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Home My Public Portal About061-2014 - Trademark Construction - NSP31 .f STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR CONSTRUCTION MANAGER AS ADVISER Agreement made as of the IPPI—day of , 2014. BETWEEN the Owner: City of Richmond, Indiana (by and through its Board of Public Works and Safety) 50 North Fifth Street Richmond, Indiana 47374 and the Contractor: Trademark Construction, LLC 189 Fort Wayne Avenue Richmond, IN 47374 for the following project: Vaile Neighborhood Stabilization Project (NSP-3) New construction of house and garage located at: 324 South I Ith Street, Richmond, Indiana, 47374. The Construction Manager: The Owner and Contractor agree as follows: TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION Contract Number 61-2014 1 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be seven (7) days after the Construction Manager delivers the purchase order to the Contractor. § 3.2 The Contract time shall be measured from the date of commencement. § 3.3 Time is of the essence. As such, the Work shall commence within seven (7) days after the Construction Manager delivers the purchase order to Contractor. The Contractor shall achieve Substantial Completion (as defined in § 9.8.1 of the AIA232-2009 General Conditions) of the entire Work not later than September 30, 2014. In the event services are still being performed and the Work is not Substantially Completed (at the location address listed in this Agreement and as determined by completion of the Construction Manager's punch list) by Contractor under this Agreement, liquidated damages in the amount of Two Hundred Dollars ($200.00) per day for each day past the time for completion as set forth above will be deducted from Contractor's retainage. Subject to adjustments of this Contract Time as provided in the Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be a stipulated sum, in accordance with Section 4.2 below. § 4.2 Stipulated Sum 2 §4.2.1 The Stipulated Sum shall be One Hundred Sixty-five Thousand One Hundred Eighty-eight Dollars and Zero Cents ($165,188.00), subject to additions and deletions as provided in the Contract Documents. Contractor understands, acknowledges, and agrees that the Stipulated Sum is contingent upon the availability and receipt of funds or program income from the NSP-3 grant money. Contractor understands, acknowledges, and agrees that in the event the availability and receipt of funds or program income from the NSP-3 grant money by the Owner is terminated or suspended, the Owner has the discretion to terminate this Agreement as provided in Section 14.4 of AIA Document A232-2009 (General Conditions). §4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:. On May 15, 2014, Contractor was awarded the amount set forth in §4.2.1 above for the completion of services as set forth in the April 20, 2014, Bid Specifications ("Bid Specifications"). §4.2.3 Unit Prices, if any, are set forth in the Bid Specifications. §4.2.4 Allowances included in the Stipulated Sum, if any, are set forth in the Bid Specifications ARTICLE 5 PAYMENTS §5.1 Progress Payments §5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and issuance by the Construction Manager, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. §5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 7th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th day of the next month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than 60 days after the Construction Manager receives the Application for Payment. §5.1.4 Progress Payments Where the Contract Sum is based on a Stipulated Sum 3 §5.1.4.1 Each application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, unless objected to by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in §7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitable stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (50/o); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager has withheld or nullified a Certificate for Payment as provided in §9.5 of the General Conditions. §5.1.4.4 Reduction or limitation of retainage, if any, shall be pursuant to Indiana Code 36-1-12-13, as applicable. §5.2 Final Payment §5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contract when the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 (General 4 Conditions) and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate for Payment or Project Certificate for Payment has been issued by the Construction Manager; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment. ARTICLE 6 DISPUTE RESOLUTION §6.1 Initial Decision Maker The Construction Manager will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 (General Conditions). §6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document 232-2009 (General Conditions), the method of binding dispute resolution shall be litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION §7.1 Where the Contract Sum is a Stipulated Sum §7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 (General Conditions). §7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 (General Conditions). ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 (General Conditions) or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract share bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. One percent (1 %) �1 §8.3 The Owner's representative: Tony Foster, Director of Department of Metropolitan Development 50 North Fifth Street Richmond, IN 47374 §8.4 The Contractor's representative: Terry L. Robinson Trademark Construction, LLC 189 Fort Wayne Avenue Richmond, IN 47374 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §8.6 Other provisions: This document (Contract Number 61-2014) attaches and incorporates the following: Neighborhood Stabilization Project Guidelines; Project Program; Owner's Additional Information; AIA Document A232-2009 (General Conditions); and Contract Documents. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. §9.1.1 The Agreement is executed Agreement Between Owner and Contractor, Contract Number 61-2014. §9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. §9.1.3 The Supplementary and other Conditions of the Contract: See attached "Contract Documents" which are listed in order of precedence, and incorporated by reference. §9.1.4 The Specifications: April 20, 2014, Bid Specifications ("Bid Specifications") and their associated drawings were provided to Contractor, which Bid Specifications are on file in the office of the Construction Manager and in the office of the Department of Metropolitan Development for the City of Richmond, and are incorporated herein by reference. 0 §9.1.5 The Drawings: The Bid Specifications associated drawings were provided to Contractor, which Bid Specifications are on file in the office of the Construction Manager, and are incorporated herein by reference. §9.1.6 The Addenda, if any, are attached to the Bid Specifications. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents, if any forming part of the Contract Documents are: .1 AIA Document A132TM-2009, Exhibit A, Determination of the Cost of the Work, if applicable or attached. .2 AIA Document E201 TM-2007, Digital Data Protocol Exhibit. .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed. .4 Other documents are listed on the attached "Contract Documents" which are listed in order of precedence, and incorporated by reference. ARTICLE 10 INSURANCE AND BONDS Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. A. C. Coverage Worker's Compensation & Disability Requirements Employer's Liability Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Comprehensive Auto Liability Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence 7 Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each aggregate IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "OWNER" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: Vicki Robinson, President By: q1Z-4- RicharhFoore, ember Date: APPROVED: �- . Sarah L. Hutton, Mayor Date: "CONTRACTOR' Trademark Construction, LLC 189 Fort Wayne Avenue Richmond,.IN 47374 By: Terry L. Robins r►, Owner Date: 5 — 1q t `♦', 8 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GUIDELINES As referenced in Contract No. 61-2014 Article §8.6 1. Confidentiality and Access to Records. All of the reports, information, data, etc. prepared or assembled by Trademark or Trademark's agent, subcontractor, qualified contractor, or architect, under the Contract, are confidential and Trademark agrees that they shall not be made available to any individual or organization without prior written approval of Richmond. Trademark understands, acknowledges, and agrees that the State of Indiana, the City as recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records of Trademark or Trademark's subcontractors which are pertinent to this project as an NSP program for the purpose of making audits, examinations, excerpts, and transcriptions. 2. Equal Opportunity Clause, Executive Order 11246. During the performances of this Contract, Trademark agrees as follows: a) Trademark will not discriminate against any employee or applicant for employment because of race, creed, sex, color, or national origin. Trademark will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, creed, sex, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. Trademark agrees to post in conspicuous places information to be available as set forth in the below provisions of this nondiscrimination clause. b) Trademark will, in all solicitations or advertisements for employees placed by or on behalf of Trademark, state that all qualified applicants will receive considerations for employment without regard to race, religion, color, sex, national origin or handicap. c) Trademark will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of Trademark's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) Trademark will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e) Trademark will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f) In the event of Trademark's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and Trademark may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. g) Trademark will include the portion of the sentence immediately preceding paragraph `a' and the provisions of paragraphs `a' through `g' in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Trademark will take such action with respect to any subcontract or purchase order as the administering agency may direct a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event Trademark becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such Trademark may request the United States to enter into such litigation to protect the interests of the United States. Richmond further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if Richmond so participating is a state or local government, the above equal opportunity clause not applicable to any agency, instrument or subdivisions of such government which does not participate in work on or under contract. Richmond agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Richmond further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contract and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the executive order. In addition, Richmond agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions; cancel, terminate or extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate proceedings. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A) As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form-941. d. "Minority" includes: i. Black (all persons having origins in any of the black African racial groups not of Hispanic origin); ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or'South American or other Spanish culture or origin, regardless of race); iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia the Indian subcontinent, or the Pacific Islands); and iv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable trivial affiliations through membership and participation or community identification). (B) Whenever Trademark or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000.00 the provisions of these specifications and the notice which is set forth in the solicitations from which this contract resulted. (C) If Trademark is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. (D) Trademark shall implement the specific affirmative action standards provided in paragraphs (011 through 17 of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages 'of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Trademark is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom Trademark has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereof. (F) In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by Trademark during the training period. Trademark must also have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be pursuant to training programs approved by the U.S. Department of Labor. (G) Trademark shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of Trademark's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. Trademark shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: 1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where employees are assigned to work. Trademark where possible, will assign two or more women to each construction project. Trademark shall specifically ensure that all foremen, superintendents and other on -site supervisor personnel are aware of and carry out Trademark's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 2. Establish and maintain a current list of minority and female recruitment sources. Provide written notification to minority and female recruitment sources and to community organizations when Trademark or its unions have employment opportunities available and maintain a record of the organization's responses. 3. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to Trademark by the union, or if referred, not employed by Trademark, this shall be documented in the file with the reason therefore; along with whatever additional actions Trademark may have taken. 4. Provide immediate written notification to the director when the union or unions with which Trademark has a collective bargaining agreement has not referred to Trademark a minority person or woman sent by Trademark or when Trademark has other information that the union referral process has impeded Trademark's efforts to meet its obligations. 5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to Trademark's employment needs, especially those programs funded or approved by the Department of Labor. Trademark shall provide notice of these programs to the sources complied under above. 6. Disseminate Trademark's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting Trademark in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each locations where construction work is performed. 7. Review, at least annually, the Trademark's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on - site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. 8. Disseminate the Trademark's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media and providing written notification to and discussing Trademark's EEO policy with other contractors and subcontractors with whom Trademark does or anticipates doing business. 9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving Trademark's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, Trademark shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. 10. Encourage present minority and female employees to recruit other minority persons and women, and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of the Trademark's work force. 11. Validate all test and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriated training, etc., such opportunities and encourage these employees to see or the prepare for, through appropriate training, etc., such opportunities. 13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and Trademark's obligations under these specifications are being met. 14. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Trademark's EEO policies and affirmative action obligations. 17. *Covered construction contractors performing contract in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any office of Federal Contractor Compliance Programs Office or from federal procurement contracting officers. * Proposed Rule (IT) Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations ((QI through 17). The efforts of contractor associations, joint contractor -union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under JQJI through 17 of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation shall not be a defense for the contractor's non- compliance. (I) A single goal for minorities and a separate single goal for women have been established. Trademark, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female and all women, both minority and non -minority. Consequently, Trademark may be in violation of the executive order if a particular group is employed in a substantially disparate manner. (For example, even though Trademark has achieved its goals for women generally, Trademark may be in violation of the executive order if a specific minority group of women is underutilized.) (J) Trademark shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, national origin or handicap. (K) Trademark shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. (L) Trademark shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contact Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (M) Trademark, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph seven of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If Trademark fails to comply with the requirements of the executive order, the implementing regulations, or these specifications, the director shall proceed in accordance with 41 CFR 60-4.8. (l) Trademark shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned Social Security number, race, sex, status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 3. NSP Funded Contract Provisions Richmond and Trademark shall include the following contract provisions or conditions in all procurement contracts and subcontracts as required by NSP guidelines, IHCDA guidelines, federal law, or the State of Indiana: (A) Effective date of contract. (B) Names and addresses of award recipient or sub recipient and contractor. (C) Names of representatives of award recipient or sub recipient and contractor who will act as liaison for administration of the contract. (D) A citation of the authority of the award recipient under which the contract is entered into and the source of funds. (E) Contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms, and provided for such remedial actions as may be appropriate. (F) Provisions for termination by the award recipient, including the manner by which termination shall be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (G) Scope of Services: i. Detailed description of extent and character of the work to be performed. ii. Time for performance and completion of contract services, including project milestones, if any. iii. Specification of materials or other services to be provided by both parties (e.g., maps, reports, printing, etc.) iv. An access to records clause including a provision that all negotiated contracts awarded by recipients shall include a provision to the effect that the state, the recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the contractor which are pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. V. A Conflict of Interest Clause. vi. Provisions for compensation of services, including the basis for submission of billings as the work progresses and specification of the total contract amount. (H) Bonding and Insurance Requirements, if applicable. (I) Federal Standards Provisions i. Equal Employment Opportunity — Executive Order 11246; Equal Opportunity Clause, goals for female and minority participation and implementing regulations. ii. Rights to Inventions Made Under a Contract or Agreement.. iii. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. iv. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). V. Debarment and Suspension (Executive Orders 12549 and 12689). (J) Section 3 requirements. 4. Executive Order 12138: Women Business Enterprise Policy, For purposes of this Order, affirmative action may include, but is not limited to, creating or supporting new programs responsive to the special needs of women's business enterprise, establishing incentives to promote business or business -related opportunities for women's business enterprise, collecting and disseminating information in support of women's business enterprise and ensuring to women's business enterprise knowledge of any ready access to business -related services and resources. In implementing this Order an agency undertakes to use or to require compliance with numerical set -asides or similar measures. It shall state the purpose of such measures and the measure shall be designed on the basis of pertinent factual findings of discrimination against women's business enterprise and the need for such measure. Conflict of Interest — 24 CFR Part 570 Trademark shall comply with 24 CFR Part 570 in its entirety which regulation is incorporated herein by reference. Richmond and Trademark shall maintain a written code or standards of conduct, which shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by federal funds. No employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his/her immediate family; C. His or her partner; or d. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. Richmond and Trademark officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements. To the extent permitted by state or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary agents or by contractors or their agents. 6. Required Federal Contract Provisions Trademark shall comply with and require subcontractors, architects, and qualified contractors, to comply with the Federal Contract provisions required by the Federal HUD "Section 3" Requirements as set forth in the attached Exhibit A, and the NSP guidelines, as set forth in the attached Exhibit B. 7. IHCDA Regulation Compliance Trademark shall comply with any and all IHCDA rules and regulations that are applicable to this NSP project and not specifically mentioned in or incorporated into this Contract. Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3)_ The purpose of the Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part li5 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,, shall set for minimum number and job titles subject to hire, availability of apprenticeship and training Positions, the qualifications for each; and the anticipated date the work: shall begin. D. The contract agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the,contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135_ F. Noncompliance with HUD regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indiana housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7 (b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (2) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and "Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). EXHIBIT PAGE _L_OF �. Exhibit D FEDERAL CONTRACT PROVISIONS All contracts (including small purchases), awarded with Indiana Housing and Community Development Authority Neighborhood Stabilization Program (NSP) funds must contain the following provisions: Equal Employment Opportunity The contractor and any subcontractors shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Rights to Inventions Made Under a Contract or Agreement Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Invention Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 3. Clean Air Act (42 U. S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended For contracts and subcontracts of amounts in excess of $100,000 the contractor or subcontractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Agency (EPA). 4. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 5. Debarment and Suspension (E.O.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 1 �HIBI'i ti PAGE �OF� Procurement Procedures Neighborhood Stabilization Program Revised May 2009 Peter Hunt 5. Conflict of Interest — 24 CFR Part 570 Trademark shall comply with 24 CFR Part 570 in its entirety which regulation is incorporated herein by reference. Richmond and Trademark shall maintain a written code or standards of conduct, which shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by federal funds. No employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his/her immediate family; C. His or her partner; or d. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. Richmond and Trademark officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements. To the extent permitted by state or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary agents or by contractors or their agents. 6. Required Federal Contract Provisions Trademark shall comply with and require subcontractors, architects, and qualified contractors, to comply with the Federal Contract provisions required by the Federal HUD "Section 3" Requirements as set forth in the attached Exhibit A, and the NSP guidelines, as set forth in the attached Exhibit B. 7. IHCDA Regulation Compliance Trademark shall comply with any and all IHCDA rules and regulations that are applicable to this NSP project and not specifically mentioned in or incorporated into this Contract. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Scope of Project Program Services Trademark shall perform for the City of Richmond all necessary services under this contract in connection with the new construction of an NSP house and garage located at 324 South 1 lth Street in Richmond, Indiana, for the NSP-3 project and shall do, perform, and carry out, in a satisfactory and proper manner, pursuant to all NSP and IHCDA guidelines, the following: a. Comply with the Bid Specifications dated April 20, 2014, and all addenda attached to those specifications; b. Comply with the respective scope list for each project location address; C. All work must conform to the applicable materials and workmanship standards of the City of Richmond and the State of Indiana. All applicable laws, ordinances, and rules and regulations of all authorities having jurisdiction over the project shall apply to the project throughout. Firms will be required to comply with all applicable Equal Employment Opportunity laws and regulations, including Section 504 of the Rehabilitation Act of 1983 and all Federal Regulations contained in CFR Part 85, OMB Circular A-102 and OMB Circular A-87; d. Work performed under this NSP-3 funded project must comply with the IHCDA goal of a ten (10%) percent participation by small, minority -owned, and/or women's business enterprise (DBE). e. Trademark shall assist, communicate, and cooperate with the City, Crane, and Star in order to assure that City, Star, Crane, prime contractors, and subcontractors all comply with applicable federal, NSP, and IHCDA guidelines. City of Richmond Wayne County - Richmond, Indiana Neighborhood Stabilization Construction Specifications BIDFORM FOR Neighborhood Stabilization Program Richmond, IN Due: 8 May 2014 @ 5:00 PM Purchasing Department, 2`' Floor, City Building Following notices given and having carefully examined the Contract Documents as well as the promisees and conditions affecting the work the undersigned proposes to furnish all labor and materials, necessary tools, expendable equipment, and all utility and transportation services to perform all work required by and in accordance with the above named documents, prepared by. SINGLE BID PROPOSAL Bidder agrees to perinrma all items of work as shown on the drawings and/or described in the Specification and Addenda, for complete construction for the amounts as follows: BASE BID 234 South Ilia Street — new construetion The complete construction (including allowancetuir s required by the Contract Documents for the sum of e r -srX (utgdre d and no MOO Dollars 14 (, � 4• co .0 d TOTAL: Calendar Days to Complete: 13 a . i� I+errtA•�e # I � � itiee�`%io•u 5cz,.� s ev Qri �t,�.cnd rec( etghf� - d04IQr5 a."i no C42M5 (A 18,158.o0) J A Rernak # -a ad ci ne �Piou 5ctr�ci -E-i d Q �1� t r rer c o��a Y5 C� l�c� " eP-nts CA 15cx�o� 00 4100 BID TABULATION EXHIBIT . PAGE I OFL& B P -1 s� 0 Prescribed by State BOWofAcoounts Stale Fodn 62414 (10-05) Fbnn No 90 ftVsed 2001) CONTRACTOR'S BI[} FOR PUBLIC WORK- FORM 96 i PART (To be completed for all bids. Please We or print) Dates nia J,B, abt4 1. Governmental Unk (Owner): C c T14 r l ow z. county: Ik-) ocmn E 3. Bklder (FM_ T'1-a d ema r k L225J-racfto-n, LLB 1 4. -telephone Number—( '7 (o-6) R':5 5 -- -� 23 3 O 5. Agent of Bidder (#applicable); ! Pursuant to noon given, the unders(gned offers to furnish tabor and/or material rrecessary to complete j s'n a d the public woAcs projec(of 1..�.-t 1 (Governmental UA in accordance VA(h plans and sped6cattons prepared by i R f ch m o-yL and dated 1- s' l+ for to sum of j Ckleirorir� --na*oy 4r' rad S (4{Q � 4•oo .o o The undars" further agrees to furnish a bond or car MW check with this bid for an amount spec ied in the i notice of the teft if attemattve bids a)ply, the Understyned submits a proposal for each In accordance with fhe notice. Any addendums aifached wlk be specifically referenced at the applicable page. i If addRl xvd units of material itukuded In the contract ens n � � needed, the cast of arils must be the same as that showi bads, then ni hs Or contractunitsII shown dal Wt. 1f the bid Is to be awarded on a unit on separate attactwwL The contractor and his subcontractors, if any, shag not discriminate against or InWnIdate any employee, or applicant fa emPl*neM to be employed In the perforrnanoe of this oont vA vA respect to any matter d Or kWh* related fo employment become of mm, reDgkn ODlm sex, national Origin or ancestry. Bmach of this covenant may be regarded as a material breach of fhe oon(raot. CERTIFICATION OF USE OF UNITED STATES STI=Et, PRODUCTS (if appacabte) t, the undersigned bidder or agent as a conkador on a pubic works project, understand my statutory obligalton to use steel products made In the United States (1.0. 5-1e-8.2). I hereby cWW that t and aR subGor)(motore employed by me for this project YA use U.S. steel products on this project 9 awarded, I understand that vlotallons hereunder may result In forfeiture of coniradual payments. EXHIBIT - PAGE -9L OF 18 t 9 ACCEPTANCE The above bid Is accepted ibis day of . subject to the fostowIng ODWKlons: Contracting Autho* Members: PART 11 (For projects of $100,000 or more -, IC 36-1-12-4) Governmental Unit:: ' Bidder (Flan) Mau a 614, These statements to be subhrhitted bander oath by eaoh bidder with and as a part of his lid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. What puW works projects has ymw organkation completed for the period of one (1) Year Plot to the date of the currant bid? e , Q-�IIG_►.�r�L ..a_ _ �-- v 2. Mat public works projects are now In process of consttuction by your aganhAUM? Contrail Amount Class of Work EqmOd Contpteitott Date Name and Address of Owner la PEE 3 i I r s EXHIBIT-� PAGE �OF l$ I d 9. Have you ever fated to complete any work awarded to you? If so, where and why? 4. List references from Private firms for which you have performed work. to SECTION 11 PLAN AND EQUIPMENT QUESTIONNAIRE 1. li*latn your plan or layout for perbr Ming proposed wo& pcemples could include a narraM a when you could begin work, complete the project, number of workers, eta and any other information whloh You believe would enable the govemments! urnh to consideryour Wd.) Z. Please psi the names and addresses of all subcontractors (Le. Persons s or *ms ouldde Your Oft past �) o hove performed part of the w�orlo that you have used an VA& works projects during years along wRh a brief descriplon of the work done by each suboontrad r. ` 3.. if you intend to sublet any portion of the work, state the name and�addre eachsubcontractor, e**xnent to be used by the vAconb actor• and Whether you will require a bond. However, tf You are uroble to cxsra* provide a IdIng, please utderstand a Leong must be provided prior toed approval: Uril the mWedon of the proposed proJeot, YOU are larder a cont K*G obi g o w to Immediately no* the goverrunet W unit in the event that you subsequently determine that you'd use a subilo *actor on the proposed project. 4. what ant do you have available to use for the proposed pr*ot?. ky equuip�ment to be used by strbcontnadors may also be required to be Usted by the governrnentai unL- R It hW55a.rxj 6. Have you entered inio contracts or received offers for all materials which substantiate the pdoes used In preparW you proposal? if not, please exptatn the ratlortele used which would corroborate the prices pared. tt 2g `J SECTION III CONTRACTOR'S FINANCIAL. STATEMENT Attachment of bidder's >inanc W statement is mandatory. Any bid surtxrdtted without sold frnandat statement as regWed by eWde shall thereby be rendered Invalid. The bnanclal statement proNded hereunder to the governing body awarding the cordrad must be spedfro enough in detal so that said governing body can make a proper determhatlort of the bidder's capability for ccmplefg the project 9 awarded. �5Qe Ekhtb.t `C' �j 1 If EXHIBIT PAGE _OF IT I SECTION iV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duty sworn on oath, says that he has not, nor has any other mer+iber, representative, or agent of the firm, company, corporation or partnership represented by hire. entered Into any cmnbinafion, Collusion or agreement with my person relative to the price to be bid by anyone at such Wft nor to prevent any person from bidding nor to Include anyone to retrain from bidding, and that !fits bid Is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or vAl receive directly or irxlir *, any rebate, fee, gift, commission or Oft of value on accost of such sale, SECTION V OATH AND AFFIRMATION HEREBY AFRRM tWER THE pEN&TIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FORMING BID FOR PUBLIC WORKS ARE TWS AND CORRECT. 1 bated at Rjnhn=iIj 1 �1 its Ste` day of LL �-- ' ey ACKNOWLEDGEMENT t STATE . f )8 r COUMY OF, ,1 i AC Bafore rr,% a Notary PurNq personally appeared the above4mned , �% Y1 and swore that the statements contained h the foregoing document are We and correct. lh Subscribed and sworn to before me this - day of 9 I / , Ma rs eota' t MyConurrission Expires:--- County of Residence; EXHI8IT,_Q_ PAGE S OF 1& City of Richmond Wayne County —Richmond, Indiana Neighborhood Stabilization Construction Specifications ADDENDA The Bidder acknowledges receipt of the Mowing Addenda: Addendum # j Dated 4 M- Addendum # Dated la- - J AddeWum. # Dated Addendum # Dated 131biDER-MMMA AT -TON - - BA_ v A M %R Y% 4N, a M UM_ 11 Printed Name: Sig��ti Neu &oM r 00 4100 BID TABULATION BID FERH—IBIT .A PAGE OF.19� 4 r. V A Document A305"' - 1986 Contractor's Qualification Statement U-1 The UPdomigued certifies under Oath that the infomlation provided herein is true and sufficiently complete so as not to be misleading. SUBAVMD TO: its form Is eflxv4ed and SUBMITTED BY. r000rrreen led by the Arrorlcar4 InstRuto of Archlects (ALA) and 'rho Aisodated General Cwtra*rs of Amorks (AGC) fur tj NAME.- use In Mluatkv the o q'JeWcaUm of contractom No endorsement of On subnAft ADDRESS: 169 j6d Party or ver"&" Of the kdbm*Abn Is made by AM or AW. i ..} ,. PRIKIPALOFROE: 0 Corporation ❑ Individual ❑ Joiutventure ar Other Jill-" NAME OF Pkomm (If applicable) tA41 TYPE OF WORK- (Fde a separaleforinfor each aawyw-adon of wol.k.) W/ Genual Construction 0 HVAC 0 Electrical 0 Plumbing 0 Other (Spec6) 1.0-ORGANaKnON M HOW many y6ars has your organization been in business as a Contractor? Lj 'M'0'064.196%1979 and I9B6byThe ArPefi=lns%vle ofAmbiectLARrIgtftresmed.WARMNG:'RJs ZPDo=sn=;9'tedrby UZOopyright, Law and Intemadonal Treaties. Unauthorhed reproduction or distribution of this AlAoDocumor1% or any poftn of 14 may result In swore 4A and edrobal penalties, and vAl he prosecuted to to makbum extent possible under the kw. Purchasers are permitted to reproduce ten (10) copies orft document when c"apbjed. To report copyright viola bm of AAA corAraot D0=WFft. e-Md j The American kismft of kdtwcw legal counsel. copAhosam. WHO EXHIBIT -A PAGE 7 §12 How many years has your organization been in business under its present business name? 0 • § 1.2.1 Under what other or former names has your organization operated? § 1.3 If your organization is a Corporation, answer the following. § 1.3.1 Date of incorporation: § 1.3.2 State of hworporation: § 1.3.3 President's name: § 1.3.4 Vice-president's name(s): § 1.3.5 Seactaty's name: § 1.3.6 Treasurer's name: § 1.4 If your organization is a partnership, answer the following: § 1.4.1 Date of organization: § 1.4.2 Type of partnership, if applicable: § 1.4.3 Name(s) of general partneshy § 1.5 If your organization is individually owned, answer the following: § 1.5.i Date of organization: § 1.5.2 Name of owner. . A!I oDocuMWd A3o5- —19ss. Copyright ®1964, i M,1979 WW 1966 by The American Inside of ArdAecM AH rights reserved. WARIO iG. This ' AIA Document is protected by U.& Copyright LAw and Intemallorrai Treaties. UnaWwrizsd reproduction ordistribudon of this Al pooument, 2 or.atty portion of N, may result to savers"and orimtwi permMes, &W will be prosecuted to the mardmum extent posslbis udder the taw. !°urcfwuers ens permiaed to mpmdwe ten (10) copies of this doounmg when conVisted. To report eoppW violallom of AIA Contract Doaaaeat . eanal The A ins9lute o[ Architeois legal oounsEi, co�nlgid�ataorp EXHIBITT _,Q_ PAGE �OF� § 1.6 If the form of our or ganization rgaaization is other than those listed above, describe it and Warne the principals: § 2.0 LICENSING § 2.11 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. , ., _ 0 eoi § 2.2 List jurisdictions in which your organization's partnership or trade name is flied. 1 �� § 3.0 EXPEA.MtE § 8,1 List the categories of work that your organization normally performs with its own fordk, jj vu`th.t:rn § 3.2 Claims and Suits {I, f the MnW to any of the questions below is yes, attach details.) § 12,1 ifas your organization ever failed to complete any work awarded to it? § 3.2.2 Are tbare any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? § 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? i j of the answr is yes, attach details.) t § 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. § 3.4.1 State total worth of work in progress and under contract: AfA boctmtent A105TM —1906. Copyright O 19K 19M 1979 and 1986 The Amerlcm Insure of ArdAeft A!t a by rigt>ts reserved. WAR�18d6: This R AIA Doumlcemt is protected by U.S. Copyright Law and Irdomational Trestles. Unsuthortzed reproduction or distribution of this AlA Doeuumerd; 3 . or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the meximuum extent possible under the,Iaw. l'rxahasers era penniGad to reproduce ten (10) copies of Ws document when completed To report o~ Wgladoru of AIA Contract DocuaxMA% a-mal The Aaiedcan InsBtute of Awl' legal counsel copytigNoMmoM. HiBlT - PAGE OF t T ' t 1� § 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the F- name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work 1 performed with your own forces. § 3.6.1 State average annual amount of construction work performed during the past five years: a, 34q )1.4 n § 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. � -� — ` F 1 § 4.0 REFERENCES 4.1 Trade references: ,'1138 f�s� 0 l.J� Cen� 47330 1171(x 1" )3 t c, 5 4d &) &.a+ .1 A) 4-73 0 `7 . I 01,W- ..11 aof i.5 tz, 4 )1 N 10 F 44 • R 1 eh m o-Ad , IN 4 `73 74 § 4.2 Bank references: O.t,Aa 6a n-k, Jq toKm_0,rtd, ao '-71&tfh a* y Pj cCh M [A) 6afL.r 4 t.-� , 5 00 76&u.- _ n ,64- . t � i ch m and I § 4.3 Surety J § 4.3.1 Name of bonding company: PWO-60n•er•5 /n!;Ura-nee .` §•412 Name and address of agent: r1,5tA fo-,i e R leJ1rna-V\Jt IN 4-7374 i § 6.1 FINANCING § Financial Statement i § U.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income { statement showing the following items: ' .1 Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued incotne, deposits, materials inventory and prepaid expenses); .2 Net Fixed Assets; j. .3 OtherAssets; A Current Liabilities (erg., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll tastes); and .6 Other Liabilities (erg., capital, capital s%ck, authorized and outstanding shares par values, earned surplus and retained earnings). 7� F. �r AlA Document A805TM —19M copyright ®1954,1M.1879 and 19ti5 by The Amer1ow lasHule of Axhneois. An rights r&senva WARNING :This AW Document fs protected by U.B. Copyright Lawand hd"Wtionai Trestles. Unauthorized reproduotlon or distribution of ifds Ali° Document, or any portion of it, may result in severe am and arim@ta1 penal(W4 and will be prosecuted to the maximum extent possible underthe law. Purchasers are penTMed to reproduce len (10) eagles ore& document,.*w compiete& To report copyright vlaiations of AIA Contract Doaments. e• rmv The American Institute of Architects' legal counsel, copyctyht�alaorg. ' EXHIBIT PAGE to OF t$' E. Y "s § 54.2 Name and address of firm preparing attached financial statement, and date thereof § 5.1.3 Is the attached financial statement for the identical organization named on page one? c � i § MA Ifnot, explain the relationship and financial responsibility of the organization whose financial statement is provided (e g., parent -subsidiary). j § 52 Will the organization whose financial statement is attached act as guarantor of the conthot for construction? § 6.0 SIGNATURE § M I?atod this 8 day of Int 20 14 Name of organization: 1, • ' � Title: Qi;1�11•P/�— § 6.2 M being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be tmisleading. ` Subscribed and sworn before me this 814 day of Notary Public: (� , of ? My commission expires: Call 1i(p (,Jocc.(nQ t'tut `� CAUTION: You should sign an original A!A Contract Document, on which changes will not be obscured this text appears in RED.D. An oiigiat asst}res that AIDocument ASOSIN — ISO& Copyright Q 1964, ISM 1979 and IM byThe Amerkan InstAWe of Ards W& All dghts reserved. WA MNG: This Ate Document is protected by U.S.. Copyright Lew and hornstional Trestles. Unauthorized reproduction or distribution of this W Document, or any portion of tt, may result in severe civil and criminal penalties, and wAl be prosecuted to the amimum extent possible under the law. Pumhasm Are twadited to reprodwe ten (1 D) copies of tds document when completed.To report copyright violations of AIA Contred Owmwnis, eirW . The Amerban tnctprrra of Arm' legal counsoi. oapyeaht&la a g. EXHIBIT �. PAGE �OF ► 8 5 Other Bidding Information #1 Worland Realty Max Worland 1235 Clear Creek Lane Richmond, IN 47374 (765) 977-6408 Greg Boyce 1443 Lakeview Court Richmond, IN 47374 (765)993-2566 Jason Wright 920 Southwest 15" Street Richmond, IN 47374 (765) 960-6514 REFERENCES �HIB�IT—j��(PAGEla- OFJ 8 Other Bidding Information #4 DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of Trademark Construction, LLC that disadvantaged businesses, as defined by 49 DFR Part 26, Sub part D and implemented under Rule Chapter 14-78, F.A.C. shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the City of Richmond, Richmond, Indiana The requirements of Rule Chapter 14-78, F.A.C. shall apply to all contracts entered into between the City of Richmond and Trademark Construction, LLC. Sub contractors and/or suppliers to Trademark Construction, LLC will also be bound by the requirements of Rule Chapter 14-78 F.A.C. Trademark Construction, LLC and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C. to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the City of Richmond. Trademark Construction, LLC and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with the City of Richmond. Trademark Construction, LLC has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The liaison officer will be responsible for disseminating this policy statement throughout Trademark Construction, LLC and to disadvantaged controlled businesses. Terry L. Robinson, Owner EXHIBR� PAGE_jy_pF� Exhibit `A' Section M #1 Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid. Trademark Construction would have enough manpower to perform the work proposed within the specified nine -week period. We are able to control the quality and speed of our workforce with strong relationship that we have formed with our subcontractors. That, coupled with our solid employee base, has allowed us to complete all of our projects on time and with 100% customer satisfaction. EXHIBIT _A_ PAGE t 5 OF t g H a 0 O p 00 .� cd O ap a 3I a o o w U v� w v t7 `� w a x A a � O ci: w x U U � o Nt N .y �t � � •--� d Z 00 N Mtn cn o ~zM M t- o o x x o 0 10 o bo o U a a c r z o W x �'' ox 3 ElIt „d N ,ti > 0 r3 'd a� U �' A .� z wo U O gp > O y^ O rA O N w a �O 0 R�r .�t� td b M 0 cd tC 1n O c� %O O 00 i t V'1 'b a a N P; - Co 3° S aRo ca _� a Z GQ w U z E i x ,cd o O � M %0 M N O o N O M O 'Ly '�t �t en It N t `�i o 00 N to 00 .~. N c`d .~_, � � � . � o t� N 00 M .--� r` .-� . -� h N V1 W �O tt W �t to M .-� tO 'n U a a ►� ao .P � b ►� U � o c'oi 0 CZ i r? W . d 2 V, pCd .� 44 v� a c ' �y �j C7 A oho U U U v� pq U ►° w 10 M z Z O E-y @F181T�PAGEJ O . A 44 W � C14 �.4 cn N t- .v - v �d ed cd cd cd cd cd cd m �� ca fa 0 3Mco46E.maw Z �� 'n�o7,a � a x�M"00C,WAx �IT_A PAGE ffl-F c8' Exhibit `F' S 3.6 Experience Terry L. Robinson — owner Terry has been involved in new -home construction since 1985. He was a partner in H & R Developments from 1990 until his partner retired in 2007. He has built more than 550 homes ranging in price from $75,000 to $856,000. He is currently the sole owner of Trademark Construction, which has 9 single-family homes under construction. Mike Frame —project manager Mike attended the NAHB Estimating Course. He has been building new homes since 1996. He was employed by H & R Developments for eight years as project manager until it stopped building homes in 2007. He has been employed by Trademark Construction since its inception in January 2008. Marsi Jordan — office manager Marsi is in the office 40 hours per week. She was employed by H & R Developments for 15 years as bookkeeper/secretary until it stopped building homes in 2007. She has been employed by Trademark Construction since its inception in January 2008 Tom Barth — project manager Tom has 42 years of experience in all phases of construction. He has worked for Wiwi Builders and Wlutewater Construction and owned his own company for 14 years. He was with Crane, Inc. for 10 years before joining Trademark Construction in February of 2013. EXHIBIT �PAG�El OF SCOPE OF WORT{ HOL,LISTER PLAN FOR CITY OF R [CHMOND,.INDL4NA 1. GENERAL INFORMATION A. Layout by Contractor B. All permits by Contractor at Owner's expense C. 2-10 -warranty by Contractor D. Builders risk insurance by Contractor E. Blueprints by Owner F. In the event of conflict between plans and specifications, specifications govern. G. In the event Contractor -encounters underground water or unacceptable footer soil, Owner will be responsible fur any additional cost and remedies 2. FOUNDATION A. 10"x16" footers with two rows of #5 rebar B. 8 block walls C. 4" deep concrete slab in garage D. Visqueen over pea gravel under slab E. Visqueen over pea gravel in -crawl space P. Conditioned crawl space per code G. .2" Di -foam insulation around perimeter walls of crawl space H. Sump pump pit.per code I. Black mastic sprayed or ThoroSeal brushed. on exterior of crawlspac a walls . 3. FLOOR JOISTS A. Wood beams per. blueprint B. 2"x1-0" floor joist. per blueprint with metal cross bracing C. - %" tongue & groove OSB 7sub floor, glued.and nailed . 3/8" plywood at vinyl and the areas . CONCRETE WORK A. 3' walkway to front. porch from public walkway B. 10' wide drive to alley C: All concrete flatwork to be 4000 psi with -limestone and have fiber mesh' . D. . 3' wide walkway around house E. Pad for a/c condenser.. F. 145 square foot front porch slab �. 3' wide step and 3'x3' stoop at. laundry exit Page 1 5. 6. EXTERIOR WALLS A. 2"x4" stud walls, 9' high on main level, 8' high on upper level,16" O. C. B. 7/16" OS on exterior walls C. Certainteed cement siding, painted - color? D.; 3 %Z" fiberglass batts - house exterior walls and restrooms and garage E. Vapor barrier F. z" smooth drywall on house and garage walls G. 5/8" textured drywall on house and garage ceilings H. MiraTECQD balusters and rails at front porch, painted - color? L Three MiraTECO columns at front porch, painted — color? I. Vinyl gable vents per plan J. DrainWrap house wrap K. MiraTECO trim at front windows and door per plan, painted — color? L. MiraTEC® rake and fascia, painted — color? ROOF AND SOFFIT A. 30 year architectural shingle color? B. 7/16" plywood roof sheathing C. Engineered trusses D. 15# felt paper E. 5" continuous aluminum.gutters and•downspouts - color? F. Vinyl soffits color? G. R-38 insulation, blown in ceiling of living area H. - R I9 insulation blown in ceiling, of garage I. Continuous ridge vents per code J. Standing -seam metal roof at front porch per plan — color? -7. UTIL.T MS A. Natural gas furnace - forced air 90% by Maytag or equal (automatic pilot) B. Electric water heater - 52 gallon C. Laundry box for washer plu ingper60 a E. Central air conditioning by Maytag or -equal F. Dryer vent per code G. Naturalgas line to f replace "H. Two exterior water faucets L Plumbing box for. refrigerator J.: Water softener bypass, unsofftened line to refrigerator,. kitchen sink, and outside faucets (softener and installation by others) K. Underground conduit for phone line L: Laundry tub and faucet (see Customer Option Valpes) S. ELECTRIC A. 200-amp service per code B. Electric outlets per code (outlets, switches, and covers in light almond) (wiring per blueprint) C. Lighting fixtures including recessed fixtures and bath exhaust fans (see Customer Option Values)* D. Cable/satellite outlets using RG-6 wire 4 furnished E. Telephone outlets using Category 5-E wire - 4 furnished F. Smoke detectors per code (see Customer Option Values) G. Front door bell and button (see Customer Option Values) H. 70 cfin fanlight in each bath (see Customer Option Values) 9. EXTERIOR DOORS A: 3' six panel insulated. steel with full sidelight at front entry, painted - color? B. _ 2'8" half-lite steel with grill at laundry exit C. 6' vinyl slider with grill and screen at rear D. 3' half-lite steel with.grill at garage E. i 0'x7' raised panel insulated -steel overhead door 10. WINDOWS A. Andersen double -hung thermal pane wood with low-e (200 series) or equal E, Grills all windows C. Screens all windows D. Two windows at master tub to be tempered glass 11. KITCHEN A. Stainless steel double -bowl sink (see Customer Option Values) B. Cabinets per plan, recessed panel oak or maple color? (see Customer Option Value) C. Plastic laminate counter top (rolled -edge) (see Customer Option Values) D. Disposal - InSinkErator Badger 1 E. Appliances (see Customer Option Values) — color? F. Kitchen faucet (see Customer Option Values) A. 5' fiberglass jetted tub - white (see Customer Option Values) B. 4' fiberglass shower — white (see Customer Option Values) C. Vanity same aslitchen (see Customer Option Values) D. Cultured -marble top with double bowl (see Customer Option Values) E. Two faucets at vanity, one at tub,. and one at shower (see Customer Option Values) F. -Toilet (see Customer Option Values) Two Alexandria chrome towel bars and one paper holder by Harney Hardware or equal H. Plate glass mirror with wood frame over vanity 13. POWDER BATH (0) A. Pedestal sink (see Customer Option Values) $. One faucet at sink (see Customer Option Values) . C. Toilet (see Customer option Values) D. One Alexandria chrome towel bar and:onepaper holder by Harney Hardware or equal )✓. Plate glass minor with wood frame over sink Page 3 1_X01..T ; PAGE �� 14 HALL BATH — UPSTAIRS (#1) A. 5' fiberglass tub/shower — white (see Customer Option Values) B. Vanity same as kitchen (see Customer Option Values) C. Cultured -marble top with single bowl (see Customer Option Values) D. One faucet at vanity and one at tub/shower (see Customer Option Values) E. Toilet (see Customer Option Values) R Two Alexandria chrome towel bars and one paper holder by Harney Hardware or equal G. Plate glass mirror with wood frame over vanity H. Linen closet (in hall) by Contractor (5 shelves) I5. FLOOR COVERINGS A. Ceramic at master and upper hall baths (see Customer Option Values) B. -Hardwood at living room (see Customer Option Values) C. Vinyl in kitchen, dinette, laundry, and powder bath D, Carpet at other locations (see Customer Option Values) 16. FIREPLACE A. Zero -clearance fireplace by Lenox (direct vent), with fixed glass B. Flush tile hearth (see Customer Option Values) C. Tile face to mantle height (see Customer Option Values) D. Shelf mantle by Contractor E. Ceramic logs 17.. INTERIOR DOORS AND TRIM A. -Six -panel colonists doors —primed B. Colonial trim casing (WM366) around doors only —primed : C. 3" colonial baseboard (WM623) — primed -D. Painted walls — one coat drywall primer, and one coat off-white flat latex (one color throughout house) — color? E. Painted trim and interior doors - white latex (semi gloss finish): F. Schl . age antique bronze knobs thumb latch at front entry, and single cylinder deadbolis or equal to . H. Hinges and doorstops to match finish of door handles & YARD WORK A. Rough and final grade B. Spread 6" of top soil (retained from excavation) C. Landscaping (see Customer Option Values) 19. OTHER NOTES A. Vinyl -coated wire shelves One garage door opener with two transmitters C. One 3030 wall cabinet and rod over washer (see Customer Option Values) D. Concrete splash blocks at downspouts - 43.. Plastic laminate countertop in laundry (see Customer Option Values) F. lUliraTEC® handrail at back entry G. 18'x22' garage at alley Page 4 EXHIBIT JL PAGE If 20. CUSTOMER OPTION VALUES A. Lighting including bath exhaust fans, doorbell system, recessed fixtures, and smoke detectors - $2,000' B. Appliances - $,000 C. Flooring (including all ceramic) gOba D. Landscaping -'2 Coo - E. Plumbing fixtures - $3,000 F. Cabinets and counter, tops - $3,500 23. ACCEPTANCE Many ideas and alterations may have been discussed in this and previous meetings. Only those items described in4he above Scope of Work will be included in the proposed building project. *I have read the above Scope of Work and understand that this will -be used as the building guide. This Scope of Work is hereby incorporated into and made a part of the attached Agreement. OWNER'S ADDITIONAL INFORMATION As referenced in Contract No. 61-2014 Article §8.6 Compliance with Laws. Trademark shall comply with all applicable laws, ordinances, and codes of the Federal, State, and Local governments. 2. Term of Agreement. This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the new construction of the NSP house and garage located at 324 South I Ith Street in Richmond, Indiana. As set forth in § 3.3 of Contract No. 61-2014, time is of the essence and the Work shall commence within seven (7) days after the Construction Manager delivers the purchase order to Contractor. The Contractor shall achieve Substantial Completion (as defined in § 9.8.1 of the AIA232-2009 General Conditions) of the entire Work not later than September 30, 2014. In the event services are still being performed and the Work is not Substantially Completed (at any of the location addresses listed in this Agreement and as determined by completion of the Construction Manager's punch list) by Contractor under this Agreement, liquidated damages in the amount of Two Hundred Dollars ($200.00) per day for each day past the time for completion as set forth above will be deducted from Contractor's retainage. 3. Compliance With Worker's Compensation Law. Trademark agrees and acknowledges that it is an independent contractor and will not seek Worker's Compensation coverage from Richmond in the event that one of Trademark's agents, employees or contractors is injured while performing the terms of this Agreement. Trademark further acknowledges that it will comply with Indiana Worker's Compensation law. If Trademark is an out of state employer and therefore subject to another state's worker's compensation law, Trademark may choose to comply with all provisions of their home state's worker's compensation law. 4. COMPLIANCE WITH COMMON CONSTRUCTION WAGE LAW Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction Wage law, and shall, during all of Contractor's work under this Agreement, provide the City with complete and accurate certified payroll documents. Contractor shall use the forms provided by the Department of Public Work and Engineering, unless Contractor has comparable software to generate the certified payroll documents and such software is approved by the City. Such documents shall be submitted within forty-eight (48) hours of each pay period for work completed under this Agreement. Should Contractor fail to timely supply the City with said documents, or if the City has questions concerning the documents submitted, City reserves the right to do any of the following: a. Stop payments to Contractor under this Agreement; b. Interview employees to verify wage payments; C. Request from Contractor copies of cancelled payroll checks; d. Report Contractor to the Indiana Department of Labor; e. Report Contractor to the Internal Revenue Service; f. Consider Contractor to be "non -responsive"; g. Consider Contractor to be in breach of this Agreement; and/or h. Refuse to hire Contractor for future Contracts with the City. Withheld payments will not be reinstated until proper certified payroll documents are submitted to the City. 5. Prohibition Against Discrimination. 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Trademark, any subcontractor, or any person acting on behalf of Trademark or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Trademark, any sub -contractor, or any person action on behalf of Trademark or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Trademark by Richmond under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by Richmond and all future earnings may be forfeited, in the event of a second or any subsequent violation of the terms or conditions of this section of the Agreement. 5. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. 6. Compliance with Indiana E-Verify Requirements. Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 7. Iran Investment Activities. Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 8. Access to Public Records. Parties understand, acknowledge, and agree that any information received by the Owner may be considered a public record under the Indiana Access to Public Record law and may be treated as such. 9. Miscellaneous. This writing constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. Any previous discussion, negotiation or dialogue relating to the subject matter contained herein is superseded by this Agreement. Furthermore, both parties agree that no discussion, representation or negotiation, other than that contained herein, has transpired relating to the subject matter of this agreement and that neither party is relying upon any negotiation or discussion that took place prior to this agreement. Furthermore, both parties agree that this contract is contingent upon Richmond being awarded the NSP Grant by Indiana Housing and Community Development Authority. D CONSTRU—C-110IN -1014MOER 10 PROTECTION OF PERSONFAIND.-PROPERTY A s. E AN V.kgy wnkINGAND CORRECTION OF WORK O 113 NEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE "CONTRACT 15 CLAIMS AND DISPUTES AIADocument A2321m-2009 (formerly A20ITmCM9;-1992).-Copydg.ht0i� lniL WARNING: This AIO Document is protected by U.S. Copyright Law and Ito AlAe Document or any portion of It may result In Severe chril and criminal under the law. Purchasers are not permltW to reproduce this documeht -to re; Institute of Architects' legal counsel, copyright@aia.org. by n IftfifiAe of Architeds. All rights reserved. Unauthorized. reproduction or distribution of this I'aha Ot be prosecuted to. the maximum extent possible ht foiaticrrs ofAIK Cbrktract Documents.. 0-mail The American Building Permit 2.2.2,3.7.1 Capitalization 1.3 :ertifi _ . of Substantial Completion, :8.� • , 9.8:5 g for Payment 2.3,9.4,9.5,9.6.1,96.6,1.7,94b:1,9.1.0:3, Concealed or Unknown Conditions 3.7.4, 4.2.8, $:3:1, 10.3' Conditions of the Contract Consolidationor Joinder 15.4:4 CONSTi11(7CTION BY 0W1ER ByOTM R CONTRACTORS es of Inspection, Testing or Approval Construction Change TDirective, Definition of :4 731 r �}77"r ificates o insuran Constr�i On: ange Directives , 9.10.2 -.1.3 3..12.8,4.2:12,4.213,71A,7.1.2,713;; Z. ,0- tinge Or 2 4, 3,7. 3 11, 3 12:8; 4 2�12, Construction Manager, Building Points 3, 4 _� .3 1. , ; , �I32., 7.3;4, 2.2.2 Construction Manager, Co �nutai oils thr, g � gh 5:1 3 4.2.6 fontruetion Manager; Const�citon Sole 5. 3.10;1, 3.10.3 CONSTRUCTI<ONA OER 4 'y C Cvur�trtiction Manager, Definition of 2 2134. 3 ,14, i„�83:1, 9.3.i.1 412 Alt iis, Construction Manager, Documctlts,*Ud p1es at 11e site11 - CL 3. ..,!A. 1 1.8, 4, Construction Manager, Extent of A�utolt iiy 9 10;1,3,1 3.12.7, 3.12.8, 4.1.3, 4.2.1, 4 2,t 5; 4 2 9; 7.1.2, Claiitis fb'r Adt11� 7.2, 7.3.1, 8.3, 9.3.1, 9A. 1, 9, 3e43, $�$ 2, 9:3, 11,7E. 3 ; ,9.10.4i10.3.2,10.4, 9.8.4,9.9.1,12.1,1221s34:23,14.2.4 a 1& iA � ' J `Y Construction Eger, rnitations-of Authority and `Clain Adili>fona`l Responsibilitl+ 3:2.4, 3 7 i�4 .5 4.2.5, 4.2.8,13.4.2 y Concealecj 'tions, Claims for Construction Manager, Submittak 3.7 1.•, 4.2.9 `Claims for QY Construction Manager's Additiom1f ervices arid; 3.2.4, 3 3' 9.3.3, 9.5.1.2, 9.40.2, Expenses 9.10.5, 12.2.1 Cleaning fit► _. Construction Manager's Administration of the 3.15, 6:3 Contract Commenel�ioiit of 9�itory Lin tion'Petiod 4.2, 9:4, 9.5 13.7 Construction Manager's Approval Commencement of the Work, Deftiution� of 2.4, 3.10.1, 3.10.2 8.1.2 Construction Manager's Authority to Reject Work Communications, Owner to Architect ` 4.2.8, 12.2.1 2.2.6 Construction Manager's Decisions Communications, Owner to Construction Manager 7.3.7, 7.3.9, 9.4.1, 9.5.1 Construction Manager's Inspections - Communications, Owner to Contractor.: 4.2.8 9.8.3 9.9.2 2 2 6 — Construction Manager's On Site Qbaevations tin gfin1 Facilitatingonet 9.5.1 Admi Construction Manage r7.'s.:Relationship with Architect 3.9.1,4 4 1.1.2',4.2.1,4.274.2:8,4.2.9,4.2.13,4.2.15,4.2.16, CONK .� PAYMENTS AND 4.2.20, 9 1, 9 4.2 9.5, 9.6.1; 9.6.3, 9.8.2, 9.8.3, =-'=W 9 9.8.4, 9.9.I 9:10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, Completion, Substantial 13.5.1 13.5.2, 13.5.4, 14.2.2, 14.2.4 4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3:3, 9.8, 9.1:1; 9:10.3, 12.2.1, 12.2.2, 13.7 AIA Document A232TM _ 2009 (formerly A201"Q*a—1992). Copyright 01992 and 2009 by The American Institute of Architects: All rights reserved. Init. WARNING: This AIAe Document is protected by O.S. Copyright law and International Treaties. unauthorized reproduction or distribution of this 3 AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will tie prosecuted to the maximum extent possible i under the law. Purchasers are not permitted to reproduce this document. To reOW copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Construction Managet-' Re}atit-P��ptt#cvr Cottractor's l�i'ility Insurance 3.2.2, 3.2.3, 3.3.1, 3:5, 3.10.1, 3 101,�i 3.12.5; 3.12.6, 3.12.71 3.12:€1, 31PA i Contractor's 9-elationship with Other Coiitractoxs.atxl 3.14.2, 3.15.2, 3.16, 3:.17, 3 18 1, 4 2" . - 4 Owner's C� Forces 4, 4.2.17, 4.2 20,.5 G, r a 3 12:, 3 14.2, 4'S'Cf 11 •fin ls, i Ky 3.7, 7 3 10, $ 3 1 9 2, 9,3 3� Ct�itraetgr s 1elaishtp wtth &tnkr 5.6 ��-,; 11.3.7, 12.1, 13,5..I,11"e A 4 2 1 2 I Uon Ivianager's Relatiatr t 'vs tlt Q Coa, to dtfT.1lt1p vt►it t tt>l Atelttt cct r ; .21; 10. 3:2 10 �.444,,3r 4: 3 onstructian Manager' elaticit�s3 t ix�tth t 3. 11, 3 12, 6�' - , .. . , C . * 7, $ 3..1, 9.2 93 9t4, rytractors OwFnc P F= 9 5, 9 7 8 9:9, 10.2.6, 16.3,H A 14 . tructio a <onship:1 ' ttxKctgr's B:Irlationshig;wiSt.the on ti f a 5.3 . 6 31 1f33 ,y1�,, lfli.j,f' its 16 �F 3.15.1, E 317,'3.Y19,1 4. '�. 6.22, f;fit) 10 r 9Al 94. ' 9�;1 9; 1 10 2 0 "10:,3 o.,' A +� 10.26,10 ,1.37, IZ l;13-5.1 ,. 13 e. C#>ttrt't: Rupresentali� 3,31.24,62.,$.2.1,933.9$,2 O� 1IPa Responsibility for a 1 tor's Thos Work 01� Oft S�USP�i1IS�i3!� 3.3,2, 3.1$, 5 3, 6.1.3, 6 2 9 S 1,1E0 2 8 � w Conwaolor's_Review, of Contract I?eoutne is 41 t �; 3.2 . aCa7tf i ' o Contractor's Right to Sty the 3ilork i . ILL ,� 97 Conditions.Reloting- Contractor's RWo Tott mate the Contract 4 ram; 14.1 3,6,11.4.1 Contra ctor's%mittals xr Docrit Furnished and Use of 3.10.2, 3.1,1 1, 4.2.9, 9, I.3, 9.8.2, `9.:1, 9:10.2, 5.3 9.10.3, 11.1.3, 11.4.2 }� trit# "tmw1brafinifi..n of Contractoes Superintendent 3.9, K2.6 �; Ct kPerfot t ulin Arbitration Contractor's Supervision and Construction Procedures a 5 `ks' 1.2.2, 3.3, 3.4, 4.2.5, 4.2.7, 6.1, 6.2.4, 7.13, 1.3.5, font �:: 7.3.7, 8.2, 10, 12, 14,15.1.3 71f1, - 3.8,1.1(� 5.2.3, 7.2, 7.3, 7.4; 9.1, 9.2, Contraetital' Lia#f it}r Insurance 95 1 ;.9.6.7, 9:7, 10.3.2, 11.3,1, ,;i2.3, 1A..2.4, 11.1.1.8, 11..2, 11.3.1.5 14.3.L " 15.1.,4, 1 5.2.5 Coordination: and "Correlation Co>wct Time 1.2, 3.2, 3.3.1, 3.10, 3.12.6, 6.1.2, 6.2.1 3.7.4, 3.7.5, 4, 3.10.2, 5.2.3, 7:2.3, 7.3.1,.3.5, 7.319, Copies Furnished of Drawings and Specifrctztions 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5,1, 9.7, 10.3.2, 12 1 , 1.5, 225, 3.11 4.3.2, 15.1.5.1, 15.2.5 C°pigtts �4 4 ;;C`nitract Time, Definition of 1.5, 3.17 8.1.1 Correclian Of. WoTk CONTRACTOR2.3, 24, 9.4.1, 9.4.2, 9 8 2,,9 8 3, 9 9.1, i2,1.2, 12.2 Correlation and1uten>i*tth:- Copt ctd? meats ' on of 1.2 Costs tln a r' struction .Schedules 2.4, 3 2. 4;�3 ? 3, 3 8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 3.1 :2, 6:1.3, 15.1.5.2 7.3.3.3, 7.36,7.3.7, 7.3.8, 7.3.9, 11.3.1.2, 11.3.1.3, Contractor's Employees 11.3.41 11.3.9, 12.1, 12.2.1, 13.5, 14 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, Cutting and Patching 11. 1. 1, 11.3.7, 14.1, 14.2. 1.1 3.14,6.2.5 AIA Document A2321" — 2009 Vemerly AZDIT"CMa—1992). Copyright q.4iM and 2009 by °ll a American Institute.of Architects. All rights reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright.Lah and International Treaties. Unauthorized reproduction or distrtbutloh:ofthis 4 AIO Document, or any portion of it, may result in severe civil and4HMjnal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To:report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Damage to Construction of Owner or Other Execution and Progress of the Work Contractors 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3 1, 3.3.1, 3.4.1, 3.5 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5; 10.4, 11.1.11 3.7.1, 3.10.1, 3.12, 3.14, 4 2.; 6:2 2; 7:1.3, 7.3:5; 8.2; 11.3,12.2.4 9.5.1,9.9.1,10.2,10.3,12.2,14.2,14.3.1,15.1.3 y,`tb the Work Extensions of Time } r s4 J, 10.2.1.2, 10.2.5, 10.4, 11.3..1; 12.2.4 • u 3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9 5.1, 9 7, 10.3.2, . ' )aims for 10.4, 14.3, 15.1.5, 15.25 6.1.1, 8.3.2, 10:3 3;11'.1.1, 11:3.5, 11:3.7; Failure of Payment 4,' 15.1.6 - 9.5.1.3, 9.'7, 13:6, 14 1, �3,;14.1.3,14:21:2, IS`.1.4 , nages for Delay Faulty Work (S Defective or Nonconforming V4r). 8.3.3, 9.5.1.6, 9.7 0,3.2;.15.1.5 Final Com%eitton a>td }final Payment mate of Commenceme the 'Woilc, Definition'afF 4.2 1., 4;0i $.2, 9:#0 11° 3-, 12 3, 15.2.1 of Subiaal on, Definition ofJ. attaicial Arrangements; Owner's Fq i Deful f GENERAL PROVISIONS' `r E' 13, 4.2.15, 42.16, Governing Law 13.1 x =1 . 3, 8 3.1, 9.2, 9.4, 9S, Guarantees (See Warranty and Wanwities)- ` 8, . 4 142A 15.1,152 Hazardous Materials D f _ anager 10.2 4,1: Iclel h eat on of Contract Documents on 11..,..: identification of Subcontractors atat+li Suppiters * x ti#ie Acceptance, 5.2.1 <. Indemnification M.'2 3, 2;, 3r5, sµ 6, 9,8 2, 9,3; 3.18; 9.10:2, 10.3.3, 10.3 5; 10:3.6,11 31, `11.3.7 10.4 12.2-4 I Information and Services Requ r t of the Owner 2.1.2, 2.2, 4.2.6, 6.12, 6 2 ....4,+��1, 9.6 .4, 9.8; 99.1, 3.12:3, 4.1.1, 4.1.2, 12- 9.10.3, 10.3 2, 10.3 3, f l.1, 11.3.4, 13:5.1,13.5.2, 7 2, 73.1, S: i, 9 1:.1 14.1.1.4, 14 1 3, 51.2 Delay s and Eztt lr3ians o gfXfine Initial Decill :. 32, 3.4, 5.2 3,, 8.3, 9.5.1,.9.7, 10.3.2, , 15.2 I&It 14.3.2, i 3 Initial Decision Maker, Definition of lutes 1.1.8 .:. - 7 3 8, 3 9, 9.Sr1a; Initial Decision Maker; Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5 3 2.d,..I.1, 6.3, 7,3;; 9.3.3,15, 15:4 Injury or Damage to Person or Property ,Ddcti Tents Gild Samples at the Site N. 3.18.1, 10.2.1, 10.2.2,10.2.8, 10.3, 10.3.3, 10.4, TIE. 34 erawings,iinitio% Inspections 3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5 DrAWiSigs abd Specifications, Ownership and Use Instructions to Bidders I.I I 1.5, 2.2.5, 3.11, 5.3 �;°.,Iputy to Review Contract Documents and Ficld Instructions to the Contractor 4 Ytonditions 3.1.4. 3.3.3, 3.7.1, 4.2.4, 5.2.1, 7, 8.2.2, 12 1, 13.5.2 3-2 Instruments of Service, Definition of W,-- fTective Date of Insurance 1.1.7, 1.5, 1.6 8.2.2, 11.1.2 Insurance Emergencies 6.1.1, 7.3.7, 8.2.2, 9.3.2, 9.8.4, 4 9 1,1.10:2, 10.2.5, 10 4, 1.1 1.2, 15 1 4 11 u �rl l ees, Cot ctor, s Insurance, Boiler and M cAmery 3� 4319.' 39 �t ,;,.315:1 3.18.2 4.2.3 4.2.6 11.3.2 I.l 1 11=:3.7, 14.1 14.2.1.1 Insurance° Coatractor's Liability "Equipment,) abor, Materials and or 11.1 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, Insurance; Effective Date of 3.13.1, 3.15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 8.2.2, 11.1.2 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.2 AIA Document A232TM — 2009 (formerly A20i ■"CMa—1992). Copyright'Q 1992 and 2009 by The American Institute of Architects. AN right reserved. Inrt WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 5 AIA° Document, or any portion of it, may result In severe civil and criintnat penalties; and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this documant.:To report copyright violations of AIA contract. Documents, e-mail The American Institute of Architects` legal counsel, copydght@aia.org. F Insurance, Loss of Use - , �, �;�� 1�eans, lY1�i��;' i�� u��, ��u�n}l and , 11.3.3 , E ' pt6d dtices of Co119,a 1, ; Y Insurance, 0"W'11er's !.A, � x 31� 1 lq� 4,2 11.2s i..ien a Property 2.1 2, }5 2.8 x � i Stored Materials 3 1. �2.1 1 I _... �- ttaflrLAO''' >�t, E ANly 13" 11r2]t 4.2:13� nsurance Co1T}13a�1l , aA y 5 4' rM K i - � �. S � �' i -+ J C ie$, a 1 i t O tof c elz,J 0101a.f;},i:1:2,3.iI,41 pr3 s Lam end 1e s Notices, Petrni,Pees and s f F 3 21, .3.E 4A, 3 10.2.3, i 3.$.1, 14.2:1 3:7, T 3'7, 10:2.2 .� rr . , - h,bt�' ` ' � Observations, On -Site �112,91.J,9; ,1528 3.2.1;9.5.1112.1.1 iainit tljtan tton or Joinder < Occupancy 15 4 `` - K. 22.2; 9.6.6, 99, 11.3.1.5 =5 r LbrAons, On -Site Inspections .4.2.2,9.10.1,9.4.4,9.5.1 LimitQiis ol�ht Orders, Written 3.121, 4.1.3;-�' 2.16 ,, 4.2.7,. 4.2..18, 4.2.20 fr' Lirntons of Liability Other Contracts and Contractors 9.6., 1.i.4;3;i4.2,4.2.9,6, 11.3.7,•12.1:2 LintiWions of Time OWNER 3.10.1, 4.2.17, 4.220, 8.2.1, 9.3.3, 9:G.1; 9.8.4, 9:10,2, 2 10.2,11.1.3,12.1.1,122.2.2,12.2.5, 13.7, :14.1.1 152.61 Owner, Definition of _ Loss of Use Insurance 11<3.3 Owner, Information and Services 4equfred of the Material Suppliers 2.1.2, 2.2, 4.2, 6.12, 6.1.3, 6 2 5,.9 3 2,9. 6.1, 964 s � 1.5.1, 1 5 2 3.1 4,2.6, 4.2:$, 9 3t 3 ] 2, 9.3.3, 9.9.2, 9.10.2, 10.3.3, 11 2.1� 11.3; 13 5.1, 13.5.2, a 95.3,96 9.6.7,9105,11,31 14.1.1,14.1.3,15.13 AtIlfis, ons Owner's Authority_ 10.2,1i1.3 1.5, 2.1.1, 2 3, 2 4, 3.4.Z, 3.12.10, 3.14.2, 4.1.2, 4.1.3, Nlatiduls, 4m. ment and 4.2.8, 4 2 9 5.2:1=, 5 2 4, 5.4.1, 6.1, 6.3,1.2, 7.3.1, 1.1.3,1.1.6; T`:5: ; 1.5.2, 3.4, 3.5, 3.8.2, 3:8.3, 3.122, 82.2, 9.3.1, 9.3.2, 9.5.1, 9,6.4,9 1, 9.a`0.2, 10:3:2, 3,12.3, 3.12.6, 3.12.10, 3.111, 5.2.1, &.2.,1, 9.3,.1, 11.3.3, 11.3.10, 12.2.2.1, 123, 115.2, 14.2, 14.3.1, 9.3.2, 9.3.3, 9.5.1, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.1062, 14.4, 15.2.7 9.10.5,10.2.1, 10.2.4,10.3 Init. AIA Document A232T" — 2008 (formerly AZO 1 "'t:Nta : f"2):'Copyright92 and 24109 by The American lnstit+�te of Afep88fgtt.rights reserved. WARNING: This AIA® Document 1s protected by U.S. Copyright Law andt. i mationat treaties. Unauthorized, naproducMn or distribution of this. AIA® Document, or any portion of It, may result In severe civil and crim1nai;penabties, and will be prosecuted to the rrwximum extant possible i under the law. Purchasers are not permitlad to reproduce this document To ieepdrt copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Owner's Financial Capability Product Data, Definition of 2.11, 13.2.2, 14.1.1 3.12.2 Owner's Liability Insurance Product Data and• Samples; Shop Drawings 11.2 3.11, 3.12, 4.2.9i 4.2,110i 4.2.14 Owner's Relationship with Subcontractors Progress and Completion 8.2, 9.3.1, 9.4.2, 9.6, 9.8, 9.10, 14.2;4, 15.1.6 . ite ' ht to Carry Out'the Work ' Progress Payt acts' 9.3.1, 9.4.2, %6 _ i Right to Clean Up Project, Defini#krnol` 2.15; 7.33 V} 30 ;PPslymient, Failu ~e it 0A.1, 9 S, 9.7 4-1 ;.Payment, �irtal ' , 4.2.1, 98.2, 9� 1.1.4 Construction with-Owo Project Representatives er Contracts 4.2 16 Property Insurance ork l0 2.5,11.3 Project Schedule e. Work 3.10.1, 3.10.3, 3.16.42 4.2.2; 4.2.3, 4:2.4. PROTECTION OF PERSONS ANI)TROPERTY ontract 10 Regulations and Isa*s; s; Specifitcatwas `. 1.5, 3.2.3, 3.6, 3.7, 3:12.10,'3.13, 4:1..1, 9 6 4 9.9.1, kt 101.2, 1 L.1, 11.4, 13.1, 13.4; 13.5.1, 13.5 2,` 1.16, 10, 3.17, 4.2.14, 14.1 1,14 2 1. 15.2.8. 15.4 Reject dfi;of Work 3.5, 4.2.8;12.2.1 Releases of and Waivers and of liens s � 9.10.2 Representations s - 1.3,2.2.1,3.5,3.12,6.2.2,8.2.1,9.3.3,94' 9.5:1, x 9.8.2, 9.10.1 Representatives 9A, 9.5,.9.7, 2.1.1, 3.1.1, 3.9, 4.-.!.J `,.1,4.2.2, 4.2.10, 5.1.1; ' 5.1.2, 13.2 1 Requests fox %&11nation NOW9.6.6,9.7,9.10.1, 4.2.20 .F- Resolution of Claims and Disputes 15 Responsibility for Those Performing the Work x 3.3.2, 3.7.3, 3.12.9, 3.18, 4.2.2, 4.2.5, 4.2.8, 5.32 6.1.2, 11 .1, 11.3.5, 12.39 15.2.1 6.2, 6.3, 9.5.1, 9.8.2, 10 lance Bond and Retainage 9.10.3, 11, 1 1A 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3. Review of Contract Documents and Field l-_ 9:3.1,9.4.2, 9.6 Conditions by Contractor ' PAYMENTS AND COMPLETION 1.2.2, 3.2, 3.7.3, 3.12.7 9, 14 = Review of Contractor's Submittals by Owner, a;:Payments to Subcontractors Construction Manager and Architect '-`5.4.2,9.3,9.5.1.3,9.5.3,9.6.2,9.6.3,9.6.4,967, 3.10.1,3.10.2,3.11,3.12,4.2,5:2,5.2,92,98.2. l- 9:10.5, 14.2.1.2 Review of Shop Drawings, Product Data andtitples `PC-B - by Contractor 10.3.1 3.12.5 Performance, Bond and Payment Bond Rights and Remedies ' 411, 737 �i�5 10.3 19.102,911;1 .4 1.1.2 2.3;2.4 3.74 315�2O42i1 5.3,5.4 ,6.16.3 .. t' ticeF iiance with Laws 7.3.1, 8.3, 9.5.1, Q 7,113.2 3;10.3, 12:2.2, 2 2d 101 12.2.4, 13.4, 14,1541 )EIi S ROPERTY, PROTECTION OF Royalties, Patients and Copyrights ,1.0 3.17 Polychlorinated Biphenyl Rules and Notices for Arbitration 10.3.1 15.4 AIA Document A23270 2009 (formerly A201 T"CMa-1992). Copyright 01992 and 2009 by The American Institute of Architects, All rights reserved. Init. WARNING: This Al a Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 7 Al a Document, or any portion of 1% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchaser: are not permitted to reproduce this document: To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. D Superintendent - 1� .9, 1 3 D.2:6 n4 Salnples Supervision and Consftui n Procedures ' - 4 '3: 1. 2.2, 3- , 3.4; 311, 1414j+4 44 4 5� x.. {9.4.3:1Qj 2, 14, 15.1,3 F . :1.2, 9.8:5; 9.10.2, 9.10.3, 1�42.2, J&2:7 e .Y D Surety, Consent of 911.0.2, 9.10.3 13.4 , 4 2, 4 9.113.1, 13 S : r. Surveys __ K spec'pe 1.1.7, 2:2.3 144 4.2.$, 12.23 Suspension by the. Owner fp» e7 iienee Speolr3tiis, i >tout�p 14.3 Suspension of the Work Si�er►s 5.4.2, 14.3 Y 3.17, 4:2.14 >-. Suspension or TeFfn nation,of the Contm t `:Star an 5.4.1.1, 14 Taws >Statute4 L,lariitailt>lfs 3.6, 3.8.2..1, 7.3.7.4 Y 12 2 ' Termination by .the Contractor 14.1, 15.1.6 Termination by the Owner for Cause Stor�da1s 5.4.1.1,14.2, i 5,1.6 6 2 1, �„ 2 40*2.4, Termination by the Owner for Convenience -Subcontrsl r ,""ifefirI of 14.4 5.1.1 Termination of the Contractor SUBCONTRACTORS 14.2.2 5 TERMINATION OR SUSPENSION OF THE Subcontractors, Work by. CONTRACT s=` 1.2.2,3.3.2,3.12.1,4.2.5,5.2.3,5.3,5.4,9.3.12,967 14 ubcontractual Relations Tests and haspections 9.3.1.2, 9.6.2, 9.6.3, 9.10, 10.2.1, 14,1, W.I.3.1.4, 3.3.3, 4.2.2, 4.2.6, 4.2.8, 9.4.3.3 . 3, 9.2, Submittals 9.10.1, 10.3.2, 12.2.1, 13.5 323,3.10,311,3.12,429,421 tZ 4,5:2.1, TIME 2 i�'3, 9.8, 9 9 1,'� ff; 9.10.3, 11:13 8 Subnn Time, Delays .aud_0"sl<nis, of 1.2.5, 42,914 .2 1D " ;.: 3.2.4, 3.7.4, 5*2 3� 7.2, 7 3.1, 7.4, 8.3, 9.5.1, 10.3.2, Subro on Ora very: of . 143.2, 15. $,. 5 .5 6.1.1, 1`1.3.7 Substantial Completion 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 AIA Document A232TM — 2009 (formerly A201lV CMa—1992). Copyright 6-1:092and2009 by The Amencan.inst'itute oof Architects All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal ,penalties, and will be prosecuted to the maximum extent possible 8 under the law. purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. TV a" AWL Yi V14aC{q,ll�E�--aµ�4yav� 9 lfl;s 13 4: 15 1;6 WaivbY �.tltner u 9,9.3,;1 10 3, 91��4;' 12 2 2 13.4.2, 14.2.4; 5.1.6 y . Widvy r of C"4pefltiau6ges 14.1--4, 15.1..6 Waiver -of l.iens " 9.10.2, 9.10.4- Waivers of°SA'A ti n Warratatty 3S, 4.2 15, 9.3.3,-9.8.4, 9.9.1, 9.10.4, 12.2:2, Weather Delays 15. L5.2 Work, Defi0ition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.42 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, 9.9.1,9.10.2,9.10.3,10.3.2,11.4.1,13.2,1342, 15.4..4.2 Written Interpretations 4.2.17, 4.2.18 2322.454232� 3.12 % 3 j. 1:0, .5.2.1, 5,3, SA. 1.1, 8.2.2, 94s 96�1,:f)7,`9 1Q:10.2.2, 103, 11.1,3, 12.2.2, 12.2.42134-52, 14 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 Init. AIA Document A2321— 2009 (formerly A201 "'CMa- •1"2). Copyright 01992 and 2009 by The American Institute of Architects All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright taw and International Treaties: Uhatlthori ed reproduction or distribution of this 9 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosec'uted to the maximum extent possible f under the law. Purchasers are not permitted to reproduce this document To report copyright violations of AIA Contrail Documents, e-mall The American Institute of Architects' legal counsel, copyright@aia.org. ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § CIA The Contract Documents.: The Contract Documents are equmerated in the Agreement between the Owner and �NC PAWtOr (hereinafter the Agreement), and consist of the Agreement, Conditions of the Contract {General, � nary and other Conditions), Drawings, Spectficatibns, Addenda. issued prior to execntionof the Contract, x ` ; i w rents listed in the Agreement anal Madiftcations issued after execution of the Contract A lodifieation is ` ( a wntten amendment tothe Contract signed by both patties, (2) a Change Qrder, (3) a;Construction Change or (4) a written order fiir a minor change in the'Work issued by the Architect Unless specifically ted in the Agreement the Contract Doetments do not include the-adv'br invitation to:bid, "L ns>rilctions to Biddersplc forms, other information furnished by the Qwrier, anticifiation of receiving. bids or . ` , sals, theantrac bid'or proposal, or portions of addenda rela$n to ladg uiienents). .2 The .; ntegn t 'r wrtp �:x z notr 4 :y U . r o t �. A 1 V�y O �: ct. tract Documents form the Contract for Construction. The Contraetrep�es$n#s.me ee fbe parties bmto anti smpe * 'des prior negotiations; representations oi• agreemeft tantr�ict may be amended or modified only by' a. Modification:: The Contract Docuinonta: e contractual relationship of any kind (1) between the Contractor and -the Architect Br `o tween the Owner and the Construction Manager or. tie Construction Manaaws j er and the Architect or the Architect's coustiltants, (d). betweee the Contractor and' o Construction Manager's consultants, (S) between the bwner and a ,Slibcontraclor or e Construction Manager and the Architect, or{7)betw i any'persons`or entities r actor. The Construction Manager and Architect shall, however, be entitled to m o bligations under the Contract intendW to facilitate performance"of their duties. .` means the construction aril services required by the Contract Documents, whether p c and includes all okfier labor, materials, equipment atl$`services provided or tics z fill. the ContracW.A obligations. The Work may constitute the whole or,a pact cif #be ije f, iiey the total construction of which the Work performed utttler the,Contract Documeits Tole Qr which may include construction by other Multiple Pram frbiftractors and by the far�i g persons or entities under separate contracts not adlisred by the Construction w anager- fit ,1.11 the Drawirt9g..7be Drawings are the graphic and pictorial portions of the Contract Documents showing the signjocation and dimensions of the Work, generally including plans, elevations, sections, details, schedules and ;diagrams. - '1 -,6 The 8150040lions. The Specifications are that portion of the Contract Documents consisting of the written "regtuireineats for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.1.71nstruments 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 17 consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, speeafications, and other similar materials. 1.1.8 Initial Decision Maker. The Initial Decision maker is the person Identified in the Agreement to render -inrtiak-. decisions on Claims in accordance with Section 1.5.Z and certify termination of the Agreement under SectWin-14:2 2. § 12 Correlation and Intent of the Ca.ntraA Documents 12l a liftnt of the Contract Devi ments is to include all items necessary for the propel execution and completion Icaftiu l 40 t Con ractdf The Contract Documents are complementary, and wJk 6quired by one shall be as as ifs ` ed"b: all erformance b the Contractor.shall be re ` ; p y quired only the extent consistent with the Contratt Doeun >jts and reasonably inferable from them as being necessary to.Pr t net the indicated results. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing. the extent of Work to be performed by any trade. AIA Document A232T1' — 2009 (formerly A201 T"CMa—1992). Copyright ®1992 and.2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA* Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this L) Ate Document, or any portion of It, may result in severe civil and ceirhinal penalties, and will be prosecuted to the maximum extent possible / under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents; e-mail The American Institute ofArchdects' legal counsel, copyright@aia.org. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3-Opp alization t Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered ` articles or-(3) the titles of other documents published by the American Institute of Architects. § �4liiterpretation # merest of brevity the Contract Documents frequently omit modifying words sudhts "all" and "any" and { articles such as "the" and "an," but the fact that a modifier or an article is absea froth one statement and appears in "4 " mother is not intended t04ffect the interpretation of either statement x .. r..1 Owner$lrf rid Use rawings,.Specifications and Other h tru Tents of Service �O ,1.5.1 The;14*itect afid Architect's consultants shall be deemed the -authors and owners of their respective . r'istrumenti bftt+rvic, tCiding the Drawings and Specifications; and will retain all common law, statutory and other itsetclo ghts.'Lne Contractor, Subcontractors, sub -subcontractors, and material or equipment rmd#&s-A ` ffit jalte>1 I1 tact tltrr c copyright in the Instruments af.Service. Submittal or distribution to meet offit ,a cial ' .reglilattf�urreit or'iiter purposes in connection with this Project is not to be construed as publication in deogattothe A`#titect; Orchitect's consultants' reserved rights. § T C€�Ittr or, Su# Tractors, Sub -subcontractors, and material::- r equipment suppliers are authorized to use an7Fz�du'Ints ee provided to them sa1e1¥ arrd exclusively for execution of the. Work. All Co�mada Y�er, shall bear the copyright ribtice; if any, shown on the Last uments of Service The Cotcs,; ? bcontractors, and material-.ar equipment suppliers may not use the Instruments of S€mice on hects or to this Pr€aLect giltside the scope of the Work without the specific writte�p -consent of thener, Aliiteet and the Architect's to 1.6 TrMoMissip.tt of Data in I�tgitaifoltll If the p�s inlii4ifto tran'sa t Itis44nients of Service or any other information or documental 4rt in.digital form, they shall.t tilts r to esl clash>n ssary.protocols governing such transmissions, unless ati►ertvrse already provided in the Agreenwig fir the 0010act Documents. #RLE , Ol 11 0 - § 1 GeWal i 1.1 Thf—Owner is 1Je person or entity identified as such in the Agreement and is referred to throughout the Contract Documentf.if singular in number. The Owner shall designate in writing a representative who shall have express authority to:,, the•Ot er with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Article 4, the Construction Manager and the Architect do not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necesWy and. relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 Information and Services Required of the Owner 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the. Garitract Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require, 2 achange in the Work materially changes the Contract spiry ,br(3) the Contractoridentifies in writing a reasonable concern regarding the Owner's ability to make paymentwhen due. The Owner shall furnish such evidence as a condition precedent to commencement or contatuation of the Work or the portion. of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent Init.AIA Document A232"' — 2009 (formerly A201 TMCMa—1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay, 6f the building permit. 2.2.3 The Owner shall furnish surveys describing,physical characteristics, legal limitations.and utility locations for a to sktst lie Froject, and a legal descript%an of the site. The Contractor shall be entitled to rely on the abcuracyof furnished by the Owner brit. shall exercise pro orproemaions relating to the safe peKormance f the r 3 he Owner shall furnish information or services required of the Owner by the C()ntracf ])=. 06ow.with r ble promptness. The :G}wner-shall also fit is myether i9on"i6h or Vices ?1:60 ar the Owtiers control and relevant to the Contract s perfar>aaeee ptnesss alder re ctrivitag the. Contractor. s en reques xt.for suc ormation or serve .5 Unle rw' ided ui thee.000 f tt�ei*. Ilf fee � l tsh-tvi the Ct ntr t r one; copy bf ontra,, purposes of m464. a p �to:Sectao>:i . ,. . r6 r. e to fcrvvard.xll, ttnicaons:to the Contractor' tlttvtgh the Construction Matiager ,. h p vtc3e the Qtne tommtmicationi to the Areht :about utters atxsirig out ()for - .f = Tft ac s; Woricthat is'not in accordance with the irements of.the Contract Documents as rWA(by cagy bt�txslc to acrdance vtrith the Contract Documents, the .Owrttyr y fails io i�uee for tti stop >lheVarkrsr agy pion: theof, uittt l rthte:cause for stick order has ,ll of the Ovller t st'4rk shall not giz+e zse sip :a duty -on the part of the t ier to t , w e benefit of the Co ntxactor or any other person or entity; ekcept to the iextdla requi�y sec. '6 s 2.�#9hl a YQCk `3f etas k xo carry out the Work inaccordance with the: Contract I3tinicnts and fails. '£ w>ay p r`ceipt of written notice from the :Owner to camsrtence► odittnue correction Of such defer It or neglect.**:.?_?' nce and promptness, the Owner may, without prejtzdtce tc► ottterrert3edies the Owner may have, correct such defcieatet In such case an appropriate Change Order shall 'late°issued deducting from payments then or thereafter dt�ettactor the reasonable cost of correcting such deficiencies, including Owner's expenses .04 l m . and compexsation. struction Manager's and Architect's and their respective consultants' additional :services ode rteceary hy6efauIt, neglect or failure. Such action by the Owner and amounts charged to the Contractor are botf proval of the Architect, after consultation with the Construction Manager. If payments then or thereafter Miler are not sufficient to cover such amounts, the Contractor shall pay the difference to the R, Owner. ARTIO . 3. CONTRA�TOR 31.1-The Contractor is the person or Entity identified as such in the Agreement and is referred to throughout the Contract Dootivients as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction wherethe Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative r' 3.1.2 The plural term "Multiple Prime Contractors `refers to persons or entities who perform consttuctiW' der contracts with the Owner that are adiniritsteretl b the Construction Manager. The term dries not ipOWd the Owner's own forces, including persons or entities under separate contracts not administered by the Construction Manager. h. 3<1. tertractor shall peffcrm the Work in accordance with the Contract DocttnIents '§ 3.1.4 The Contractor shall not be relieved of obligations to perform the Wb ut accordance with the Contract Documents either by activities or duties of the Construction Manager or Arcl iiect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than they Contractor. AIA Document A232TM - 2009 (formerly A201 TMCMa—1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and intemationat Treaties. Unauthorized reproduction or distribution of this 2 Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract -Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representationthatthe 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. .50 t $eause the Contract Documents are complementary, the Contractor shall, before starting each portion of the e -carefully study and compare the various Contract Documents relative to that portion of:the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements ,af ally existing f� es related to that portion of the Work, and shall observe any conditions at the site af%cting it. These ions are for the purpose,of facilitating coordinatioiY and construction bytheCorittnctor and aite'not for the purp6se of discovering errors, omissions or inconsistencies in the ContractL-Dotu&6fitsm however, the. Cbtitmetor'shail ' "ypromptly report to the Cnstruction Manager and Architect any errors, iicotisistencies or omissions discovered by or =' 'tiazrlade known to the C etor as a request for information submitted dike Construction Manager in sueh"form as'the Akc�structiol"t mllnage a?lrcliitect may require. It is reoogi and that the Contractor's review is intide hil the z-F actor. 'ci infractor and not as a licensed; -de iiigniprofessional, unless otherwise speoifically provided All ow_r 3 `I1 t ra o hired to ascertain that the Contract Documents:are in accordance with applicable bws, 9 tM. !inc es and regulations, or lawful orders ofpuMic authorities, but the Contractor- shall mpt rttere n Manager and Architect any nonconformity discovered by or made`known to the h4orf'at tits a blest 5 ation submitted to Construction Manager in such form as the Construction, s and Amhitect"m regiiire, f 2 14f the Contra?ptor behey at additional cost or time is involved because of -clarifications or instructions the Aec as i;tseV Y Contractor's notices itr rt� for information pursuant to Sections 3.2.2 or 3 2.3, Oj4ZO r ,: as provided in Artiole :I5 If the Contractor fails #o perform "the obligations of {. t r.. Sections 3.2.2 or.3'tht..Cigsitractor shall pay such costs and damages to the Owner as would have been a3mided if the Coa itr. Ctor had perftirpil d such obligations.. If the Contractor performs those obligations, the Contractor shall not be liable tti the O� or Arcliii t. ftsr damages resulting from errors, inconsistencies or omiSstosns im the Contract Dotter for r>tiie> eel}: field measurements or conditions and the Contract ocuinent$; or for noncom 7,es"oftlze" f Documents to applicable laws, statutes, ordinances, es, Hiles and regulations; and `4 htWfb1 ordia of*Hc ai cities. 3 iSLipervisrorl and Con4h0ion Procedures § 13. -The Cow sltali -supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall b� responsible for, and have control over, construction means, methods, techniques, sequences acid praceduires aAO for coordinating all portions of the Work under the Contract, unless the Contract Documents give other spe6fie ink con erring these matters. If the Contract Documents give specific instructions concerning 00nsti stton meatie,; iiethods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety theretsfand, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, technagsues; sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedilittss rriay not le`safe, the Contractor shall give timely written notice to the Owner, the Construction Manager, and the Architect and shall not proceed with that portion of the Work without further written instructions from the Architect, through the Construction Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner ;'::shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. .3.2 The Contractor shall be responsible. to the Owner for acts and omissions of the Contractor's emplo Subcontractors and their agents and employees, and other persons performing portions of the Work for, or'on behalf of, the Contractor or any of its Suboontrattors. §3.3.3 the Ctsntractor shall; tic responsible for inspection of portions of the Project alt13� performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other Init AIA Document A232TM — 2009 (formerly A201 TMCMa—1992). Copyright* 1992 and 2009 by The American Institute of Architects. All right; reserved. WARNING: This Ale Document is protected by U.S. Copyright taw and international Treaties. Unauthorized reproduction or distribution of this 13 AWD Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, eopyright@aia.org. facilities and services necessary for proper exertiti9n d',sQrnpletioz� t tkte'V ork,,vctlte cr ten rat�y:or pe -anent; j�h 4,Warran ontta arr Owtrelr, Ctatstxuotion Mage, #tteet that nt;ll tandquiptt furnilied OR r the 0 t good: quality anti i'ievt<.unless:thc C�,I)rJcuinetttlr 1t drI7erwise, The tracto Coa#a Iieits Ltd will lac ;fro , e r se inherent in the Ii '' of the Work the Contract Doaurn its .i uire nr qua ty ecf Perms elafo-tta these recltjlneatrtiay be conmd cYefectli �_Cf7ntat be"s ;` y cl?ect caussd by'ttbttse,Ittati�lns to tla Wt ettxd l the . I'`= nt"tttaitttence, am er Or nolrnai ,eat;Aa tealtatenal It Y prop e ,.. Er or itect,..the Contractor smell ftirttislt 'satjfac"ry evidehm as to the kind� << 4_- r x an 0 1ptlttetit. die Co s sa T sumer;:p and si�tWtes for the Work or portions f iaeo provided by tie s Vontraetbr- at I when bids are received negotiations concluded, whpthe�r arxOt yet effestty� �t " terel}( hedu) ct. § 3.7 f'ecrdrit1�s,fm LaQ0 with �Lalrrs" - § 3.7.1. UIT' �s s in the Contract .locuments, the Owner, through the Construct 'Manager,..shall . seear r permit. The Coiaatfaetor shall secure and.pay far other tsexlits, fees, licettses.and is insPeettpta enctes necessary for proper execution and comp"..,pf the Work :thm are customarily secured alder ex ution of tl ontract and legally required at the time bids are reived or negotiations concluded. lt2 The ` omply with and give noticesrequired by applicable laws,,statutes, ordinances, codes,. ties apd re ula�ss tthYt lawful onsets of public authorities applicable to performance :ofthe Work.. runs Work knowing it to be contrary to applicable lams, statutes, orditices, codes, rules and re l tioii J ) orders of public authoritiesy the Contractor shall assume appropriate responsibility for such Y,: Wer-k d ill, bear the costs 'attributable to correction. §,4 Cortt3h[) or unknown Conditions. If the Contractor encounters .conditions. at the site that are t1) subsurface or b#er�*e concealed physical conditions that differ materially ,torn those indicated in the Contract Documents or (2) unknown xysical conditions of an unusual nature that differ materially from those ordinarily bund to exist.and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the t Contractor shall promptly provide notice to the Owner, Constntetion Manager, and the Architect before eondit�ions are :disturbed and in no event later than 21 days after first 0 di't�ance of the conditions. The Architect and Constrwct san � t Manager will promptly investigate such condittona and, at`the Architect, in consultation with the Construction, Manager, determines that they differ materially, ancfbatise an increase or decrease in the Contractor's cost oi, »r tune required for, performance of any pan of.; the Work;.wili reeanunend an -equitable adtasttaxe it rn the contract Sum or Contract Time, or both. If the Architect, ula consultation with the Construction Manager, det�that the conditions at the site are ii6t:inatenall different f om those indicated in the Contract Documents aiad.thatno char a in the terms. <n Y g t of theC.pnt#aet justified tlae Architect sliall promptly.notify thie Owner, Construchtkla l ager, and: Contractor in writing, stating"tie reasons. If the Owner or Contractor disputes the Architects determiiiation or reeornmendation, either.party may, proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the .exiswrice.of burial . markers, archaeological sites or wetlands not .indicated in the Contract Documents, the Contractor shill immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. AIA Document A232TM — 2009 (formerly A201 TMGfrla—1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. Init WARNING: This AIA® Document is protected by U.S. Copyright Law,and International Treaties. Unauthorized reproduction or distribution of this AI.A® Document, or any portion of it, may result in severe civil and crimiaai,-penalties, and will be •prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. to report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be provided in Article 15. nces e Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items 'by allowances shall be supplied for such amounts and by such persons or entities as the Owner maydirect, Contractor shall not be required to employ persons -or entities to whom the Corifractor has reasonable Objection. $.2 Unles erwi ided in the Contftet Documents {` .1 low all cover the cost to the Contraotor'oi~matertals. and equipment delivered at the site and:all. ui less applicable trade discounts, Z s' � .. n costs for unloading and handling at the site, labor, installation costs, overhead, profit and +i. a ritemplated for stated allowance amounts shall be included in .the Contract Sum bit not 1 and Jft e more than or less than allowances, the Contract Sum shall be adjusted accordingly v The amount of the Change Order shall reflect (1) the difference between actual costs Ores under Section 3.9.2.1 and (2) changes, in Contractor's costs under Section 3.8.2.2. f _ tder an allowance shall be selected by the Owner with reasonable 0.1by a competent sugcnt>tendent and necessary assistants who shall be in attendance=at ice of the Work = -11 superintendent shalt represent the Contractor, and trintendeht shall be as binding as if given to the .Contractor. practicable after award of the Contract, shall.:furntsh in wrg to the Owner and Lion Manager, the name and qualifications of a proppse;upertntendent. The ly within 14 days to the Contractor in writing statuig;t`I whether the Owner, the Lrchitect has reasonable objection to the prop superintendent or (2) that any of review. Failure of the Construction Manager to reply within the 14 day period shall ile objection. employ a proposed superintendent to whom the Owner, Construction Manager or ind timely objection. The Contractor shall :not change the superintendent without the . of unreasonably be withheld or delayed. Schedules ly after being awarded the Contract, shall prepare and submit for the Owner's and _-_ _____ _ ____ _____ ___ -__ Construction Manager's approval a Contractor's construction schedule for the Work; -- The scheduleall 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 schedule to the extent required by the Contract Documents, and shall prov..ido,, for expeditious and practicable execution of the Work.. The Contractor shall cooperate with the Construction Math in scheduling and performing the Contractor's Work to avoid conflict with, and as to cause no delay in'. -the:. wor-k or activities of other Multiple Prime Contractors or the :construction or operations of the Owner's own forces. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Co_ntmct and thereafter s update} tt "'necessary to maintain a > irrent submittal schedule, and shall submit the schedules) for the Construction lv w"—W- a� AchitectN, approval. The Architect and Construction Manager's agp�ro�val shall not unreasonably be delayed r3r d The. submittal schedule shall (1) be coordinated with the-Cdhttactor's construction schedule, and () alldw th st mction Manager and Architect reasonable time to revs i ut ittals. If the Contractor fails to zLr submit a su'limiltal schedule, the Contractor shall not be entitled to any inctaaase in Contract Sum or extension of Contract Time based on the time required for review of submittals. AIA Document A232TM — 2009 (formerly A201TMCMa—1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 15 AiA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the taw. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 3.10.3 The Contractor shall participate with other.Centractor s, :tile Construction. Manager anti Owner in �reviex�ir}g - and coordinating all schedules for incorporation into the Project schedule that is'prepared by the Construction Manager. The Contractor shall make revisions to the corlstti; ction schedule and submittal schedule as deerlyed necessary -by the Construction Manager to conform to the Project schedule. u 1 q a Contractor shall perform the Work in general accordance with the most recent schedules submitted to �e ' ynstruction Manager and Architect and inc#rporated into the approved Project schedulepiL �cuments and Samples at•the Slte- � ,� " t " ntractor sllatl maintain at tiie site:for the 4�vixer t tr aopy of the-prawmgs; pest 'cations, Adde la, t ders and other Modi at oms, in good order and marked currently to indtcateiie4changes and selections Mach g constrtion, a copy isf approved Shop Drawings, Product Data, Maniples and similar required ittals T d .: " shall be ova%table to the Archness and tl. ; Arered tw he Ganstritetion Manager.for ' nal to wn Completion •o f the Wtiilc as a.i-�f the Work as constructed: r Sh ng act Dataand.Satnpt�s t .1 vv , dlagrams,,schedules;and other data specially pMared-for the Work by the ct b-subcontractor, manufacturer, supplier or distributor to illustrate some portion of 'k- f 3 u. F , ._r tons, standard schedules .performance chess, instructions, brochures, diagrams. and. otl r d the Contractor to illustrate materials or eqtiij rnent for some portion of the Work. 1, h pies that illustrate materials, eildfpment or workmanship and establish standards by . 10 a t§ 1 op .n Data, Samples ild similaz submittals are not Contract latxcuineras Thy P rs tc► d ate the i the Gontrair tar proposes to conformi to the informataom givers and the design contep ;the l(w�t uts far those portions of the Work for which the Contract DL?Gii ri jitS require subr ev31ti�srF + Ord Construction Manager is sub*t to the llmitatto tsf setions 4.2.9 throb 11Sfc ► 1ibmittals upon which the Constrtiction Manager agdANhKeet are.not expected4q4akc :: res 7 identified in the Contract Documents. Submittals-t#- lift riot required by the Contact . Doc ut pt may, 'returnecl;l y the Construction Manager or Architect with ou3 action. § U2.5 The t#t shall review for compliance with the Contract Documents, approve and submit to the Construction lvlanageFop Drawings, Product Data, Samples and similar submittals required by the Contract Doculow nii€f ' with the Project submittal schedule approved by :the Construction Manager. and Architect, red Pro ect submittal schedule with reasonable rem tress. and in such se uenee as, or iri the �j P P q cause no delay. tn *ork or in the activities of other Multiple Prime Contractors or the Owner's own forces The Contrdctt+r shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data Samples and similar submittals with related documents. submitted by_other-Multiple Prime Contractors. §,,ZA-9i i3y submitting Shop Drawings, Product Data, Samples. and similar submittals, the Contractor represents to the Owner�Con ction Manager, and Architect, that theCantractor has (1) reviewed. and approved them, (2) determWed and :tf ified 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. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract .Documents. require sulz ttul and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has; been reviewed and approved by the Architect x ,„ '1 1 �: �rlc shall be in :accordance with approved .submittals except that the�_E or shall not be relieved.,o r spt� deviet'ion's from requirements of the Contract Documents by the �cl�iitect's approval of Shop VT 13rawgs,tct Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for AIA Document A2321" — 2009 (formerly A201 T"CMa—1992). Copyright 01992 and 2009 by The American I.nstitute.of Architects, All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this . S AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted toreproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, S=pl41•or similar submittals, to revisions other than those requested by the Construction Manager and Architect on preyip.gs-pbmittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply` to such�isions. "R.40 The Contractor shall not be required to provide professional services .that constitute the practice of ' cicture or engineering unless such -services are s cftcafl g g pe y:required by the q§#t*tDocumobts for a portion of the Work or unless the Contractor .needs to provide such services in order to oa+.out the Contractor's responsibilities 1`c omtruction means ftthods, techniques, sequences and proced)uri. et" contractor $hall not'be.required to A de prof61Ssional s in violation of applicable, law If prof�iotl<al design services or. cert cations by a elegn professipnal re systems, materials or equipment specifically required of the Contractor by the Contract DO b ents,- er and the Architect will specify all performance and design criteria that -such services must saUsf3 Co * shall cause -such services or certifications tobe provided by a properly licensed design .. . s prssio,ose ' Ord<seal shall appear on all drawings, calculations, specifications, certifications, Shop Draw by:such professional: Shop Drawings and other submittals related_to the Work designer fal y su essional; if prepared -by others, shall bear:such professional's written approval when sutimilllh eclM er and the Architect shall be entitled .to rely. upon the adequacy, accuracy and completes � r � tificautans;=4 a ovals rformed or rovided b such deli rofessionals, PPr 1?e P , y design P provgdedilie. alert have spt;cs'fied-ter the Contractor all pfitnance and deign criteria that such sere', must ifs appropriate fy t ttr4lits Section 3.i2..lfl, the.Arclutect will review, approve or take-other. aetimen sob ir> tta ftlu ited purpose of checkirig:B boitfcirmance with information given and the design concept expressed r -C .. Documents. The Contractor shall not be responsible for the adequacy of the F ' peforffiance and den pta cified in the Contract Documents. § 3.1 of Site § 3.1 :;1 Conti taEor eta nn optrations at the site to areas permitted by applicable laves; statutes, ordinances, codes, rufft and re ate ` Ili orders of public authorities and the Contract Documetrts�i ti shall not unreasonably encumber tht~. i with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with; and se ure the:approval of, the Construction Manager befa4e usiiag any portion of the site. § 3.14 Cutting and ltting § 3.14.1 The Contraoturojiall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together'proprly: All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the gritting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contracter�shall not damage or endanger a portion of the Work or fully or partially completed construction of the Ovtruer's own forces or of other Multiple Prime Contractors by cutting, patching,. or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction. by the Owner's owrl forces or by other Multiple Prime Contractors except with written consent of the Construction Manager, Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Multiple Prime Contractors or the Owner the Contractor's consent to nutting or otherwise altering the Work. § 3,15 Cleaning Up § 3.15.1 The Contractor shall keep the praffises and surrounding area free, from accumulation of waste materials or rubbish caused by operations under ifie. Contract. At completion of the Work the Contractor shall remove waste materials, rubbish, the Contraetor's to6ls, construction equipment, machinery and surplusmaterials from and about the Project § 115.2:Ifthe ntractor fails to clean up as provided in the Contract Doc" inents, the Owner, or Construction Manager with the Owner's approval, may do so and the Owner shall be er iatf6d to reimbursement from the Contractor. AIA Document A232"" — 2009 (formerly A201 TMCMa—1992). Copyright 01992.and 2009 by The American Institute of Architects. All rights reserved. Init.WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 17 AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 3.16 Access to Work The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. , : hies, Patents and Copyrights � , .� ctor shall pay all. raya)tios and;iicensrr fees. The:Contracfor shall defend=suits or claims for it€rirtgemeat of $ . and patent rights and shall hold the Owner, Construction Manager aril Architect harmless from loss 00 - account #hereof, but shall not be responsible for such defense or loss when;a particular design, processor product of a � _. .manufacturer or manufacturers is required by tlieContrect Dements ar whei-e tlte�copyright.vralatiiin�s�re ;red in Drawings, Specifications or other documents prepared by thevOwaer, Arcltitec t, or Construction anager. However, -if Contractor hasreason to believe that the. regWrW Hest t, process or product is an ngement of a co or a patent, the Contmctor shall be rbsponsibll; r such loss itnless such ittforinatiort is ptly fitr*ed to chitect through the Construction N .04gea 8 Inde €limas , 8. hCotactor shall. (v .1 T Ipermittedby law, r�ner, a " hilt, Construction vlhrta er's'and Architect:'. s oo ml % and agents and i xnpi2ay�ees of f > tiarlxagges, losses -and-expenses, mcludizi&bucoet lbuited to attorney s' fees, .. rforrrtance of the Work;-proa+idett that stteh:laiii, damage, loss or exiense is " b ess, disease or death, or to ii* y to -or }trait}+ (other than e xteiit caused:by the negligent "-or oiini$Oo s uft ,the Contractor, a Subc ctor, c,, ployed by them or. anyone for tose2tc�t y�ta3�:be4iable, regardless ofvhether or P r ense is caused in part by a party tart tnzutifteds hereunder. Such obligation shall not educe other rights or ob-h--ba svf indem that would otherwise eye st as to a r i etion3.1:$. 1$ gn elaitt�a �+ti son or entity tniderxtnified under this Section 3.I $ by an employee of the Contractor, a. b i tcto t x indireetl exi o . ed b them or anyone for whose acts the ma be liable, X y F Y Y Y Y y d ►n ecbort_3 i 8 shall ntat be limited b a limitation on amount or ' of tazrt es, " : _. y o 1 by_ or for the Contractor or a Subcontractor nosier workers' cori3pensation acis, �r dittallilcfit acts iYmployee benefit acts. A# 4 ARC4TEC7 AIAt✓ONSTRUCTION MANAGER � 41-�ett�t�al 4.1.1 `The .Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect irt:ihe Agee t hrtd ;ltyfiamd to throughout the Contract Documents as if singular in mnber. § 412!The Ownor11 retain a construction manager lawfully licensed to practice construction management or an entity#+fuHy practicing construction management in the jurisdiction where the Project is located. That person or entity is td i a$ #lie Construction Manager in the Agreement and is refers ed to throughout the Contract DocumenU—as if singular in number. § 4.1.a Dutiea, ,,rvsponsibilities and limitations. of authority of the Construction Manager. and Architect as set forth in the.ntract Documents shall not be restricted, modified or extended without en consent of the Owner, COIr'Ituction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. § +4,1.4 If the employment of the Construction Manager orArchitect is terminated, the Owner shall employ a stYicccessor gbh , ottstruction manager or architect as to whom the Contractor has no reasonable objection and whose st ..,. urldet the . Contract Documents shall be that of the Construction Manager or Architect, respectively. 4 2of the Co at s 't 4.2.1 The Construction 1vlariager and Architect will provide administration of the: Cont�raet as described in the Contract Documents —and. will be the Owner's representatives during construction until the date the Architect issues the final Certificate -f Payment. The Construction Manager and Architect wrl hst�us authority to act on behalf of file Owner only to the extent provided in the Contract Documents. § 4.2.2. The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to AIA Document A232"' — 2009 (formerly A201 TMCMa—1992). Copyright* 1992 and 2009 by The American Institute of Architects. Ali rights reserved. (nit WARNING: This AIA! Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this 1 AIA® Qocument, or any portion of it, may result in severe civil and criminal penalties; and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Wovk-oompleted, and report to the Owner and Construction Manager (1) known deviations from the Contract and from the most recent Project schedule prepared by the Construction Manager, and( defects and de'fzbts observed in the Work. q&. ,a4 9-&'the Constructio M hall d ta# m 1 1 n anager s prove e a s , g panto me ude one or more,representatives who shall be in ,te>tdance at the Project site whenever the Work.is being. performed. The Cons�Manager will determine in pnerai if the Work observed is being performed in accordance .with the Conttot Documents, will keep the Owner sonably informed o1� progress of the Work, and will report to the Owl and Architect (1) known deviations rein the Contact Dociffts and the most resent Project schedule.;.andif2) defects and deficiencies observed'in the 3:9.4 The St uc�nager will schedule and coordinate. the activities of the Contractor and other Multiple e Coiitt t## rs ir�.� IatiIp with the latest approved Project schedule. § d:WWnstittn r, except to the extent required by Section 4.2.4, and Architect will not:have control ,.over,;isX`e s cans, methods, techniques, sequences or procedures, or for the safety precautions andpi�s cti� the Work, since these are solely the Contractor's rights and responsibilities under the Confra�e ocumt s, e�ccep 'a provided in Section 3.3.1, and neither will be responsible for -the Contractor's failure to perform the. Work in -4900 ti a with the requirements of the CtDocuments. Neither the Construction Manager nfi#e e_eontrol over or charge of or responsible for acts or omissions of the oritracto,ibcoria#ors,.srr r agents or employoeS;o> of iany other persons or entities performing portions of the ;§:4.2:fi' G�tntnurtlCatisitatifq Conirack►dfnlniStcation. Except as otherwise provided era the Contract Documents or wJaft lit c nlillF mtisar a been specially authorized, the Owner and Contractor shall: etldeavor to communicate wifli each purser through flee Construction Manager, and shall contemporaneo I` ...,provide the same ca> ca ors to; t be At fleet about matters arising out of or relating to the Contmdt.Da ments. Communications by sad Atli the AiC t's,donsultants shall be through the Architect. Communications' by and with Subcontractors and ma-W- tl suppliers shall be. through the Contractor. Communications by and with other Multiple Prime Contractors shall twiftough the Cmistruption Manager and shall be contemporaneously provided to the Architect if those communications.:are-moot matters arising out of or related to the Contract Documents. Communications by and with the Owner's own forces shall be through the Owner. § 4:2.7 Th6C*nstrueti _Manager and Architect will review and certify all Applications for Payment by the Contractor, in'accordance with the provisions of Article 9. „§ 4.2.8 TheA&chitect and Construction Manager have authority to reject Work that does not conform to the Contract Documents and will notify each other about the rejection. The Construction Manager shall determine in general whether the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require additional inspection or testing of the Work in accordance., with Sections 13.5.2 and 13.5.3, upon written authorization of the Owner, whether or not such Work is fabricated, Installed or completed. The foregoing authority of the Construction Manager will be subject to the provisions of Sections 4.2.18 through 4.2.20 inclusive, with respe4tt;. interpretations and decisions of the Architect However, neither the Architect's nor the Construction Manager's'" authority to act under this Section 4.2 8 rror a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Const> action Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees;::4.0ther'persons performing any of the Work. 419 The Construction Manager will receive and promptly review for confoi3riance with the submittal requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings, Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and transmit to the Architect those recommended for approval. By submitting Shop Drawings, Product Data, Samples and similar AIA Document A232TM — 2009 (formerly A20f "'CMa—1992). Copyright ® -1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA! Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction orAlstribution of this 19 AIA• Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to.the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. . submittals; the Construction Manager represents to the<Owri6r and Architect that the Construction Manager has reviewed and recommended there for approval. The Construction Martagbr's actions will be taken in accordance with the Project submittal schedule approved by'the Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness ''while allowing: sufficient time to permit adequate: -review by the Architect. e Architect will review and approve or take other appm- priate action• upon the Contractor's submttals such swings, Product Data and Samples, but only for the limited purpose of checking for W'infflrinarrce with "` information given and the design concept expressed in the Contract Docurneats. The Arelrrtect'&"o.n will be taken once with the submittal's iedute npprovved by -the Architect or,; is t#ie absence of an approved submittal e, with reasonable prompirress while allowing sufficient" time rn the ANbi.teetV professional pdgment to permit adequate roview pon the Architect's oompleted review, the Arch +its shall transmit its.:stibniittal review tv onstruc I+vMana 11 Re cif th ctor's submittals by the Constructigr Manager and Architect is not conducted for the vse of. curacy and completeness of other detail's such as .dimensions and quantities, or for n tia br instgllaticw or ped'otinance :of equipment or systerns, all of whie# remain the nsr c as required b� the Contract Docu;a .The Ct3rtstruction l�fanager anzl Architect's t'w n` >s j sttals shall no# relieve the Contractor of the obligations under Sections 3.3, 3.5 • V o er,and Architect's review shad no# constihrte approval of safety precautions ar, es isg F by the Construction Manager and Architect,: of any construction means, methods; cl I e ores. The, Architeces approval of a specific item shall not indicate approval of an asslCf . component. will prepare. Change Orders and Construction Change Directives 13 �1"h o rand the Archrtect wttl take appropriate action on Change Orders or Constrtrctton I. direW 6b with Articl,e ? aiif A6 Architect will have authority to order minor chle orls q 4>The Arcfarle4, iii consultation with the Construction Manager, will. and rha 4 � re endiiiiib regarding concealed and unknown -conditions as pra%ded'in Section 3.7.4. § l ins tb �rueatS provided by the Contractor, the Construction Manage- will >naintain at the -site for the ew tune"opy act Documents, approved Shop Drawings, Product- ata, Samples and similar required iinittals, in got? order, „1parked.currentl . to record all changes and..s.e tri rrs made during. construction. These Will .bs 11 ter t ct and the. Contractor, and will be delivered to"the Owner upon completion of the �I'roject Y Y § 4.2. witlt`.the. � 4 aoctfrgt��'� r� MznaI� �\ ry vrclProit 0ocuments. Ica=Manager will assist the Architect in conducting inspections to determine the dates of ndthe date of final completion; issue Certificates of Substantial Completion in conjunction irsuant to Section 9.8; and receive and forward to the Owner written warranties and related by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction d to the Architect a final Application and. Certificate for Payment or final Project Application tte for Payment upon the Contractor's compliance with the requirements of the Contract § 42.16 If.the Owner and Architect agree, the Architect will provide one or more project representatives to assist in ;;carrying out the Architect's responsibilities at the site. The..duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibrt tu'bi.e incorporated in the Contract Documents. 4.2.17 The Architect will interpret and decide matters concerning performance under, and requirements bf the Contract Documents on written request..; onstructron Manager, Owner or Contractor throughthe Construction Manager, The Architect's response #o 'mch requests will be made in writing within any time limrts agreed upon or otlteisvh reasonable prorcrpttiess: § 4.2:1$'$ntereWhor s and.decisions of the Architect will be consistent with the intent of and reasonably inferable from . f� �ttt'ti Documents and will be in writing or in the form of dravtri When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both-tJwner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. AIA Document A232TM — 2009 (formerly A20-1"'CMa—1992). Copyright C 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 20 AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia"org" § 4.2.19 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. . § 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and forward. ' ` each Request for information to the Architect, with the Construction Manager's recominendatian The Architect will veldttaZi respond in writing to the Construction Manager to requests for information about the Contract Documents. �': ��` `� `' - The Ci�xlstniction Manager's recommendation and the Architect's response to-eachrequest will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropnate, rile Architect will prepare �f� `: �{ • �` isstib supplemental Drawings and Specifications in response to the requests for information.. ICLE 5 SUBCONTRACTORS t1 Defmitiotts " �.1 A Subihatltracto�`. rson or entity who has a direct contract with the Contractor to perform a portion of the stork at the ,sot The °"subcontractor" is referred to throughout the Contract Documents as if singular innumber atidrieans a icon r-or an authorized representative of the Subcontractor. The term "Subcontractor" does not tneltide ot)1 l ti '' a Contractors or subcontractors -of other Multiple Prime Contractors. g 5 j:2 A b-subcti actor i erson or entity who has a direct or indirect contract with a Subcontractor to perform '� t prti#3ie ''The term "Sub-subcontratctor" is referred to throughout the Contract Documents as if �i tgu tnmb ub-subcontractor or an authorized representative of the Sub -subcontractor. § 5 2 ward of Sublttd Other Contracts for Portions of the Work . )€►42:1, hless tither ki in ;the Contract Documents or the bidding requirements, the Contractor, as soon as cti+ ble a er aw the Potract, shall furnish in writt�Itg tv the Construction Manager for review by the Owner, Ot>�Istruc ti Mattag r did , ct the names of pem.. tin entities (including .those who ai`e to furnish materials or a ipni fit abritv�f to a design) proposed fox each principal portion of the Work.. Tire. Construotton I�fanager �:. �3' re+y withTri 44 t Contractor in wring stating (1) whether the Owner, the Conch action Manager or the �Ycifltectas rsot�i '. "ctien to an such ro ed person or entity or, 2 that the Construction Mann er, y P ::. pos pe ty i) g > Architect ®r OwnBtfres aonah tiefor review: Failure of the Construction Manager,.,flwner; or Architect to WWre ph3'` --wit the *4ay p>tt thr all constitute notice of no reasonable objection. 2. .... ._ § 5.2.2 The Contractor shall riot contract with a proposed person or entity to who the Owner, Construction Manager or Ardl*ct has made reasonable and timely objection. The Contractor shall: W�be"required to contract with anyone to whom the Cownctol-tils1t a reasonable objection. § 0r2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractoia the star shall propose another to whom the Owner, Construction Manager or Architect has no reasonabk objection di e• oposed but -rejected Subcontractor was reasonably capable of performing the Work, the Contract -Sum arttl 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. M`4 However, nel increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution. r § 5.3 Subcontractual Relations any appropriate agreement, written where legally. requt�ed for validity, the Contractor shall require each Sub cnt.40 tor, to'1he extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of t1 hc, Contract Documents, and to assume toward the Cou.Wotor all the obligations and responsibilities, including responsibility for safety of the Subcontractor's Work, Which the Contractor, by these Documents, assumes tow aii tlte'Owner, Construetith Manager and Arclilrtect. Each subcontract agreement shall preserve and prptect tlae fights of the Owner, Construction lYlanager ainl' Airchifect under the Contract Documents with respect to 0 Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, ' unless specifically provided otherwise in the subcontract agreement, the berte*_of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has --against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, Init AIA Document A232TM — 2009 (formerly A201 TMCMa—1992). Copyright 01992 and 2009 by The American Institute of Architects: All rights reserved. WARNING: Thls AIAc Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 21 AIA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mall The American Institute of Architects' legal counsel, copyright@aia.org. identify to the Subcontractor terms. aiad;eonditions,of the proposed-0ubcvntilct,agreemerxt that x� . be; at vari4i wait the Contract Documents. Subcontractors will similarly make copies of applicable poitio4s of such:,locumiei `. available to their respective proposed "Sub -subcontractors. ,: r3 �,� y "gent Assignment of.Sube©Otrac' subcontract agrceme#tt fz�r igition of, the WorfC-is assignedby the Conttractor With. Owner s at1 ; ° x s r' assignment is: e#feut a ty after termtr*'dou of tbte-Qmnti'act h-y the OWUen r fpr tis+4 teat t ,. <.. x Seetian 14 2,aad ta±.for those;sultmet apreels�ts that the Osx+Fier abynatifying.tlic ' Subcontractor aiW Co eto in w--Uh=.and. " 2 assignment is subject to the prior rights .of the surety, if any, obligated urrder bond relating to the Contract, f� n the ace assigninezit cz t_suboontract a r q� A4hd-Ovr ier assumes;the Co citor'so.-A, . .: . ations the lracf `�-xt ae .2 Up, .t, if the Woi1 bas been suspended for.mtire theft 30 days, the Sztb€itactor's�. � Y 11�. vita Ousted for increases in cast resulting from the suspension .�TE c QOtaer. pnder;tlus'S ion 5.4, the owner may Rather -the si ti�et to � f" c trfthewtier-assiis the suneo>trt to a suceessor,ttar;or tar oerciat#t�r mate , legally responsible for all of the -successor Contractor's -obligations under he s a 4. 46 ,. NER �O'R B1(if HER �1 1 1 5 w t tlon.:Mth Om Eor�e 60 fb Award.0ther Contracts J 5=3,tf t to perforM c9ns*iGtri jnl or motions related to the Project the Ll9_.so fir. rcess i e entities unde# tote contracts not.ach�lirtisteired by the Consttuctztafl A=*4K an to aw ;4po Lion .ith otfier`portions:of the Project or other coastmt rction or ope tit �►ax ie sift` undf 0 4 dtieal ar stibstantialty similar to these including those portici Mated tta insui ate - - off. _ oz If file Contractor claims that delay or additional cost -is iiLved lecaiise of such u'ra act'ictor shall make such Claim as provided in Article 15 y W the Owner construction or operations with the Owner's owrtt forces including persons or etittltxs udder:pairai not adnunistered by the Construction Manager, the Owner shalt provide for a rdinatiop ,c f stich *0f vith the Work of the Contractor, who shall cooperate with them. 1 3 t� tli t *provided in the Contract Documents, when the Owner performs construction oroperations related fd' ro 3 Aft er's own forces, the Owner shall .be deemed to be subject to the saute obligations a -Gave -the sates=tights ifiat apply to the Contractor under the .Conditions of the Contract, including, without exiiig?brs, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. n 6. Mtittiel'Responsili ity 0.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Multiple Prime Contractors reasonable opportunity for introduction and storage of their materials and equipment and perfone of their activities, and shall connect and coordinate the Contractor's construction and operations. with -theirs as: required ,:'by the Contract Documents. �s6,2.2 If part of the Contractor's Work depends for proper execution or results upon construction tar operdhans ;tdie Owner's own forces or other Multiple Prime Contractors, the.Contractor shall, prior to procceding with thhafi rtion of the Work, promptly report to the CQnstrtx o Manager and Architect: apparent discrepancies or defects !in Stich other construction that would render ii un irttaltilo for such proper, execution and results. Failure of th C nti'actor so to . r$pt3i?F'' to an ackno*le� that the Owner's own forces or other Multiple Pririie Contracts' tidally comptetird construction is fit and .proper to receive the Contrattor's Work, _except as to defects ' notc3l bfy diseovrrrable. § 6.2.'3'The Contractor shall reimburse the Owner for costs the Owner inctirs, including costs 4hat, are payable to .a separate contractor or to other Multiple Prime Contractors because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to, the Contractor for costs the Contractor incurs AIA Document A232* — 2009 (formerly AM "'GMa.-1992). Copyright ®1992 and 2009 by The American Institute. of Arr�Qcts.All rights reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A!A® Document or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ? under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@ala:org. because of delays, improperly timed activities, damage to the Work or defective construction bythe..Owner's own forces or other Multiple Prime Contractors. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially, oA k�ot construction or to property of the.Owner, separate contractors, or other Multiple Prime Contractors as t' Ovy19 Section 10.2.5. 'Ise Owner and other Multiple Prime Contractors shall have the same responsibilities ft>r cutting and patching l cribed for the Contractor in Section 3.14. X Owners Right to Clean Up ispute ar*es amoii the Contractor, other Multiple Prime ConlractctrS an� the Owner as to the responsibility r their r . . tine { .:. cts for maintains m fe prtmuses and sut;rtohttd�g area free:=froim waste materials and ish, the r niaii up and.ttie_Consttztption lanaget With notice to the Atehiteet. will allocate the cost ; 4. g tllo; pnsi,** CL ORK a� ti is A ilt • . o be accomplished after execution of the. Contract, and- without irtvalidating the ction Change Directive or order for a minor change in the Work, subject to the t and elsewhere in the Contract Documents. - , sed upon agree nt among the Ov er; Construction.Manaiger, Architect and Directive r ires a eentt=nt�t the Owner Construction Ii�tarta gr and Architect Y y the Contractor, as Wider for a mitior change in the Work may be issued by the tee e _ . { 1 gc tn, tl 'shall: be perWriled under applicable provisions of the Contract Documents, and the lie,Costraet4lr all :prq. ;pnl�s.dthorwise-provided in the Change Order, Constructioq atYge Directive or ,g warderfora.miinor� e in.fhe Work. x AC .. girder ts� am' w�Wi ystrument prepared by the Construction Manager and signed by the Owner, Construction Maer� 1�rcht ttiActor, stating their agreement upon all of the following: 1 in the Work; Tiitx ant of the adjustment, if any, in the Contract Sum; and of the adjustment, if any, in the Contract Time. t1L3A* t*U& l ge Qireatives istiction Change Directive is a written order prepared by .the Construction Manager and, signed by the 4Owntmf r�*nager and Architect, directing a change in :the Work prior to agreement on adjustment, if any, t$ &it `d' Sum cif -Contract Time, or both. The Owner may by Construction Change Directive, without �g ting the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions orhler revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7 $' 2 A Construction Change Directive shall be used to the absence of total agreement on the terms of a Change 0.brder. 7 3.3 If the Construction Change Directive ides for an adjustment to the Contract Sum the ad ustment shall be - rov g F j J based on one of the following methods .1 Mutual acceptance ofa Itunp sum properly itemized and supported by suff cleat sul staritiating data to p*it evaluation, �i fir.' _t prices stated in the Contract Documents or subsequently agreed upon, 3 Gtist to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or -r tentage fee; or t°s . } .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that AIA Document A232TM - 2009 (formerly A201 T'"CMa -1992� Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 23 Ale Document, or any portion of 1% may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. application of such° unit prices to quantities of Workj�roposed-will cause sUb9tn tial inec}uity to the Owner oir Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Constiuc#60-Change Dlf tive the Contractor shall promptly proceed with the change utt#ie lved and advise the Col stt�iction Mahn r and- Architect ofthe Contractor's x�eement or, disagreement thod, if any, provided in the Construction Change Directive for determining this proposed adjtistrit t Sum or Contract Time. i, Construction Change Directive signed'by the Contractor indicates the Ccattabr's aleement few�th, adjustment in Contract. Slim and Contract Time or the method for deterniiMa diem. Such agreement shall ti e el ective immediate], and shall be recorded as a Change Order. - F 7 If the tract riot respond pr It 1ot'�d �S Ut*ith the method.- 4dju�t in the Coi�aot� onstru. 1 determine the mm, 4 tlitr ac#j ent owthe has;<s ii 'reasonable e�€petitthtureit trrl t gs of. the wok atributa lie to theccbarn e; chiding, in case of.an increase m tht C43 ' our r .. profit as set, l'brth in the Agreenieiii;'or if no such amount is set forth in the Agreement, a: y a , and also under Section 73.33, the Contractor h kip atitxi .p�eser�t -fin sutit-1 Yt ns 1; tp in.. data;.[3n1 rescribe, an rteiniied accountin ther with: roprratepport g d t Docurrrert, costs p for the of this etien 73:. sliall'be lmited.to:the ayF f ludin social ge and unem )o '" uiit lit, bets i equired= tsld as p ` custom, and workers compensation insuXance; u lies and egtaiiel�tz including eost`of'tsagsportaticsii,:'"Ow Alier incorporated or . and equ%pmeii x t xeLusive of hand tools, whether rented from'idie ContraeW FN ` 4 ' ' l f for all bands acid ingurance, permit fees, and sales, use or similar taxes relateclto the > � A sEtpervision and field office personnel directly attributable tQthe clra ige. § lie iroltrit,ttf allowed by the Contractor to the Owner for a deleti6fi gar change that results in a net x i[tilre shall be actual net cost as confirmed by the Construct>tin rand Architect: When n 1. ` ns ..Iit cvng related Work or substitutions are involved jii a Mange, the allowance for overhead g F ;Bahl CITY riri� a 'basis of net increase, if any; with respect to that change. a� §'7.3.9 f termination of the total cost of a Construction Change Directive to the Owner, the Contractor u may r Work completed under the Construction Change Directive in Applications for'PayJment. The f <, Construetl€aidhitect will make an interim determination for purposes of monthly certification for and certify for payment the amount that the Construction Manager and Architect determine to beT-VWrt2;justified. The interim determmatiotiof costshall adjust the Contract Suni an file same basis as a Change iexight of either party to disagree and' assert a Claim in accordance with Article 15. 7. },When .the Owner -and Contractor agree with.a determination made by the Constriction Manager and Architect s: concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjtxstnients, such agreement shall be effective immediately and the Construction Manager shall prepare a Change ,'Order: Change Orders may be issued for all or any part of a Construction Change Directive. 4. ;x �; § 7.4 Minor Changes in the Work Tf hazzges Architect has authority to order minor cin the Work not involving adjustment in the Contract Slim or extension of the Contract Time and not: c* bags with the intent of the Contract Documents. Such changes will be effected by written order issued tlir€►ugli the Construction' Manager and shall be binding on tlieriei and Contractor.. § $1, Untess otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. Init. AIA Document A232T" — 2009 (formerly A201 wCMa—1992). CopyrightO 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 24 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, purchasers are not permitted to reproduce this document To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.9. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §$ &ss and Completion W § e limits stated in the Contract Documents, are of the essence of the Contract.- By execuhn ' the Agreement the Contractor confirms that the Contract.Time is a reasonable period for performing the,.Wtsik. The Contractor shall not knowingly,,except, t b agreement or instruction of the;V.�wner in writing, rematti rel � � � _ g, p � y commence operations on the site or elseerhtyre prior to the effective date of-Insursnce required by Article I l to be furnished b the Con y _ tratSrr and Owner. The date of commencement of the lil�brk shall not be changed by the effective Z s date of such ` 43 The Amuoc roceed ox ditiousl with adequate' forces and shall achieve Substantial Completion pe y w�l p 1�i n the, ':Frl� §ZD S. e �. I. n s at any time in the commencement or progress of the Work by an act or neglect of r k ei`'a €ivnol; Construction Manager, Architect, any of the other Multiple Prim Contractors or an z Bin aayi"en or$ered in the Work; or by labor disputes, fie, unusual delay in deliveries, f u e des errdt+r causes Beyond the Contractor's contrQ); of by delay authorized by the Owner pending • n iisti�n a itra a r by, :. er causes that the Architect, .based on 'the reeommendataOn of the Construction Manager, in us 1 . ; then the Contract Time shaft be extended b Change �`•:- � : J �►y y Order for such ieasonablbU. e� y determine. v. .. Claitnsldtdigesall be made In accordance with applicable provisions of Article 15. § 8.3 3 l`lils ect $:3 does iw. preclude recovery of damages for delay by either party under Qtherpmvisions of the Contract J)bcurai8j *. AaTICLE .9 3 . YMe 1418p COMPLETION :� 9.4 Cluit�act Sum The Coiittctutri is staff -the Agreement and, including authorized adjustments, is the total amount payable by the Owner to tlt Or performance of the Work under the Contract Documents. 9.2 q 'Oft 'vows - Where thta- of iaed,- am a Stipulated Sum or Guaranteed 'Maximum Price, the Contractor shall submit to the Construction Manager, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the venous portions of the Work and prepared in such form and supported by such data to substantiate its accuracy ;Construction Manager and Architect may require. This schedule, unless objected to by the Cobstrudidn-f4anagel- or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. In the --,,event there is one. Contractor, the Construction Manager shall forward to the Architect the Contractor's schedule of values. If there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors' schedules of values only if requested by the Architect. § 9.3 Applications for Payment § 9.3.1 At least fifteen days before the date estAblished for each progress payment, the Contractor shall submitto the Construction Manager an itemized Appjllt uoia for Payment. prepared in accordance with the schedule of values, if required under Section 9.2, for cornpletrd - ortions of the Work. Such application shall be rota-146.4if required, and supported°by.such data substarttiat ng the Contractor's right to payment as the Owner, Coa ti4tion Manager or Architect ntdy-mire, such as copies of requisitions from Subcontractors and material;su gpiiers, and shall reflect retainage if provided for in the Contract Documents. § "9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Construction Manager and Architect, but not yet included inChangeOrders. AIA Document A232TM — 2009 (formerly A201TMCMa—1992). Copyright 01992 and 2009 by The AmericanInstitute of Architects. All rights reserved. Init: WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 25 AiAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § S.3.1.2 Applications for Payment shall` not include: requests for payment for portions of the Work for which. the Contractor does not intend to pay a Subcontractor or material supplier unless such Worm has been performed by others whom the Contractor intends to pay, �9 32 #ass otherwise provided in the Contract Documents, payments shall be made on account of matonals and , tf delivered and suitably stored at the site for subsequent incorporation in the Work 0 approved in advaime f er, payment may similarly be made fur materials and equipment suitably stored off tWi to -At. a location agree upon in writing. Payment for materials and: equipment stored on or off the site shah W6.o iditioned: upon `� _ "ce by the Contractor with procedures satisfactory to the Owner to establish the Ov�ier's title to such ,' , !sand equipment or otherwise protect the Owner's interest, and shall iW-Wde the costs of applicable insuran*- :. storage and transportat' to the site for such rttaterials and equipment stored ce site, .3.3 The ctor.f is that title to all Work covered by aftlA ication for Payment will pass to the tow; eer no than of t. The Contractor further watraltts tl> iVp' on submittal -of an Application for Payment all i k for err f "for Paymenthave: been previously issued ,ancl_:payments received from the Owner shall; to =best o nrtowledge, information and belief, be free and clear of liens, claims, security interests. or fa tractor, Subcontractors, material suppliers, or other persons orentities making a m b o filed labor, materials and equipment relating to the Work ' F 9 ontract or, the Construction Manager will, within seven days after the Construction ctor's Application for Payment, review tb ,Application, certify the amount the oia es; is due the :Contractors. and fot d the Contractor's Application and Certificate for t SSr i .seven days alter the Architect r."ke'i'ves the Contractor's Application for Pa)Oeat :' die a Architect will either issue :fo the Owner a Certificate for Payment, with acopy to ,4tiexCoi�iioii l,idgtfursuch amount as the Architect determines is properly due, or notify the Construfrttcn ' nama arid:O r i of the Architect}s teasans.for withholding:certificataicYn in whale or m part as provided iu SeGi€i 9.5:1 The,Coitsti "cgn Manager`vvill promptly forward to the Contractor the Architects notice:of �vitl}i lrtiical - y § 9.4.2 W ry there 4 Multiple Prime Contractors performing portions of the PrgjpM it a Construction Manager will, withiia $eve des after the Construction Manager receives the Multiple Prim& Contractors' Applications.for 'aWment: (1) review the Applications and certify the amount the Construction.bianager determines is due each of the dulti e l irn Cotao#m �; 2) prepare a Summary of Contractors' Applications for Payment by combining. ' infor Cation fro> tltiple Prime Contractors' application with information from similar applications for 3 >progress payments f om other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for 3' Paymmt; (�) pertify 3h mount the Construction Manager determines is due all Multiple Prime Contractors; and ()-€orwarel tli� ipty of Contractors' Applications for Payment and Project Application and Certificate for X z Paycrtent to the Amer. =§ 9.4.3 Wkiriseven,s after the Architect receives the Project Application and Project Certificate for Payment and y `� ('summary of Con Victors' Applications for Payment from the Construction Manager, the Architect will either issue to the.Qwner.a, Project Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's real -ow for withholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward the Architect's notice of withholding certification to the Contractors. § 9.4.4 The Construction Manager's certification of an Application for Payment or, in the case of Multiple PA Contractors, a Project Application and Certificate.far payment shall be based upon the Construction Manager's" evaluation of the Work and the informatiornpmvided..as part of the Application for Payment The;Construction Manager's. certification will constitute a representation that, to the best of the Construction Manager's' knowledge, inforrriatioalief, the Work has progressed to the point indicated and the quality of the Work is in accordance -'. with the Coiitraot f )ocumetits . The certification will also constitute a recommendation toub`6 Architect and Owner that `the Contractor be paid t1>e amount certified. h 9.4.5 The Architect's issuance of a Certificate for Payment. or in the case of Multiple Prime Contractors, Project Application and Certificate for Payment, shall be based upon the Architect's evaluation of the Work, the recommendation of the Construction Manager, and: information provided as part: of the Application for Payment or Project Application for Payment. The Architect's certification will constitute a representation that, to the best of the AIA Document A232TM — 2009 (formerly A201 r"CMa—1992).. Copyright 0.1992 and 2009 by The American Institute of Architects. All rights. -reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 2� AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document_ To report copyright violations of AIA Contract Documents, e-mail The American . Institute of Architects' legal counsel, copyright@aia.org. Architect's knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. xPt z r it representations made pursuant to Sections 9.4A and 9.4.5 are subject to an evaluation of the Work for s: ce with the Contract Documents upon Substantial Completion, to results of subsequent tests and f , # ,t dt, to correction of minor deviations from the Contract Documents prior to completion anti to specific gtial"ications expressed by the Construction Manager or Architect. 9?I:7 The issuance of a separate Certificate for Pa 3 yment will not be a � P Payment or a Project Certificate Pa representation that. the Construction Manager or Architect has (1) made exhaustive or continuous on -site inspections -v,beck the quality or qtltoitity of the Work, (2) reviewed the Contract is cnnstrftction means, methods, techniques; 3ences or prpcedurek(l) reviewed copies of requisitions received -from Subcontractors and material suppliers and otter data refitted b _ Owner to substantiate the Contractor" right to payment or (4) made examination to { rtain $s�hor#irpose the Contractor has used money previously paid on account of the Contract Sum. s h ./i." narii i k.s wit h4-M .... $` :� or Architect may with a Certificate for Payment or Project Certificate for 1 e extent reasonably necessary to protect the Owner, if in the Construction Manager's ' E tr ntations to the Owner required by Section 9.4.4 and9.4.5_ cannot be made. If the q t is unable to certify payment in the amount of the Application, the Construction 1� is y th for and Owner as provided in Section ;9 g i a_ nd 9.4.3. If.the Contractor, Construesion 'ti t awe on a revised amount, the ArchitecWill promptly issue a Certificate for Payn*nt j fi'ay:t for the amount for which the'Architect is able to make such representations to the 11�Ia> or Architect may also: withhold a Certificate for Payment or, because of std3sequerr d* were�tr ri or subsequent observations, may nullify the whole or a part of a Certificatp. 0 :,or Pi+ l Cert4t#1 to ;for Payment prexlot.. y issued, to such extent as may be necessary in the ous uctiori or A* VV rniowto protect the Owner from loss for which the Contractor is responsible, including os : frees=die aa¢ts and tismons;described in Section 3.3.2 because of 48ive Work not remedied; third party: claJoks filed or- reasonable evidence indicating probable filing ©l"such claims unless security acc40Ua * to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontcaettsrs or for labor, materials or eq pmeot; .4 nasonabie "evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; ,5 darYiag+eato the Owner or a separate contractor; t6 40 evidence that the Work will not be completed within the Contract Time, and that the unpaid (flee would -riot be adequate to cover actual or liquidated damages for the anticipated delay; or .7 <repeuted failure to carry out the Work in accordance with the Contract Documents. above; reasons for withholding certification are removed, certification will be made for amounts p}ot>Yy +lvithheld. 9.5.3If the architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner mayz. at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment. for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint, cheek, the Owner shall notify the Architect and the Construction Manager and both will reflect such payment on the next Certificate for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issue# alGertificate for Payment or Project Certificate for Paymm. t, the `Owner shall make in the manner aait1 wlin the time provided in the Contract Documents, and shall so notify the Const etionManager and;Atchitect. 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. AIA Document A232TM — 2009 (formerly A201 TMCMa—1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. Init.WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 27 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecut04 to the maximum extent possible / under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 9.6.3 The Construction Manager will, -to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by The Contractor and .action taken thereon by .the Owner, Construction Manager and Architect on account of portions of the Wotk done by such Subcontractor. Owner has the right to request w agtt£ii dva tl�iiee-frpm #lie C;ollitactor that the -Contractor iiasiCoperly lsd rs and material and equipmentnPPtes#tiaz:by the tJwner to the CntracttC for suritlyd ,:..� ��' . ' Contractor fails.to fa�nisli.sush;. etfide)ace witlii �iveri-daya,'�� 4iedr shall have tlisi�g}itto cent uiicortractors to ascertain whetherthey have bees property paid. �li�irrr°the Comer, Co�ustrl�attit Manager h� "'=Arcl�`lt shall have. an obligation to lsay or to see to the payment of motaey to a Su�conttactor except as may Ise be required by law. F oth .5 Con or P to materi i p its pplters ;zhA be treated to a manner sill ilarta that provided tions 9 9.6 .6,4. { 6 A to ent, a progress pi4yin pt, Oepar" ice ontire.use.or occupant,-Y ti theriogeot-by the „er soon cceptance of Work.not in ac cordance. with the: Contract Documents. vides the Ch ner with a paymerit:bond in tha full penal eft nit ct sum; r fair W,0* ptperl'y performed byQiitraetors a>d:sltp*lo: held by a= f rtErsr"xPpliets perform8'k.9r fua-shede€erranlxotlts under ich pant vs as made by the Owtiox. i'4athing con ined het. *A require, ts` lilrtl< a aceouut aisd not camriiiiigled with Mp#go the Contractor, shall'crmte any ldt�ly'1i .Irtn �:of Contractor foi bzacli if dust or shall entitle atiy person or entity to tr trd es.; nst the oonira for 406 4M requirements of this provision. �s t; he ins rl Architect it — 0`i.a Certificate fer:Pa-yment ora Projvet Certificatef�or 'ayinent; _ thrt> bk fa within t rf1 days after the Construction Manager's rece>pt ti the Cons aictor°5` Appiltioa for or� Cldties'nCot: pay the -Contractor within sever. days after this ttablished in 3 - the Cittthat Da tsfillentcerEified by the Construction Manager and Architect >3r av�axded by binding x tr diltioh, t traettir may, ;upon. seven additional clays' wrriten note tta €lie.Qwner; Construction the Work until tof the amount owing has beet( received The Contract Time shall Matta LZ ' Ar a > amp gayli g be "f6aa app hate) and the Contract �Stim sits I be increased by the amnut>€t of the Contractor's reasonable costs cif shu3-dp{vn, ,�� start-up, plus interest as provided for in the Contract Documents. § 918 Subion gietion is the stage in the; press of the Work when the Work or designated portion thereof is cuff cientlt icaetiance with the :Contract Documents so the Owner- can occupy or utilize the Work for its intended. use. § 9 8 the ;ton actor considers that.the Work, or a portion thereof wh ell the Owner agrees to accept separately, is substantially complete, the Contractor shall notify the Construction Manager, and the Contractor and lConstruction Man"Oger shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to fina)f yment. 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. § 9.8.3 Upon receipt of the list, the Architect, assisted by the, Construction. Manager, will make an inspection to determine whether the Work or designated port h ereof is substantially complete. If the Architect's inspection discloses any item, whether or not included caf the list, which is not sufficiently complete in accordance withthe requirements of the Contract Documents so drat the Owner can occupy or utilize the Work or desigtiated;portion . thereof for its intended use, the Contractor `shall, before issuance of the Certificate of Substantial Cotrition, complett such item::upon ricittfieatiorl by the Architect. In such case, the Contrair shall thensnbmit a regtietat #fir inspection by the Architect, assisted by the Construction Manager, to.determine Substantial VI Com0ef -A. § 9.8.4 When the Architect, assisted by the Construction Manager, determiies that the Work or designated portion thereof is substantially complete, the Construction Manager will prepare, and the Construction Manager and Architect shall execute a Certificate of Substantial Completion that shall establish the:date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work AIA Document A2321" — 2009 (formerly A201 "'CMa — is 92). Copyright 01992 and 2009 by The American Institute of Architects. All Oghts..reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document; or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 28 under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. and insurance, and shall fix the time within which the Contractor shall fnisk all items on the list accompanying -the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the.Certificate of Substantial Completion. § 9;h Certificate of Substantial Completion shall be submitted to the Owner<and Contractor for their written, r Y?e .of responsibilities assigned .to them in such Certificate. Upon such:acceptance and consent of surety; if i ;rijr;wner shall make payment of retainage applying to such Work.or designated portionthereofi Such payment shall be adjusted for Work that is incomplete or not in accordance withbe requirements.,.of1h4ailtract Documents. : 9.9 Partial Occupancy or Use ,a § 9.9.1 The Owner may Wcupy or use any completed or partially completed po i4n of the Work at any stage when •' ;V X1 ,such portion is desi se arate agreement ement with the. Contracts, ' ,�. po ZmaY P > X3 Ytd such occupancy or use is consented to r 7 : by the insurerm requtf j der Section 1.1.3.1.5 and authorized by,kt c authorities having jurisdiction:over the r Project. Such partial icy or use ma commence whether shot the y portion%is substantially complete, provided e Owner and Contractor h ave accepted in writing the respoasibtlities assrglaed to each of them for payments, y : rage tf'ariy„sect ,,Maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing ` ermng a period; "Sorg-. tion of the Work .and commencement of warranties required by the Contract l n r considers a portion substantially complete, the Contractor and Construction agelr s7111jote Consent of submit a list to the Architect as provided under Section 9.8..2. rile L aiYrtraetor So •pa� t cc ruse shall not be unreasonably withheld. The stage of the progress of the Workshall 1je dete"ged h ent between the Owner and Contractor or,afno�agreement is reached, byAoWsiowOf the ;Architect afion 'with the Construction Manager. 92 i3ately` such partial occupancy or use,,: the fiviner, .Construction Manager, _Contractor acid Architect shall loin ti ps k i area to be occupied or po hon of the Work to be used in order to determine and ->eosrd the conditj Oil. ditbMwotk: ri 9.93_ Unless othersavise agreed wpon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying withthe requirements of the Contract Documents. § �.i0l+t lGomi letiorl and a ltial Payment § 9? 10:1 iiati the Work, the Contractor shall forward to the Const►oton Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to title Construction Manager:a final !-Cc ontractor's Appficatioufor :Payment. Upon receipt, the Construction Manager'will evaluate the completion of Work of the Contractor anti-thorward the notice and Application, with the Construction_ Manager's recommendations, to `:the Architect who will promptly make such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their knowledge, information and belief, and on. the basis of their on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and,noted in the -final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for whick.the-Owner or the Owner's property might be responsibleor encumbered (less amounts withheld by Owner) ha ve #teen'pa d or otherwise satisfied, (2) a certificate evrdem..1at insurance required by the Contract Documents to remain in force after final payment is currently ineffect and ti+ill not ... be canceled or allowed to expire until at least 30'days' prior written notice has been given to the Owner; {3 a written :.. statement that the Contractor knows of no substantial reason that the insurance will not be renew6 a fo cover the period :requued:by the Contact Maiments, (4) consent of surety, if any, to final payment and (5), if required by the Owner, otheC.data establrshtrrg payment or satisfaction of obligations, such as regJ^i releases and waivers-of.liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by therOwner. If a Subcontractor refuses to furnish a release og.-waiter required by the Owner, the Contractor may famish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to. the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. AIA Document A232TM — 2009 (formerly A201 TMCMa—1992). Copyright 01992 and 2009 by The American Institute of Architects: All rights: reserved. InIL WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 9 Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The Americans Institute of Architects' legal counsel, copyright@aia-org- § 9.10.3 if, after Substantial -Completion of -the Wo'* dual �o pletion thereof is materially delayed through ho faultoaf =' the Contractor or by issaariec of e Conslzuciiou: Manager arid - Architect so confirm, the 0 wners ;tip IppliGa to by-1 beVohtractor`ai-toerificattion by the Cons luit Manager and Architect, and without tcrrninating the Conitmi .make payment of the balance due for that :por(t�z� ofthe ; eomp)eted and accepted i ' ilie > errta t g ba146 hor = orlC"trot i ly' rngleted of at Tt'o is 1 t ' ` `ulateii in ile Contract 3racgpts, �ttd �f `butids heave been furixis'heti tlte: written irais�t.�t�`4o �;the balance due'for that �ortton of the `VEto>1t fta"1ly�pmpleied and accepted shall �itti;�y�th€ Coiiir_ae or to the Architect througl%3ie Consurtctlon l�ariai�>; �iriotf to oerti�cation of suaiif �a�iln't 1attpayrl�ieaitt � ,c u; ` ade under terms and conditions governing final gayinent; except that at shall not tlrstistitute a waiver of OkThe ng .rbe1QvtmeVIM Re!, 9se arming a 1 ns, Seo iit`sts or pnfid- out-o'f•the Contract Ltd ui�asettled Y �* 2 lure : otk LQttlpl wiih tie �equi remr the Ct Doctar " 3 4 al wactt� required by tht}Contrtitts xyti 5 ' c byt ° Conttactor, atbeoritractsar or trtatiarl supplerhall. eonstitttte a water se : tYvioui mate tl; dadentiif that a as-udset€let } to y P 3 r- Y'= P MANliAf7f'EEi l' sF. 1s nit s& for initiating,.mamtainingand•srlpervmng:allsafety :precautions: and prograas m o f theCvi tzact `-The Conoc ors al submit Cotrtraetor.'s rafety pry#at-N . if. L ' r co"nati 00 the wtiia stife€g progains of other Contractors. ri C a ibiiities far review arrzj coordination of safety programs shall.ni3t extend to i ei . 3 x gg or oo rins o% Ctrnanctors Subcontractors,mof Workand net dire ep�d 1#e " 3 "_ g Pl Y .rs, . y Pe . pe nlg gnzt y �Co .. =kP46pertytape reasonable precautions far safety of, and shall provide reasonable protection to x, grti age,' Qrato ^, € a Work, andother persons: who may be afl°ectcid ibereby; matenals and equiprnerft to be incorpafated therein, whether in storage on .or off the site, under e; custody or cowl . of -the Contractoror Contractor's Subcontractors or Sub - ors; A .: sth peal r t the site or atljaomo thereto, such as ties,: shrubs, lawns, walks, pavements, roadways, scenes anutilities-not desigraated for removal, :rt*loeation or replacement in the course of =t <construction; and ram:` nstrutrLion or operatiotas:by the Owner or other Contractors. The Contractor shall comply with and :give notices required by applicable laws, statutes, ordinances, codes, } , rd�Ie 'd refit 'lations and lawful orders of public authorities bearing on safety of persons or property or their ' pr¢tion from damage, injury. or loss � § 10.2.3. The Contractor shall erect and maintain, as required b existing conditions and performance of -the Contract, 'N reasonable safeguards for safety andprotection, inelindmg ppsting:elangerslgns and oilier wamns against lie; ul atin saf regulations and noti nn 0woets and users of adjacent sites and utilities. p g g' Su fX J § 10.2.4 When. use or storage of explo"s or other hazardous materals or equipment oru-nuau nnetliods are rs F ti e r ution ofthe W©rf,='g a .Contractor shall exercise;utnaosi care and carryt xl u h iotavitaes under s properly gttalified'personnel: Contractor shall promptly remedy damage and loss (other than' ..._ lrnlage or loss insured under property insu"r`aiice required by the Contract Documents) to property referred to an Sections 10.2.1.2, 1,0 2.1.3 and 10.2.1;A caused in whole or in part by the Contractor, a Subcontractor., a Sub4ubcontractor, 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 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, AIA Document•A232TM - 2009 (formerly A201'"CMa-1992). Copyright @ 1992 and 20099 by The Americap 19stihrte oaf Architects. All rights reserved. Init WARNING: This Ale Document is protected by U:S. Copyright Law and International Treaties. Unauthorized Yeproduction or distribution of this 3 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted toreproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Construction Manager or Architect or. anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's, obligations under Section 3.18. "0.,6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose du. ty T shall be fhe prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated }f by the Contractor in writing to the Owner, Construction Manager and Architect. The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or oreate-an unsafe condition. 'Aw� - , 2.81njury r Rama s .Person orProperty ether ers or damage to on or property betttis .t?an act x _ P P Pert3' z or omission of the other party, or of F " for w cts is legally responsible, wnttt ce of. such. in or damage, whether or not s , sh veail other party within a reasonable time not exceeding 21 days after discovery.The notice provi cih�il to enable the other party to investigate the,matter. Y 7t►31 nti is rible for compliance with any requirements included in the-Contracl Documents the Contractor encounters a hazardous material or substance not addressryd in the 001.actcungfs and enable precautions will be inadequate to prevent foreseeable bodily injury or death to pelsQnsu rits al or substance, including but not limiteil�tt� asbestos sr -polychlorinated biphenyl (I'E$)�etic;the Contractor, the Contractor shall, neon recognizing the condition, immediately { stop Work a,.; report the condition to thw>t, e OConstruction Manager and Architect in writing. j.§'1.3.2 Upri " ctor's wntten nottee, tuts Owner shall. obtain the services of licensed laborator:i �. - f}vene material bsto ce reported by the Contractor and, in the event such:m; tetial or <:aubstatic is tlwndrr lip nt, to cause it to be ndered harmless. Unless otherwise required by tti contract <} Documents, flee tassli in writing to the Contractor, Construction Manager and rebitet the names and rIs t ies wi o are to perform tests, verifying the presence or absitt n -such material or subtati of rvht5 arc tti perfrarii the task of removal or safe containment of such materal osubstance. The onttaotor, the Cotir truction'Manager and the Architect will promptly reply to.:the 0W&r in writing stating whether or Rt': my ofthern has reasonable objection to the persons or entities proposed by tin; Owner, If the Contractor, ': �;3truc#on M itect has an objection to a person or entity proposed by the Owner, the Owner shall Y. se anotiYsrYe Contractor, the Construction Manager and the Architect have no reasonable objection.. the:.matenal or substance has been rendered harmless, Work in the affected area shall resumed upon written r' t dgreemerit of tho:Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract gum shali..,ba allcreased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. �*Jj 10.3.3 To the Adlest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, " -'Subcontractors, Contraction Manager, Architect, their 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 fronlperfonmance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such 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 not due to, the fault.or negligence of the party seeking indemnity:' § 10.3.4 The Owner shall not be responsibleuiider this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or si"bstaerces are required by the Contract Documents. The Qveriez shall be res ps.e stir ittutenals or substances required by the Contract Documents, except to the;extent of the Contractor's tlault or neglf$enee in the useanti"handling of such materials or substances. § 10.3.5 The. ContractoF: shall indemnify the Owner for the cost and expense the .Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. AIA Document A232TM — 2009 (formerly A201 TMCMa—1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. Init.WARNING: This Al a Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 31 AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents; e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 10.3.6 If, without negligence on the part of the Contractoir, the Contractor is held, able icy a government agoti f0f, the cost of rernediation of a hazardous Material or substaoc&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. - affecting safety of pers®ns or property, the `Contractcn s}ta:}i Wit, at iheContractor's d�stlretrous'�' h - : , ;eiicy , eatened damage, njury:or loss: dliiona�'listmpensatis�=or rrxtension�f #lme o}axmed l�y'ihe Gontr2ict�on :- ' _ account of an emergency shall be determined as provided in Article 13 and Article 7 11 INSURANCEAND 80NDS Contractor's Llabab Insurance 1.1 The Cpntract maintain to a eom an. _..o .. auihori' to. 1 purchase from and in P y r �ctripaib #�'`� - ' ess in tirisdi _ wliiclt the Project ir-ft ellAIM :g below hout ctf-ttr'relt from 111e id#ttvr's>operattons lidtilod tetrt>ns aittder hi @retractor iney be legally lialile, 4wh er suchoperatiors be l y the OdVao'thr ®r ley tra - y " directly or il'idir ctly employed bany of tbefti or'braIIyanez foir whose act *iya d" , be 1. Y. ers' compensation, disability benefit and other similar, OM OYee be�teftt' is xa 'tt 4 � a Work to be petformed; ; hecause ofbodily inlui') ot*eupational siidmewl.or disease, or death of the c . owes; because. of bod <igjur' s'61wess or d souse, vt'dealh of any person other than tli<i . _ z S. ees; liability a insured by usual lserso3 ak mlury coV012 , than to the Work Itself, because of injury to o destruction of tangible € �} ,other loss ofrise resii1tr71g #hmifro n; - 4; r =i 6 es because f lio40, injury; death of a person or property` damage artsin out o ance or use of a..mntorhic}e; and R£:: jury or:property damage arising out of completed operations, a � - t i oritractual liabit ty insurance applicable to the~ Contractor s i tigations imder ursttrfce re by Section 11.1=1 shall be written for not leas tiiai3 liiitits of liability specified in the d bylaw, whichever coverage is greater: Coverages, whether written on an occurrence nitad `. maintained without interruption from the date of coimnen&mer t of the Work until the Final pa termination of any coverage required to be maintained after finial payment and, with respect Z,-��Z,_hof e x meted opera€ions coverage, until the expiration of the period for correction of Work of #or otter por+ad' teiance of completed operationsi coverage as specified in the Contract Dcumeits Y 1erificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for �isiiIl tq #lie Ovfr with a copy to the Architect prior to commencement of Work and thereafter upon renewal tlr�iMtrfitt of eairequired policy of insurance. These certificates and the -insurance policies required by this tta 11.1 shall contain a provision that coverages afforded under the policies will nett be canceled or allowed to expire until -:least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing conliiauation of liability coverage, including coverage for completed operations; shall be submitted with the final _. Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage t �til the expiration of the time required by Section 1 l 1 � lrnformation concerning reduction of coverage shall be ftished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the cotniriercal Iiability coverage required by .the Contract Documents to include (1) the Construction Manager, th9,G6&Mktaon Manager's consultants, the Owner, the Architect, 4n the Architect's aS additional tiiS>#i kbQi`claims caused in whole or in part by the Contracts s_tleg agent acts or omissions .: z§ . ding ;the Contractor's cipera#ozrs.; and (2) the Owner. as an additional insured fo>t, elaia moused in whole or in part by y. the Go?itraar's neghpciit acts or omissions during the Contractor's completed operations. § 11.2 Owner's Liability Insurance § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Intl AIA Document A232T" - 2009 (formerly A20'1 TMCMa-1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and: International Treaties. Unauthorized reproduction or distribution of this 32 Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible f under the law. purchasers are not permitted to reproduce this document. To report copyright violations.of AIA Contract Documents, e-mail The American InMA.dn of arrh:foNe' tonal mn 1 —nv inht n .i. nm § 11.3 Property Insurance § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the. Project is located, property insurance written on a builder's risk "all risk" or equivalent policy ,form 'in the amount of the initial Contract Sum, plus value of -subsequent Contract modifrrAtions and cost of materials supplied or installed by others, comprising total value for the entire Project at the sitewor►. t0placement cost basis without optional deductibles. Such property insurance shall be maintained, unless provided in the Contract Documents or otherwise agreed in writing by all persons and ebtities who are bene ciaiies of such insurance, until final payment has been made as provided in Sectiono l"tintil no person or entity (idler than the Owner has an insurable interest in the property required by this Section t1.3 to be covered, : 74_ wl> ver is later. This insurance shall include interests of the Owner, the Conttract6i- ibcontractors and Sub subcontractors in the Project. 1113.1.1 Pr insure shall be on an "all-risk" or equivalent policy form and.shall.anclude, without liinitation,' uxance ag iti he p� f firs (with extended coverage) iindprtiysicaI loss or damage including, without di plication veragey. % vantWisii malicious mischicfrclatlapse, earthquake, flood, windstorm, €alsewoilt,:. testing and ` tip, totnb*iy buildings+and :debris removal including demolition occasioned by enforcement: of any F applicable l s req iiii rt .Shall cover reasonable compensation for the Architect's; Contractor's, and Co tstru�°' ana a and expenses required es a result of such insured loss. 77 § 113 fibre Q d tend to urchase suchproperty P insurance required by the Contract. and with all of the s > rq bed above, the Owner shall so inform the Contractor in writhig prior to cotae�'e T . e Contractor may then effect _insurances that will protect the .igterests of the Contractor, S q4 nt tors in the Work, and by apppp#4te Change Order the cost"thereof shall be ci i ti to®r wt + t; f the Cofactor is damaged by the fil ft"r neglect of the Owner to purchase or maintain r instictscii tt(Sove bout so notifying the Contracorin writing, then the Owner shall bear all reasonable costs proptii�y at�tble �ere�. §`11.3.1:3 if the property i tratim requ>res deductibles, the Owner shall pay costs not covered because 'ofsuch deductibles. § 11.314 Tlktis propQrt t<naui ace shall cover portions of the Work stored off the site,*04AM portions of the Work in trniis�: a` - 413. 1,&Parti4of (fancy o1r^use in accordance with Section 9.9 shall not commence until the insurance company or Vbmpanies proVWft. property insurance have consented to such partial occupancy or use by endorsement or -€itherwise The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or iipanibsggid-sball, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3:2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance -required by the Contract Documents or bylaw, which .shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner; Construction Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's, option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's propel Gy-•due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for 100s of use of the Owner's property, including consequend4l losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in WdUilg that insurance for risks other than those described lie ein or other special 7eauses ofloss be included in the property insurance policy, the Owner shall, if possible, ingJA a such insurance, and the cost thereof shall be charged to the Contractor, by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties; real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those 1.insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Init.AIA Document A232T — 2009 (formerly A201 T"CMa—1992). Copyright o 1992 and 2009 by The American Institute of -Arc hitei ts. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 33 / under the law. Purchasers are not permitted to reproduce this document To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property "insurance. A11 separate policies shall provide this waiver of subrogation by endorsemoutor otherwise. § 11.3.6 Before an exposure to loss may'•occur, the 0)6meushall filewith thetCongactora copy of each policy that surance coverages required, by this Section I L3.. Bach -policy shall contain .all generally applicable ' definitions, exclusions, and .endorsem6nts-retated to this PFgjeot: Bach policy shall ccintaxn a pi ovisian that ill not be canceled or allowed to expire, and that its limitsivill.not:be.reduced, un36 days.'.prioc wntten notice has been given to the'Contractor, Waivers of Subrogation. The Owner;and -Contractor waive all n at to (l eadi.other and any of their subcontractors, sub-su ntractors, agents and employees each ofthe other,d.) the Construction Manager, tect, Ar itect's ultants, separate .Contractors described ince, Yf any, and art of their subcontractors;. boon a . employees, .for da d s caused itx 4r A r. us. of log$ to: the �I tent coveted by erty m e ob to this Section11 3 fir.ifasuratrce applicable tQ the Work, expept rights Contractor may have: to -the pc e, of such, msui life heid:by ttie Owner as fididutsiar�f , wn n appropriate, shall require of the Construction.Manager„Conrstruetion Manager's ul it hit's consultants, Owner-:'.sseparate" contractors described inArticle-6, if.attx,.and: the . and 1 ees: af.azt of theta; by, appropriate .a ements, written where ilon 1, u n rs, agentsQy X' lar waivers each in favor of other parties enumerated herein. The policies shall _ Gov ion by endorsement or otherwise. A waiver of subrogation shall be effectiveas to a O r t person or -entity would ofiherwise have a duty -of indemnification, .contractual "or F lance premium directly or indirectly, awl' ether or not the person -or entity had an o •d>�i; aged. k i d owner's property iiilsu ce 11 be ad'listed by the Owner as fiduciary and made F R: y appear, to requirementsof an .ble to a Os as for the insureds, as thin ilriterests may a ar, subject req V sdpplioWe molt ee of Section 11 3 lt%,'Ihe Contractor shall a Subcontractors. their list sharesof Py lnsut proceed Y�*e Contra€tuand by appropriate agreemerrts; written where legally requited for valii}t, s13a1`regtire'�co;#ttarl; to make payments to their Sub -subcontractors in similar, manner 11> i�'�euired ,;�y a party in interest; the Owner as fiduciary shall, upon cicaeiuience of an insured loss, giVe f;� pro p ance of the Owner's duties. The cost of required bonds shall be charged against proceeds r receiid,s fiduci ary.e Oavrier shall deposit in a separate account proceeds sDseceived, which the Owner shall disi Z. ts:>uch agreement as the parties in interest may reach, or as determined in accordance with f>?ie nteQiodsaf h1 e resolution selected in the. Agreement between the Owner and Contractor. If after such loss .no shier spi;c ement is made and unless the Owner terminates the Contract for convenience, replacement of damagi►d>peit�t: Performed by the Contractor after notification of a Change in the Work in accordance with Article 7: § 11.3.44 TU Owner as fiduciary shall have.power to adjust and settle a loss with insurers unless one of the parties in interest lit ll, bject i ..riting within five days after occurrence of loss to the Owner's exercise of th-is power; if such otijectiori is made, theat ispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance proceeds in accordance with the direction of the arbitrators. ,.§ 11.4 Performance Bond and Payment Bond t § 11.4.1 The Owner shall have the right .to requtre:tfien[ractor to furnish bonds covering faithful performance at ;the 'Vet Contract and payment of obligations arising the as stipulated in bidding requirements or specifroaliy ruined in the Contract Documents on the date of exedu n of the Contract. tequest 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 o tLie.tionds or shall authorize a COPY to be -furnished: . Init. AIA Document A2321— 2009 (formerly A201 T CMa—1992). Copyright® 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this 34 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchaser: are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American lnetihda of Architer:ts' legal counsel, coovriohta(..aia.oro. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12AA If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing.by either, be uncovered prALeir observation and be replaced at the Contractor's expense without change in the Contract Time. N , Kti JU12 if portion of the Work has been covered which the Construction Manager or Architect leas ftot specifically . requested to observe prior.to its being covered, the Construction Manager or Architect may retluest to see such Work tthd Fall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of _-covering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall:'be at the Contractor's expense r am, unless the condition wasfsaused by the Owner or one of the other Contractors f r which event the Owner shall be . w � sl onsible fok aymeitf f l;uch costs. Coma It of Wofk ' `12 2.1 Bei13t k0ftAft * ttial Completion e Con for shall -pun "ptly' orrect Work rejected by the Construction Manager or Architect or failing to conform to the retLtiertientS p Cct Documents, whether discovered before or after Substantial Completion and whrvther41- it fait tad, d or completed. Costs of correcting such rejected Woik; including additional testing and d ons, test ring and replacement, and compensation for the Construction Manager's and Architect'. s services :and s made necessary thereby, shall be at the Contractor's expense. § 12.��After,.$tibstanttal >�4iitpl,, ' n § tt :1 In di, ditioali tor's obligations under Scedon 3:5, if, within one year after the date of Substantial CopYettbttscfthe or,:, R.led portion thereof of a#€erthe date for commencement of warranties established udder Section RAJ b fan livable a warranty required b the Contract Documents an of°the applicable h' q Y Y Work is found to be not mtdance with the t-squirements of the Contract Documents, the Contractor shall c.€trrect it promptly after re *t, o .-"tten notice* the Owner to do so unless the Owner has previously given the Contractor a written. aceepte sutxh condition. The Owner shall give such notice promptly: acr discovery of the eondit e=oii engird far correction of Work, if the Owner fails to notify they Contractor and give the C©rtft tertt.o ppoytnake the correction, the Owner waives the rights to requi`re correction by the Contractor . and to-nnake-a claim for breach of warranty. If the Contractor fails to correct non�oziforYning Work within a reasonable time 4#nng that period after receipt of notice from the Owner or Architect, the 0wher may correct it in accordance 4vr S60tion 2'.4 12.2.2.2 The one-year period 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- § 12.22:3 The one-year period for correction of Work shall not be extended by corrective Work performed by the '.onoottrrputsaant to this Section 12.2. §122 -3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors or. other Multiple Prime Contractors caused by the Contractor's correction or removal of Work that is>nat in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of lmutaton with respect to other obligatious,the Contraaerha$'under the Contract Documents. Establishment of thc otte-.year period for correction of. Work as described in Section 12.2.2 relates only to the specific obligaht?1 ' f the Contractor to correct: the Work and has.na relati6risl ip to the time within which the obligation to comply ysrith=the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically'to correct the Work. AIA Document A232TM — 2009 (formerly A201ImCMa—1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved: Init WARNING: This Al a Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this 35 Al a Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Cont et, oet me 5n the Owner may do so -instead of requiringits removal-and:correctiol4 in v�hicl :case the Contract Sum will -be reduced -as.- 3't n& :ld ac `wi�:df.�a ri or abgtiies= _ § 13.5 Illtil>u�ls 13.5.1 TA J< s�101% air approvals of portions of the Work shall be made as required by the Contract Documents hl as s, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless and by applida othe?vaded, the Contractor shall make arrangements for such tests, -inspections and approvals with an P laboratory entity P appropriate P ty� inde " tlac}e[It teg laborato or enti acceptable to the Owner, or with the a . r riate pub .authori and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and z. Architect timely notice of when and where tests and inspections are to be -made so that the Construction Manager:and Architect may.4 !e present for such procedures, The Owner shall bear costs -of (1) tests, inspections or approvals -that. do not Become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where'building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 1'3 5.2 If the Construction Manager, Arehitect� Owner or public authorities having jurisdiction dete I i!. - that portions of the Work require additional testing, inspection or approval not included under Section_ 115, 1V the Construction.lvlanager and Architect wi I, upon written authorizatiop ft- di the Owner, instruct theCtii tractor to make • �,. arran erri uch additi4aaal testing, inspection or approval by. an. entity acceptable to tlae veer, and the ;F g . Cara�a�rs. ; ve timer notice to the Construction Manager and Arcltiieet of wheat 'where tests and inspectis a zcie so that the Construction Manager and Architect may present for such procedures. Such coststls vided in Section 13.5.3, shall be at the Owner's expense: § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary Init. AIA Document A232TM — 2009 (formerly A201T"Chla—1992). Copyright ® 1992 and 2009 by The American Institute of AfOltocts All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 36 AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documbnts, e-mail The American 1-6f f- ..f e—n:rd-fe' 1—.;l rn.. 1 r rinhr(n Ala nm by such failure including those of repeated procedures and compensation for the .Construction Manager's. and Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required" by.the Contract ►e secured by the Contractor and promptly delivered to the Construction Manager for:transmittal to the ii'IC-;14 Construction Manager or Architect is to observe tests, inspections or appro,, r uted by the Contract he Construction Manager or Architect will .do so. promptly and; =.re prcltcble, at the normal place of or inspectipns conducted pursuant to the Contract Docuwift.sWl be made promptly to avoid lay in tie*ork. 1a AWN er:the Contract:Documents shall bear interest from ;the date payment.is due at such rate ' 3 ' 04 writing or, in the absence thereof, at the legal rate"prevailiiig from timeto time at the y 1 F cr. all commence all claims and: causes of action, whether in contract, tort, breach of Egg ising out of or related to the Cardract.in accordance.with=the requirements ted iAgreementwttinllie time period specified by applicable law, r theofSubs rttialCompletionHof be. Work."Tfhe "Ownerandtbe-ction not ec�. n rte�ed in accordance with this Section 13.7. - I tQRsSUSPENSION QF H CONTRACT nfr jor Ei iMy re*&Wte the, IContract if the Work is stopped for a period of 30 cmis,.. b days through fir a Subcontractor, Sub -subcontractor or their pats or t .0-Ab s or any oth>rr portions of the Work under director indirect contract �v1... t Contractor, for any of the vttg>asoas: _ 1 Issuance of an order of a court or other public authority havinglurisdction that requires all Work to be stopped•, Au aut I ration of national emergency;that requires all Work to be gtovemment, such as a decla stopped; .3 Decause the Construction Manager has not certified or the Architect has not issued a Certificate for Pay mentA nd-"laias not notified the Contractor of the reason for withholding certification as provided in S lain 9.4, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or A, Ae Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14:12 The Oontractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under . direct or indirect contract with the Contractor., repeated suspensions, delays or interruptions of the entire Work by the a Owner as described in Section 14.3 constitute in the aggiegate more than 100 percent of the total number of days, scheduled for completion, or 120 days in any 365�day:period, whichever is less. 14.1.3 If one of the reasons described imSecli6.n 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner, Constnichoti 1Vlanager and Architect, terminate the Contract and ..recover from the Owner payrtibnt i otk executed. including reasonable overhead and profit, costs incurred by reason of such termination, § 14.1.4 if the WVVr'k is stopped for a period of 60 consecutive days through an act or fault of the Contractor or a $ubcontractor or their agents or employees or any other persons performin.g portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional AIA Document A23270 —2009 (formerly A201 Tm Wa—1992). Copyright C 1992 and 20t19 by The American Institute of Architects. All rights reserved. Init WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproductlon or distribution of this 37 AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible . under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The AnWdban Institute of Architects' legal counsel, copyright@aia.org. .3 repeatedly disc dsapplicable laws ; a>tlte ; b1t tr c#ilefi, ttrl,� ld re�a€ipns, er lavt: to ' orders of a public authority, or .4 otherwi s guilty of substantial breach of a,pro�sr<an of the Cotrtmct Do6umed1g. f 22 ' y of . ve reasons exist; the Owner, a eensiltition wrth the Ctet aagera fica ' '' a cisioll lviaker that sufficaent Cause :xistk&:tq justify such anti,:may wil t pre t �#io ttt Cher r of the Owner and after giving the Cont actor and the CenLraotor'I ee aent 3lo nt'of the Coa# rands ; sulAM'602400 c , t'f om cite site and Ice:s&tta of akfoateria%vop% n. m and machinery ftreoa owned by the C6ntradrlii si t of, stiboontraots pursuant to section 5:4; and e y.whatever reasonable met64 the Owner may dmw expedt. �t*nershall furnish to thh trxcar a detailed a iwt3sts ads ';; Y ftnisitiitg the Work. s r Comet for one of the masons ted in Sc ion 14:2 i, the Co actor o unt until the W.orlr Is �ii�hed. 1_ r e.�t-p"d 3 the Contracttirrt exceeds cosY§.ftnishirg the York, i�iepensatingi` n anar's tect'.s stvit~es and expenses made necessary thereby; and r:&ides iricurreitl aia aia cis excess shall.be paid to the Contractor. If sucaad tfia7sgars excel M -the difference -to -the Owner. The amount to ta��aid1 the �ntrau�ror : l 1 case ,upon applacatircm be certifieii Eby tbe'lnitial Decisipn 11+Ia er after con5tatltation with tttoi ro Ind this obligation for payment shall survive teiariination of the Contract. t � 11 r for Convenience out cause, order the Contractor ifs -writing to suspend, delay -or intoriiupt -the Work in er to part Msci period oft ime as the Owner may determine. - f §; q OA the Contract Time shall be adjiitted for increases in the.cost�d tide caused by } de ' _ ` erruption as in Section 14.3.1. Adjustment of the Contract old act ail include profit. shall be made to the extent: t { iformance is, was or would have been so suspended, delayed or interrupted by another cause for w ich cite Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. § 1,� ermination By the Owner for Convenience AM The Owner may, at any time, terminate the Contract for,tlie Owner's convenience and without cause. ' fit#.4.2 Upon receipt of written notice from the Own such termination for the Owner's convenience, the gractor shall .1 cease operations as di'etc tl b iI he Owner in the notice; u t,, take actions necessary, sti thattlie Owner may direct, for the protection and prese cin of the Work, -acid except for Wont directed to be performed prior to the effective date oftcrixlmation stated in,the notice, xF k p p g _ � , + �� t rin ate all existing subcontracts and purchase orders and enter Into no further subcontracts and hase orders. y4 {�•s A!6 AIA Document A232TM — 2009 (formerly A2017mCMa—1992). Copydght.®1992 and 2009 by The American Institute of Architects. AILrights.reserved. Init. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 38 AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' leoal counsel. coovrioht cbaia.ora. A § 14A.3 In case of such termination for the Owner's zonvenienceic, the Contractor shall :be entitled to receive payment for Work executed, and costs incurred by:reason of such termination, along with reason Work not executed. able overhead and profit on the P5 CLAIMS AND DISPUTES lAnItion.A Claim isa den tand or assertion by mom,one of the parties seeleing, as a matter Qfrigld , payment of r other relief with respect to the. elms of.tiie Contract. The .tom ` Claim" also Qe W;!-s othac disputes and . . ranin question between the Owner. and Contrraetor arising ,out of orzalatu>gta the Cantc4r~t The responsibility to tiate Claims shall test with the party making the Claim. :1.2 Noti Gl ims IXy cttilei tho Owner or Contractor, musft— initiated by wi gmnotiee'to,the other and .to tia on Mo'er vi idi . copy sent to d Mft' tttion. Manager.aW AVNtec, if the tru r Ar xtect is: »cot Serving as t}te Mitxal 00,0 s on Maker. Claims fiy:either party must be ted r occurrence of the.event giving risjo to sdxcl :Claim.or within 21 daysifte 0,4heziaimant r a ving rise tea t#ie .Claim, whi�iever is later: �j n � r 1 itt eta rmance. Pending final resolution of a Claim, except as otherwise agted;d in writing Or Y " MOP le 14, the Contractor shall proceed diligently witld perforrnaAce. o *e Contract g 3" 0 make payments in accordance with the Cptttraet Doettments. -The Construction i� Maw will ders and the Architect will issue a die for Payment or ProjectCertificate for .: 1 Ctii P Yn 7 and _stile. decisions of the Initial Decision ;tker, * YI4 h foJ`r �n11 If the Contractor wds t make a Claim for an increase in the Contract Sum, en iY as ed h shall be given befote prtbeeding to execute the Work. Prior notice is not req `#or endan e-arising-under Section 10.3.prrty ... Ton Iipe 1. a to:tnake a Claim for an increase in the Contract Time, -wry Notice as provided g Yv etor's Claim shall include an estimate .of cost and cif lalrle effect, of delay on pro s nt'e Pti the case of a continuing delay only one Claim is nece;arys .5.1.3.2 Ifad itar 'onditions are the basis for a Claim -for additional time, such Claim shall be documented by data subs.: t°:weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had aft adverse effect on the scheduled construction. § 15.1.6 ClslMrts folr,Consequential Damages. The Contractor and Owner waive Claims against each other for conse4toontiai daboages 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. his mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination in accordance with Article 14. Nothing contained m this Section 15.1.6 shall be deemed to preclude an award of �_.. liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.:- § 15.2 Initial pecion sing under Sections 10.3, 10.4, 11.3.9, and 11.3 10, 15 2.1 deluding those arishall bdr referred to the Initial .. Decisionr tmtdal decision. The Architect will serve as the Initial Decision Maker; sunless otherwise indicated in the rlgieetnent. Except for those CIaims excluded by this Section 15.2.1, an iriitisI decision shalt be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with uo decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. Init. AIA Document A232� — 2009 (formerly A201 "'CMa—1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 39 / under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. A § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or mor&. of the following actions: (1) request addtricstt*I supporting data"frotn:[he"cla inatit di a res iise �v i�i ��por��g�1ta. from the other party, (2) reject t}te CW101 in v hole or in part, (3) approve l�latm; (#� s�ggest•a �r�;r��rs�, �r:(� advise the parties that the Initial Decision Maker is unable to. resolve the Claim if the Initial Deci4onrlvla€lcer dacics nformation to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the initial, F aker's sale discretion; it would be inappcbpnate fot the Initial Dectslat "ice to resolve the Clue evaluating Claims, the Initial itecisiota Nl r nay, but;shail not oblfg ted c4as i r Rh f an from either party of i 0ni`persoog with m t Cal'let Qv dge'�r `asses a I rendering a decision. The Initial Dectsioti' a r y ru4u'st the eta i3Nitltt 7e iet6 l ri bl starc#t NNW persons at the Owner's&xpense. Makor ret}vdat5 a PatY all respond, w-ithtn .tin porting data, (2) ad the Initiall)eeWoa M if any, the Initial 1)6 i s' er will render an til tial di�Gismu a provfng a rej�ct�ng die Claim, or trirligatingthat e ble .to resolve the...btu is Tindal decision sltull (1) b in uvtt€i> (�) static 1I re tlYe parties. and the Awhitdtlt: td IG tlStt et n M Er, if fine Archtteet or g as the Initial Decistvialcl r, ► .py chaW -tA the !t✓ontmt t $M or. Conti IVI all be final and binding din fire parties but subject to mediation and, if the patties mediation, to bit4i gdtoube resoin+tion. ?,ithe 1 si4rt at y . rtiZs mediation of uExt3�a deei ail. tiitue subject to the'tr� �o�f Seetui 1.6I 1 der 3t1 Sys from the date of an initial decision, dematid it �iat ate i�t Pam.... �:.. . ld tii OW initial decision. If such a demand is "made and thtIieiving the dearit ;y- �� the time required, then botlx_parties waive their ate or pursue hindiitg disp 8 ciiutioti s with respect to the initial dddiion. e' ' against ainst the Contractor, the Owner may, but is not obligated to, notify the surety, if any 1 th fr nets a Claim. If the Clain! relates to a possibility of a.Contractor's default, the Owner may, riot obbgated to; -no tify the surety and request the surety's assistance in resolving thecontroversy. § 15 .8 If a tes tor* - is the subject of a mechatuc's lien, the party asserting such Claim may proceed in a��c rd nce vi'A le law to comply with the lien notice or filing deadlines. "s a5.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived ` a pt, ed for in Sections 9.10.4, 9.10.5, and 1Sr. 1.6 shall be subject t4 mediation as .a condition precedent to binding : dispute resol Qn. ' § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbttrattotr Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Arid A request for mediation shall be made in wnttng, delivered to the other party to the Contract, and frl 4with.the person or entity administering the meciiatidllt ttie'' the filing of binding dispute resolution proceedings but, W such event, request may be made concurrently with mediation shall proceed in advance of -1) ding dispute resolution proceedings, which shall be atayecl niiing i dt ui i riod of 60 da5 #'ri the date of filing, unless stayed fora longer per>iad r agreement of the patties order arbitrat}ori is stayed pursuant to this Section 15.3.2, the parties rrra+giistheless.proceed to the 3� £ w�tti of tl tirator(s)' at>d agree upon a schedule for later proceedings § 16'..3'The parties shall share the mediator's fee and any ding fees equally. The mediation shall be held in the place' where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Init AIA Document A232TM — 2009 (formerly A201 mCMa—1992). Copyright 01992 and 2009 by The American Institute of Architects: /Ail -rights reserved. WARNING: This AJO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 40 AIA! Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taws. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 15.4 Arbitration § 15A.1 If the parties have selected arbiftion as the method for,binding dispute resolution in the ,Agreement, any Claim subject to, but not resolved by, rmedlatian shall; be subject to atbitration which, unless the parties mutually a otherwise>mii , shall be administered by the American Arbitration Associ?taon imaccordance with its Construction industry Bales in effect on the fiats of the Agreement. A demand for arbitration shall be made in writing, delivetd n t party o the Contra. attd filed with#he person or ontlty adminfstering the,azbitration Tlie pity filing a Yt� nud for arbitration must assert in the demand all Claims th pemn o be demanded. en known to that ch arbitration is } mac{ 4 1 A dernand for arbitration sh .. .t. made no earlier than concurrently wi tlt the' filing c�:a.request for me ation, but m no ev t shall it be nyadip ar#ter the date when the msh tuo�r ri� lepal or equitable proceedings based 3�i e- . g �,.. Claim Would be by thrx appitcable statute of ltn�itattonsoatute of litnttatiiins reties tof.a mde bX the tr: tsr en P►s�s, . P or tits admmistennge arbitration shall constitute tits institution of or equ pr basted orb die .Claim. J €4.2 r- e b t2i Y to or arbitrators shall bre foal, and judgment maybe entered upon it in l iu M eO Iaaving jurisdiction therecif 4Y to arbitrate and other agreements to arbitrate with an additional ` person or entity duly t t i t s4411 be specificallyenforceable under applicable law. in any court having J. s sty+ 600 may consolidate an arbitration conducted under this Agreement with any j pi Y dt d.that (l) tht arladration agreement governing the comer arbitration e 1 ttt5ns c ft6,1:tdaW substantially involve common questions of law 0 esumlMpc ceduraI rules and methods for selecting arbitrators} - § 151Inay include b Joinder persons or entities substantially itn +ojved in a eo Taw or vl cW presence is required if thacomplete relief is to beaccprdt ;ut arbitration, provided ' .: �:. d consents: in writing to such joinder: Consent to arb.1 i tion involving an additional tttute consent to arbitration of.any claim, dispute cur other'matter in question not the lien comet. - 9 an 7:4 ? bntractor t to gran y person or entity made a party to an arbitration conducted under this = xotb wbeffi'< joinder or consolidation, the same rights of joinder and consolidation as the Owner and Yn Aeement. 5 t M_ T t'A j snit AIA Document A232® reserved — 2009 (formerly A201'"CMa—1992). Copyright 01992 and 2009 by The American Institute of Architects. All rightsthis reserved WARNING; This AIA Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 41 / under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. CONTRACT DOCUMENTS As referenced in Contract No. 61-2014 Article §9.1.3 Contract No. 61-2014 shall consist of the below listed documents. Any inconsistencies in this Contract shall be resolved by giving precedence in the order in which the documents are listed below: (1) Neighborhood Stabilization Project Guidelines (and its attached Exhibits). (2) Project Program (and its attached Exhibits). (3) Owner's Additional Information. (4) Contract No. 61-2014. (5) A-232-2009 General Conditions. (6) Bid Specifications dated April 20, 2014, and any associated drawings and addenda. (7) Contractor's Response dated May 8, 2014, to Bid Specifications.