - �i ��cutnents anti Samples at #hi: Site - • ' ° l pet antra.-to.F shall maintain at the,site £or-:tbe Dwnter oWxRopy of the D aw s r caho ;:tr dde da, C a e N f�)rders and other Modif ati its, in good order an d marked currently to indicate field chatiges aitd:seleetions,made y i ig constriction, �e copy QfapprovedShop Drawings, l'rodnct eta, Samples a td s miler required ittals T doc shall be available to #tie Areliiteat 3uttrielired to:ttie Coinlan. tion,i4lazrager:for ` itial to ern, eoixipleti�in.ofthe Wtsi as,are�t e L�xark. s caus#ruc ed a jtr _ ., Si10 1 ZA ai# s�Mr uct"Data:aad Samp�s V. 121 ; 4 w gs, ilia arras, s hedules. mil **-data specially "prepared for the,rnrk b�+ the p"'v tract - ti j :. CA bsubcontractor, rnmufacturper,:suppltcr or distributor to,A3istxatu sonieport on: of a -Yr y diagrams and yk U a�tECi7i5, Stanidard $GiredtileS, perorxr arice Y 113FtS, ]nil L1Ct1OnS, brOCl�irS, - .�yse r '`fie X other lit i nett 'the Contractor to illusrate materials ore tr oaent-£or some portion oft Work. _ t ter• _. �111 r 1 Saxe art pies that illustrate materials, equipment or worlabanship and establish. standards by w1 e 1 tlke R�TOM d , 97 —` - - 12�4 shop Data, Sara s id liar submittals are not Contract "D.oc=.. ents Thee ��se is ' t di iiistrae tlxe::. ih� Contzait€srroposes to conform.to the infatton-given and thesigi_concet p## those portions of the Work'for which theontract Dociiints require ctd C.onstructiop .Manger is subject to the limitattoirs oietxozis: 4_2'9 �bti>titals upon. rl h the: onsf ^#ion MaU errand rch e sre not expectod,to take :ntifted'in the Cottli•-act Dncurxients: Submittals.t��t`e tot €eq>�ired::by;.die Contract DoOur_taen,#s may'V01Wd the Construction boager or Architect vvitlioui.. ty i'titi. 3.1 :5 The c.00 It review for compliance with the Contract Documents, approve and; submit,-'to.tl Construction lvlaria op Drawings, Product Data;. Samples and similar submittals required by the Contract Docu exits i are with the Project submittal. schedule approved by the Construction Matta�er.aiid Atebitect, or in the absei pzd 1?ra}eet submittal schedule, with reasonable promptness and tn_ such sequence as to cause h delay in Work orin the activities of other Multiple Prime Contractors or the Owner's awn forces_ The '.' Coi3ttuetai shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, ri Av l'rvduct i eta; `Saznpl grad similar submittals with related documents submitted by othei'Muliti�p}e Prime Contractors. n I ; z l i B submitti Slip Drawings, .Product Data, Samples. and similar submittals, the Contractor re resents to -the � �.. Y �' p b. p' -. Ownier, Conametion Manager, and Architect, that theContractorhas (1) r-eviewed and approved them;:(2) determined 4y ih and verified materials, field measurenients•and field. construction criteria -related theretoor ruin do so. and {3} checked And coordinated the information contained within such submittals with the requirements of theVll'ork- and -of the .Contract Documents_ - r. § 3: i2.7 The Contractor shall perform no portsori of die 'Work for which the -Contract Documents IN sum utts.i and review of Shop Drawings, Product. Data nples or similar submittals until the respective submtttf bas been reviewed and approved by the Asch'Itetit mr1c shall he inccozdaiice with approved submittals .except that idle C�n#�rattar. shall not be relieved of sc ar V. 100 iations'ii om recluiraznen of the Contrail Documents berth Architectsapproval a -Shop ire Ar� pl Data, -Samples or. similar submitWs unless the ContracttilL� specifscally informed'tlzv. ' Construction Manager anid Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a Minor change is the Work, or.(2) a Change Qrtierox,-construction Change Directive has been issued authorizing. the deviation. The Contractor shall not be relieved of responsibility for AFA Document A232— - 200-9 (formerty A201'wGMa-1902). Gopy6ght @ 1992 and 2009 by The!American institute of Architects. AR rights reserved. [riit. ",AR IN : This AIN' Document is protected byisi S. Copyright Lair and irhera;Wonai Treaties: UnauthodZed reproO Lcfion or drstRbutian of this Ale Document or any.pordon of It may iesutt insevere civil anal crirriinai penalties, and wiltb prosecuted to the maximum extent possible under the iaW. Purchasers are not permitted to ieproduce this decument. To report copyright violations of AK Contract Documents, .e-mail.The American; Institute of Architects' legal counsel, copyright@aia-org- 't6 errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's •approval .: thereof § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples r similar submittals, to revisions other than those requested by the Construction Manager and Architect on previot s;slibmittals. In the absence of.such written notice, the Architect's approval of a resubmission shall not ajipI' a _Y #o such re#isions_ ,4` The Contractor shall not be required.to provide..professionai services that coisftiulo theLLpractice of . ' Lecture or engineering unless such .services are:specifieally-required by the .zit ct 3ocuments for. a portion of 4 e work or unless floe (�anlractor needs to. provide sucksery ees in order #o o r ou #iie:CoritractAr's re5pprasibilities r' r onstruction rzieans� thuds, techniques, sequerices:andl procedur.4 Contractor Shad -not be requiredto is vide prof canal sees iir violation o£applicable law: Ifprofessldhai design services. or certifications hy:a' desin professional rek�b systems, materials or equipiiaenfte specifically required of the Contractor by the contract D.t1 ments,,I_N er and the Architect will specify,: ail performance and design criteria that sneh services -titlt satis Caicarshallcause:sueh services'or certifications to be rovided.b a properly licensed dsi p y P p ' I pri fessioii �ose X }a iir ud seal shall appear an all drawings, calculations, specifications; certifications, -Itop; �Drawirigtherb#ii �{repared by;such,professioxial: Shop Drawings and other submittals related to the Worlc' 3 ties geed Y�rtifidiAA - uc " -• ession_al,-ifprepared:by others;.shall-bearsucli,prafeSsiotia 's wntten.approval w en. ti r s>abmitf� ie� tter -r wrzier acid the Architect shall be entitled to-rely.upon.the.:adequac}y;.accumey:an_ d 7 :c�orii fete s df er ue e1tifrcaiiQr�saud•a royals.. iforrned oz rpvlded b such=deli rofessiunak 3 pp pe p y p proviie:andoectliavespecifted.totheCozitractor"al#pef7rinaziceanddisiiriteria.#liarsueh mu tewreview, approve.12- rchtake other appropriatesSection3thea a n snhna�rtta s {i irtl itgd purpose of checkuig for etittformanee with uiforination given and the design �cs�no pt Xcpiessed i e t;o 1 }f X7acuxnents. The Conttac�t'srAhall not be responsible .for the adequacy of the peortrtati arilefgn oFte?ecified in the Contract Documents_ _ 3 9 � ¢die ontractor hall fine +operations at the site to areas perniitted by applicable lawvs,}�tatutdt,:ordinances, .� andcgulatxq it Ia: fu orders of public authorities and the Contract Doci#sid shall not: unzeastli5ab enouraier klieW with materials or equipment. § 3.I3,2 Th� Contractor shall coordinate the Contractor's operations with, and se a Ite-approval of, the Construction Manager b�foxlg A yportion of the site. 3 4 Gulilt?g,arrd{Qate�ttig 4;� 3141-The Contractor, all be responsible for cutting, fitting or patching required to complete the Work or to make its Paris #-it together pi ie 1y'A11 areas requiring cutting, fitting and patching shall be restored to the condition existS. -prior to the;cutting, fitting and patching, unless otherwise required by the Contract Documents. £ 3 14 e ctiitractmrmshall not damage or endanger A portion of the Work or fully or partially completed a oYi trteuti0 °of the Own er's own forces or of other Multiple Prime Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner's owj fibrces or by other Multiple Prime Contractors except with written consent of the Construction Manager, - Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld_ The Contractor shall not unreasonably withhold from the other Multiple Contractors or the Owner the Contractor's consent to �} : cxxtting or otherwise altering the Work. 3,15 Cleaning Up § 3.15.1 The Contractor shall keep the prei gses acid surrounding area free from accumulation of wolAe materials or rubbish caused by operations under ;di4to itract. At completion of the Work the Contractor.sb ll .remove waste -,matt the Contractor's Wls, construction equipment, machinery and surplus-°>lzat pals from and about tie Prot <§ 3152.If t'ft'0Atractbr fails to cleanup as provided in the Contract Documents, the Owned, or Construction Manager with the Owner's approval, may do so and the Owner shall be eAtled to reimbursement from the Contractor. Init. AIA Document A23211— 2009 (formerly A201 TMCMa 1992). Copyright ®19.92,and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law'and International Treaties. unauthorized reproduction or distribution of this 17 AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers. are not permitted to reproduce this document. To report copyright. vlotatibns.of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copydght@aia.org. § 3.16 Access to Work The Contractor shall provide the:Owner, Construction Manager and Architect access to the Work in preparation and, progress wherever located. _ oyalties, Patents and CQpyr.gtt; ` r` � �' rT�,��,ctor shall pay all, royalties ar�d license fees. The Cotttracto� slaa}l defend sorb, or elazii;s for itifrzn� zzszn oT � � �� opyrz��s and patent rights and s}iall hold the Owner, "Construction Mazta�er and Areliitect hailers from loss,c�n accounit hereof, but shall not be responsible for such defense or lvss when a partia✓vlar dvsr. �rprocess. or product os' a . _'' � marlu€aciurer or manu€aeturer's is, required by Contract Dtsetunents or wh�c #lre�opy�,�ht vzo}a�a'i� { ed in Drawings, Specibcatio or other documents:pWPgred iy 1ne jDvvrie ,z 'u eel, or rzistructzon �Ivanager. however, zf -Contractor has reason,tb belteve.that the lreclurred desrn, process t epraduct is an ' cement of a co # or a- atel�t, the onlactoY shall be res onssb #or such loss :un.s such mfornxattuti zs nD. P ' . p ptly fired to �}zitecrthroitgla'the Construction rz' Al .81nde tiorl h ? ` M-A,le perinittod>-lawtehrtiyi1ldasthe$1TContractor C?vYner, h � a ,� t, Conskoctzon Manager's aua Arc-bl ect's con'Wltftbfs alzd ge and. employ96s of f dexpn in s, cl a s; }ossesan: eyes, uxcludtn� but rzot t .attorneys . s; r. rfo�z�rii -of the Work; prod, d that such cla itz, da me, Loss or ex erts as bod ` ess, disease:ovdeaiX ar to injury to ': des tazciionx� #az e ropo ty {otlz .tan Y. K F - - i R� ` I = 1 � paused liy the r�ebligent actsor omissaQns of theCortt��i, a�trleo�act�, d ` z _ . p#oyed by 0aem or anyone. for dose n t l y may be }iatble, Bard es tzf }Ze h ar tt F la ai�xrZ4 a 3a-caused iq part by a party zndcrrummfied hereunder. 'Stack obit-gatzonzhall riot ; educe other rights or oblagation� of indemnity° that woWd otherwrse.�exist as tog.., 3K: �axar d y ari3:}8 r� f 18 U, nor cntztyifled under this'Section 3.18 by an elmployce of the i zz tor, a b 'i r , toa�v� rin� - �rndiKq_c y� r ptoyed by them .or anyone for whose acts. they may blF Izab3e; e t ' f " t hort l S email not -be limited by,a limitation on amount szr o damages, 'olrrefi b - or for th. Contractor or a Subcontractor under workea�S'�GS3x Fl .. nsation acts, diimbihi Jut arts A,.0 ployee benefit acts. r +6 N > 36LE 4AR96 ANl?=�ONSTR11CTIOr1: MANA�R 4;:1 The Owner shall rein an architect lawfully licensed to practice architecture or an entity lawfully practicing j arc i tee>xtrr in the jurisdiction where the Projectis located. That person or entity is identified as the Arrchiteet in fhe . eejlrz at d t err to throughout -the. Contract Documents as if -singular izz-number.: s § 4 3.2 The O"-tq h'h1l retain a -construction manager lawfully licensed to practice construction management or an . r. management . e jurisdiction where the Project is located. That person or racticin construction mans eznen in the urisdzctz r 1 .� ,. g � J , ntitq QjM4"as:.&, Construction Manager in the Agreement and is referred to thropghout the Contract Doeurnerrts as=if szngil�ar in number: § 41 3l3uti* xysponsibilities and limitations of authority of the -Construction Manager: and Architect as set forth in { thontract Docutents shall not be restricted, modified or extended without written consent to the Owner,. Coiis&uction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. a ,:= 41M .4 If the employment of the Construction anager or Architect is terminated, the Owner shall employ a sztcc ssor %K.or ruction manager or architect as to whom thef_%ntractor has no -reasonable objection and whose stator -Am ler-the Contract Documents shall be that of tizeiasi5r►ltion Manager or Architect, respectively. _�� rtYtt`t of the Clantratif =..1 TIZe zstruction Magee' and Architect will provide administration of the C as described in the Contract Drao zirtzents:wA Ali be the Owners representatives. duringconstnzettori .until Fie date the Architect issues the firzal:�iz �'�r Payment. The Construction Manager and Architect will}ate �ut}zvrity to act on behalf of the Owner orily'to the extent provided in .the Contract (Documents. § 4.2.2 The Architect will visit the site -at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar -with the progress and quality of the portion of the Work completed, and to AIA Document =21— 2009.(formerly A2011'"" Civip �'19921.,.copyrighto 1992 and 2&9 by The American Institute of;Architects.-All rights resereied. lnit. W41R ING: This Ale € ocument is protected try US, CopyOght Last` anOir:tr rnaltonal Trea'des, UrlautlhodZad rapf duct:on or d:atrtau Lion o'this � Ale Rocumiont, or any ponton of it, may result in sevdre civil and odmindt pLtoalteos, aged wits be pfosecate:d to the ir�VNM€, extent possible ! under the lave- Purchasers are not permitted to reproduce this -document. To report copyright violatiops.ofWA Contract Documents, e-mail The American institute of Architects' legal counsel, copyright@ain.org. - determine in general if the Work observed is beingperformed in a manner indicating that the Work, when fully. completed, will be in accordance with the Contract Documents_ However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion -of the ,-ork:conpleted, and report to the Owner and Construction Manager (1) known deviations from the Contract .i &gj is and from the most recent Project schedule:prepared by the Construction Manager; and Q) defects and r dt:eitnces observed, in the Work_ yti; r 4 3 The Construction Manager shall provide a:staffung plan to, include one or nlore3epresentalives who shall be in _ ttendance at the Project site whenever the Work is. being performed: The Gonstr z�ttor, IV�anager will detemlizze in tieral if the Work observed is being performed in accordance with the CctrifratAcutuents, wiil.keep.the Owner isonably informed oft progress of the Work, and will report to�. ihenez and Architect.(1) known deviations ifn the Contract Docriin' its and the most recent Project schedui"e, '(2) defects and deficiencies observed in the k.k _ .. a 1.4 The hltgt o nager will scheduleand coordinate the activities ofx-he: Contractor and other Multiple ike coot a c s imiat cc t`daKee with the latest approved Rrojcet schedule_ perfeirii the U tktiW M' der, except to the.extent required.by Section 4.2A, and Architect will xiothave control CLstrdLt x 2�eans, methods,•teehniques, sequences or procedures, or. fair the safety j recautions �r. ectltf the Work; since these are solely -the Contractor's rights and -responsibilities under the its, excepihas provided in Section 3.3.1,'and neither-wili responsible for the Contractor's failure rkecor with the requirements of the Contract °Documents- Neither the Construction u��vil],��t�a:�e control over -or charge of or be responsible for -act$ or omissions of the ntrae#t rsx,or r agen#s or employee 2 0 of ny other persons or en#ities performing portions _of the 7 S:Cortlmttrticati t tot! lag Conn act Administration. Except as otherwise provided in the Contract Documents >or *h d cot pox, rt`iti,, shave. been spccially authorized, the Owner an&Contractor shall.to commuariieate , each At r throtiAb 16e Construction Manager, and shall contemporanecrosly provtdethe same Y -ken cations ta. the Al act about matters arising out of or relating to the Contrar✓t% Communications by Vjtli :tile A�-tiitect Zonsultants shall be through the Architect. Communicatong°by and with. Subcontractors and rna#rorlal suppliers slt"all be through the Contractor. Communications by ands other. Multiple Prime Contractors shallilrroughliieurtrdilat'r`on Manager and shall be contemporaneously prouided to the Architect if those w.communications aie.;at out Matteis arising out of or related to the Contract Documents. Communications by and with the Owner's own fnrees shall be through the Owner. ,§ 4:2.7 Thleonstraed. lVlapager and Architect will review and certify all Applications for Payment by the - Contractor, in accord with the provisions. of Article 9. r_ 4.2:8 �"heehiteet.and Construction Manager have.authority to reject Work that does not conform to the Contract `,. Documents and will rtdtify each other about the rejection. The Construction Manager shall determine in general - �-e"whether the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require � � add iional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, upon. written authorization of the Owner, whether or not such Work is fabricate »s 1tm or completed. The foregoing authority of the Construction Manager will be subject to the provisions ufSections 4.2.18 through 4.2.20 inclusive, with respeet`tl _ " interpretations and decisions of the Architect. 1lovyever, neither the Architect's nor the Construction i1**gWs authority to act under this Section 4.2.8nor a iiecision made by either of them in good faith either to exercise or not to exercise such authority shall give p--se to-aduty or responsibility of the Architect or the Construction IVlanager to the Contractor, Subcontractors, r€rata and equipment suppliers, their agents or employ ees-grptherpersons performing any of the Work: { 7 4.2.9 The Construction Manager will receive and promptly review for cctriforce with the submittal requirements ofthe Contract Documents, all submittals from the -Contractor such as Shop Drawings, Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and transmit to the Architect those recommended for approval. By submitting Shop Drawings, Product Data, Samples and similar AIA Document A232T" —2009 (formerlyA20.1 T"CMa—1992). Copyright@1992 and 2009 byThe American .tnstilute.of Architects. All rights reserved. snit. VIARNING: 'this Ate Document is protected by WS. Copyright Law end International Treaties. tinauthorked reproduction or distribution of thls Ale Document, or any portion of it, may result in severe eivii and criminal penalties, and will be prosecuted to.the maximum extent posslhla f under the Faust. purchasers are not permitted to reproduce this Document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 19 submittals, the Construction Mah4ker tiepte'sents46-the.'Owner and Architect that the 06iistractian MaiiAcrer IiAs, reviewed and recommended them fqi -Approval. The Constrtiction Ma4agei7s actions will:: be taken ' In accordance by,the Architecti-in -in the 4biefire of an approvo -iti-Slz� the Project submittal schedule &Project. with reasonable promptness while aliowin su fie enttime to penrdtadequate _review -byfho Ai�.. or take other :ajoropmate action :b"on tieE 1i E aho�3awings, Product Daia and Samples, but only for the, limited purpose,of fc€zrntace t ' in orinatiQn given and the design cortcept - The Arel, expressed in the. Contract Docurrientf, lita will Sze taken . finance with the subtntltal schedule i approved Ar4 chilecI, <R-t *e abse�� subnuttaf. I le 0 while allowing i Ar I ftqt�6�ssibnalj nent4d. with reasonable -proniptue. M ih Tniatt *ipA rtMtfcrz rtfrTf ntv&f. View -A hW,Im qrhit its.n . ...... .. ... .. 11 Rev f th Eactor's submittals b. an not OW or y4beConstnefion-Ma aggerand-Aa,rhitect is &Wls such quantities, or or ".0se of curacy and completeness of other fl r installation - or perfbrananc.df'6qinp-%Lne-ht---or tysbeMs ail owhtclampe.. C a mtrac1:D.oc1L1ftkeAts.- ne ow nsi C 1, as JtNu 6&4y� the 'ttals shall not relieve the Contractor of eobligations undi:�k�OUS33- 5. W in th 0 .0 th -the C etlon 'a 0 .-b onstm Mdna' ger U."Ir- 4,�Hlu _y M... Ores.. The rch-it- 's.appr ite A4fW,W. -41 ofan �ec1_ A ua bival: 4 a i r1i tl speciR� o0pr9V Upreme _Ot4cr� W1 '�vft. :C-hange, Oli�C 4C -.D,.h=. Y Chan "13- 0 and the Arcbitechy appropriate action on offstrur. ge Orders or C znt F., kwith Artiqlqlg�� Architect will have, authority to.order minor eh-041OR in 'or 0 h 1bWC onager, ftdiia. -c onsultatibrimit onstnictRoi! u. wg. Ld arding conceded and unknown iz�onditioasas section 3.3.4. oe Z unia � provided by the Contractor, theConstraction Manag intaui at the site fbr*6�x�t€act Iioeiiinents, approved shop Drawings, Procluet=III ��goples. aiid similar required (efJap J\4anager will assist the Architect in conducting inspections to determine the date& of pandaRedate offinalconpletion issue Certificates ofSubstantiaLCot*etion in conjunction "ant fo Section 9.8; and receive and-t)rard to -thee Owner wHill ' en warranties and related by the Contract and assembled by the Contractor pursuant to Section 9.10- The Construction " the Architect a final Application and Certificate for Payment.or final Project Application a6for Payment upon the Contractor's- compliance with the -requirements ofthe Contract 4 Z. 1I 6 . If the Owner and Architect agree, the Architect will provide one or more projeot representatives to assist in % carrying out the Architect's responsibilities at the -.site. The dutiduties,responsibilifiesand - Hinitations.of authority of aucji ct representatives shall be as set forth in an exhibir-1-61 orponftd in ft-Contract Documents. W4 `2 ance e 17 The Architect will interpret and ddpi a concerning perfbnn . under, and requirern atp Contract Documents on written reqacstpfA6 truction Manager, Owner or: Contractor throw i&%AsftUcfion in 'timqJj#kA: agreed upon or Manger. The Architect's responserequests Will be; wEide in writing within any _t Vq requ ai !Rip T- J.WO qsgw, -h seasonable PTOQ0-8 --nM" 4 z. 44 V,&A6 ioa&cisions of the Architect will be consistent with the intent of and reasonably inferable V, R ibi Documents and will be in writing orin the form of draw1W lci mang such interpretations d. i ions, the Architect will endeavor to secure faithful performance by bdth Uwner and Contractor, will not show partiality to either and will not be liable for results. of interpretations or decisions -so rendered in good faith. AlADocument A2321� —2009 (formerly AZ(14T"Ma —1902). . Ciopyrigbt6f992 and 2009 byTheAme&awlnslitute ofArchitecls.All rights Init WARNING: his Ale Document is pr6tected by. US_ distributio' Copy�ht'Law and Internation4l Treaties. Utlauthorized reproduction or on of AIA! Document, or any portion of, it, may result in severe z1vil and criminai penalties, and will bep.rosocated ith to ema:imam extentp slJA 0 under the law. Purchasers are not permitted to reproduce thisdocument To report -cop)iriqhtviolabons of AJA Contract Documents,,e-mail The Arswican. Institute of Architects' legal counsel, copyright@aia.org. § 4.2.19 The Architect's decisions. on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. , § 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and forward. x .T each >4e[litest £or in£orrriation to the Architect, with the Construction Manager's recomtnendation: The ArchiPeet will �3refe respond in wzitingto the Construction Manager to requests £or'inforruation about the Contract Documents She irtstrtiction Manager's recomrriendation and the Architect's response to each request wine made in writing "" within any time limits agreed upon or.otherwise with reasonable prorrmptness. If appropriate, Lhe Architect will prepare � '� --ntid isst�� supplemental Drawings and. Specifications in response to Clio requests for information.. s� tir� ARTICLE 5 SUBCONTI ACTORS .4 Definitions _ ' M5, + .I A Sub�ejohtracto�t �aperson or entity who has a direct coaft&-�vt'�-h the Contractor to perform a portion �f the _ _;. dirk at the s"te :The row ",Subcoutractor" is referred to throuut the Contract Docurneats as if sirlar In: number ` } and hieans a n- cont4dor or an authorized representative of the Subcontractor. The term "Subcontractor" does riot Fh , ofttde otltj:,*btipj#Ai kie Contrad6mor subcontractors of. other: Multiple Prime Contractors. M$3 51.2 A*. ubexrctor: is ,person or entity who has a direct or indirect contract with a Subcontractor to perform. p rti�n e fh The terra "Sub -subcontractor" is referred to throughout the Qontract Docurnerits as if' , $1 w z f ssugui r3tiubrd msub-subcontractor'or an authorized representative of the Sub -subcontractor. r .152. .: and of'5tr� ontract tid Other Contracts for Portions of the Work 7. 21 bnlesa- iery e siafid in the Contract Documents or the bixtding requirements, the Contractor, as soon as `` rye cable alter aw pf tliejCo tract, shall'furnish in writnig t6 the Coristructior► Manager.forre� ew by h Owner, atist=ucf-i6n Manages tid �t ct the names of persogs ar eritities {including those who are to fur sli xnat vials r a ,x =, ipi etit abr ate to a sp design) prap0 e4for each principal Z. pot -ton of the Work. The Construct on hrl r $ y rep[ with' a o `Contractor in writing stating { l j wlretYier the Owner, .tile Construction Iulanager: r the L f Acliikeitas resoIiaectlpp to any'" osed person nr'entity. or, (2) that the ConstnictiQlVlanager, �l rchite r'Owiq i3 reCp ices a�ou'd' wefor review. Failure of the Construction Manager, Owned orArchitect to f x 1ep -Withinthe =LTay eWit"all190 istitutenotice.ofno.reasonable objection. ,'Y 5 -3. axe Contractor shah°not contract with a proposed person or entity to wbftihe Owner, Construction Manager 1:ik.Araliited has =A ie'asanable and timely objection. The Contractor shallot required -to contract with anyone to 7hol"iLo CoiftraOW4.4isx44i reasonable objection. § 5;2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Cbntrae' & the- Ab7`kctW shall propose another to whom the Owner,.Construction Manager or Architect.fias na g reasen�abte objecfori: fft#ie p�pposed but rejected Subcontractor was reasonably capable of performing the Work, the Co oact Sum a�tract Time shall be increased or decreased by the difference, if any, occasioned by such change; and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. _ r ' However, no increase in the Contract Sure or Contract Time shall be allowed for such change unless the Contractor - 'has acted promptly and responsively in submitting names as required_ 5.2.41he Cis ,tractor shall not substitute a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution. F §..5.3 Subcontractual Relations By appropriate agreement, written where legally r uiredrfor validity, the Contractor shall require each Subcqi: ii3actor, to €he extent. of the Work to be performed by fife Subcontractor, to .be.bound to the Contractor by terms-�f fh. ---Contract Documents, and to assume toward the Coato all the obligations and responsibilities, ineludingeapdnsbility for safety of the Subcontractor's Work `akh'the Contractor, by these Documents, assumes toward _the Owner,. Construetibh fllrianager. and Arc6te €+i Mach subcontract agreement shall preserve and protect tb sr )Hghts of the Owner, A p5fittctiioriaziager and tchifect under the Contract Documents with respect to the.�4'atk to be performed by the . . Subcon"otor so. that -subcontracting thereof will not prejudice such rights, and; shall allow to the Subcontractor, v unless Specifically provided otherwise in the subcontract agreement, the bcnefitof all rights, remedies and redress against the -Contractor that the Contractor, by the -Contract Documents, has.against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar -agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agr Bement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, lnit AIA Document A232"" -• 2009 (formedy A201 TMCINa - 19921, Copyright 01992 and 2009 by The American Institute of Arc€ lrtec All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and international Treaties. tinaufhbrized reproduction -or distribution of -this 21 Ate pocumont, 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. Purchasers are not permitted to repmducethls.document. To report copyright violations of AIA Contract Documents, e-mail The.American institute of Architects' legal counsel, copyright@aia.org- identify to the :Subcontractor terms and t"ondifilo of the: rropose subeo acC a cement that rriay beat varl ee with the Contract Documents. Subcontractors will sioijarly ;t &q copies of applieabl portions of such doatirnezits available to their respective proposed Stib-subcontractors o ltgent Assignment of Stbbcontracts ' y ��h subcciritract :agreement £orb pArt;oa of the r� is asstgrxedi+ the Cbntr�ctox to the;vnerrt3 'ffid , h ��`'' �' - � ��;�, �� assi�anmeiit is e�ect�ive or�3��ftei'teimina�on of the Goaet hY:theOvynerfar��Yistw�iit�uarttAo_ , � • Section 14 � and oily for-.aht.sul�it�ect aareeri�erits that tht; O�v�xer aoce�� y=nc�ti£��b ,_ " ..," SixbcontraEtor arid'Contrartox�ii [ivg;.atiid - rx- F ' .2 assignment is subject to the:priorri�lits of the srire y, rl a�yz ol�litr ed under lioi d relatidg t4the Contract,, n the O: - acre :assignment .aft-A�p aireassomes the Coats -r&tad _ afom the tract: t Ups i assx t, i£tliwork hi sstsende cl €or inane Kati 3f1 Sys, the SCar' <. n I1V tat adjusted for. in cost resulting Rom the susiiension x x 3 S' p- .�� a 4 i'}iiid i`;this etloii #ie-Qu)*. rmay further ssig i tr ct to € - , �cc o� r i ity Ift :ass s'the sub gt�#x o a aec >ssor o�ttira r or o r e t v w f lie �Iea Legally responsible far all of the suec pr ConsraetQrtsobhgdtk011s•iin O W kj Al W doAWa4-ft'rer -onvreQ pnSir+G_,or:iptOec[tltrle�e't- �d�_. d by e'CnstfdW: ob a aler � orc iorio =e _ to aver ei n ne on vv3ttli € } rtions of ttie or iDther cower dtioit: or ope tmzzs tr e- site linlle ozi� Cie�11 p�rait63t ntltill i:Sirnii3c.xQ tl? lnclitclltl tizo,__e portroi t� to ins i]d w i of 9, 6oitw ftlxe:Coatr-tor claims that delay or 4dditiorial eos�s triv -becai such. fi acttazt� �Jwner� tlieiwntractor shall mak- such Clam as'provided is Article l � s � n the OW- ner 'K' s.constrrics ii� or rations with the own forces iricl diiig persui�s [ar:: < §r end l der: -do 'trw aditiir istered by the Construct" Manager; the 0wner shall- rovide " _ poi inatiot of such €ci with the Work of the Contractor, who shall cooperate with them. y 4 eft I.� het se rovided in the Contract Documents, when th :Owner.periorms ccnzsbriichon or opera - ins W° related ins E t affecttl ; OwnWs own forces, the Owner shall be deemed to lre.subject:to the same ob149t ens. atidntl3 ue the s:�ee rights #list apply -to the Contmotar..:under the Conditions ofthe Cortract, includ ,. without- xcldtn oexs, those stated. in Article 3, #liis: Article 6, -and Articles 1:U 11 aad 12. "� - � �� Mutual�lt~sponsiliitity - 4 6 A. The Contractor shall afford the Owner's oven forces, Constriction Manager and other Multiple Prime Contractors TdOonable opportunity for introduction and storage of their materials and equipment aridpqrj�Qr�i -of their activities, and shall connect and..coordifia#e the.Contractor's'tsonst wto ion:and operations with tlteii as,rgquired a " " , by the Contract Documents. 612.2:If part of the Contractor's W.ori: clu nds prcrla r e eeution c results:npori construction gar operati'ori ;t1ie f :X3ier's own forces or oilier Multiple.Pirae �gn#rato Cs, Elie, Contractor -°shall, prior to prneeediirgc tlial potion 4f the Work, promptly report to the. Constrtteh€ i aua erand -Arclutect.appatcnt:discrep=ies or defects �i �uc1i'other constiuction that would render it linSiutal a fot melt proper execution acid iresuult�, Failure o tl�ti ztntracto]r so =to .Reporo#ute an acknowledmezit chat the Eflwie's own forces or other multiple Primeoritracto �og ally coipled"constciion. is fit and proper to rei+ the ContataQrs'ork, e�ceep; as to.tlefec ru S - &. x : * noteeubly discoverable. 6.2 3 The Contractor shall reimburse the -for r for costs the Owner incurs, hicluding:costs that are payaW,40 A separate contractor or to other Multiple Prime Coatractors. because of the Contractor's delays, impm*'Lly tinid:.;. activities or defective construction_ The Owner.$hall be responsible to the.Con"cor for costs the Ccin", for ititurs AIA pocumen# A232T" 20E13 {foraieriy A201 "'GMa i°itopyright 4992 araA'U09 by iheAm�ticara EnsGtute of Arch�[ecs AlF rtgfSseived. Init: WARNING: This Ale Document is protected by U.$. copyrtgi:t-Law TreAfto.s. #inaz4horued repcc�de�Qn o; ,�is��utlaa �+� il�nis 2� AIA®Document or any potion of 3t, may result -in severe civil arid-csi3stinai peira[tlos, and will be pr6sechted to the maximum extent.poSs1w f undsr the la-r. Purchasers are not permitted to reproduce this dorsument To report cdpydgh! violations of A1A Conttact Document$, e-mail The American institute of Architects' legal counsel, copyright@aia.org. because of delays, improperly timed activities; damage to the Work or.defective construction by the Owner's owzi forces or other Multiple Prime Contractors. §. 6.2.4 The Contractor shall promptlyremedy damage the. Contractouwrongfuily calas' es. to completed or partially a x eQrriglot ;construction or to properiyof#he Owner,'separate contractors, or other:,Multiple Prime Contractors as s e Qwner and other Multiple Frime .Contractors shall have the saline i'esponsibtlitips'fo cutting and patching ` bed for the Goo �' }�> ��'"`�sF "sent. iraetorin Seotion 3.14_ ... : wner's Right to C� an Up n i dispute art des amon�e Contractor, �othet Multiple Prime Contractc�xs aanc .-the Owner as to the responsibility r their r9 •cove MR&' cts for: tnaint:amnia -tho di pr isas and sl out ding area free >froffi waste materials and ish, the.er.mfi�n up a>3d:the ConstructionNJana th'notice to theh#e�t„ vsli-altocate>the .cost . } t �gng tho tbbnsf f 4 r t �C1t:rAh1G�; H QF1K - f Ga '3..1 i o b. aceorrt lished after execution of the Contract andiitlo>atvaj idatin the r L�pnir1 Y p $ . _ trtiction Change Directive or order fora minor -chauge;in the ork, subjectAf to the arid -elsewhere, in the ContractVocuments r e 'sed upon on agreement amon t14e'C3 nvneir; Constz�ctaan j� ( r, Architect and ram£ u�� r� p g #o ns ` h e Directive r titres a einent " Ee Owner Constriiotiox> �I bre . t �' ,Manager acid Architect } s s y 7 y e� ay the Cointractoyr; a. grdoffo r a minor change in the 'tNori� �x�y be issued by the- K itebt (: nee AP F l- w 1. C�i� gel i1i ih r s'ha,ll;be perfoznrtei under applicable rovisions of the Contract bbo umepis„ acid the k Pp p f owltractoX 11 t d rp�t t , unl tl�erwise provided in the Change Order,-constl��zctri tge Directive or t�, order for a minor change > n #h %"Vail k aY p 21�itbrde, r u� Chrdt r ittestrnent prepared by the Construction Managerd signed by t#se Owner, Constructioi; Manager, l�rontsi'ctor,.stating their agreement upon all.of the following: T114 9ib the Work; 'f fib t of theadjustment, if any, in the Contract Sum; and Y tkofthe adjustment, if any, in the Contract Time. " o s Nt loll lAhge Wbetives § 7Y action Change Directiveis a written. order. prepared by the Construction Manager and signed by the . . Ovvnet�ioi-anager and Architect, directing a change in xhe Work prior to agreement on adjustment, if any, . in tli. Gonti�e'��tm bontract Time, or both. The Owner may by Construction Change Direive, without <; d%ating the Contract, order changes in the Work within the general scope of the Colritract eonsistirig. of additions; . deletions or:aftrrevisions, the Contract Sum and Contract Time -being adjusted accordingly.. 7.3 2 A. Construction Change Directive shall be used in the sbsence of total agreement -on the terms of a Change :order. 73.3 If ihe.Constraction Chaii a Directive rvides for an ad ustment to the Contract S the ad ustrient shad be g p .f �, .. J _.: : fused on one of the following methods n. 'l Mutual acceptance o�a �tinrtp sum properly itemized and supported by suffipitixbtntiatirtg data to ME - �hX t evaluation, 2iit prices stated in the Contract Documents or subsequently agreed upoxi,.. j s , :Ccst to lie determined in a manner agreed upon by the parties and'a.rri tftWly acceptable axed or .� {. .. :tentage fee;.or Y, .4 As provided in Section 7.3.7. § 7.3.4 if unit prices are stated in the -Contract Documents or subsequently agreed upon, and if quantities originally: contemplated are materially changed in a proposed Change Order or Construction Change Directive so that AIA document A232n' —2009 (formerly A201 TMCMa—.1992). Copyright ®1992 and 2009 by The American institute. of Architects. All rights reserved. iniL WARNING-i this AIA® Document is protected'by U.5. Copyright Law and international Treaties. tinauthoftod reproduction or distribution of this 23 Ale Document, or any portion of it; may result in severe civil and criminal penalties, and will be prosecuted to the Moodmum extent posslble under the law. Purchasers are not permitted. to reproduce this, document. To report copyright violations of -Am Contract Uocurnents, e-mail The American institute of Architects' legal counsel, copyright@aia,org. application of such linrt prices to quat>ltfites':of WozlcPrQposed writause;substantial iiegtuty ti the Owtir or Contractor, the applicable unit prier's all be equitably adjusted: § 7.3:5 Upon receipt of a oust cti zge Der v lieCont actor shall promp. y proceed r�th the.cha 6 the r rled aud'advtse iCoiismacttaxi Manama r atxdrei[tect ofeontractor's areenient or tltagrertir lit ' b & ethod, if v, provided in the Construction Gbai ge T3irective for determining ilia proposed'az j st eh `�n �,-llyo��Ct �n�IS Or Colatr,3.Gt T11It�: - Construction Change l>rectiv. shied bit jhe Contractoriudrea`tes the therewith, . adjustment m Contract Sum Ruud Writ act Tim or the Method for detSuch a�eenaertf shah � � e effective immedi;ite%aud shad lie rat,&id d as a Change 0 deg. , J :1I tore s�aeFO fIgL 'C 70na r4�ipuj,' vj a r�ca aiiccu�u x.�f n3y czi..�.,,.�-ua . ,, =y' onstruc hl dextnXdri fi�tfi? fir] acjme#t on ihe:bas�s t3f`:zeusop aYrlepat as of `� erg sr ..thhe Wocutabte tQ thetiane.udma, in case of an.izro�d�[�ihCsirtra, ouu �; r profit as set faith zir'the Ag*mertt, or >f no such mount is set ford 'in file 3 ree nt, a : r :nab t� case, aiiii Is4 t der ect�an'7.313, the Contractr�r s t# beep ar[d reseut, nSIM, Q 1 a r ' xesdrrhe; ari > zct aecountmg �geeer �vitf agproziate sup�iat fe <T .� e a de; e Dsicume, castsdt t iv cfs Sec#ioa 7 a sala^be limited to the lo*5 _ r - . - .' q a >d f clunking sookaf cu old age an u pmj lo?r tit uran ftinde l ilns retlUil ed fra custom, and: wo effm cw ipensatiou insure; 4X �a sdet3t;:�tg�otxfansporlatiem,t3rtewipozated"c>r 4 . =,And-gwpfqep „me #sLu rut hanZitools, whether'xe red eom die Com a 144 t� 4 s for all bonds gndistirance, pertiut fee;, and sales, use or Similar taxs�elcfto f r - G, - - - - ,j o K -- - �' - -- ' egsts�su oaia d-fieldoffice onne} rr etlyattributableto3he aiabe ' z -A � T I Tt $; The aniourrt 01 }5 e allowed by the Contractor to the'Ovvtier for a deletion�x change that`results in a net � 4 s u-die sJsall lie actual net cost confirra by the Cons#t 90h ]4lauager i #act when OFgins rerltts ca ring related"`' 6 rlc or"- in-fituti.b are nvof d ;r bhange, tla allotv;uir a for'o rliead :'halt t ie'basis of net incrcasc, •if' atiy, Veit i spent tti at change. K rg5 �T' bte7mination.of the totatcost:o€aConst> ictionlaiangeDirective:to #lie Owner; tlae Contractor xnay reps York completecl.under the Cortsfiicnati Chime Direve inApplrcationtaranen#. The Cons iietio � �d ehitect will make an interim determination for purposes of monthly ee cation for payrfi nt fort es t s and_&& ify for payment the amount that the. Construction' Manager and ArchiW determine to be roa5artl %'ustified. The iitteriiti deters W430n;�rf cost shall adjust flag Contract u>ii on the. Sarne sir as a Change rder; ul i ae it of eitlwrparty to disagree mid"assert a'-CIai inac ordattee wi ld A'� tide 1 S; =Whq the' Owner and Cor#traetor agree witita deteiimatioii iliacle by the ConS#uctiori Manager and -Architect conceiiiiiig tt `;idjustments in the Contract Sutra and ConftctTihrie,'or.otherwise reach agreement -upon the " adjus rents, such agreement shall be e etive immediately and the Construction. Manager shall prepare. a Change `Order." Change Orders may be issued fox'all v: any'partov aConstructiori Change Directive. ,- § 7 a Minor changes in the W. or Y - y e Axchi#ecthas authority to order. minor changes 1h the Vo*: n` of invb1,h a- adjustment in the Contk�t rim r retract Time and no iEI stem with -tile intent of the CoiitraCt Docuixients: Suva changes will be ' extension of the Co t e »x effeeted by written order issued tlirotiglx the Construction Manage-r and shall be binding on fh Vw d _ andContractor. k� f a rate' i, &brwise provided, Contract Time is the period of time., iri uri athorized adjustra exits, allotted in the Contract fkcuinents for SubstantiatCompletion of the Work. s § 8.1.2 The date of commencement of -the Work is the date established in tiic Agreement. snit. AEA D9cument A2321— 2009 (formerly A241 OICMa — 19.92). Copyright.@ 1692 andmog by The American Institute Of Atcfnt . AlV ghts reserved_ WARNING: This Ate Document is prote tad by VA. Capyright Law 3as#int 3atlonati'reat!Os, Unauthorized r�p�[�uetran.o�'dis4tibuGon t3€firs 24 Aloe Document, or any portion of it, may ms;uit its sev are c;ml i Q0d cri[hFtta3 ger3aities; and wilt sae psoseepted to the tila.^^ mum ottent pos4ibl6 Under Via law. Purchasers are not permitted -to mprodcmd this doWment. To report copyright violations of AlA Contract Documents, -mail The American Institute of Architects' legal counsel, copyright@aia.org. § 8.1.3 The date of Substantial Completion is the date certified by theArchite-ct in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined_ r3 x ' :1 "farjne Iimits stated in the Contract Documents 'are ofthe essence of the Contract: By exectlttng-3the Agreement the Contiactor conftt is that the Contract.Time is a reasonable period for'perforining the Work„ a t pzeiaturely. The Contractor shall not kno�vingIy,.except by agreement or instructionxafewiter in writing, k �� : commence operations op the site or elsewhere 'prior to the eff'ec'tive dafe of�tusur2nee required -by Article f i tv be furbished ty the Contra or and Owner. The date of cominencement-QM-5 6 x�rlc shall not be changed by the effectivev Batt;" of such iarance �V � .3 The tt#rneto 'proceed expeditiously with �adequi to forces"amd Shall achievb-SObstantial Completion rintlteect .a" h� F x�Eiles.ctte Cbntt ctorIs e d at any time in the conimencernent or progress, of the Work by an act or neglect of 1 t re 0 �r j iwnef i§�qf Ior Constructions Manager, Architect, any of the other Mtrltr le mime Contractors or au any er r r ;tchanges ordered,mi the Work, or.bylabor disputes,-fim aurtu'stial.delay in.deli�erles- urravpttd e casltat", bt oth4r'cadses beyond the Contractor's eQntrot, o� yr delay authorized by the Owner pending di�on arxdraxtra",ir bytker causes that the Architect? based cln,tbe zeGommericlatQn of the Coristniction 1171ana er, de crtmnne �}t st clay, then the Contract TiErne shaIt be extended by CWnge Order for -such rya&onat�lee aslechiy determine_ - Cfaiin�<atatl}ix7iall be made an aocor�dance with applicable provisions iif.Artiele 15 § 8 3, s-Sec0p4 # d6es nbt; ir.-eclude,recovery of damages for delay by either party under atherprovisions of the w . •- Contxaci pfjCun'1e��5- .. _ -- ;' ARTIM.E9 PAY N-T AWDCOMPLETION 9 cortfrctstem The Coticturc3s:�sdahe Agreement and;.including authorized adjustments, is the total amount payahie.by`.the Owner to rr tkr'Cperformance of the Work under the Contract Documents: ,. Where the"qS b'tin a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the Coil; "coon 'Manager, before the first Application for Payment, a schedule of values allocating the entire Contract Sum'to the various portions ofthe Work and prepared in suck form and supported by such data to substantiate its accuracy ash re. Construction Manager and Architect may require. This schedule,. unless, objected to by the ` `:'Cif taste€xari M inagdf r Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment: ,Atli: the( event there is one Contractor, the Construction Manager shall forward to the. Architect the Contractor's schedule of values. if there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors' schedules of values only if requested by ` ile Architect. :. 9:3 Applications for Payment' §-9.3.1 At least fifteen days before the date egolrshed for each progress payment; the Contractor shallqubihit fo the Construction Manager an itemized Appllea . D for Payment: prepared in accordance with the schedu3e t v lues,.if . required under Section 9.2, for completed portions of the Work. Such application shall be notarze,lsrequired, and p oi#e l i3�:sueli data substanirafni �e Contractor's night to payment as the Owner, st�ctle n Manager or: Architect nay, rehire, sued as copies of requisitions from°Subcontractors and maet5al sgpliers, and shall reflect k : retainage if pro14.ded for rh--the Contract Documents. _ `§ 9:3.1:1, As provided in Section 7.3.9, such applications limy -include requests for payment on account of changes m. , the Work that have been properly authorized by Construction Change Directives, or by interim detenninations of the Construction Manager and Architect, but not ye, included in Change Orders, AIA DocumentA232TM — 20..09 (formerly A20i TMCMa—1992)_ Copyright O ,992 and 2009 by The Amedcan Institute of Architects: All rights reserved. snit WARNING:'This A e Document Is protected by U,S. Copyright Law anal in#ernational Treaties. Unauthorized reproduction or distributlon oaf this- 25 At a Document, or any portion of it, may result In severe civil'and crlmlrfal penalties, and will be prosecuted to the maximum extent posslbte under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org: § 9.3.9.2 Applications for Payment siiall"not include requests foxpaymeat:for.portions of:the 'L�Vorl;forwhich the Contractor does not intend to pay a. Subcontractor gar a iaterial'supplier unless such Work has been performed by athe"s, . whom the Contractor intends to;payx. - 9 3 2 irgess otherwise provided in. the.Contract Documents, payments slialI be made on account of rnatenals gild "- iztPet delivered and suitably stozeci at the site foz siibst ll}aen:iiteorporation in theotcfappio* cd izi arlvse x x Yw y z iter, payment may similnly& i ade for inateriOl apcl equipwnt suitably storccl 4ftlaa iocatio� agreed upon Iri writing_ Payment forinaterials ani:et}iliptnetitstored on or offthe°site shallbericlit>oned upon ce by the Contractor with proceduzes satisfactory to the .Owner to establislt� tlie3wrier's title to such ale and equipment or otherwieprotecttlle f4wner's iitlexes gild sl►all incLtdexeosofappiieable hrsurd` s storm and transportati to the site ft-such itiatzatals andipinent stoned aff lire:site, .3 The Ca ractor WWts thattitle to all Work covered by n pplicahort for pavtriert# will pass: fo the rho t z than of p it The Contractor fiirM warran�il at pon ubrriittal of an Application for 1?ayrnt;n# c for rtF C for Pa3nientiiave.been previ4p y is tiPcl aridpaymeu#s ec ved the-.(wner alls . e lest of ntr o' cnowledgib, information and belief, by free and clear of liens, chains; security in#erg n en mbz ,� fa�i 2M4he tractor, Subcontractors, material suppliers, or other per one or. entities tnai ng a '= b pr Tabor, materials and:egnip nt relating to the } gam'"'. arc aµ - 4 ES _ljffli ozilractor, the" Con trisction li�A. anager wily within. seven days after the Coristrachozl . " t�� ctoes Applicatioo..forPayment, reviq #ht *pplieation,_.certi :fbe"airiotuit the: Ciioia is due the Coiiractory and fo the Contractor's►pphcation gull Certifeatef `tit �Ar y i uen days afterhlte Airittreceivs theoiitcactc>r'.s;Appbcation foz l'ayeaat Architect will either 'A --to the Owner a Cezhfioatc for Payment,. �vitli copy o . he roristn ctNon ra.... h amount as the Arch t c determines is properly line, or notify the Constri�c a Nlana and Cw r iii�i the Archit�t's a orris for�withholding certifica onx whole or in par z i d rni Sn9Co"'non Manager vrili promptly forward to the Contractor the Architect 5 notice- f witu{lirtro _ ~, § 9. ? � . there a tt1 Prime Contractors performing portions of the Projec ie Construction Manager r f. will, vi WI.tvgr ter the Construction Manager receives the Multiple Prtnie of tractors' Applications for s u 'aynnti) revieltY the Applications and certify the amount the �onstructronanagez determines is due each of the Nz F�irltjje�'riaCp) prepareaSzimiitary ofCc�ntractozs' Applications for Payirient by combining -' ifazXiiattoit from c i le Prirne Contractors' applicatiori with information from sii ilaz applications for a r.o ress payments fzoin other Multiple Prime -Contractors; (3) prepare a Project Application acid CWdficate for ift�he amount the Construction Manager determines is due all Multiple Prime Contractors; and { ) forwA the airy iiai `o ontraetors' Applications for Payment.and Praject Application grad Certificate for pent t Altet. :9 4 3 Wlth�en da+s after the Architect receives the Project Application and:Project Certificate for Payment and ' , he uirim ry °6. Con&- ;tors' Applications for "Payment from the Construction Manager, the Architect will either issue to tote Q,wner. a aPzoject Certificate for Payment, with a copy tothe Construction Manager, for such amount as the Architect determines is properly due, .or notify the Constritction,Manager and Owner in writing of the Architect's reps for withholding, certification'in whole or in part as provided in Section 9:5_I. The Constniction an with promptly forward the Architect's notice of withhold eeztificaiion to the Contractors. 9.4.4 he Construction Manager's certification o€ail Application for Payment or, in the 'vase of Multiple Pi tii Contractors, a Project Application and CertiA te-foz Payment shall be based upon the Construction lvp[ager'% evaluation of the Work and tiie infortnation;prA 0d as: part .o the Application for Payment: Tlie C-oiistr action Manager's ertifi€a#ioa will constzt i piesentation.-that,, to the best of the Constructions Managerr l�nowledge; inforioliat>q daaplief, the Work had }progressed to the point indicated and the quality oft.- e Vi�rk is in accordance s �m with if�ont l t;: ocuin The certification will also eonstittFt a reeomitiendaticn sr the Architect and Owner that Y :the Contrauc+s be par'd the amount certified. _ rat- OAS The Architect's issuance of a Certificate for Payment or. in #lie case of Multiple Prime Contractors, Project Application and Certificate for "Payment, shall be based upon #hhe Lrcliitect's evaluation of the Work, the recommendation of the Construction Manager,: and information provided as part of the Application' for Payment or Project Application for Payment.:The Architect's certification will constitute a representation that, to the best of the AIA Document A232T1-- 2009 (formerly A2011F°CMa—1992). Copyright @ t992 and 2909 by The American,Institula f Architects. All rights:resgrved. Wit. WARNING, This AIA' Document is protected by U.S. copyrights aw and lnternafttenai *veaties. tlrarhorized repraO=_ECtion or distribution 6-f f ft Ale Document, or any portion of it, may result In severe civil and crkn►nal pen2ltles, and tivriE be prosecuted Ic the maximum extent posslbte j under the law. Purchasers are riot permitted to: reproduce this documentToreport copyright violations of AIA Contract Documents, e-mail The American . Institute of Architects' legal counsel, copyrightgaia.org. Architect's knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. s., a § 4 (i 1'he representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for ��x ��n�orlrta�ce with the Contract Documents upon�ubStaritial Completion, to results of subsequent tests -and ' �� tt� ciioris, to correction of minor deviations from the Contract Documents nor to eom letton: anCl a s ecific qualifications expressed by the Construction IVlanager or Architect. _ _ ' The issuance of a separate Certificate for Payment or a Project Certificate -for Payment will not be.a representation thatthe Construction Manager or Architect has (I) made exhatisttu or continuous on -site inspections beck the quality or cat ntity of the Work; (2)-.reviewed the--Contractttr construction means; methods, techniques, se uences or: ocedure �. reviewed copies of requisitions received from Subcontractorsiud iziateriai suppliers and a q pz : ) P q . Pp other data requested bte Owner to substantiate the Coatractrirs;ght to payment or (4) niade examination to ascertain hour Ior }tirpose the Contractor has used money previously paid on account of the -,Contract Sum § 9.1Itnstr aer or Architect may withhold a Certifcate for Payment or Project Certificate for a r milt of a ,t e �e�ttent reasonably necessary to protect the Owner, if in the Constrtction Mania r Ar hr tx s o ai tn'tation . to the Owner required by Section 9.4.4 and 9.4.5 cannot be grade 1f the, to1foa 1.. c � ct is unable to certify payment in the amount of the Appli«✓ation, the Co s. ct on Ivlanagel willib�y `tor and Owner as provided in Section l grid 9.4.3. 'If.theContraator; Construction M i ; anti ite 3 `ptae pe on a revised amount, the ALphttect wrllpromptly issue a Certificate for Payment oraa�ojecitfireaWt for the amount for which°thelrchitectis able to�make.such. reresezitations to thie F :� T Constrii�t� h M or Architect may also wr<t%haId a Certificate for Payment or, because of a `subsequent discnVet_ a or subsequent observ;tff s, may nullify the whole or a part ofa•Ceftificat for f' zoxtt.or Pv0€,Ie,C or Paynoent.prm.eugps issued, to such extent as may be recess y y ary m ti>e:Cons40Aion Mari g i s of Archi t 5pi iia •.to proteut.tlic: Owner from loss for which the Contractor is respons le, iticloding ¢foss s3 t7� ro trt erZ.a s aRcl onn "Ascribed in Section 3.3.2 because of f def ve Work n?ot remedied; r } .2 third.pari filed or reasonable evidence indicating probable. 44#j xafsuch claims unless security accep i;3 to the Owner is provided by the Contractor; 3 fatIutt of 1t ,E.vntractor to make payments properly to Subcontractors or for labor, materials or =.� .4 reas6AA .evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5. dairiage401the Owner or a separate contractor; r�asote<evidence that the Work will not be completed within the Contract Time, and that -the unpaid _0leuou14-knot be adequate to cover actual or liquidated damages for the anticipated delay; or ,t repeated failure to carry out the Work in accordance with the Contract Documents. 5 2:Wien _thebovexeasons for withholding certification are removed, certification will be made for amounts pr v oti'aly wIiffili d. § 9.63 If the.. itect or Construction Manager withholds certification for payment under Section 9.5.1,. the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment.,for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by jgint.4eck, the Owner shall notify the Architect and the Construction Manager and both will reflect such pyinant on the next Certificate for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issuerl`a�ificate for Payment or Project Certificate for PayWnt, wOwner shall make payittept m'fhe manner _:and vd i the time provided in the Contract Documents, and shall- notify the Constrt tchsiager ail Ahitect. �x § 9.6.2 The tt JfttrWoAhall pay each Subcontractor, no later than seven dg a� er-receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages aetuilly retained from, payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor; require each Subcontractor to make payments to Sub-subcontra4,tors in a similar manner. AIA Document A232"" — 2009 (formerly A2011CMa—1992). Copyright O 1992 and 2009 by The American institute of Architects. All.rights reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright Law and Internatiorial'rreeties- Llnauthorited reproduction or distribution of this Z7 AEA : Document, or any portion of It, may result In severe clitii and crimimdi penalties, and VAR 150.prosecuted to the maximum dkteht possible under tht' law. Purchasers are not permitted to reproduce this document To report copyright violations OAK Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 6. 9.6.3 The Construction Mang qr'wv-JR100upst". ish to a Subcontractor, if practicable,'infbimatiou 'egar K1b o- . W2 1k f�rbyth Gorilla: ges of completion or Amoo AP0.�d�on..takpnthpreon�byftOvffl r; percenta, applied C- Construction Manager and Arc6ite6i o'naccaunt. of portions of fh6 Wotk.done by such Subcontraddr. fr i' di Owner has the right to re uesfi vacltten ,evidence, frb4i-tl*:Cofitt"aotij.'r,-.-,that,,the-C-,i4Un-tor las p -,,op.-- y'-,pai - �16a Mors acid material and eapiplrieilt Qvuier ioijle, 6. -.0iiti tie,d �am. V. e h d 4', rN... -f h :'0W-ffensfi9lJiavqT pai& ifl" rft. 0wna - co -of c to the payment oknionqy to a-Sub_cd for except as may F. ise be requirqO�bylaw. or AWL Dde a-mamer'similw10 xhal' -4 ctions , ..6; A C , ' to ertt, a pro tK s; pit, � art t pir ntar oa ccupanG f to roles t y = _Der sha ton. acceptance of Worknotin aceo dance with the 1*"t Documents. ';QhtraaS En* R "e, 11 Pen .9f*q-,4C u w.ner _wj h, 40 P _t.J13 Lo cto &T-N-Vark pi Ay-p Ewe U i sWd�-L$s Pboth wqup�� L & OwEw 4y e:-N b th, t any 4ocopW hat q6at -;_..,t the Uotmbtuf fik, aa'&6st or.AaIl,imfifie any -person oroaf-a'--10' ti C 9t tier Coatrii4txL for iremcnts' is Proyision- E4 hl#eet do nit s ue a Certl eat aylrzent. or. a Pr9ject Certificate, pa mean, 1W days Mamgoeszeceipt-d_ Cti-le antrabtqt-"$ LV.. GAV1W.. 6.es riot -pay t ectfiNW&d by binding ne-.0oritract Time shqP e Contractor's reasonable costs. ,tali yap, plus interest as provided for in the'Contraet�ocuments. is the, stage in the prog rpss -.6f%jhe;,Wor-k when: the Work or desigpat6d portion thereof- is ance with the Contract J)ocument . s so the Owner can occupy or utilize the Work for its Victor considers thattlie.Work, or aportion thereof which -the Owner; agrees to accept -separaft ly'. Stk, the Contractor shall notify the Construction Manager, and the Contractor and Construction prepare and submit to the Architect a comprehensive list of items to be completed or corrected Failure to include an item on such list does not alter the responsibility of the Contractor t6 tocordance with the Contract DozumenL& 9.8,3 Upon receipt of the list; the Architect, assistcd,W'.h stMco,.on ManagermilLmake an inspection to detennine whether the Work or designatedportiorffimieG -is.sub stantialtypompleteIf the Architect*s inspgOOtr . discloses any item whether or not included an &e list, which is not sufficiently complete in accorda ' -a requirements of the Contract'Documemitk- Owner :can occupy or utilizt the Work or desatecportiozl thereof for 4qQ intended use, the before issuance of the 'Certificate ofSubst-antiQ.. % -0j". 4 A&I. 66�t such iftupft atioift by -the -.Architect. In such case the.ContpetorA4 -dien subq ift a :1 etPat Par .tfiA,er Inspee'lon, y %e Architect, a§sisted.by dA ine-Substantial. the Construction ManA :toXa t 41. 5.8.4 When the Architect, assisted by the Construction.Manager, determliles Work or designated poniort: thereof is substantiallycompletej the Construction Mana-,erwill preparis;and-ft.Cpps#uction Manager and Architect shall execute a -Certificate of Substantial Completion tatqhall -establish the datc� of establish responsibilities of the Owner and Contractor for security, maintenance, heat utilities, damage to the Work AIA Document A2327" -2009 {former Ly.A20.17".CNIa:- 19921_ Copyright 01992. and 2t)EI9 by Th6 Amedcan Institute of Architects :Al! fightsnre IMIL WARNING: This Ale Docunwrit is ptiateclt" by-U.S. CopyrigWtLaw and Ini'arnallonal Treaties. -Unaut'norized reproduction or die.thbutidn o0h. Ale Document, or any portion of it, may result in severe qi3011 and criminal penalties, and WII[ lye prosec&ted to the maxlrritim extentpossi4le under the few. Purdhasers are . not permittedtorep6Dduca this dodument-To report copyright violations of.AlA Contrail Documents, e-mail The Af neoqan Institute of Architects' legal aDun&ei, oapyn'ght@aia.org- and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying.the. Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. ti§�9; e Certificate of Substantial Completion shall be:submiued to the Owner. and Contractor fortheir written :; u Facceptanc of responsibilities assigned #o them. in such Certificate.. Upon such acceptance and consent ;of surety, rf . . , � he caner shall nrrake .payrrrent o retaiiiage.applying to such Woxk or designated portion . hd & Such .payinent shall be adjusted for Work chat is incoinpletecornot in accordance with the requirements. oftiaeintract Documents:' 3 try 9 9 Partial Occupancy or Use b � Y 9.9:1 The Owner may occu or use an completed or partially comp leted ortron of the Work at an stage when Y pY Y P P Y P P_ Y g such. ortion is :desi p gpatl y separateagreeinent.wrth the Contractor, prc vlded such oc+�upattcy.or.use,is.cflnseiitW lip - c °by the insure' required under Section 113. L S and- authorized by publ cFauthor ties havimg jurisdictioti.over the Project Suchiai#ial ocou#arcy or use may commence whetlrcr�frot the portion .is sub5knEialiy complete, providedi .he:Owuer and Contractor have accepted in writing the responsifiilities assigned to .each of their forp� ments, feitnage if hy, sectittty, maintenance, heat, utilities, damage to the Work and insurance,.ariii have agreed. in writing a R.tirerntng leeno for correction of the<Work and commencement of warranties required -by -the Contract 4Wnent�,lxe`iip.►ntt r considers a portion substantially.complete, the Contractor and Construction �tEariager sl�aorepa1 submit a list to the Architect as provided under Section A $ 2 ,:Consent of the �iittp ayctot par a scup Ica br use shall not be unreasonably withheld. The stage of the progress of the Work shall; `I:7� dGtG'rml A g� _ed l tte re ent between'the Owner and .Contractor oK e f no -agreement is cached; by dei?lsiori o ;the Arolmitect ,`�e�onitaltr with the Construction Manager. gip. y # :' 9 2 �Tmrlt�etiiately}qca sucl artial occupancy or.use; the O cvnei, Construction Manager, Contractor and . l `Architect shall Jotntly'spea'"urea to be occupied o_r pof t' on"of the Work to be -used in order'to deted mi a an4 record the con dtti of thV V-' 3. Llirless othewise agtreed upon,arttal occupancy or use of a portion or portions of the Worksl not constitute 'acceptapee of -orkc not eomplyttig vt"'requirements of the Contract Documents. § 9 U Anal Com 6ijori and piii Payment § l pal coW Al." 1f the Work, the Contractor shall forward to the Constr rctton- anger a written notice:tliat the Work is ready frig final inspection and acceptance and shall also forward to the Construction Manager:a final 'Contractor's .4pplir tiozl #oi . aymerit Upon receipt, the Construction Manager will evaluate the completion: of Work ;ofthe Contraetor and;thoii forward the notice and Application, with the' Construction Manager's recommendations, to the Architect who ivitl`promptly make such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate-f aymentbr Project Certificate for Payment stating that to the best of their knowledge, information and belief, arid:on-the basis of their on -site visits and inspections, time Work has been completed in accordance with :terms a r.4.'C'orrditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the,isl -Certificate is due and payable. The. Construction Manager's and Architect's final Certificate for Payment . or project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as "_ :pzeoOO to the Contractor's being entitled. to final payment have been -fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect th x t Co ._ - �„ oag�� the vu5uucuvmti i+x`auagcr �j j prat axudavii that payrolls, biiis.for materials and equipment, and other indebtedness connected with the Work for which the Owner or the. Owner's property might be responsible or encumbered (less amounts withheld by Owner) hake been paid or otherwise satisfied, (2) a certificate evide'nczng hat insurance required by the Conttaet.Documertts #o remain in force after feral payment is currently in effort drat 11 not be canceled or allowed to expire until at 1&fail "Hays' prior written notice has been given to the O era; (3 a written -._ _ .. statement that the Contractor knowtt v hAubstantial reason that the insurance will not be renewaUe- o cover the. s- per od ired-! Y. the Contraef-45 (4) consent of surety, if any, to final paymentrequired by the . Ovs nt r;Aiher dat :establishing; payment or satisfaction of obligations, such as receipts, bases and.waivers of liens, claims, security: terests Ara encumbrances arising out of the Contract, to the extent aid fir such formas maybe ;; ciesigriatetl by#{twncr, If a Subcontractor refuses to furnish a release oramer required by the Owner, -the Contractor may furnish a bond satisfactory to the Owner to indemnify. the Owner against such lien: If'such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay. in discharging such lien, including all costs .mrrd reasonable.attorneys' fees. AIA Document AMTm — 2009 (formerly A201 TMCMa--19921..Copyright @ 1992 and 2009 by'Tfie American Institute of Architects: All rights reserved. Init. 'WARNING: This Al a Document.is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AEA Document, orany portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lavr. purchasers are not permitted to reproduce this document. To report copyright violations of AlA Contract Documents, email The Americao Institute of Architects' legal counsel, copyright@ata.org. § 9.41f:s 1t; after Slibstatitial ompietion of-ffi Work, final completion theteoi is at ally deTaVec1 #llrou h nQ fault f ;. the .C•ontractor or by issuance of Change Car' nrs affectiak final co ilr etron .. d 3 'Constructton Iv ar agEr.: arid:' - Architect so confirm, the Owner`shall, upo>Uppllcatttsitlry'the Contractor 'and celrtilcation by the Constrtyctlon Manager and Architect, and without tee m>natlu xii Coniraet, maki pay�t �i£te balance due for ihSt portion of the x , cvrnpleted and accepted _ lftliyTenoalnin b�rla ee for i rorxc f ly cpmpleCed or co ret ed is less a � t pu3ateddii the Contract I?oculrrt i It f odds have be-enful shed; the wren r ollsellY of © �. a- e ice` the balance dlie for that bn draw orb fu` . 6ei'. ted did 00ep e.. shad b��ti�litttted by�ho - � Contractor to the Architect throui.thearttrtttcign lviarpnor to notticatiot of sueyr?rti1 payu�nt Ial1t ,rliade trader term and contttons aaverrlil filial gaytloent; eeept.tiaC�t siradzot c�nstttti a waver of 064The Dag . of '1 gays tj�t �11riilt .aiaivec bila�%�itter cepto as T r 1clltr orecibran atin --that►and ietited '` 2 lure ork #d eotxtpl th1W regtt yenta r at octt i�, v r a(�var t t utt d a $e Cortirfib i is l . entye?rrntraetor, a''ttbeoetoWwd-Wiftstrptr`atlontttut -prow 04 wnt td rd�a f" b tl �ta3 e as � settled t , n. _ ONSAN DOW lip ns for stutltatr, matn#aining andtn�ali safety plrecautiisixs alyd proars lri S. `� - zoo f theii�;Contrtctollll si `':Contra-s safety prkC1ra coo�tan�vliy:pso�rtafQtlter�oiitra�cton` o as nnstbtii: snz reur dad ccrdivatir�t of safes programs snali not oxntl tc� `try "ver0 -Aged orolvisst+�flie Conizactors; Strbconlctors; asen.:Qr empoyeesnfe Y is oil p- an' oflter r rformmg ortiuns bFA Work and riot direr ezn Ta ed tl '' r4° bp. h to Peisrr" � roperly on` 1. taiee rea.—Ion le ea , tions for safety of, and Fr Od reasonable protection �to .. e��attiage,it1�+ orfio r �e Work aT,d Qiher person who nra:be acte tltt>rcb; "Al w ' 2 ,,., - :materials and ecprip Wt to be_�corporated:t>zea�tn; whethte�r .ih storage on.or of t e site, - miff` ^3 under e; custody or com a a# tl> mitractoror fFr, btzt cto�r itlicontraciors .orSub- q i t? t the sit. ar g ljace t;theteto, such as trees; shrubsArul?s -jawns, walks,. pavements, roacl nays, _ � `t ks an uttiities notde`slgnated:for removal, relot,460n eplacement 3n the course of Construction; and y.S < rk'V. N rrnsttyon or operations .bythe ©fir or other Cpntraciors 4,.. i 0= The Contractor shall comply w l �d ve, notices mgtiired by.oplicalsle .laws, statutes; ordinar ces, COes,. raUand rem tions and iawful orders of pi 'blie authorities s bearing on safety of pesons or property or their x• pr© icn front damage, injury or.loss K ' 44 2.3 The Contractor shall erect and Waintam, as recllttred by existing coaditioins' and performance ofthe C.ontract, t reasonable safeguards for safety, and grotectionIluD postiiib dangt«r: signs'd other vvarnils a�a>nsta; < ,. txlulaating safety regulations and note ng pwlie and users of ad acent motes• and rttilities § 10 2.4 When ►rse or storage of exfalosrves or otlxeir hazardous materials ot. egxriptri nt or untisdai rxlet mds at'e �„ rlecai l c'wrtion of theqNV Cbintractoi shall exereise:tmot roared carryi suclr ao� vibes ruder 1tto4prorly qualFed prsonnel:. - l;y .R• S- _ - C 91a ctor shall promptly r.emp damaxe`and lossY4fltlrer �a�t �a age :or loss insured undeie prolse�ty s ��.rs..-"psi'. �:r+ :'i^ Insurance regtl1A by the Contract Doctunents) xri_pi`-qperty referred to fii -fiot s• 10.2.1.2, 10:2.1 3 and-ltl l 4 caused in whole or in part by the Contractor, a *ontractor, a Sub wbicoptractor, or anyone directly t>r-drirealy employed by any of them, or by anyone for wliose acts'they maybe habc and for which the Contractor is<re aslble under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions oftbe-Owner, fait. AiA DocumentA232i°" —2009 (formerly'A207 TmCMa �, 1992)-C-bpy.right®1992 and ?Opa'6y lTTk&rican. institute ctf;4ri��5ie�s tliAetPlING: This Ale Oocument Is protected by U.S. Cop} right Law and Intemati 7�aeatres: t;t)a.ft_h6r]; ed reproduego .a- tlsVJ16irfion bi this AIA� ,'3acumen't; or any portion of it, rimy resuh- In severe civil and dardinal penalties; ar:ti.will-be prosecute-d to the�mmdrnurn a stt passiblo t under the law. Purchasers are not permitted to reproduce this d_oeument. To report copyright violations of. AfACoritract Dowm?nts. e-mail The.:Arn)eiican institute of Architects' legal counsel, copyright@aia.org. Construction Manager or Architect or anyone directly or indirectly employed by any of:tlt rn, or by anyone for whose acts any of them may be liable, and not attributable to,the fault or -negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's, obligations under Section 118. "` � ; . " § �10,2 C'�'he Contractor shall designate a responsible member of the Contractor's organization at the .site whose duty..: .� =� � �:�a�h21{laeze prevention of accidents. This person shall be_the CQntraetor's superintendent -unless otherwise ilesignatei3: ,, � f.� by tl�e 4�ritractor in writing to�'the Owner, Construction Manager and Architect. _ ``'mac'' ¢' t�[r'phe Contractor shall not permit any part of the construction or site to be loaded sQ as to�eause damage or. +xead. art unsafe condition. f j rY D 2.81n u r �. _ amag 6 Person or. Property #her ers or dania a to ktyy p - g person nor: property hec,sflfau act or onussion nl`#he-other Party; or of ,rsfor w e acts 3' "is legally responsible,.writE -66M f such injury ordatnage; whether or not: ' f ed, s x ive�i ,, e other party within a.reasonable nQt exceeding 21 days a#terdiscovery. The not�ee 5 ' prov ci r l to.,enable 'the other party to inueStigate the matter,. 0nArt1��5 rdigEt��: ,0 ;3 95� onb�a�ot Qr xs 4 � 'Z sable for compliance with an + regnireinents included in the; C.ontr aet:Docuure s rdp ate t #he,Contractor encounters'a hazardous material or substance 'not nddress�d. in.the oil a t _�bcutnertts and 6nahle precautions will be inadequate to prevent foreseepLble-.bodii3+ injury:or death'to. . pero�y,sulmsan or substance, including -but -no# limltedto, asbestos or=polyclilarinateii biphenyl (C },eircou � c �te'b e -Contractor, the Contraactor sh in recognizing.the conidition, irnrnediately stop�oriC 3zle acre import the condition to:tlreiier, Construction Manager and Architect in writing. Etp h re �� E#te� ctor's wrttten nonce, the Owner shall obtain:the serviees.of:a licensed lab9raipq�. o, prese '01, b t, e.matertal_or substanee. reported by the Contractor and, i!n the event suchrnaterial or r iS lltttd � , eni io cause It to 'be rendered harmies5_ Unless otherwise required by thc C htract �4 e e � sl} itt tang to the Contracts r, :Construction Manager and �4rcl it ci the nannies and 7ps aftbns -ones vvlio are to perform tests-veirifying the presenoe or al?sett snob material or s the task of removal or safe containment of such mateial to substance. The Manager and the Architect will promptly reply to the' -wner'1n writing stating whether or ,le objection to the person or entities, proposedb ;ffieDwner_ If Contractor, iitecthas an objection to a.person or entity proposed by the Owner,,t#ze Owner shall . Contractor, the Construction Manager and the Architect have no reasonable objection. ce has been -rendered harmless, Work in the, affected area shall resumed upon written Contractor_ By Change Order, -the Contrast Time shall be.extended appropriately and the �td in the amount of the.Contractor's reasonable additional costs of shut=down, delay,and a�0.3 3 fo,the firlXest d06 ent permitted by law, the Owner shall.indemnif} and hold harmless 'the Contractor, _ ubcontractor%, Cons, ction Manager, Architect, their consultants, and agents and employees of any of them from against claims, damages, Iosses and expenses, including butiot limited to attorneys' fees, arising out of or resulting from,performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3-1 and has not been rendered harmless, provided that such clam } darnage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injuryto or destruction of k ;t :°:tan ible roe other than the W.ork.itsel exec t t.or- o e tent that such damage, loss or expense is not due to the. � . �' � � ,. g property rh' { �� P W g ' Pe � , fault or negligence of the party seeking indemnity:. _ ,.R .. iW § 10.3A The Owner shall not be responsib &under this Section 1.0.3 for materials. or substances the fonttac'tor brings to the site unless., such materials %Abisianbes are required by the Contrast Documents. The Oyez s#ralI be port materials or substai�s required by the Contract Documents, except to the eitent=of the. Contractor's s ftx ghgeiice in the-�ls& handling of such materials or substances. '1) ire Contractoz shall indemnify the Owner for the cost and expenrie the OrVner incurs {1} for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are -due to the Owner's fault or negligence. AIA Document A232'" - 2009 (formerly A201TMCMa—1992). Copyright 81992 and 2009 by The American Institute of Architects All -rights reserved. snit. WARNING: This Ate Document is protected by U.S. Copyright Law and international Treaties. unauthorized reproduction or distributionof this AiA® Document, or any portion of It, may result in severe civil and cri#ninai. penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright.vioiatioi s of AIA Contract Documents, email The American Institute of Architects' legal counsel, copyright@aia.org. 31 § 10,3.6 If; without negligence oft the pant of the Contractorr. the Contractor is held fidble. by a goveininent agency; for the cost of remediation af;3 hazardous material o�r`stihstci✓oleIy by reason ofperfoiaa uIb W.orT` as requiredy die Contract Documents, the O�v ter sli li4ndetunify the Cbhtkae;O fo�-all cost and•expense thereby= t curfe2l. E �� r��r e cy affecting safe `ofpersonsc�rpTb S'erty, the Gonfrai, aa; of the Co.tcactor}s des �t re#io , fd >- -. eatened damage, inlury:er loss ddi#anal o�npensat oh br $xtension of thne clairnetl h he oi�%ac o ore = ` _ account of a1i emArgency shall be c etermined :as provided in Article l a and Mtirle 7 - - G 11 INSURANGE AND 8t3NDS i 1 , Contractor's Liabl Insuraltee ; 41.1 The "Contractor purchase From wind maizitaui its a coliipanv orrtipauies�aul �i5t�ardAo do � f I _ ess in sdl n "ill- ' o ec# s" IacN Ww nsi ra as -p of t{ n elo dm clams '' Notow _ iri `_0ut cr re lf:ftona � eri s o ticins and; d d c pe titansvnder # �. 8 Y � - :.'"�'g �: • ni�ractor% �_ e 1��lip ��„ wheih�r� op�tiniis he't fi�e�xarttzoi' o€" b��l 1 Y'4r - 1 contra r y a ' n directly or utdit cELy er�apioyed: y of nrliy at�vot : or �yh se acts" yti€ i ice" .,iXk y . is , ers do m0oisation, disabiht ben nt and: other similar e�p10 ao w Idh �ca Work to'1,pormecl 5 0ec�aiise iif�odily in �Geti a#icinafloless.or disease or.�ath o'the ' R` �r:u - "g s: vgust?' cau e f:hadix3'�J Y� sIe s rdi :;circ1eath-o any'e4soh`0_1. e= thanthe ' at 3 insuredy �isua --iftV covra 1: r dther than to the S If, because. of in to or -destran ion oftai> E Q1S$ resultirt ther "- . MR ea pe son or prop.-ry ce y; 'l� h biznt Y ania arising plzt { r [.' -`5.. _ S9A } o CLInotol velliaklaftd, .. 1 Iiry. or pxoperty damage arisiiYg nutf compiC ted opera#ros�s� tcf on6"a1 iiab ty insuranceapplicable to the Coxit tor' b bits under lea z 1 e rn m ice rogw by5ection-1 i Ll shall be written for not legO� �tinaits oIhab�a� specified in the ' law, whichever"covers a is es; whether fln aYz oocrence ��d 13y' g greatoz "Camera a ac e ritained without inte ptioti"frcim the elate of commencement bf -OW Work Until the :r of final a �� termtnatiotr of anti coverage required to .be maintained after final payme and,> tlt respect . I C Y ., �e: i t ' k eted operatioas ooverage, until the expiration of the period for correcfiaoii of Work or for au rtl oc1 c asnte ante of completed pleted operations covers e as -spewfied in the Contract-l�ocui66hts. r 1 -Y, . icates of insurance acceptable to theOwner shall be submitted to the Construction Manager for V �' the v o k wi a copX to the llr itect prior to corrinrencezizient of fhe "Work and thereafter upon kenewal aceme0 of 'Required "policy ofinsurmce- TIA,se catifinates and°the insurance policies -required by dais shall contain a provision that coverages afforded under the polacies will not be canceled orto expire until a� ast 30 days.' prior written-tiotiC� has been given to 'the 4zuner. An additional certificate evidenciiig x corst ktuation of liability coverage,. including coverage for eornpleted operations; shall be sub ittie with the final 4* `._App'1i�ation for Payment as required:by; Section 9.10.2 sand tbeteafter upon renewal or reptucornent of such. coverage k tii the expiration of the time required bar Section"1-1 ,i .2- i ortriatiori :concerning reduction of:eoverage shall tie.. " ! r :wished by the Contractor with 'reasona le protriptiie i _ " 11.1 A The Contractor shall. cause a the ercial liability coverage required lay the Contract 1?c�umexi4s to inclnile (1) lthe Construction Manager, the oit t�rttciicin Managers consultants, the Owner, the AT -chi. eU Ad -be Arcl itect's a3'�stctionai u»uredsar elairns-cawsed in vsrhoc or in"part b+ t1 Contractor selibent ants oriissions dlaf��itor's aezatxoris; and (2) the Owner as an additional itisrrd for pail moused in whole ar in part b: r thhe b 'S �rlegl%�ent aCtS or omissions during the Contractor's -completed tipArations. 112 Owner s`Llt Hitt' insurance § 11.2.1 The Owner shall be responsible for purchasing and- maintaining the Owner's usual liability insurance. AIA Docurhent A232' — 2009 (formerly A2QV7A0Mp"--1992): Copyright OIS62' and 20J39 byThe American Instate of ATchifects-AII rights reserved.. In;t WARNING: This AW Docu-rent is pratecfed by q g6pyright Lava antlntomationatTte oes. unauthorized rsprod"etion ee, u`ts2Ctiz iott of -this 32 AW Eloeument, or any portion of it, ma} ult-in eevesn civil and c4 mlinat penaJtiess and YAU.bc pro.acuted tm The maximum extent possible. under the IzK!. purchasers are not permitted taprodaoethis document. To repoR copyright viblatians.of AIA Contract Documents, a tnaii The American' Inal:F..+c of 6rrniforf�' far,al rn.+�1 rrvvrinhi rl�i aia nm - - ' § 11.3 Property Insurance § 11.3.1 Unless otherwise provided; the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located;. property insurance written on a builder's risk "all rise' or equivalent policy form in the amount ofthe initial Contract Sum, plus value of:subsequent Coutrkt 3 modiflca€ions and cost of trlateiials supplied or installed by others; comprising total value for the entire Project 'at.the - . ' sl!e on a replacement cost.basis without optional deductibles: Such propertyinsurance shall be maintained,,unl"ss p 5 � e ris provided in the Contract Documents.or otherwise agreed in writing by all persons and tti ies:wIt are v oeneficiaries of such insurance, until final payment has been made as provided itfSection;9 111pz it no pers6ii or #Y�iiier than the Owner has an insurable interest in the property required -by thisAecon.11.3 to be covered, w �t~ver is later. This insurance shall include interests of the Owner; :the Contraoiai subcontractors and Sub-: subcontractors in the Project. Prq ty insure shall be onpn `..`all-risk" or-equivalent,polid foram and shall:include, without limitatij)CL . r iirance ag the @i�aof fire j(w:th oitended cavb#rgo) and physical loss or °damage including; without y't Dili ilication i �rag ," vandalism, t licious rri schie6c8llapse, eatthquaike< flood, windstorm, falsework, F r r tostlng and #xrtp, to bti ldings•and debris reriaot+al -including demolition occasioned by enforcement° of arty: 3' icablc le r am ` �,. . app eq � its rd shall -cover reasgnable,compensation far the-Arolutect's, Contractor's, and fl?strueiit3h ana e and expenses iequirecl s result oisuch irisuz d loss. 1r13`41- �Td � .Y tend to purchase such property insurance required bytbe .Contract and with: all of tllie s Bribed above, the, Owner shall so inform the Contractor iv writing prior to cor�[+t rX ei�n i he;� ie Contractor may then -effect insurance110--will protect the interests of the Contractor; S 6iid6ct� l S - b ont ietors in the Work, and by appTopnate Change, Order lire cost thereof shall be I ge l to- t e w4t . f ?31e Go iK# ctor is damaged by the.failtir- or neglect of the Owner to purchase Or maintain , Siiraiice t sc a1+ove, �w out so- notifying the Csanl ear all reas raetor in writing, tiae�a Elie }wrier shall btart bie vu.09 prop Y a r�table f 11�3.1.3 thir prope#7yins urance requiresJetduetibles; the Owner shall pay casts not -covered because afsuch 'deductibles. e shall cover portions of the Work stored off the site 4, also portions of the Workin § .3' lsartial �iphncYof use in accordance with Section 9.9 shall not c:5m:mence until the insurance companyor tpdriies ptpropei�ty insurance -have consented to such partial occupancy or use by endorsement or otiiierwise The: Ovwrierand the Contractor shall take reasonable steps to obtain consent of the insurance company or '-bd�ipah%e9arr�d":chalk without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 113.2 Boiler and Machinery Insurance, The Owner shall purchase and maintain boiler and machinery insurance -Aquired by theVontract Documents or by law, which shall specifically cover such insured objects during installation - and .until final adeept4fite by the Owner; this insurance shall include interests of the Owner, Construction Manager,. 'Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. 1 11.3.3 loss of Use Insurance. The Owner, at the Owner's_. option, may purchase and maintain such insurance as will insure the Owner against Ioss of use of the Owner'sular0"kr ' due to fire or other hazards, however caused. The Owner Waives all rights of action against the Contractor foi lbof use of the Owner's property, including conseque490;s;. -**s due to fire or other hazards however c ed = § 11.3.4 if the Contractor requests. in wt0g that insurance for risks other than those described herein or other special causes of loss beaxiciuded in the property insurance poliey, the Owner shall, if possiblexlude such insurance, and the cpst t�aezeof sljall be chargri io the Contractor by appropriate Change Order = §11A.5 If during the Project construction. period the Owner insures propeo.'1=0s, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Init. AIA Document A232T —2009 (formerly -A: 0()J-CMa--1992}_ Copyright-01-992 and 2009 by The American Institute of Architects. Att rights reserved. WARNING- This AIADocument is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution "of thi AIA' Documentor any portion of it, may result in severe clAl.and criminal penalties, and will be prosecuted to the maximum extant possible s 33 under the taw. Purchasers are' not permitted to reproduce this document To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Section l l 3.7 for damages caused by fire or other causes of loss covered by #his seprate'property. insurance :ill separate policies -shall provide 'this waiver of subrogataou by. etzdozsezner►f. onothe.rwtso. § 11.3.6 Before an exposure to ,loss may occur th e: Ownerlall with the CoutctorApxr each policy that �3i1 tip . surance.eoverages required bv.dais Section 113.ach policy shall cootaanallenexullyapplicable , c i � i defirzi#ioa s, exclusions aiid: eiaciozs ntemts relate for .1'raJect_ acla:pohcy shah eo*ip a provasaon th -_' - Y ti will aaot'be canceled or allowed to expire';:and tliiat ats.Iimits.:wiil:not be educed;: unt l a least 30 day '-p or ; ' . wrt�en notice has:been.�ivenlo fhe';GAdlraetor, . - -. . Wailers of Subroga.W TheOwn a d -,_Contrap* ivwvve ill r ts•ag ch ati ►d any of their "to� yeeachofhe nsioiactors, sub-aub gents, andemPteion Manager.: .' ite. t, Ar�itect's ultau#s, separate contractors desed ui i £�, if any, and of their subcontractors, ubeo .: rs, a derlaplo}tees, for dataia� �+ yes eapsed b ftzeor 4er0 rFI •tothe-e- erit covered erty ins ol urszt iiitto:tlais Section_LI 3 air* ty. ansttrago!e i, W.,P. theWW'arl*e epl ,rights , O . Con�ractoz-may lfave.io thepr H of su*✓h irtsnrab he�clkt l e Cflwner as tdu wn n approp4de, shall �regpire of tl Cori tiustion Cons} con l�lata ger's � l tt ' � t s e�sulta�, O- wz►er-s.sepaza�te eontxactors desc�ri'l�e��, A�`�t�le �, sf artv,.and 3 n y a n a eonM and e .. "loves cif of them; b . a ro ate � etnentc, vsrTitlen vs re -� �p `� ; Y 1�P p� 1 ,ly f `'' f tar waivers each in favor of other parties enneratet here Tine: policies, shall �h r FA viva l on'oy. endorsetneat or othertuase A waiver of sul xo atrort shall bP effe ave as_:tcs a "' its person of entity would v e�3vtse ;laa � a -duty o€indoanrui nn, contactual;or �. oa'a ce,premivap directly or pdrrrectly, alether or not tie person or entity had am agpd. - u ARM r; �d wner's property insuxarae nl>ail.be adlusxed by ihe� as idueiary and made , F ��. -interests; an ... s ect to ire rtrrAents of _. _ e s . for the insureds t i� may appear,. u} . , ' ' _ _--_ . f lie mo�aet of section 1 l3 I4 I`Iie Contactor shall pay �ubcontrac#ors Their dust sasf ttisur - zo d Contract >, n b a ro rig#e agreements, writt v haze 1 al1 re utred foz �vaI# reae,;�oit�tvrs try �e payinents to their Jub-subcontractursan similar Fnaranr .. treda� by a party in interest, the Ov(rrter as fiduciary shall, u tt ence of.an .irtsured:loss, feve r`prd `r �rrraance of the Owner's duties. The cost of required bends shhli be charged against proeee�Y . z Yfidtacaarji The 0 er shall deposit in a separate account.proceedg ore ivied, wltich ilia Owner shall q a Wit. � ;such. agreement as the parties, in ia�st may reach; or:as determined. in aceordaaare with , I Fthe e oc a i , s ie resolution selected in the.Ag<eement betr me the Owner and Contractor. If after.sucJt f Y` 1p no� spec �nt is made and unless the Owner -terminates the -Contract for convezuonce, replacement of da3ma cl er I Ji;F a performed by the Contractor after notification Gf a Change. in.the Work in accordance with �` 11 Owner as fiduciary shall have power to adjust.and settle a loss with insurers unless:one of the parties -in ' f antere "ct imwnting within. five days after ocewrence. f loss to the Owner's.ekercase of t3i s power; if-such x ohjecti. fl is bade, the-8ispute shall be resolved in the rr,anner selected by the Owner and Contractor as the method of . banelrg dispute resolution in the Agreement. if the Owner and Contractor have seleeted:arbitratioz► as the method: -of binding dispt3 resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance proceeds in accordance with the direction of the arbitrators. E ..� 31.4 Performance Bond and Payment Band - 1 .4.1 The Owner shall -have the'right to requkq.6 C�ntaractor to furnish bonds covering faithful performance t = . o atract and payment of obligations arisi�ag-they .,-.r as stipulated in bidding requirements or specs Cali thr d in the Contract Documents on the date ofezeetition ofthe Contract. w j , , P the equest of aaay rsori or entity appearing to .be a.potential beneficiary �1ton�is covering payment of obl•aiasisin� under fhcl~oatiact, the -Contractor shall.promptly furnish a colzystheontls'or shall authorize a pyabu ea - AIA Document A2321— 2009 (formerly A201'"'GMa-.1992): Copyright (D199Zacid 2Q09 by The American Institute,0,Ardzitects. All rights reserved. [nit ; WARNING: This At a faocun ant is protected by U.S... Copyright Law a: d tnteetnationa! Treaties, Unaui6orizad reproduction oz distriiition of this .,4 Amoocutrment, or any portion of it, may resell, in severe civil and c4minall penalties, and will be prosecuted to the maximum extent possible ! under the law. Purchasers are not perrriffad to reproduce this document. To report copyright. violations of AIA ContractDocuments, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the: Construction Manager's or Architect's request or to requirements specifically expressed in the Contract .Documents; it must; if requested in writing by either, be uncovered y e ; for -theft observation and be replaced at the Contractor's expense without change in the Contract Time. U-a portion of the Work has been covered which the Construction Manager or Arcbitectfias �n6t specifically ' regiiestecl to observe prior.to its being covered, -the -Construction Manager or, Architect may regts>'to see such Work s end i s shall be uncovered by the Contractor. If such. Work is in accordance with the Contract Documents, costs .of f i#neouerirt and replacement shall b appropriate Chan a Order be at the Owner's ex rise. If such Work is not in p Yg pe accordance with the Contract Documents, such costs .and the cost of coarectionliall be at the Contractor's expense " k � unless the condition was kaused by the Owner or one of the other Contractors whichevent the Owner shall be responsible fgipayment of such. costs. .1 ,2 Correc fbh bf Wd .' �y�1.2.1BefsrrprAftt `s`tantialCompletion The Contractor steal ,ipomptly{correct Work rejected by the Construction Manager or Architect or failing to-cenfor-m it, to the re�uiztriients o� ct Documents, whether discovered before or after Substantial Completion and � � wli+✓ther oz 5k fob t )Wed or completed. Costs of correcting such: rejected Work, including additional`usting Ltd txlspectztisx tiistverizig and replacement, and compensation for the Construction Manager's and �o A zchttect's servloes'and s z s made necessary thereby, shall .be at the _Contractor's expense. s § 12 2 3 After- Stib tarit JItriple n 5 § 12 l� i InnclditlQb o � ; tors obligations under Soctlon;3'� if, within one year after the date. of Substantial Ciamplettan, € the tir �ated portiori'thereol �ar afi%rthe date for commencement of warranties established Q eider Seetibzi 9. far b�5fan applicable specia warranty required by the Contract Documents, any. pf die' 'Work is found.. be not i -Ai3i rdance with. the uiroftnents of the Contract Documents, the Contractorsliall qoirecf . it promptly after rep rpt to 4ivl�tten notice friamibe Owner to do so unless the Owner has previously, givers rile Contrar#pr a writt*rnai$ptaia pf sitcb rrdition. The Owner shall give such notice promptlyrafler iiltsco�ery of the :condttic c0lirit heAo riod for correction of•Work, if the Owner fails to notify;the Cpfitraetor and give the -Coiitrat ar aS1 opp o ialce-the correction; the Owner waives -the rights to rcq*v-.�brrection by the Contractor and to rnae:a clairriorbreach of warranty. If the Contractor fails to correct nortcoti€brining Work within•a reasonable time din-mb,g that geriod after-roceipt of notice from the Owner or. Architect, rile Qkviier may correct it in accordance . th•S-etn 24 .5.12.2.2.2 The one-year period shall be extended with respect to portions of Work first performed after Substantial -,CompIction by thic period of time between Substantial Completion and the actual completion of that portion' ofthe :5<Work_ is :§ I2.2 :311b one-year period for correction of Work shall not be extended by corrective Work performed by the Contrac oirp urstaant to-Ahis Section 12.2. L .,--`+12.23 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner: z § 12.2.4 The Contractor shall bear the cost of correcting desttpyed or damaged construction, whether completed or ' partially completed, of the Owner or separate contractors fir. other Multiple Prime Contractors caused by the Contractor's correction or removal of Work that m-hot m accordance with the requirements of the Contract t- Documents. 12.2.5 Nothing contained in this. Se,61-412-2.shall be construed to establish a period -of limitatioh'tvtth respect to other ohl g ie Contractc}x i uAdcr the Contract Documents. Establishment of the one -!year period for ' corrects h 3fW as degcn-bell in Section 12.2.2 relates. only to the specific obli A of the Contractor to :correct the. Wtiirk, a td b14s reial �c� -h— to the time within which the obligation to comply i the Contract Do-eurrients may be sought to,be i hforced, 'nor to the time within which proceedings may be oa ffiriNmmol to establish the Contractor's ' liability wiilrrespect to the Contractor's obligations other than specificaIIyto'correetthe Work. AIA Document A232T'" — 2009 (formerly A201 T"'CMa—1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved: . Ins#. WARNING. This A19 Document is protected by U.S. Copyright Law and Internati6nal Treaties. Unauthorizod reproduction or distribution of this 3� Ate Document; or any portion of It, may result in "severe civil and criminal penalties, and will he prosecuted to the MUlmurn ekteiiI possible ] under the laver. Purchasers are not permitted to reproduce this document. To report copyright viulatlons of AIA Contract Documents, a -mail The American . institute of Architects' legal counsel, copyright@aia.org. § 12.3 Acceptance of Nonconforrning Work If the Owner prefers to accept Work that is not in accordance wiW.-& xe4utrements of the C-0 �. f 2c>curne,06 th Owner may do so instead of requiring its: removalnd -66rireetton, �� eh case bile Contract Stttri.,Wli bo;roduced as appropziate and equitable: Such adstrne shaft be effected gayment. has l�n made ; �y� �A�� MIS�ELIAN�DIISPIi011fSI01v5 . . 1,3.e Colitract slid ,b; aoverned$byevr Qf pacee tl 1'}ecrts fate er'tha#, the parties :gin � lhcted arl3itration as tare method afiaiucling dispute resol�ut�t ti, the . ,&M Arbttra#ian act $hall,goi�errt 2 Sucwssors and ns � �.1 The fter and tractor respectively bind ttib elves, pattners slx �ssc s; asst and l a sentatiV Co agreements and obligations pontaln��r tb� t✓ar efDocun eats EXc�t as_�r�ul? � on 1 s '- Contract assign ewhotl he �Ad asa whdeut Md l e># # v , Sher p V ifm raze such arr asslrien# :wx#nonf sucb �caeratj at pp�c 4au1 ley ' . nsib� deK•theCoitract "` -A-001.wn sent, the ty td'actox ass n l� tr to a Ie et pro i ing eanstroerr antJrh _ dex asstgaries e owner' ntblsot itder teou#ret D�cunnemt- % o�ri al ut dents z awnabl tred-taTae lttat ch ez t -r. d aye'oeen dull+ wrvW dolxvere persair # #die utdlvidtral, a member corporation for, yvhtch landed; .or of deliuerd at or sent by rogistf{rrl:q� ; r aed o �b rt roviding proafwf-d rw to- lam busrttess.acfdres� no vn to the part + t'v -016bcea ;tF dr� � r to aft. i -by the AC9ntract Doeul eo4.and tight at to.- ned e .a aa�able th rellnd�r hail 5e 4W Z crr�ltto tv a�ltation of duties, ablailansfights and�rexiiiltes otherae imposed or available bj� lam.. 4 - "� action r ail Act by the Owner..Construct oh Manager, A�rchtte =ar Contractor' shall conotitute a �p + x 5 water bra right oa ed them under the Contract, nor shall such acln or failure to act constitute approval .of. ragiiteseenre rta a0141hereunder, except as may be specifically agreed in writing. ` � tosia approvals of portions othe Work .1 shall be made as required by the Contract .Docu a ts, ' anri by.appikiV , statufes, ordinances, codes, rules and regulations or lawful.orders of public authorities_ Unless z othervtdse r ded, the Contractor shall make armngernents:.for such tests,.inspecaaorts. and approvals with an b ', indepeudet s laboratory or entity acceptable to the Owner, or with the appropriate: public authority, atld:sh.all -_ � � � `�-;mar ail related costs cif tests, inspections and approvals_ The Contractor shall dive tl�e Construction Manager.and � Arclxtect timely notice of when and whew. tests arld :inspections are to Abe -made sn •that the Conistraictioi lyfana and • `� Architect rna�ie present for such procedures. Tlie Owner shall bear costs cil'' ()::t; ins�e.#aiotis oX approvals:.:il�at:.do . not. laacorne requirements until after bids are received or negotiations :concluded, and (2} tests, inspections or approvals where building codes or applicable laws or rW,latiortpprof €bat thd.Owner from delegatingtheir cost to the. ontractor. _ 3.5.2 If the Construction Manager, Archit or public autborities having jurisdiction deternie ilta_t portions of the Work require addiiionalteshn speetiPR oz Approval not included under Sectioa � ... tie Construction Manager and Arcb>tvi upon wiatten .authori7a£ioh freer the Osrne�, instzuci the _Coutctof tbnae A - r angewento uch aaaineriai. tesan5, inspecti©rt or approval ley. ail. erztrty-acceptahie:.to the _V WU-,1, and the ;�oa�tr�,G�or sh uc #mew 1l�ptiCC Lo' the �oils�lctiorr 1Vlana�er and' ArehitEct of �laen..-where test. aid ... sp otiorts ark made so that the Constrt3c�ion Afianager and Arci3lit t nza present f6r such pro jc�eciuKes: S_ ych 'cosh-c�, as' pvid�'d in Section 13.�.s; shalibc..at the�:T�vl�ner's expens,.f� § 13.5.3 If such procedures for testing, inspection or.approval under Sections l 3.5.1 and 13:5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary AEA Document A232111— 2009 (formerly A201 T"Wa — 1992) Zopyright 01992 and 2009 byThe Amer can Institute of Archltects. All nghm, reservers. • Init VVARNINIG: Tbis AIA i)ocumrt is •protocted by li.S.�apy dg4lt Low arise lntermitiopal T�rcalr�-S tinauthor-`�zesi rspE vauetian:9r sGs ubulian o€:l cis . AW 139curnent, or any portion of it, r,say ret;ult-in Severe 4iVit arsd cein rral l enaltiea,: and tisiEI 1�e prvseeutad to tie? maximurn extant @oS,zil jP 36 under the Iavf, Purchasers are not permitted to reproduce this dodymerit To report copyright violations of:AlA Contract Documents,,, a-m3i1. The Arnericari r_�nr..„ ..e e...e.;ye..r� 7aeaa) wumml rnnvrirrhtlnlaia nm .. .. . by such failure including those of repeated procedures and compensation.for the Construction Manager's and Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required.by the Contract )e secured by the Contractor and promptly delivered to the Construction Manager for transi nittal to .the Construction Manager or Architect is to observe tests; iftWctions or apprQv� s_1. wrea by the Contract: fie Construction Manager or. Architect will do so -promptly and, wkerepbXbb' akthe normal place of: �1t5.6 Tests,or inspections conducted pursuant to the Contract.Dgciarnerxts shaft be made_prninptly to avoid jasonabiq`lay in011. tote fork. Ginter WWII ents. 'd der the Contract,Documents shall beaT interest from 'the date payment is Niue; at such rate W lte p Py aft "&, o vvriting -or; in the absence ihereof; at ttie legal rate prevailing from time to time at the .m. W}} ' - ll commence..all claims and causes of action; whether in conttot; tort; breach o Afbie oilier arising out of or related to the in accordance with the requirements . €d' t�al phfe radluti0fi mutbod selected in the Agreement vvtthtn time period specified.by applicable law; - ' , :l�tnY�motlfan.:#ars a#rxhe.date Afustat�2�orztple��an< ofthe Work The Owner and tlt�: .• , y Gp'�4araoto+Yve l plalt�ls arcd pauses of action not GQtpicd in accordance. with this Section 13.7. Mt9 � S� 'i If�y1.f 1,-Ar,1 ��, �1�+ C .�+ h�,1 f'� TL-1C ,1T4pA T ' C.14 R1Mif11ff,�ll�i�.'wa�fJJ�#—l�a7f[JIY iJ. 1 f�COl�l l'!�l!1i'i-1 - - 14� na 'ton fo e;�.�]t r r y `fie lorr #naynate the Bontract if the Work is stoppeperiod;of for a perioof 30 cons�ecuttve.days thrown :no a( aq�t e Co tr�rrr r a Sut contractor Sub-subcontxactor'or their a.Qents ox ern tv ees or. W other prnttcs peportions of the Work under director indirect contract vutt Contractorfor any of the ologg tasorls4 ¢ : 1 issriance of order of a court or other public authority having"sdiction that requires all Work to:be ' it o p 'd 2 of government, such as a declaration of national emergency that requires all Work to be EH stopped; .3 $e,t apserthe Construction Manager has not certified or the Architect has not issued A Certificate for l'Ayinent and has not notified the Contractor of the .reason for withholding eertiff cation as provided jilt eiarr 9.4, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or T, e Owner has .failed to furnish to -the Contractor promptly, upon the Contractor's request, reasonable = evidertee as required by Section 2.2.1. § `t:1:2 The:Qntractor may terminate the Contract if, through no actor fault of the Contractor or a Subcontractor, Sujj:--p'abcontractor or their agents or employees or any other persons or entities' performing portions of the Work under : dircct'or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the wner as described in Section 14.3 constitute in the.aggregaie more than 100 percent of the total number of days, spheduled for completion, or 120 days in any 365 day period, whichever is less. _ § 14.1.3 If one of the reasons described ,tn S'ectron I4.1..1 or 14:1.2 exists, the Contractor may, upon seven days' written, notice, to the Owner, ConsgpA :-Mi nager and.ArchiWt, terminate the .Contract an(LAco er from the Owner aytet#�fyyorV or executedluciug reasonable overhead and profit; costs incurred by reasflp osuch termination; } § 1 th orlc is -stopped for a period of 60 consecutive days �through:nu het or fault of -the Contractor or a gub6ontiactoi or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional AIA Docsimeet A232'"' = 2009 (formerly-A201" "CIVla--1992). Copyright ®1992 and 2009 by The American Institute of Architects. All .tights reserved.- Init. 'WARNING., This AIAe Document is protected by U.S. Copyright Law and Inteinattonal.Treaties. Unauthorized reproduction or distribution of this -37 AlAe Document, or any portion 4f It, may result in severe etvil and.cri.minal penalties, and will be prosecuted to the maximuth extent possible - under the law. Purchasers are not. permitted to reproduce this document. To report copyright violations of AIA Contact Documents, e-mail The Amencap institute of Architects' legal counsel, copyright@aia-org. days' written notice to the Owner, Manager azid Arch tect, terminate t be Contract a d recc5t cz fr ni the Owner as provided in Section 14.1.3, § 14.2 Teemiriatton By the wrner foratle W�l eDwneF n ay.#er�iuuate t ie Goat ac r }ae nfiactar . i repeatedly zefiises orfails tosop iy enough properl}r slcdlel wvrers or gaper materials, r o V fails. to niakt .paymeizf,to Su}icart aetars fox materials Ar la�Qr in aceozdan e v tb 1be re e }v 5 agreeiietits:beiictautraetrsT 4. .3 repeadl+ dust eards'�€gpitbYe laVv, statutes, brdie, cc+dslrre � orders of a.public mithot;ity,r MEN 4 otlierwi P s uz1}t St b aitYtaf breach of a:pro,�tsFon w�,y 4:212 Whe y.of vereasons xist; the O.�viier, afterccitt onv tlt ale s e a d ban E ficatio . e cision that ski nt caiisA extsi to such act -ors, lap vrt}iot 1 r dice fo z� ' tiler n x e :: , crf the fl r aid after ivmg tote fo r iriid �tlie vntra tvi Mtn e N ?. ce to c plQ en€ � e Gontr rand '9 _ e r. tear from �iejsit4P ands e po o "With i�clui�i th ol5, TOOd �; n. �iient amd znaehiriery thereonwiisrd 1tkte aonZxaetbr a r of.siibc ra racts ursnan to Se 'Da 4- and - e y avl ateve . reawriable method the {?vvner m deem e t1t C n� tt _ :. hall-Tfinish la the afitra r a del tell aeevi�r� bf YRY irtc d 4 r a flxiislttns tlze'�{3L� ' . N tw - - . d_.. ii-14__...1 all: fh Co ltforoneoff re sii i�tatedt echo. .bi t v e t:ttri Y [�o �s mi5�ted. Y k : .. psi - �" - v 5 _ _ _ S. f tiie �3 w a the Contxaetin�Xce�dS'(fl$ of ffitish t, iil�injow m al©h �e �_ n•aortaii itect°si'aziil ex uses made necessary thxebyyd btherdiiie �a M. _ - - - 3 A4U-'an r : - c i I is s-shadl°be paid to the t t tor, 1f Ac =�y -� - filie ara r�l p t}ie di�f'ren.'o to the Otter The' ouht to l ai € - O� a� caste 11, ii 50 i appl3catroa;~be i d 'led by a ltiitia} lecisic xi�a r after consu tah vn tih tr. ition } raod this olalisation four payment shall survive tezmiicfn o` �ieContaact . 4 16r for Converiienc y : .erist o . bout cause; ,eodor the Contractor in writing to m4i�8 ; delsy or intomilptrt1 oriz ti �. sole fix, Sri part ofr-sue period of time as the Owner may deterrniiie, 4 t}i Coni act Tiriie -shall .be ad: ii led for izier sal the -cost 0Ad tin rrx��aosed by. ` swt�ii n, teia errtipton as ascribed ttiectiot } 4.3:1. Adjustment -of tfie oiitiacttii.sliaJl inoludeprofit. �. :No%iiept shall be made to the extent: r ' , � ..; ► p rmance is; was �r xvatilti liiiye be so suspended; Bela eti or intercepted by ti i eaizse for �vhiclib Contractor is responsible; or .2 that an equitable adjustment is made oi- denied under another --pwmion of -this Gontraet. § 14. erniination By;the Owner for Cisrivenience The Owner may, at any time, terminate the-C-ontract or the -Owner's convenience-atid-witiiotit coat . r - - 1, AN 4 2 Upon receipt of written notice from the O ii� ofh teiiiiinatiQii'friz the Owner's convenient , � s�tractar shall ` .1 cease apexataons as direct6f Owner in the notice; . ?� to kip actions nec�sa t, �kTh tlw Owner may diri~et,. for the pm -tion and preseritatrvrt o the i tfli�n, ,.., x e t fs�r u c dzreeted to lie edormed riorto the effective date:o t ruriination stated ie: i ii e, - - A _ _g existing subrontracfs and purchase orders and enter tb riv futtlier s bro�nt cis. ii a.' tease orders. { Init. Al A aocwi tent .A232' - 2009 (formerly A201 T`"CMa—1992); Copyngh#;0.1992 and iQ709 bi 7) dAmerican Institute ofArchttecfs. Ail nghis reserved,. WA ING. ihts Als�:�' A�urnent €s protected by U.S. GopydZhiia�r ayd Rnkerri�Yltsn�= €r�atie; �lera��ihoriaef€ reprada�� ssrt9i�nts� rt of #his. i Ale Document, or any portion of it, may result in severe �civil'and ccinunal:ponaiSzs, and tidIMe prosecuted to toe znaxiriutn ext&*Pdss€Isle `ursder the rater. Purchasers are not permitted to reproduce this Aocun-ft To repo copyright violations of Al Contract Documents, :e-tnajl"The;Amerlcan . Institute of Architects' legal counsel, copyright@aia.org. § 14.4.3 In case of such termination.for the Owner's -convenie&c, the Contractor shall be M .00W to:rpc-oive Pay ceit.. for Woik executed, and,costs incurred bykeason of such ternui "nation along with feasorablq overhead-anO -profit on ihc' Work not executed. i;. b OF �15 CLAIMS AND DISPUTES initiQn. A Claim is a-deassertionand or ,by_qqeofhe-paft es etkili9; as mage right, payment (t r-other relief with resp. to the, te41w. qfthq qodtio. The term Ono 0� question-betweenthe 0 3bbt ib A in waorandA . 9044aaT r�Sp $Pl S subs bate Claims shalltest with the party b 'Claim, - 1.2 Notic Val airs byeitber the Q.w_ner-orContrA,.t;-!j. p�s,e inifiatedby," q q. ix �ohceto:lhe other -4 copy sent �to-6:0 and to tiA oft M*e.r:with ti age rArchiterAisftot:scrvingas. tb. �e lititial Decision Maker �'Clads bj:iither piaV.-must .b be the event.giving- to such Cl or. tthift- I te.d d -K opdx=q4;��..q ns, aim .......... -to the -Claim, V; . i&eV, zr 8 ater. 4ecol wd �g jX1 4� po Pending final. resolution of a Claim, except - 1�91 1 Qn gl� nnance. otherw se agreed in writintot 4,11A A, Q .icie 14 the Conoetoi,*all..proceed dilige4tly :with'.K Ott .d Aho C ntraot i f �lI :mAepayments ih;acc&darce,Mthwthe Contract Dbc4l3a6*s1b`0 Qonstrud00n. . Corti Q fi4.hte for ftyW bject f date:.Pq �q z �..,_.'�Orders and the Architect All issue a 401 "4ft4hecjsi6ns of the Initial Decisio&w. 4 j Owl 6 - �q -, Vr M." , N V 12 Z_r% 'th, atractor -Nyift oran-increasie.44, JeContract pg;$� a Claim f -4%,, dMang If the Co J, Wd W ' - i - - --r-bee`eding to execute the Work notice is not reg ;E�s.$ laed& --e& shall be given before P 6 q d ark under Section 10-3.".' en ang pt s Mt ift aL 6 15 fo 0 Me a Claim for an increase in -the, Contract Time;... e: Wes &W otftl ce as provided 'pt acto?st'lairn sball include of cost and .9, effect of delay an lie gWem de an estimate 6 MIT pro 'V -case 'of a continuing delay only one -Claim. is nece��gF- add nditions are the basis for a Claim..for Additioria'l tinier. such Claim, shall. be doeUriilited (trig'-Ag6weather conditions were abnormal for the period of time, could-nothave been reasonably, anticipated and liad -afi,4dverse effect on the scheduled construction. 15,4.60MM-s, tt).T.iQon,s.'e'.'que6VaI Damages. The. Contractor and Owner waive Claims against each other -for pritia. damages arising out of or relating to this Contract. This mutual waiver includ6s , - -1 - it, firtaric damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, bosiness and reputation, and for loss of management or employee productivity. or of the services f such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit -except anticipated profit arising directly from the Work. applicable, without lirnitation,..to, sequential damages due to either party's termination in -T egtk., mbis mutual waiver is preclude award i this S -cc 6n 15.1.6 shall be deemed to pude an aw c, accordance with Article 14. Nothing contained ji :liquidated - damages, when applicable, in accordance - th the requirements of the Contract Documents § 15.2 Initialj),e jof T and 113.1-0 sha-14i referred to the Initial ME, '�Acluding ttws�4� under Sections 103, -2� 4 .91 10A I ise indicated n The Architect will serve as the Initial Decision otherwise -I:p U Om ess otlif, or i in thei those Clms excluded by this Section 15.2.1, an_-v Qecision,�hall be required as a• Claims d tolnediation of any Claim arising prior to the date ma..-.p.gymen is due, 30 days have condition precedent fi im. t unless passed afer ihe Claim has been referred to the Initial Decision Maker with'.n6 decision having been rendered. Unless the Initial Decision Maker and all affected parties agree; the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. AIA DocumentA232Tm —2009 (formerly A201TOCMa-1992). Copyright 1992 and 2009 by The American Irttitutq-of,Architects. AR rights reserved. WARNING: Thi's Ale Document Is protected by U.S. Copyright Law and International Treaties; Unauthorized r6production or distribution of this 39 Aie 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. Purchasers are not permitted to reproduce this document To report.copynght violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.". § 15.2.2 The Initial Decision Maker:will review Claims and within ten days ofthe' re-cezpt-ofa Claim take one or;rnbre of the following actions l i).request`2tddztconal sitpporhrkg data froz the cazrrzant or a respdus¢ with sulrortalag data from the other paztjr-J ) ref &t.' ie ° md- in--W$ole or in part; (3) approve -the Clauta, (�) s1bgest a ccsrtipr�iznl is I �zMi advise the parties that th Inttta� becis ort�Ma�eJg tinaUle, to resolve the Clazzu zf the Intdal Deers oar ulcer lazes, . p 3Eme.-i f role tf nformation to evalatate tie nae fs oftjze Glazzzk or xf lie . czztial Deciszon alGercottc odes tl�at,in the �uowNO e slt n ial<er's sole discrettoii: it woulzi.be map roprrate'fo'r the Initial Deczsit> Male"r salve t § 2 3 n evalgati ng, Claim die 1 be iszbi-'M e# lay, t t hall mot be oislt #s ii tth or s on frorn d theg park}ra� k�sa �vath s al' ow t ge e ltz� mad assl?t tTic Itutl�al b ilstort fizz rendlxing:a deds: d" n#.tzdi.D o4ifa r a tth[e ii]wrx o u r a ll om c - s persons at the Cry er's p' Me. f. ' 2:4lfth tzal D �- 4 .' l �46.i a }party to ov d t mops c a t i o a� 3 K�suiortzag l -. troh . badd,6tz tea aez of stcsl1) lie x s onse o u �p? ata, ) a e xt tzar eas�on N a e1[ i holhe `� * t P "h dam be w t r- s # I xtra3l sa€O' n' Uakpr Via# do st3pport rig-dalx wzlfbe t &- rece� 'It esp tip d. a az3y, thea1 becasxttn lvtz -wtl either re�etappeoviEtFlarin wbolo ter 3 sill der am hldfia1 dQers��in i rov ng or rtulwm� 1 ,car att t " ,the la ec' � e xa re �ol�� tlteaai�ra 'lsta�l dcclsit�n�3�i�li �I� b�:axt � zti>t�, �Z)state tl FF reason_ tip pies the attez t- raid Coizst taort lvlar a , , th A elatteet of _g as the Initial isrog Ma r y chnge� the d6� .; is t Coz�lt ci all be final and binding 0 t1� fires but subject to rriedaatiph anti �f the pars ' 3 J. t 'r �e. diation, to bz�:dit� d�p� lt�rt. i' 5.2. s rueia�ara at�taa°f Sao i, aI tune, subjer t the t� i 15 &fi liierl3 dais from the date of an initial decision, demanrl zn #sa#thta party le�iti.; y o#` matial decision If such a dem:40,is flaade.and iitfa eeAg t7a� demand -fans `# r rz z = the tune itqu red, :their bath.;�arEies-w4we their ri tts dlate oX p?urs a i�rnditg .. - dfspute t utzalrl� ds vt!it1>_ respeG�:to the.initzai deaisa 4,C 3� , ' against the C))ntr'ctof; the avritelr may, #rut isi lot obligated to, notify thy. sprat , if any. Claim. If the Clain reiaies_# i o possibility of, a �Contaetor:'s def�xtt, the 4 r may, - bit is not obh at to; 0 fy the surety and request the sumty's assistaiicf in resolAug: the controwtsy. ` D M Y 15 2.8 Ifa f es'tz�i' zs the soli •etaf.a"meeharric's-heir; tie r L je pagy'assert�ing such �la�tfti4hA.y prowcd.' n- .-f� aeeotr ce �i# gpli able )ary to comply with the lien notice or fr'lini4 dunes.° 5 �1531:iarns zspirtes., or other matters in controversy arising out of or related to the Contract eatl ept.those waived led for in -Sections 9'. 1 OA4 9.105. and 35.1 d shall be stabjeet to mediation ats,a coudWon. Ar dent to biading dispute "resohin. 15"3' The parties shalt endeavor to resolve theirClaims. b mediation which, unless the parties mutually agree ` .:t therwise, shall be administered by the Am. Art ttratio sociation.in accordance with its Cons action Ia+d y 'Mediation Procedures in effect on the date of the �: em�nt. t� reequest.for mediation shall be made in w�ti delivered to the othe-party to the Contra and#e with .fie persvn or entity. admirlistezug the rnediatit i re uest may be made concuireritl" . with t fitin of btadn� .dis ate restitutionproceedings but }ntzh vnt, R Y Y y- b P .. mediation shall proceed in advan o� t u dispute resotu0dr liroceedings, which shalt b{e stz Cad digg Y a ritedz t a' eraod of 50 dam t o the date of filing, airless stayed i'o€ a linger peried liar air xnent of the .�5�- " osz i'ord arbttratto zshtayed-pursuatit to bias Seetiozi 15_3 the part iltiay zetliekess:prci�, d to the -I- -WI.. o'aid agree -upon a schedule for later.prodin� § 15 �. `l"lie parties shall share the m-ediatWs fee and any fdmg fees, equally . The mediation shalil:be Wld-i the piac where the Project is located, unless anoler location is. mutttall -Apw. upon. Agreetme.nts: adh-4 in aie{liation shall be enforceable as settlement agreements in any court having jurisi�i'etioh.thereof : AIA Document A232TM — 2009 {formerly A20t -CMO µ 4992) Copyrsgh# 19$� ai d 109 ia}r F AFatea n IrisEititie of Ar¢liite i4�i+ hfs r s 1 ytfAR ING: This Ale Document is pr©tected byit S.Ccpyngt t i_aw and lntarnatlonal Treaias Unauthorized rep, oducf,ori w distribtriiorr of th"ts Ale Document., or any portion of9t, may result In severe c€vi: and Criminal pehaltes, and will.be prosecuted to the tr44murn extent possible 4�' 1 under the law- Purchasers are not permitted to repmduce this dc5wmant. ro report aopytight violations of AIA^Corilract. Documents, e-mail The American Institute or Architects' legal counsel, coW9ht@a1a.org_ § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry �b>ttla Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered QA folte per party to the Contract, and filed with the person or entity administering the arbitration. The party fling a notd t'demand for arbitration must assert in the demand all Claims then known to that party on Which. arbitration is permitted to be demanded. t k rix 15,4.1 1 A demand for arbitration shall be made no earlier than concurrently with the'fiiirtg of a request for. 'mediation, but in no event shall it be made after the date when the institution ofegaT or equitable proceedings based x.. bh -the Claim would. be ed by the applicable statute of limitations fox statute: of'limitations purposes, receipt of a f f ritten demand:for orb ton by the person or entity�administering tie arbitration shall constitute the institution of egu1 or equitable prose �S based on the Claim. - § 15 4 2 Th y,-' d rezide�ed by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance vlt i applicable law, in any court: having ju6sfiction thereof. § 15 4 3 'Tbe oxeg6)0 1 grIN egwdnt to arbitrate and other agreements to arbitrate with an additional person or entity,duly k6t consented to by pacts to t�greement shall be specifically enforceable under applicable law in any court having ra Gonsohdatio&{ ,l`blWer, 15: A 1 Either partyatts'sale6dscretion, mayconsolidate an arbitration conducted under this Agreement with any "' oitllier orb"E�aiion to vhxch iX-t a party provided that (1 the arbitration agreement governing the other arbitration lseuts cviasolidabon {2� t}e arbitrations to be consolidated substantially involve common questions of law pr fact;' and (3) the `arbitrations, employ°materially sirgilaripr icedural rules and methods for selecting arbitrator(s} 15,4 4 2 hither panty, at its sole.discretion; `inay include by joinder persons or entities substantially involved in a common Iquestion of law or factwbose'Presence is required if complete relief is to.be'accorde.d.in arbitration, provided '. that the party sought -to consents in writing to such joinder. Consent to arbitration involving an additional per Cc or entity shotI rs9t co stitute consent to arbitration of any claim, dispute ciX other matter in question not t described in the written consent. 's § 15:14 3 The Owner and contractor grant to any person or entity made a party, to an arbitration conducted under this Section 15.._4, whether inder or consolidation, the same rights of joinder and consolidation as the Owner and p Contractor`uiider this Agreement_ AIA Document A232z — 2009 (formerly A2011CIVIa—1992). Copyright 01992 and 2009 by The American Institute of Architects. Ail -rights reserved. Init. WARNING: This Ate Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this 41 Ate Document, or any portion of it, may result in severe civil and criminal penalties, and will b2 prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. CONTRACT DOCUMENTS As referenced in Contract No. 174-2011 Article §9.1.3 Contract No. 174-2011 shall consist of the below listed documents. Any inconsistencies in this Contract shall be resolved by giving precedence in the order in which the documents are listed below: (1) Neighborhood Stabilization Project Guidelines{and its attached Exhibits). (2) Project Program (and its attached Exhibits). (3) Owner's Additional Information. (4) Contract No. 174-2011 (5) A-232-2009 General Conditions. (6) Bid Specifications dated October 25, 2011 and any associated drawing and addenda. (7) Contractor's Response dated November 17, 2011, to Bid Specifications