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HomeMy Public PortalAboutResolution 1802VILLAGE CLERK RESOLUTION NO. 1802 A RESOLUTION AUTHORIZING A CONSTRUCTION AGREEMENT WITH NORTHERN BUILDERS, INC. WHEREAS, the Village of Plainfield and Northern Builders, Inc. ("Northern") have heretofore entered into a certain Development Agreement, as amended (the "Agreement"); and WHEREAS, among other things, the Agreement contemplates that Northern will construct a new PEMA building for the Village upon the occurrence of certain conditions as set forth in the Agreement; and WHEREAS, the conditions precedent to Northern's obligation to construct the PEMA building have occurred and Northern is presently obligated to construct the PEMA building; and WHEREAS, Northern and the Village desire to memorialize further terms and conditions for the construction of the PEMA building in the form of the agreement attached hereto and incorporated herein as Exhibit A (the "Construction Agreement"). BE IT RESOLVED BY THE PRESIDENT AND BOARD TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, AS FOLLOWS: Section 1: That the Corporate Authorities of the Village of Plainfield hereby authorize the execution of the Construction Agreement in substantially the form attached hereto and incorporated herein by reference as Exhibit A. Section 2: This Resolution shall be in full force and effect from and after its passage and approval. PASSED THIS 5T" DAY OF APRIL, 2021. AYES: Benton, Bonuchi, Calkins, Kalkanis, Larson, Wojowski NAYS: None ABSENT: None APPROVED THIS 5TH DAY OF APRIL, 2021. P�� VILLLAGE PRESIDENT Init. AIA Document A104: 2017 Standard Abbreviated Form of Agreement Between Owner and Contractor AGREEMENT made as of the day of April in the year 2021 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 and the Contractor: (Name, legal status, address and other information) Northern Builders, Inc. 5060 River Road Schiller Park, Illinois 60176 for the following Project: (Name, location and detailed description) PEMA Facility Plainfield Business Center Plainfield, IL The Architect: (Name, legal status, address and other information) Harris Architects, Inc. 4801 Emerson Avenue Palatine, Illinois 60067 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A104" — 2017 (formerly A107TM — 2007). Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) 1 TABLE OF ARTICLES Init. 1 2 3 4 5 6 7 8 THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION CONTRACT SUM PAYMENT DISPUTE RESOLUTION ENUMERATION OF CONTRACT DOCUMENTS GENERAL PROVISIONS OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS CHANGES IN THE WORK TIME PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE AND BONDS CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES 22 ADDITIONAL MISCELLANEOUS PROVISIONS 13 14 15 18 ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. The Work to be provided under this Contract by Contractor shall include completion of all items as set forth in the Exhibits (the "Work") included herein. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. AIA Document A104- — 2017 (formerly A107T"" — 2007). Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. f 1 A date set forth in a notice to proceed issued by the Owner. Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) Three (3) days after issuance of site work permit. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 Substantial Completion § 2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check the appropriate box and complete the necessary information.) Not later than ( ) calendar days from the date of commencement of the Work. By the following date: February 28, 2022 (subject to availability of precast and steel) § 2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Substantial Completion Date 2.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 2.3, liquidated damages, if any, shall be assessed as set forth in Section 3.5. ARTICLE 3 CONTRACT SUM § 3.1 The (Paragraphs deleted) parties agree and acknowledge that Contractor shall, at its sole cost and expense, complete the Work as described in the Outline Specifications in accordance with Section 2 of that certain Development Agreement by and between Contractor, Owner and Plainfield Northern LLC dated May 21, 2018, as amended. The terms and conditions of said Development Agreement are incorporated herein by reference. The Owner shall not be responsible for any of the Costs of the Work unless Owner and Contractor agree to a Change Order for additional Work for which Owner shall be obligated to and shall pay Contractor in accordance with the terms hereof. The first Change Order shall be for the additional scope items set forth in Exhibit B. The cost for the Change Order shall be paid by Owner as set forth herein. In the event of a conflict between this Contract and the Development Agreement, except for the provisions set forth in the Outline Specifications attached as Exhibit A and the Floor Plan attached as Exhibit B, the terms set forth in the Development Agreement shall control and be binding on the parties. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) AIA DocumentA104"' — 2017 (formerly A107TM — 2007). Copyright© 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects. AIA ' the AIA. Logo and 'AIA Contract Documents" are registered trademarks and may not he used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) ARTICLE 4 PAYMENT § 4.1 Progress Payments § 4.1.1 Based upon Applications for Payment submitted to the Owner by the Contractor for any Change Orders, the Owner shall make progress payments on account of the amount of the Change Order to the Contractor as provided below and elsewhere in the Contract Documents. Init. § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 4.1.3 Provided that an Application for Payment is received by the Owner not later than the 15th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the first day of the following month. If an Application for Payment is received by the Owner after the date fixed above, payment shall be made by the Owner not later than twenty (20) days after the Owner receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 4.1.4 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold retainage from the payment otherwise due as follows: (Insert a percentage or amount to be withheld as retainage from each Application for Payment and any terms for reduction of retainage during the course of the Work. The amount of retainage may be limited by governing law.) Ten percent (10%) Retainage until the Project is fifty percent (50%) complete at which time Retainage shall be reduced to five percent (5%). § 4.1.5 Payments due and unpaid under the Contract shall 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. (Insert rate of interest agreed upon, if any.) 6% six percent § 4.2 Final Payment § 4.2.1 (Paragraphs deleted) The Owner's final payment to the Contractor for any Change Orders shall be made no later than 20 days after the approval of the Work by Owner. § 4.2.2 The Contractor shall pay all subcontractors and materialmen for the Work on a timely basis subject to retainage as set forth above. ARTICLE 5 DISPUTE RESOLUTION § 5.1 Binding Dispute Resolution For any claim subject to, but not resolved by, mediation pursuant to Section 21.5, the method of binding dispute resolution shall be as follows: (Check the appropriate box .) [X] Arbitration pursuant to Section 21.6 of this Agreement [ Litigation in a court of competent jurisdiction Other (Specify) AIA Document A104— — 2017 (formerly A107T'" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. fte ,r enean ._ t r = i_ ,:go and AIA Contras Dor.0 sent, are ; e -,catered trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent urisdictien. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed AIA Document A 104TM_2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. § 6.1.2 AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) § 6.1.3 The Supplement Document and other Conditions of the Contract: Title Date Pages § 6.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Northern Builders, Inc. Outline Specifications for PEMA Facility dated March 4, 2021 attached hereto and made a part hereof as Exhibit A. Section = Title § 6.1.5 The Drawings: (Either list the Drawings here or refe, Number § 6.1.6 The Addenda, if any: Number Date Pages o; an exhibit attached to this Agreement.) Title Date Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are enumerated in this Article 6. § 6.1.7 Additional documents, if any, forming part of the Contract Documents: .1 Other Exhibits: (Check all boxes that apply) (Paragraphs deleted) (Table deleted) (Paragraphs deleted).2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents.) AIA Document A104- — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American Institute of Architects' 'AIA," the AIA Logo and 'AIAContract Documents' are registered trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Contractor shall complete the Work to provide Owner with: Init. (a) The floor plan of the PEMA Facility built in accordance with the Floor Plan dated March 4, 2021 as modified on the copy of the Floor Plan attached hereto and made a part hereof as Exhibit B. Said Exhibit B also includes the additional scope items to be covered by Change Order No. 1; (b) The PEMA Facility built in accordance with the Site Plan dated March 4, 2021 attached hereto and made a part hereof as Exhibit C. Exhibits B and C set forth in items (a) and (b) above are each subject to further modification as agreed to by the parties within thirty (30) days of approval of the Contract by Owner. ARTICLE 7 GENERAL PROVISIONS § 7.1 The Contract Documents The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement. 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. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 7.4 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 7.5 Ownership and use of Drawings, Specifications and Other Instruments of Service § 7.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub -subcontractors and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to the protocols established pursuant to Sections 7.6 and 7.7, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. AIA Document A104- - 2017 (formerly A107T" - 2007). Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. § 7.6 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 7.7 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G02T"'-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 7.8 Severability The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. § 7.9 Notice § 7.9.1 Except as otherwise provided in Section 7.9.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission in accordance with AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering Notice in electronic format such as name, tide and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) § 7.9.2 Notice of Claims shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 7.10 Relationship of the Parties Where the Contract is based on the Cost of the Work plus the Contractor's Fee, with or without a Guaranteed Maximum Price, the Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 8 OWNER § 8.1 Information and Services Required of the Owner § 8.1.1 Prior to commencement of the Work, at the written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 8.1.1, the Contract Time shall be extended appropriately. § 8.1.2 The Owner shall furnish all necessary surveys and a legal description of the site. AIA Document A104- — 2017 (formerly A107TM — 2007). Copyright© 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American Institute of Architects 'AIA " the ALA Logo and AIA Contract Documents" are registered tiailemarKs an7 may not be used withou xatutission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 8.1.3 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. § 8.1.4 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments, and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. § 8.2 Owner's Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to any other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 15.4.3, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including the Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 21. ARTICLE 9 CONTRACTOR § 9.1 Review of Contract Documents and Field Conditions by Contractor § 9.1.1 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. § 9.1.2 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 8.1.2, 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 Architect any errors. inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 9.2 Supervision and Construction Procedures § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. Init. AIA Document A104' — 2017 (formerly A107TM - 2007). Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 Labor and Materials § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.3.2 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 skilled in tasks assigned to them. § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and in accordance with a Modification. Init. § 9.4 Warranty The Contractor warrants to the Owner 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 warrants that the Work will conform to 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, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. All other warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 15.6.3. The warranty shall be for a period of one (1) year from Substantial Completion. § 9.5 Taxes The Contractor shall pay sales, consumer, use, and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 Permits, Fees, Notices, and Compliance with Laws § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 Allowances The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Contractor's costs for unloading and handling at the site, labor, installation, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowance. § 9.8 Contractor's Construction Schedules § 9.8.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be AIA Document A104' — 2017 (formerly A107TM - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright©aia.org. User Notes: (1329018965) Init. related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner. § 9.9 Submittals § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Owner Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements, and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.9.3 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 or unless the Contractor needs to provide such services in order to carry out the Contractor's own responsibilities. If professional design services or certifications by a design professional are specifically required, the Owner and the Architect will specify the performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional. If no criteria are specified, the design shall comply with applicable codes and ordinances. Each Party shall be entitled to rely upon the information provided by the other Party. The Architect will review and approve or take other appropriate action on submittals for the limited purpose of checking for conformance with information provided and the design concept expressed in the Contract Documents. The Architect's review of Shop Drawings, Product Data, Samples, and similar submittals shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. In performing such review, the Architect will approve, or take other appropriate action upon, the Contractor's Shop Drawings, Product Data, Samples, and similar submittals. § 9.10 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumberthe site with materials or equipment. § 9.11 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. § 9.12 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus material from and about the Project. § 9.13 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 9.14 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 and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a 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 or Architect. However, if an infringement of a copyright or AIA Document A104- — 2017 (formerly A107T"' — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American Institute of Architects AIA the A!A Logo, and 'AIA Contract Documents. are registered trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 9.15 Indemnification § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 9,15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. Init. ARTICLE 10 ARCHITECT § 10.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction, until the date the Architect issues the Certificate of Substantial Completion. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. The Architect shall report to Owner discrepancies and/or issues relating to Contractor's performance and completion of the Work. (Paragraphs deleted) ARTICLE 11 SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner of the Subcontractors or suppliers proposed for each of the principal portions of the Work, The Contractor shall not contract with any Subcontractor or supplier to whom the Owner has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. AIA Document A104- — 2017 (formerly A1077M-2007). Copyright© 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved The Ame icar M -t tote of ArchrteMs r , ` b _ Aire, t_„..10 and 'AIA Contract oc-ur =g sk c -d trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. § 12.2 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a Separate Contractor because of delays, improperly timed activities, or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work, or defective construction of a Separate Contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner and Contractor, or by written Construction Change Directive signed by the Owner. Upon issuance of the Change Order or Construction Change Directive the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in theChange Order or Construction Change Directive. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner, by the Contractor's cost of labor; material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Contractor will prepare a Change Order. § 13.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner promptly and before conditions are disturbed. (Paragraph deleted) ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing this Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided,Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.6.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) changes ordered in the Work; (2) by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, delays in permitting or governmental approvals, delays caused by pandemic, unavoidable casualties, availability of precast and steel, or any causes beyond the Contractor's control; or (3) by other causes that the Contractor asserts, and the Owner determines, justify delay, then the Contract Time shall be extended for such easonable time as the parties may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION (Paragraphs deleted) AIA Document A104' —2017 (formerly A107TM — 2007). Copyright© 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects' .AIA.' the ALA Logo and 'AIA Contract Documents" are registered trail arks and inay not be used vitnuut t;ernr,ssion This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 15.3 Applications for Payment of Change Orders § 15.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Owner an Application for Payment prepared in accordance with the schedule of values, if required under Section 15.1, for completed portions of the Work. The application shall be in the form of a Contractor's Statement and shall be notarized, if required; be supported by Contractor's waiver of lien to date and thirty (30) day trailing waivers for subcontractors; shall reflect retainage if provided for in the Contract Documents. 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 supplier, unless such Work has been performed by others whom the Contractor intends to pay. (Paragraph deleted) § 15.3.3 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 stored, and protected from damage, off the site at a location agreed upon in writing. § 15.3.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.4 Certificates for Payment § 15.4.1 The Owner will, within seven days after receipt of the Contractor's Application for Payment, either pay for such amount as the Owner determines is properly due, or notify the Owner of the Owner's reasons for withholding payment in part as provided in Section 15.4.3. (Paragraph deleted) § 15.4.3 The Owner may withhold a Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Owner's opinion the representations to the Owner required by Section 15.4.2 cannot be made. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Contractor as provided in Section 15.4.1. 1 f the Contractor and the Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount for which the Owner is able to make such representations to the Owner. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Owner's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third -party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. (Paragraph deleted) § 15.5 Progress Payments § 15.5.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub -subcontractors in a similar manner. § 15.5.2 The Owner shall have no obligation to pay or see to the payment of money to a Subcontractor or supplier except as may otherwise be required by law. Init. AIA Document A104'" — 2017 (formerly A107'" — 2007). Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 15.5.3 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. § 15.5.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 15.6 Substantial Completion § 15.6.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 15.6.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.6.3 Upon receipt of the Contractor's list, the Owner will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Owner determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and 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. § 15.6.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to the 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. § 15.7 Final Completion and Final Payment § 15.7.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection and, when the Owner finds the Work acceptable under the Contract Documents and the Contract fully performed, the Owner shall pay the Contractor for any amounts remaining due for Change Orders. § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. § 15.7.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 15.7.4 Acceptance of final payment by the Contractor, a Subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of the final Application for Payment. Init. AIA Document A104'" — 2017 (formerly A107TM - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered 14 trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury, or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 1612 and 16.1.3. The Contractor may make a claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either 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 9.15. § 16.2 Hazardous Materials and Substances § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the. Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 16.2.3 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. ARTICLE 17 INSURANCE AND BONDS § 17.1 Contractor's Insurance § 17.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in this Section 17.1 or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the insurance required by this Agreement from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as forth in Section 18.4, unless a different duration is stated below: § 17.1.2 AIA DocumentA104- — 2017 (formerly A107T" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "rauerican institute of 4rc hite is AIA ` ite Ake Log .rid AiA Contiact Doopments are registered trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. (Paragraphs deleted) Contractor shall obtain insurance for the Project as required as Insurance as described on Exhibit D, Insurance, attached hereto and made a part hereof. (Table deleted) (Paragraphs deleted) § 17.2 Owner's Insurance § 17.2.1 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.2.2 Property Insurance § 17.2.2.1 The Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed or materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section 17.2.2.2, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub -subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § 17.2.2.2 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section 17.2.2.1 or, if necessary, replace the insurance policy required under Section 17.2.2.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 18.4. § 17.2.2.3 If the insurance required by this Section 17.2.2 is subject to deductibles or self -insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § 17.2.2.4 If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 18.4, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § 17.2.2.5 Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Section 17.2.2 and, upon the Contractor's request, provide a copy of the property insurance policy or policies required by this Section 17.2.2. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. § 17.2.2.6 Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17.2.2, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 17.2.2.7 Waiver of Subrogation § 17.2.2.7.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; and (2) Separate Contractors, 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 those losses are covered by property insurance required by this Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the AIA Document A104' — 2017 (formerly A107 TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered 16 trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations. e-mail copyright@aia.org. User Notes: (1329018965) Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this Section 17.2.2.7 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 17.2.2.7.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 17.2.2.7.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 17.2.2.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements, written where legally required for validity, the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. Init. (Table deleted) (Paragraphs deleted) § 17.3 Performance Bond and Payment Bond and Completion Guaranty § 17.3.1 The Owner shall have the right to require the Contractor to furnish a Performance and Payment Bondcovering the faithful performance of the Contract and payment of obligations arising thereunder as stipulated in the Contract Documents on the date of execution of the Contract. The amount of said Bond shall be an amount reasonably determined by the parties to cover the cost of materials, equipment, fixtures and labor included in the Work. The amount of said Bond shall be reduced periodically upon submission by Contractor to the Owner of proof, reasonably satisfactory to the Owner, of Work completed and paid for to date. § 17.3.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. (Paragraph deleted) ARTICLE 18 CORRECTION OF WORK§ 18.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Owner's services and expenses made necessary thereby, shall be at the Contractor's expense. § 18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.6.3, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. AIA Document A104'" — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American institute of Architects' 'AIA, the AIA Logo and AA Contract Documents' are registered trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 Assignment of Contract Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 19.2 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21.6. § 19.3 Tests and Inspections Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided. the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 19.4 The Owner's representative: (Name, address, email address and other, information) Village of Plainfield Brian Murphy Village Manager 24401 W. Lockport Street Plainfield, IL 60544 § 19.5 The Contractor's representative: (Name, address, email address and other information) Mark A. Fordon Northern Builders, Inc. 5060 River Road Schiller Park., IL 60176 mfordon@northernbuilders.com § 19.6 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 Termination by the Contractor If the Architect fails to certify payment as provided in Section 15.4.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days' notice to the Owner, terminate the Contract and recover from the Owner payment Init. AIA Document A104' — 2017 (formerly A107TM —2007). Copyright© 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American Institute of Architects 'AIA the AIA Logo. and ".AIA Contract Documents are registered trademai Ks and inay not be Used v,ithout permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents', Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 20.2 Termination by the Owner for Cause § 20.2.1 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. § 20.2.2 When any of the reasons described in Section 20.2.1 exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. Init. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. (Paragraphs deleted) ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes, and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.11 and Sections 15.7.3 and 15.7.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 Notice of Claims § 21.2.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 18.2, shall be initiated by notice to the Architect within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 21.2.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 18.2, shall be initiated by notice to the other ply. § 21.3 Time Limits on Claims The Owner and Contractor shall commence all claims and causes of action against the other and arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in this Agreement whether in contract, tort, breach of warranty, or otherwise, within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 21.3. § 21.4 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. AIA Document A104' — 2017 (formerly A107T"" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered 19 trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. § 21.5 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed n advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 21.6 If the parties have selected arbitration as the method for binding dispute resolution in this 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 the Construction Industry Arbitration Rules in effect on the date of this Agreement. 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 award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 21.7 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). 21.8 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, any party to an arbitration may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the party sought to be joined consents in writing to such; joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described in the written Consent. § 21.9 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof § 21.10 Continuing Contract Performance Pending final resolution of aClaim, except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 21.11 Waiver of Claims for Consequential Damages The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and 2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 20. Nothing contained in this Section 21.11 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. ARTICLE 22 ADDITIONAL MISCELLANEOUS PROVISIONS § 22.1 GOVERNING LAW § 22.1.1 The Contract shall be governed by the law of the State of Illinois. AIA Document A104' — 2017 (formerly A107'"' — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The '.American institute of Architects -,AIA the AIA Logo and 'ALA Contact Documents" are registered trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. § 22.1.2 HUMAN RIGHTS ACT To the extent required by law, Contractor shall comply with the terms and procedures of the Illinois Human Rights Act, 775 ILCS 10/0.01 et.seq. To the extent required by law, Contractor agrees as follows: That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service, and further that it will examine all job classifications to determine if minority persons or women are under-utilized and will take appropriate affirmative action to rectify any such utilization. 2. That, if it hires employees in order to perform this Contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not under-utilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Contractor's obligations under the Illinois Human Rights Act and the Department's Rules and Regulation. If any such labor organization or representative fails or refuses to cooperate with the Contractor in its efforts to comply with such Act and Rules and Regulations, the Contractor will promptly so notify the Department and the Contracting agency will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5. That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the Contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 6. That it will permit access to all relevant books, records, accounts and Work sites by personnel of the Contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 7. That it will include verbatim or by reference the provision of this clause in ever Subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such Subcontract. In the same manner as with other provisions of this Contract, the Contractor will be liable for compliance with applicable provisions of this clause by such Subcontractors; and further it will promptly notify the Contracting Agency and the Department in the event any Subcontractor fails or refuses to comply therewith. In addition, the Contractor will not utilize any Subcontractor declared by the Illinois Human Rights Commission to be ineligible for Contracts or Subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. § 22.1.3 NOT BARRED. The Contractor by submitting its bid certifies that the Contractor is not barred from bidding on the Contract as a result of a conviction for either bid -rigging or bid rotating as defined in the Illinois Criminal Code — 720 ILCA 5/33/E-11. § 22.1.4 DRUG FREE WORKPLACE. The Contractor by submitting its bid certifies that it will provide a drug free workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580.1 et seq. § 22.1.5 SEXUAL HARASSMENT The Contractor by submitting its bid certifies that it has a written sexual harassment policy which includes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment; (iii) a description of sexual harassment, utilizing examples; (iv) an internal complaint process including penalties; (v) the legal recourse,investigative and compliant process through the Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation for exercising rights under the policy in accordance with 775 ILCS 5/1 —15.1.1 The Owner and other parties to this Contract are subject to the rules and regulations of the Illinois Department of Human Rights and the statutory requirements thereof. AIA Document A104'" - 2017 (formerly A107TM - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered 21 trademarks and may not be u. ahout permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 22.1.6 ILLINOIS DEPARTMENT OF LABOR REQUIREMENTS § 22.1.6.1 It shall be mandatory upon the Contractor and upon any Subcontractors thereof to pay all laborers, workmen, and mechanics employed by them not less than the prevailing wages in the locality for each craft or type of workman or mechanic needed to perform such work and the general prevailing rate for legal holidays and overtime work as ascertained by the Illinois Department of Labor and pursuant to Illinois law and statutes in such case made and provided. § 22.1.6.2 The Contractor and Subcontractors shall comply with the Illinois Prevailing Wage Act, 830 ILCS 1301, et seq. and shall include in Bids the costs for the current prevailing wage. As changes are made in these prevailing wages, the Contractor and Subcontractors performing Work on the Project will be responsible for conforming to the changes and shall have the responsibility for determining when changes are made. No additional costs are to be incurred by the Owner as a result of changes in the prevailing wage. All record keeping requirements are the obligation of the Contractor and Subcontractors. Certified payrolls must be submitted to the Owner pursuant to the Illinois law. § 22.1.6.3 To the extent that there are any violations of the Prevailing Wage Act (the "Act") and any demands are made upon the Owner or Architect, by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project, the Contractor shall be responsible for indemnifying and holding the Owner and Architect free and harmless from all costs, liability or damages incurred, directly or indirectly, by the Owner, or Architect including attorneys' fees, in responding to and complying with demands made by the Department of Labor or an aggrieved employee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner and Architect shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to the Act. § 22.1.6.4 No less than once per month, the Contractor shall submit certified payrolls to the Owner in compliance with the Illinois Prevailing Wage Act. § 22.1.6.5 In the employment and use of labor, and to the extent required by law, the Contractor shall conform to the Illinois Veterans Preference Act as amended (330 ILCS 55/1 etseq.) and to the Employment of Illinois Workers on Public Works Act (30 ILCS 570/1 et seq.). § 22.1.7.1 Ethics: Code of Conduct. (a) Personal Conflict of Interest. The Contractor and Owner shall conform to the requirements that they maintain a written code or standard of conduct to which shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by federal or state funds. Such code shall provide that no employee, officer, board member, or agent of the parties may participate in the selection, award, or administration of a contract supported by federal or state funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: (i) The employee, officer, board member, or agent; (ii) Any member of his or her immediate family; (iii) His or her partner; or (iv) An organization that employs, or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members, and agents shall apply for one year. The code shall also provide that each parties' employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, Init. AIA Document A104' — 2017 (formerly A107T" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American Institute of Architects," "AIA' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) potential contractors, or parties to sub -agreements. The Department may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the Contractor or the Owner relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the parties from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. (b) Organizational Conflict of Interest. The Contractor and Owner will also prevent any real and apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third -party contractor or impair the objectivity in performing the contract work. .2 Bribery. Contractor shall certify that they have not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government, nor has Contractor made an admission of guilt of such conduct which is a matter of record, nor has an official, agent, or employee of PACE or third -party contractors committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of PACE. Contractor shall further certify that they have not been barred from contracting with a unit of the State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code. § 22.1.7.2 Labor Law Compliance: Owner and Contractor agree to comply with all labor laws pertaining to the Project, if any, and all applicable state and federal laws and regulations including, but not limited to, the following: laws and regulations relating to minimum wages to be paid to employees, limitations upon the employment of minors, minimum fair wage standards for minors, payment of wages due employees, and health and safety of employees. The Contractor should be aware that the Employment of Illinois Workers on Public Works Act (30 ILCS 570/1 et seq.) may apply to contracts funded or financed in whole or in part with State funds. The Contractor also agrees to require any contractor doing construction work or performing professional or consulting service in connection with the Project to agree to such compliance. § 22.1.7.3 Pursuant to Compliance with Federal, State, and Local Law: In the performance of its obligations pursuant to this Agreement, the Contractor and Owner shall comply with all applicable provisions of federal, state, and local law. All limits and standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements and shall not affect the application to the performance of the Project of more restrictive local standards that are not inconsistent with the limits and standards of this Agreement. This Agreement entered into as of the day and year first written above. Init. [SIGNATURE PAGE FOLLOWS] AIA Document A104"' — 2017 (formerly A107 TM - 2007). Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Init. VILLAGE OF PLAINFIELD 0 E (Signature) micim 1004/ (Printed name and title NORTHERN BUILDERS, INC. CONTRACTOR (Signature) ..S A114,1 1 ? 3I E1 f Thomas D. Grusecki, President & CEO (Printed name and title) AIA Document A104- - 2017 (formerly A107T" - 2007). Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) 24 DocuSign Envelope ID: 265AF2D1-5D77-4108-89C0-01CAB853B197 VILLAGE OF PLAINFIELD NORTHERN BUILDERS, INC. DocuSig ned by: --t,thwtaS V. ant t,at i OWNER (Signature) CONTRACTO (i5 g ature BD'c3 Thomas D. Grusecki, President & CEO (Printed name and title) (Printed name and title) Init. AIA Document A104- - 2017 (formerly A107- - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered 24 trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 t which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia org User Notes: (1329018965) Additions and Deletions Report for AIA® Document A104TM — 2017 This Additions to the standarc and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:13:22 ET on 04/01/2021. PAGE 1 AGREEMENT made as of the day of April in the year 2021 Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 Northern Builders, Inc. 5060 River Road Schiller Park, Illinois 60176 PEMA Facility Plainfield Business Center Plainfield. IL Harris Architects, Inc. 4801 Emerson Avenue Palatine, Illinois 60067 PAGE 2 22 ADDITIONAL MISCELLANEOUS PROVISIONS The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. The Work to be provided under this Contract by Contractor shall include completion of all items as set forth in the Exhibits (the "Work") included herein. PAGE 3 [) ] Estat lished as follows: Three (3) days after issuance of site work permit. Additions and Deletions Report for AIA Document A104" — 2017 (formerly A107T" — 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) By the following date: February 28, 2022 (subject to availability of precast and steel) § 3.1 The Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) { ] { ]` Stipulated Sum, in accordance with Section 3.2 below Cost of the Work plus the Contractor's Fee, in {Based on the selection above, completc Section 3.2, 3.3 or 3.4 below.) parties agree and acknowledge that Contractor shall, at its sole cost and expense, complete the Work as described in the Outline Specifications in accordance with Section 2 of that certain Development Agreement by and between Contractor, Owner and Plainfield Northern LLC dated May 21, 2018, as amended. The terms and conditions of said Development Agreement are incorporated herein by reference. The Owner shall not be responsible for any of the Costs of the Work unless Owner and Contractor agree to a Change Order for additional Work for which Owner shall be obligated to and shall pay Contractor in accordance with the terms hereof. The first Change Order shall be for the additional scope items set forth in Exhibit B. The cost for the Change Order shall be paid by Owner as set forth herein. In the event of a conflict between this Contract and the Development Agreement, except for the provisions set forth in the OutlineSpecifications attached as Exhibit A and the Floor Plan attached as Exhibit B the terms set forth in the Development Agreement shall control and be binding on the parties. § 3.2.2 Unit prices, if any: applicable .1 Item § 3.2.3 Allowances, if any, included in the stipulated sum: Item Pciee Ge-per—Unit-4100) § 3.3.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work. § ;3.3.2 The Contractor's Fee: method is f u justmcnt 10 t -co- ie -eef r -changes in t-the-Wor-1 Additions and Deletions Report for AIA Document A104'" — 2017 (formerly A107T" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The » "dean Instdute of Architects ALA the `I A L ogu ar' l AIA Contract Docurnerds are , gistered r ude:nar hs and may not t'_e r,,seni ,, . ,. _ s _.Ion This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 3.4.2 The Contractor's Fee: method efaa t „i tt- ry I _ J'.,a ,."aa � .u.iSc�m�ic—�r-m-rrT paid by the Contractor without reimbursement by thc Owner. Ccntr st n nt >a are t el. ase ted w the Owne. § 3.4.3.3 Unit Prices, if any: se -per -141,14-40 fi ?A 4 A Ai. F P a t h t r . d M n Prise § 3:A..4 a T -e +t t th t h G . t n anticipated to require further development, the Guaranteed Maximum -Brie. e-ifiel-ades-the-easts-attrikitable-te-sueh-fufther-Elevetopment-eensistent-with-the-Centraet-Doeuments agreed upon assumptions contained in Section 3.4.3.5 and thc revised Contract Documents. § 4 c i i .:dated damage. i f an y: Additions and Deletions Report for AIA Document A104'" — 2017 (formerly A107T" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'Imerican e,shfute of aects TA the A Lcg fiTTA „.intro . .: un ,nts' e e ,ste,ed ad,f, re, s end n -,ay not he us ed .. tl-cut ,=c,, This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) PAGE4 § 4.1.1 Based upon Applications for Payment submitted to the ^ rohiteet by the Co * d r rt'f f Payment issued by `he ^ rchi. ' tw Owner by the Contractor for any Change Orders, the Owner shall make progress payments on account of*he Contract Sum of the amount of the Change Order to the Contractor as provided below and elsewhere in the Contract Documents. § 4.1.3 Provided that an Application for Payment is received by the Architect Owner not later than the 15th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the first day of the following month. If an Application for Payment is received by the Architect Owner after the date fixed above, payment shall be made by the Owner not later than (—)-twenty (20) days after the Architect Owner receives the Application for Payment. Ten percent (10%) Retainage until the Project is fifty percent (50%) complete at which time Retainage shall be reduced to five percent (5%). %---6% six percent § 4.2.1 Contractor when .1 the -contractor -has -gully performed the Contract except for the Contractor's responsibility to correct payment: .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 15.7.1.The Owner's final payment to the Contractor for any Change Orders shall be made no later than 20 days after the approval of the Work by Owner. § 4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Contractor shall pay all subcontractors and materialmen for the Work on a timely basis subject to retainage as set forth above. [ I] Arbitration pursuant to Section 21.6 of this Agreement PAGE 5 Northern Builders, Inc. Outline Specifications for PEMA Facility dated March 4, 2021 attached hereto and made a part hereof as Exhibit A. { ] Exhibit A, Determination of the Cost of the Work. Additions and Deletions Report for AIA Document A104- - 2017 (formerly A1071' - 2007). Copyright CI 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) PAGE 6 PAGE 9 { ] AIA Document E204TM 2017, Sustainable Projects Exhibit, dated as indicated below: { Title The Sustainability Plan: Date Pages 1 ] Supplementary and other Conditions of the Contract: Document Title Date Pages .2 Other documents, if any, listed below: Contractor shall complete the Work to provide Owner with: (a) The floor plan of the PEMA Facility built in accordance with the Floor Plan dated March 4, 2021 as modified on the copy of the Floor Plan attached hereto and made a part hereof as Exhibit B. Said Exhibit B also includes the additional scope items to be covered by Change Order No. 1; (b) The PEMA Facility built in accordance with the Site Plan dated March 4, 2021 attached hereto and made a part hereof as Exhibit C. Exhibits B and C set forth in items (a) and (b) above are each subject to further modification as agreed to by the parties within thirty (30) days of approval of the Contract by Owner. The Contractor warrants to the Owner 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 warrants that the Work will conform to 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, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. All other warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 15.6.3. The warranty shall be for a period of one (1) year from Substantial Completion. § 9.8.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's andA ra information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. Owner. PAGE 10 Additions and Deletions Report for AIA Document A104' — 2017 (formerly A107TM — 2007). Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 5 Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright©aia.org. User Notes: (1329018965) § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Owner Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner an ctthat the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements, and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. PAGE 11 § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for vhose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 10.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction, until the date the Architect issues the final Certificate for Payment. Certificate of Substantial Completion. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. The Architect shall report to Owner discrepancies and/or issues relating to Contractor's performance and completion of the Work. inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or Contract Documents. Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 10.5 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Paymcnt, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such ameunts inspeetiewer-testing-ef-the-Werk,k Additions and Deletions Report for AIA Document A104- — 2017 (formerly A107''" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Iii Arttei,gaa flst,tutte of Archdects AiA the AIA Logo, and ALA L_.o .n's' aLe < _te,nd t,aderrat,ks ano ['nay r o t be r ed w J.oi, n ei s.ion This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 10.8 The Architect will interpret and decide matters conccrning pie under, and requirements of, the efan , :nter„retation.. er decisions rendered eed f ith expressed in the Contract Documents. § 11.2 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the Subcontractors or suppliers proposed for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner Of Arehiteet-has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor, shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner -and Architect, Owner, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. PAGE 12 § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor, and Architect, Owner and Contractor, or by written Construction Change Directive signed by the O Architect. Owner. Upon issuance of the Change Order or Construction Change Directive, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order or Construction Change Directive. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, Owner, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect Contractor will prepare a Change Order. § 13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inco: si tent with the intent o fthe Contract Documents Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the Additions and Deletions Report for AIA Document A104'" — 2017 (formerly A107T"' — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects AIA ' the AIA Logo and AtA Contract Documents are registered trademark., and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) change in the Work.If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractorprovides notice to the Owner promptly and before conditions are disturbed. pr-evi-des-netiee-te-the-Owner-and-Afehiteet-pnamptty-an-d-befeFe-eonditions-ar-e-d-istttrhed, § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) changes ordered in the Work; (2) by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, delays in permitting or governmental approvals, delays caused by pandemic, unavoidable casualties, availability of precast and steel, or any causes beyond the Contractor's control; or (3) by other causes that the Contractor asserts,and the Architect Owner determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect parties may determine, subject to the provisions of Article 21. pursuant to Section 3.2 or 3.1, the Contractor shall submit a schedule of values to the Architect before the first of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy required by the Architect. This schedule of values shall be used as a basis for reviewing the Contractor's § 15.1.2 The allocation of the Stipulated Sum or Guaranteed Maximum Price under this Section 15.1 shall not values. of executing this Agreement. The Control Estimate shall include the estimated Cost of the Work plus the Contractor's Fee. § 'IS 7 7 The Cont el Estimate shall include• .1 the documents enumerated in Article 6, including all Modifications thereto; 3. a statement of the estimated Cost of the Work organized by trade categories or systems and the Contractor's Fee; .4 a project schedule upon which the Control Estimate is based, indicating proposed Subcontractors, Owner's occupancy requirements, and the date of Substantial Completion; and 5' a fist of any contingency amounts included in the Control Estimate for further development of design and construction. § 15.2.3 When the Control Estimate is acceptable to the Owner and Architect, the Owner shall acknowledge it in writing. The Owner's acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. Additions and Deletions Report for AIA Document A104'" — 2017 (formerly A107"" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved me meibtan ntstitt.te cf ,1 ,.h sec. 41A " the 1A Logo e,ld e•IA Donhact Documents' are e 1 stered hadema,ks god csay not be .,s: _ t sstistLt. tt,t, tcsson This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 15.2.4 The Contractor shall develop and implement a detailed system of cost control that will provide the Owner and changes. This information shall be reported to the Owner, in writing, no later than the Contractor's first Application for Payment and shall be revised and submitted with each Application for Payment. § 15.3 Applications for Payment of Change Orders § 15.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the A rchiteot an iten; oa Owner an Application for Payment prepared in accordance with the schedule of values, if required under Section 15.1, for completed portions of the Work. The application shall be in the form of a Contractor's Statement and shall be notarized, if required; be supported by all'data substanti 'tins the Contractor's gl t t„ p ent that the Owner or Architect require; Contractor's waiver of lien to date and thirty (30) day trailing waivers for subcontractors; shall reflect retainage if provided for in the Contract Documents; and include any revised cost control Documents. 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 supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 15.3.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of § 15.4.1 The Architect Owner will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect pay for such amount as the Owner determines is properly due, or notify the Contractor and Owner of the Architect's reasons f withholding e .tifcation in wh le or Owner of the Owner's reasons for withholding payment in part as provided in Section 15.4.3. § ,15.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment in the amount certified. issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or Contract Sum. § 15.4.3 The Architect Owner may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's Owner's opinion the representations to the Owner required by Section 15.4.2 cannot be made. If the Architect Owner is unable to certify payment in the amount of the Application, the Architect Owner will notify the Contractor and -Owner -as provided in Section 15.4.1. If the Contractor and the Additions and Deletions Report for AIA Document A104— — 2017 (formerly A107T" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American Institute of Architects 'AIA " the AIA :;yo and AIA 9 Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Architect Owner cannot agree on a revised amount, the Architect Owner will promptly issue a Certificate for Payment for the amount for which the Architect Owner is able to make such representations to the Owner. The Architect Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's Owner's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of § 15.5.2 Neither t1 O" r rchiteet shallll have an The Owner shall have no obligation to pay or see to the payment of money to a Subcontractor or supplier except as may otherwise be required by law. § 15.5.3 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. PAGE 14 § 15.6.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect Owner a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.6.3 Upon receipt of the Contractor's list, the Architect Owner will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect Owner determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and 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. 15.7.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect Owner will promptly make such inspection and, when the Architect Owner finds the Work acceptable under the Contract Documents and the Contract fully performed, the b ... ... .,. . : : .. r::. , .. r _ -`- r_.. r--_"' � ,.._.:_� .1. ,...,., al. ,, h.,,.♦ .,F rho A r,.h.to,.r � L.,..,,,lo.l ..o h h n ful f ll ea Owner shall pay the Contractor for any amounts remaining due for Change Orders. PAGE 15 § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Additions and Deletions Report for AIA Document A104- — 2017 (formerly A107T"' — 2007). Copyright © 1936, 1951, 1958 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. ne Amensan ''nsttute ,Atclmects 10 Contract Documents" are registered trademarks and may not to used ne'thout eel mra ion This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 16.2.2To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 17.1.2 than ($ ' ) each occurrence, ($ ) general aggregate, and ($ ) aggregate for products completed operations hazard, pfeviding-coNerege-for-clainra-M. eluding death-e€-any-perso 2 personal and advertising injury; 3 damages because of physical damage to or destruction of tangible property, ' luding ♦he 10 ^fuse of soch-propertti .5 the Contractor's indemnity obligations under Section 9.15. Contractor shall obtain insurance for the Project as required as Insurance as described on Exhibit D, Insurance, attached hereto and made a part hereof. §-1-7-14-Auterfokile-14-ahililti-eever-ing-v-eh-jeles-owffed-by-the-Gelltfactor-and-non'ewfle("eehie4es-us— el -13)411e Contractor, with policy limits of not less than ($ ) per accident,f dil , death o f any r , and —property Section 17.1.2 and 17.1.3, a tual pare nt b. the unel ly ng.. in urers § 17.1.6 Employers' Liability with policy limits not less than ($ ) each accident, ($ ) each employee, and ($ ) ($ ) per claim and ($ ) in the aggregate. Pollution Liability insurance, with policy l m+ts-e€ of• Pollution Liability insurance policy, with combined policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § 17.1.10 The Contractor shall provide certificates of insurance acceptable tom Tereviden o" liance 'ith the requirements in this Section 17.1 at th Additions and Deletions Report for AIA Document A104- — 2017 (formerly A107'" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. itne ttimerican Institute of Architects. 41A ttte AIA. Logo and •Alga 11 Contact Documents a,e iegistered trademarks and may not ce used without t yer mission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be on, the Contractor's Commercial General Liability and excess or umbrella liability policy. § 17.1.11 The Contractor shall disclose to the Owner any deductible or self insured retentions applicable to any insurance required to be provided by the Contractor. § 17 1 42 To the f hest extent tied by la.„ the Contractor "hall cause the commercial liability coverage required by this Section 17.1 to include (1) the Owner, the Architect, and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect's Consultants, CG 20 32 07 01. § 17.1.13 Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17.1, the Contractor shall provide notice to the notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage: {List below any other insurance coverage to bc provided by the Contractor and any applicable limits.) § 17.2.2.7.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) and (2) Separate Contractors, 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 those losses are covered by property insurance required by this Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this Section 17.2.2.7 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. PAGE 17 {List below any other insurance coverage to bc provided by the Owner and any applicable limits.) image Limits § 17.3 Performance Bond and Payment Bond and Completion Guaranty § 17.3.1 The Owner shall have the right to require the Contractor to furnish bonds covering a Performance and Payment Bondcovering the faithful performance of the Contract and payment of obligations arising thereunder as stipulated in the Contract Documents on the date of execution of the Contract. The amount of said Bond shall be an Additions and Deletions Report for AIA Document A104" — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The Genoa t stitute Architects AIA the :.i Lo 12 Contract Documents' are reg:seed trademarks and may not be used without permission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) amount reasonably determined by the parties to cover the cost of materials, equipment, fixtures and labor included in the Work. The amount of said Bond shall be reduced periodically upon submission by Contractor to the Owner of proof, reasonably satisfactory to the Owner, of Work completed and paid for to date. ARTICLE 1$ CORRECTION OF WORK ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncoveringand replacement, and compensation for the Owner's services and expenses made necessary thereby, shall be at the Contractor's expense. PAGE 18`' Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect Owner timely notice of when and where tests and inspections are to be made so that the Architect Owner may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. Village of Plainfield" Brian Murphy Village Manager 24401 W. Lockport Street Plainfield, IL 60544 Mark A. Fordon Northern Builders, Inc. 5060 River Road Schiller Park., IL 60176 mfordon(a)northernbuilders. com If the Architect fails to certify payment as provided in Section 15.4.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days' notice to the Owner and the Architect, Owner, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. PAGE 19 Additions and Deletions Report for AIA Document A104'" — 2017 (formerly A107T" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The American i is stitute of Ar hrtec _ ALA.` the AIA Logo. and AIA Contract Documents' are registered trademarks and may not be used without per mission This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) §-204-Terminatien—by—the—Owner—fer—Convenienee e termination f- C b ♦ t .1 a termination f if .,.,,. termination for the Owner's convenience, if any.) PAGE 20 ARTICLE 22 ADDITIONAL MISCELLANEOUS PROVISIONS § 22.1 GOVERNING LAW § 22.1.1 The Contract shall be governed by the law of the State of Illinois. $ 22.1.2 HUMAN RIGHTS ACT To the extent required by law, Contractor shall comply with the terms and procedures of the Illinois Human Rights Act, 775 ILCS 10/0.01 et.seq. To the extent required by law, Contractor agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service, and further that it will examine all job classifications to determine if minority persons or women are under-utilized and will take appropriate affirmative action to rectify any such utilization. 2. That, if it hires employees in order to perform this Contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not under-utilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Contractor's obligations under the Illinois Human Rights Act and the Department's Rules and Regulation. If any such labor organization or representative fails or refuses to cooperate with the Contractor in its efforts to comply with such Act and Rules and Regulations, the Contractor will promptly so notify the Department and the Contracting agency will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5. That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the Contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 6. That it will permit access to all relevant books, records, accounts and Work sites by personnel of the Contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 7. That it will include verbatim or by reference the provision of this clause in ever Subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such Subcontract. In the same manner as with other provisions of this Contract, the Contractor will be liable for compliance with applicable provisions of this clause by such Subcontractors; and further it will promptly notify the Contracting Agency and the Department in the event any Subcontractor fails or refuses to comply therewith. In addition, the Contractor will not utilize any Subcontractor declared by the Illinois Human Rights Commission to be ineligible for Contracts or Subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. Additions and Deletions Report for AIA Document A104'" — 2017 (formerly A107 r" - 2007). Copyright® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 14 Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) § 22.1.3 NOT BARRED. The Contractor by submitting its bid certifies that the Contractor is not barred from bidding on the Contract as a result of a conviction for either bid -rigging or bid rotating as defined in the Illinois Criminal Code — 720 ILCA 5/33/E-11. § 22.1.4 DRUG FREE WORKPLACE. The Contractor by submitting its bid certifies that it will provide a drug free workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580.1 et seq. § 22.1.5 SEXUAL HARASSMENT The Contractor by submitting its bid certifies that it has a written sexual harassment policy which includes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment; (iii) a description of sexual harassment, utilizing examples; (iv) an internal complaint process including penalties; (v) the legal recourse, investigative and compliant process through the Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation for exercising rights under the policy in accordance with 775 ILCS 5/1 — 15.1.1 The Owner and other parties to this Contract are subject to the rules and regulations of the Illinois Department of Human Rights and the statutory requirements thereof. § 22.1.6 ILLINOIS DEPARTMENT OF LABOR REQUIREMENTS § 22.1.6.1 It shall be mandatory upon the Contractor and upon any Subcontractors thereof to pay all laborers, workmen, and mechanics employed by them not less than the prevailing wages in the locality for each craft or type of workman or mechanic needed to perform such work and the general prevailing rate for legal holidays and overtime work as ascertained by the Illinois Department of Labor and pursuant to Illinois law and statutes in such case made and provided. § 22.1.6.2 The Contractor and Subcontractors shall comply with the Illinois Prevailing Wage Act, 830 ILCS 1301, et seq. and shall include in Bids the costs for the current prevailing wage. As changes are made in these prevailing wages, the Contractor and Subcontractors performing Work on the Project will be responsible for conforming to the changes and shall have the responsibility for determining when changes are made. No additional costs are to be incurred by the Owner as a result of changes in the prevailing wage. All record keeping requirements are the obligation of the Contractor and Subcontractors. Certified payrolls must be submitted to the Owner pursuant to the Illinois law. § 22.1.6.3 To the extent that there are any violations of the Prevailing Wage Act (the "Act") and any demands are made upon the Owner or Architect, by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project, the Contractor shall be responsible for indemnifying and holding the Owner and Architect free and harmless from all costs, liability or damages incurred, directly or indirectly, by the Owner, or Architect including attorneys' fees, in responding to and complying with demands made by the Department of Labor or an aggrieved employee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner and Architect shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to the Act. § 22.1.6.4 No less than once per month, the Contractor shall submit certified payrolls to the Owner in compliance with the Illinois Prevailing Wage Act. § 22.1.6.5 In the employment and use of labor, and to the extent required by law, the Contractor shall conform to the Illinois Veterans Preference Act as amended (330 ILCS 55/1 et. seq.) and to the Employment of Illinois Workers on Public Works Act (30 ILCS 570/1 et seq.). § 22.1.7.1 Ethics: .1 (a) Code of Conduct. Personal Conflict of Interest. The Contractor and Owner shall conform to the requirements that they maintain a written code or standard of conduct to which shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by federal or state funds. Such code shall provide that no employee, officer, board member, or agent of the parties may participate in the selection, award, or administration of a contract supported by federal or state funds if a conflict of interest, real or apparent, would be Additions and Deletions Report for AIA Document A104' — 2017 (formerly A107T' — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 15 Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: (i) The employee, officer, board member, or agent; (ii) Any member of his or her immediate family; (iii) His or her partner; or (iv) An organization that employs, or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members, and agents shall apply for one year. The code shall also provide that each parties' employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub -agreements. The Department may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the Contractor or the Owner relating to such contract, subcontract. or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the parties from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. (b) Organizational Conflict of Interest. The Contractor and Owner will also prevent any real and apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third -party contractor or impair the objectivity in performing the contract work. .2 Bribery. Contractor shall certify that they have not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government, nor has Contractor made an admission of guilt of such conduct which is a matter of record, nor has an official, agent, or employee of PACE or third -party contractors committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of PACE. Contractor shall further certify that they have not been barred from contracting with a unit of the State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code. § 22.1.7.2 Labor Law Compliance: Owner and Contractor agree to comply with all labor laws pertaining to the Project, if any, and all applicable state and federal laws and regulations including, but not limited to, the following laws and regulations relating to minimum wages to be paid to employees, limitations upon the employment of minors, minimum fair wage standards for minors, payment of wages due employees, and health and safety of employees. The Contractor should be aware that the Employment of Illinois Workers on Public Works Act (30 ILCS 570/1 et seq.) may apply to contracts funded or financed in whole or in part with State funds. The Contractor also agrees to require any contractor doing construction work or performing professional or consulting service in connection with the Project to agree to such compliance. § 22.1.7.3 Pursuant to Compliance with Federal, State, and Local Law: In the performance of its obligations pursuant to this Agreement, the Contractor and Owner shall comply with all applicable provisions of federal, state, and local law. All limits and standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements and shall not affect the application to the performance of the Project of more restrictive local standards that are not inconsistent with the limits and standards of this Agreement. Additions and Deletions Report for AIA Document A104'" — 2017 (formerly A107 r" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) This Aereement entered into as of the day and year first written above. JSIGNATURE PAGE FOLLOWS1 Additions and Deletions Report for AIA Document A104" — 2017 (formerly A107 r" - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo and "AIA 17 Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) VILLAGE OF PLAINFIELD NORTHERN BUILDERS, INC. Thomas D. Grusecki, President & CEO Additions and Deletions Report for AIA Document A104- - 2017 (formerly A107T". - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright©aia.org. User Notes: (1329018965) 18 Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Thomas D. Grusecki, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:13:22 ET on 04/01/2021 under Order No. 9017760863 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A104TM — 2017, Standard Abbreviated Form of Agreement Between Owner and Contractor, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright ® 1992 and 2003 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission, This document was produced by AIA software at 17:13:22 ET on 04/01/2021 under Order No.9017760863 which expires on 10/01/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1329018965) EXHIBIT A northern Northern Builders, Inc. Outline Specifications for: PEMA Facility lolls! oil ...1 VILLAGE OI PLAINFIFLD Prepared by: Northern Builders, Inc. March 4, 2021 Page 1 of 13 Northern Builders, Inc. BUILDING DATA: Function Area Clear Building Exterior Wall in SF Height Height Material Office 2,749 10' 25' Precast and Glass Warehouse 12,660 20' 25' Precast TOTAL 14,960 Parking - Twenty -Three (23) cars Overhead Doors - Four (4) 12' x 14' overhead exterior doors Schematic Plans - Harris Architects site plan dated March 4, 2021 - Harris Architects floor plan dated March 4, 2021 GENERAL REQUIREMENTS: Design Building to be designed and constructed to comply with the governmental agencies having jurisdiction, building and zoning regulations, handicap provisions, and ADA Architectural, civil, structural, mechanical, plumbing, and electrical engineering plans and design fees - Landscape design in landscape allowance Governmental - Sewer and water tap-on/usage fee Fees and Excess - Excess utility charges Utility Charges - Impact fees Permit Fees - All above required permits and fees relating to the project are waived By Plainfield and not included. Insurance Comprehensive liability of $2,000,000 - Total coverage of $10,000,000 with umbrella Includes Owner listed as additional insured - Workman's Compensation by subcontractors Supervision On site supervision/project management by personnel experienced with construction materials and methods Page 2 of 13 Northern Builders, Inc. - Full authority to make decisions and implementation of schedule, cost, and execution of the work Testing Warranties - Soil compaction tests Concrete cylinder test Asphalt compaction testing Steel inspection All testing performed by independent testing agency - One (1) year building construction warranty for all site and building components including material and labor Miscellaneous - Project shall conform to Northern Builders Company Safety Policy and all OSHA regulations - Field Office Final clean-up to broom -clean condition Weather Conditions - Are excluded at this time. Weather conditions include such items as temporary roads, heat and electric services and consumption costs, temporary enclosures, equipment use and rental, etc. Contractor shall provide a full accounting to Owner for reimbursement. SITE: Grading - Assumed strip six inch (6") black dirt and vegetation to remain on site in topsoil respread and/or in berms Fill areas compacted to ninety five percent (95%) modified proctor in building area and ninety percent (90%) in the parking areas - Topsoil respread six inches (6") at green areas Soil testing shall be performed by an independent soils engineer Proof roll parking lot and building areas prior to placement of stone Design is based on a minimum 3,000 PSF soil bearing pressure, assumed to exist at footing and foundation elevation condition Design of excavation is based on as reasonably close as possible to a balanced site. Landscaping - Landscaping per code and lawn irrigation. - Allowance includes design, trees, shrubs, sod, seed, lawn sprinkler, sleeves, mulch, and topsoil fine grading - Allowance includes all maintenance prior to occupancy - The irrigation system will be installed at the office and the public street side of the project. Site Concrete - 3,500 PSI at twenty- eight (28) day mix design, air entrained - Four -inch (5") concrete sidewalks Page 3 of 13 Northern Builders, Inc. Eight- inch (8") concrete apron at drive -in -door location, to extend five feet (5') from building - Eight- inch (8") concrete street apron to extend twenty feet (20') from roadside - Concrete pad for electrical transformer - Eight- inch (8") concrete Trash pad - Concrete stoops at egress doors, 5' x 5' - B6-12 curbs at parking lot and truck drive - All site concrete over four inch (4") granular fill Asphalt Utilities Site Lighting Trash Enclosure - Car parking lots ten- inch (10") stone base and three- inch (3") asphalt to IDOT specifications Truck areas twelve- inch (12") stone base and three- inch (6") asphalt to IDOT specifications - All striping and handicap signage included Proof roll inspection of subgrade prior to placement of stone - Six- inch (6") fire protection water service, including wet tap to existing municipal system Two inch (2") domestic water service Six inch (6") sanitary sewer service - Storm sewer pipe, catch basins and man -holes to storm system located at the property line - Street auguring is excluded - Coordination of gas, electric, and telephone service on behalf of Owner - Utility consumption charges paid by Owner - All utilities are assumed to exist at the property line with adequate depth and pressure, and without the need for pumps Assumes storm drainage to connect to existing gravity fed system with off -site detention designed to accommodate this development Eight (8) wall mounted fixtures to light parking lot and truck access, 400 watts. LED shoe box fixtures Three (3) wall packs at exterior man doors, 150 watts Automatic switching by means of photo cell timer - Prefinished "baked on" painted metal fixtures - All exterior lighting to be LED Photo metric design per code - 8' x 10' Trash Enclosure 8" concrete slab 6' high vinyl coated chain link fence with privacy slats One pair of chain link manual gates NIC. Proposed as an Alternate Page 4 of 13 Northern Builders, Inc. BUILDING SHELL: Foundation Concrete Floor Steel 3,000 PSI concrete at twenty- eight (28) day mix design - Concrete trench foundations, with poured walls at docks Perimeter foundation walls insulated R10 4,000 PSI concrete at twenty- eight (28) day mix design Office four inches (4") thick over four inch (4") granular fill with Fiber mesh - Warehouse seven inches (7") thick unreinforced over four inches (4") granular fill Control joints saw cut one- inch (1") to one and one -quarter inch (1&1/4") depth Pre -molded expansion joint material at perimeter of exterior walls and at columns - Structural steel beams, columns, bar joist, trusses, gray prime painted - Twenty foot (20') clear height at the interior column line of the warehouse 22 gauge "white" primed wide rib metal deck Interior bay size approximately 42'-6" x 58' Miscellaneous - Total of twelve (12) concrete filled steel bumper posts at interior Metals and exterior of drive -in -doors and interior of dock doors - Vertical ladders with cage to roof from warehouse - Framed mechanical roof openings over 12" in dimension Precast Glass Doors Load bearing wall panels with insulation value of R-14 Architectural reveals per design Stain with two (2) coats finish, multi -color, and one (1) continuous painted stripe One hundred fifty (100) SF total store front wall at entry Four (4) 6' x 5' punched windows - One- inch (1") gray tinted insulated glass with thermally broken Class 2 clear anodized aluminum frames, tempered as required - One (1) 3' x 7' medium style aluminum framed glass doors at office entry with 1" push/pulls - Three (3) 3' x 7' insulated 16- gauge hollow metal doors with Page 5 of 13 Northern Builders, Inc. - Door frames are fully welded 16- gauge hollow metal, painted Each door with egress hardware, heavy duty closure, locks, threshold, and weather-stripping, Schlage or equal - Final keying is included Overhead Four (4) 12' x 14' electrically operated with one (1) vision light each Doors Weather-strip - Polyurethane foamed in place insulation R-17 - 24- gauge sectional overhead doors Z -Guards at all dock door tracks Roofing Single ply 45 mil EPDM ballasted roof - Fifteen (15) year manufacturer's extended warranty on roof membrane - Prefinished metal coping in standard color with caulked perimeter - Poly isocyanurate insulation R-30, loose laid - Slope approximately one -quarter inch (1/4") per foot - Roof hatch two feet, six inches (2'6") by three feet (3') - Roofing system by Goodyear, Carlisle, or Firestone Roof Screening - NIC Insulation - Designed to exceed ASHRAE 90-80 energy standards: Insulation Component R Value U Value Roof Value 30 .033 Office Wall Value 17.0 .059 Warehouse Wall Value 14.0 .077 Glass Value 2.0 .50 Roof Drains - Roof drained by perimeter interior roof drains with insulated heads - Emergency overflow drainage by wall scuppers Fire Sprinkler - Automatic wet fire protection system System - Design per Ordinary Hazard - Two and one-half inch (2&1/2") fire department Siamese connection - Backflow preventer Page 6 of 13 Northern Builders, Inc. - Flow switch and bell - System designed to warehouse storage to 12' Roof Drains - One interior roof drain connected to underground storm system - One interior overflow roof drain overhead to daylight at exterior wall Fire Alarm Electrical Services Fire alarm control panel Pull stations, horns and strobe lights, smoke detectors as required by code - Water flow and gate valve alarms, remote test station Radio or Telephone connection to fire station by Owner - 400 -amp 120/208 volt 3 -phase 4 -wire service from a transformer furnished by the electric company Empty primary conduits to street, transformer pad - Expandable switchgear with main switch and meter section - Electrical installation from the switchgear to power and lighting panels, switches and/or circuit breakers for work included in this proposal WAREHOUSE AREA: Finishes: Floors Walls Ceilings - Concrete with two (2) coat Lapidolith / Ashford Formula floor sealer - Control joints are filled equal. - All interior surfaces of precast unfinished - White prime painted roof deck and gray primed steel and joists Fire Sprinkler - Ceiling system per National Fire Prevention Association System - Brass upright heads, Class 2 Commodities - System designed for storage to twelve feet (12') Plumbing - One (1) hose bibs at South wall - Three (3) Floor drains located at overhead doors Complete with triple basin located at West wall. Note: Floor Drains are design for ordinary rain water and snow melt Page 7 of 13 Northern Builders, Inc. only. HVAC Exhaust Provided by one (1) Direct Fired 80/20 makeup air unit with up to one hundred percent (50%) fresh air. All temperature controls and gas piping are included. Units by Absolute Air, Engineered Air, Cambridge or equal. Design to maintain an inside temperature of 68° F at -10° for heating. One (1) 15,000 CFM exhaust fans. No considerations are included for direct exhaust of machinery. - One (1) interlocked Co2 detection system One (1) interlocked exterior louver for summer ventilation. - No considerations are included for direct exhaust of machinery. Electrical: Lighting - Measured at thirty inches (30") above finished floor - Uniform disbursement figured. Fixture count does not consider racking conditions. - Forty (40) foot-candles for all areas in warehouse - All fixtures are LED fixtures with motion sensor - Exit and emergency battery lights, installed per code Electrical: Power - One (1) 400 -amp 277/480 -volt panels for building equipment Eight (8) duplex outlets - Four (4) 20 -amp 120 -volt separate circuits for telephone, fire sprinkler, etc., or Owners use - One (1) 120 -volt lawn irrigation outlet One (1) 120 -Volt SC for phone - Three (3) Overhead Door operator feeds and connections One (1) MAU feed - One (1) Exhaust Fan feed - One (1) Exterior Wall Louver Page 8 of 13 northern amassimmosommosesemim Northern Builders, Inc. OFFICE AREA: INCLUDED PER SPECIFICATION IS LISTED BELOW: Quantity Function Remarks 1 Vestibule Lobby 1 General Office 1 Training Room 1 Break room 1 each Men's and Women's Restrooms per code 1 each Radio room tornado resistant included in base 1 each Server room tornado resistant included in base RADIO ROOM / TORNADO ROOM: Radio room and server room to be tornado resistant to F4 - Perimeter of rooms to be precast concrete Ceiling precast concrete with concrete topping Structural steel - Final design will determine actual structure - Interior walls to be metal stud and drywall Wall painted 2 coats Door to be tornado resistant - 4 120v duplex outlets 4 SC 120v duplex outlets - 4 — 8' industrial strip lights - 1 Emergency light - HVAC feed from Office system. Separate zone or system. NIC - 1 visual strobe - FA per code - Flooring VCT - 1 visual strobe - Recommended Alternate for Emergency Generator and separated HVAC system not accepted Page 9 of 13 Northern Builders, Inc. Walls: Sheet Rock - Full height office/warehouse wall to underside of metal roof deck Partitions to - Six- inch (6") metal studs sixteen inches (16") on center and sound Deck insulation Drywall Three and five -eighths inch (3-5/8") metal studs sixteen inches (16") Partitions on center - Two and one-half inch (2-1/2") studs at perimeter walls - Five -eighths inch (5/8") gypsum board each face, taped and sanded - Three- inch (3") fiberglass batt insulation between studs at restrooms, and lunchroom - Walls extend through the acoustical ceiling 4" Glass - Eight (8) LF interior glass wall in aluminum frame at vestibule Doors, Frames, and Hardware: Glass Doors - One (1) 3' x 7' medium style glass doors in aluminum frames at interior vestibule wall - One (1) electric strike for inner vestibule door Doors - Five (5) doors 3' x 7' solid core plain sliced red oak, sealed and varnished - Two (2) 3' x 7' hollow metal doors - One (1) 3' x 7' Tornado resistant door Door Frames - 16 gauge painted hollow metal Hardware - Lever latchsets Schlage S Series or equal - Locksets for doors from office to plant - Passage locks on all office doors Finishes: Floor Finish - VCT an allowance of $4.00/sf for material, labor, tax, delivery, etc. Porcelain tile floor throughout at vestibule - Ceramic floor tile in office toilet rooms - Vinyl floor throughout entire office area, break room, and rest rooms Wall Finish Ceramic tile at plumbing wall in office washrooms, full height Page 10 of 13 Northern Builders, Inc. - Two (2) coats of latex paint applied to all other walls - Four- inch (4") vinyl base throughout Ceiling Finish Ten- foot (10') ceiling height in general office Nine- foot (9') ceiling height in all other rooms Lay -in mineral tile in prefinished white grid 2' x 2' with 2' x 2' x 5/8" ceiling tile Armstrong, USG or equal Millwork - Plastic laminate vanity top in toilets and counter in lunch room - Ten (10) LF kitchen base and wall cabinet at lunch room Mirrors - Full length of countertop at toilet room sink locations - One -quarter inch (1/4") silver float glass Toilet Partitions and Accessories Fire Sprinkler System Plumbing - Grab bars - Tissue dispenser - Paper towel cabinet and waste receptacle - Feminine napkin disposal - Floor mounted toilet partitions and urinal screens - Designed per office criteria - Chrome pendant semi -recessed heads centered in tile Complete system of water, waste, and vent piping - Three (3) wall mounted water closets with flush valves - One (1) urinal with flush valve Four (4) sinks, drop in bowl type - One (1) electric water cooler (dual handicap) One (1) kitchen sink - One (1) mop basin One (1) Washer connection One (1) Gas Dryer connection - One (1) Large Utility sink Heating, Ventilation, and Air-conditioning: Equipment - Provided by rooftop units for proper zoning, gas heat, electric cooling complete with economizers Page 11 of 13 Northern Builders, Inc. - Air for the office to be distributed by means of overhead supply ductwork and 2' x 2' ceiling diffusers and grills - Installation according to ASHRAE and SMACNA standards Design Loads Designed to maintain an inside temperature of 72° F at -10° F outside for heating and inside condition of 75° F dry bulb at 95° F outside for cooling - Four (4) watts psf including people, lighting, CRT's, PC's, etc. Occupancy figured at one (1) person per 200 SF Temperature - Programmable seven (7) day thermostat with "occupied", Control System "unoccupied", and "morning warm-up" cycles Ventilation Air - From the outside will be provided at 20 CFM per person Exhaust System - Provided for the Rest Rooms, and Shower Room Building Entrance- Heated with semi -recessed electric cabinet unit heater Electrical: Lighting - Forty-five (45) foot-candles uniform level measured at desk height - 2' x 4' recessed LED fixtures with acrylic lens - Lighting to be controlled by ganged switching for open areas, and individual switching for private offices - Exit and emergency battery lights, installed per code Outlets - Six (6) 20- amp 120 -volt separate circuit outlets provided for client items such as microwaves, copiers, and computer equipment - Twelve (12) 120 -volt duplex convenience outlets - Ten (10) three-quarter inch (3/4") empty conduit stub -up in the walls for client use - Four (4) GFI outlets Two (2) combination power and communication floor outlets - One (1) Washer & Dryer outlet - Two (2) combination power and communication floor outlets Page 12 of 13 Northern Builders, Inc. Clarifications and Exclusions: The following items are not included at this time: Furniture, Fixtures and Equipment Communication Systems Special Mechanical/ Electrical Systems Computer Equipment Unsuitable Soils Impact Fees Roof Screens Excess Utility Fees Weather Conditions Miscellaneous Furniture, demountable partitions, signs, vending machines, tables, fire extinguishers, racks, conveyors, etc. Security, PA, telephone or computer systems or wiring - In -rack sprinklers, booster pumps, or associated lighting or exiting - Distribution or hook-up of client's equipment, except as noted - Exhaust, make-up air or power for client's equipment, except as noted - Smoke evacuation or summer exhaust/ventilation systems - Energy management systems - Computer panels, equipment, UPS, etc. - No provisions are made in this proposal for unsuitable soils conditions - Not included - Not included - Not included - Winter or weather -related conditions - Performance or payment bonds - Topographic Survey - Plat of Survey - ALTA Survey - Soil Borings - Environmental Surveys - Builders Risk Insurance - Signage or electric/lighting for signage - Public sidewalks - Painting of roof structure - Fork lift charging stations or associated work - Back-up generators or Transfer switch - Access control systems or electrified door hardware - FM Global requirements - Window treatments - Radio equipment, wiring or towers, or foundation - Building Generators Page 13 of 13 EXHIBIT B 0 Via email: bmurphy a@goplainfield.com; jkonopek(a�plainfieldpd.com March 5, 2021 Mr. Brian Murphy Village Administrator Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 Mr. John J. Konopek Jr. Chief of Police Plainfield Illinois Police Department 14300 S. Coil Plus Drive Plainfield, IL 60544 Regarding: Plainfield Emergency Management Agency (PEMA) Final Construction Documents for Approval Dear Mr. Murphy and Chief Konopek: As a follow-up to our PEMA design meetings and scope review, Northern Builders, Inc. is pleased to present the enclosed Final PEMA Construction Documents for your approval. This includes the following: • Harris Architects — Site Plan dated 3/4/21-4 5 - NCA,S a'^ a1:7aGiCd • Harris Architects — Floor Plan dated 3/4/21 C Sec rto-tP,S diA Q7461'04°1 • Northern Builders, Inc. — Outline Specifications dated 3/4/21 As previously discussed, the enclosed Construction Documents now include the following three scope items totaling $78,120 that will be paid for by the Village of Plainfield: 1. Increase size of office from 2,300 SF to 2,749 SF and upgrade associated MEP systems; provide connections for washer, dryer, slop sink, and refrigerator: $54,000 2. Add warehouse summer ventilation system with interlocked exhaust and in -take louver Please note that this is the final actual hard -bid amount: $19,800 3. Add trash enclosure: $4,320 NORTHERN BUILDERS, INC. 5060 River Road Schiller Park • Illinois • 60176.1076 847/678-5060 • FAX: 847/678-7670 air.v.northernbuilders.com SINCE 1927 DEVELOPMENT CONSTRUCTION LEASING & MANAGEMENT r Gentlemen, if all of the above is agreeable to you, please sign below and return one copy of this letter to me at your earliest convenience. At that time, we will proceed with permit drawings and will plan for a Spring 2021 construction start.* Ste no A).0 -t4 b.)) We are very pleased to be working with you on this exciting project. Northern is ready to perform and we will work diligently to exceed all of your expectations for quality, timing, and performance. Please let me know if I may answer any questions or assist in any way. Very truly yours, Matthew J. Grusecki Senior Vice President cc: Thomas D. Grusecki, Northern Builders, Inc. Thomas R. Kenrich, Northern Builders, Inc. Kenneth L. Nyenhuis, Northern Builders, Inc. AGREED TO AND ACCEPTED Brian Murphy, Village Administrator on this2 day of t Ci^ 2021. BY: `C V ITS: t�1a 6Aihi3{Y046\r. 4l John J. Konopek Jr., Chief of Police on this BY: ITS: day of 2021. NORTHERN BUILDERS, INC. 5060 River Road Schiller Park • Illinois • 60176-1076 847/678-5060 • FAX: 847/678-7670 www.norihernbuilders.com k►Je, LAtvivislahol aLij, ac kytovAdc(elmi- 1ruc1lda, d o LIAW4 -S avt sr.cl f te-otiork ow) ti.‘ -CLs W1\3DQ lh011)0ra-1d (PHI 1\161 rvr Ui(cLg1thc.. WLIC.L IM Yr wilt k cm)QtromJ '� k Village. r ' 2 V�11ag�lysQYd is A0.bciP t to CAKS(thr c rcl We. 651^- a< --'at 41ri 1 2©1I M24. -1r1 WlntCL` CVOrOtti voM Q k6 U I -Line („4v\5 -r uGl i mr-, � � i�c.jode �� a a(�reva a 60.1rvLQ k5 aKd S(gcttiGa7.1 6i -S Cal nbk J) rc*e,v►crtoi EIraS ktirer Agreed. Please see notes below. These items were reviewed and discussed with Brian Murphy on 3/30/21. - MJG 3/30/21 SINCE 1927 DEVELOPMENT CONSTRUCTION LEASING & MANAGEMENT  , ,eLrevcvek' Locatio1,4 gener subject to the final plarned for th s are be coordinated in th pads a 0to b3 <- M 0 CL IL 0 0 N rovidec 3/30/21 PROPOSED RADIO ROO M SPLIT SYSTE M y acceptably, bu ocation of utiliti . Final locati field. Con by Vill 60' vo\K,Ika ket $14 %-k . 'field_ F U OFFICE Q{Jr 1 a  1 J 1 Agreed, subject to maintaining      S the same  Radio'.om total SF of Office anc - MJG 3/30/21 2 176'-0 p'."---4 !-_'^"'..'f r.,... ..---, -'"-t r^��"r"t D.I.D. ��. D.1.0. D.I.D. Qc / kast"' Agreed; NBI will p vide 5 drive-in doors; final layout to be determined by prnjec t archi r .. t - MJG 3/30/21 10'x8' CHAIN LINK FENCE ENCL OSURE W/ SLATS 300' 30' 47 cv1 CONCEPTUAL NEW FACILITY FOR: NEW PEMA FACILITY PLAINFIELD, ILLINOIS SITE AREA (11.48 AC.) DETENTI ON BUILDING AREA OFFICE WAREHOUSE TOTAL BUILDING AREA PARKING CAR PARKING PROVIDED DRIVE IN OVERHEAD DOORS CLEAR HEIGHT Agreed. - MJG 3/30/21 �64,495 S.F. OFFSITE 2,684 S.F . 12,276 S.F. 14,960 S .F. 23 STALLS 4 DOORS 20'-0" SITE PLAN 220268 KJ8 3-4-202'1 L 10' 20 40' 80 or northern No rthern Bu ilders, Inc. HARRIS ARCHITECTS, INC. WWW M0RRISARC MITECTS.COM 847 303 1159 CONCEPTUAL NEW FACILITY FOR: NEW PEMA FACILITY PLAINFIELD, ILLINOIS YSe to ATER SERVICE T. 5eRv CE 58' -0 " 4 -FLOOR DR,N <TIP) _ ON RS 00 C � � . (OM EoO OAR UU� N . -0oE 0)O o a) as O O) 6) as Q cc -0- 5 . -e- 6'm ROOF DRA IN 58' -O e Northern Builders, Inc. SITE AREA (±1.48 AC.) ±64,495 S .F. DETENTION OFFSITE BUILDING AREA OFFICE 2,684 S.F . WAREHOUSE 12,276 S .F. TOTAL BUILDING AREA 14,960 S .F . PARKING CAR PARKING PROVIDED 23 STALLS DRIVE IN OVERHEAD D OORS 4 DOORS CLEAR HEIGHT 20'-0 " FLOOR PLAN ...� 220268 8JB 3-4-2021 20' 30' T HARRIS ARCHITECTS, INC. WWW. Hr30p3880HIYECts LOM 847.3031155 CONCEPTUAL NEW F ACILITY FOR: S. WOOD FA RM ROA D PROPOSED RADIO TOWER BY OTHERS PROP OSED R ADIO ROOM SPLIT SYSTE M EXHIBIT C PR OPOSED RADIO / ROO M GENERATOR 0 300.0' 60' 1 OFFICE — — — — — — —I 9 o 176'-0 " 0 co D.I.D. D. I.D. D.I.D. m 30' Ea N 30' D .I.D. 10' x8' CHAIN LINK FENCE ENCLOSURE W/ SLATS 300' NEW PEMA FACILITY PLAINFIELD, ILLINOIS SITE AREA (±1 .48 AC .) ±64,495 S.F . DETENTION OFFSITE BUILDING AREA OFFICE 2,684 S.F. W AREHOUSE 12,276 S.F . TOTAL BUILDING AREA PARKING CAR PARKING PRO VIDED DRIVE IN OVERHEAD DOORS CLE AR HEIGHT 14,960 S .F. 23 STALLS 4 DOORS 20'-0" SITE PLAN 220268 KJB 3-4-2021 0 10' 20' 40' 80 norther No rthern Builders, Inc. HARRIS ARCHITECTS, INC . MWW 41/0711153180,010015 CO M 847 303 1155 EXHIBIT D -EXHIBIT-1 INSURANCE At the Development Team's expense, the Development Team shall procure and maintain in effect throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Development Team, his agents, representatives, employees or subcontractors. The Development Team must furnish Certificates of Insurance to the Village before staff recommends award of the Agreement to Village Board. If requested, the Development Team will give the Village a copy of the insurance policies. The policies must be delivered to the Village within two weeks of the request. All insurance policies shall be written with insurance companies licensed to do business in the State of Illinois and having a rating of not less than A: VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, Development Team will notify the Village and promptly obtain replacement coverage. The Development Team must provide proof of replacement insurance that is acceptable to the Village prior to the expiration date. The Development Team shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Any deductibles or self -insured retentions must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the Village, its officers, officials, employees and volunteers; or the Development Team shall provide a financial guarantee satisfactory to the Village guaranteeing payment of losses and related investigations, claim administration and defense expenses. The limits of liability for the insurance required shall provide coverage for not less than the following amounts, or greater where required by law. If the Development Team maintains higher limits than the minimums shown below, the Village shall be entitled to coverage for higher limits maintained by the Development Team. A. Commercial General Liability: Coverage shall be at least as broad as Insurance Services Office Commercial General Liability Occurrence Form CG 00 01 and include Premise/Operations, Products/Completed Operations, Independent Development Teams, Contractual and Personal Injury/Advertising Injury. Limits: General Aggregate $2,000,000.00 Products/Completed Operations $2,000,000.00 Each Occurrence $1,000,000.00 Personal Injury $1,000,000.00 B. Excess/Umbrella Liability: Umbrella coverage shall be provided in the limits stated below, over and above the limits of the coverages provided for under Part A of this Appendix F. The form of such coverage shall be subject to the review and approval of the Village and its risk management consultants. Limits: Aggregate Each Occurrence C. Automobile Liability: $5,000,000.00 $5,000,000.00 Coverage shall be at least as broad as Insurance Services Office Form CA 00 01 to include all Owned, Hired, Non -owned vehicles. Limits: Combined Single Limit per Accident $1,000,000.00 D. Builder's Risk Limits: Equal to the completed value of the project and no coinsurance penalty provisions, utilizing an "All Risk" (Special Perils) coverage Form. E. Pollution Legal Liability (PLL): Limits: Per Loss $2,000,000.00 Aggregate $2,000,000.00 Contractor shall maintain Pollution Liability covering the contractor's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred, all arising out of the work or services to be performed under this contract. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. If Pollution Legal Liability coverage is written on a claims -made form: 1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2. .Insurance_mxstbe_tx;aiutainedand-evider nf insurax xuustberovided_for.at. -leastfiue{ }years -aft completion -of cott act-ofAmark, 3. 4€rov€ra iscansgl4d.-oF4non-FGRewec17 d44et-r laced ithanethes-Glaims-maw -polite +-€Dervwith retraaeti date-prior-ta-tite-eontraeteffeetive atertlie _Contractor must_u►xchase_amextended peril,i.caueragaforasninimuaz-0.irfive45.} -years -after-eerxpleti t-Qf eontraet merle - 4. A copy of the claims reporting requirements must be submitted to the Entity for review. 5. If the services involve lead -based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. F. Workers' Compensation: Coverage shall be in accordance with the provisions of the laws of the State of Illinois. G. Employers' Liability: Limits: Each Accident $1,000,000.00 Each Employee Bodily Injury by Disease $1,000,000.00 Policy Limit Bodily Injury by Disease $1,000,000.00 H. Errors & Omissions Liability: Errors & Omissions Liability insurance appropriate to the Development Team's profession. Architects and engineers coverage is to be endorsed to include contractual liability. Limits: Per Occurrence/Claim $2,000,000.00 Annual Aggregate $2,000,000.00 If Pollution Legal Liability and/or Errors & Omissions coverage is written on a claims -made form: 1. The retroactive date must be shown, and must be before the date of the Agreement or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of contract work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the Agreement effective date, the Development Team must purchase extended reporting period coverage for a minimum of three (3) years after completion of contract work. I. Other Insurance Provisions The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: 1. The Village, its officers, officials, employees and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Development Team; and with respect to liability arising out of work or operations performed by or on behalf of the Development Team including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement to the Development Team's insurance policy, or as a separate owner's policy. 2. For any claims related to the performance of the Development Team's work, Development Team's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officers, officials, employees or volunteers shall be excess of the Development Team's insurance and shall not contribute with it. Development Team shall submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Village as a loss payee as their interest may appear. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Village for all work performed by the Development Team, its employees, agents and subcontractors. Development Team shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Development Team shall ensure that the Village is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. The Development Team understands that the acceptance of Certificates of Insurance, policies and any other documents by the Village in no way releases the Development Team from the requirements set forth herein. (INSERT INSURANCE DOCUMENTS) A Rn CERTIFICATE OF LIABILITY INSURANCE DATE IMM DCYYYiYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICAT E DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSU RANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOL DER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER XYZ INSURANCE COMPANY ; eOMACr I NAME: I (NC N,: FAA I ErFj: (AFC, Na=I .64NLQ• ADDRESS; PRODUCER: CUSTOMER ID! INSURED: A,B,C Company 1 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA DEF INSURANCE COMPANY INSURER 9 GHI INSURANCE COMPANY INSURER C:. JKL INSURANCE COMPANY INSURER D: INSURER E. INSURER F: CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY. HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADOL SUM .,., POLICY NUMBER POLICY EFF (MWDDIVY) POLICY EXP (MM/DDrYY) 11MR5 A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X X A1234 1/1/')7 1/1/18 EACH OCCURRENCE 2,000,000 X TO ROITLD PREMISES (EaCN'E,Itniace) 50,000 CLAIMS MADE X OCCUR MED cam+ Any person) 5,000 XCU Coverage PERSONAL s ADV INJURY 2,000.000 AGGREGATE LIMIT APPLIES PRO- PER, GENERAL AGGREGATE 2,000,000 �L LOC "- A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X X Al 1/1/17 1/1/18 COMBINED SINGLE LIMIT (Ea Accident) 2,000,000 X BODILY INJURY( Per person) BODILY INJURY (Par accident) PROPERTY DAMAGE (PerAcadenl) UMBRELLA LIAB EXCESS LIAR y_, OCCUR McaA S EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION B WORKERS AND ANY PROPRIETORYIPARTNER/EXECUTIVE o-1? :RrM 13ER:vr�=tea+ DATOFtY ,r YES LND RDESCARY,O COMPENSATION EMPLOYERS LIABILITY s£LOW Yi N j !f B3456 1/1/17 1/1/18 X WC STATU- TORY UMITS OTHER EL EACH ACCIDENT 1,000,000 15155A DESCAR OAOPERATORS E DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 C C B PROFESSIONAL LIABILITY POLLUTION LEGALL.iABLtTY Retroactive XX/XXJXXXX BUILDERS RISK X C5678 C1239 B4567 1/1/17 1/1/17 1/1/17 1/1/18 1/1/18 1/1/18 $2,000,000 EACH OCCURRENCE AND AGGREGATE $2,000,000 PER LOSS AND AGGREGATE EQUAL TO COMPLETED VALUE OF THE PROJECT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES PLEASE INCLUDE SIGNED ENOORSFMFNTS INCLUDE XCU COVERAGE Of applicable) INCLUDE RFP NUMBER AND NAME: • THE VILLAGE OF PLAINFIELD, ITS OFFICERS, POLICIES THE COMMERCIAL GENERAL LIABILITY /tach:4vv ,,,L16161.9. 'WM 4.1...MY,a«w.,a.s.•..o .e; AS ADDITIONAL INSUREDS ON THE GENERAL LIABILITY AND AUTO LIABILITY CONTRIBUTE WITH THE VILLAGE'S INSURANCE OR SELF INSURANCE. THE RFP # XX-XXX, Project Description OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE COVERED INSURANCE WILL BE PRIMARY INSURANCE AND NOT ITS EMPLOYEES, AGENTS AND SUBCONTRACTLkSV VILLAGE OF PLAINFIELD 24401 W. Lockport Street Plainfield IL 60544 IN FAVOR OF THE VILLAGE FOR ALL WORK PERFORMED BY THE PROPOSER, CANCELLATION 22 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 23 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A Statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. 24 AIIiant INTEGRATED INSURANCE & FINANCIAL SERVICES Reproduction of Insurance Services Office, Inc. Form POLICY f UMUER: COMMERCIAL GENERAL LIABLLfTY CO20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION rider the Wowing: COMMERCIAL GENERAL. LIABILITY COVERAGE PART SCHEDULE Marne Of Adchbonal ■enured P Or OrRanctatioisfer A. Section a - tfdiw is An krauhei is `mended ;10 include as an additional insured Ipe persons) or©anizabcn(s) shown In the SchodW; br{I Ndth respect to asbl►ty lb; y "n(Pry. tee Carnage• or ''pascrnai and adveri ir+a caused, M who or\th pyut 1. Your sled or 2. Thy acts dr beteg, perfarmar os d ottpttirtp for to additions' insured the t noted above -- Your CG 2010 0704 O IBO Properties, !r C the maw Rvd.J to these ons{ heweds. the Wowing additional erdu- soOns apptp. The ensuranoe does not apply to "bodily injury or 'property damage' occurring after. 1. AI work, including materials, parts a' equip- ment furnished n connection with audh work. on the propect (other then ser.los, maneenanoe or repairs) to be pei1arned by or on behalf of the ad o insureds) at the locatvn of the covered operations has been oonnpteted. or 2. That portion of "vow work' out of which the usury or damage arises has been put to es in- tended use by any person or orparioatnon tither than another contractor or subcontractor en- gaged in Performing operabrts for a Principal as a part of the serve prolect Page t oft CI 25 Wliant INTEGRATED INSURANCE & FINANCIAL SERVICES Reproduction of Insurance Services Office, Inc. Form COMMERCIAL GENERAL LIABILITY CG 2001 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary. Primary And Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CO20 01 04 13 (2) You have agreed in writing ?pi contract or agreement that taus Insurance'would be primary and would not'seel( contribution' from any other Insurance available to ,the additional insured C Insurance Services Office, Inc., 2012 Page of 1 26 4II:ant INTEGRATED INSURANCE & FINANCIAL SERVICES Reproduction of Insurance Services Office, Inc. Form POLICY NU►CER COMMERCIAL GEWERAL LIABILITY CG 24 O4 05 MI WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Mame Of Person Or Organizabon: The following rs adeie+ b Paley yA, 0_ TterJfer Of Rights Of Recovery Against Otfr z s To Us of Section N - Canadians: We wove arty right of recovery we may have }vest the perso Of an z son shown in the Schedule above bec. ise of payments ere make kw rrt}ry a damage . o.4 of your ongoing oPerabortsiOr.\ 'your work" dune under a mre ad with the person or organization and included in the "products-‘, caret a ed operations ha~ard'. This waiver applies only to tie person ar organization shown it the; Schedule above. CG 24 04 03 09 O ^qtr Ica Offrie. Inc_ 2D08 Page 1 d 1 ii 27