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HomeMy Public PortalAbout039-2013 - Metro - Donathan's Inspections and removals of asbesSTANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR CONSTRUCTION MANAGER AS ADVISER Agreement made as of the day of / , 2013. 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: Robert A. Donathan DBA Donathads Inspections and Removal 3504 North Linden Street Muncie, IN 47304 for the following project: Vaile Neighborhood Stabilization Project (NSP-3) Asbestos Inspection of houses located at: 123:South 10th Street, Richmond, Indiana 215 South 10th Street, Richmond, Indiana 216 South 10th Street, Richmond, Indiana 218 South 10th 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 2 3 4 5 6 THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT DATE. OF COMMENCEMENT AND SUBSTANTIAL COMPLETION CONTRACT SUM PAYMENTS DISPUTE RESOLUTION Contract Number 3912013 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 Forty (40) 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 the of the location address listed in this Agreement) 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 One Thousand Two Hundred Dollars and Zero Cents ($1,200.00), 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 March 14, 2013, Contractor was awarded the amount set forth in §4.2.1 above for the completion of services as set forth in the February 13, 2013, 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. The Stipulated Sum additionally includes all necessary reporting fees payable to all applicable state and local agencies. ARTICLE 5 PAYMENTS §5.1 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. i 3 §5.1.4 Progress Payments Where the Contract Sure 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. §5.1.42 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: .1 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 portion of the 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 (50/o); .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 35-1-12-13, as applicable. §5.2 Final Payment §52.1 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 4 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 §6.1 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 S 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 legal 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: Robert A. Donathan 3504 North Linden Street Muncie, IN 47304 §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 39-2013) attaches and incorporates the following: Neighborhood StabilizationProject 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 39-2013. §9.1.2 The General Conditions are, AIA Document. A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. §9.1.3 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: February 13, 2013, 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. 6 §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 A1A 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 protectitfrom 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 of them, or by anyone for -whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $1 MOW C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2, Property Damage $1,000,000 each occurrence 7 D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $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 a � By: Vicki Robinson, President By Lawsovn, Member I Date: 3—)! APPROVED. Sarah L. Hutton, Mayor Date: — "CONTRACTOR" Robert A. Donathan DBA Donathan's Inspection and Removal 3504 North Linden Street Muncie, IN 47304 Date: Robert A. Donathan, Owner 8 D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $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" "CONTRACTOR" THE CITY OF RICHMOND, Robert A. Donathan DBA INDIANA by and through its Donathan's Inspection and Removal Board of Public Works and Safety 3504 North Linden Street Muncie, IN 47304 Vicki Robinson, President In Dian Lawson, Member Anthony L. Foster, II, Member Date: APPROVED: . Sarah L. Hutton, Mayor Date: By: Robert A. Donathan, Owner Date: ` I 8 CONTRACT DOCUMENTS As referenced in. Contract No. 39-2013 Article §9.1.3 Contract No. 39-2013 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. 39-2013 (5) A-232-2009 General Conditions. (b) Bid Specifications dated February 13, 2013, and any associated drawings and addenda. (7) Contractor's Response dated February 25, 2013, to Bid Specifications NEIGHBORHOOD STABILIZATION PROGRAM SP GUIDELINES As referenced in Contract No. 39-2013 Article §8.6 1. Confidentiality and Access to Records. All of the reports, information, data, etc. prepared or assembled by Donathan or Donathan's agent, subcontractor, qualified contractor, or architect, under the Contract, are confidential and Donathan agrees that they shall not be made available to any individual or organization without prior written approval of Richmond. Donathan 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 Donathan or Donathan'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, Donathan agrees as follows: a) Donathan will not discriminate against any employee or applicant for employment because of race, creed, sex, color, or national origin. Donathan 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 selectionfor training, including apprenticeship. Donathan agrees to post in conspicuous places information to be available as set forth in the.below provisions of this nondiscrimination clause. b) Donathan will, in all solicitations or advertisements for employees placed by or on behalf of Donathan, state that all qualified applicants will receive considerations for employment without regard to race,. religion, color, sex, national origin or handicap. c) Donathan 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 Donathan's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) Donathan 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) Donathan 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 Donathan'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 Donathan 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) Donathan 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. Donathan 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 Donathan becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such Donathan 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 bf Labor pursuant to Part II, 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 of Federal 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 Donathan 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 Donathan 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) Donathan shall implement the specific affirmative action standards provided in paragraphs (QJI 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. Donathan 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 Donathan 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 Donathan during the training period. Donathan 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) Donathan shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of Donathan's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. Donathan shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: 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. Donathan where possible, will assign two or more women to each construction project. Donathan shall specifically ensure that all foremen, superintendents and other on -site supervisor personnel are aware of and carry out Donathan'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 Donathan or its unions have employment opportunities available and maintain a record of the organization's responses. 3. Maintain a current pile 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 Donathan by the union, or if referred, not employed by Donathan, this shall be documented in the file with the reason therefore; along with whatever additional actions Donathan may have taken. 4. Provide immediate written notification to the director when the union or unions with which Donathan has a collective bargaining agreement has not referred to Donathan a minority person or woman sent by Donathan or when Donathan has other information that the union referral process has impeded Donathan's efforts to meet its obligations. S. Develop on 4he 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 Donathan's employment needs, especially those programs funded or approved by the Department of Labor. Donathan shall provide notice of these programs to the sources complied under LQ12 above. 6. Disseminate Donathan's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting Donathan 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 Ieast annually, the Donathan'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. 8. Disseminate the Donathan's EEO policy externally by including it in any advertising in the news media, specif Bally including minority and female news media and providing written notification to and discussing Donathan's EEO policy with other contractors and subcontractors with whom Donathan 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 Donathan'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, Donathan 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 Donathan'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 Donathan'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 changingfacilities 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 Donathan'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 ((QI 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 JQJI 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. (1) A single goal for minorities and a separate single goal for women have been established. Donathan, 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, Donathan may be in violation of the executive order if a particular group is employed in a substantially disparate manner. • (For example, even though Donathan has achieved its goals for women generally, Donathan may be in violation of the executive order if a specific minority group of women is underutilized.) (J) Donathan 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) Donathan shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. (L) Donathan 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) Donathan, 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 Donathan 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) Donathan 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 Donathan shall include the following contract provisions or conditions in all procurement contracts and subcontracts as required by NSP guidelines,lHCDA 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 Enterprise_ 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 Donathan shall comply with 24 CFR Part 570 in its entirety which regulation is incorporated herein by reference. Richmond and Donathan 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 Donathan 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 Donathan shall comply with 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 Federal Contract provisions, as set forth in the attached Exhibit B. 7. . IHCDA Regulation Compliance Donathan 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. 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 1468, as amended, 12 U.S.C. 1701u (Section 3). The purpose of the Section 3 is to ensure thatemployment 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 Part 135 regulations. C_ The contractor agrees- to send to each labor organization or representative of `vrkers 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 worn site whew both employees and applicants for training and employment positions can see the notice- The notice shall describe the Section 3 preference, shall set for minimumnumber and job titles subject to hire, availability of apprenticeship and training positions, the qualifications -for each; and the anticipated crate 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 sub^. ontract with any subcontractor where the contractor has notice or knowledge 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 (?—)'with persons other than: those to whom the mgulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled 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, tertninatiaon 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 assi-stauce, Section 7(b) of the Indian Sell -Determination and Education Assistance Act (25 U-S_C. 450e) also applies to the wort: to be performed under this contract. Section 7 (b) requires that to the greatest extent feasible (1) 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 fndian-owed economic -enterprises. Parties to this .contract that are subject to the provisions of Secfiion 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)- EXHIBIT-A—PAGE_/ _OF i 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: 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 11.246 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. 3. 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 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 a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1 a`52. 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 1.2549 and 12659) 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 1.2689, "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. EXHIBIT _ PAGE 1 OF -A_ Procurement Procedures Neighborhood Stabilization Program Revised May 2009 Peter Hunt . PROJECT PROGRAM As referenced in Contract No. 39-2013 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 vacantlabandoned 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 (AMl7 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 asbestos inspection services on four (4) homes under this NSP-3 project and certain Bid Specifications (also referred to as Construction Specifications) dated February 13, 2013, have been made available for inspection by Richmond, is on file in the office of Department of Metropolitan Development for the City, and is hereby incorporated by reference and made a part of this Agreement. The Contractor, Robert A. Donathan DBA Donathan's Inspections and Removal (hereinafter "Donathan") agrees to abide by the same; WHEREAS, the response of Donathan to said Request for Qualifications is attached hereto as Exhibit A, which Exhibit was received February 25, 2013, consists of three (3) pages, and is hereby incorporated by reference and made a part of this Agreement; and WHEREAS, if applicable, the scope and subcontractor list for the. project location address is attached and is hereby incorporated by reference and made a part of this Agreement; and WHEREAS, Richmond desires to engage Donathan to render certain assistance in connection with such undertakings in Richmond. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Scope of Pro'ec� t Program Services Donathan shall perform for the City of Richmond all necessary services under this contract in connection with asbestos inspection services of four (4) houses located at 123 South 10th Street, 215 South 10th Street, 216 South IOth Street, and 218 South 101h Street, all 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 February 13, 2013, and all addenda attached to those specifications; b. Comply with the respective scope list for each project location address; C. AlI 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 (10%) percent participation by small, minority -owned, and/or women's business enterprise (DBE). e. Donathan 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 1HCDA guidelines. Tom Barth City Of Richmond Dept. Of Metropolitan Development 50 N. 5"' St. Richmond, In. 47374 Donathan's Inspections will supply all labor and equipment and for the asbestos inspection referencing. 123,215,216,218 South I e Street all samples will be read by an accredited lab and client will receive a detailed report of findings prepared by the inspector for the sum of- : Price; $1200.00 One Thousand and Two Hundred Dollars All work will be conducted in accordance with local, State and Federal regulatory guidelines currently set for the safe handling of Asbestos Containing Materials. We appreciate this opportunity to quote this project. If there are any questions, or if we may be of further assistance, please contact our office at your earliest convenience. Should you decide to accept our proposal, please sign in the space provided and return to our office for scheduling. Sincerely, Robert A. Donathan -------------------.---------_------- Owner Owner/Representative Donathan's Inspections 3504 N. Linden St. Muncie, In. 47304 765-631-1765 Dated EXHIBIT -jA PAGE _L__G� indjsnapolis, IN 46204-2251 August 20, 2012 Robert Donathan Donathan's Inspections 3504 N Linden St Muncie IN 47304 Re: Asbestos Inspector # 193126086 Based upon the review of your license application, the Office of Air Quality has determined that you have fulfilled the reilu ernents of 3261AC -1 &` nd are e1igib7e f&Tcensing in 'itie following disc�ne:'- - — Asbestos Inspector Your Asbestos Inspector license is attached below. The license is waterproof and tear resistant. Please sign your license and do not laminate or alter your license in anyway_ Your license must be available for review at all times while implementing an asbestos project. This license may be revoked,pursuant to 326 IAC 18-1 7, if you: (1) Violate any requirements of these rulm-k32f lAC 1$), 326 IAE 1 1-t0, or any requirement of the Asbestos -Containing Materials in Schools-Ru!e or any -other federal, state, or local regulation pertaining to asbestos in buildings or to asbestos projects. (2) Yalsify information on your application for licensing. (3) ` Fail to meet any qualifications specified in 326 AC 18-1-4. (4) Conduct asbestos project, or related asbestos -handling activity, in a manner which is hazardous to the public health. Your license is valid effective 09107/2012. and will expire on 09/07/2013, as indicated on your card. We suggest that you attend the required training and submit an application for license renewal early to insure your license does not lapse. NOTE: 326 iAC 18-1-4(h) and 326 tAC 18-1-6(e) require that any individual who has an eighteen (18) month lapse between any tWo training courses of the same discipline to attend an initial training course for the discipline.in which they are seeking a license. In -order to avoid re -taking the initial training course you must have attended a refresher in the discipline you are seeking a license'vAthin eighteen (18) months from the date of issuance of your last training course certificate. Office of Air Quality, Asbestos Licensing Section (317) 233-3861 Iindtna Dept. 9rEUYhVnmentR1 MUMPU eat Robert Donathan AshmpectorIj* 193126N6 Effective. 09/07/2012 Expiration: 09107R01:3 Birth Date: O610511%5 Gender: M Height: 6-03 Eye Color. BLU Weight: 240 Hair Color. BRO EXHIBIT PAGE SOP Indiana Department of Environmental Management 100 N. Senate Avenue Mail Code 61-52 MN 1003 indianapoft, IN 46204-2251 September 20, 2012 Donathan's Inspections and Removal Services Robert A. Donathan 3504 N Linden St Muncie IN 47304 ■ i` Re: Asbestos Contractor # 19AO03400 Based upon the review of your kense application, the Office of Air Quality has determined that you have fulfilled the requirements of 326 IAC 18 and are eligible for licensing in the following discipline: Asbestos Enclosed is your card which is your Asbestos Contractor license. This card must be available for review at all times while you are implementing an asbestos project. This license may be revoked, pursuant to 326 LAC 12-1-7, if you: (I)- . Violate any requirements of these rules (326 IAC 18), 326 IAC 14-10, or any requirement of the Asbestos -Containing Materials in Schools Rule or any other federal, state, or local regulation pertaining to asbestos in buildings or to asbestos projects. (2) Falsify infor nation 'on your application for licensing, (3) Fail to meet any qualifications specified in 3264AC 18-1-4. (4) Conduct asbestos project, or related asbestos handling activity, in a manner which is hazardous to the public health. Your license is valid effective 10114/2012, and will expire on 10114/2013, as indicated on your card. We suggest that you attend the required training and submit an application for license renewal early to Insure your license does not.lapse. NOTE: 326 IAC 18-1-4(h) and 326 IAC 18-1-6(e) require that any individual who has an eighteen (18) month lapse between. any two training courses of the same discipline to attend an initial training course for the discipline in Which they are seeping a license. In order to avoid re -taking the initial training course you must have attended a refresher in the discipline you are seeking a license within eighteen (18) months from the date of issuance of your last training course certificate. Office of Air Quality, Asbestos Licensing Section (317) 233-3861 mwfi Indiana Dept. of Environmental Management Robert A. Donathan The Desigiated Representative of. Donadi&s Inspections and Removal Services Asbestos Contractor License.#: 19AO03400 Eifiective.10/14/2012 Expiration: 1011412013 EXHIBIT J PAGE 3 OF-3 OWNER'S ADDITIONAL INFORMATION As referenced in Contract No. 39-2013 Article §8.6 L Compliance with Laws. Donathan shall comply with all applicable laws, ordinances, and codes of the Federal, State, and Local governments. 2. Term of Agreemept. This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the asbestos inspections of the houses located at 123 South loth Street, 215 South loth Street, 216 South loth Street, and 218 South 10", Street, all in Richmond, Indiana. As. set forth in § 3:3 of Contract No. 39-2013, 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 Forty (40) 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) 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. Compliance With Worker's Compensation Law. Donathan 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 Donathan's agents, employees or contractors is injured while performing the terms of this Agreement. Donathan further acknowledges that it will comply with Indiana Worker's Compensation law. If Donathan is an out of state employer and therefore subject to another state's worker's compensation law, Donathan 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: i 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. S. Prohibition Against Discrimination. 1. . That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Donathan, any subcontractor, or any person acting on behalf of Donathan 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 Donathan, any sub -contractor, or any person action on behalf of Donathan 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 Donathan 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. CoWliancc 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. 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. Iran Investment Activities. Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event.Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 8. 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. 9. 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. 7 J evc--uffi.6- n -a-AIA J'....,� F111 I Conditions o#'th6 C-ontrolrt for Consti�uotior�, � �sfrtrction:M�n�ger:. h +.. a _ser Edition W611owing PROJECT: and location or address} 2 This dQet3ient ha's trripottant legal' r, yr canse epees Consultation Hnih s ara �iA.' is enpourage#i wnfh ' a CONS �TION ll `�ER' speuri �#s rornpletion or e le usress) ..aodctiiin F ° 3 3tlts Tea ri' ent IWAC199to be s j]5ed ij] n� �',N�J AIfA Y [7�o�3nYetsraa �9>. ttdit�arion? of ArCet ent " �u .v - 6aHei1lrafYCS3r3traCtOr ER 4 � Cogs ltjgti0n iVlatpgor,4p Adviser uAga:>�srss I=diiiR#r:� 2�5?�tantlarci t - g ? Fortr� vf� rcerrzent 13ei !een n s w OYrrer rchifet,orisfruction r. �sxan�eYsAdvi$el t�dttion; and �z. rtXv Sfanftd T:orrn of }1-gr olrrtq t l3W�v iA QW.ner and kTHE I SECT CvRs#rE[c#ion LArlanager as Adviser. {N¢errl stat2rnd 4 ARCIITECT'D CONSTRIUCT�tN fIIAN,4ER S SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHE-kQONTRACT-ORS =_T CHANGES IN THE WORK TIME 9 PAYMENTS AND COMPLETfON 10 PROTECTION OF PI=RSONS ANO PROPI IRTY INURACE ANQ SOIa]S - 12 .0I CCIYBRING .AND CORRECTION O1= WORK 13 ' 'MISCE-E- ANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT = 1 CLAIMS AND DISPUTES [nit. AIA Document A231w _ 2oo8 (formerly A201 T CMA=1,992)-Copyngtit t9132 and.2b'03by7t} Artiericah Institute of Architects `A!E rights reserved, WARNING:This Al1l Document is prelected by U.S. Copyriglat`,Lav and International reafie's. lfrrauth srixed; repro#uct'son or 6istribution of this Ale Document, or any portion, of it, may result in 5e�iare Clod and crlmirial penaliles, and: �siil! � �rasea a�#ed fa the maximum0t or di tri t gaossible t under the law, Purchasers are not permitted to reproduce dais doccimdnL Yo reporYxApyngkiti.3oTaiions 6f AIA Contre 1_0ocuments;. e-mail The American Institute of Architects' legal counsel, copyright@aia.org. INDEX Architect s AdtiinistraYgn oJMeQ7ticst x (Topics and nuiiibers in 9 A0. eats - s 3128 Ac5e.'of i\iowcanfoY#$vYgat��� c��r t:iec� 123 of Work Architedt' C6Pt g 6; 9 9 9:3, 9.10.1, 9-40A, J6 Work Arctiitcef' lecsions�Y I =M.�No-2.1,12.i 4.2S,7r�Fd;..,,9�> ' L 7 13 5 2 1424 4 1 2 Accident .Prevention < Archttsiecl�; . acid( ems' 34 4.2� W�;.92�1.b.1,35 . , 3.2.2 p, , Ar i s sf�r tt lZons S; 2 4.7 4; 9.'� nda A ch e e' In Ug-e€at�om �3. 4.25,4, 7,42: �- x _20 1.0 4 110 4.2.�, 9? 954 9101, 2 k1 1 -2. 5 4: s Architects Pro3ect R�ptentative 4.2 16 Y tArccl Ft{' RoJatlonAk,12,{ .1i CmArdotQe�I' 3 2 232 3 °j 3�.3 ly 11 �' 392,310;3,11 ,3vot �Adoe f, 6.2.2,8.2, li 3.7, �� 3� 6 g. Architect's R latiortshg cuti 'Cb�!s i on M ez t �miniti� ,a .t 1.1.2 9.3 thrYaix h 914;10.3; 13 S I,1{13 11 j. . 3I(t>�a 13.4.2, 054 w Adx Q y Architect's Ri itiori� withixtie�ziitctc�r '=111"v - 1.1.2,4:2.81_3;633.64 ; s A ect " . Architect s Repres nt � s 4;, 9.4, 9.5, 0. 10 1' 4 t Architect s it:� �Fisits 42.2 9,4 9.5.1, 9.8-3,-9.9.2, 9:1Q 1, 13,;5. 8e�� f nf'�' 1`t S{ a z r e ASbestos� , t31 3'.1 3 3 y 10.3.1 7u :Ai Attorneys' Fees 3.18.1 9.10.2 10.33 4 2, 2� r 33 4, %5_1, 9J, 9,8:3:, > �;1, D 3 SIR OR i 1.3, 14,2.4 Award of Other Contracts ApproZ T. F 6_11, 5.1 2 � gz 231 1; 2 2 ; 2 1 10 1 3.1 Q:2, 3.12.4 thfou L Award of Subcontracts and Other Contracts for rgil ;l b 3'3.195 'Port -ions of tie Word } 5,,.,2, Arbitration 5.2 9.3:1, 11 3 1:O13.1.1, 15.3.2,15:4 Basic Definitions ARCH1TEC'C 1: } .x 4 Bidding Reduirernents: Architect, Certificates for Payment 1.1.1, 5.2 ' g 4 Binding Dispute Resolution . Architect, Definition of 93,11.3..9, l i ;1 4.1.1 15.3.2, 15 4_I Architect, Extent of Authority Ballet; apdaclimei ynsiirace 52;a1 ��73�7 _4,931,1.4,95,93,$84, ll32 • �` ' I(1Ya�,7, 12.2.1,,1 5, l3.5.2, T5.1:3; BONDS, I1\TSVRACE�Nll 41 jonons of Authority and Responsibility Bonds, Lich rawA " ':1, 4.2.2, 4_2.8; �4.2 13., 5.2 1, � �r:4, 7.3.7.4; 9.13 15.2 fonds; Per%ce-And 1.. 4yrnent Architect's Additional Services and Expenses 7.3.7.4, 9 6.?,9:16 3, 11,.3.9, 11.4 2.4, 11.3.1-1, 12.2.1, 122.4, 13.5-2 AIA Document A23210 , 2909 {#ogf1 rhr _0j nd 2009. b Osfit4te:of Architepts Af# r�gi is fes ed. Init. ;DARNING: Yids AFAR 06cuncrt ss �r�4e�e�#3y U � Co ft R t��€ �i�� rn€�rrlationat Tr6gg1 Uffoafhorixed teproduC��ors: € r- �3sftiESEltscri �t €s 2 Ate 000uMeM; ar any portion.of t?i Y. escs t in vet i 1� art G? 4i a! penalties, and jai �e pebso urea +©i-rnax'sin Ew1 @ t of po iFSt ander ti�v law. Purchasers a_Fe.noGpe i#f tc�ie lu e tti! _ n u�nbnL,To r pork copyright.uEp(atopsof-A#A Cnritract Docurneri�. a mail The American Institute of Architects' regal counsel, copynghi a7araI or Building Permit 2.22, 3.7.1 Capitalization 1.3 Cri`fit of Substantial Complei'iv�i 3 9.8.5 b �erht�s for Payment 4 2 2; 9 0.3, 9.4, 9.5, 9.6.1, 9 6 6, 9.7, 9,40.1' 9:10.3, .1 }4 1I4,-6 P g 1?P Construction Chan e Directive, Definition of Rf z f ates of Inspection, Testin or. A xoval g 9.1 , 2.4, 3, 4', 17 k ;z3 24; x� x.4t r; - C1arm; 324;'" Conce Elnsuran s 731 Canstruet:on han&RD etives , .,1.3 _ 1, 3 4.2, 3.12.8, 4.2,12, 4.2°.13 7.1.1 7.1.2 7. . 1 3,. 7, 3 11,3 T 2 8; 4 2 12 7:3, 9:3.1. T Construction Manager; BuildiAg Permits srg�3,5712,72,732,7.3:4, 2.2.2 3 10�, 43kiu3, 9.:2, Constrtletion Manager; Ctlmrzxurtleations thro5.:1.3 4.2.6 eN 'p NConstruction Manager, -Ons"etaon Seh Aule: 3:10;1., 3.10.3 CONSTRUCTION i1 NA,G-R . 4 s� - Cnuskt cffon Manager, Definition of.1�, 3k 1 147,&3A,9.3.11 4].2 ti Construction Manager, Documents id Samples t the: L a7 �av ,bb R ' . Site 3:11 _ 94. Construction Manager, Extent ofA,uth'Onty 1Sa 1;4� itlxtroiaY 3.12.7,3.12.8,4.1.3,4.2.1,424;425,429;'7.42, Cos 1 1, 7 3�, 1 3; 9.10.4, 10.3.2, 10.4, 7.2, 7.3.1, 8.3, 9.3 1, 9.4.. 1,�3.425 9 4.3, 9.8:2,'9.$.3, 9.8.4, 9.9.1, 12.1, 1-2-1.I; f;Z.2, 14.2.4 h itional Tr Construction Iv�snagez;'Limitations. ofAutlior tyaiid. Responsibi-I .5 rkn{otb�itions, Claims for 4.2.5 4.2.8 I3 4.2 Construction Mane s r Sub 'teals 3.7 g , mt 4.2.9 Claims formagers ; Construction Manager's Additional Services and, 3.2.4, 3 1$,4 L 1 k,2 5r$ 3 ? 9.3.3, 9.5' 1.2, 9.'10.2, Expenses 9 10.5;:103 3;;•I1 f I- =11 3311 3:7; 151.6 12.2.1 CTeanng Up , Construction Manager's Administration of the 3 15, 6N.3 Contract Commenednftfit of Statutory Limitation Period 4.2, 9.4, 9.5 13.7 Construction Manager's Approval Cornmencerhent of the Work, Defniiionof 2.4, 3.I0.1, 3.10.2 8.12 Construction Manager's Authority to Refect Work Cotzirtunications, Owner to Architect 4.2.8, 12.2.1 2.2.6 Construction Manager's Decisions Comrf�unications, Owner to Construction Manager 7.3.7, 7.3.9, 9.4.1, 9.5.1 2.2.6 Construction Manager's Inspections Communications, Owner to Contraetor 4.2.8, 9.8.3, 9.9.2 12.6 6 ttmintlilFacilitating Coni�rt t Construction Manager's On Stte Observations 9.5.1 Construction Manager Relationship with Architect 9 1 4 As , 1.1.2, 4 2 1, 4 2 7.4.2:8; 4.2.9, 4.2.13, 4.2_ I5, 4.2.16, COMP 1 ,aPAYMENTS AND , ... , 4.2.20, 9 2 `1 9 4_Z 9 5, 9.6:1 9:6.3, 9:8.2, 9.8.3', 9 Completion, Substantial 9.8.4,991' 9i0.1,9.10.2,9.10:3;11.1.3,12.2.4; . 4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3:3; 9,3 9> 1, 9:10:3, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4 12.2.1, 12.2.2, 13.7 = = Init. WA NING, hI AAle = 2009 (formerly A2EF9'MC(IAa—1932j. Copyright m 982 and ZM) by The American Institute of Architects: All rights res'eNed. t�tAFtTltldCz: Th1s f�tRl� ©gcument is protected by E�:3. Copyright Lely gild intomatiorial'Treaves. unauthorized reproduc#ion or distr€ibution'of this AiA�' Document, or any portion of 1t, may result in severe a?v11 and cruhin,alpenalties, and VjH fie prosecuted to the maxirtit�m extent possible � f tinder the law. Purchasers are not permitted to reproduce this cSocument. To Institute of Architects' legal counsel, copyright@a'sa.org. report: copyright Ablations of AIA Contract Documents, e-mail The American r 1 Construction mpmadd?.- -Rlatitzn Yp %1 #c�� Contxa tor's I}iab�lxty- nsuraneQ _ 3.2.2, 3.2.3, 3 3 1, 3 5, 3 10 1, 3 1i2,1;3, , 1 3.12-5, 3.12.6, 3.1"2.7, Contractor's RVelatzonship with OthpT Co 14 2 3 15.2, 3.16, 3 17 3:,1$ 1, 4:2 4 4 Owner's O 1..tForces 1", 4, 4.2.17 34' ` 3.12 5, 314 2, �#2�1 3, 11, 1Z 4 3 7, 7.3 10, 5.3.1 9 2 9 3 ], 1, Contractr's Eelarixaslp with Subnitra� 9 9Q ` 1, 1© "7 9 1Q . qW3 1..2 2, 3 3 5, I0.1, 1 3.7, 2 1, 13:,5 1 1� � 2a � i1 3T, 1: 3a fa1 2 - - b(jetion tvtanager's Relatzonsltxp wrtt O Conttactwi�t 1lattc€nslup with ltzeiil tect .2.1;1Q32 1.12 1r2�2,324,1i4,3r ., �onsltuctian Manager' eluttcnsltp 3:11 3 i 3 16 I8, 5".2, 6 2 � 7, 9 3 1, 9.2, mtractors Ovine �tm Fooes �cstrtrctio . ale ...ttontp wolf.antracior's 1latrokaslip wrth the C€tzt�� �antract = H _ Nlarkg ,� v ,5.3 .6� i..1 x 1 #3r 77,,33 r1,.3[� ,3pi f3} +� 770,. L 3,11 12 ,5�.3 ,1._7, 1 9, J-Si T- truc Tt x]{a 1 l 3.151;13F,313x42s4%INV a11, 6.22 741 S5,7S ;;r r > 1�W2 3141, .. a.2 a ..9.41 94;2,9$ ,9 I 10>1,9.102- 1 ;1111, 10 t`Asi'" rota 10 2; 1�, 11_7� 12� 13 5:1, 1 5:� 13� '�� " 13 S 4 _� 3Z1,12A,3�,5;312,622;8.21,}.332 Contractor s Responsibility for Those Pezf"ar r Xwl 2 e Work . �. s t CANT '012 ,�U�P�1'��� . 3.3 2, 3. 8, 5 3; 6 i .3; CiF 1'1 k Contraotbes-Ri view of Contract Dcaeuznerkts 54 1, 1{r� 32 . " t� Contractor. s Right to Stntlxe °Qrk Coct t� ttan �s rd k X lKin, Conditions ma#n Co93 ntractor s Rt t to Tez rttnate the Contract 14.1 xC` F3Y r'13 7 U, 5 Z: 3U -s-6, 11 4.7 Contractor's ubrntttais ttact Docturlo..s Furnished azid lit cif' 3-10 2,,3:11, � 12, 4:2.9, 9.2, 9.3" 9.&:2, 9 9:1, 9.10.2 „ 2, 21,5, 5 3 9-10.3, 11 1 3, ],1.4.2 ! CpnttG�cocanttnaton of Contractor's Suetintendant 1 1 1 3.9, 10.2:6 rx. Coni�ract Perfoxzm �uri: g Arbitration Contractor's Supervision and Construction 1';raeedu�es L, 1513 1.2.2,3.3,34,4.2.5,4.2.7,6.1,6.2.4,7.13,TIS, 04k Contlk -011 7.3.7, 8.2, 10, 12,14, 15.1.3 tv € k; 3.7 4., 3.7. , 3.8 3.1 , 5.2.3, 7.2, 73, 7.4, 9.1, 9.2, Contractual z.,iabi ty Insurance E 9.S.1,4, 9-6.7 9.7, 10.3.2, 11 3-11; 12.3, 14 2A, 11.1.1.8, 11 2, 11 3 1 5 143.�, 15.1 4 5.2.5 Coordination and Correlation Caaa# ct Time 1.2, 3.2, 3.3.1, 3.10, 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, 7.3.5, 7'.110, Copies Furnished of Drawings and S.pecifteations 8.1-1, 8.2.1, 8.2.3,.8.3.1, 9.5.. 9.7, 1.Ov3 2, .1,1 1, 1.5, 2.2.5, 3.11 1� 14.3.2, 15.1.5.1, 15.2.5 - CapyrtgiZts CQitract Time, D:ehnition of 1.5, 3.1 8.1.1 Correc.600 of oxk CONTRACTOR 2.3, 2 4, 9 4.1, 9.4 2, 9 8 2 983 , 9 9 1, 12 1.2, i2 "2 �_ Correla"tion a'nd lrntentnfhe Conitract Dfanents: ! c__�; n�ttiifatch[a� Ie ion of 12 Yi Costs z C�ii�l�af� C'.sistructiotitt ;Schedules 2.4, "3..2.4x 7 3�3 8.2, 3:1 S".2, 5.4 2, 6_.l 1, 53, 3:1b, .12.1; 3 2, 6 1..3, 15_ -5.2 7.3.3.3, 7.3Y6; 7.33, 7.3:$, 7.3-9, 113.1.2, 11.3.13, Contractor's Employees 11.3A 11.3..9, 12.1, 12.2.1, 13..5, 14 3.3-2, 3.4.3, 3.8.1, 3.9; 3418.2, 4.2.3, 42.6, 1012, 10.3., Cutting and Patching 1 L 1. 1, 11.3.7, 14.1, 14.2. 1.1 3.14,6.2.5 A€A Document A232'"' _ 2fl09 (formerly- t)t CNta t992): Gopyri�gtit t992 and �609.hy `Th!n iAmedcan Institute of Architects. Ali r !Rbfs resented_ In€t yttei tdE?�G: Tft€s Aids° ocument•Is p.oteeted b, U.S. Coj)yA h# ! acid and €nterrtatfnn €"Treat:es, Unauthorized relamductiori of istribut€oh'ofthis 4 ALe Document, or any portion e` r. rc a recut#'.tn severe ciA zin r dmina€ penalties, err¢ wiii be prosecutes€ to the maximurn exterd possib€e. under the law. Purchasem.are not perafted to reprodoce ibis document:1'p•repott, copyright violations of AtA Contract Documents, a ma€l The American Institute of Architects' iegat counsel, copyright@aia.brg. Damage to Construction of Owner or Other Execution and Progress of the Work Y Contractors 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2 2 5, 3.1 3.3 1 34.1, 3 5- 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.51 l'0A, 11=1.1, 3.7.1, 3.10.1, 3.12, 3.14, 4 2;:6.2.2 7:1.3, 7.3.5, 8.2, I 1 3 12 2.4 9.5.1, 99.1, 10.2, 10.3, 12.2; 14.2, 14.3 1 15.1 3 �� 'M rD.WWt6 the Work Extensions of Time 3 I. .1, 10.2.1.2, 10.2.5, 10.4, 11.3.1; 122.4, 3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9 51, 9.7; 10.3.2, . aims for 10.4, 14.3, 15.1.5, 15.2:5 6.1.1, 8.3.2, I0:33; 11-1.1, 1-1 3.5, 11.3 7 Failure of Payment �r 9.5.1.3, 9 7, 13.6 14 LMU3,14:1.3, 14.2L. 2, 15 14 Dalmages for Delay Faul W ty ork {S:ee Defective or Nonconforming Work) _ 6.1.1, 8.3.3, 9.511.6, 9 7 R10.3 2, 15 1 5 Final Complt:lnn aria Final Payment Date of Comrnenceme> dire 1Vark, Def Witi6-n of J 4 2 1, 4 1 , 9.8.2, 916, 11.1.2, 1 I.13; 11.3.1, I IF 3.., 12.3, 15.2.1 _ Date of Sub tarttial COon,. Definition of Finarioial Arrangements, Owner's 1:3K 2.2.I 8 ' D Def 'tto_ a; tt ." jWf GENERAL PROVISIONS!' 814 F .: o Dbcisiorl', Qf4t Governing Lary r > 374;419$, f? i3,4:2.15,42.16, 13.1 421 2� 2 :3 $.3.1, 92, 9.4; 9.5, Guarantees {See Warranty and Warranties) ` 9.83, . 2.214.2.4, 15.1, 15.2 Hazardous Materials anager 10.2 737;738, 1; f =' IdeatibUt on of Contract Documents is Decrionson . 12 1 9 4 1; 9 14 : Identification of Subcontractors and Suppliers Defectttle ror 1c; Acceptance, 5.2.1 Indemnification Rejectieft ail . Gt ' 2 3, 2 4, 3 ; �: y1,,%.6.6, 9 8 2 9 93; 3.18; 9.10.2, 10.3.3, 10.3.5� T 2, 11.3.7 9.10.4 - l2. =:1 1 2 3 r '� x Information and Services Requiredtf# the Owner *= Defnttons ' r Y 2.1.2,2.2,4.2.6,612 6.25,96.�i,9:6:4,9.8;.9.9.I, 1.1, 2::1..1, 3.1.1, 3 12` 3A,2 , 3.12.3, 4.1.1, 4.1.2, 9.10.3, 10.3.2, 10 3 3, I T.3.4, 13:S.I, 13.5.2, 72.; 7.3.1, 8.:1, 9 1, $ 1 �15.i .1 14.1.1.4, 14 1.3 Delays arrd Exteittsi ns of e initial DecBion' $ 3, 3 7 4, 5.2;3, 7 . f 1, �:4; 8.3, 9.5.1, 9.7, 10.3.2, 15.2 10 4, 1-43.2, :I5 5 initial Decision Maker, Definition of ,._ DisPutps ?`. 7 3.8, 7 3 9, 93; 5 1 1 2 �Y Initial Decision Maker.; Extent of Authority DISP IfiES, 14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5 3 2 4, .61.1, 6 3 7, 9 3 3;'I5, 15:4 Injury. or Damage to Person or Property Documents and samples at the Site 3.18.1, 10.2_1, 10.2.2, 10.2.8, 10.3, 10.3.3, 10.4, 3 11 x 11.1.1 Drawiings, D nitionInspections 1 1 5 3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Drativiiigs aft pecifcations, Ownership and Use Instructions to Bidders 1.1..1,--1.5,2.2:5,3.11,5.3 1.1.1 Duty to Review Contract Documents and Field Instructions to the Contractor Conditions 3.1.4, 3.3.3, 3.7.1, 4.2.4, 5.2.1, 7, 8.2.2, 12.1, 13.5.2 * " ;3•2 Instruments of Service, Definition of Effective Date of Insurance 1.1.7, 1.5, 1.6 8.2.2, 11.1.2 Insurance Emergencies 6.1.1, 7.3.7; 8.2.2, 9.3.2, 9 8 4,.9 I, 9.10.2, 10.2.5, 10.4, Employ es, cbri , ctor, s Insurance, Boiler arrt3 Machinery 332,43,3.8,39 3181,3.18.2,4.2.3,4.2.6, 11.3.2 ' 2, 103 3, 1.1 <l, T 13.7; I4.1, 14.2.1_I Insurance;' CQptractOY'S Liability Equipment, tabor, 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, 3.15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 8.2.2, 11.1.2 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10;2.4, 14.2.2 AIA Document A2321" -- 2009 (formetly.A20# T Cma—1992). Copyngf Y snit WARNING. This Able Document is protected by U.S_ Copyright Laver an AIA® Document, or any portion of it, may . exult in severe civil and ciirn under the fare. purchasers are not permitted to reproduce this document T o 5 • i� �yi � 111}iiq .~•',4.E+f1\J .U©.7? r - f h 12 4.•!. 1�F6 t"5 _ M l .}.-.j 414 11LLAXOT�.?R.O�� - 'ypj�j i. i 4 y' ..a a-SilranCeatpt) ,�1$i: ce--"s� -'bJ'� ante C anes �, 10 < 7 4d tc4 An tc the ' �g.'� t of tii act btu F:1 1, L 1 2, 3.11, 4 1 ;4 2..14.5 2 3, 7, 11 3 1' . �4.2.I n " 11�Itxttial Roo-ond 1A wrest _ 6 2 J3�L lPe ottcotiforming Wadi;�cept�nce tx1 P 9 4 3 9 5 7. 4lor�co�ormirig. Worley 1ect arzd 06tgr.eo€� pul t e { F t�r, y� k� 23,2�1,32 3.73,9:3,_i�,83,99f } r 42 2. 71I1112.1:,12..2.3,122A- �6jftil 4Y2 "d,t s R Nott: e �•. 2 1.2, 2.2.1" 2A� y 3.92,3129,5.21 63,941,,911,9102, r L 2 rr - i022,1:02 ;302- 1032 ti3c6,1222p;,.1 M ds e>nt .13-5.1, 1.3 5-2, 141 2,1=4 2 2, 744 2 1w 12,,4s l�bori . 2, 3 13a 3 1,6,.. 15.1.5.3, 15-2, 15.4.1 ��' 3 12 7 3 9}3 2,• 9 3 :, . Notice of Clai: s 9 5. lstla2 2 ::1, 14.21, 4 2 3.7.2, 10,2 8, t5.1 2,15.41 Notioer4 Te-ling and t5p ons: RL 8 F aFw 13.5.1, 13 5 Lase cl Rego a068" Notices, Petn�tt�,Fces attd 3 2 ,.32.4; 3 T, 1{12.3, 13. 5.1, 1�k.2:I 3.7, 7:3.7, 10.2.2 Observations, Ozt-Site r �a lxx:4 � . 2 12, 9w3, 9 IOC; 1.C1, 15.2.8 3.2.1, 9.5.1, 12.1.1 a L�rnttattpn,or C lift0on orJoiinder:: Occupancy 15 4 4 2.2.2, 9.6.6, 9.9, 11.3.1.5 On -Site Ins ectioxts Lim-, "falions, 8t� P 4-2 2, 9.10-1, 9.4A, 9.5.1 LimitqKons;of,A thOOrders, Written 3.12 4, 4.1 "3,.2: l6 4.2.7, 4.2.18, 4.2.20 Lirno'glions of Liability" Other Contracts and Contractors 9.6. 7, 11.1.1, .12.2 1.1-4, 3.14.2, 4.2.9, 6, 11.3.7, 12.1.2 Lino#atibns of Time OWNER 3.10.1, 4.2,17, 4.220, 8.2.1, 93.3, 9 6.1; 9..8-4, 9:10.2, _ 2 10.2,11.1.3,12:1-1,12.2.2.2,12.2;5 13.7, .14.1-1; 15,2 6 l -Owner, Definition of Loss of Use Insurance 1.1.3.3 Owner, Information and Slervtcpes Bequ�red=vffhe Material Suppliers - 2.1.2, 2.2, 4.2, 6.1.2, 6.1.3, 6.2-5, 9 3 2, 9.6_1, 9.6A, 1.5.1, 1 5 2z 3.12 42.6, 42 8, 4a,. 1 410 9.9.2, 9-10.2, 10-3.3, 11 2 1 11'.3 9.5.., 9 ${,Im 9.6.7, 9.1Q 5, 113:1 14.1.1, 14.1.3, 15 1 3 Owner's Authority 101,4113. 1-5,2.1.1,23,24,34.2,312.10,3.142,4.1.2,4:1.3, Mra1s, a tupment and 4.2.8, 4.2 9, 5 1, 5 2.4 5.4.1, 6 1, 6.3, 72, 7.3.1, I.1.3, 1.1.6;1.5.1, 1.5.2, 3.4, 3.5, 3.8.2, 3.8.3 3.122, 8.2.2, .9.3.1., 9: 3.2, 9.5.l, 9.6A; '9 9.1:, 9.1'0-2, 103.2,. 3.12.3, 3.12.6, 3.12.10, 3.13,1, 5.2.1,E 2.,1x 9.3,.1 11.3.3., 11-3.10, 12.2.2-1, 12.3; 13.:5.2, 14.2, 14:3.1, 9-3.2, 9.3.3, 9.5.1, 9.5.3, 9.6-4, 9.6.5, 9.6.7,.9.10=2, 14.4, :152.7 9,10.5, 10.2.1, 10.2.4, 10.3 AIA Document A2327" — 2009 (formerly A204'� C1Vla y99�): l epyright Q ,�9� and 2QD9 by The Ameiican.Eesbtute of.Afohtleets. All .rights reserved. snit. WARNING: G: This AiA®DoG m t ;s pr€iieeted b i ap+)€igh r sv:atTt # emat�4nal Treaties! Unaut>'Sorized.rap.-6ducliors ar d[str 6uNon of thix Ale Document, or any portlor, o, it may result in severe cevj€ and:cslrfrinat^}ier3a ties> and will beProsecuted to the maxtirum extent Po5 ible f under floe law. Purchasers are rsot permitted to reproduce this document. Td iep 54 copyright violations of AiA Cior}tract Documents, eanail Th6 American Institute of Architects' legal counsel, copyright a@aia.org-