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HomeMy Public PortalAbout083-2012 - Metro - Trademark Construction - Rehab of NSP propertySTANDARD 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 following project: Vaile Neighborhood Stabilization Project (NSP-3) Rehabilitation of house (also known as Base Bid Package A) located at: 215 South 101h 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 83-2012 1 7 TERMINATION OR SUSPENSION 8 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 WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. 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) 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 Hundred Sixty-one Thousand Forty-one Dollars and Zero Cents ($161,041.00), 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 June 7, 2012, Contractor was awarded the amount set forth in §4.2.1 above for the completion of services as set forth in the May 1 oth and 17th, 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 §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. §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: .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 (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 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 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 legal rate prevailing from time to time at the place where the Project is located. One percent (1%) §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 174-2011) 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 174-2011. §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: May 10`h and May 171h, 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. 31 §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. §9.1.6 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 A 132Tm-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 of them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage 7 Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence N E. Comprehensive Auto Liability Section I. Bodily Injury Section 2. Property Damage 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 By: icki Robinson, President "CONTRACTOR" Trademark Construction, LLC 189 Fort Wayne Avenue Richmond, IN 47374 By: Printed: TF RRY ian Lawson ember By: j2. Title: QVJNEk MEm E le 4ntho.r, II, Oem*ber Date: APPROVED:_QL� � / �jQxv� Sarah L. Hutton, Mayor Date: 1/& - Date: L't .L3,::2 o r a 8 i r 1 CONTRACT DOCUMENTS As referenced in Contract No. 83-2012 Article §9.1.3 Contract No. 83-2012 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. 83-2012 (5) A-232-2009 General Conditions. (6) Bid Specifications dated May 10`h and 17`h, 2012, and any associated drawings and addenda. (7) Contractor's Response dated May 31, 2012, to Bid Specifications Document A232Tm - 2009 ' General Conditions of the Contract for, Construction, Construction Manager as Adviser Edition for the following PROJECT: (Name, and location or address) TI-4 CONSTW QUON ER: (Notre, legal stylus A14441ress) A TFJ 0 RUXTWY Al CHANGES 'INTHEWCf TIME, PAYMIrNS ENE "ON This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or moclification. This docyr!,writ Is intended to be WOO in 4Gnjuhetion with AIA 'F Jul IL t an d Contractor, -n r as Adviser 11% -5AWI-dard -CbrVstftxc r I and dTann-of and -4 v .0 -4 A 4 Z2 k iNDEX Architect's Administration of the Contract (Topics and numbers in bold are section headings.) 4.2, 9.4, 9.5, 15.2 Architect's Approvals 3.12.8 Acceptance of Noneonforming Work Architect's Authority to Reject Work 9.6.6, 9.9.3, 12.3 4.2.8, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 1.5 Access to Work Architect's Decisions 3.16, 6.2.1, 12.1 4.2.8, 7.3.9, 7.4, 8.1.3, 8.3.1, 9 2, 9.4, 9.5, 9.8.3, 9.9.2, Accident Prevention 13.5.2, 14.22, 142.4, 15.2 to Architect's Inspections Acts and Omissions 3.7.4, 4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 3.2.1, 3.2.2, 33.2, 3.12.9, 3.18, 8.3.1, 9.5.1, 10.1, Architect's Instructions 10.2.5, 13.4.2, 13.7 3.2.4, 7.4, 9.4 Addenda Architect's Interpretations 1 L 1, 3.11, 4 2.14 4.2.8, 4.2.17, 42-18 lrithtion�l Costs, for Architect's On -Site Observations 9.I0.4, 10.3, 4.2.2, 9.4, 9.5-1, 9.10.1, 12.1.1, 12.1.2, 13.5 10.4 11, Architect's Project Representative dns�s wing 4.2.16 } _ 4a 1 Architects Relationship wig Contractor' Y x I1.2, 1,5, 3.2.2, 3.2.3, 3.2:4; 3.31, 3r.42, 3, 3 7:4 2. `�ral 3.9.2, 3.9.3, 3.10, 3.11, 3.12.8, 3.16, 3.18, 4 2, 5.2, o f.22, 8.2, 11.3.7, 12.1, 13.5 Architect's Relationship withCvnstruetiori MatXaer ai1ct _ 1-1.2, 9.3 through 9.10, 10:3, 13:5.1 1I13, 11 � 1 13.4.2, 13.5`AA n fide n t4''d Architect's Relationship with Su6�_o'trts 1.12, 42-8, 5.3, 9-6 3, 9 6 4 ffe ct ; ' Architect's RepfeseutattoM 4# y. 9.4,95,91(11 yd`(`tss Architect's ttc. Vi-tits w 4.2.2, 9.4, 9.5.1, 9,8.3, 9.9.2, ,1(?.I, 13.5. Certificates for Panf Definit o* of 1rchit 2 4.,11 niL;- �1/A®NI ihder t 16stitute i Building Permit Concealed or Unknown Conditions 2.2.2, 3.7.1 3.7.4, 4.2.8, 8.3.1, 10.3 Capitalization Conditions of the Contract 1.3 1.1.1 Certificate of Substantial Completion Consolidation or Joinder 9.8.3, 9.8.4, 9.8.5 15.4.4 Certificates for Payment CONSTRUCTION BY OWNER OR BY OTHER 4.2.2, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, CONTRACTORS 15.1.3 1.1.4, 6 Certificates of Inspection, Testing or Approval Construction Change Directive, Defmiti'on of 13.5.4 7.3.1 Certificates of Insurance Construction Change Directives 9.3.2, 9.10.2, 11.1.3 1.1.1, 3.4.2, 3.12.8, 4.2.12, 4.2.13, 7.1.1, 7.1.2, 7.1.3; C,h,ange Orders 7.3; 9.3. 1.1 1:1:1, 2.4, 3.4.2, 3.7.4, 3.8.2, 3.11, 3.12.8, 4.2.12, Construction Manager, Building Permits 4; 13, 4.2.1t 5.2.3, 7:1.1, 7.1.2, 7.2, 7.3.2, 7;3.4, 2.2.2 a 6, 7.3.9, 7,3.10, 3 1, 91f,1, 9.10-3, 10.3.2, Construction Manager, Communications through 11.3:4, 1 bl#$,' 12 5.1.3 4.2.5 Construction Manager., Construction Schedtdv N2 3.10.1, 3.10.3 GONSTRUCTI:C)N41Alw AGER T , r > t Construction Manager, Definition of 4: , 3 14, 7/ 8.3.1, 404 i 4:1.� s,RPP , - - _� 3 :Construction. Manager, Documents and. $at X: 1 = �_� Site = z 3 1.1 2, 9,#.3,�3,: Construction Manager, Extent of Authot, 1 3.12.7, 3.12.S., 4.1.3, 4.2.1, 4 2.4, 4 , ,3 1, �. 1 Y - < 7.2,7.3.1,8.3,93 1,9419��43,82,3, 9 10.4, 10.3..2 1 #, 9.8.4, %9.1,12 1, U.2.1,.142- 2, 1- .2 4 x# °' Cons4gdt on 1$ r,1.im tatiai s of titht riVa . Ac11 a 1esponstbtl>1 �; 4.2.9,, '3.4: C 'WO{ Y ` 4rc3n/;ysttti $, #ttals ri �� y `, �Y�of±'#�+FIWFfk'L`a�',�-� ; 3 9334,s',�11e Nonce*of the torlc,yR u icatioias, 0Vmorto A1014 6 munications, Owner to Ca nmuncations, Oder tp C �..:t� 6 -z3 otnpletion, N' Ost* Al- 0 iq� Construction Manager's Relationship with Contractor Contractor's Liability Insurance 3.2.2,3.2.3,3.3.1,3.5,3.10.1,3.10.2,3.10.3,3.11, 11.1 3.125, 3.12.6, 3.12.7, 3.12.8, 3.12.9, 3.12.10, 3.13.2, Contractor's Relationship with Other Contractors and 3,14.2, 3.15.2, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 4.2.6, Owner's Own Forces 4.2.9, 4.2.14, 4-2.17, 4.2.20, 5.2, 6-2_ 1, 6.2.2, 7.1.2, 3.12.5, 3-14.2, 4.2.6, 6, 113, 12-1.2, 12.2.4 7.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, Contractor's Relationship with Subcontractors 9.7, 9.8:2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2,.9.10-3, 1.2.2, 3.3.2, 3.18, 5, 9.6.2, 9.6.7, 9.102, 11.3.1.2, 10.1,10.3,11.3.7,12.1,13.5.1,13.5.2,13.5.3,13.5.4 11.3.7,,11.3.8,14.2.1.2 Construction Manager's Relationship with Owner Contractor's Relationship with the Architect 2.22, 4.2.1, 10.3.2 1.1.2, 1.5, 3.2.2, 32.3, 32.4, 3.4.2, 3.5, 3.7.4, 3.10.1, Construction Manager's Relationship with Other 3.11, 3.12,,3-16, 3.18, 5.2, 6.2.2, 7, 8.3.1, 9.2, 93, 9.4, Contractors and Owner's Own Forces 9.5, 9.7, 9.8, 9-9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.12, 4.2.4 15-2.1 Construction Manager's relationship with Contractor's Relationship with the Construction Subcontractois Manager 4.2.8,5.3,9.6.3,9.6.4 1. 1.2, 3.2.2, 3.2.3, 3.11, 3.5, 3.10.1, 3.10.2, 3.10.3, Construction nager'sSite Visits 3.1 1, 3.12.5, 3.12-7, 3.12.9, 3.12.10, 3.I3.2, 3.14.2, 9:5.1 3.15.1, 3.16, 3.17, 3.-18.1, 4.2.4, 4.2.5, 5.2, 6.2.1, EYoirstrtletrnih$ts, Cantor's 6.2.2, 7.1.2, 73.5, 73.7, 7.3.10, 8.3.1, 92, 9.3.1, 33 10,3-21 3); ,6:12t1� .5.2 9.4.1, 9.4.2, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 1ontgrinfARznnrewcoit#,racts 10,2.6, 10.3, 113.7, 12.1, 1.5.1, 13.5.2, 13.5.3, 5 4, 1- 2 13.5.4 ofiurn G§vr a.=nftce Contractor's Representatrp 15L3: 1. 3-2.1,3.2.2,3.5,3.l26,6.zZ2,8.2.1,9.3.3,9.8.2 y'ni ac-Contractor's Responsibility for Those Performing the F1,12 a Work ` NT " C 1? � � � N OR SUSPI NSI(�N 3.3.2., 3.18; 5.3, 6.1.3, 6.2, 946:1, 40,2 8 Coritractor's.Tteview of Contract DOceuts rt 4 " ' .K 3.2 ' o1kt �on _m._ Contractor'§ Right to Sl� *` i ttitr, Condition vlat'ing,„ Conttactets. Rx Est to 'T`anmfirtate the Contract 14.1 s� s r1?, S I 36,.1.1.4 1 contractox's`ubDiitlalt; i.. = z acr `D Fttrai-sbdd aO se of 3 10.2, 3 t 3 1 , 4w , " , w5 9.g 2. 9>91, 9, m2; �. �< _ _� � �.10:3, 11 t titrtr f Gopfcactu 's: tE e pte�d s ,a ,0 ' F `� �y�` r +gf ; , 3{ > 4 =# 4Y _ >t s` i 7'rk:3, T 4�, ry7.,��� 6 7 .7, lb,,3;2f 1I 3 ,1 1, 12• tt r 1 r i } Y a 3'irxrg x: ,i Xa3,.33.� 6�I, tti I 3.75,4,3:102'523,7A3,7 1>RA Ul ,8.1_1,81;$_1.3i,�411-410 �3�b - 1 et Timo; I��fi#�n of *����E�� , � E� "-�'�, � � _ -� -� _ �.•�a�. WaR N� i -y ;{�Y .}f 7y� 51 _ St II�jy�I '�' £` ;', '� �, 1 {n� 5' '= Es t -2':'3iy t - 3 -k ,it s!' ¢ j .'�h�h a s. J, 11.5.`. 4. (`�nntracfor'S I✓rn"racy _ _"£> n '�,',t..,�"�{� .a�.:4 Pi .f�3aM• 4 ,3< a��� > a > .i j �: ,A �`Z. "` f1�� y ��•� �}:,"�:,`�E €> r�a � „�' � 1 ;. _ }� � � ej,,_ � ��. f,,,,,.}, ".�.'�� �` i��" ''"� - '"e�- 'V, 14�1r w I1oeu'men tx any ti ? c{ r [iJier the tayurtSP J ''"$ iri3titui6 or ArcFufecr5`Te� . Damage to Construction of Owner 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, 33.1, 3.4.1, 3.5, 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.4, 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, 11.3,12.2.4 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Damage to the Work Extensions of Time 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, Damages, Claims for 10.4, 14.3, 15.1.5, 15.2.5 3.2.4, 3.18, 6.1.1, 8.3.2, 10.3.3, 11.1.1, 11.3.5, 11.3.7, Failure of Payment 14.2.4, 15.1.6 9.5.1.3, 9.7, 13.6, 14.1..1.3,' 14,1 3, 14.2.1.2, 15.1.4 Damages for Delay Faulty Work (See Defective or'Nonconforming Work) 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 15.1.5 Final Com..pletion and Final Payment Date of Commencement o;f the Work, Definition of 4.2.1, 4.21`5, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 8.1.2 11.3.5, 12.3, 15.2.1 Date of SubstMtial CoModtion, Definition of Financial Arrangements, Owner's 8.1,3 2.2.1 Day, Defm#Wh of GENERAL PROVISIONS S. 1.4 1 Dcsio of Governing Law a%Yj4, 4 .2 . 13, 42.15, 4.2.16, 13.1 �.: 1 Guarantees (See Warfanty and Warranties) .2,142.4,154,15.2 Hazardous Material! D f an er 10.2,4,. ab 8 fdealifibdtion.cifC-putt-W, Documents z on 12.1 Identification of Subcontsacteirs and Suppliers Acceptance, fi 2.1 : 1[ntlemnif[ctron $.18; 9 i O 10 3 35 .; 103 " i0.3,6f 1131;24 11.3.7 lriiformatltlii arndet^�#Qeied of the Owner i., 2.1.2, 2.3 � �4 fn, 6 , ( �i 1, 9v6.4, 9.8, 9.9.3, 1, 3:12.3, 4.1.1, 4.1.2;>' 9.103, 10i3 13.5.1,13~5T;� 2, da�,r 9 1. 14,1.1 A 1 :1 t 15 E us.e Irnbal lo+cint►ni - a '1 1,115 ie4�ilcafiC�1s;l " _ x awva _� Insurance, Loss of Use Means, Methods, Techniques, Sequences and 11.3.3 Procedures of Construction Insurance, Owner's Liability 3.3.1, 3-12.10, 4.2.5, 4.2.11 11.2 Mechanic's Lien Insurance, Property 2.1.2, 15.2.8 10.2.5, 11.3 Mediation Insurance, Stored Materials 8.3.1, 10.3.5, 15.11, 15.2.5, 15.2.6, 15.3, 15.4.1 9.3.2, 11.3.1 Minor Changes in the Work INSURANCE AND BONDS L1.1, 3.12.8, 4.2.13, T 7.4 11 MISCELLANEOUS PROVISIONS Insurance Companies, Qonsent to Partial Occupancy 13 9.9.1, 11.3.1.5 Modifications, Definition of Insurance Companies Settlement with 11.3.10 Modifications to the Contract Intent of the Contract Ddoigients 1. L 1, L 1.2, 3.11, 4.1.3, 4.2.14, 5.2.3, 7, 11.3.1 1.2 4 Z 187 2,19, 7 4^ r Mutual Responsibility Iittorest . 6.2 Nonconforming Work Acc-en"fance.of 42, 1 i44 ,fu�gllle 15A.2 1 1 12,E 3", 4.2.1 -i 11. -3, of Use .2, 933,9 7n , ' 1 8 9.4.3, 9.8.3, 12.3 Nonconforming VVork, I kj,� -- W Corr=tioli of s nt 2.3, 2.4, 3.2.3, 3.73, 9,'P39`$i,9.&:3,.9.1; ¢ `` .� 11-1.1}12.2.2.1;1223.;ft�i4;.:1�•,2.5 k Ii Required Notice 1.5, 2.1.2, 2.2.1, 2 4, 3, 4 1'1:,: .7.12 3.7.2, 3.7.5, na _ 3.9.2, 3.12.9, 5.2.1, 6.3,9,4.1,9=J`,9AQ-A 910.2, 10.2.2, 10.2.6 10.2 8, 1Q r G, 1-2.2 2. k, 13.3,'- aV t 13.5.1, 13-5.2, 14.1-2, 1 2-14. l f , 1.. 1.4, 3J2 3 3 1 ,. 15.1.5 1, 15.2, 15.4A 1,. 31 9 3, Notice of Claims - :- 41:1, 14.2.2 ; 3.7.2, 10.2.8,15:12 1��• _. _ = ._... , S Notice of "T'e�ti�� aniil Notices, Permit,s�z'tI; z . 2 13 I 14 - 73.7, 10.2. Observations, O&M%0,' 3.2.1, 9.5.1, T , : I ice, P.r+'. �3 a r " ; nk .y & '� .�, '`ra�jj' `r � 7•.., a�., s.x-N c r '�� F :. C �� �' s 5 1. Owner's Financial Capability Product Data, Definition of 2.2.1, 13.2.2, 14.1.1 3.12.2 Owner's Liability Insurance Product Data and Samples, Shop Drawings 11.2 3.11, 3.12, 4.2.9, 4.2.10, 4.2.14 Owner's Relationship with Subcontractors Progress and Completion 1. 1. 2, 5.11, 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, 14.24, 15.1.6 Owner's Right to Carry Out the Work Progress Payments 2.4, 12.2.4, 14.2.2 9.3.1, 9.4.2, 9.6 Owner's Right to Clean Up Project, Definition -of 6.3 1.1.4 Owner's Right to Perform Construction with Own Project Representatives Forces and to Award Other Contracts 4.2.16 6.1 Property Insurance Owner's Right to Stop tC, Work 10.2.5, 11.3 2.3 Project Schedule Owner's Rig,40 Suspei fhe Work 3.10.1, 3.10.3, 3.10A, 4.2.2, 4.2.3, 4:2>4, 14:3 X" PROTECTION OF PERSONS A":PROPERTY Owner's Rio, to Te�at� �� Contract 10 14.2 Regulations and Laws . Specifraations 1.5, 3.2.3, 3.6, 3.7, 1203. �i 4,1 1,.:gf6 4, 9.9.1, 4nd_+1C 10.2.2, 11 1, 11.4, 13.1 1I=1I, 13.:2, 13,6, 1.1r 1t z , 10,':3,17,4:214, 14.1,1,14.2.1,15.2.8, 15.�. 4,.2 18, 42 n Rejection of Work 'axt�"l� 3.5,48,12.2.1 .2: Releases of and Waivers Ant�,,€T� M . atehirtg; 9.10.2 A r 5 Representations ; ateid Cop:.. _ 1.3, 2.2.1, 3.5, 3.12, 6 2�,:.,'ZtLf=, f3; 915 1, .17 �p :y Representatives # :4 2, l sb, .2 'S , 41 r9.S, 9.7, 2.1.1, 3.1.1, 3 9, 41.1I'A 44.�a2, 4 2,kQ 5.1.1 F odor 5.1.2, 13 2 1 e Requests £Ocfi4n . 4.2.20 , Resolution of C.Iaiins 4101-i f . _ Y j ,a i5 l Y Responsibil tq fot 33.2, 3.73, 312.:.1 162;1 A2,63,9.5:, 9:i . 4 P or AAA sY 9.3.1 4.6g�9 $i� Az n a lnts to Subco fttacto a .2, U, 9.5.1.3 - 5, 14:2.1.2 ` bar t� ;U Ys .� '' ,. RUN. ..,. �a �� u-y- _. �.Ctw'i y' i i� e'ttt�ried. B atiphenI alesd Iyehi '_y '0,3.11 hk. j •,.qY i'y a ! ? ;t!k: Y•>yi'• 'Y tA-DoCWngnf A23AAt 2T"' Vi�G This NA'�tlaCfrBdf#�4�fi i Q¢ �)OCtQtI�]'ity OI�t7Jl;}�:SF�ib(1.Of 7f��1a.. �Y - - �.C�Ft�IC�819':�.i�U?f%'6&�� � A.t r �i�t•; ��r�`g �eY, z. fifute bf . . X�_ �'''±. .. ._ ..-. ,. .i:.. Safety of Persons and Property Substantial Completion, Definition of 10.2, 10.3, 10.4 9.8.1 Safety Precautions and Programs Substitution of Subcontractors 3.3.1, 3.12, 4.2.5, 5.3, 10.1, 10.2, 10.3, 10.4 5.2.3, 5-2.4 Samples, Definition of Substitution of Architect 3.12.3 4.1.4 Samples, Shop Drawings, Product Data and Substitution of Construction Manager 3-11,3.12,4.2.9,4.2.10 4.1.4 Samples at the Site, Documents and Substitutions of Materials 3.11 3.4,2, 3.5, 7.3-8 Schedule of Values Sub -subcontractor, Definition of 9.2, 93.1 5.1.2 Schedules, Construction : Subsurface Conditions 3.10, 3.12-1, 3.122, 6 1 2,1.5.1.5.2 3 7.4 Separate Contracts an Caitractors Successors and Assigns 1.1:4, 312:5, 42 4 621.2.11, 6,-83.1 .12-1.2 13.2 Sho Drat 4ti �IDe1*tom o =` . Superintendent 3'.12.1 39, 10.2.6 ' hop D� 1'4I b t rid Sarnples Supervision and Construction roceditres 3 11, E , 1.2.2, 3.3, 3.4, 3.12.10; 4 2 2,42 3, 4:2,8 - 4.2.9, it�s> , diC 4.2.10, 4.2.11, 6.1.3, fi 2.4i 71-i�, 3.13, l.l;pb 2 9.4.33, IQr=12, 14, 15.13 Situ fH ect�Ep� Y F . Surety. r .2.2, 3.3. 3 x , �.2.1-5, 9.4.3.3, 5 4.1.2, 9.8.5, 9.10.2, 9.1043_ , 14�:2,2,.1 :2.7 83, 9t0 Surety, Consent of r t� '1�ite V istisn;�rc,1n 5� _ _ 9.10.2, 9. l 0.3 = a� 7.4 ,4,c 2, 4s2 , 9. 9:fTrf, 13 5 Surveys -. eolt 1.1.7, 2.2.3 ,144P =_ ; a Suspension b the Omer fA �i1e 42 j — s1 p y Y3peCir was ro - 14:3 - Suspension of the {t t its' t 5.4.2, 14.3 y� k x la I. 2.-Z "f; 4 2.14.. Suspension ctTerinziistti tee t 3 6, 3.8-2.1, 7314 Terinirmuou by fie �':O- 'Act a 6 41 y{ rI is a X N f� Y 1 4 ,9n TP`s ORS 5 7 yQ^r y :gyp ,ry; I7 tI2Ctoi&a Werk by - — _. _._ . � .. ,� ... �.., , 7�2:..5t m� ��•s•��. ���' .'.- -Y-�r r. .i... 3. yet: .. _. r ...r, s:.., _ � .,.. . ��'�"S�..z.._. - z.r a 4 , 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, 13.5, 13.7, 14, 15 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Farm 1.6 UNCOVERING AND-CQRRECTION OFMORIi 12 Uncovering of Work i2.1 Unforeseen Conditio s, cealed or -Unknown 3.7.4, 8.3.1, 103 Unit Prices r T3:3.2, 7:3:4 *Aj 1.2 � 6 1 v Use of , t 3.x23� 6.11 1, f 4 'A-Inesi Seltodole d� 4a,. 9 3.1 Waiver of0a e x Waiver. of Clams k T tic3rt %Iane w4�f`C1 Waite 4 r r Ito).- r qAy{�., _'� r9 s_ si 'F-✓ r 1s. � �• et ; Y .{'is ' T �} it a 3,'�ir� 9 aw j ` of Of x*eii# t �� • n6 r-Mn ;t Sft,ta•si IMF . i�7.."y Consenttr�,ep t .2, 3.4.2, 5-J 4, 3.11 kMA 1; 9.102, 9,101110 t4.2 yt k ,Y YRua i s;+}tam�k T.� ��}�}�.�(yys� : wr.�. - _ r � y' .xoae✓ tY s" „�� ..�c. ,p � z �� a r �. �s� ��,�` r � RFrlitC-n Interpretad6ns 2.17 4 2.14VIP T10Ee eTS 15.1.2 AfA pocum�'imt �1334� �'�Oe ��el a:iNAR1405 AA f) TbR. Aoc1Ei 'il # ,AIA` Dodument or �h3�t»kadti dert tow. �hStituf Of ArCflif�cls Ie�CPSefii ; ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents. The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement), and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A.Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of addenda relating to bidding requirements). 1.1.2 The Contract. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated:;agreemeit between the parties hereto and supersedes prior negotiations, representations or agreements, ether written or oral, Tire Contract may be amended or modified only by a Modification. The Contract Documents shall not W eftstrued to creat ?I contractual relationship of any kind (1) between the Contractor and the Architect or (tie Architect s cote tl ants( ) etween the Owner, and the Construction Manager or the Constructioe Manager's Ftsultat () bctueet the ©finer and the Architect or the Architect's consultants, (4) between the Contractor acid I iee Ca 40ion get et fi Lo, Construction Manager's consultants, (5) between the Owner and a Subcontractor or vbt �t�beo trador f bq4. the Construction Manager and the Architect, or (1) between any persons or entities, o 'the :e'er a A Cgi��aetor. The Construction Manager and, Architect shall, however, be entitled to 79e formanWarid: n TN,;e ofiDbligations under the Contract intended to facilitate performance oftheir duties. ,1,A; 3 T hdrk term ` " means thf. constrcti uon acid services required by the Contract Documents, whether pleter p y cutNi and includes all otltei.labor, materials, equipment and services protrided �cr to be i gvidetisby tjltF: iitrad mr- miiill the COR"w s obligations. The Work may constitute the whole or a part of the 1,1 . Pro}e t f'lte res c # the.total construction of which fhe Work erfotmed t d rtlita oittract Dgctimot l Mlol6 or a � i&—w'which may include consttuct�ioi by o f Multiple I't uah it iraotors ind lay the qM fofnalig persons or entities ttiticTr separate contraes not aciauttzstered by eke Constion .. ,r 'ifie `swings arethe graphic and:.p7et6r a1 point ns of the Contract I%cume is shoat. t� z3 stotis ofthe Work e ` > gratly tncludi#tgas, elBatFOtiS, Sf�Ct10QS, dt311S sch"; xF - Y S..Tate Speet icafions aIe'tft t Al b rt�a�t Uacuitse�t� Consisting csf the i tt�: � _ `� a-ffrffveloafh of the tangible alk ,6` is under"their r�slsectcv�;l on; studies; surveys, intOd a Init7� Deciiorr pIo#ce>n Thy iQII$ "f311 Clamp LIL aecolrlap� n n reC''ften tt d fed is and .rona�i R T3'lurl i?f t;lcpreS�S10n n(slF la _ § 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. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.41nterpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1c5 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective I truments of Service, iaOuding the Drawings and Specifications, and will retain all common law, statutory and other ,N served rights, mclucopyrights. The Contractor, Subcontractors, sub -subcontractors, and material or equipment plsliers tia#I not c r claim a copyright in the Instruments of Servim .Submittal or distribution to meet official K reilatgi reuirets or fir other purposes in conaection. with this Project is not to be construed as publication in � � rog dti the cdlitect„ or Architect's consultants' reserved rights. t4 Cfluttorttractors, Sub -subcontractor, and matral o equipment suppliers are authorized to use ' educe e I of Service provided to them solelyd insivety for execution of the Work All ikt ` a, made user t s ��ovpfion shall bear the ,copyng-ht itrot ;e ffany, shown on the Instruments of Service. o ?a- •. acts T ors, subcontractors, and matedol=at' erltrigtnertt s uppl ur4 may not use the Insbnimm f ice onthe is gddtions to this R. ; � t vttkfde the scope ofthe-Work without the specific van' nserit of thcPer, f and the Archi#t' €ousultatits. < 1k. I�' �sttti t t[t ?i lfal Form .� n t1 f�istraments esf se oe.or any other infpt iation or.docuri ntatuon in d€gital ,:they _s to e x sary protocols govetxking suoli u nsmis om, unless otliortvise already ravided is the ' the ocuments. san or CT° nunr eith resp.t� a#� u�Et��t c1e ,4, the Cow;' igta the Owner or the Owuoes rut l er s% furnish to the CDO ow ~>A- 41 acid relevant for the Cflntrae x,lr i tion a I inulude A c€ revolt Mttt��ff�h� re&rr�d to as the site, and r' to rt Information and Services fte_ItJrw, oI 0.1 Prior to commencement ot1ao, t eifee that tho Owner has mad* xpta�i ; :der,-flt COMMtetor way c , re C , ct I erctumelrts rep in writtti4 ecs f nbtivo "WhOl 9MA ha 'a. repro or #ht= x � e 14t have j*h a)owft 0a , F; �L�1 of a Writtor req kl�45 W11feb fhel1 oet.xstot t eh $hancial a tgem�i[ L 2.2 Except for pnits and €ees tit >:F3ts� � � including -these refit fired tuider See13t� --assessmenis and charges iequired fctr wxtinticc€iY ,at4 1 ac� z M ` �. ?7slAbocumeilt•A433��009 (Iofnt�tiit��91'iOP , -': £�rAtz%ttrtG. r#i1s �z► noFt+meit#'3s p�t8t� hf �������s�e�� a�� . H �4'�D6cumm�n%flr�ng-j�,rtianof����ttt�#'�titeKcElVii>t���'��ct,�fli�p�l�` ��� s under tn� Ia'w.. #?ureF►a�e.?ar not, r�haii 1 d #epi'�eittsJntr� _ (nsfitute tst Arshit�Cts-aeg�l counsel, t�pyt?�f�Y�ia.�r'g; ��: Y � `� changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's vtritten request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract :Doeuments for purposes of making reproductions pursuant to Section 1.5_2_ 2 2.6 TheV*r a i _ a c P id ireed b} S06, V-1 V'6fl to forward all communications to the Contractor through the Construction Manager ,ide the same communications to the Architect about matters arising out of or W lorkWork that is not in accordance with the requirements a€the Contract Documents as ptediy fails to carry out Work rn-aecordaft- -w th:the Contract Documents, the Owner tUe , pntractor to stop the Ws3rl� or auy portr, tkOreof; urktkl the cause for such order has �t of the Owner to tup tJ.kVibrk shall not,&e _ciae to a duty on the part of the ate benefit of the vntrar ti r or -agar other pees©a 6r entity, except tcx the extent A tfie Work; cts to carry out .the Wo l tt� ecardanG� 1 Co tra i?r cements and fails erpt crf vs�t�itten notice fr�rra the Q eX t er ce �On W comer-tion of such snce and promptness, the Owner niay, vitrthqut p t fo ether remedies the Owner may Irr such ease an appropriate Glrange tkde; slid 1 e rssru d deducting from payrnenU factor the reasp�iable cost'.%# correetrrtg sttch d en #es includiiug OW='s 40 � are ngt.,30tA� °i.41. M e Co tractor rs the persop _off �o t p _ ts=as if siixgular b° y the Prodect is located- The Qp#,,v ,&etd fi a rty to bind the Co�traetor wispe �� ,< N r�� W - retractor or the Corttractar � authc x ezl f ^ 2 The pliir 1 tutu ] u z riUracts cvit the 0.................i , Y, nor" in di; prs5 ; zr Ott_ A- ter sham 1 0, b.0e etl oeiune et er by actrvrt%e& or dtt rep n t 0 i pntract, or by.te`sts rnspectiox y y y,p .-. - oo - Qi3tS-Qr rtstitute of Architects` legal uns fop rtg:. Y iits �#rd =:r § 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. § 3.2.2 Because the Contract Documents are 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 measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by.the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Construction Manager and Architect any errors, incdnsistencies or omissions discovered by or � made known irQ the Cofftaktor as a request for information submitted to the Construction Manager in such form as the Construction #nager4�ts rchitect may require. It is recognized that the Contractor's review is made in the G'tititractor's 00pacity4 bntractor and not as a licensed design professional, unless otherwise specifically provided id the Contrad Doculgin ' _ 3.4s1 `xnaten act o froif ired to ascertain that the Contract Documents are in accordance with applicable laws, des& and regulations, or lawful orders of public autttortties, t>ut the Contractor shall on Manager and Architect ony nonconformity discover by or made known to the t ation submitted to Construction Manager in such fort h' Construction Manager e fiat additional cost or time Js involved because of elaroications or instructions the s Contractor's notices or requests for inforatiou gursint to Sections 3.2.2 or 3.2.3, as .provided in Ar le 1 S If the -Cora ttnt fails ter piXforrn the obligations of . ctor shall pay such costs and damages to the 6Wtx�r'as ttTd have been avoided if j s obltgatis is If the Contiac-tor perfornis'thot;e. bbllgat ems, the Contractor shallnot t ft3r damages resulting from errors; :tilts m tl'e Contract een:-_#`ieid rneasumr�nts or eoz�dit�,oris.;atrd��e �Sii�a�t ��c�ma�ts or for ' Documents to applicable'laws, sfatrztes,.otna3�t rct�s and regulations, and riti,es. = , Procedures ise and dh-ect the wk, using the, bole. fer, and have ambW OV4V, :coil ;g all perilous oftl ct Wvr: u4dq:r,0 IS A4ted below, A,AA -bo filly arid s1 proeedurvs , €ttto Af �totnrc �IiuIl ncctt ptt��'l�►"# k Clonstruq�.�` yesponsib> e fqr a itspw ; t:quenes or procedures = 04", or shall be• -reapt 1�4 �k $1 4 a 'tA Da - YYAI2NI A1A* Di J.Aindert l"Stitute ynr?ta orb: qr z. z facilities and services necessary for proper execution and completion of the Work, whether temporary orpermanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect, in consultation with the Construction Manager, and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. 3.5 Warranty, The Contractor warrants W.,the Owner, Construction Manager, and Architect that materials and equipment furnished under the Contract will be;of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrarttsthat the Work will conform with the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work rrraWr A-19- or,egrt me It t conforming to these requirements may be considered defective. The Contractor's wdrranty.A:W1. err ly .': wage or defect caused by abuse- , alterations to the Work not executed by the Contact€; itritrpr$r r` ` �.' t maintenance, improper operation; or -normal wear and fear and normal usage. If eq`ly the t tiger or Architect, the Contractor shad furnish satisfactory evidence as to the kind and_quai! ofii uipment. tsumer, use and similar taxers, for the Work or portio ns thereof:provided by the when bids are recerved`o negotiations. concluded; W.he.tlrX-or not yet effectisror ►Qiloancw with Laws R f dW Contract Documents, the Owner, th - ugh xlze Cr3ti tttieti Manager, shall peunit. The Contractor shall seeure and -pay £orb aW � 110 and 'en ies necessary for proper execution and co, let%m l3 S rat e?ih c ►ster iy on a t�i for tr-adt and legally required at the time bids 4-66med or rregc5tiatinns conciucled. omply with end give nab roquired. by agptiaaW-lam to es, Vices, dies, lawful 640s of phis ar<thorits aeable .�clroe#;�3�@tz�r curryCaatrary � api� -4 Ctstr#ttr;W the tip abran 1:: l i��n erg o cattd�t�trrrs of a� tr lt�r � �� -x'e ■iitiprofiit Yn=.N.7.�'ti�l.'cl�t�tYAii:�Jtt�LiA_��rs.4�'-i'�t�' t''.�.i -. _ and in_ no - will prami -ocesd. as.prt3vrdez�,r`rr h� `.5 If, in the course 6f tine vv ij. Eers archaeol�gieal srte�_cir �t`rtute of Architects' legal counsel, copytigfif�a��r7tg� '� :�� , _ ": _ �z `'�,�`• 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 with all 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 made as provided in Article 15. 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise -.provided in the Contract Documents: .1 Allowances_shall cover the cost to the Contractor of materials and equipment delivered at the site and all required; taps, less applicable trade discounts; .2 Contractp�-'s costs for unloading and handling at the site, labor, installation costs, overhead, profit and t dieiC se ntetnpI ted for stated allowance amounts shall be included in the Contract Sum but M- of �fl ces; -and J Whhtie;er cre more than or less than allowances, the Contract Sum shall be adjusted accordingly h 4 ge The amount of the Change Order shall reflect (1) the diftreixop Between actual costs ' �` es under section 3.8.2.1 and (2) changes its Contractor's ccsftdeit Section 3.&2.2.. s$ ate and Wader an allowance shall be selected by the Owner with reasoitablo promptness. 'Wufenc( r r. 1 Tlizf on a.com etent su ' . � . Y P petintendent and necessary assistants whca . be in attendancat t Pict sites ee aEthe Work The superintendent shall represent the Cx; and y Tr� anc>ti r Ystt #indent stall be as binding as if given to the CO it 4fi iT I&IWo s f pJAc tii6ble aftr- award of the Contract, shall fiirn sli e i antd 3 . ' QTV fhe home and quai%fi�:ations of.a Prbio Ndl ply. wtt 1 rlas to the Contractor in wi ttitig stltt�piir #lie ti` I�fger;rahitee#.lies reasoaable objection to pi p e xev tvr, rallurr, of the Qonstmotion Manager to rop Wid 4y' p s} 11 IBM- fit�,. Contractor shot coop d C.01 ist with, acid a: a ist4�.tiYFl�iV ry y �" W.. § 3.10.3 The Contractor shall participate with other Contractors, the Construction Manager and Owner in reviewing and coordinating all schedules for incorporation into the Project schedule that is prepared by the Comtruction Manager. The Contractor shall make revisions to the construction schedule and submittal schedule asdeemed necessary by the Construction Manager to conform to the Project schedule. § 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner, Construction Manager and Architect and incorporated into the approved Project schedule. § 3.11 Documents and Samples at the Site The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and 'one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the Architect and delivered to the Construction Manager for submittal to the -Owner upon completion of the Work as a record of the Work as constructed. - §.3.12 Shop Drawings, Product Data and Samples § 3.42 1 Sti* I awiirgs dt4 ings, diagrams, schedules and other data specially prepared for the. Work by the CoWraef©i- br a Sulicorititatctft ub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of f' §' 3, TZ;IP luc40af argilt t otitet tfana`Mmtsa -13 1'V SaMptes = whtcli thearC fudge ,a t4*h6p W in � o d asg ato thex ; ions, standard schedules performance charts, instructions, brochures, diagrams and e Contractor to illustrate materials or equipment for sortie portion ofthe Work. ples that illustrate materials, equipment or workmanship and establksh standards by Data; Satn lea .d.- _ ilar submittals are not Contract -Documents. T�itriOput se Ys e Cant a aY rupose5 to confarm-to the information given and _ Aesig i cone�t c 1€ toCrtions of the Work for which the Contract Dort require ;ib>#strtihbn 3Iari�ager is sub�eetta the limrtats k� ��� �lr �©rrstruction A+fanager"and Aiit#�# taot e�e�te�3.to t : `` ott' det�clti��er�•t��3acufietits S;ibstiit`ittaLsthat�,€ # mate ieturr eW the *' OW lxanagor or• A Chittct with Sation d�-'li'iiry�Mi'tvaT r y f revt fttr c tphantce Wi Ihe'Conti act Docrxriten#s, ap op Drdry g , z t3 ta, Sat p apd similar subnwtals ;with the-i.seipr�vc�iEby the�risti p ,�e�#1>�sablett�a� . ••-a,: _ r:,,...a� �'c:;�a,RxrE��#�anr.'#F�i-�1'f r'�i`a�st�,,a::i�`4 A.�}'i:6a�s wall `Ca : iit7i Manager, atE; art' fed-riiaterrals, field trrea'sltiC dii3a#ed the"3ff%rfnhti6lt of Ddcolfte ntS. A_ - 2.7 The t ontrattor shall p f"pew Ol ShOp Dr ivvingsz 1?iOi l s71 mall �� a di�osiso Baia, Saixipfela even w4ttea apprQvai to the sp mange Direcirve Tiffs been issued at 4mmoisifih tq orta�� �} y4 n_ rf R'Yir � :: if xYtL a �F.TiOlv3i�t�%.L.� pis � •. r WADocfifFient32'�"•�2609(fOtine''Al`t iiiL F=;yf(ANIN."fNi�ODosLr►�ritfproee �t4-4 Docurrien%. or apy pof%o�'RC it rrR3y# t ; OAder the law.: urchas`�Ys�r not•Permitt�d`d instifiite of Arcfiitects' teat couhset;'copytighi, 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 or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, itrethods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are,, specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services ilrtl st satis : Tate Cot Cii shall cause such getvices or certifications to be provided by a properly licensed design p� *ssiog-aL W.hos Aira, 4id seal shall appear on alldrmjags, calculations, specifications, certifications, Shop prawings Ari�tt£hetx. 'ittd prepared by such professional. Ship Drawings and other submittals related to 'the, Work ignedtt4 -aftt u essional, if preepaied by ethers, shall bear such professional's written appxoall �rclien bcaner acid the•Atc*iteetsWdl be ttt Jed to rely upon the adequacy, accuracy attd - hcations xnd,rlpp o-valsper.�fomed or provided by such design piiofessroitals, .oi sect have, crffecl ih iltramr or�tnariee and design t ntenx hat stxrYl7 prcdiedt 1 P * yItYrus'ify t is 3trcti l 1:ItJ, theCltatterrt c11 reviews approve or take other -appropriate al fi n s r itad pose 0f'c1Ye ofWA ormance with information given Find the dt r� ptAsed.CQ# cDoeuments. Tho Cq traet6r shall not be responsible for the adequacy ofthe IS€orriii n ecilied in the f>t3i�eur%tetrts. c art41 - Q< s _ 31 ], � -;Co Is ®tjls at re iCs to ar-eas perriiitted by applicable Iaws,_sta�iri�, ordittan , od� ltti lafttl bra oflaliri ahtltmrttes and the Contract Documentsa shall not 3 ur encuml� with nia als or cquipmdat. IN` C6tfft4- Yor sir ordinate the'Con"trtofs`Upf$at rlS�w i, aft.. sec xre the apprawak of^,'.tlrt; Corrs l� f on of the site.. 14�. allberpail8rr d rgrtrred to eomlete e r�i shah be reed to t, d�it;lrl�t}tCg�t�. , �a h hatii dr jvt Such ItStraction , Orb by wjr x tF[ Rra�nn4 s `s'saz a Pli or t3 s a ces $y dth v�-'ttsal Y p and suiiltipltrch other Mfi l '� bt unreasonably with Wd ering: the g or otherwise alt-� r t,. fi :s � } E-3 dG 8 Y 7':- 15' I 'Me Contracter shall °lam 7 bbi h ed operations i�;t .� r s - �ssa( yJ efor fails #it,� w r.! r . .. ,.: _.s.;%±r•., ....::.a�L't.±. Tw`uTe'3i Y=�» eu•2,:wlic7nls'ir`iEX31i�s`.i-°'�]KiCa7t;t:'Cs�rF ... rvranagGl w tul w.v v �. , rkcy . sa: Y s ✓ z a. v ; s ? s Contractor.` % plAIIdcUmenf�►?�2TM' �20tl9 (fa?IfiO �i 011F(sMIA- b t 6ri 1r WARNIMo This AM!' Document Atebocument, uoran7tpbftfolf rQ sfrth[ry r:. g �h under � er the taw, Pitrth�ers'are riot r�i5� Cit 3"Eid tt�i • Q at3: c fit al[¢6T Institute of AVC iIteds' legal courrlset, cop t ef8"oFy § 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. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof but shall not be responsible for such defense or loss when a particular design, process or product of a 4 . _ .particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are -contained in Drawings, Specifications or other documents prepared by the Owner, Architect, or Construction Manager. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is > promptly furnished to the Architect through the Construction Manager. §=IU Indemrtiffeation § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the- Owner, Cozistructon'.larlager, chilaect, Construction Manager's and Architect's consultants, and agents and employees of 4. and of tfa m attd ainsr l�aims, damages; lasses and expenses, including but not limited to attorneys' fees, * sex ing 4tttrcrf r r4*ttiOg R r Vrformance of the Work; psovieled .that such claim, damage, loss or expense is _ibtifa b jury tangiblq property (other than tit)uieitess, disease or death ai to in to or of the l tb t ie,extent caused b. the ne It ent acts or omissions of the ontractor, a ubcontraEtor, y g , Man:f i _ c�, dW" employed by theta` or anyone, for vahose a fs ley may be liable, r gardiess ®f etber or t sticl la a or expense is caused in par# by a party ui�de unified hereunder. Sueb obligation shall net irr}eg t a dg g educe. other rights or l Batton of indemnity that would QOi erwise exist as to a $ or phi d inr5etion- 3_ I S: y-.. y .. y -1 &2 Irk clam air t ai person or entity indemiii% cl tinder this. ectiou 3.1 & by an employee of rho Contractor, a be 0(a toP Y rr fy ar,indirer�tly employed by them or anyone for whose acts they may be.liable, the 7:- Y Agausn w' Nectidt0A 8 ghall not be (iitiitezl by.a limitationon"am9Amt Ott of amages, r 'fits "`by or""fox the Carrtractar or a �i�bcontator tutder wctxlters'pdsation acts; fit, i arts #iti mployee benefit acts. p rl4 ? 9 :° F < _ids � - A i ' oB •, d f an architect law -fully licensed to whgre the Pr(4`eefi is laud. Tl 3 action Manager, =Aliitet;# �L 1.4 If the employment of the vqus-froi trtictio�rt uiaaaagasr or aitatet;i as th npGtc�et I�oeumeufs �fi�ia� er . ye ectent p%d.;i�i E ?.2 The Architect will visitesitrarsrl Dwii.er, ,W become gene�r Do�t{oient}1232T° .ZQ0,9 (fanne(lyi 92_ Nf4( 1hts:iAfA�Doeume�€��rrbt l)ocoment„or anti pgrhogb.it tna f nlY _eu w the law. P rchasers ire iToi permkf„ � ate of Architects' legalrounsei� determine in general if the Work observed is being performed 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 Work completed, and report to the Owner and Construction Manager (1) known deviations from the Contract Documents and from the most recent Project schedule prepared by the Construction Manager, and (2) defects and deficiencies observed in the Work. 4.2:3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in Attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner reasonably informed of the progress of the Work, and will report to the Owner and Architect (1) known deviations ffrow the Contract Documents and the most recent Project schedule, and (2) defects and deficiencies observed in the kirk �. § 4.2.4 The Construction Wanager will schedule and coordinate -the aetivities-of the Contractor and other Multiple e Co tots iwaoeordance with the latest approved Project sched#rle. t x* t4,2.5 k s N4W%Wr, except to the extent required by Smdon 4,-2.4, and Architect will not have control �e r,•teans; method , techniques, sequences of procedures, or for the safety precautions rid• � cn h the Work, sinee these are sottrly'the CoaVgctoes rights and responsibilities under the s �Co ag provided in section 3.3:1, and nrth�t±lb responsible for the Contractor's failure 3 rrrt t ter rk acc%dar�ee with the requirements of tht.Qmitmot Documents. Neither the Construction er t A t w ifi lr a control cr�e�r orcharg of orbs iesptansN for acts or omissions of the ctoti7cclpta rs, or ttr agents or emplopee{a, or trf :{sty outer persons or entities performing portions of the S" €> piC ltr' `litatiq Contra4t-Adrrnt wtatioll.1Exow as o tdM, 'se provided in the Contract Documents. tigit�f tveibeop.:apdbally auth€rri odrfil O aAWC--o �ractorshaft- n&52ry�ar to c Q uo pg�o�}i IAPopvide the sameg-' _ t about mattois a�risi brit tf or ath to the Cat 4 e tments. Cctmmuaieatia Gs a nsultants shall ba iltrtr tlAOhitaWhitm-tiias by a0d with Subcontracts 1 i`ss s lthrcmgh the traeor�'oi€ ot1 Mtrl�� PFitne C#i; on mana 0 ilid`to the �1r hitect i those batters ar-iising.oijt cfar i*IaW-io Communications by and. v all be through the 0"ttar; er. and �*_ . 0401041 al _ var ii� by the C(� r dl. each otut a� r10 coal _irl .ce the , ork of the Cartttaet4r is litieri`d m'.�e#Lntp�uts df the G eats notify .the Ovvner, ingot Arok Pat es Wotibz' anager con9l eM'tt n .orad � .. authc in,al inspection oC terrtin df� y j K w , `. , i, " . he Owner whether or not welt f'UA- W TO ptruction Marl 4ger w111 be .kQ!* U i ►t i �o r Il �tve v pretfionsand,el*iftof t Y vela Writ y to aex:untter this S.oWl A x Ak� ott4ll Magttg�'te��� pal? _ Awl xe there are lvlul 06 pkwt e F ained within each subtriuttatl titers those > econdpirig7tl rY1t site WdamehtA2$2"' 2009 jfa'i7tfb i lLifp 2 Ai to i3j NINE: Ts AIA'P D4ttit phkls t rie1C3� fir tit? [ [ t b Dopumelnt, oranywrym o'F 'a r'tha faw, fsrrchast is fife# �l r ate of Architects` l4046uhset, t yCt h , 'Paz- , IA submittals, the Construction Manager represents to the Owner and Architect that the Construction Manager has reviewed and recommended them for approval. The Construction Manager's actions will be taken in accordance with the Project submittal schedule approved by the Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review by the Architect. § 4.2.IQ The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Upon the Architect's completed review, the Architect shall transmit its submittal review to the Construction Manager- <§=4:2.11 Revrevv pf the QQntractor's submittals by the Construction Manager and Architect is not conducted for the purpose of dueirminin,g_ accuracy and completeness of other details such as dimensions and quantities, or for itbstantiatintrujs for installation or performance of equipment or, systems, all of which remain the iesitoncit�thcaacta.as required by the Contract Documents. The Construction Manager and Architect's rvsiew na=s suttals shall not relieve the Contractor of the obligations under Sections 33, 3.5 Ile o ger and Architect's review shall not constitute approval of safety precautions or, ties s ic; wed by the Constriction Manager and tArchit€ct, of attiy4 fonstruction means, methods, �eclr e res. The Architect's approval of a specific item shall not indicate approval of an t , x f - `as e f e component. WE will prepare Change Orders and Constructign Change Directives. 13'Tht CoqiaWi a'k�r and the Architect will take appropriate action on Change Orders or Construcon 4 ire ii a e with Article 7. ant! the Architect will have- aathsrity to order minor cliatrg son the # o o 7 # ,The Architect; in eeinsultation with the . WaWtetipn }Manager, will uvestigate and a e� eridattans regarding concealeed an&uakt. ww wcim do as:provtd d ut section 3.7.4. . G.uM may, �� ti _. i �'^•'' _ - - -_ .._ § 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 each request for information to the Architect, with the Construction Manager's recommendation. The Architect will review and respond in writing to the Construction Manager to requests for information about the Contract Documents. The Construction Manager's recommendation and the Architect's response to each request will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the.Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for inftirmatian. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions v:1.1 A Subcontractor i. a<person or entity who has a direct contract with the Contractor to perform a portion of the Work at the Site; The torm `.`.Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontraet..!r or an authorized representative o the Subcontractor. The term "Subcontractor" does not include oth ltiplo-%_Wpe Contractors or subcontractors of other Multiple Prime Contractors. -12 ub r i .person or entity who has a direct or indirect contract with a Subcontractor to perform The term "Sub -subcontractor" is referred to throughout the Contract Documents as if ub-subcontractor or an authorized representative of the, Sub,subcontractor. § attl of n Other Contracts for Portions of the Wo W1 the Contract Documents or the bidding requirements, the Contractor, as soon as bl a ct, shall furnish in writ4V Yir the Co"U tetiot M ager. for low b the Owner, ., Y r, d t the names of persons cu entities_(irrelutding4hose,*ho. are to Airuf�l materWs or F me design) proposed r eaeh''prin� gal prazciOU Of the Work: The Construction l�lanager tt 3'W1_ P Contractor in wrttirig stating (l) wheifrer tie-CQwuer, the �Gc tcuet on M iir the c to any sueh:proposed person orntiTr s tY ok+ (2) tbat the Con 0fimM#dagM onetime for review. Failure-of:th-e Cou*jjW0Z-h4an get, Queer of Architect to allUhkitute notice of no reasonable objed0oh. - ,s n of contract with a proposed person or entity to who the �vvne, Cgqstruetion Mager h le:aad timely objection: The C1on11174ct01"sh:E;rttaetii:ayone to reasonable objection: ' XOWespons ft Pit for shall not et on Manriger or AreM ,ff Manager or Architect has rew%gml lToauothur to came Q off} but�jeot�l �be#s�tractcir8: h0 To �nnr1� or Contract Tretae� � y` ,8u1itriltt g names As,te .3 Subcontractual Relations- pprriat� agreenaerti� vc�i'ttetx. e extern ofthe Wurli reumen s, and to assume t6.0 ,-ter that ounsei, coAYg9j1t atavig �W 10a p Onof pmposed by tho txcc 'W�If r a identify to the Subcontractor teens and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligatedunder bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assent, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be ogtl-itab.y adjusted for increases in cost resulting from the suspension. 5A.3 U6 brr ch as � Owner under.this Section 5.4, the Owner may further assign the subcontract to a •_ scesgiZtrador o ty.. If the Owner assigns .the" subcontract to a successor Contractor, or other entity, the OwnetalIgnes� legally responsible for all of the successor Contractor's $bligations under the su6cotitr SOf E 6 l S ER-- OR BY OTHER CONTRACTORS Mit dwoe� �J o sWctton wt##t O un forces and -to Award,Otheraontractis ... t®� perform or opera tions relatfAtd the �',ajdcvwith the owner's Awn �.en_strncttori Ce vwbrc a enti€ies under sew contracts not administered -by tl e pStL1L6t1C1 ri Mar e: >. and, le a -#the at . eetion vsnth other 4ionS of the Projector o'ther.rmnst 'latort" ope UQ. ot3 the site anct x u ,; dse t[cal er substantially similar to these inuhtdittg iW- Apo en t d v of. if tfe. Con for claims that delay or addl4�� cis tx lved be6aw�t af"such n� d ar, , ,+#�Tcha.Yl r� alracsir�k3 ('lairn.ae nravirl-rl in Arty atrd shall �onnect.att�i��.e�e Gig I Doc rnents, Pzui 4f-ae -Mitt 13- sv�fr��1 ,� �tractof stall r�trnli ate s�ouoz'pi2v otbter cavities caz x'ectt��:coristructio'iT QU.hS� AMIR ,rpm 1w M because of delays, improperly timed activities, damage to the Work or defective construction by the Owner's own forces or other Multiple Prime Contractors. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner, separate contractors, or other Multiple Prime Contractors as provided in Section 10.2.5. § 6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cuffing and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, other Multiple Prime Contractors and the Owner as to the responsibility under their respective ponMacts for maintaining the premises and surrounding area free from waste materials" and rubbish, the Owner may clq#n up and the Construction Manager, with notice to the Architect, will allocate the cost among those responsile, A FICLE 7' C�A1gQ?0�H, WORK .;� aIiitett . i.0 �rz:�rdefi _= .. p ��.-�X" . , A Construction C' s 7 3:4 If ftt hit -CS M§teted art'A cortternpla�c� are rnatte�ally �c}a��3 t1A Etocc mer!# A 3. r't 409 if;i i4 iWN. SKA-ixw Tf�t 11A l Ujireai is protb t oudbr fhb law [Ch�sf-'r5 a'e nbf pe►rtZ�tt a - tnstiiute esf ttrctfi{ebts�' TegalonLnsel cbp�ng�if�4 application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. ° 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, th+9`:Construcfiort Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, ari.amount for overhead aiid profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a rea0pnabl& aunt. In such cW, and also under Section 7.3.3.3, the Contractor shalt keep and::present, in such form as the Conrtsn Manager rrt j3rescribe, an itemized accounting together with appropriate supporting data.,Unless otherwt��'td� zt � the Co a ct Dwoments, costs for the purposes of this Section 7.3: 7 shall be limited to the „ lt0V 1 00.1&of Itt li agreatui r qL i. �QxSt$ % A � rclud ng sooia°lsectirity, old ege anduoempltrymerit insurancce, fringe benefits required custom, and workers compensation insurance; upplies and equipment, irr-Iq,4h cost of transportation, whether incorporated or. `` hinery at d,equipmt nt, dkdlusive of handtools, whether rested- from the Contractor fis for all. bonds and ilsurfice, permit fees, and sales, use or similar taxesrelatedto the super siz zi and field ciffaee persomu~i directly attributable i4 t -, eharige Ke allowed by. the Contractor to the Owt"r for a d shall be actual net cast an cnrtfutued by the Caw Bring Mlat� ttrk per subsfi"irstis 1 i&VdVj e fiak%s--t .ef� r#' may, with respt.t atiort 4*64 t.� jodits4rnr# Ioag DU .Whe" -*e Qvoier and b .1bdjusfner;ts > the _ l i�tl�l _ L y n#s. such t regiment shall i' wwdix *e`C s lllkinof Ohioges in the �l► A, <s rbltitoct has ttttthortty eo` order utldu of tho Ct5trl4raet Th-6 _ t$e provtdcd,A oh Baits fori.bstanitrab �The date�:of�pt3ren+;erneittf d���f31r�c 1 4}'i6-. Xh 171{1. -E' o(Arcndec4s legal t qunsei, copjm9fit ai r+rs § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. , 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the:Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § $.1.3 The Contractof shall proceed expeditiously with adequate forces and shall achieve Substantial Completion Vithin the Contract TIAM r $Q Dews arld Exfeas ohs �# We { ` # •1 :t ontraew is d at any time in the commencement or nroarecc of th.- Wn,4r h. r �.. �,.► �r ,.�,io,.� .c 3: �,$:3.irusg tit 4pcu " tT�e'Cont Architect. 3 At leas) tT 17, NY:::.. As pro- l cd io �j�, e Woik that hake boettV�<���it instruction lblanager d ktf pl r �F of Architecte le gat cou nsel �Yn9h aia § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site_ § 93.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no rater than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of -the Contractor, Subcontractors, material suppliers, or other persons or entities making a Maim by reason of having provided labor, materials and equipment relating to the Work. terry oeContractor; the Constriction Manager wallo P�p, within. seven dais after the Construction rem tt�hctor's Application for Payraaent, revttxw tplication, certify the amount the o gel tin :is due the Contractor, an 'foruxarrl_tl e 06-atractor's Application and Ce I'll cate for 1rc3iie€ititieven days after the Archltiet reces the,Contractor's Application for Payment `ruecgrE'Iartate.yiie Architeef wall er#fer Issue to the t3vv r'a Certificate for, Payment, with a eop_to fioxi eager, r rch amount as the Arehtteet determines is properly due, or notify the ConstrucWh. nd d iz r irr iit g°�of the Areltttect's reasons for witltl olffing rtifi cation in whole or ,in part A lirrcrvfded 9.5.1 ' Tito C-4frstrrzctior� Manager . I promptly forward to the Contractor the Architect's notnceof g .'eerlctstt: _there arkI dle Prime Contractors perforriiing pctrtintts of the PrA ev #&ihe Construction Manager r"Vos the N taip T± j re—tft fifie A l atiom and certify the t�ttnC;t Cot stYt�c t at rx e l 5 prepgra-a %ani nary of file PAnwCtirtti•smw a p tc t +trwt i n for-w thhoidli y"forwaazd the ne Construction the C�rz� oanttactfl r fx�EFIetAp r"tiCIlt�atfr stro-Mnrt rnoutit �� '4 p[ieatiiob and-Certifltcate fc ommeitdation ofthe'Consst t e i4roFA�ects i dal a*V n -P0 1HQUV fn4uf e9 PYn9J 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. § 9.4.6 The representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager or Architect. 9A.7 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on -site inspections to check the gttality or q. antity of the Work, (2) reviewed the Contra construction means, methods, techniques, sequences or procedure; (3) reviewed copies of requisitions received from Subcontracts and material suppliers and _r moo' data r"uested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain ho.* qr for what purpose the Contractor has used money previously paid on account of the Contract Sum. 19,1 DecigtC �v s eje d � a o WithhOd CWiication u >AI r or Architect may withhold a Certificate for Payment or Project Certificate for ,,.Qv tdopart, t_::ttie extent reasonably necessary to protect the Owner, if in the Construction Manager's € entations to the-OvMer:re% fired by *4ion 9.4.4 and 9.4.5 cannot be made. If the et is unable to certify pa cent. iti- the gmqunt of. the Application, the Construction, for and Qwtiex as provided Ila S- e6t 9 #�i and 9.4.3. If the Contractor, Construction ajee on a revised amount, the Aaft . 11 promptly issue a Certificate for Payment MOW t for the, amount for w#iicii ttf is able to make such mpresentations to the Wo or Architect may alsoititHd3d a C`ik€icate for Payment. or, because of c vi(A or subsequent observations, Way ttitk�i y the whole or a part of a Certificate for C r Payment previcat>siy issued, to" knob a eax as may be necessary in the con uc€icm to proSect #lsewne iron _ wltieh the Contraactor is retsponsiile, mcludirig s�.describeci iir Seet�ci3. house of r died: iv filed or reasonable avide Lndipatttiwprobable "such claims unless security 46 Owner is;pr'ov*a by deuce that the Work-.carpQt be 00molo"'for Owner or a, splpx.tto V ei n donee. thg. or for labor, materials or of the Congeet`Sum; ' r . § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9:6,2-1, 9-6.3 and4 k6-4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unkg6ffie 06 etop pi�,vides the Owner with a payment bond in the full perial sum of the Contract Sum, :pa men k ie i'v e ( "cter for Work properly performed by Subcoiitraetors and suppliers shall be held by he Co ra, or fi s actors or supph whci.perf©rmed Work or furnished materials, or both, under oritt c u t h ch payment was ritade by the Owner. Nothrrtg cmtarued herein shdllrequire m�3� itebe �x�� e account and not commin 4ed with ixtaziey:af the Ctirrtm tar •shall eEeate arty ftlti 'Y ltah r it " the part of the Contractor' far bieaeli bf trust or shall, �w. tle any person or entity to award o� 1ti es 6nst the Contractor for breach of the requirciAoift of his .provision. - 2.7 failut f thea istru d Architect do Apt Issue a Certificate forPay !* � Prp*t Certtfirate bi Payment, .rE tirotr'ha faro etc,, within fe3urtcen dais after the Canstzuctibnratis rat eifst ciftiieoiaftetiar's xa , PPT ea`ttan:!br;0a or Uwi er does not pay the Contractor vvrthiit s8v aflVer ++> a estalilisfi m hefiQ Dg� �' nt- ,ei.+;fied by�tho Citz}guulc:tlio Mana r &meet f�ai d tyb7 ding - A�j}gd>?ioh, >ttsr may, upon. seven adLr�n�ti' atttt�tiei, £ontnietion the Work until payment -Mlle ameont:. went bias l �r i , `� C tract Time shall a} " �.1 ti the Contract S=shall be in eagod* the oopasonable costs y p, plus interest as provided for in the t�riiitrax�C'DotEts .'' sh airttly p` ate i tar af' tsitC [in:acem .3 Uperi:receipt iif-the list, ritine whether :the t:1V`txrl,: ses atiy rtrp, a+lxeitter qt;1 .V -0tiirmenti Qf-the ( 4n��t � 'en 2 -: xchit $�te�retif is. -substantially S #hlX execute a C rtifteaV �s �j,'blt�h responsibilities ' � De�ument A?32t'" ?bds:� if. NIt7G TfiIs* pdturrf'ei ��cufient efanypaftiFit iBdet the IOW. F�tlrehasers ire r al Institute of Architects' legcoon' 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. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is, designate by separate agreement with the Contractor, provided such occupancy or use is consented to by the insureh a[s required=tinder Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such paitial oecuVancy or use may commence whether or not the portion is substantially complete, provided 1,fie Owner and, Cpntractft> ,ave accepted in writing the responsibilities assigned to each of them for payments, retainage if a1ty3 sec "maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning:dr ' eri i ogrertion of the Work and commencement of warranties required bythe Contract Documer D ., r considers a portion substantially complete; the Contractor and Construction 1V i:'epar 1 submit a list to the Architect as provided under Sectittit 9.8 23 Consent of the nag at 1, o on tip cu . ruse shall not be unreasonably withheld. The stage of the progess of the Work shall _. tld ent between the Owner and Contractor or, ifino-Aga entrfs'rclsed; byzlecision of 'the 4"ct with the Construction Manager. 0nrpa ` pa.. S al occupancy or use, the Ovviter, Construction Manager, Conteactorand )Noffittect s - ea to be occupied or portionof the Work to be, used in order to determine and 'Aao&d .tl e oon k W,§ 9.9t iUes cl air, peal oecttpancy ar use of a portion or portions of the Word slid; nbt Constitute �... rcc ' vvtth fife r uirements of the Contract Documens eq 91(1'1=nCri1e I Payrnent Work the'Contmetor shall forward to tlu ct-= and acceptance and shall also forty. meAL > 1pw rewipt, theyC©nstruetian omptly waft Sach-ipspectim -Whon tha e Catttract fill+ pearfsaaed, the Oorrsr3 -'. Prclject I,irttt� �� i'aynaea ass o theme and insptions' of the ;Cantr�tot 1oea[4nts aril that dre errf due and p"f llkCiilnstrucWo"Ow nt to the.Contractor's beingv itf m i § 9VC Neither frnal paym ent nor aryeiltiig7 hitect through the Cops#titetctzio og er: ndebtedness$i hridetod v ttfi �►r r" ered (less arntiuitts withhc ce required by,the Contract . >aU. canceled of ailowed to expire °.�sfat�m�e t�fhai� ��C3j�ract�rkris ,-:, _, i encu if A.' Su q mains unsat 4fterpaym rpa ,lie compelled to p4yv - Jsehar -a$tA DOG lrt�eftf A232T" ?ti09 jfbrmedY A NfllkNuld. This Ale DocumentIs' protepl AI%#° DacurnenE, or any portion of it; [*Tarr= i H Wpr ff a iAW, P.umbaseft are not-1*= f tnstituto of Aithif ids' ldyallcm6tel, copyng;ti trig a cos § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 Miens, Cloms, security interests or encumbrances arising out of the Contract and unsettled; .2 failure df the Work to comply with the requirements of the Contract Documents; or .3 terms oftspecial warranties required by the Contract Documents. § 910.5 Accgptance f firlal p ment by the Contractor, a Subcontractor or material supplier shall constitute a waiver 6f claim. b xhat pZa exc �aose previously made in writing and identified by that payee as unsettled at the time of tix real A1nP"aym w AND PROPERTY % X-111" its e .far initiating, maintaining and supervising all safety pre4uiLons and programs in f (he Contract. The Cantraetor-sl all submit the Coiit tor's 3af04 programs to the d ooardiAatian with the Safety programs of other,Contrantm ansibrlrtres for review anei' coordinatien of safety px�xgrams sba n notapdte tcs rei t or onussrons of the'Contractors, Subcontractors, agents or eivj$43W o c qkany:other peirsoiis performing portions of Wort and not drreie#�!kd.by the r 0 Remy - tai r1r}tens far safety of, and- shakf3�id dsotaf0 Ist:1Q grk ar_-nia V ratredt##t tos h metroemaraayabtaeteadfftehcteedm,iIbtlir a1# yarr� WWI .. tractor shall ciptrpl rams and lawfrtl toiO om'damage; itrfuy oflq rta171e sfs: for safety ai ulgaf�.�fnty X��t3laEtipil� tir maracx� _ _ Construction Manager or Architect or anyone directly or indirectly employed by any of them, 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 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damapito. Person or Property If either party suffers iWasy or damage to person or property because of an act or omission of the other party, or of others for whose -acts sttti party is legally responsible, written notice of such injury or damage, whether or not insured, shall he givett.tb t4b other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sw fficient?yd iI to enable the other party to investigate the matter. 10 Hawrcl NCarXs 113.1 The nible for compliance with any requirements included in the Contract Documents tgardlhg hardc;tiat `� the Contractor encountersa hazardous material or substance not addressed is the Contt et=l cutrr an riable precautions will be inadequate to prevent foresmbLe bodilyy-, injuryor death to pet5o 0i or substance, includthg but not limited ta, asbestos or-piolyzWrinated biphent l (C )mot b e Contractor, the Contractor shall, upon recognams th&tWitior4 immediately .stop Work i97the a - ' e t•eport the"condition,to OwOwner, Construction M=Aga4ind Architect in writ . 11l0.2 Upon r ip etor's written rtottee,_ d Owner shall obtain the "rviees of a::liw=eJ, laborat to v rify;a gresep i- a e:matenal ar sttbatiuce reported by the Contactor ;:dj:in the 6 hr t ial or sttbstattce is M di awe rt do be tendered harmless. Unless c�th is+a r tlie f on a :. Docu the �' 'Vr#t131g t® the Caritattotvr, Construction IVl lag r: an l a hameb and fitw quas r es Q are .tet pare. tests verifying the prese or alud� natoria or -� s , . sudp�r �vht� _ _ th¢task of terrtovai or safe containment of such m�t�a'1� ��`�h� " C tr t+bt the 1v+lanag� and the Architect will promptly reply tc> t1 i vvritmg sing wl eftr i��tket '1ia.S leas " ot�j don fnt the pt nsmr entities proposed hk#0 �wne it-t}� t�1'� ° - r i +tl i t In a pie aon or entity •props .th cddt $ e >"# 00Wb0M0a Umaga and the AA*b-xtrh e4tRibi d a d 1Cctttlii� 5 t it -6�u atorli raasot 'a �60#� � ' t wng ent pj�Own shall1�� e "ms, dtmages,1t3� It { x erformar�ee tf'" t1'ik -o juitity di ,death [s dmc best tom; 43-1 I dot b dd e, Ioss oretenseis aata"hbs:�. gtbie property than. �xteF��� „t or n i encef. a arty'. sRf , ply1y�� .. ,S-VOW "b ..a! p+i' i0 3 4 The Otpershali not do r-,itrytet�� 4 , G #i't# 4itnt���e?•i7ils ztta#ea a1r simNE is:;, �ti.;e . sia€ a _ �is ti�:f� _ . �.Y: cv� .�` „ .._ . _ `•, it `1iYARK1tNutn��nt,Aorik nYtidiiourt;iiio2ghtoismbaiec#eey�t-brI�s�iifvh'{rdtisldt l° E n,4,Dociiwohi3-Ia3r-+.2 62.����r ffttA'�Or$rou� dit+ Mute of Aihftts" legal eotln3ei t�jigrihlWw a :^t z § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies ln•an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to Prevent tbreatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Liability Insurance The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in ttie jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below itch may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the -Contractor may be legally liable, whether such operations be by the Contractor or by a _- ;tbcontracor'or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of there iay be liable: 1 Claims under vt3tkers' compensation, disability benefit and other similar employee benefit acts which z re pll ate[ ie Work to be performed; �> jQ Cllos because of bodily injury; occupational sickness or disease, or death of the �4 ; ct oyees, % s ges because of Eiodily injury; sickness or t mease, or death of any person other than, the ees Iat insured by usual p'ersonat itz}i liability coverage; ,outer than to the Worleitself, because of injury to or destruction of tangible beee of a person or property damage arisiiag out of +or We uf•a190t-or vehi alg and ,. It Orperty'dainage aiistng outcompleted opesatrons,a it ttialnawlity irmur=W appfftble to the ContractorI ati©wunder ,. re . by ctice 11:1.1>-shal•},1N6 1*n fot not lest than itb* c> f spe t+�ti xb t ;.£ ".rhltei ttet cat auc cl by law, W to c+�`� is gr titer Co ryraEg.,es, crlraan���cctot n #rre date ootlof # Ida ted.ol3�r>ypi�fll?�1taceic�[+�~; X ties fi�1t�'�a�'��l�a��'z'� iil���r�'f3�ii�',�� �.• •' ,31 .� � • tes of insurance acaflielall s>btuitd to ti�aQiteio ,�� VPifahi''d'-,bd������� J1 iattonO' liability the exatftti of tkie time ber fished by the Contractor with' M., 1.4 `Fhea>tracm sliaii;t 1fc.na raring 11.2A The Gf #ier-$hAl rah j4tXV6WfaeBi �l! 3 Mft}�t11NC,a�f�tsWX® D-d(k u �►[k� D`oti;�ir►��nt�.oY�ny pow' ,.: dlrySyGC time la1N �Urdias8r3,ac �•- 1eistitute �,Q,rcr„t�cts' lega{ coi tnectyUtM t}p lS Fff©" WIN o, VA T PY�T�ilt aia , O § 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 risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section9.10 or until noperson or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, x whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. fi 1'1.3.1.1 Property insuraxtee shall be on an "all-risk" or equivalent policy form and shall include, without limitation, hsurance against the perils of fire (with extended coverage) :and physical loss or damage including, without duplication of coverago, .* t, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and ataitup, temporary buildings and debris removal including demolition occasioned by enforcement of any jsplcable lapl{ requient- 4nd shall cover reasonable compensation for the Architect's, Contractor's, and r onstruq -MAna pserrf s and expenses required as a -result of such insured loss. d 1 l Y e O d tend -to ptireltasE pr erty insurance required by the Contract and with all of A e a s =t om ril ed above, the Often. gha zo inform tide Contractor in or to 1 gat � `i he Contractor May n it .e of tnsurat ce that will protect the interests of the Contractor, ,. ` ct anci 51anttors in the Work, attd by apprrpriate-Change Order the cost thereof shall be s '' toVote ctor is da , -aged bar the # Homo -neglect of the Owner to purchase or maintain rx cut so notifying tlt nfraetttr in writing, then the Owner shall: bear all reasonable F F mIY aablo �e _ f Y. !'IFS' �..0 PA 47 1 f the pro or tn&urat a requires l uatibl � tlr Owner shall pay costs not covered because oi`1:uch {� s prop t ce chap cover portiol _¢ft to Work stored of the sum, aud,als .portisns-ofthe �?tre , 1t J - ' ►mouse ur Aimorda e wi$,Mb0#o4 9.9. shall net rnmenr�e until the ire crretpat or Y. ' 'es insuranoe lia•f.ps � upar>AF useby �nctexs�et9r - thn 1~0utra� ' :�' =t In c u e f lut a pat i s s; r 114t't"�t �1t+7 tfk pa .Q�si1lT �� r G _ ff 5 lie Qf fedt cti4rx Oit.(.r y a u i cl Machinerrinsur fw* eft a DgeutF �110"Mr cep.. by4�t, ,J, r z, Sgbconttactb an€iPlSsixb;st .3 Loss of Use insurance. The £1w , of the Owner against loss of_ j- 6 of tote �E3 r ves all rig-hts of aetiao aga t t £ firset a s idue to fire or, other h and o e3�er � �' -.. e project eon�trttcttQ cen si e`by proWAS hart nnent property- insurance is 0*, 6--pig wring the Project during the oo7flst�ruc! Lsutute orArcnitects- mgarvourpa: IRX!tQ�tft �a < s �i�,r-#1eay �u�� �tiri marr�.'�in �six�h tnsot`�e� lZ�L Section 1 l .3. % for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise- § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (I) each other and any of their subcontractors, sub -subcontractors, agents and employees each of the other, and (2) the Construction Manager, Architect, Architect's consultants, separate contractors described in Article 6; if any, and any of their subcontractors, sub=subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtain pursuant to this Section 11.3 or other property insurance applicable to the Work, except s'tzch rights as the.Ownei Md Contractor may have to the proceeds of such insurance held by the Owner as fiduciary. T*_.Ownet pi3O ntractoc,'as appropriate, shall require of the Construction Manager, Construction Manager's consulta4 _g Architect, Archit is consultants, Owner's separate contractors described in Article 6, if any, and the subeontri�lrs; suEr strntrators, agents and employees of any of them, by appropriate agreements, written where legally read forValidity, silar waivers each in favor of other parties enumerated herein. The policies shall �rbvi aiof s*ion by endorsement or otherwise. A waiver of subg�ation shall be effective as to a verso ity, 'person or entity would otherwise have a duty of inderrinifiVion, contractual or ott Y Trance premium directly or indirectly, andrhether or nat ttie person or entity had an inSurai�'� n�r��t�`n �`�rt��iamaged. d 1 8 1 mile t Or wner's property t e adi4sted by the Owner as fiduciary and made �bltje �£p as fbk for the insureds, as their interests may appear, subfect to requirements of any gilica�e moe oktaselnd of Section 11 3.10. The Contractor shall pay Subcontractors their Just shares of sutlp od�by Contractor, and by appropriate agreemetitsf written where legal-yrequtred for ��ra �Yreq f co ors to snake payments to their Sub -subcontractors in similar mariner, a party in interest, the Owner as firlttc ary sly e of the Owner's duties. The East of i egttiT0 r shall deposit in a sel3ar teAcc6untProeeit3 b1 f;reetnent a's tit ps i i4 t rel 010 r 35E3iLtt16tt i#a the � I Ir ft&o,% r 31�B1 S F � �iti , r dish e oliit�ioii, thiT der as flidtic'i�at s1�1 ail s tett i i trrer trrrfts i ut�vu of e accordance w%th thfszitit}n of i1iE arbriti�ars. �i Per#orrnartr pad - A Pay , :: 3 Yf��a� ._'s 3�#�n: t Arid payr#iitf obigaoelcrtaIii�tAb 1 R; p ie CDT traUt nmehts Eiq i _w' _4 Rikij t s 4D 000 M, 1060) A DdcuSnenf A2$2TM 20Q9 (f6trt��lyrA2Yta�� YTtNG This AtAv tfoe+imon �sii�% � S�� � 5 t t9itit� k NAR vaoumenf, odar y�+Gn of i �rrad� iei;;�i5��rr P ,: rncl ihata PurohaS�isare i®tper n WWI_ i eiaf� o s iv< at sort u An'Stitute of Architect"s fetal coZJraef copga a.o ' 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 for their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be tesponsible for payment of such costs. 12.2 CorraofflWof Work: § 42.2.1 Bafs _d Afton tj�. tantial Completion The Con ttr r shall PrOmptly correct Work rejected by the Construction Manager or Architect or failing to conform tot4p r en ts qfffit Cc ttact Documents, whether discovered before or after Substantial Completion and 4 th fa , i"W- d or completed. Costs of correcting such rejected Work, including additional testing t eivering and replacement, and compensation"far the Construction Manager's and �; er d e cos trade necessary thereby, shall fie at•ftOwwaetor's"expense: . et,(on �ry x 46,CqAtoictor's obligations under Se c , Yudikin one yea after -the date -of Substantial e thereof or. 40"(( r. eoMmencement of warranties established_ r S b f an applicable s tal the C mtract kits, arty czf the r a © dance with the r-1-4rerhetits Of the Cad Nouments, the Contractor: shall correct notice frs n the Owner to da.sa<tii�ess t Owner has previously.gtvctr tbe o, of sn h condition. The Owner shall gi~ 'st h notice promptl dk a tliscbvery of the o © prenod` for correction of 40a to note;,ht Cntractor and give the e the correction, the O.vt�a r a � tl 2 is to-M et 3ri=ect oa by the Contractor c ch of warranty. If the Gone r fads "ta I�tfr rn n offiling Work within a reasonable a n eipt of notice &otiZ:the Q r t r =t r may corredt it' in accordance k; r 2 , nod shall be extended with n t to ).Per-ti0= f- Ork --fiW_ p�rfiomm d after Substantial r of time between Substar i C"101.66410400,eftat<,po of the e-ycarperioi forer�timarcWkao�>cbk rid by fete �S`etdnal� � ti � � tt shalt remove f " t , tract I cic axtdat< n .-- 6-oww 1' The -"Contractor shall 1 tho 'Iao t Of 'ally completed, of the Owzter or �d by h y# f` e tractor's correction or teittq al c- Wcirk ti 9 t t _ ; �ts,�£�i�•Comtraet -� timents> oiained in tl fit r d�ed1�:" -`. or to es of to the Co2itaCXQ''S o�ll33i' { S �F1i d1 . '� 5 „�'-•3Qt'q . Osttute of ArLMte&W legal counwel,7.= y i § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law § 13.1.1 The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenafits, agreements and obligations contained in the Contract Documents. Except as provided in Section 13-22, neither'party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempt to Make such an assignment without such consent, that party shall nevertheless remain legally responsible for I o oons-_under the Contract. 4 3 2 2 -Tkn dwne; i� consent of the Contractor, assign the Contract to a lender providing construction -, ^-= �. h O hts d bli anon ut der the Contract Documents. The rider assumes t e caner s rlg an o merits reasonably required to facilitate such assignment, �dliave bee duly served if delivered in -person to the=ld+aiuI;'to member of the ze corporatioti.f(r which tt aFas intended; or- if Belied at cr1 t-lid+ rsteted or e providing proof flf delivery to, the East �r�sirresss t to the pares grvng posed by the Contract. Documents and rights and--raw."�^�atl�bl� tlrete�trtder shall t, tati;on of duties,obligations, rights and, remodie s.-gsbhle by law. a'et by the (owner, Construction Manager Arclutect-artkrnW*ghdt oonstitate a ed.them under the Contract, nor shall such action or faihlri * a col frtut aPpraval of Hereunder; axeept as may he specifically agr,-ed-,1n.,W0t.W''g. -19 POP of portions of the elr c *111.1 �eitade: a r t-tlrr o aet I oot e#itt ' to ardWar►ees, Cedes, rules. and 1 Qr� `- r onl Milo" y o e tiEty aysc�l�l tct t o r, br - 4 stl%>ir44 meartlp'1tc> t1 a� bidar €€laet�ir;tfot3s ccrneluPltt#s orappibats 7 if the Construcuon Ixagq i motes tIOU 2-7 Oils a flbc worlLlCgtlize � l •' x 3 .8� .,- ,•• - - } y .i �� q ` .z� t"� .. .•jt 3 If such proceduresfor testing, jeelttsrl oar apov;Qruttdr SeiQn 3�5 1 t�ceat farllnsf tI Fe> lions oEt{re Work to comply tifhreittren�teats ablrslled tt�ieitcfi:c{ fade is �4i4 A )66 " 6fit AA232'"" .- ^�009 (fdtm�rTt/'A tOt CM i9�� o t �s t ' 4T+ # t1 +4A11 x19hty i .:r 'Ot1`'1'1dC5.4 �" d�IfFIIf�Gfiis AIA� Docuritt:is 'ap��fitN,�3n �t 50 Dticytmi tit tit any pofion of It, m� ' SLlt icisevere rill dgd$! Nhi i Et�S�Yah r t� het 4 E11<o mum extctx"t RY3 wgderthe la�iv. Purchasers are riotpentuedTaYpQu�e�hrstfocilmcit 1`trt�ng[ofaiti�cf3i4ttttabedf�� la vMe of Arotiiteds' legal courisdl cdpyright aia irg. ' 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 Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvaltrequired by the Contract Doet-ents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonablerdelay in tha work. §3.6 Interest Payments d0oi ex- der the Contract Documents shall bear interest from the date:payment is due at such rate a the pats �' o writing or, in the absence thereof, at the legal rate pva%ling iom time to time at the t wli �'c lob r13 a'� _ A coviameme all claims and causes of a it , w tltt x ioi! itas4, toil, breach of other ansi4g out of or related to t4 iwaewroaft.vWth t#t requirements f I Nr od selected in the Agreementwithin flit; time peeled spect#i d by applicable law, } o aftthe date of Sullsta" C OW01difta€;tom orlt;, U� ,G teraaud the c uses of action not conimeboM in accor42ncQ *W tl> olsec t 133. 1;3� ,. TI 1 PI ISM©Ii1 Ql' l IE CONTRACT = 1 _tsntract:if the Work is strapped -ion a period oft 6-4ays through otttractor, Sub-subeentmet€trdrxlicit: br any other "r� "Of tlYe Work .under direct or>a %r t p tr Owgr" ll . x; for aay of the s ti ce or of a court or other public authority haysttttsici�an mat rqt es all. Work to be �s t. ►m " i .a :a: declaration of Constrtfit n lager has not certifieda 12 t fr r e zwftawft 1.tit r � tr; not td� t WO ht traetor rniay to �Y i�irn6t i� ti�Et#ty�li-�r�:�rr ��;�t t Y � _ , s or indirect cc3net wit F r' ex as $escribed in SectiotX Ott: _ q r� 2 i413 if ono o'the reasons des w3UWllilFliLliL111 "Vl'�1G11 a�,ci1.4Z V thoe unrn£s .1 7 `bcauhe Cntatr. c� � vvlth respect: to mntft� F lldrtt �, lAi dU �iitJS2TM + i6>tSt(fOrrrlBtfx f_: r hilt 1 Ftis 1 k®Ro urt►enf W > � DQW1b0n;, or any p k!Qnf Qf fl ay fi# r UCEN14yy@i�t114(tw-W f�lifyCtl`4Se/s c'11L tfOt rfeY�ti�t����ki xs�� � tgM"e VI N�IfCNJ� �aI cofjhSet. .. ` days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination By the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials-, .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority-, or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager; and upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' writtert-notice, terift irate employment of the Contractor and may, subject to any prior rights of the surety: .1, Excltido.the Contractor from the site and take possession of all materials, equipment, tools, and constrriction equipment and machinery thereon owned by the Contractor; 2 Accept assrgnrit of subcontracts pursuant to Section 5.4; and ;3v piu�tlie boy whatever reasonable method the Owner may deem expedient. L3pon written refit the Owner furnish to Contractor. a detailed acccting of the crisis incur>'d e finish the Work. e ;,P s the Contract'for one of the reasons stated in Section 14:2.1, tht Can ctor shall e>d toymenfi until the Wotlfi rs ftnisired. 4 2F41f the tupard hale dlthe Contract Strrt excieds'trosts of finishing 'ct including pensfioit 1 �olt tle onon MainMR! rtect s seryexpenses irs and made necessaryt€$tsy,d other dai'ages itt<�ed �es auved suiyh exress` shall be, -paid to the Contt;xetor. If such W ��dd - e r �IralI day thedif er ice to the OwnerI'fte a v t tb aid ; he b otc�.ctar br case t n-appti &%_be cd i;fied by the it ial ee i z l� r a con # t th on d this obligation. for payrrrerrt shall survive termhrai�an the C;outi�tct. . - r for C-6nY.ehietace �w' Y Out CA d-Vr�r. �ts� Coa �t4r iri wt ti�tg to susp id,, delay or-rnt�"t ' 3 period of titil as the Ovt�ier:rrtay dtertrtine. .' ,..., ..`fhe�tt�-'.��F�t�k�.adjed•f!I►�����'��'�� •_ u,:.;:.. made to �C�1(JI�: ilEC lasetirder-s.; � �•, �a� �. r ;- �,�� • }�4 1 4Y.' ; 4 44 / 31" ` 4,1669 fotmerfy A44� iAa 99` i t St � ,, i7�s�#r�ellt �s pfof'f'e�f 't3 4iY, ii�otn'-of it re°s r $erS are ljOt(>EITTjIti tQEtcli} 'r r 1s(egat i;ourisel, cbpyrighta�aiir� r �.;� t xy § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receivepayment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of. . money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract The responsbility to substantiate Claims shall rest with the party making the Claim. §,15.1.2 Noticq-0f Claim CJAims by either the Owner or Contractor trust be initiated by written notice to the oth er party and to tha Initia!_ision Maker with a copy sent to the Construction Manager and Architect, if the Construction>nag(7,d fir Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated withlrt 1 dr occurrence of the event giving rise to such Claim or within 21 daysafter the, claimant first recognim-the . tivn ving rise to the Claim, whichever is later. 15.1.alitlni eta as prt*S. and 0*i(ner _S Ivfana w4i1L F�aytn-rn y 15. I:4 fog di itten jiotoe a : }larmslati IN "" arnages ineurredb pate ���. .2 da�ages;�ed•h . ersonnel staitoned dre e lnrttal ; ecrsJon Makt t and the oittra for and persons ox eii y tnattce.• Pending final resolution of a Claim, except as otherwise agreed is writing or icle 1.4; the Contraotar shall proceed diligently with petfoitnance ofthe lradt aka Payrdents rn 1word ee with the Contract Do timet tt Constructione smaadathe, l�*4 rill issue a Certificate for P'ayttit t or m jeet Cet cate br_ ,cf,�imts of the Irrii>Dectsiort Maher; - If the Costtracttor tzi nfake a Claim for an; iavasd in the CCti, hall be �tloftbafbi��aeding to execute the Work, Prior notice is not # a�erttt l ' arising under Section 14.3: �- e Cl_i atx. irtease .in the Contract Tone tkom ,or's Q-Wm,8h2Z1 # e.. ateof cost .and Q aJ c 1 f a conixnt ing.delby- one Claim is neep�` its ate t�`�r Cim for addtfliori time; sWl W c i4`f -for the Period of tiles, t#tFo tltc €soon ' 3 tti4° Oft± wa Chi tiO4 t ttu�a,��aemt dr emIay pi,'Olaw for me 50 i �'���'��-:�� i FTi = "§_�� [ : e� a • �T it"� s:.P%5ll 1 's,-��. •RZ` a �•�����°°< v I,? f`�1Y3SYi��`••ti°t�t�a��4'n.!j �'.}:�lt�ii'�S.]�`�Y.9�nwK'�r`r�.�ir3.l�kTi7�xYi�'d4i�"'fie=.�' t a�w�:.'t�.L .. - t.= i �<a A pace eP� A232'!.t►b9 f fork `.� F�ARf#�"ItiiS RiAi°�oCl�fll@Dt,i5 k�pu�net5t: oeany�oWort of tty tna xYnder dxe IavY; !'+(rtfa5 ate not pefr�li(fa� kistitote oT ArYiifts' legal i oups, oopyti § 15.2.2 The initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim_ § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to consult with or seek infQrmation from either party or from persons with special knowledge or expertise who may assist the Initial Decision Mukor in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the uitial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data; such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on th requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data Witt be furnisf or ( advis. e the Initial Decision Maker that no supporting data will be furnished. Upon receipt of #the response or supporting datk if any, the Initial Decision Maker will either rejector approve the Claim in whole or in part. uls a_ 5 Om l dr `a�eE ' b i The x 'tiaiZak . re e-the4 fe t t_ ?Eitheri PAY mi 15_ Mi&erpa 0Y, J r, per will rende>< an initial decrsioin approving or re�ectitig the Glaim, or icaUng a. tfr able to resolve the Claim This anitial-dee-isron,sha#I;(I) be in writing; (2).stattr the the parties acid the Architect and eaitstluitpn Manager, of tie architect or Se ., gas the Initial Decisrpn jA* d airy change itt the Contract Spurn. or Contract - all be fmal and binding,-9a iq:parties but subject to mediation and, if the parities mediation, to dltt di ft to resolution. l• mediation of an �tnrt:al cierasionat. any time, subject tti the ten-w of Section 175.2.6. i. 30 days from the dkte, of an iriitial decision, demand i-& wit _th the other part of th-6 mit4t deeisi ce Itsn t s `dditraud iS grade and the a -,.Mee iuing the de d Z'the,tithe mquiLvd &-m bath 044es warms #heir rig gw hte, or ptirsw biiidiiig s with. spect to the ii i##at ft.A 3. � against, the C�ttitra�fvrx tlse owner may, biax is net obligated: to, notify ttie surety; if any r ie Claim. Jf thy' Iai nr e p: a pgssibil rtif a Ct a r usr's of atrt thi :()wrier 1 ?a the sui cry acid: r quee itr r t sta$0.16, - ug the &-atrou s� _ M� �'��i is ttxe s>tb�e�� � �Ale.�� w to se�:fi~zplt�fbt}r, . s or Aarrtiiatte spothrs t ed fox. in. eetions 9.1 .4, 1411; , ar il' .1 The parties shall endeavor to rer;of ise, sliatf bt; administered by c iation Procedures ifi afl<eetc!i s. erect to the .abler panty to tyre fuest. may be matie coicurrttty ": sliatl share the t di�tt ere the Project is lonated,tless atimiY enfdreeable as seta}eixient agrettieitt rn the law Pufetiaser -aie r�bFper?tIE 9 t6 r pToau€e s avc u�rwpi, k, �3 ?t!r F �, a• •� ¢ r r e of Architects regal: ijduriset, �PY�@al?3 § 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 Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 154A.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request, fa mediation, but in no event shall it be made after the date when the institution legal or equitable proceedings based zj the Claim would be barred by the applicable statute of limitations, Fossatate of limitations purposes, receipt of a `tten demand for arbitration by the person or entity adminrstoringttk arbitration shall constitute the institution of or equitable proccedfts based on the Claim. - &4.2 Tlv -**ard roxidexed by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in ,ordarm with appliaW law in any court having jurisdictiotk thereof :4 reg agree , to arbitrate and other agr "Monts tp arbitrate with an additional person or entity duly to t6a. eurerrt shall be speeiftt $y ricceable under applicable law in any court having x s�eEioo, minty. co o1i conducted under this Agreement with any x rtr:� pFovi�larl tlfai ( opy dement governing the other.arbittatron tions to lye. i vtxlve common questions of law Ct :WUf rtater�raIly s t� lI ort sel arbi g 1 r k iiy i#relud orc or cititles spbsl tuuoived in iEa�alxenr ts:. f is: to be acettd.ift arbitrattrt+dd !� C-OUSO is trt W 0 rtivalving an additi�l r. trtuteis M to fit ;c It ermatter in queatibrt ttot _ . OR t. traces grip to:pl- ts:atx at,ont cExrdtid un+tl bids ' y N '- - OW Sg - ti f•�,L? F s r t -ram'; � Jc.R. a," 43 J'v s,�, � � � Sr• x3 s ,. ,r-' r�-a 2 �-bcr'•''�,?'3C vi err a w � i iJEr y rCi�'i e'3 p tC Yat t. �sy.0 x 3 �x`k ��,��3•a� jka„�'i r ? �Tr`�) Atr k�rj ��35,� ACY 3 ar Y €y �7,¢• 'Nx�;'.,.:�m'% t� �,. 73 x,}�t..�".r `�'i. • .� a. ; yByYca �� 1 ,_ t Y.k �T's�Sr3j"t� .ly., M,r• ;�},• s ,t -:. J.�;q..Cck `'x-#"a„ry: �;` k- w- 'rri �f ;/ 'n}�, '� �.. �- .t/' "' S.rss ',.�' •,r. f �,. •� .e)'%'r' S ' 4 O r _ �•r �.hG6 y�,. ,9p t5tr._�w4t' '4'''.9 . ! .p '�'�"fir 1 •k� `F� f'�Y 4' y � r.• � '�L°yY+ rs ,�ei �r` ..n �3.. �„ •f 15=� a,e s ,+�y� � R Sh -. � �+X.:k,�3 ''3- rx •^t r,a ' ��e�r' .:;h .,x ✓ � w t r : 4 y��, � a �•. ,:, z L rt NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GUIDELINES As referenced in Contract No. 83-2012 Article §8.6 1. Confidentiality 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, litigation 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 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 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: 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. 3. 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. 5. 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 ((GZ 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. (1) 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. 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 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 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. 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 parties 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 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 tape 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 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 (2) with persons other than those to whom the regulations 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, 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 (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 Indian -owned 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). EXHIBIT 1-k PAGE Exhibit F FEDERAL CONTRACT PROVISIONS All contracts (including small purchases), awarded with Indiana Housing and Community Development Authority Neighborhood Stabilization Program (CDBG) 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 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." 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 V00,000 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 anyother 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 Non -procurement Programs m accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names ofparties 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 principat employees. I EXHIBIT PAGE =0F__L Davis Bacon Requirements Neighborhood Stabilization Program Revised May 2009 Peter Hunt PROJECT PROGRAM As referenced in Contract No.83-2012 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 demolition services on one (1) lot and new construction of a total of four (4) single family houses under this NSP-3 project and certain Bid Specifications (also referred to as Construction Specifications) dated October 25, 2011, have been made available for inspection by Richmond, is on file in the office of Department of Metropolitan Development of 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 May 31, 2012, consists of twenty-two (22) pages, and is hereby incorporated by reference and made a part of this Agreement; and WHEREAS, the scope list for each project location address is attached hereto as Exhibit B, which Exhibit consists of four (4) 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 one (1) house located at 215 South loth Street, 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 May Ioth and May 17th, 2012, and all addenda attached to those specifications; b. Comply with the respective scope list for each project location address; C. 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 (10%) 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. OWNER'S ADDITIONAL INFORMATION As referenced in Contract No. 83-2012 Article §8.6 1. 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 house located at 215 South 10`h Street in Richmond, Indiana. As set forth in § 3.3 of Contract No. 83-2012, 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 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) 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. 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: 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. 8. 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. City of Richmond Wayne County — Richmond, Indiana Neighborhood Stabilization Construction Specifications BID FORM FOR NEIGHBORHOOD STABHJMTION RICHMOND, INDIANA DUE: 31 MAY 2012 @ S:OOPM Following notices given and having carefully examined the Contract Documents as well as the premises and conditions affecting the work, the undersigned proposes to furnish all labor and materials, necessary tools, expendable equipment, and all utility and transportation services to perform all work required by and in accordance with the above named documents, prepared by SINGLE BID PROPOSALS Bidder agrees to perform all items of work as shown on the drawings and/or described in the Specification and Addenda, for complete construction for the amounts as follows: BASE BID — PACKAGE A — 215 South le Street +— 00 4100 BID TABULATION - IMIT BID - 1 PAGE City of Richmond Wayne County — Richmond, Indiana Neighborhood Stabilization Construcpon Specifications ADDENDA The Bidder acknowledges receipt of the following Addenda: Addendum # Dated -5 a9 to Addendum # Dated Addendum # Dated Addendum # Dated 00 4100 BID TABULATIONISMR BID _ 2 .� Presanbeea by sm�me tjoa�a orAxout,ts StWA Form 52414 n� rolm HiL 9e (Pmfted zoos) CONTRACTOR'S BID FOR PUBLIC WORK — FORM 96 . PART I, (To be completed for all bids. Please type or print) 1. Governmental Untt (Owner):- -- I T `( O F � 1 �'.!-}rY1 o Al jZ I county : 1A iA J N E s. Bidder (Firm):. _ 1 R A na r 3 A Q K "TK 14 CTI ON , L LC, AddreW F0 XT /-}�I Nl �. i CIF N e e c➢tylsiate: IjL1-1 m o N D i 1i' q 3'74 4. Te Wxm Number:. ('I t a ) Q 35 — J' 83 0 5. Agent of Bidder (N app§cW*)- Purstant to notices given, the undersigned offers to fit M labor and/or material necessary to complete the public works project of C cry © r (Governments Unit} in accordance with plans and specifications prepared by A NP-5� N C. and dal ed 5 I l O I �. for the a mm of The undersigned firer agrees to furnish a bond or ced fied check with this bid for an amount spedW In the notice of the Wft if alternative bids apW the undersigned submks a proposal for each In accordance with the rrotl :e. Any addendtsns attached WE be spur referenced at the applicable page. If additional unfit of material included in the contract are needed, the cost of units must be the same as that shown In the origiramt contract if accepted by the governmental tent. if the bid is to be awarded on a unit basis, the itemization ofthe tutu shall be shown on a separate aiiachmanL u The contractor and his suboonitactors, if any shall not discriminate against or Intimidate any employee, or applicant for emploruw t. to be employed In the perfornanae of this catwad: with respect to any natter dkecdy or indirectly related to employment berme of race, nekk)M color. sax. national origh or aronoy. Breach of this covenant may be regarded as a material breach of the contract CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) 1. the undersoW bidder or agent as a contractor on a public works project, understand my statutory obpgation to use steel products made In the United States (I.C. 5-16-8-2). 1 hereby car* that I and all subcoiiab I rs employed by me for this project will use U.S. steel products on this project €f awarded. I understand that violations hereunder may result in forfeiture of contractcral payments. 1 �-M ACCEPTANCE The above bid is accepted this day of , subject to the f0kMAt rg conditions: Contracting Authority Members: PART II (For projects of $100,000 or more - IC 36-1-12-4) Governmental Unit _ v IT'l OF r l IC H A-) o r4 D Bidder (Firrn) _! 84 0 ErnW K CONS r K t c: ; ► O" LL O-- Dais: 13 i I I a These statements to be submitted under oath by each bidder wish and as a pact of his bid. Attach addiffonal pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. VOWt public works projects has your organization computed for the period of one (1) year prior to the date of the current bid? i 2. Contract Amount Class of Work Completion Date Name and Address of Owner tpba -,woo '� 30 la 00 b n What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner 3 is FRIF- mfur, Sef+CaL L`aNtNP-25VuL 5 �15Ci 1 Cl 9 3. Have you ever faled to complete any work awarded to you? N 0 If so, where and why? 4. List references from private firms for which you have performed work. 'l��-'L.t!KZ-.1l�►(3 `1"1yl L1NN �- T1O)Y KD,. LOUc5V1-l-f`,rV 4oQa3 10 Fi_Q5r Ricf+ma,t G-ftttP I bi o 5, R S-r K ck Mo N i) , 1 rA 4,73-14 t\JG#moN01 ukhbrWE C��r����l,� JSo F I CIF VF Kici4M6gD to 4-1314 Nu.It�ki L Co.cPQ�. iS� f&pLIAI E Ax {trCtlmo0c) Jxi 4'1314- i�iERCRAN7S t76/4Ki aaaQ CHeSi bao-, { r-wmoAD, _IN 4-13.74 SECTION iI 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, eft and any other hibra ation which you believe would enable the governmental unit to consider your bid.) 5 g V �E",BIT-: Jqi 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm Who have profound part of the work) #hat you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. Se. 4Clf 1131T '% 13 f 3 If you intend to sublet any portion of the work, state .thepame and address of each subcormactor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand'a listing must be provided prior to contract approval. lhA the completion of the proposed project, you am under a continuing obligation to Immeciatet#r notify the goverrunentai unit in the event that you subsequently determine that you will use a subconitractor on the proposed project. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subconb actors also be required to be rrs<ed by ttre governmental TK D�rr)AR K FE ft5 ALL &Qu"iVmF-NT N6Ct`SsARq -i0 CeMP= Jam. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in lpreparing your proposal? If not, please explain the rationale used which would corroborate the prices Y95 SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the biddeYs capability for completing the project if awarded. �e x Fl t 4 l7 �C ` 1 All C'�- - SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bider or agent, being duty sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by htrn, entered Into any combination. collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain 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 reference to such bidding. He further says that no person or persons. firms, or corporation has, have or will receive directly or indke*. any rebate, fee, gift, commission or thing of value on account of such sale, SECTION V OATH AND AFFIRMATION t HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated atkICHMONDI IM this 31 day of_ (nA`[ 20I q ACKNOWLEDGEMENT STATE OF �1 �I D l R N l; COUNTY OF Aki Ni✓ ss Before me, a Notary Pubk personally appeared the above -named swore that the statements contained in the foregoing document are truect and corre SSubscribed and sworn to before me this �3 day of 01. A V a 0 o� My Commission Expires'_ to I I County of Residence:_ L{ I� wild� I I� . /�N a 1 �Mi • I 1 I 1 C li r r � 0 a. Q. 0 LL Y ® O p U J m x D a KM LL.. 0 r: �#-AIA Document A305" —1986 Contractor's Qualfcation Statement The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO:' C rtY OF R 1 C H m ON D ADDRESS: This form is approved and recommended by the American SUBMITTED BY: Institute of AmhHects (AIA) and The Associated General Contractors of America (AGC) for NAME: 1 R Q� fig R use In evaluating the ICI5 1"1-9 U C Tj 014� L L-C . ? qualifications of contrac1ors. No endorsement of the subs or verification ADDRESS: ► 89 Fo r-r (� ?ay N � (IV e N u F inf haft Is made oby AIA or ICF.lmo1,ti D IN --`13`74 AGC. PRINCIPAL OFFICE: ❑ Corporation ❑ Partnership ❑ Individual ❑ Joint Venture te Other L L C NAME OF PROJECT: of appllcable) - TYPE OF WORK: (File a separate form for each Classification of Work) General Construction / ❑ HVAC 0 Electrical ❑ Plumbing ❑ Other. (Spec) § 1.40RGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 4, �-j -e-a r 5 1 � ���* � l • i Z Doqumerrt AWS- —1g88. CopWIoht A 1964,19t39,1979 and 1986 by The American krsllute of Ardtaecis All rights reserved WARNING: ibis I AIA°Document is protected by U.S Copyright Law and International Treaties, Unautborbmd reproduction or distribution of this A10 Document, 1 or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the l wi. Purd wasem are pem*ed to reproduce ten (10) copies of Ws document when completed To report copyright violations of AIA Contract Documents, e-mail The American Institute of AmWiects legal counsel, copydght@aiaorg, mate 4' s ' § 1.2 How many years has your organization been in business under its present business name? 4 ' § M1 Under what other or fbrwer names bas your organization operated? § 1.3 If your organization is a corporation, answer the following: § 1.3.1 Date of incorporation: § 1.3.2 State of incorporation: § 1.3.3 President's name: § 1.34 Vice-president's name(s): § 1.3.5 Secretary's name: § U.6 Treasurer's name: § 14 If your organization is a partnership, answer the following: § 1.4.1 Date of organization: § 1.42 Type of partnership, if applicable: , § 1.4.3 Name(s) of general partner(s): § 1.5If your organization is individually owned, answer the following: § 1.6.1 Date of arcganization: § 1.5.2 Name of owner. T99P, j AIA Document A305W —1986. Copyright ® i964.1969,1979 and 1M by The Amodcan Institute of Ard*ects. AN tights reserved. WARNING: This M Doct$nent is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, 2 orany portion of It, may result In severe civil and criminal penalties, and wig beprosecuted to the maximwn extent possible under the law. Purcimnsers are permuted to reproduce ten (10) coples of this document vAm completed. To report copyright vlolallons of AIA Conl act Documents. e-mail The American insftft of Archliects legal counsel, copydghQafe arg. 1 1 1 i § 1.6 If the form of your organization is other than those listed above, describe it and name the principals: § 2.0 LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. ©H ro § 2.2 List jurisdictions in which your organization's partnership or trade name is filed. § 3A EXPEMMCE § 3,1=List the categories of work that your organization normally performs with its own forcers. �NT�Rror2 TRrm § 3.2 Claims and Suits (If the answer to any of the quadons Maw is yes, attach details.) § 3.2.1 Hasyourorganization ever failed to complete any work awarded to it? 140 § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your orga�aizjation or its officers? i § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? o § 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (Yfthe answer is yes attack detaAJ Q § 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion data. IS zif- �X H 11<3 iT \ D' § 3.4.1 State total worth of work in progress and under contract: SMIT RAGE & OF AU4 DotuRtent A305TM —19a6. Copyrlglrt ®1984,196D, f979 and 1986 by The American Instlltrte of AerlUlegs. Aq tights reserved. WARNING: Tula AIAe Document is protecKed by U.3. Copyright I..aw and tntarnatlonat Treaties. Unauthorized reproduction oc dfetrtbteUon of this AfA' Document, or any portion of � may result In severe clvp and crimlmit penaltles, and w111 be prosecuted to the maximum extent possible underthe,law. Pur et�asers are penreited b reproduce ten (f0) ooples of this document when completed To report copyright violations of AIA Conirad Documents, a mar The American [nstllule of Architeds' legal cotxBet, copyriglet@aia.otg. § 15 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percen'age of the cost of the work performed with your own forces. j e �E Ex J41 f31 T '-E i § 3.5.1 State average annual amount of construction work performed during the past five years: _$a,o57,35a § 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization —5P—E cK fF I a i T § 4.0 REFERENCES § 4.1 Trade references: CIO rn rn a N s Lu..+-t-m e E' Co 1 1-111 5 E r2 i i�A N :r R 1CH mo N D, 1 N 6ffa r.7 f N 10 rt1'1 AM5, 351& -'. MAIN 5T. , K ICIfMof4 D, 1 M WALLOW-2 NEAT(N Ct Al 1 11) MSWD4 L�N�f W PARIs, a1f 45334q § U Bank references: �• F(Rs-r- fla' NKI RiaffmopD ) &op. q-rn5t. 9icmmoPDfiN tJfly NE- BANK 4TRuST", Sow - • , �1cH t->r,o o, IN toe6— 614VIN65 Oil NK1 34 5.9n+5r, ,R icW) 'DoQ , f t-A § 4.3 Swett' § 4.3.1 Name of bonding company: AUA-0 -- ©wn•er.—> Grp §.4.3.2 Name and address of agent: 67re o i _� 8_Q 51 e� Arno PFrn 6 e S,uT-f-f- gT14 ST• i�ieHi7loNo 1 J�. 475.74 § &0 FINANCING § 5.1 Financial Statement § 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: .1 Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); ,2 Net Fixed Assets; .3 Other Assets; .4 Current Liabilities (e g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accreted payroll taxes); and .5 Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, surplus and retained earnings). S HIBR F AM SEE-— AIA Doctvnent A305�^ —l986. Copyright ®1964,1l169,1979 and 1988 by The Amettcert Inst�trte of Arddteds. All rights reserved. WARNING: TMs AfA° Docutnert Is protected by U.9. Copyright I axv ertd lntematlonal Treaties. Unauthorized reproduction or distritwtlon of this AIA®Document 4 or any portion of 14 may result In severe clvfl and crlm)nal pena{ties, and will be prosecuted to the maximum extent possible under the law. Purct>eseis are permitted to reproduce ten (40j copies of Uds doament when completed. To report copyright vroledons of AlA Contract Dodumerrb, e•m�l The Amtrkarr instriute of Archileds' legal cet>srsei. copyright�lalaorg. 1 § 5.12 Name and address of firm preparing attached financial statement, and date thereof. R�O�YYIARK C0(4STK1kQGi toN , LLC. § 5.1.3 Is the attached financial statement for the identical organization named on page one? § 5.1 d If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e g, parent -subsidiary). P4'P § 5.2 Will the organization whose financial statement is attached act as guarantor ofthe conthict for construction? § 6.0 sIPMTURE § 0.1 Dated this 3 ( day of iY) i9l 20 c-':Z 1 a § 6.2 Name of organization: I RODE MARK Cc) 05*i 2uc-rto'N I LAC By: Title: p W IJ € R I M EF M iseg o� MR I 1—::fZKy L. R06IN SON being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this 3 l day of /')') } y 20 1;R Notary Public: < M ARsEpRA L5i5r-:AT of Gr.?i 1 NE CID My commission expires: CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. Changes will not be obscured.FLMPME AI eDoeument A30674 —196& Copyright ®1964,1969,1979 and 1986 by The American InslilUle of Arehnecls. All dgbts reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of sib Ale Document, rJ or any portion of It. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible larder We law. Purchasers are pemt0ted to reproduce ten (10) copies of this document Moen completed. To report copyright violations or AIA ConjW D=MWnls, a -may The American hadluts of Ardhilects' legal counsel. copydght@ala.org. Other Bidding Information # 1 REFERENCES Worland Realty Max Worland 1235 Clear Creek Lane Richmond, IN 47374 (765) 977-6408 Dr. Chad and Laura Reed 2531 South 23`d Street Richmond, IN 47374 (630) 606-0423 Res -Care, Inc. David Davidson 1010 Kellam Road Centerville, IN 47330 (502) 244-3878 Other Bidding Information #4 DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of Trademark Construction, LLC that disadvantaged businesses, as defined by 49 DFR Part 26, Sub part D and implemented under Rule Chapter 14-78, F.A.C. shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the City of Richmond, Richmond, Indiana The requirements of Rule Chapter 14-78, F.A.C. shall apply to all contracts entered into between the City of Richmond and Trademark Construction, LLC. Sub contractors and/or suppliers to Trademark Construction, LLC will also be bound by the requirements of Rile Chapter 14-78 F.A.C. Trademark Construction, LLC and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C. to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the City of Richmond. Trademark Construction, LLC and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with the City of Richmond. Trademark Construction, LLC has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The liaison officer will be responsible for disseminating this policy statement throughout Trademark Construction, LLC and to disadvantaged controlled businesses. Terry L. Robinson, Owner jlg-gr;11K���2 Exhibit `A' Section II, #1 If awarded this job, work could begin immediately. I anticipate this work to be complete within 150 days of the start date. We are able to control the quality and speed of our workforce with strong relationships that we have formed with our subcontractors. That, coupled with our solid employee base, has allowed us to complete all of our projects on time and with 100% customer satisfaction. 0c]-Wire:�ffiff ifl En ° y P4 U Cd o 9 O to.° ,o w " 2 tw �. W -b O .. k °O O O O Q' 3 w w w a c7 w 3 x as w> 3 w x an r- enNT V1 M NT � t N dz �► 'b M ai O �`y� vim) N ai tj y > z 'b F1'i 0 O .� V1 C.)O �V} it .�4 �'' O Ei 11O ° d 0 't MM N m Cd U a. ►0 U z a z GQ Cd rig U Q c GQ rh a b O O M O N O O N Q M O Z O .--4 N N N M ono 00 � LL A. dNvi 110 Z O U 2 � U a a ° o iO O Q .� U .0 O oH 03 Ao oo o v0A ° 4� & �4+a'ACd C.) � Cd o qUo c�a x cl v� W V C7 x ti a Z O> - .^ o R FOM A 7 .T M a� Q 0 a� O U N N N N r- .-r .-r rr N (V NNN.Ni00NN N N N N N N 0 PPL4 'IT rnOor-aas y w ULr• ti cnO O ►.. 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Pr Q � ~ O O 0000 �O N .fir N d) x x a a o o 'v\i � � � a o \0 \o \0 v o 0 0 0 0 Cr- r- Cr- 0 0 0 0 ON r, o o rn o oA (ONo 0 0 N N N l� M M N •\-+ N O M M 00 ,--4 O O O O kn m O M O O O O r., O O O O O O O O 00 .Nr O O CD O O Cr O� O O Okn M M 0\ O CD �D O O O O� ol�V* %0 00 O wl .-+ .� O O O N O O 00 d' O O \4 N O 00 ,- 4 N V* r- 6cn ,06 N� N (14 69 69 16S 69 69 69 69 69 69 69 69 69 69 z z z z z z z z c � ¢ w :? a a, a a, U °° r. 4 4 Q x Cf) �: ✓ 0000 °,-4 N M \0 0 000 to tn c '-r ~ 00 N O ` 00 "" M ^" •--�cli cn N I" N M O O cl O O 00 � p O, r- .-y 00 N �/► \p O CO 00 0000 n � al r 69 --1 6A ,H 69 1-4 69 � b9 M 69 0 v ► ON d N Exhibit `F' S 3.6 Experience Terry L. Robinson — owner Terry has been involved in new -home construction since 1985. He was a' partner in H & R Developments from 1990 until his partner retired in 2007. He has built more than 550 homes ranging in price from $75,000 to $667.500. He is currently the sole owner of Trademark Construction, which has 3 single-family homes under construction. Mike Frame — project manager Mike attended the NAHB Estimating Course. He has been building new homes since 1996. He was employed by H & R Developments for eight years as project manager until it stopped building homes in 2007. He has been employed by Trademark Construction since its inception in January 2008. Marsi Jordan — office manager Marsi is in the office 40 hours per week. She was employed by H & R Developments for 15 years as bookkeeper/secretary until it stopped building homes in 2007. She has been employed by Trademark Construction since its inception in January 2008 Andrew Morgan — project manager Andy was project manager for G.L. Wilson Building Company and J.D. North Construction for 4 years, prior to coming to Trademark Construction in February 2012. Additionally, he was project manager for 84 Lumber Company for 6years. SCOPE OF WORK 29 FEET SOUTH SIDE LOT #58 B & L FOR CITY OF RICHMOND, INDIANA 215 SOUTH IOf STREET, RICHMOND, IN 1. GENERAL INFORMATION A. Layout by Contractor B. 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 F. Demolish garage 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. 3' 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 E. Pad for a/c condenser 4. EXTERIOR WALLS A. 3 '/2" fiberglass batts - house exterior walls and restrooms 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 Page 1 PAM 5. ROOF AND SOFFIT A. 30-year architectural shingle - color? B. 7/16" plywood roof sheathing 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 G. Continuous ridge vents per code 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 H. Water softener bypass, unsoftened line to refrigerator, kitchen sink, and outside faucets (softener and installation by others) I. Underground conduit for phone line 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 fanlight in each bath (see Customer Option Values) 8. 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 Page 2 R �(� � � n 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 I 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 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) Page 3 JSMff_.19 , PAGE •' .4 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) - $12,000 D. Landscaping - $1,500 E. Plumbing fixtures - $3,000 F. Cabinets and counter tops - $3,500 Page 4 or