town of brownsburg indiana advertisement for bids · indiana law, a contract for the project shall...

Stephens Park Renovation Project #19-005-ST Town of Brownsburg, Dept. of Parks and Recreation Browning Day #18025 ©Browning Day

ADVERTISEMENT FOR BID 1

SECTION 00 11 13 – NOTICE TO BIDDERS

Town of Brownsburg Indiana

Advertisement for Bids Notice is hereby given that the Town of Brownsburg, Indiana (the “Town”) will receive sealed bids for the STEPHENS PARK (the “Project”) located at 605 S. Stephen Drive, Brownsburg, Indiana 46112, and further identified on the site layout included in the Bidding Documents, pursuant to the applicable provisions of Indiana Code, including, but not limited to, Indiana Code § 36-1-12 et seq. and Indiana Code § 5-16-13 et seq. The Project consists of, but is not necessarily limited to, the development of a playground structures, athletic courts, fencing, exercise equipment, pedestrian pavements, select site utilities, and the installation of a pre-fabricated restroom building at the 605 S. Stephens Drive Brownsburg, IN 46112. The detailed Bidding Documents are available via download from the Construction Manager Bidding Software. Please Contact Meyer Najem Construction, LLC to obtain electronic copies of the bidding documents. Plans are also available for public review at the Office of the Town Manager located at Town Hall, 61 North Green Street, Brownsburg, Indiana 46112. Sealed Bids must be received no later than 2:00 p.m. on Thursday, July 9, 2020, at the Town Manager’s Office at the Town of Brownsburg, 61 North Green Street, Brownsburg, Indiana 46112, at which time the sealed Bids will be opened and read aloud. The outside of the sealed envelope in which the Bid is enclosed, shall be clearly marked “BID – STEPHENS PARK”, and as otherwise set forth in the Bidding Documents. For special accommodations needed by individuals planning to attend the public bid opening meeting, please call or notify the Town Manager’s Office at (317) 852-1120 at least forty-eight (48) hours prior thereto. Any bid received after the time and date stated above will be returned, unopened to the bidder, no matter what date it was mailed. The Town and Brownsburg Parks and Recreation shall not be responsible for bids that are not received at the specific office location indicated above by the stated deadline.



It is the bidder’s responsibility to ensure adequate lead times are allowed for delivery. Bidders are responsible for obtaining complete sets of the Bidding Documents and assume the risk of any errors or omission in the Bidding Documents. Bidders are encouraged and responsible for visiting the Project site prior to submitting a bid for review of existing conditions. Bids must be submitted on the forms in the Bidding Documents, and must contain the names of every person or company interested therein, and shall be accompanied, by:

(1) A Bid Bond in the amount of ten percent (10%) of the total Bid amount, including any alternates, with a satisfactory corporate surety or by a certified check on a solvent bank in the amount of ten percent (10%) of the amount of the Bid. The Bid Bond or certified check shall be evidence of good faith that the Contractor will execute within ten (10) calendar days from the acceptance of the Bid, the contract as included in the Bidding Documents. The Bid Bond or certified check shall be made payable to the Town.

(2) A letter from a surety licensed to do business in Indiana and acceptable to the Town, evidencing proof of the ability to provide a performance and payment bond in an amount equal to one hundred percent (100%) of the Contract Price. The surety of the Performance Bond may not be released until one (1) year after the Town’s final settlement with the Contractor. (3) The Payment Bond is binding on the successful Bidder, the subcontractors of any tier, and their successors and assigns for the payment of all indebtedness to a person for labor and services performed, material furnished, or services rendered. The Payment Bond must state that it is for the benefit of the subcontractors, laborers, material suppliers, and those performing services for the project. The surety of the Payment Bond may not be released until one (1) year after the Town’s final settlement with the successful Bidder. (4) Properly executed Indiana Form 96 (revised 2013) prescribed by the Indiana State



Board of Accounts, including a financial statement, a statement of experience, a proposed plan or plans for performing the Project and the equipment the Bidder has available for the performance of the Project. (5) Non-Collusion Affidavit. (6) Certificate of General Liability Insurance and Worker’s Compensation Insurance Coverage in accordance with the Contract Documents. (7) Qualifications, a list of related project experience with pertinent project information and references provided by clients. All out-of-state corporations must have a certificate of authority to do business in the State of Indiana. Bidders must comply with all applicable legal requirements including, but not limited to, the antidiscrimination provisions, E-Verify provisions and the disqualification provisions under Indiana law. The Bidding Documents do provide for a liquidated damages clause to insure timely completion of the Project. In addition to all other references in the Bidding Documents and Contract Documents to laws and regulations applicable to the Project, Indiana Code § 5-16-13 et seq. applies to the project in addition to the provisions of the public works statute found in Indiana Code § 36-1-12 et seq. To the extent the two (2) foregoing statutes are inconsistent, the provisions of Indiana Code § 5-16-13 et seq., shall govern and the substance of its provisions shall be stated or incorporated by reference in the contract awarded for the Project. The Town reserves the right to accept any Bid, to reject any or all Bids, to reject Bids that do not meet the qualifications outlined in the Bidding Documents and/or to waive any formalities or irregularities in the bidding process or Bids received where such acceptance, rejection or waiver is considered to be in the best interest of the Town as determined by it in its sole discretion. The Town further reserves the right to reject any Bid where evidence or information submitted by the Bidder does not satisfy the Town that the Bidder is qualified to carry out the details of the Bidding Documents. The Town further reserves the right to reject all Bids should the Town determine in its opinion, based on Bids received, that the contemplated



construction costs is not economically feasible and/or that the proposed bond issuance for the Project cannot be completed on terms and conditions and with an interest rate that are acceptable to the Town. The Town reserves the right to hold any or all Bids for a period of not more than sixty (60) days after the date on which the Bids are opened and, for such sixty (60) day period, all such Bids shall be in full force and effect. Any Bid may be withdrawn prior to the scheduled closing time for the receipt of Bids but no Bidder shall withdraw a Bid within the sixty (60) days after the actual opening of the Bids. Except as specifically otherwise provided herein and as allowed by applicable Indiana law, a contract for the Project shall be awarded in accordance with this notice and applicable provisions of Indiana Code, including, but not limited to, Indiana Code 36-1-12 et seq. and Indiana Code 5-16-13 et seq., to the lowest responsible and responsive Bidder. The lowest responsible and responsive Bidder will be determined by the Town, after review of all pertinent matters, including, but not limited to, the Bidder’s submitted Bid and the Bidder’s experience with similar projects.

Administrative questions regarding this Project can be directed to Jonathan Blake, Assistant Director - Park Operations & Development, via email at [email protected] (Phone: 317-710-4738). For technical design questions or to obtain access to electronic copies of the bidding documents please contact Nick Geiger at Meyer Najem Construction, LLC, [email protected] (Phone: 317.577.0007).

mailto:[email protected]

mailto:[email protected]


INSTRUCTIONS TO BIDDERS 1

SECTION 00 21 00 – INSTRUCTIONS TO BIDDERS (AIA A701-1997) PART 1 - GENERAL

1.1. Instructions to Bidders

A. The terms for construction shall be stipulated in the Instructions to Bidders, AIA Document A701-2018.

B. References to Prime Contractors and within this Document shall be construed as referring to

the Contractor (Bidders).

C. Bids are to be held for 60 days from bid date.

END OF DOCUMENT

Document A701™ – 2018Instructions to Bidders

AIA Document A701™ – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:41:01 ET on 05/28/2020 under Order No.3009294474 which expires on 12/04/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (894191153)

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This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

FEDERAL, STATE, AND LOCAL LAWS MAY IMPOSE REQUIREMENTS ON PUBLIC PROCUREMENT CONTRACTS. CONSULT LOCAL AUTHORITIES OR AN ATTORNEY TO VERIFY REQUIREMENTS APPLICABLE TO THIS PROCUREMENT BEFORE COMPLETING THIS FORM.

It is intended that AIA Document G612™–2017, Owner’s Instructions to the Architect, Parts A and B will be completed prior to using this document.

for the following Project:(Name, location, and detailed description)

Stephens Park Renovation 605 S. Stephens Drive Brownsburg, IN 46112

THE OWNER:(Name, legal status, address, and other information)

Brownsburg Parks 402 E. Main Street Brownsburg, IN 46112

THE ARCHITECT:(Name, legal status, address, and other information)

Browning Day 626 N. Illinois Street Indianapolis, IN 46204

TABLE OF ARTICLES

1 DEFINITIONS

2 BIDDER’S REPRESENTATIONS

3 BIDDING DOCUMENTS

4 BIDDING PROCEDURES

5 CONSIDERATION OF BIDS

6 POST-BID INFORMATION

7 PERFORMANCE BOND AND PAYMENT BOND

8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS


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ARTICLE 1 DEFINITIONS§ 1.1 Bidding Documents include the Bidding Requirements and the Proposed Contract Documents. The Bidding Requirements consist of the advertisement or invitation to bid, Instructions to Bidders, supplementary instructions to bidders, the bid form, and any other bidding forms. The Proposed Contract Documents consist of the unexecuted form of Agreement between the Owner and Contractor and that Agreement’s Exhibits, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda, and all other documents enumerated in Article 8 of these Instructions.

§ 1.2 Definitions set forth in the General Conditions of the Contract for Construction, or in other Proposed Contract Documents apply to the Bidding Documents.

§ 1.3 Addenda are written or graphic instruments issued by the Architect, which, by additions, deletions, clarifications, or corrections, modify or interpret the Bidding Documents.

§ 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

§ 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents, to which Work may be added or deleted by sums stated in Alternate Bids.

§ 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from, or that does not change, the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

§ 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, as described in the Bidding Documents.

§ 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents.

§ 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment, or labor for a portion of the Work.

ARTICLE 2 BIDDER’S REPRESENTATIONS§ 2.1 By submitting a Bid, the Bidder represents that:

.1 the Bidder has read and understands the Bidding Documents;

.2 the Bidder understands how the Bidding Documents relate to other portions of the Project, if any, being bid concurrently or presently under construction;

.3 the Bid complies with the Bidding Documents;

.4 the Bidder has visited the site, become familiar with local conditions under which the Work is to be performed, and has correlated the Bidder’s observations with the requirements of the Proposed Contract Documents;

.5 the Bid is based upon the materials, equipment, and systems required by the Bidding Documents without exception; and

.6 the Bidder has read and understands the provisions for liquidated damages, if any, set forth in the form of Agreement between the Owner and Contractor.

ARTICLE 3 BIDDING DOCUMENTS§ 3.1 Distribution§ 3.1.1 Bidders shall obtain complete Bidding Documents, as indicated below, from the issuing office designated in the advertisement or invitation to bid, for the deposit sum, if any, stated therein.(Indicate how, such as by email, website, host site/platform, paper copy, or other method Bidders shall obtain Bidding Documents.)


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§ 3.1.2 Any required deposit shall be refunded to Bidders who submit a bona fide Bid and return the paper Bidding Documents in good condition within ten days after receipt of Bids. The cost to replace missing or damaged paper documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the paper Bidding Documents, and the Bidder’s deposit will be refunded.

§ 3.1.3 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the advertisement or invitation to bid, or in supplementary instructions to bidders.

§ 3.1.4 Bidders shall use complete Bidding Documents in preparing Bids. Neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete Bidding Documents.

§ 3.1.5 The Bidding Documents will be available for the sole purpose of obtaining Bids on the Work. No license or grant of use is conferred by distribution of the Bidding Documents.

§ 3.2 Modification or Interpretation of Bidding Documents§ 3.2.1 The Bidder shall carefully study the Bidding Documents, shall examine the site and local conditions, and shall notify the Architect of errors, inconsistencies, or ambiguities discovered and request clarification or interpretation pursuant to Section 3.2.2.

§ 3.2.2 Requests for clarification or interpretation of the Bidding Documents shall be submitted by the Bidder in writing and shall be received by the Architect at least seven days prior to the date for receipt of Bids. (Indicate how, such as by email, website, host site/platform, paper copy, or other method Bidders shall submit requests for clarification and interpretation.)

§ 3.2.3 Modifications and interpretations of the Bidding Documents shall be made by Addendum. Modifications and interpretations of the Bidding Documents made in any other manner shall not be binding, and Bidders shall not rely upon them.

§ 3.3 Substitutions§ 3.3.1 The materials, products, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution.

§ 3.3.2 Substitution Process§ 3.3.2.1 Written requests for substitutions shall be received by the Architect at least ten days prior to the date for receipt of Bids. Requests shall be submitted in the same manner as that established for submitting clarifications and interpretations in Section 3.2.2.

§ 3.3.2.2 Bidders shall submit substitution requests on a Substitution Request Form if one is provided in the Bidding Documents.

§ 3.3.2.3 If a Substitution Request Form is not provided, requests shall include (1) the name of the material or equipment specified in the Bidding Documents; (2) the reason for the requested substitution; (3) a complete description of the proposed substitution including the name of the material or equipment proposed as the substitute, performance and test data, and relevant drawings; and (4) any other information necessary for an evaluation. The request shall include a statement setting forth changes in other materials, equipment, or other portions of the Work, including changes in the work of other contracts or the impact on any Project Certifications (such as LEED), that will result from incorporation of the proposed substitution.

§ 3.3.3 The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect’s decision of approval or disapproval of a proposed substitution shall be final.

§ 3.3.4 If the Architect approves a proposed substitution prior to receipt of Bids, such approval shall be set forth in an Addendum. Approvals made in any other manner shall not be binding, and Bidders shall not rely upon them.


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§ 3.3.5 No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.

§ 3.4 Addenda§ 3.4.1 Addenda will be transmitted to Bidders known by the issuing office to have received complete Bidding Documents.(Indicate how, such as by email, website, host site/platform, paper copy, or other method Addenda will be transmitted.)

§ 3.4.2 Addenda will be available where Bidding Documents are on file.

§ 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids, except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

§ 3.4.4 Prior to submitting a Bid, each Bidder shall ascertain that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

ARTICLE 4 BIDDING PROCEDURES§ 4.1 Preparation of Bids§ 4.1.1 Bids shall be submitted on the forms included with or identified in the Bidding Documents.

§ 4.1.2 All blanks on the bid form shall be legibly executed. Paper bid forms shall be executed in a non-erasable medium.

§ 4.1.3 Sums shall be expressed in both words and numbers, unless noted otherwise on the bid form. In case of discrepancy, the amount entered in words shall govern.

§ 4.1.4 Edits to entries made on paper bid forms must be initialed by the signer of the Bid.

§ 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change" or as required by the bid form.

§ 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder’s refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall neither make additional stipulations on the bid form nor qualify the Bid in any other manner.

§ 4.1.7 Each copy of the Bid shall state the legal name and legal status of the Bidder. As part of the documentation submitted with the Bid, the Bidder shall provide evidence of its legal authority to perform the Work in the jurisdiction where the Project is located. Each copy of the Bid shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further name the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached, certifying the agent’s authority to bind the Bidder.

§ 4.1.8 A Bidder shall incur all costs associated with the preparation of its Bid.

§ 4.2 Bid Security§ 4.2.1 Each Bid shall be accompanied by the following bid security:(Insert the form and amount of bid security.)

§ 4.2.2 The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and shall, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. In the event the Owner fails to comply with Section 6.2, the amount of the bid security shall not be forfeited to the Owner.


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§ 4.2.3 If a surety bond is required as bid security, it shall be written on AIA Document A310™, Bid Bond, unless otherwise provided in the Bidding Documents. The attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of an acceptable power of attorney. The Bidder shall provide surety bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.

§ 4.2.4 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until (a) the Contract has been executed and bonds, if required, have been furnished; (b) the specified time has elapsed so that Bids may be withdrawn; or (c) all Bids have been rejected. However, if no Contract has been awarded or a Bidder has not been notified of the acceptance of its Bid, a Bidder may, beginning days after the opening of Bids, withdraw its Bid and request the return of its bid security.

§ 4.3 Submission of Bids§ 4.3.1 A Bidder shall submit its Bid as indicated below:(Indicate how, such as by website, host site/platform, paper copy, or other method Bidders shall submit their Bid.)

§ 4.3.2 Paper copies of the Bid, the bid security, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder’s name and address, and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

§ 4.3.3 Bids shall be submitted by the date and time and at the place indicated in the invitation to bid. Bids submitted after the date and time for receipt of Bids, or at an incorrect place, will not be accepted.

§ 4.3.4 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

§ 4.3.5 A Bid submitted by any method other than as provided in this Section 4.3 will not be accepted.

§ 4.4 Modification or Withdrawal of Bid§ 4.4.1 Prior to the date and time designated for receipt of Bids, a Bidder may submit a new Bid to replace a Bid previously submitted, or withdraw its Bid entirely, by notice to the party designated to receive the Bids. Such notice shall be received and duly recorded by the receiving party on or before the date and time set for receipt of Bids. The receiving party shall verify that replaced or withdrawn Bids are removed from the other submitted Bids and not considered. Notice of submission of a replacement Bid or withdrawal of a Bid shall be worded so as not to reveal the amount of the original Bid.

§ 4.4.2 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids in the same format as that established in Section 4.3, provided they fully conform with these Instructions to Bidders. Bid security shall be in an amount sufficient for the Bid as resubmitted.

§ 4.4.3 After the date and time designated for receipt of Bids, a Bidder who discovers that it made a clerical error in its Bid shall notify the Architect of such error within two days, or pursuant to a timeframe specified by the law of the jurisdiction where the Project is located, requesting withdrawal of its Bid. Upon providing evidence of such error to the reasonable satisfaction of the Architect, the Bid shall be withdrawn and not resubmitted. If a Bid is withdrawn pursuant to this Section 4.4.3, the bid security will be attended to as follows:(State the terms and conditions, such as Bid rank, for returning or retaining the bid security.)

ARTICLE 5 CONSIDERATION OF BIDS§ 5.1 Opening of BidsIf stipulated in an advertisement or invitation to bid, or when otherwise required by law, Bids properly identified and received within the specified time limits will be publicly opened and read aloud. A summary of the Bids may be made available to Bidders.


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§ 5.2 Rejection of BidsUnless otherwise prohibited by law, the Owner shall have the right to reject any or all Bids.

§ 5.3 Acceptance of Bid (Award)§ 5.3.1 It is the intent of the Owner to award a Contract to the lowest responsive and responsible Bidder, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents. Unless otherwise prohibited by law, the Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner’s judgment, is in the Owner’s best interests.

§ 5.3.2 Unless otherwise prohibited by law, the Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the lowest responsive and responsible Bidder on the basis of the sum of the Base Bid and Alternates accepted.

ARTICLE 6 POST-BID INFORMATION§ 6.1 Contractor’s Qualification StatementBidders to whom award of a Contract is under consideration shall submit to the Architect, upon request and within the timeframe specified by the Architect, a properly executed AIA Document A305™, Contractor’s Qualification Statement, unless such a Statement has been previously required and submitted for this Bid.

§ 6.2 Owner’s Financial CapabilityA Bidder to whom award of a Contract is under consideration may request in writing, fourteen days prior to the expiration of the time for withdrawal of Bids, that the Owner furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner’s obligations under the Contract. The Owner shall then furnish such reasonable evidence to the Bidder no later than seven days prior to the expiration of the time for withdrawal of Bids. Unless such reasonable evidence is furnished within the allotted time, the Bidder will not be required to execute the Agreement between the Owner and Contractor.

§ 6.3 Submittals§ 6.3.1 After notification of selection for the award of the Contract, the Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, submit in writing to the Owner through the Architect:

.1 a designation of the Work to be performed with the Bidder’s own forces;

.2 names of the principal products and systems proposed for the Work and the manufacturers and suppliers of each; and

.3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

§ 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

§ 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder’s option, withdraw the Bid or submit an acceptable substitute person or entity. The Bidder may also submit any required adjustment in the Base Bid or Alternate Bid to account for the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

§ 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect.

ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND§ 7.1 Bond Requirements§ 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder.


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§ 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

§ 7.1.3 The Bidder shall provide surety bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.

§ 7.1.4 Unless otherwise indicated below, the Penal Sum of the Payment and Performance Bonds shall be the amount of the Contract Sum.(If Payment or Performance Bonds are to be in an amount other than 100% of the Contract Sum, indicate the dollar amount or percentage of the Contract Sum.)

§ 7.2 Time of Delivery and Form of Bonds§ 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to commence sooner in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1.

§ 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond.

§ 7.2.3 The bonds shall be dated on or after the date of the Contract.

§ 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix to the bond a certified and current copy of the power of attorney.

ARTICLE 8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS§ 8.1 Copies of the proposed Contract Documents have been made available to the Bidder and consist of the following documents:

.1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor, unless otherwise stated below.(Insert the complete AIA Document number, including year, and Document title.)

.2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds, unless otherwise stated below.(Insert the complete AIA Document number, including year, and Document title.)

.3 AIA Document A201™–2017, General Conditions of the Contract for Construction, unless otherwise stated below.(Insert the complete AIA Document number, including year, and Document title.)

.4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:(Insert the date of the E203-2013.)

.5 Drawings


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Number Title Date

.6 Specifications

Section Title Date Pages

.7 Addenda:

Number Date Pages

.8 Other Exhibits:(Check all boxes that apply and include appropriate information identifying the exhibit where required.)

[ ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:(Insert the date of the E204-2017.)

[ ] The Sustainability Plan:

Title Date Pages

[ ] Supplementary and other Conditions of the Contract:

Document Title Date Pages

.9 Other documents listed below:(List here any additional documents that are intended to form part of the Proposed Contract Documents.)

AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:41:01 ET on 05/28/2020 under Order No.3009294474 which expires on 12/04/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (894191153)

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Certification of Document’s AuthenticityAIA® Document D401™ – 2003

I, Megan Clark, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 10:41:01 ET on 05/28/2020 under Order No. 3009294474 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A701™ – 2018, Instructions to Bidders, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)


BID CATEGORY SCOPE OF WORK SUMMARY

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SECTION 00 24 00 – BID CATEGORY SCOPE OF WORK SUMMARY

A. General Scope Items:

1. Bid Category #1 is responsible for All work necessary for the completion of the project, as documented both in the Contract Documents (Project Manual, Drawings, Etc.). Refer to specific scope below for coordination between Bid Category #1.

2. Review/Incorporate all drawings, general notes, and plan notes. 3. In addition to the Contract Drawings and Specifications, bidders shall include but not be limited to

the following items: Specification Sections: Division 00 (Complete) and Division 01 (Complete). 4. Throughout items listed below, many specific detail references are identified for informational

purposes. The detail references do not limit the scope of work and serve only to describe the scope of work for inclusion of all similar details within the bid for each Bid Category.

5. Reference and include additions/changes/deletions per updated/addenda documents issued from the Architect/Engineers.

6. Prime Contractor is responsible for full scope of documents. The following scope descriptions and project requirements pertain to the Prime Contractor (including any and all subcontractor).

7. All items listed below are to assist in coordination for bidder’s scope. It will be the bidder’s responsibility to coordinate their scope of work with the contract documents.

8. For all items listed below and terms ‘include’ and “provide” means “furnish and install” unless noted otherwise.

9. Notes or references to the “Contractor” within the documents apply to all Prime Contractor. 10. Any notes on the drawings or specifications that describe responsibility for work shall not be

utilized, exclusively, for determining scope of work requirements. These notes shall not be used to limit or exclude any scope of work. Responsibility for work shall be by the Prime Contractor unless specifically indicated within this section.

11. All bidders/prime contractor entering into a contract for this project are required to enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program.

12. Time and Material (T&M) work must be coordinated with the Construction Manager Daily. The Construction Manager shall be notified when work starts and is completed. Said work shall be signed off on daily by the Construction Manager. Any tickets that are not signed within (1) one working day of the work being performed, and or the Construction Manager was not notified of work starting/ending, shall warrant the Construction Manager’s rejection of noted costs.

13. Include approved licensing required to work in the project location, both local and state. 14. This project does NOT require prevailing, Davis-bacon nor union wages. 15. This project is Indiana Tax Exempt. 16. AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor,

Construction Manager as Adviser Edition. Then executed this agreement will become part of the Contract Documents.

17. AIA Document A310, “Bid Bond” is the form to be used for submittal with the bid. A copy of this document is available for review in both the Architect and Construction Manager’s office.

18. Review, reference and understand the project schedule. Educate all field personnel of phasing and Bid Category requirements indicated.

19. Bidders shall include required mobilizations and manpower to complete the scope of work, and in accordance with the pull plan schedule (reference LEAN Construction Requirements)



2

a. There will be no costs associated with re-mobilizations of work to the owner for out of sequence work as required for the success of the project as determined by the Construction Manager

20. Bidders will be in strict accordance with the project’s/owner’s tobacco policies. 21. Provide all trade specific permits, fees, inspection costs associated with this scope of work (as

applicable). 22. Bidders are responsible for means and methods of performing their work. Prime Contractor(s) are

responsible for providing all construction accessories, labor, accessibility, equipment, tools, hoisting, aerial aids, etc. to perform their work.

23. Bidders shall perform all work in strict accordance with all OSHA Rules and Regulations, and Silica Standard for Construction 1926.1153.

24. Bidders are responsible to purchase (as many as needed) their own set of construction documents for the construction of the project once awarded.

25. All bidders and bidder’s subcontractors, etc. will be required to check-in with Construction Manager prior to work activities of each individual day.

26. All control points and layout will be set by the Bid Category #1. 27. Escalation costs for all labor, materials, equipment, and consumables are included based upon the

anticipated project schedule. 28. Prime Contractors and any of their subcontractors while on site are responsible and required to

monitor and maintain the cleanliness of treads and tires on equipment and vehicles prior to

moving across roadways. Should any debris, dirt etc. be tracked out of the work site, the Prime

Contractor which caused the disturbance is responsible for proper removal and clean up. Failure to

comply resulting in the Construction Manager having to clean streets on behalf of the bidder, the

cost of cleanup will be the responsibility of the bidder which caused the disturbance.

29. The usage of this site will be tightly controlled by the Construction Manager. All operations shall be

approved by the CM and planned in advance to minimize disruptions to the adjacent public spaces.

30. All bidders are to make effort to take steps even beyond what is listed in this section and

elsewhere in the documents to ensure that the surrounding areas remain safe, quiet, clean, and in

general minimally disrupted.

31. All bidders are responsible for controlling dust and dirt by whatever means necessary to prevent

airborne dust generated from earthwork operations, concrete sawing, or any other procedures.

Each bidder performing earthwork activities (excavations, mass grading etc.) shall maintain moist

soil by watering during excavation periods and as required to mitigate dust.

32. Operation of any construction equipment (those vehicles/equipment that are not legal to operate on streets) outside of construction fence/limits is prohibited without specific approval from the Construction Manager. If approved the equipment/vehicles must be accompanied by a person walking next to the equipment/vehicle flagging to ensure that the equipment does not affect adjacent public pedestrian and vehicle traffic.

33. Work which causes noise disturbance to surrounding areas is limited between 7:00 am to 9:00 PM, without specific and written prior approval from CM. Work outside this timeframe must be submitted and approved prior.

34. Any bidder which desires to put a trailer or store material on site must do so with the approval of the Construction Manager, and at location as directed by Construction Manager. (Cost of installing, disconnecting and usage of any electricity shall be borne bidder requiring such services)



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35. Bidders shall take all precautions to not impact or disrupt the activities and operations of adjacent spaces. All work must accommodate the required access and egress to the existing buildings/amenities. All pedestrian and vehicles egress and access that are adjacent to the work of this project shall be continuously maintained throughout the duration of this work. Each Bidder is responsible for providing their own traffic control measures as necessary/required.

36. When working on, near or adjacent to finished, protect those surfaces from damage. Damages caused will be repaired at the cost of the Prime Contractor/Bidder causing the damage and not the Owner or Construction Manager.

37. It is the responsibility of each bidder to provide clean materials and equipment at the time of

project turnover. Bidders must protect their work from damages caused by other scopes of work.

Negligence to protect said work will result in no cost reimbursement of said items.

38. Bidders will be subject to the following media and promotional guidelines as it applies to the project. Company Logos will not be allowed on materials, trailers, fencing, storage facilities, etc. unless approved in writing by the Owner and Construction Manager. Furthermore, bidders or bidder’s subcontractors are not permitted to advertise or feature the project by website, television, newspaper, magazine, social media or any other promotional or media output unless specifically approved in writing by the Customer and the Construction Manager.

39. All pumping necessary to keep excavations and trenches free from water during the entire progress of this work shall be the responsibility of the bidder who is responsible for said excavations and trenches. This excludes groundwater remediation. Water shall be discharged per the approved SWPPP. Clean up of sediment around storm water control measures as required.

40. All utility, mechanical, electrical, shutdowns and switchovers shall be scheduled in advance and performed during off hours or during hours approved by the Town of Brownsburg and Construction Manager to limit disruptions to daily operations of the Town.

41. Bidders performing excavations greater than 12” in depth are responsible for calling/requesting

utility locates. Construction Manager will not request utility locates, bidder performing the

excavation must request the utility locates.

42. This project will utilize Lean Construction Principles and will require all bidders to attend pull

planning sessions/scheduling, weekly foreman meetings, daily huddles per the Project Manual.

43. Bidders are responsible for reviewing and understanding existing conditions and construction

phasing.

44. Materials, debris, excess soils, excavated soils etc. hauled off site shall be hauled in accordance

with regulations and disposed of legally. Each bidder is responsible for removal of their own spoils

from the project site.

45. Temporary facilities, power, water, heating, “winter conditions”, security, storage, and/or any other requirement to complete the scope of work shall be included as required and per schedule requirements.

46. All bidders shall note any instance where additional detailing or information is necessary prior to proceeding with any work. These conditions should be communicated by the bidder prior to bid submission.

47. Include all materials and labor for mock up conditions if required per drawings and specifications. 48. Each bidder is responsible for all submittals, shop drawings, samples, closeout documentations,

demonstrations and training required by the project. Submittals and Shop Drawings documents



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shall be submitted/provided in accordance with the project activities to not delay material acquisition etc.

49. Each bidder is responsible for receiving, unloading, and staging of materials provided and or installed by their scope.

50. Provide all testing and quality control measures per the applicable specifications. Third party testing will be provided by others.

51. After construction, Record Drawing information is required to be submitted in the proper format. Record drawings shall be submitted in accordance to the Town if Brownsburg requirements and noted within project manual.

52. Removal of all temporary protections, enclosures, facilities, equipment, etc. is the responsibility of the Contractor who installed the protections/facilities unless noted otherwise.



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BID CATEGORY #1 – GENERAL TRADES Scope Specific Inclusions: All work per Specification Sections

Divisions 00 & 01 Complete

Section 024119 Selective Site Demolition

Section 031000 Concrete Formwork

Section 032000 Concrete Reinforcement

Section 033000 Cast in Place Concrete

Section 042000 Unit Masonry

Section 044200 Exterior Stone Cladding

Section 044313.16 Adhered Stone Masonry Veneer

Section 079200 Joint Sealants

Section 116800 Playground Equipment and Structures

Section 133423 Fabricated Structures (Restroom Building)

Section 260500 Basic Electrical Requirements

Section 260519 Low Voltage Electrical Power Conductors and Cables

Section 260530 Conduits

Section 260534 Boxes

Section 260553 Identification for Electrical Systems

Section 262726 Wiring Devices

Section 265601 Exterior LED Site Lighting

Section 310005 Earthwork

Section 312116 Trenching Backfilling and Compaction for Utilities

Section 312323.33 Flowable Backfill

Section 312500 Erosion and Sediment Control and Stormwater Pollution Prevention

Section 320110 Paving and Surfacing

Section 321313 Concrete Paving

Section 321373 Concrete Paving Joint Sealant

Section 321713 Parking Bumpers

Section 321723 Pavement Markings

Section 321726 Tactile Warning Surfacing

Section 321816.13 Playground Protective Surfacing

Section 329113 Soil Preparation

Section 329200 Turf and Grasses

Section 329300 Plants

Section 330110.58 Disinfection

Section 330130.13 Testing Sanitary Sewers and Force Mains

Section 330507.13 Trenchless Excavation – Directional Drilling

Section 331417 Water Services

Section 333123 Force Main Sewer Systems

Section 333216 Grinder Pump

Section 334100 Storm Sewer Systems

Section 334616.19 Underdrains

Section 334732 Bioretention



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Work Included but not limited to: (Provide all material, labor/installation, and equipment for the following, unless noted otherwise below)

53. All work/responsibilities as listed in the General Scope Items “General Scope Items” which applies

to this bid category. 54. Fabricate, deliver, and install restroom building structure per plans and specifications. 55. Install temporary roads and/or required mats for the install of the restroom structure. 56. Include all labor, materials, hoisting, and equipment required to install structure. 57. This bid category is responsible for entire fabricated structure and MEP Systems, fixtures, piping,

accessories, equipment contained within. 58. Utility stub ups, main services to building, and final connections to MEP infrastructure system. 59. Coordinate rough in requirements with restroom building supplier to ensure building utility

services are installed to building in correct locations. 60. Bidder has visited the project site and is aware of existing conditions. 61. Notify all utility companies and coordinate all work with respective utility company. 62. Perform all required testing for systems/infrastructure installed by this Bid Scope. 63. This Bid Category is responsible for all work indicated on bid documents and specifications. 64. Provide all infrastructure testing for system to be installed. 65. Site Demolition as noted and required for new work. 66. Site Clearing 67. Ensure streets remain clean during the duration of this scope, clean as required. 68. Regrading and smoothing out of ruts caused by equipment. 69. Responsible for all rough and finish grading for site, includes placement of material per grading

requirements. This scope of work is responsible for all grade elevations, cut/import of materials (fill, top soil, etc.) required to accommodate site grading and subgrade elevations.

70. Prefabricated restroom building structure to be provided and installed by this bid category. a. Responsible for the aggregate subbase for prefabricated building. Provide and install utility

stub ups to prefabricated building location including electric, sanitary, water utilities, stubbed up within the utility rough in/block out within the prefabricated building. Coordinate Utility stub ups with the rough in requirements of the prefabricated building supplier, refer to fabricated restroom structure drawings and specifications for coordination information.

b. Final connections between the prefabricated building water, sanitary and sewer systems to the utility stubs ups.

c. Provide and install stone and mats required for restroom building installation d. Required concrete infill of access point(s) in utility area of restroom building

71. Includes material and placement of all rough grade and finish grade material, topsoil, backfill, etc. 72. Coordinate with Construction Manager and testing agency during sub grade testing. Provide tri-

axel for testing purposes. 73. Backfill of all site concrete. 74. Responsible for erosion control. Furnish install a complete erosion control system as required by

the contract documents and local requirements. 75. Develop, install, maintain, remove (at direction of Construction Manager), and complete inspection

reporting of erosion control, per SWPPP for the duration of the project. 76. Provide, install, and maintain and remove construction entrance per SWPPP requirements.



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77. Coordinate installation of silt fencing with the location with proposed utility installations and temporary construction entrance, fencing, gates that will surround the property boundaries.

78. Include removal of all temporary erosion control measures and correction of disturbed area from removal on a timetable as directed by the Construction Manager.

79. Install all utilities per state and local town/county standards. 80. Protect all existing utilities (water main, gas main, storm lines, overhead power lines and telecom

services). 81. Coordinate with local utility providers and Construction Manager to perform all required utility

taps into existing utilities. 82. Excavation and backfill for utilities. 83. Provide and install all proper materials for utility trench backfill including all recommended lifts

with proper compaction to meet AHJ requirements. 84. All excess spoils from utility work excavation if not utilized to be hauled off-site to a suitable

location (include hauling permit if required). 85. Furnish and install a complete sanitary sewer system as shown and required to comply with local

requirements as well. 86. Provide and install all complete storm sewer system as noted. 87. Protect all new storm piping and structures. Clean system if protection measures fail. 88. Provide and install all domestic water system (includes all piping, valves, connections, boring,

meter, etc. for a complete installation). 89. Include installation of electrical conduit where shown. Coordinate Electrical service to building with

electrical utility provider. 90. Install required grinder pump for sanitary system. 91. Perform test and disinfect of water system as required by utility company. 92. Provide and install thrust blocking as required. 93. All joint sealants, exterior.

94. All Landscaping. Refer to landscape and civil plans and details for additional information and

requirements. Include all sodding, plantings, trees, erosion control blankets etc. where indicated.

95. Base bid is to include maintenance and watering of all landscaped areas for 60 days following

substantial completion.

96. Fine Grading. 97. All site concrete, curbs, walks, pavement. Including. Include all reinforcing, tooling, dowels, bars,

concrete accessories, etc. required for complete installation. Excavation for all site concrete. 98. All forming and placement methods (pumping etc.) for concrete operations as needed. 99. Provide concrete washout (include maintenance) for site concrete activities. 100. Architectural finishes of concrete, smooth forms or other types as defined on the documents. 101. Include all expansion, curing materials, hardener/sealers, etc. for complete installation. 102. Provide and install stone base required or shown under/at all concrete locations. 103. Tooling of all control joints at concrete pavement, curbs and sidewalks as required by plans/details

and town standards. 104. Install the following owner provided items:

a. Bike Racks b. Play Equipment c. RAM Shelter



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d. Site Furnishings – Benches, Tables, Trash Receptacles, Dog Waste, etc. 105. All Fencing / Screening

a. Black Vinyl Fencing: Gates, Posts, Accessories, Foundations, etc. b. Coordinate Gate Hardware requirements with Town of Brownsburg Security Provider.

106. Where demolition activities or site disruptions have occurred restore/infill those areas back to adjacent finishes/installations.

107. Provide, service and maintain temporary job site toilets for duration of project. Include quantity sufficient to handle personnel on site.

108. This bid category is responsible for providing Construction Trailer adequate in size to accommodate Construction Manager and General Trades Contractor. Size to be a minimum of 10’x50’ (must have two separate office areas and one central meeting area). All usage fees, electrical service, sanitary services, etc. to trailer. Maintain trailer services for the duration of the project. Coordinate trailer location with Construction Manager prior to placing trailer on site.

109. Provide temporary stone with Geotech fabric for parking area that is to be 100’ x 150’. Location to be directed by construction manager.

110. This bid category is to provide temporary fencing for the construction site. Fence to utilize sandbags for support.

END OF SECTION


SCHEDULE 1

SECTION 00 31 13 – SCHEDULE

1. Refer to requirements under 01 32 00 Lean Construction Requirements. Detailed scheduling and project specific durations etc. will finalized during these meetings.

2. Prime contractor to provide a detailed schedule to construction manager within 2 weeks of contract award date. Schedule to meet the 180 calendar days as stipulated below.

3. Bid Category #1 – General Trades a. Anticipated Contract Award 7/24/2020 b. Mobilization 2 Weeks following Contract Award. c. Substantial Completion 180 Calendar Days following Mobilization

PART I

(To be completed for all bids. Please Type or Print) Date (month, day, year):__________________

1. Governmental Unit (Owner): ____________________________________________

2. County: ____________________________________________________________

3. Bidder (Firm): _______________________________________________________

Address: ______________________________________________________________

City/State/Zipcode: ______________________________________________________

4. Telephone Number: ___________________________________________________

5. Agent of Bidder (if applicable) : __________________________________________

Bid Category: ______________________________________________________

Pursuant to notices given, the undersigned offers to furnish labor, equipment, and/or

mateiral necessary to complete the public works project of Brownsburg Parks : Stephens

Park in accordance with contract documents.

For the sum of_____________________________________________________________ (sum in words)

___________________________________________($____________________________)

Sum in Figures

The undersigned further agrees to furnish a bond or certified check with this bid for an amount 5% of bid amount. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page.

ALTERNATE(S)

1. Alternate #1 – Custom masonry column wraps at shelter –

a. (Circle which Applies) Add / Deduct: $__________________

2. Alternate #2 – Colored concrete pavment in fitness area -

a. (Circle which Applies) Add / Deduct : $__________________

3. Alternate #3 – Maintenance and watering of all sodded areas for 300 additional days -


4. Alternate #4 – Irrigation system -


BIDDER ACKNOWLEDGEMENT

1. Project Manual: Refer to the Project Manual (complete). Bidder is responsible to review and abide by all items listed within the Project Manual. Verify that you, the bidder has reviewed the documents listed within the Project Manual and have included all stipulations including but not limited to: contract agreement, general conditions, insurance requirements, execution of work, progress payments, etc.

Yes _______ No_______

2. Schedule: Refer to the Project Manual – 00 31 13 - Schedule. By submitting your bid proposal, you, the bidder are in agreement with durations, and dates outlined, based upon your scope of work submitted herein:

Yes _______ No _______

3. Scope of Work: Bidder acknowledges Bid Category Scope of Work Summary (Refer to Section 00 24 00).

Yes________ No _______

4. Refer to Instructions to Bidder AIA A710, Article 2, Paragraph 2.1.3: Bidder and all of its subcontractors, whatever tier, whose respective contract is equal to or in excess of $300,000 shall be qualified by the Indiana Department of Administration befor performing any work.

Yes________ No _______

5. Addenda: Bidder acknowledges receipt of addenda issued to the contract documents (drawings, specifications, contract manual): Reviewed

a. Addenda #__: Date Issued: _____________ Yes _____ No _____ b. Addenda #__: Date Issued: _____________ Yes _____ No _____ c. Addenda #__: Date Issued: _____________ Yes _____ No _____ d. Addenda #__: Date Issued: _____________ Yes _____ No _____

The contrator and his subcontractors, if any, shall not discriminate against or intimidate

any employee, or applicant for employment, to be employed in the performance of this contract,

with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry.

CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable)

I, the undersigned bidder or agent as a contractor on a public works project, understand

my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). I hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in foreitrue of contractual payments.

ACCEPTANCE

The above bid is accepted this _______________day of ______________, _________,

subject to the following conditions: ________________________________________________

____________________________________________________________________________

Contracting Authority Members:

______________________________________ _____________________________________

______________________________________ _____________________________________

______________________________________ _____________________________________

PART II

(For projects of $150,000 or more – IC36-1-12-4)

Governmental Unit: _____________________________________________

Bidder (Firm): _____________________________________________

Date (month, day, year): __________________________________________

These statements to be submitted under oath by each bidder with and as a part of his

bid. Attach additional pages for each section as needed.

SECTION I EXPERIENCE QUESTIONNAIRE

1. What public works projects has your organization completed for the period of one (1) year

prior to the date of the current bid?

Contract Amount Class of Work Completion Date

Name & Address of Owner

2. What public works projects are now in process of contruction by your organization

Contract Amount Class of Work Expected Completion Date

Name & Address of Owner

3. Have you ever failed to complete any work awarded to you? _______ If so, where and why?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

4. List references from private firms for which you have performed work.

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE

1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable governmental unit to consider your bid.)

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. ______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. ______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. ______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. ______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

SECTION III CONTRACTOR’S FINANCIAL STATEMENT

Attachment of bidder’s financial statement is mandatory. Any bid submitted without said

financial statement as required by the statute shall thereby be rendered invalid. The financial

statement provided hereunder to the governing body awarding the contract must be specific

enough in detail so that said governing body can make a proper determination of the bidder’s

capability of completing the project if awarded.

SECTION IV CONTRACTOR’S NON – COLLUSION AFFIDAVIT

The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor

has any other member, representative, or agent of the firm, company, corporation or partnership

represented by him, entered into any combination, collusion or agreement with any person

relative to the price to be bid by anyone at such letting nor to prevent any person from bidding

nor to include anyone to refrain from bidding, and that this bid is made without reference to any

other bid and without any agreement, understanding or combination with any other person in

reference to such bidding.

He further says that no person or persons, firms, or corporation has, have or will receive

directly or indirectly, any rebate, gift, commission or thing of value on account of such sale.

SECTION V OATH AND AFFIRMATION

I HEREBY AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE FACTS AND

INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE

AND CORRECT.

Dated at _________________ this ______________ day of _____________________, ______

_____________________________________________ (Name of Organization)

By___________________________________________

____________________________________________ (Title of Person Signing)

ACKNOWLEDGEMENT

STATE OF ___________________)

) SS

COUNTY OF _________________)

Before me, a Notary Public, personally appeared the above-named __________________________ and

swore that the statements contained in the foregoing document are true and correct.

Subscribed and sworn to before me this ____________ day of ________________, ________.

____________________________________________ Notary Public

My Commission Expires: _____________________

County of Residence: _______________________

Part of State Form 52414 (R2 / 2-13 / Form 96 (Revised 2013)

BID OF

_________________________________________________ (Contractor)

_________________________________________________ (Address)

__________________________________________________

FOR

PUBLIC WORKS PROJECTS

OF

_________________________________________________

_________________________________________________

_________________________________________________

Filed ________________________________, ___________

Action taken __________________________________________

_____________________________________________________


SCHEDULE OF SUBCONTRACTORS, MANUFACTURERS, AND PRODUCTS 1

SECTION 00 43 30 - SCHEDULE OF SUBCONTRACTORS, MANUFACTURERS, AND PRODUCTS

1.1 SUMMARY

A. List Subcontractors, Suppliers or Manufacturers and Products to be employed on the

Project and send to Construction Manager within 24 hours after receipt of Bids.

CONTRACTOR: DATE:

List Subcontractors and others proposed to be employed on the above Project as required by the bidding

documents. (To be filled out by the Contractor and returned to the Construction Manager).

SPECIFICATION SECTION AND TITLE SUBCONTRACTOR MANUFACTURER /

SUPPLIER

PRODUCT

DIVISION 03 - CONCRETE

03 30 00 SITE CAST IN PLACE CONCRETE

DIVISION 13 – FABRICATED STRUCTURES

13 34 23 FABRICATED STRUCTURES

DIVISION 26 – ELECTRICAL

26 00 00 ELECTRICAL

DIVISION 31 - EARTHWORK

31 00 05 EARTHWORK

31 25 00 EROSION CONTROL


SCHEDULE OF SUBCONTRACTORS, MANUFACTURERS, AND PRODUCTS 2

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 00 00 GRANULAR BASE

32 13 13 CONCRETE PAVING

32 92 00 TURF AND GRASSES

32 93 00 PLANTS

DIVISION 33 - UTILITIES

33 14 17 WATER UTILITY

DISTRIBUTION PIPING

33 31 23 SANITARY UTILITY SEWERAGE

FORCE MAIN


BIDDER’S CHECK LIST 1

SECTION 00 43 93 – BIDDER’S CHECK LIST NAME OF BIDDER

BIDDER REMINDER LIST TO BE COMPLETED AND INCLUDED

IN BID PACKAGE FOR REVIEW AT BID OPENING

YES NO

Have you properly and completely executed the

Form 96 (Format) Bid Form?

Have you included your company's Financial

Statement (Part II, Sect III)?

Note that the Non-Collusion Affidavit is part of the

new Bid Form and is to be notarized.

Have you included a certified check or Bid Bond?

(Note: The bond must be signed by Surety and

Principal)

Have you indicated the Project Name, Bid Category

No., and Description on the outside of

your Bid envelope?

Refer to Instructions to Bidders AIA A710, Article 2, Paragraph 2.1.6: The bidder and all of its subcontractors, whatever tier, whose respective contract is equal to or in excess of $300,000 shall be qualified by the Indiana Department of Administration before performing any work.

Have you included proof of the ability to provide insurance per applicable coverage limits stated in documents?

NOTE: IF ANY OF THE REQUIRED BIDDING DOCUMENTS ARE NOT INCLUDED, DATED, OR PROPERLY EXCECUTED, THE CONTRACTOR’S BID MAY NOT BE ACCEPTED.

END SECTION


SAMPLE A132-2009 CONTRACT AGREEMENT

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SECTION 00 52 00 – SAMPLE A132-2009 CONTRACT AGREEMENT PART 1 - GENERAL

1.1. AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition.

1.2. When executed, this agreement will become a part of the Contract Documents.

END OF DOCUMENT

Document A132™ – 2009Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition

Init.

/

AIA Document A132™ – 2009 (formerly A101™CMa – 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:58:30 ET on 06/15/2020 under Order No.3009294474 which expires on 12/04/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (827542380)

1

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This document is intended to be used in conjunction with AIA Documents A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132™–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132™–2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. ^AIA Document A232™–2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

AGREEMENT made as of the day of in the year (In words, indicate day, month and year.)

BETWEEN the Owner:(Name, legal status, address and other information)

Town of BrownsburgHendricks County, Indiana 61 North Green StreetBrownsburg, IN 46112

and the Contractor:(Name, legal status, address and other information)

for the following Project:(Name, location and detailed description)

Stephens Park Renovation (the "Project") 605 S. Stephens DriveBrownsburg, IN 46112The Project for which the Work shall be performed under the Contract Documents is generally described on the Summary of the Work.

The Construction Manager:(Name, legal status, address and other information)

Meyer Najem Construction LLC an Indiana limited liability company 11787 Lantern Road, Suite 100Fishers, IN 46038

The Architect:(Name, legal status, address and other information)

Browning Day 626 North Illinois Street Indianapolis, IN 46204

The Owner and Contractor agree as follows.

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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

7 TERMINATION OR SUSPENSION

8 7 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS8 ENUMERATION OF CONTRACT DOCUMENTS

9 EXHIBIT A – SUMMARY OF WORK

10 INSURANCE AND BONDSEXHIBIT B – DETERMINATION OF COST OF WORK

EXHIBIT A DETERMINATION OF THE COST OF THE WORK

ARTICLE 1 THE CONTRACT DOCUMENTSThe 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 9.8. The Contractor represents and agrees that it has carefully examined and understands this Agreement and other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it has to be performed, and that it enters into this Agreement on the basis of its own examination, investigation, and evaluation of all such matters and not in reliance upon any opinions or representations of the Owner, the Architect, or any of their respective officers, agents, servants, or employees. This Agreement and the Contract Documents are intended to supplement and complement each other and shall, where possible, be so interpreted. However, if any provision of this Agreement irreconcilably conflicts with a provision of any other Contract Documents, the provision granting greater rights or remedies to the Construction Manager and/or the Owner, or imposing a greater duty, standard, responsibility or obligation on the Contractor shall govern. The Contractor shall be bound by each of the Contract Documents as if the text of each were written verbatim into this Agreement.

ARTICLE 2 THE WORK OF THIS CONTRACTThe 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.

§ 2.1 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.

§ 2.2 The Contractor represents to the Owner that all of the Work shall be performed for the Contract Sum set forth in Article 4 hereof, unless a change in the Work is approved in accordance with this Agreement. A change in the Work is not warranted if the applicable portion of the Work was reasonably inferable from or contemplated by, or a prudent contractor should have realized that such work was necessary or appropriate under the Contract Documents. During performance of the Work, the Contractor agrees to use its best efforts, exercising its best and prudent judgment, to accomplish the Work in conformance with, and as required or described by, or referred to in, the Contract Documents.

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§ 2.3 Contractor acknowledges that it appreciates and recognizes that the nature, size, complexity and unique character of the Project require that Contractor perform its services in a manner that will provide implementation of procedures, controls, communications, reporting, forecasting and management of the Schedule of Values, the Project Construction Schedule, and close coordination among the parties involved in, or associated with, the Project in order to further Owner’s best interests. To that end, Contractor will use its business administration, management, and technical skills to perform the Work in a timely, orderly, economical and efficient manner.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed set forth in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)

If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics’ liens and other security interests, the Owner’s time requirement shall be as follows:

§ 3.2 The Contract Time shall be measured from the date of commencement.

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.)

Portion of the Work Substantial Completion Date

, subject to adjustments of this Contract Time as provided in the Contract Documents.

§ 3.4 Time is of the essence to the Contract Documents and all obligations thereunder. The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed Work as of Substantial Completion.

§3.5 Should Owner or anyone for who it is responsible besides Contractor delay the Work, Owner shall grant Contractor an extension of time so long as Contractor has timely made a Claim for delays in accordance with this Agreement. An extension of time shall be Contractor’s sole and exclusive remedy for any delay caused by Owner or anyone for who it is responsible besides Contractor. Contractor bears the financial risk of any such Owner caused delay.

§3.6 Contractor shall (1) assist the Architect and/or Construction Manager in determining when the Work or a designated portion or phase thereof has reached Substantial Completion and prepare for the Architect, Construction Manager, and the Owner a punch list of incomplete or unsatisfactory items and a schedule for their completion; (2) assist the Architect, Construction Manager and the Owner in conducting inspections; (3) after the Architect certifies the date of Substantial Completion of the Work, coordinate the correction and final completion of such Work; and (4) when the Work is finally completed, provide written notice and certification to the Owner and the Architect that the Work is completed and ready for final inspection and acceptance, and on Final Completion, secure and transmit to the Owner all required warranties, guarantees, affidavits, releases, bonds and waivers and turn over to the Owner all keys to the Project in its possession.

§ 3.7 Final Completion of the entire Work will occur after Substantial Completion of the entire Work, when all punch

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list work has been done, when all of the Work is built in conformance with the Contract Documents and when the Owner can use the entire Work for its intended purpose. Final Completion of a portion or phase of the Work will occur after Substantial Completion of that portion or phase, when all punch list work for that portion or phase has been done, when that portion or phase is built in conformance with the Contract Documents and when the Owner can use that portion or phase for its intended purpose.

(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.)

Liquidated Damages: Contractor and Owner recognize that time is of the essence in this Contract and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified under the Contract, plus any extension thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceedings, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as penalty):

1. Substantial Completion: $500 per day for failure to obtain Substantial Completion, as provided in Section 3.3 herein.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment.

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 one of the following: (Check the appropriate box.)

[ X ] Stipulated Sum, in accordance with Section 4.2 below

[ ] Cost of the Work plus the Contractor’s Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below

[ ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below

(Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.)

§ 4.2 Stipulated Sum§ 4.2.1 The Stipulated Sum shall be ($ ), subject to additions and deletions as provided in the Contract Documents.

§ 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:(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 4.2.3 Unit prices, if any:(Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.2.4 Allowances included in the Stipulated Sum, if any:(Identify allowance and state exclusions, if any, from the allowance price.)

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Item Allowance

§ 4.3 Cost of the Work Plus Contractor’s Fee without a Guaranteed Maximum Price§ 4.3.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, B, Determination of the Cost of the Work, plus the Contractor’s Fee.

§ 4.3.2 The Contractor’s Fee:(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.)

§ 4.3.3 The method of adjustment of the Contractor’s Fee for changes in the Work:

§ 4.3.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work:

§ 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project.

§ 4.3.6 Unit prices, if any:(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)


§ 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, B, Determination of the Cost of the Work.

§ 4.4 Cost of the Work Plus Contractor’s Fee with a Guaranteed Maximum Price§ 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, B, Determination of the Cost of the Work, plus the Contractor’s Fee.

§ 4.4.2 The Contractor’s Fee:(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.)

§ 4.4.3 The method of adjustment of the Contractor’s Fee for changes in the Work:

§ 4.4.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work:

§ 4.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project.

§ 4.4.6 Unit Prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)

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§ 4.4.7 Guaranteed Maximum Price§ 4.4.7.1 The sum of the Cost of the Work and the Contractor’s Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.)

§ 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:

§ 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any:(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.)

Item Allowance

§ 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based:

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 Architect and issuance by the Architect, 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, or as follows:

§ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 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 day of the 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 ( ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum§ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, 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.

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§ 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 percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably 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 percent ( %);

.3 Subtract the aggregate of previous payments made by the Owner;and

.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions.Conditions;

.5 Subtract amounts as the Construction Manager recommends and the Architect determines incomplete Work and unsettled claims in an amount not less than 200% of the estimated cost to complete the Work or settle any claims.

§ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent ( %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and

.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions.Omitted.

§ 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows:(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

§ 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price§ 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, B, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment.

§ 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment.

§ 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take the Cost of the Work as described in Exhibit A, B, Determination of the Cost of the Work;

.2 Add the Contractor’s Fee, less retainage of percent ( %). The Contractor’s Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Contractor’s Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;

.3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs;

.4 Subtract the aggregate of previous payments made by the Owner;

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.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and

.6 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AIA Document A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.

§ 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements.

§ 5.1.5.5 In taking action on the Contractor’s Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.

§ 5.1.5.6 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price§ 5.1.6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment.

§ 5.1.6.2 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 and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.6.3 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. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.

§ 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232–2009;

.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing;

.3 Add the Contractor’s Fee, less retainage of percent ( %). The Contractor’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor’s Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;

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.4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs;

.5 Subtract the aggregate of previous payments made by the Owner;

.6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and

.7 Subtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A232–2009.

§ 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements.

§ 5.1.6.6 In taking action on the Contractor’s Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.

§ 5.1.6.7 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 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 Contractor when

.1 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, and to satisfy other requirements, if any, which extend beyond final payment;

.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, B, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and

.3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; 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, or as follows:

ARTICLE 6 DISPUTE RESOLUTIONARTICLE 6 TERMINATION OR SUSPENSION§ 6.1 Initial Decision MakerThe Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232–2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)

Where the Contract Sum is a Stipulated Sum§ 6.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009.

§ 6.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009.

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§ 6.2 Binding Dispute ResolutionFor any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232–2009, the method of binding dispute resolution shall be as follows:(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)

[ ] Arbitration pursuant to Section 15.4 of AIA Document A232–2009.

[ ] Litigation in a court of competent jurisdiction.

[ ] Other: (Specify)

Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum PriceARTICLE 7 TERMINATION OR SUSPENSION§ 6.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009.

§ 6.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232–2009; however, the Owner shall then only pay the Contractor an amount calculated as follows:

.1 Take the Cost of the Work incurred by the Contractor to the date of termination;

.2 Add the Contractor’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor’s Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and

.3 Subtract the aggregate of previous payments made by the Owner.

§ 6.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232–2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232–2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2.

§ 6.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.

§ 6.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232–2009, except that the term ’profit’ shall be understood to mean the Contractor’s Fee as described in Sections 4.3.2 and 4.4.2 of this Agreement.

ARTICLE 7 MISCELLANEOUS PROVISIONS§ 7.1 Where the Contract Sum is a Stipulated SumWhere reference is made in this Agreement to a provision of AIA Document A232–2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009.

§ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009.

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§ 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum PricePayments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.(Insert rate of interest agreed upon, if any.)

0 % (Zero Percent)

§ 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009.

§ 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232–2009; however, the Owner shall then only pay the Contractor an amount calculated as follows:

.1 Take the Cost of the Work incurred by the Contractor to the date of termination;

.2 Add the Contractor’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor’s Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and

.3 Subtract the aggregate of previous payments made by the Owner.

§ 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232–2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232–2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2.

§ 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.

§ 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232–2009, except that the term ’profit’ shall be understood to mean the Contractor’s Fee as described in Sections 4.3.2 and 4.4.2 of this Agreement.

ARTICLE 8 MISCELLANEOUS PROVISIONS§ 73 The Owner’s representative:(Name, address and other information)

Brownsburg Parks and Recreation Attn: Travis Tranbarger, Director 402 E. Main Street Brownsburg, Indiana 46112

§ 74 The Contractor’s representative:(Name, address and other information)

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§ 7.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the other party.

§ 7.6 Other provisions:

7.6.1. The Contractor shall comply with all state, federal and municipal laws, regulations, and standards of due care of diligence applicable to its activities pursuant to this Agreement including, but not limited to, the non-discrimination requirements imposed by Indiana Code Section 22-9-1-10, Indiana Code Section 36-1-12-15 and Indiana Code Section 5-16-6-1.

7.6.2. This Agreement and the Contract Documents shall be interpreted according to and governed by the laws of the State of Indiana and any litigation to which the Owner, the Architect or the Contractor may be party and shall be brought exclusively in the State of Courts in the County in which the Project is located, and the parties hereto waive any objection to such jurisdiction or venue.

7.6.3. Notwithstanding any other provision of the Contract Documents, Contractor agrees and warrants to the Owner that pursuant to Indiana law, public policy and public necessity prohibit the filing of a mechanic’s lien for work performed on a public project, including the Project. Consequently, Contractor agrees and warrants that no claim or lien shall attach to or be filed on the Project or on any other property owned by Owner, by the Contractor, or by virtue of Contractor’s default in paying any employee, Subcontractor or supplier. Should such claim or lien be filed, payment otherwise due the Contractor, will not be due until Contractor deliver to Owner a complete release of such claim or lien, or, at Owner’s option, a bond satisfactory to Owner indemnifying Owner against such claim or lien. All references to mechanic’s liens in the Contract Documents, or the requirements for release thereof, are for Owner’s protection only, and shall not raise the inference that any liens may be filed relating to the Project, by any party. Contractor covenants and agrees that it will include this provision in its agreement with Subcontractors and supplier of material to the Project.

7.6.4. If at any time there shall be evidence of a lien or claim for which, if established, the Owner might become liable, and that is chargeable to the Contractor, or if the Contractor shall incur any liability to the Owner, or the Owner shall have any claim or demand against the Contractor of any kind or for any reasons, whether or not reduced to judgment or award, the Owner shall have the right to retain out of any payment due or to come due under this Agreement or any other agreement between the Owner and the Contractor, an amount sufficient to indemnify the Owner against such lien or claim, or to fully satisfy such liability, claim or demand. The Owner shall also be entitled to charge against or deduct from any such payment all costs of defense or collection with respect thereto, including all of Owner’s reasonable attorneys’ fees. Should any claim or lien develop after all payments are made hereunder the Contractor shall refund to the Owner within ten (10) days of demand thereof, all monies that Owner may be compelled to pay in discharging such claims or liens and all costs, including reasonable attorneys’ fees, incurred in collection of said monies from the Contractor.

7.6.5. As required by I.C. 5-22-16.5, the signature entered on behalf of the Contractor below constitutes the Contractor’s certification that it is not engaged in investment activities with the government of Iran or any agency or instrumentality of the government of Iran, all as defined and regulated the Act.

7.6.6. Contractor shall enroll and verify the work eligibility status of all new hired employees through the E-Verify program as defined in I.C. 22-5-1.7-3. Contractor shall not knowingly employ or contract with an unauthorized alien. Contractor shall not retain an employee or contract with a person that Contractor subsequently learns is an unauthorized alien.

Contractor shall require all subcontractors who perform work under its contract to certify that:(1) The subcontractor does not knowingly employ or contract with an unauthorized alien;(2) The subcontractor has enrolled and its participating in the E-Verify program Contractor agrees

to maintain this certification at least two years after the term of a contract of a subcontractor.

7.6.7. Severability. If any portion of this Agreement shall be found invalid for any reason, such portion shall be severed from this Agreement and all remaining provisions shall remain in full force and effect.

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7.7.7 Contractor shall adhere to the provisions of I.C. 5-16-13 et seq. Pursuant to I.C. 5-16-13-7, the provisions of the law are incorporated herein by reference and the Contractor shall adhere to all of the requirements of I.C. 5-16-13 et seq as applicable for this Project. Contractor of any tier as defined in I.C. 5-16-13-4 shall comply with the drug testing requirements set forth in I.C. 4-13-18.

ARTICLE8 ENUMERATION OF CONTRACT DOCUMENTS§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232–2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

§ 8.1.1 The Agreement is this executed AIA Document A132–2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition.

§ 8.1.2 The General Conditions are AIA Document A232–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, as modified and attached hereto.

§ 8.1.3 The Supplementary and other Conditions of the Contract:


§ 8.1.4 The Specifications:(Either list the Specifications here or refer to an exhibit attached to this Agreement.)


§ 8.1.5 The Drawings:(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

Number Title Date

§ 8.1.6 The Addenda, if any:

Number Date Pages

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.

§ 8.1.7 Additional documents, if any, forming part of the Contract Documents are:.1 Exhibit A Summary of Work.2 AIA Document A132™–2009, Exhibit B, Determination of the Cost of the Work, if applicable..3 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following:

.4 AIA Document E202™–2008, Building Information Modeling Protocol Exhibit, if completed, or the following:

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.5 Other documents, if any, listed below:(List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232–2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

Additional Contract Documents: (1) NOTICE TO BIDDERS(2) INSTRUCTIONS TO BIDDERS(3) SUMMARY OF WORK(4) SUGGESTED BID FORM(5) STATE BOARD OF ACCOUNTS BID FORM NO. 96(6) BID BOND(7) CONTRACTOR QUALIFICATIONS(8) PERFORMANCE BOND(9) PAYMENT BOND(10) DRAFT CONSTRUCTION AGREEMENT(11) DRAFT GENERAL TERMS AND CONDITIONS(12) NOTICE OF AWARD(13) ACCEPTANCE OF AWARD(14) NOTICE TO PROCEED(15) PAYMENT AFFIDAVIT(16) CHANGE ORDER(17) CERTIFICATE OF SUBSTANTIAL COMPLETION

This Agreement is entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

(Printed name and title) (Printed name and title)

§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.(Insert rate of interest agreed upon, if any.)

%

§ 8.3 The Owner’s representative:(Name, address and other information)

§ 8.4 The Contractor’s representative:

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(Name, address and other information)

§ 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:

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 this executed AIA Document A132–2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition.

§ 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:


§ 9.1.4 The Specifications:(Either list the Specifications here or refer to an exhibit attached to this Agreement.)


§ 9.1.5 The Drawings:(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

Number Title Date

§ 9.1.6 The Addenda, if any:

Number Date Pages

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:

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.1 AIA Document A132™–2009, Exhibit A, Determination of the Cost of the Work, if applicable.

.2 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following:

.3 AIA Document E202™–2008, Building Information Modeling Protocol Exhibit, if completed, or the following:

.4 Other documents, if any, listed below:(List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232–2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

ARTICLE 10 INSURANCE AND BONDSThe Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232–2009.(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A232–2009.)

Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)

Error! Unknown document property name.Error! Unknown document property name.Error! Unknown document property name.This Agreement is entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

(Printed name and title) (Printed name and title)

AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:58:30 ET on 06/15/2020 under Order No.3009294474 which expires on 12/04/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (827542380)

1

Certification of Document’s AuthenticityAIA® Document D401™ – 2003

I, Megan Clark, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 10:58:30 ET on 06/15/2020 under Order No. 3009294474 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A132™ – 2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)


BID BOND 1

SECTION 00 61 00 – BID BOND PART 1 – GENERAL

1.1. AIA Document A310, “Bid Bond” is the form to be used for submittal with the bid. A copy of this document is available for review at the Construction Manager’s office.

1.2. Bid Bond of 10% of the total bid is required with bid submission. PART 2 – PRODUCTS (Not Applicable) PART 3 – EXECUTION (Not Applicable) END OF DOCUMENT


SAMPLE A232-2009 GENERAL CONDITIONS 1

SECTION 00 70 00 – SAMPLE A232-2009 GENERAL CONDITIONS PART 1 - GENERAL

1.1. Included is the AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.

1.2. When contract is executed, this agreement will become a part of the Contract Documents.

PART 2 – PRODUCTS (Not Applicable) PART 3 – EXECUTION (Not Applicable)

END OF DOCUMENT

AIA®

Document A232TM – 2009

General Conditions of the Contract for Construction,

Construction Manager as Adviser Edition

AIA Document A232™ – 2009 (rev. 12/11) (formerly A201™CMa – 1992). Copyright © 1992 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 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. This draft was produced by AIA software at 09:13:35 ET on 07/09/2019 under Order No.8986447973

which expires on 11/21/2019, and is not for resale.

User Notes: (1265068870)

1

ADDITIONS AND DELETIONS:

The author of this document

has added information

needed for its completion.

The author may also have

revised the text of the

original AIA standard form.

An Additions and Deletions

Report that notes added

information as well as

revisions to the standard

form text is available from

the author and should be

reviewed.

This document has important

legal consequences.

Consultation with an

attorney is encouraged with

respect to its completion

or modification.

This document is intended

to be used in conjunction

with AIA Documents A132™–

2009, Standard Form of

Agreement Between Owner and

Contractor, Construction

Manager as Adviser Edition;

B132™–2009, Standard Form

of Agreement Between Owner

and Architect, Construction

Manager as Adviser Edition;

and C132™–2009, Standard

Form of Agreement Between

Owner and Construction

Manager as Adviser.

ELECTRONIC COPYING of any

portion of this AIA® Document

to another electronic file is

prohibited and constitutes a

violation of copyright laws

as set forth in the footer of

this document.

for the following PROJECT:

(Name and location or address)

« «Name: STEPHENS PARK RENOVATION (the “Project”) »

«Location: 605 S. Stephens drive, Brownsburg, IN 46112 »

THE CONSTRUCTION MANAGER:

(Name, legal status and address)

« « Meyer Najem Construction LLC »«an Indiana limited liability company »

«11787 Lantern Rd Suite 100,

Fishers, IN 46038»

THE OWNER:


«Town of Brownsburg, Hendricks County, Indiana»

«an Indiana political subdivision »

«61 N. Green Street»

« Brownsburg Indiana 46112»

THE ARCHITECT:


«Browning Day »

«626 North Illinois Street »

«Indianapolis, IN 46204»

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ARCHITECT AND CONSTRUCTION MANAGER

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 OTHER CONDITIONS AND SERVICES

ARTICLE 1 GENERAL PROVISIONS






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§ 1.1 Basic Definitions

§ 1.1.1 The Contract Documents

The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the

Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions),

Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement,

and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract

signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor

change in the Work issued by the Architect.

§ 1.1.2 The Contract

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated

agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written

or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be

construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the

Architect’s consultants, (2) between the Owner and the Construction Manager or the Construction Manager’s

consultants, (3) between the Owner and the Architect or the Architect’s consultants, (4) between the Contractor and

the Construction Manager or the Construction Manager’s consultants, (5) between the Owner and a Subcontractor or

Sub-subcontractor (6) between the Construction Manager and the Architect, or (7) between any persons or entities

other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to

performance and enforcement of obligations under the Contract intended to facilitate performance of their duties.

§ 1.1.3 The Work

The term “Work” means the construction, supervision and services required by the Contract Documents whether

completed or partially completed, and includes all other labor, materials, equipment, services, inspections, testing,

tools, supplies, fuel, transportation, installation, temporary facilities, supervision and clean-up provided or to be

provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the

Project. The Contractor acknowledges and agrees that the Contract Documents are sufficient to provide for the

completion of the Work and include Work, whether or not shown or described, which reasonably may be inferred to be

required or useful for the completion of the Work in accordance with applicable laws, codes, and professional standards.

§ 1.1.4 The Project

The Project is the total construction of which the Work performed under the Contract Documents may be the whole

or a part and which may include construction by the Owner and by Separate Contractors.

§ 1.1.5 The Drawings

The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and

dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

§ 1.1.6 The Specifications

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,

equipment, systems, standards and workmanship for the Work, and performance of related services.

§ 1.1.7 Instruments of Service. Instruments of Service are representations, in any medium of expression now known

or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s

consultants under their respective professional services agreements. Instruments of Service may include, without

limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

§ 1.1.8 The Project Manual. The Project Manual is a volume or volumes containing Instructions to Bidders, Bid

Form, sample forms, Conditions of the Contract and Specifications.

§ 1.1.9 Additional Definitions






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.1 The term "produce” shall include, but is not limited to, materials, systems, and equipment.

.2 The term "supplier" shall include, but is not limited to, any firm or organization furnishing or delivering materials, equipment or products directly to the jobsite, and because of such direct delivery, could be construed under the lien laws of the State of Indiana as having lien rights against the funds due the Contractor.

.3 The term "complete" shall mean complete with connections, supports, attachments and incidental terms necessary for a finished and properly operating assembly or installation.

.4 The term "drawing" shall mean plans and detail drawings, both large and small scale, furnished by the Architect for the purpose of showing the Work to be done.

.5 The term "furnish" shall mean to supply (only) to another party for their use or installation, including cost of delivery and unloading at the jobsite.

.6 The terms "knowledge", "recognize" and "discover" and their respective derivatives and similar terms in the Contract Documents, as used in reference to the Contractor, shall mean that which the Contractor knows (or should know), recognizes (or should recognize) and discovers (or should discover) in exercising the care, skill and diligence required by the Contract Documents. Analogously, the expression "reasonably inferable" and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a Contractor exercising the care, skill and diligence required of the Contractor by the Contract Documents. .7 The phrase "persistently fails" and other similar expressions, as used in reference to the Contractor, shall mean any combination of acts and omissions that cause the Owner or Architect to reasonably conclude that the Contractor will not complete the Work within the Contract Time, for the Contract Sum, or in substantial compliance with the requirements of the Contract Documents. .8 When the terms "approved," "satisfactory," "proper," or "as directed" are used, approval or direction by the Architect shall be understood. In no case will "approval" by the Architect be interpreted as a release of Contractor from its responsibility to fulfill the requirements of the Contract Documents. .9 The term "testing laboratory" shall mean an independent entity engaged to perform specific inspections or tests of the Work, either at the Project site or elsewhere, and to report and, if required, interpret results of those inspections or tests. .10 Unless the context clearly dictates otherwise, the term "schedule(s)" shall mean the most recently issued preliminary construction schedule(s) approved by Owner and issued by Architect, or upon its issuance, the most recently issued Approved Construction Schedule.

§ 1.2 Correlation and Intent of the Contract Documents

§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and

completion of the Work by the Contractor. The Contract Documents are intended to be complementary, and where

possible give effect to each and every provision thereof. Required by one shall be as binding as if required by all;

performance by the Contractor shall be required only to the extent consistent with the Contract Documents and

reasonably inferable from them as being necessary to produce the indicated results.

In the event of inconsistencies within or between parts of the Contract Documents, or between the Contract Documents

and applicable standards, codes, and ordinances, the Contractor shall (1) provide the better quality or greater quantity

of Work, or (2) comply with the more stringent requirement, either or both in accordance with the Architect's

interpretation. The terms and conditions of this subparagraph, however, shall not relieve the Contractor of any of the

obligations set forth in any other Section of these General Conditions.

.1 Drawings cannot indicate every offset, fitting, and accessory required to






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avoid all conflict with other trades. Contractor shall check drawings of other trades to verify spaces available and make reasonable modifications, as directed, without extra cost to the Owner; maintain head room and other space requirements in all areas, and where such requirements appear inadequate, notify the Architect before proceeding.

.2 In the case of conflicts between Contract Documents, Drawings,

Specifications or Addenda, Contractor shall request clarification from the Architect. On the Drawings, given dimensions shall take precedence over scaled measurements, large-scale drawings over small-scale drawings, and noted materials over graphic indications. The Contractor shall not resolve material conflicts without Architect clarification.

.3 Before ordering any materials or doing any Work, the Contractor shall

verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the Construction Manager and Owner for resolution before proceeding with the Work.

.4 If a minor change in the Work is found to be necessary due to actual field

conditions, the Contractor shall promptly submit detailed drawings of such departure for approval by the Construction Manager and Owner before making the change.

.5 The Owner shall not be required to make any adjustment to either the

Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this Section 1.2.1. Any known actual or alleged conflicts or inconsistencies between Drawings and Specifications or other Contract Documents shall be brought to the Construction Manager’s and Owner’s attention in writing, prior to performing the affected Work.

§ 1.2.1.6 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining

provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid

or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and

enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give

effect to the parties’ intentions and purposes in executing the Contract.

§ 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.

§ 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.

§ 1.2.4 The Contractor has informed the Owner, and hereby represents to the Owner, that it has had sufficient

experience in constructing projects similar to the Project called for in the Contract Documents, and that it is well

acquainted with the components that are properly and customarily included within such a project, including the

requirements of state laws, local building codes, manufacturers' recommendations, building standards, and trade

practices as to the types and quantities of components, items, systems, materials, and methods of construction to be

included in the Project in order to produce the first-class Project contemplated by the Contract Documents and a

Project that will function with utility and efficiency. The Contractor will include within the Stipulated Sum all work,

materials, equipment and operations that are likely to be required for the Project in accordance with such laws, codes,

recommendations, standards, and practices.

§1.2.5 The Contractor and each of its Subcontractors shall evaluate, and satisfy themselves as to the conditions and

limitations under which the Work is to be performed, including without limitation, (1) the location, condition, layout,






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and nature of the site and surrounding areas excluding subsurface conditions, (2) prevailing climatic conditions, (3)

available labor supply and cost, (4) availability and cost of materials, tools and equipment, and (5) other similar

situations. The Owner assumes no responsibility or liability for the physical condition or safety of the site or any

improvements located on the site. The Contractor shall receive and have the opportunity to review all subsurface

testing results, including but not limited test borings and Phase I analysis, and have the opportunity to request

additional subsurface testing from the Owner. The Contractor shall be solely responsible for providing a safe place

for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum

or Contract Time in connection with any failure by the Contractor or any Subcontractor to comply with the

requirements of this Section 1.2.4. Contractor shall be entitled to rely on all information, test results, borings and

Phase I analysis provided by the Owner.

§ 1.3 Capitalization

Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered

articles, or (3) the titles of other documents published by the American Institute of Architects.

§ 1.4 Interpretation

In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles

such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is

not intended to affect the interpretation of either statement.

§ 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service

§ 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective

Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and

other reserved rights, including copyrights. The Contractor, Subcontractors, sub-subcontractors, and material or

equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to

meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as

publication in derogation of the Architect, or Architect’s consultants’ reserved rights.

§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers are authorized to

use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All

copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service.

The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the

Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the

specific written consent of the Owner, Architect and the Architect’s consultants.

§ 1.6 Notice

§ 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or

give notice to the other party, such notice shall be provided in writing to the designated representative of the party to

whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier,

or by electronic transmission if a method for electronic transmission is set forth in the Agreement.

§ 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been

duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified

or registered mail, or by courier providing proof of delivery.

§ 1.7 Digital Data Use and Transmission

The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other

information or documentation in digital form. The parties will use AIA Document E203™–2013, Building

Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and

exchange of digital data.

§ 1.8 Building Information Models Use and Reliance

Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing

the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA

Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document

G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk






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and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building

information model, and each of their agents and employees.

ARTICLE 2 OWNER

§ 2.1 General

§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract

Documents as if singular in number. The Owner shall designate in writing an Owner’s representative who shall have

express authority to represent the Owner with respect to all matters requiring the Owner’s input, involvement, 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 representative designated to Contractor in writing.

§ 2.2 Information and Services Required of the Owner § .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 or as otherwise provided under the Contract Documents, the Owner shall secure,

with the assistance of the Contractor, and pay for necessary approvals, easements, assessments and charges required

for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless

otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and

pay for the building permit.

§ 2.2.3 The Owner may furnish surveys describing physical characteristics, legal limitations and utility locations for

the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of

information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the

Work. Contractor shall verify the established control lines and benchmark and notify the Construction Manager and

Owner of any discrepancy before proceeding with the Work. Contractor shall provide such engineering and survey

personnel necessary to lay out and located all elements of the Work.

§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with

reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control

and necessary to the Contractor’s performance of the Work with reasonable promptness after receiving the

Contractor’s written request for such information or services.

§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of

the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.

§ 2.2.6 Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the Contractor

shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may

disclose “confidential” information, after seven (7) days’ notice to the Owner, where disclosure is required by law,

including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court

or arbitrator(s) order. The Contractor may also disclose “confidential” information to its employees, consultants,

sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such

information solely and exclusively for the Project and who agree to maintain the confidentiality of such information.

§ 2.3 Owner’s Right to Stop the Work

If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents, fails

to make submissions in accordance with the Contract Documents, fails to carry out Work in accordance with the

Contract Documents, fails or refuses to provide a sufficient amount of properly supervised and coordinated labor,

materials or equipment so as to be able to complete the Work within the Contract Time, or fails to promptly remove

and discharge any lien filed upon Owner’s property by anyone claiming by, through or based on the requirements of

the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion

thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not

give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person

or entity, except to the extent required by Article 6.

§ 2.4 Owner’s Right to Carry Out the Work

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails

within a 48 hour period after receipt of written notice from the Owner to commence and continue correction of such






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default or neglect with diligence and promptness, the Owner may immediately, without prejudice to other remedies

the Owner may have, correct such default or neglect. The Architect may, pursuant to Article 9, withhold or nullify a

Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the

reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s

additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient

to cover such amounts, the Contractor shall pay the difference to the Owner. The rights stated in this Article 2 and

elsewhere in the Contract Documents are cumulative and are not in limitation of any rights of the Owner granted in

the Contract Documents, at law, or in equity.

§ 2.5 When the services of the Architect, Construction Manager, testing and inspection agencies or others are required

because of defective Work, neglect, failure, deficiencies, or default by the Contractor or anyone employed under the

Contractor, such services of the Architect, Construction Manager, testing and inspection agencies or others along with

other costs, damages and liabilities incurred by Owner shall be the basis for adjusting the Contract Sum by a Change

Order or Construction Change Directive, to compensate Owner for the additional services and such costs, damages

and liabilities. This Section 2.5 shall be in addition to any other rights or remedies of the Owner as set forth in this

Agreement or provided by law.

§ 2.6 Extent of Owner’s and/or Construction Manager’s Rights:

§ 2.6.1 The rights stated in this Article 2 and elsewhere in the Contract Documents are cumulative and not in limitation

of any rights or remedies the Owner is (1) granted in the Contract Documents, (2) at law, or (3) in equity.

§ 2.6.2 In no event shall the Owner or Construction Manager have control over, charge of, or any responsibility for

construction means, methods, techniques, sequences or procedures or for safety precautions and programs in

connection with the Work notwithstanding any of the rights and authority granted the Owner in the Contract

Documents. The Owner shall not be responsible for the Contractor's failure to carry out the Work in accordance with

the Contract Documents, or for the acts or omissions of the Contractor, Subcontractors, any of their respective agents

or employees, or any other persons performing any of the Work.

ARTICLE 3 CONTRACTOR

§ 3.1 General

§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the

Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction

where the 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.

§ 3.1.2 The plural term “Multiple Prime Contractors” refers to persons or entities who perform construction under

contracts with the Owner that are administered by the Construction Manager. The term does not include the Owner’s

own forces, including persons or entities under separate contracts not administered by the Construction Manager.

§ 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents.

§ 3.1.4 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract

Documents either by activities or duties of the Construction Manager or Architect in their administration of the

Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

§ 3.2 Review of Contract Documents and Field Conditions by Contractor

§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has

(i) conducted a thorough investigation of the Project site, the Contract Documents and other documents made

available to the Contractor by the Owner, (ii) carefully investigated and considered the need to coordinate the Work

with the work of other contractors, the possibility of delay in the various components of the Work, the possibility of

obstacles and conditions not identified by the Owner (and the cost to the Contractor and impact on its schedule of

such unidentified items), conditions relating to the transportation, handling and storage of materials, availability of

labor, the effect of any labor agreements, weather, applicable provisions of law and the character and availability of






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equipment, material and facilities needed before and during the prosecution of the Work, (iii) reviewed all plans,

specifications, drawings, reports and other materials with respect to the Project and its systems, (iv) considered

staging, access and materials and equipment delivery issues, and evaluated all other matters and conditions of the

Project site which may affect the provision of Contractor’s services and completion of the Work. Contractor

acknowledges that as a result of its inspections and other research with respect to the Project site, except as

otherwise provided in the Contract Documents, it assumes all risk of conditions to be encountered and the character,

quality and quantities of services to be provided for the complete, timely and satisfactory performance of the Work.

§ 3.2.2 The Contractor further acknowledges and warrants that it has closely examined all the Contract Documents,

that they are suitable and sufficient to enable the Contractor to complete the Work in a timely manner for the

Contract Sum and that they include all work, whether or not shown or described, which reasonably may be inferred

to be required or useful for the completion of the Work in full compliance with all applicable codes, laws,

ordinances, and regulations, that the Contract Documents are full and complete, are sufficient to have enabled the

Contractor to determine the cost of the Work therein to enter into the Agreement and that the Contract Documents

are sufficient to enable it to construct the Work outlined therein, and otherwise to fulfill all its obligations hereunder,

including, but not limited to, the Contractor's obligation to construct the Work for an amount not in excess of the

Contract Sum on or before the date of Substantial Completion established in the Agreement. The Contractor

specifically represents and warrants to Owner that it has, by careful examination, satisfied itself as to: (1) the nature,

location and character of the Project; (2) the nature, location and character of the general area in which the Project is

located, including without limitation, its climatic conditions, available labor supply and labor costs, and available

equipment supply and equipment costs; (3) the quality and quantity of all materials, supplies, tools, equipment, labor

and professional services necessary to complete the Work in the manner and within the cost and timeframe required

by the Contract Documents; (4) local conditions bearing on transportation, disposal, handling and storage of

materials; (5) work being performed by others; and (6) the extent of existing work which may affect operations

under the Contract Documents. In connection with the foregoing, and having carefully examined all Contract

Documents, as aforesaid, and having visited the Project Site, the Contractor acknowledges and declares that it has no

knowledge of any discrepancies, omissions, ambiguities or conflicts in the Contract Documents and that if it

becomes aware of any such discrepancies, omissions, ambiguities or conflicts, it will promptly notify Owner and

Architect of such fact. The Contractor shall make all investigations essential to the full understanding of the

difficulties which may be encountered in performing the Work. The Contractor, regardless of any such conditions

relevant to the Work, the Project Site or its surroundings, shall complete the Work for the Contract Sum (except in

the case of changes in the Work which may be made pursuant to Article 7 herein). Contractor shall not be entitled to

any adjustments in the Contract Time or Contract Sum as a consequence of matters discovered during the

prosecution of the Work that should have been discovered by Contractor in complying with the provisions of this

Agreement.

§ 3.2.3 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the

Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as

the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing

conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations

are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of

discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly

report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a

request for information in such form as the Architect or Owner may require. It is recognized that the Contractor’s

review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise

specifically provided in the Contract Documents. It is the intent of the Contract Documents to have all systems

complete and in proper operation upon completion of the Project. Even if terms required for completion or proper

operation of systems are missing from the Drawings or Specifications, such items must be included in the Work.

§ 3.2.2 It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a

licensed design professional, unless otherwise specifically provided in the Contract Documents. The Contractor is not

required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances,

building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall

be reported promptly to the Architect.

§ 3.2.4 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable

laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor






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shall promptly report to the Construction Manager and Architect any nonconformity discovered by or made known

to the Contractor as a request for information submitted to Construction Manager in such form as the Construction

Manager and Architect may require.

§ 3.2.5 If any Work deviates from the requirements of the Contract Documents, the Contractor shall be solely responsible for all resulting costs, damages and expenses. No claim by Contractor (a) that the Work indicated was not constructible, or (b) that performing the Work in accordance with the Contract Documents would have caused or resulted in damages, shall be available to Contractor as a defense or a claim to reduce Contractor's liability, or to increase Contractor's compensation or the Contract Time, except to the extent such defense or claim is expressly permitted elsewhere in the Contract Documents. This provision does not limit any other rights of Owner or Architect or other obligations of the Contractor.

§ 3.2.6 The Contractor shall be held responsible for damages resulting from Work in which it proceeds while knowing

to be in error or without having given the Architect prior notice as required hereinbefore.

§ 3.3 Supervision and Construction Procedures

§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The

Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences,

and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give

other specific instruction concerning these matters. If the Contract Documents give specific instructions concerning

construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety

thereof and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences,

or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not

be 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, and shall, if the Contractor is then instructed to proceed with the required, propose alternative

means, methods, techniques, sequences, or procedures. The Architect, Construction Manager and Owner shall

evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless

the Architect and/or Owner and/or Construction Manager object to the Contractor’s proposed alternative, the

Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures.

§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees,

Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or

on behalf of, the Contractor or any of its Subcontractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that

such portions are in proper condition to receive subsequent Work. The Contractor shall promptly report deficient

conditions in the Work in writing to the Owner and shall not begin any subsequent Work until deficient conditions are

corrected. The Contractor shall allow a reasonable period of time for such corrections. Commencing any such

subsequent Work shall be deemed to be an admission by the Contractor that such portions of the Project were in proper

condition to receive such Work and the Contractor shall be deemed to have expressly waived any claims it may

otherwise have had with respect to such condition.

§ 3.3.4 The Contractor shall be responsible for the maintenance and protection of all equipment, materials and tools

supplied by it and stored or installed on the Project site, from loss or damage, unless noted otherwise under a special

clause in the Contract.

§3.3.5 The Contractor shall be responsible for the protection of any finished work of other trades from damage or

defacement by its operations, and must remedy any such injury at its own expense.

§3.3.6 The Contractor has the responsibility, and the authority, pursuant to this Article 3, to ensure that all material suppliers and Subcontractors, their agents, and employees adhere to the Contract Documents, and that they order materials on time, taking into account the current market and delivery conditions and that they provide materials on time. The Contractor shall coordinate its Work with that of all others on the Project including other Contractors, deliveries, storage, installations, and construction utilities. The Contractor shall be responsible for the space requirements, locations, and routing of its equipment. In areas and locations where the proper and most effective space requirements, locations, and routing cannot be made as indicated, the Contractor shall meet with the Architect,






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Owner and all others involved, before installation, to plan the most effective and efficient method of overall installation.

§ 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

facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent

and whether or not incorporated or to be incorporated in the Work.

§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections

3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the

Architect, in consultation with the Construction Manager and in accordance with a Change Order or Construction

Change Directive.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other

persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly

skilled in tasks assigned to them. The Contractor shall use its best efforts and judgment as an experienced contractor

to adopt and implement policies and practices designed to avoid work stoppages, slowdowns, disputes or strikes where

reasonably possible.

§ 3.4.4 The Contractor shall be responsible for all materials including, without limitation, materials which Owner has

purchased, and which are or will be integrated into Contractor’s Work and shall ensure that such materials are moved

to a secure location so as to avoid damage or theft.

§3.4.6 Any employee of the Contractor or its Subcontractors whom the Owner considers detrimental to the Project or

the proper carrying out of the Work, in the Owner’s sole discretion, shall be removed from the Project promptly upon

written notification by the Owner.

§ 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner, Construction Manager, and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

§ 3.5.2 The Contractor’s warranties shall not be affected by the specification of a product or procedure unless

Contractor objects in writing promptly, and in any event before performing the Work in question affected by or

related to such product or procedure, and advises the Construction Manager and Owner in writing of possible

substitute products or procedures that are acceptable to the Owner which will not affect the warranty.

§3.5.3 The Contractor’s warranties shall not be affected, diminished, or restricted by the limitations, restrictions or

conditions of a manufacturer, supplier or installer’s warranty, including the expiration of any Uniform Commercial

Code statute of limitations. Inability or refusal of a Subcontractor, supplier or installer responsible for defective

Work to correct or warrant such Work, shall not relieve Contractor from performing under the warranty.

§ 3.5.4 If required by the Owner or Architect, the Contractor shall furnish satisfactory evidence as to the kind and

quality of products, materials, equipment, or systems to be provided by Contractor.

§ 3.5.5 Contractor shall perform the Work in such manner so as to preserve any and all manufacturers’ warranties.

At final completion of the Work, the Contractor shall assign to the Owner any and all manufacturers’ warranties

relating to materials and labor used in the Work.

§3.5.6 The warranties provided by this Section 3.5 shall be in addition to and not in limitation of any other

warranties, causes or action, rights or remedies provided by this Agreement or by law.






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§3.5.7 The Contractor shall defend, indemnify, and hold the Owner, Construction Manager, and Architect harmless

from claims, losses, damages and expenses, including attorneys’ fees, arising out of or relating to breach of any

warranty relating to the Work, and shall pay to the Owner, Construction Manager, and Architect all such losses,

damages and expenses, including attorneys’ fees, as may be incurred by any of them as a result of such breach.

§ 3.5.8 Upon notice of the breach of any of the foregoing warranties or guarantees or any other warranties or

guarantees under the Contract Documents, the Contractor, in addition to any other requirements in the Contract

Documents, will correct at its own expense such breach and damage to the satisfaction of the Owner within seven

(7) days of such notice unless an extension of time is granted in writing by the Owner. If the Contractor fails to

correct such breach and damage as provided above, the Owner, without prejudice to any of its other rights or

remedies, may correct the deficiencies. The Contractor, upon written notice from the Owner, shall pay the Owner,

within (30) days after the date of such notice, all of the Owner’s costs and expenses incurred in connection with such

correction, including without limitation the Owner’s administrative, legal and consulting expenses. The foregoing

warranties and obligations of the Contractor shall survive the final payment and/or termination of the Contract

Documents.

§ 3.5.9 The guarantee period for all work performed and material furnished on the Project shall begin with the date

of Substantial Completion for the Project and shall extend for a period of one calendar year. This guarantee period is

in addition to any other warranties, guarantees or obligations set forth in the Contract Documents or applicable as a

matter of law, which may extend beyond the one-year period described in this subsection.

§ 3.5.10 If for any reason the Contractor cannot warrant any part of the Work using material or construction

methods which have been specified, it shall notify the Owner in writing before performing such part of the Work,

giving reasons, together with the name of product and data on a substitution it can and will warrant.

§ 3.5.11 In addition to the foregoing stipulations, the Contractor shall comply with all other warranties referred to in

any portions of the Contract Documents or otherwise provided by law or in equity, and where warranties overlap,

the more stringent requirement shall govern.

§ 3.6 Taxes

The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the

Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or

merely scheduled to go into effect. Materials purchased for incorporation into the Work are tax exempt from the State

of Indiana sales and use tax. The Owner shall provide the Contractor with the proper Exemption Certificate to be used

for the Project. The Sales Tax exemption does not apply to Contractor’s equipment, scaffolding or from work or

materials not intended to become permanent fixtures into the Project.

§ 3.7 Permits, Fees, Notices and Compliance with Laws

§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building

permit and all other permits (typical trade permits, etc.), certificates and governmental fees, license and inspections

necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract

and legally required at the time bids are received or negotiations concluded, All construction charges, assessment, or

inspection fees as may be imposed by any municipal authority or utility company are included in the Contract Sum

and shall be the Contractor’s responsibility.

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,

rules and regulations, and lawful orders of public authorities applicable to performance of the Work.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,

rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility

for such Work and shall bear the costs attributable to correction.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface

or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or

(2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and

generally recognized as inherent in construction activities of the character provided for in the Contract Documents,

the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before






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conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect and

Construction Manager will promptly investigate such conditions and, if the Architect, in consultation with the

Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor’s

cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the

Contract Sum or Contract Time, or both. If the Architect, in consultation with the Construction Manager, determines

that the conditions at the site are not materially different from those indicated in the Contract Documents and that no

change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction

Manager, and Contractor in writing, stating the reasons. If the Owner or Contractor disputes the Architect’s

determination or recommendation, either party may proceed as provided in Article 15. Notwithstanding anything in

the Contract Documents to the contrary, no adjustment in the Contract Time or the Contract Sum shall be permitted

in connection with a concealed or unknown condition that does not materially differ from those conditions disclosed

or that reasonably should have been disclosed by the Contractor’s prior inspections, tests, reviews and

preconstruction services for the Project.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.

§ 3.8 Allowances

§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items

covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,

but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.

§ 3.8.2 Unless otherwise provided in the Contract Documents:

.1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and

all required taxes, less applicable trade discounts;

.2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and

other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but

not in the allowances; and

.3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly

by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs

and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.

§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.

§ 3.9 Superintendent

§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance

at the Project site during performance of the Work. The superintendent shall represent the Contractor, and

communications given to the superintendent shall be as binding as if given to the Contractor.

§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and

Architect through the Construction Manager, the name and qualifications of a proposed superintendent. The

Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the

Construction Manager, or the Architect has reasonable objection to the proposed superintendent or (2) that any of

them require additional time to review. Failure of the Construction Manager to reply within the 14 day period shall

constitute notice of no reasonable objection.

§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction Manager or

Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the

Owner’s consent, which shall not unreasonably be withheld or delayed.






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§ 3.10 Contractor’s Construction and Submittal Schedules

§ 3.10.1 The Contractor, within 10 days after being awarded the Contract, shall prepare and submit for the Owner’sand

Architect’s information and the Construction Manager’s approval a Contractor’s construction schedule for the Work.

The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate

intervals as required by the conditions of the Work and Project, shall be related to the entire Project schedule to the

extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.

The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor’s Work

to avoid conflict with, and as to cause no delay in, the work or activities of other Multiple Prime Contractors or the

construction or operations of the Owner’s own forces.

.1 Contractor’s Construction Schedule shall utilize Critical Path Method analysis (“CPM”) for all

major elements and phases of construction of the Work if required by Owner or Architect. The

Construction Schedule shall identify, consider and coordinate the purchase of materials and

equipment requiring long lead time procurement. To permit periodic and timely updating, the

Contractor’s Construction Schedule shall be developed using Primavera. Construction

Schedules submitted to the Owner and Architect shall be both in hard copy and electronic,

executable format acceptable to the Owner and Architect.

.2 The Owner and Contractor agree that time is of the essence of this Agreement. Contractor shall

prosecute its Work promptly and diligently in accordance with the Project Schedule approved by

the Owner and Construction Manager, as said Project Schedule may be revised or modified from

time to time by written approval of Owner. Contractor, at its own expense, shall provide all

necessary means (i.e. shift work, overtime, additional crews, additional materials, equipment, etc.)

to maintain schedule or get back on schedule if Owner or Architect determines that Contractor is

behind schedule because of Contractor’s fault, lack of performance or coordination. If Contractor

does not provide such necessary means or does not achieve acceptable results within ten (10)

business days, Owner may provide supplemental workforces or direct others to perform work to

get back on schedule. The cost of such supplemental workforces, including additional services of

the Construction Manager and Architect resulting therefrom, shall be charged to Contractor.

.3 In accordance with Section 3.5 of the Agreement, Contractor shall be liable to Owner for

Liquidated Damages.

.4 Owner may retain the amount of Liquidated Damages from any monies that otherwise would be

payable hereunder to the Contractor.

§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter

update it as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Owner’s,

Construction Manager’s and Architect’s approval. The Owner, Architect and Construction Manager’s approval shall

not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s

construction schedule, and (2) allow the Owner, Construction Manager and Architect reasonable time to review

submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the

approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of

Contract Time based on the time required for review of submittals.

§ 3.10.3 The Contractor shall participate with other Contractors, the Construction Manager and Owner in reviewing

and coordinating all schedules for incorporation into the Project schedule that is prepared by the Construction

Manager. The Contractor shall make revisions to the construction schedule and submittal schedule as deemed

necessary by the Construction Manager to conform to the Project schedule.

§ 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the

Owner, Construction Manager and Architect and incorporated into the approved Project schedule. The Contractor

shall submit with each monthly payment application an updated Construction Schedule (in both hard copy and

electronic, executable format acceptable to Owner and Construction Manager) revised to reflect the current status of

the Work, said updates being subject to the Owner and Construction Manager’s review and approval. Receipt of these

monthly updates shall be a condition precedent to any obligation of the Owner hereunder to make monthly progress






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payments to the Contractor. All updates to the Contractor’s Construction Schedule shall conform to the Project

Schedule, as said Project Schedule may be revised and modified from time to time by the Owner or Construction

Manager with the approval of the Contractor. The Contractor shall conform its performance of the Work to the most

recent schedules approved or issued by the Owner or Construction Manager and Contractor.

§ 3.10.5 In the event the Owner determines that the performance of the Work, as of a milestone date, has not

progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to

order in writing the Contractor to take corrective measures necessary to expedite the progress of construction,

including, without limitation, (1) working additional shifts or overtime, (2) supplying additional labor, equipment,

and facilities, and (3) other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such

Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion

required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose

of ensuring the Contractor’s compliance with the construction schedule.

1. To the extent that the Contractor caused the delay, the Contractor shall not be entitled to an adjustment

in the Contract Time or Contract Sum in connection with Extraordinary Measures required by the Owner pursuant to

this Section 3.10.4.

2. The Owner may exercise its rights under this Section 3.10.4 as frequently as the Owner deems necessary

to ensure that the Contractor’s performance of the Work will comply with any Milestone Date or Completion Date

set forth in the Contract Documents.

§ 3.10.6 Substantial Completion. By execution of the Contract, Contractor represents it has analyzed the Work, the

materials and methods involved, the systems of the building, availability of qualified mechanics and unskilled labor,

restrictions of the site, constraints imposed, his own work load and capacity to perform the Work and agrees that the

specified dates are reasonable considering the existing conditions prevailing in the locality of the Work, including

weather conditions, and other factors, with reasonable allowance for variations from average or ideal conditions.

§ 3.11 Documents and Samples at the Site.

The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change

Orders and other Modifications, in good order and marked currently to indicate field changes and selections made

during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals.

These documents shall be available to the Architect and delivered to the Construction Manager for submittal to the

Owner upon completion of the Work as a record of the Work as constructed.

§ 3.11.1 Contractor shall review for accuracy and completeness any Record Drawings to be developed by the Architect

from the “As-Built” drawings to be maintained by the Contractor as noted above. Contractor shall maintain and

deliver to the Owner upon the Completion of the Work, in a format acceptable to the Owner, all equipment

information, applicable handbooks, maintenance and operation manuals and instruction and other related documents.

Contractor shall maintain a current roster of companies who have or are working on the Project, with names and

telephone numbers of key personnel, said list to be delivered to the Owner and Architect upon request and completion

of the Work. Finally, Contractors shall maintain all reports, estimates, meeting minutes, logs, progress photos,

sketches, recordings, computer data, accounting records, cost data, Subcontracts, purchase orders and other

information, whether generated by or on behalf of the Contractor, received from the Owner, Construction Manager,

Architect, Subcontractor or other parties involved with the Project, during the course of the Project and for a period

of ten (10) years following Substantial Completion. Said documents shall be available for review, inspection and

copying by the Owner and Construction Manager. Beginning with commencement of the Work, and at all times

required by the Owner or Construction Manager, Contractor shall furnish procurement reports, monthly reports, shop

drawing logs, test reports and all other information required by Owner or Construction Manager. Upon

commencement of the Work, Contractor shall submit a daily report.

§ 3.11.2 The Contractor shall pay all costs incurred by the Architect and Owner for attendant delay, interference,

hindrance or disruption of the Project due to excessive re-submittals without fault of the Architect, separate

Contractors or the Owner. Unless otherwise provided in the Contract Documents, re-submittals in excess of two

without fault of the Architect or Owner shall be deemed excessive. If the Shop Drawings or other submittals show

variations from the requirements of the Contract Documents, the Contractor shall specify such variations in the

Contractor’s letter of submittal to the Architect accompanying the submittal.






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§ 3.12 Shop Drawings, Product Data and Samples.

§ 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the

Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of

the Work.

§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and

other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

§ 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards

by which the Work will be judged.

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is

to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept

expressed in the Contract Documents for those portions of the Work for which the Contract Documents require

submittals. Review by the Architect and Construction Manager is subject to the limitations of Sections 4.2.9 through

4.2.11. Informational submittals upon which the Construction Manager and Architect are not expected to take

responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract

Documents may be returned by the Construction Manager or Architect without action.

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the

Construction Manager Shop Drawings, Product Data, Samples and similar submittals required by the Contract

Documents in accordance with the Project submittal schedule approved by the Construction Manager and Architect,

or in the absence of an approved Project submittal schedule, with reasonable promptness and in such sequence as to

cause no delay in the Work or in the activities of other Multiple Prime Contractors or the Owner’s own forces. The

Contractor 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.

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to

the Owner, Construction Manager, and Architect, that the Contractor has (1) reviewed and approved them, (2)

determined and verified materials, field measurements and field construction criteria related thereto, or will do so and

(3) checked and coordinated the information contained within such submittals with the requirements of the Work and

of the Contract Documents.

§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal

and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been

reviewed and approved by the Architect.

§ 3.12.8 The Work shall be in accordance with approved submittals. The issuance of any submittal by the Contractor

constitutes a certification by Contractor that each item has been reviewed in detail and is in full conformance with the

Contract Documents unless expressly noted otherwise in writing by Contractor. Review or approval of submittals by

the Owner, Construction Manager, or Architect does not relieve the Contractor of responsibility for full compliance

with all Contract Documents and other contract requirements, unless the Owner, Construction Manager and Architect

have given separate written approval to any specific variation. Any variation from the Contract Documents shall be

noted prominently and in sufficient detail on both the transmittal document and on the submittal itself. The Contractor

shall set forth, in writing, the reason for and description of the variation. If no variations are noted, issuance of the

submittal shall constitute a representation by the Contractor to the Owner, Construction Manager, and Architect that

the submittal complies in all respects with the Contract Documents. The purpose of submittals is to demonstrate, for

those portions of the Work for which submittals are required, the way Contractor proposes to conform to the

information given and the design concept expressed in the Contract Documents. Review of submittals by the Owner,

Construction Manager, or Architect is subject to the limitation so the Contract Documents. Any such review of

submittals shall not relieve Contractor of its responsibility for errors or omissions in Shop Drawings, Product Data or

Samples.

§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,

Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on






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previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply

to such revisions.

§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of

architecture or engineering unless such services are specifically required by the Contract Documents for a portion of

the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities

for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to

provide professional services in violation of applicable law.

§ 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or

equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will

specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services

or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on

all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such

professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if

prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and

the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and

approvals performed or provided by such design professionals, provided the Owner and Architect have specified to

the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the

Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking

for conformance with information given and the design concept expressed in the Contract Documents. The Contractor

shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents.

§ 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been

performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect and

Owner at the time and in the form specified by the Owner and Architect.

§ 3.13 Use of Site

§ 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances,

codes, rules and regulations, and lawful orders of public authorities, and the Contract Documents and shall not

unreasonably encumber the site with materials or equipment.

§ 3.13.2 The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the

Construction Manager before using any portion of the site.

§3.13.3 If at any time stored material, either on-site or in the building is required to be moved, it shall be relocated

when the Architect and Owner so directs and at no change in the Contract.

§ 3.14 Cutting and Patching

§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make

its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing

prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.

§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed

construction of the Owner’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 own 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

cutting or otherwise altering the Work.

§ 3.15 Cleaning Up

§ 3.15.1 The Contractor shall keep the premises and surrounding area clean and free from accumulation of waste

materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall

remove on a daily basis waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and

surplus materials from and about the Project.






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§ 3.15.2 Debris and dirt shall not be allowed to accumulate in the building area occupied by the Contractor. All debris

and dirt shall be removed daily by Contractor and Contractor shall maintain the premises broom clean during its

construction operations. Clean up shall include daily cleaning, as well as trade clean up. In the event Contractor fails

to clean up as required, Owner or Construction Manager may give twenty-four (24) hours’ notice, which shall be

considered given when submitted in writing to the Contractor’s field supervisor. After twenty-four (24) hours, if the

deficiency has not been remedied to Owner’s satisfaction, Owner may proceed with the required clean up and deduct

the cost thereof, including the cost of additional services of the Construction Manager, from any amounts due

Contractor.

§ 3.16 Access to Work

The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and

progress wherever located.

§ 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of

copyrights and patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on

account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of

a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations

are contained in Drawings, Specifications or other documents prepared by the Owner, Architect, or Construction

Manager. However, if the Contractor has reason to believe that the required design, process or product is an

infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is

promptly furnished to the Architect and Owner, through the Construction Manager, specifically setting forth

Contractor’s reason for such belief. In the event of an infringement of any copyright or patent by Contractor, the

Contractor shall use its best efforts, at its sole expense and option, to (i) obtain for Owner the right to continue using

such materials, equipment or software; or (ii) modify the item(s) in question so that it is no longer infringing; or (iii)

replace such item(s) with a non-infringing functional equivalent reasonably acceptable to Owner.

§ 3.18 Indemnification

§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Architect,

Architect’s Consultants, Construction Manager, Construction Manager’s Consultants, Owner, the Town of

Brownsburg, its Parks and Recreation Department, all of their elected and appointed officials, directors, officers,

employees, agents, contractors, assignees, and agents and employees of any of them (the “Indemnitees” or

“Indemnified Parties”), from and against claims, damages, losses, and expenses, including, but not limited to

attorney’s fees, arising out of or resulting from: (i) performance of the Work; (ii) a breach by Contractor of its

obligations hereunder or arising from the acts or omissions of Contractor in performing its obligations hereunder; and

(iii) any breach of any one or more of the Contractor’s representations, warranties, covenants, or agreements contained

herein.

§ 3.18.1.1 Without limiting the foregoing, the Contractor shall defend, indemnify and hold the Indemnitees harmless

from all claims, demands, and causes of action brought against any of them as a result of the Contractor's (or its

consultants', agents', Subcontractors' or Employees') noncompliance with the non-discrimination requirements imposed

by Indiana law or the Agreement, or as a result of the Contractor's noncompliance with any federal, state or local statute,

rule or regulation governing occupational safety and health, and (to the extent not inconsistent with the foregoing) all

applicable safety recommendations of the Associated General Contractors of America, the American National.

Standards Institute, the National Fire Protection Association, all special safety and security requirements of the Owner,

and all other applicable safety laws and regulations of any federal, state and/or local governmental body having

jurisdiction over the Project. If any part of this provision is adjudged to be contrary to law, the remaining parts of the

provision shall in all other respects be and remain legally effective and binding. In addition, this provision shall not be

construed to eliminate or in any way or reduce any other indemnifications or rights which the Indemnitees may have

by contract, statute or by law.

§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,

a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the

indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of damages,

compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts,

disability benefit acts, or other employee benefit acts.






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§3.18.3 If any mechanic's lien is recorded, or stop notice filed, and if the Contractor does not cause such lien or stop notice to be immediately released or discharged (by payment, bonding, or otherwise, and as promptly as possible), the Owner shall have the right (but not the obligation) to pay all sums necessary to obtain such release or discharge and credit all amounts so paid to the Stipulated Sum. The Owner, at the Owner's discretion, may defend its title against such claims of mechanic's lien, and the Contractor shall indemnify and hold harmless the Owner from all costs and expenses, including attorneys' fees arising out of such liens, unless a court of law adjudges the mechanic's lien to be properly filed as a result of the Owner's wrongful withholding of payment.

§3.19 TRENCHING AND PLUMBING

§3.19.1 In the event that the Project requires creation of a trench of at least five (5)feet in depth, OSHA Regulation 29CFR 1926, Subpart P, for Trench Safety Systems, is hereby incorporated by reference into the Contract Documents. The cost of such Trench Safety Systems shall be identified as a separate pay item, or in the pay item of the principal Work for which the Trench Safety System is associated. All such costs shall be included in the Contract Sum.

§3.19.2 In the event the Project requires the installation of plumbing, the Contractor or Subcontractor responsible for such Work shall submit evidence to the Architect that such person is a licensed plumbing contractor under I.C. 25-28.5-1, or this Contract is void.

ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER

§ 4.1 General

§ 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 in the

Agreement and is referred to throughout the Contract Documents as if singular in number.

§ 4.1.2 The Owner shall retain a construction manager lawfully licensed to practice construction management or an

entity lawfully practicing construction management in the jurisdiction where the Project is located. That person or

entity is identified as the Construction Manager in the Agreement and is referred to throughout the Contract

Documents as if singular in number.

§ 4.1.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in

the Contract Documents shall not be restricted, modified or extended without written consent of the Owner,

Construction Manager and Architect. Consent shall not be unreasonably withheld.

§ 4.1.4 If the employment of the Construction Manager or Architect is terminated, the Owner shall employ a successor

construction manager or architect as to whom the Contractor has no reasonable objection and whose status under the

Contract Documents shall be that of the Construction Manager or Architect, respectively.

§ 4.2 Administration of the Contract

§ 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the

Contract Documents and will be the Owner’s representatives during construction until the date the Architect issues

the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the

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

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. On the basis of the site visits, the Architect will keep

the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the

Owner and Construction Manager (1) known deviations from the Contract Documents and from the most recent

Project schedule prepared by the Construction Manager, and (2) defects and deficiencies observed in the Work.

§ 4.2.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in

attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in

general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner

reasonably informed of the progress of the Work, and will report to the Owner and Architect (1) known deviations






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from the Contract Documents and the most recent Project schedule, and (2) defects and deficiencies observed in the

Work.

§ 4.2.4 The Construction Manager will schedule and coordinate the activities of the Contractor and other Multiple

Prime Contractors in accordance with the latest approved Project schedule.

§ 4.2.5 The Construction Manager, except to the extent required by Section 4.2.4, and Architect will not have control

over, or charge of, construction means, methods, techniques, sequences or procedures, or for the safety precautions

and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under

the Contract Documents, except as provided in Section 3.3.1, and neither will be responsible for the Contractor’s

failure to perform the Work in accordance with the requirements of the Contract Documents. Neither the Construction

Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor,

Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work.

§ 4.2.6 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract

Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor

to communicate with each other through the Construction Manager, and shall contemporaneously provide the same

communications to the Architect about matters arising out of or relating to the Contract Documents. Communications

by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors

and material suppliers shall be through the Contractor. Communications by and with other Multiple Prime Contractors

shall be through the Construction Manager and shall be contemporaneously provided to the Architect if those

communications are about matters arising out of or related to the Contract Documents. Communications by and with

the Owner’s own forces shall be through the Owner. The Contractor shall copy the Owner on all correspondence the

Contractor sends to the Architect. The Architect shall copy the Owner on all correspondence the Architect sends to

the Contractor.

§ 4.2.7 The Construction 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 The Architect 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 respect to

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 nor 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 Construction Manager to

the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons

performing any of the Work.

§ 4.2.9 The Construction Manager will receive and promptly review for conformance 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

submittals, the Construction Manager represents to the Owner and Architect that the Construction Manager has

reviewed and recommended them for approval. The Construction Manager’s actions will be taken in accordance with

the Project submittal schedule approved by the Architect or, in the absence of an approved Project submittal schedule,

with reasonable promptness while allowing sufficient time to permit adequate review by the Architect.

§ 4.2.10 The Architect will review and approve or take other appropriate action upon the Contractor’s submittals such

as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with

information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken

in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal






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schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to

permit adequate review. Upon the Architect’s completed review, the Architect shall transmit its submittal review to

the Construction Manager.

§ 4.2.11 Review of the Contractor’s submittals by the Construction Manager and Architect is not conducted for the

purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for

substantiating instructions for installation or performance of equipment or systems, all of which remain the

responsibility of the Contractor as required by the Contract Documents. The Construction Manager and Architect’s

review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Article 3. The

Construction Manager and Architect’s review shall not constitute approval of safety precautions or, unless otherwise

specifically stated by the Construction Manager and Architect, of any construction means, methods, techniques,

sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of

which the item is a component.

§ 4.2.12 The Construction Manager will prepare Change Orders and Construction Change Directives.

§ 4.2.13 The Construction Manager and the Architect will take appropriate action on Change Orders or Construction

Change Directives in accordance with Article 7. and the Architect will have authority to order minor changes in the

Work as provided in Section 7.4. The Architect, in consultation with the Construction Manager, will investigate and

make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.

§ 4.2.14 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at the site for

the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data, Samples and similar required

submittals, in good order and marked currently to record all changes and selections made during construction. These

will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the

Project.

§ 4.2.15 The Construction Manager will assist the Architect in conducting inspections to determine the dates of

Substantial Completion and the date of final completion; issue Certificates of Substantial Completion in conjunction

with the Architect pursuant to Section 9.8; and receive and forward to the Owner written warranties and related

documents required by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction

Manager will forward to the Architect a final Application and Certificate for Payment or final Project Application and

Project Certificate for Payment upon the Contractor’s compliance with the requirements of the Contract Documents.

§ 4.2.16 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 exhibit to be incorporated in the Contract Documents.

§ 4.2.17 The Architect will interpret and decide matters concerning performance under, and requirements of the

Contract Documents on written request of the Construction Manager, Owner or Contractor through the Construction

Manager. The Architect’s response to such requests will be made in writing within any time limits agreed upon or

otherwise with reasonable promptness.

§ 4.2.18 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable

from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations

and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show

partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith.

§ 4.2.19 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent

expressed in the Contract Documents.

§ 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and forward each request for information to the Architect, with the Construction Manager’s recommendation. The Architect will review and respond in writing to the Construction Manager to requests for information about the Contract Documents. The Construction Manager’s recommendation and the Architect’s response to each request will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.






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ARTICLE 5 SUBCONTRACTORS

§ 5.1 Definitions

§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the

Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number

and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not

include other Multiple Prime Contractors or subcontractors of other Multiple Prime Contractors.

§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform

a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as

if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.

§ 5.2 Award of Subcontracts and Other Contracts for Portions of the Work

§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as

practicable but not later than 5 working days after award of the Contract, shall furnish in writing to the Construction

Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including

those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of

the Work. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the

Owner, the Construction Manager or the Architect has reasonable objection to any such proposed person or entity or,

(2) that the Construction Manager, Architect or Owner requires additional time for review. Failure of the Construction

Manager, Owner, or Architect to reply within the 14-day period shall constitute notice of no reasonable objection.

§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager

or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone

to whom the Contractor has made reasonable objection.

§ 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by

the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no

reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the

Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change,

and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work.

However, no 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.

§ 5.3 Subcontractual Relations

§ 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work

to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to

assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the

Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner, Construction

Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction

Manager and Architect under the Contract Documents with respect to the 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 benefit 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, identify to the Subcontractor

terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents.

Subcontractors will similarly make copies of applicable portions of such documents available to their respective






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proposed Sub-subcontractors. All subcontracts between Contractor and Subcontractor shall be in writing and shall be

made available to the Owner upon request.

§ 5.3.2 All subcontracts shall specifically provide that:

.1 the Owner are intended third-party beneficiaries of the subcontract agreement ;

.2 the Subcontractor maintain the insurance coverages required under Article 11 of this Agreement;

.3 the Subcontractor submit waivers of liens for Work completed by it and by its Sub-subcontractors as

a condition to any payment for Work completed;

.4 the Subcontractor furnish to the Contractor in a timely fashion all information necessary for the

preparation and submission of the reports required by the Contract Documents,

.5 the Subcontractor continue to perform under its subcontract agreement in the event the Contractor is

terminated and the Owner assumes the subcontract agreement;

.6 payment from Contractor to Subcontractor [Supplier] is expressly conditioned upon payment from

Owner to Contractor;

.7 in the event the Subcontractor’s performance of the Work is delayed or interfered with by acts of the

Owner, Contractor or other subcontractors, Subcontractor may request an extension of time for the

performance of same, as herein provided, but shall not be entitled to any increase in the subcontract

price or to damages or additional compensation as a consequence of such delays or interference,

except to the extent the prime contract entitled the Contractor to compensation for such delays, and

then only to the extent of any amounts that the Contractor may, on behalf of the subcontractor,

recover from the Owner for such delays.

.8 the mediation and arbitration provision of Sections 15.3 and 15.4 of this Agreement shall govern all

disputes related to the Work; and

.9 no other agreement by Subcontractor in connection with the Work shall contain provisions

inconsistent with any of the foregoing Sections (1) through (8) of this Section 5.9.2.

The Contractor shall indemnify and hold harmless the Owner from and against claims, damages, losses and

expenses arising out of or resulting from the Contractor’s failure to fulfill the requirements of this Section. In

addition, the Owner will have the right to review all subcontracts and reject any which do not comply with the

requirements of this Section.

§ 5.4 Contingent Assignment of Subcontracts

§ 5.4.1 All subcontract agreements shall conform to the requirements of the Contract Documents and Contractor

hereby assigns to Owner (and Owner's permitted assigns) all its interest in any subcontract agreements and purchase

orders now existing or hereinafter entered into by Contractor for performance of any part of the Work, which

assignment will be effective upon termination of the Contractor, resignation of the Contractor, or upon any cause

provided in Article 14 whether or not the Contractor is terminated under Article 14 . Assignment is further contingent

upon acceptance of the assignment by Owner, in writing, and only as to those subcontract agreements and purchase

orders that Owner designates in said writing. It is agreed and understood that Owner may accept said assignment at

any time during the course of construction prior to Final Completion. Upon such acceptance by Owner, (1) Contractor

shall promptly furnish to Owner true and correct copies of the designated subcontract agreements, and purchase orders,

and (2) Owner shall only be required to compensate the designated Subcontractor(s) or supplier(s) for compensation

accruing to such party(ies) for Work done or materials delivered from and after the date on which Owner determines

to accept the subcontract agreement(s) or purchase order(s). All sums due and owing by Contractor to the designated

Subcontractor(s) or supplier(s) for work performed or material supplied prior to Owner's determination to accept the

subcontract agreement(s) or purchase order(s) shall constitute a debt between such parties and Contractor. It is further

agreed that all subcontract agreements and purchase orders shall provide that they are freely assignable by Contractor

to Owner and assigns under the terms and conditions stated hereinabove. It is further agreed and understood that such

assignment is part of the consideration to Owner for entering into the Contract with Contractor and may not be

withdrawn prior to Final Completion. Contractor shall deliver or cause to be delivered to Owner a written

acknowledgment in form and substance satisfactory to Owner from each of its Subcontractors and suppliers of the

contingent assignment described herein no later than ten (10) days after the date of execution of each subcontract

agreement and purchase order with such parties. When the Owner accepts the assignment of a subcontract agreement,

the Owner assumes the Contractor’s rights and obligations under the subcontract.






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§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s

compensation shall be equitably adjusted for increases in cost resulting from the suspension.

§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to

a successor Contractor or other entity. If the Owner assigns the subcontract to a successor Contractor or other entity,

the Owner shall nevertheless remain legally responsible for all of the successor Contractor’s obligations under the

subcontract.

ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS

§ 6.1 Owner’s Right to Perform Construction with Own Forces and to Award Other Contracts

§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s

own forces, which include persons or entities under separate contracts not administered by the Construction Manager,

and to award other contracts in connection with other portions of the Project or other construction or operations on the

site under Conditions of the Contract identical or substantially similar to these including those portions related to

insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such

action by the Owner, the Contractor shall make such Claim as provided in Article 15.

§ 6.1.2 When the Owner performs construction or operations with the Owner’s own forces including persons or entities

under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of

such forces with the Work of the Contractor, who shall cooperate with them.

§ 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations

related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations

and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without

excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12.

§ 6.2 Mutual Responsibility

§ 6.2.1 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 performance

of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as

required by the Contract Documents.

§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by

the Owner’s own forces or other Multiple Prime Contractors, the Contractor shall, prior to proceeding with that

portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in

such other construction that would render it unsuitable for such proper execution and results. Failure of the

Contractor so to report shall constitute an acknowledgment that the Owner’s own forces or other Multiple Prime

Contractors’ completed or partially completed construction is fit and proper to receive the Contractor’s Work,

except as to defects not then reasonably discoverable.

§ 6.2.3 The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the

Owner or Separate Contractor that are not apparent.

§ 6.2.3 Owner shall be reimbursed by the Contractor for costs incurred by the Owner that are payable to a separate

contractor, other Multiple Prime Contractors, the Architect or any other party to which Owner may be liable because

of the Contractor’s delays, improperly timed activities or defective construction.

§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially

completed construction or to property of the Owner, separate contractors, or other Multiple Prime Contractors as

provided in Section 10.2.5.

§ 6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting and patching

as are described for the Contractor in Section 3.14.

§ 6.3 Owner’s Right to Clean Up






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If a dispute arises among the Contractor, other Multiple Prime Contractors and the Owner as to the responsibility

under their respective contracts for maintaining the premises and surrounding area free from waste materials and

rubbish, the Owner may clean up and the Construction Manager, with notice to the Architect, will allocate the cost

among those responsible.

ARTICLE 7 CHANGES IN THE WORK

§ 7.1 General

§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the

Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the

limitations stated in this Article 7 and elsewhere in the Contract Documents.

§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and

Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect

and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the

Architect alone.

§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the

Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or

order for a minor change in the Work. No course of dealing between the parties, nor express or implied acceptance of

alternatives or additions to the Work, shall be the basis for any claim for an increase in any amounts under the Contract

Documents or for a change in any time period provided for in the Contract Documents.

§ 7.2 Change Orders

§ 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner,

Construction Manager, Architect and Contractor, stating their agreement upon all of the following:

.1 The change in the Work;

.2 The amount of the adjustment, if any, in the Contract Sum; and

.3 The extent of the adjustment, if any, in the Contract Time.

§7.2.2 Except as permitted in Paragraph 7.3 below, and in Article 9, a change in the Contract Sum or the Contract Time shall be accomplished only by Change Order. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that the Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any unjust enrichment to the Work, shall be the basis of any claim for an increase in any amounts due under the Contract Documents or for a change in any time period provided for in the Contract Documents.

§7.2.3 The Contractor’s signature on a Change Order shall constitute a full, final and complete waiver and settlement

of any and all claims, demands, and causes of action that Contractor has, or may have in the future, arising out of or

relating to the Change Order and the occurrences, acts, omissions, or events upon which the Change Order is based.

No “reservation of rights” or other attempts by the Contractor to preserve, notwithstanding Contractor’s signature on

the Change Order, present or future claims arising out of or relating to the Change Order shall be effective unless

Owner and Contractor shall both agree, in a separate writing signed by both parties, to the specific terms, conditions,

scope and duration of such reservation. No Change Order shall limit or have the effect of limiting any rights and

remedies afforded to the Owner, including but without limitation claims for defective Work and/or warranty

obligations.

§ 7.3 Construction Change Directives

§ 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the

Owner, Construction Manager and Architect, directing a change in the Work prior to agreement on adjustment, if any,

in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without

invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions,

deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly.






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§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change

Order.

§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be

based on one or a combination of the following methods:

.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to

permit evaluation;

.2 By adding or deducting lump sum or unit prices stated in the Contract Documents or subsequently

agreed upon;

.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or

percentage fee; or

.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

application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or

Contractor, the applicable unit prices shall be equitably adjusted.

§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in

the Work involved and advise the Construction Manager and Architect of the Contractor’s agreement or disagreement

with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in

the Contract Sum or Contract Time.

§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith,

including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall

be effective immediately and shall be recorded as a Change Order.

§ 7.3.7§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect and Construction Manager on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit not to exceed five percent (5%) of such Work's actual cost for Contractor and ten percent (10%) of such Work's actual costs to be apportioned between any and all Subcontractor and Sub-subcontractors. For Work performed by Contractor's own forces, Contractor's mark-up shall be limited to actual cost plus a percentage fee for overhead and profit not to exceed ten percent (10%). In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect and Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:

.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance;

.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;

.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and

.5 Additional costs of supervision and field office personnel directly attributable to the change.

§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a

net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager and Architect.

When both additions and credits covering related Work or substitutions are involved in a change, the allowance for

overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor

may request payment for Work completed under the Construction Change Directive in Applications for Payment. The

Construction Manager and Architect will make an interim determination for purposes of monthly certification for






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payment for those costs and certify for payment the amount that the Construction Manager and Architect determine

to be reasonably justified. The interim determination of cost shall adjust the Contract Sum on the same basis as a

Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.

§ 7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager and Architect

concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the

adjustments, 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.

§ 7.4 Minor Changes in the Work

The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or

extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be

effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor.

ARTICLE 8 TIME

§ 8.1 Definitions

§ 8.1.1 Unless 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.

§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.

§ 8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically

defined.

§8.1.5 Occupancy or utilization of all or a designated portion of the Work by the Owner or Multiple Prime Contractors

shall not constitute a waiver by the Owner of any of its rights provided under the Contract Documents.

§ 8.2 Progress and Completion

§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement,

the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely

commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be

furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective

date of such insurance.

§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion

within the Contract Time.

§8.2.4 In the event that Owner desires to exercise the privilege of partial occupancy prior to Substantial Completion,

Contractor shall accommodate the Owner in making available for Owner’s use such building services as heating,

ventilation, cooling, water, lighting, telephone, and life safety systems for the space or spaces to be occupied, and if

the equipment required to furnish such services is not entirely completed at the time Owner desires to occupy the

aforesaid space or spaces, the Contractor shall make every reasonable effort to complete same as soon as possible to

the extent that the necessary equipment can be put into operation and use.

§ 8.2.5 All Work shall be completed in sufficient time to allow for clean-up prior to the date of Substantial Completion

of the Work.

§ 8.3 Delays and Extensions of Time

§ 8.3.1 If the Contractor is materially delayed at any time in the commencement or progress of the Work by (1) an act

or neglect of the Owner, Owner’s own forces, Construction Manager, Architect, any of the other Multiple Prime

Contractors or an employee of any of them; (2) by changes ordered in the Work; (3) by labor disputes, fire,

unavoidable casualties or other causes beyond the Contractor’s control; or (4) by other causes that the Contractor






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asserts, and the Architect determines, based on the recommendation of the Construction Manager, may justify delay,

then the Contract Time shall be extended for such reasonable time as the Architect may determine.

§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.

§ 8.3.3 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Subparagraph 8.3.1, shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution, or completion of the Work; (2) hindrance or obstruction in the performance of the Work; (3) loss of productivity or acceleration; or (4) other similar claims (collectively referred to in this Subparagraph 8.3.3 as "Delays") whether or not such Delays are foreseeable, unless a Delay is caused solely by an Owner-directed change or the Owner's active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with written notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work.

§ 8.4 Notice of Condition Causing Delay

§ 8.4.1 Within five (5) working days after the commencement of any condition which is causing or may cause delay

in completion, the Contractor must notify the Owner in writing of the effect, if any, of such condition upon the time

progress schedule, and must state why and in what respects, if any, the condition is causing or may cause such delay.

§ 8.4.2 Failure to strictly comply with this requirement may, in the discretion of the Owner, be deemed sufficient

cause to deny any extension of time or an increase in the Contract Sum on account of delay in completion arising out

of or resulting from any change, extra work suspension, or other condition.

§ 8.5 Acceleration and Recovery.

§ 8.5.1 In the event Owner wants to accelerate the Project Schedule and Contract Time, then Owner, at its

discretion, may direct Contractor to accelerate its performance to meet the revised Project Schedule and Contract

Time, in which case Owner shall issue a Change Order to increase the Contract Sum to include the additional cost of

the Work, if any, reasonably incurred by Contractor to meet the Project Schedule. Upon request, Contractor shall

provide Owner with the options available for acceleration, including the costs and impact on the Project Schedule. In

presenting costs, Contractor shall credit Owner for those costs which would not be incurred as a result of Owner’s

willingness to invest extra funds to accelerate the Project Schedule. Owner shall only be responsible for the actual

premium costs of acceleration specifically authorized in advance for the Work in order to offset an excused delay.

§ 8.5.2 In the event of one or more delays which would otherwise require the extension of the Contract Time, the

Owner may require Contractor to develop a recovery schedule and to take such action including, without limitation,

increases in its forces, working overtime and weekends and similar actions to ensure that its performance will meet

the Project Schedule and Contract Time without delay. If the delay was of the type described in Section 14.5, then

Owner shall issue a Change Order to increase the Contract Sum to include the additional cost of the Work, if any,

reasonably incurred by Contractor to meet the Project Schedule. In presenting costs, Contractor shall credit Owner for

those costs which would not be incurred as a result of Owner’s willingness to invest extra funds to compress the

Project Schedule. Owner shall only be responsible for the actual premium costs of recovery specifically authorized in

advance for the Work in order to offset an excused delay. If the delay was caused by Contractor or anyone working

for or through Contractor, then the additional costs incurred by Contractor pursuant to this Section shall not be

reimbursed by Owner and Contractor shall be solely responsible for such costs. § 8.5.3 Notwithstanding anything to the contrary in Section 8 or otherwise, Contractor shall not be entitled to an

extension of the Contract Time or an increase in the Contract Sum as a result of force majeure or acts or omissions of

Owner or Architect unless Contractor delivers written notice to Architect and Owner of its claim therefore within five

(5) days of the commencement of the act or omission of Owner or Architect or the event constituting force majeure.

Such written notice shall identify (i) the cause of the force majeure event, (ii) the anticipated delay in the Contract

Time and increase in the Contract Sum resulting from the force majeure event, (iii) plans to bring either the Contract

Time or Contract Sum back to or closer to the original Contract Time or Contract Sum, and (iv) the anticipated increase

in the Contract Time or Contract Sum if such plans were implemented.






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ARTICLE 9 PAYMENTS AND COMPLETION

§ 9.1 Contract Sum

The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by

the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 9.2 Schedule of Values

Where the Contract is based on 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 various portions of the Work and prepared in such form and supported by such data to substantiate its

accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the

Construction Manager 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.

§9.2.2 The schedule of values shall be prepared in a manner that shows each major portion of the Work as a separate line item with material, labor, rentals, and subcontract breakdowns. The Contractor shall identify those line items of Work that will be accomplished by Subcontractors. A breakdown by Specification Section shall be provided by phased work area.

§ 9.3 Applications for Payment

§ 9.3.1 Payment shall be as follows: On or about the tenth (10th) day of the month, ninety percent (90%) of the portion

of the Contract Sum properly allocable to labor, materials and equipment incorporated in the work and agreed upon

in writing by both parties until the public work is 50% completed and one hundred percent (100%) of that portion of

the Contract Sum thereafter properly allocable to labor, materials and equipment incorporated in the Work and agreed

upon in writing by both parties. Payments shall be determined as of work completed fifteen (15) days prior to the date

on which the Application for Payment is submitted, less the aggregate of previous payments in each case. Upon

Substantial Completion of the entire work, total payments shall be ninety five percent (95%) of the Contract Sum, less

such retainage as the Architect shall determine for all incomplete work and unsettled claims. The full Contract

retainage may be reinstated if the manner of completion of the Work and its progress do not remain satisfactory to the

Owner and the Architect or if the Surety withholds its consent, or for other good and sufficient reasons.

§ 9.3.1.1 As provided for in Article 7, such applications may include request for payment on account of changes in

the Work which have been properly authorized by the Construction Change Directives, or interim determinations of

the Construction Manager and Architect, but not yet included in Change Orders. Together with AIA Forms G702,

Application and Certificate for Payment, and G703 Continuation Sheet for G702, the Contractor shall submit to the

Architect and Construction Manager affidavits and lien waivers, acceptable to Owner and Owner’s lender, from the

Contractor and each subcontractor and sub-subcontractor as a condition precedent to payment.

§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the

Contractor does not intend to pay a Subcontractor or material supplier unless such Work has been performed by others

whom the Contractor intends to pay.

§ 9.3.1.3 Neither final acceptance of the Work, nor payment therefore, nor any provision in the Contract Documents

shall relieve Contractor of responsibility for defective or deficient materials or workmanship

§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and

equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance

by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location

agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon

compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials

and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage

and transportation to the site for such materials and equipment stored off the site.






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§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner

no later than the time of payment. The Contractor further warrants that upon submittal of an Application for

Payment all Work for which Certificates for Payment have been previously issued and payments received from the

Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims,

security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or

entities making a claim by reason of having provided labor, materials and equipment relating to the Work.

§ 9.3.4 Contractor shall hold Owner harmless from and against all liens, claims of liens, and notices of personal

liability for materials, equipment, labor, and other costs, or any of them, filed against the Work or the site of the

Project, or any part thereof, and from and against all expenses and liability in connection therewith including, but

not limited to, the court costs and attorneys’ fees resulting or arising therefrom. Should any such liens or notices be

received by Owner or filed of record, Contractor shall promptly pay or discharge the same and cause the same to be

released of record, or shall furnish Owner with appropriate bond in the form and amount satisfactory to Owner.

Assuming the Owner is current in its payments to the Contractor, yet the Contractor fails to promptly pay or

discharge such lien or notice, the Owner shall have the right to retain an additional amount from any payment then

or thereafter due Contractor sufficient to satisfy and defend such lien or notice, including all attorneys’ fees and

expenses, and the Contract Sum shall be reduced by such amount. If the remaining portion of the Contract Sum not

yet paid to the Contractor is insufficient to satisfy and defend such lien or notice, the Contractor shall be liable for

and shall immediately reimburse the Owner for such amounts, including all attorneys’ fees and expenses. The

obligations of the Contractor and the rights of the Owner under this paragraph are subject to and conditioned upon

the Owner having made payment to the Contractor as required under the Contract Documents.

§9.3.4 Applications for Payment, subsequent to the first application, shall be accompanied by Waivers of Lien from the Prime Contractors and suppliers/subcontractors with contracts in excess of $1,000 and Affidavit; forms shall be as acceptable to the Owner.

§9.3.5 Duplicate originals of the periodic Subcontractor and materialmen's lien waivers and releases shall remain on file at the Contractor's office for inspection by the Owner or Owner's lenders. Duplicate originals of final lien waivers and releases supplied by each Subcontractor and materialman shall remain on file at the Contractor's office for a period of one (1) year from the date of final payment and shall be available for inspection by the Owner or Owner's lenders. § 9.3.6 When Application for Payment includes materials stored off the Project site or stored on the Project site but not incorporated in the Work, for which no previous payment has been requested, a complete description of such materials shall be attached to the application. Suitable storage which is off the Project site shall be a bonded warehouse or appropriate storage approved by Owner and Owner's lenders with the stored materials properly tagged and identifiable for this Project and properly segregated from other materials. The Owner's written approval shall be obtained before the use of an offsite storage is made. Such approval may be withheld in Owner's sole discretion.

§9.3.7 Upon completion of the punch list, the Owner shall retain, in addition to retainage, two hundred percent (200%) of the cost of completing all punch list items (the "Punch List Retainage"). The Contractor agrees to cause the completion of all punch list items within thirty (30) days of receipt of the punch list by the Contractor. Should the Contractor fail to complete all punch list items within such time, the Owner may deduct an amount equal to ten percent (10%) of the Punch List Retainage for each day thereafter until all punch list items are completed and accepted by the owner.

§ 9.4 Certificates for Payment

§ 9.4.1 Where there is only one Contractor, Construction Manager will, within seven days after the Construction

Manager’s receipt of the Contractor’s Application for Payment, review the Application, certify the amount the

Construction Manager determines is due the Contractor, and forward the Contractor’s Application and Certificate

for Payment to the Architect. Within seven days after the Architect receives the Contractor’s Application for

Payment from the Construction Manager, the Architect will either issue to the Owner a 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 reasons for withholding certification in whole or in

part as provided in Section 9.5.1. The Construction Manager will promptly forward to the Contractor the Architect’s

notice of withholding certification.






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§ 9.4.2 Where there are Multiple Prime Contractors performing portions of the Project, the Construction Manager

will, within seven days after the Construction Manager receives the Multiple Prime Contractors’ Applications for

Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each of

the Multiple Prime Contractors; (2) prepare a Summary of Contractors’ Applications for Payment by combining

information from each Multiple Prime Contractors’ application with information from similar applications for

progress payments from other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for

Payment; (4) certify the amount the Construction Manager determines is due all Multiple Prime Contractors; and (5)

forward the Summary of Contractors’ Applications for Payment and Project Application and Certificate for Payment

to the Architect.

§ 9.4.3 Within seven days after the Architect receives the Project Application and Project Certificate for Payment

and the Summary of Contractors’ Applications for Payment from the Construction Manager, the Architect will

either issue to the Owner 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 reasons 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 Prime

Contractors, a Project Application and Certificate for Payment shall be based upon the Construction Manager’s

evaluation of the Work and the information provided 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,

information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance

with the Contract Documents. The certification will also constitute a recommendation to the Architect and Owner

that the Contractor be paid the amount certified.

§ 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

Architect’s knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the

Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount

certified.

§ 9.4.6 The representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for

conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and

inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific

qualifications expressed by the Construction Manager or Architect.

§ 9.4.7 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a

representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections

to check the quality or quantity of the Work, (2) reviewed the Contractor’s construction means, methods, techniques,

sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers

and other data requested by the Owner to substantiate the Contractor’s right to payment or (4) made examination to

ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

§ 9.5 Decisions to Withhold Certification

§ 9.5.1 The Construction Manager or Architect may withhold a Certificate for Payment or Project Certificate for

Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction

Manager’s or Architect’s opinion the representations to the Owner required by Section 9.4.4 and 9.4.5 cannot be

made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the

Construction Manager will notify the Contractor and Owner as provided in Section 9.4.1 and 9.4.3. If the

Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly issue

a Certificate for Payment or a Project Certificate for Payment for the amount for which the Architect is able to make

such representations to the Owner. The Construction Manager or Architect may also withhold a Certificate for

Payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a

part of a Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be






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necessary in the Construction Manager’s or Architect’s opinion to protect the Owner from loss for which the

Contractor is responsible, including loss resulting from the acts and omissions described in Section 3.3.2 because of

.1 damaged or defective Work not remedied;

.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor;

.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;

.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum or completed within the Contract Time;

.5 damage to the Owner or a separate contractor;

.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the

unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated

delay;

.7 failure to carry out the Work in accordance with the Contract Documents;

.8 failure of Contractor to submit a Schedule of Values in accordance with the Contract Documents;

.9 failure of Contractor to maintain a record of changes on drawings and documents;

.10 Contractor’s neglect or unsatisfactory prosecution of the Work, including failure to clean up; or

.11 failure of Contractor to comply with any provision of the Contract Documents.

§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts

previously withheld. The Owner shall not be deemed to be in default of the Contract by reason of withholding payment

while the Owner has a reasonable belief that any of the foregoing grounds remain uncured.

§ 9.5.3 If the Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner

may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment

suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment

suitably delivered. If the Owner makes payments by joint check, 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 issued a Certificate for Payment or Project Certificate for Payment, the Owner shall

make payment in the manner and within the time provided in the Contract Documents, and shall so notify the

Construction Manager and Architect.

§ 9.6.2 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.

§ 9.6.3 The Architect and Construction Manager will, on request, furnish to a Subcontractor, if practicable,

information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon

by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor.

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid

Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted

Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact

Subcontractors to ascertain whether they have been properly paid.. Neither the Owner, Construction Manager nor

Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as

may otherwise be required by law. Notwithstanding any other provision to the contrary, however, Owner may elect in

its sole discretion to make any payment due to a Contractor jointly to a subcontractor and the Contractor.

§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided

in Sections 9.6.2, 9.6.3 and 9.6.4.

§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the

Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.






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§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,

payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall

be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both,

under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require

money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary

liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of

punitive damages against the Contractor for breach of the requirements of this provision.

§ 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall

defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and

litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any

tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If

approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against

which the lien or other claim for payment has been asserted.

§ 9.7 Omitted.

§ 9.8 Substantial Completion

§ 9.8.1 Substantial Completion is the stage in the progress of the Work when (1) the Work or designated portion

thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize

the Work for its intended use; (2) the punchlist has been prepared pursuant to standard industry practice; (3) the

Architect, Construction Manager and/or Owner have determined that the Work has been substantially completed in

accordance with this Agreement; and (4) the Contractor has obtained approval from the applicable government

authorities permitting occupancy, if applicable.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify the Construction Manager, and the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Contractor shall complete items on the list within thirty (30) days of receipt of the completed list. If the Contractor fails to do so, the Owner in its discretion may perform the Work by itself or others and the cost thereof shall be charged against the Contractor. If more than one inspection by the Architect for the purpose of evaluating corrected work is required by the subject list of items to be completed or corrected, it will be performed by the Contractor's expense. Failure to include 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 and Owner, will make an

inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s

inspection discloses any item, whether or not included on the list, which is not sufficiently complete in accordance

with the requirements of the Contract Documents so that the Owner can occupy or utilize the Work or designated

portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion,

complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a

request for another inspection by the Architect, assisted by the Construction Manager and Owner, to determine

Substantial Completion.

§ 9.8.4 When the Architect, assisted by the Construction Manager, determines 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

and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the

Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of

the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written

acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any,

the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall

be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.






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§ 9.9 Partial Occupancy or Use

§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when

such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to

by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use

may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted

in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat,

utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the

Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion

substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect

as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably

withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and

Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction

Manager.

§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and

Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and

record the condition of the Work.

§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute

acceptance of Work not complying with the requirements of the Contract Documents.

§ 9.10 Final Completion and Final Payment

§ 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that

the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final

Contractor’s Application for Payment. Upon receipt, the Construction Manager will evaluate the completion of Work

of the Contractor and then forward 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. All warranties and guarantees

required under or pursuant to the Contract Documents shall be assembled and delivered by the Contractor to the

Architect as part of the final Application for Payment. The final Certificate for Payment will not be issued by the

Architect until all warranties and guarantees have been received and accepted by the Owner.

§ 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 in form and substance satisfactory to Owner (1) an affidavit that

payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or

the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or

otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force

after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the

insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any,

to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific

Subcontractor warranties, (6) if required by the Owner, other data establishing payment or satisfaction of obligations,

such as receipts and 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 the Owner; (7) all as-built drawings, certifications,

maintenance manuals, operating instructions, written guarantees, warranties, bonds and other deliverables related to

the Work and assignments of all guarantees and warranties from Subcontractors, vendors, suppliers and

manufacturers; (8) all other materials, documents and certifications required by the Contract Documents. To the extent

the Contractor intends to make final payment to certain of its Subcontractors out of the final payment to be received

from the Owner, the Owner shall have the right to disburse such amounts by joint checks or the Contractor shall

provide other assurance, in a form satisfactory to the Owner, that all its Subcontractors will be fully paid out of the

final payment made by the Owner to the Contractor. If a Subcontractor refuses to furnish a release or waiver required

by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien,






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claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance 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 the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees.

§ 9.10.3 Omitted.

§ 9.10.4 Omitted.

§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of

claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of

final Application for Payment.

§ 9.10.6 If at the time of final payment there are remaining uncompleted items, an amount equal to two-hundred percent (200%) of the value of each item as determined by the Architect shall be withheld until said items are completed, and a Final Certificate of Payment is issued by the Architect.

§9.10.7 As a condition precedent to Contractor’s entitlement to final payment hereunder, Contractor shall deliver to

Owner, for approval of Owner and Architect, all warranties and guaranties required by the Contract Documents and

as-built drawings and manuals assembled, bound and indexed, presenting for the Owner’s guidance full details for

maintenance and/or operation of all equipment, systems and materials installed. Contractor shall also provide written

confirmation that all start-up, testing and balancing of systems, equipment and other materials has been successfully

completed in accordance with the commissioning requirements set forth in the Contract Documents. Contractor shall

also provide thorough and detailed instructions at the Project site to Owner’s personnel with respect to proper

maintenance and/or operation of all equipment, systems and materials. Contractor shall arrange for technical

instructions to be given by qualified representatives of the manufacturers. Construction Manager and/or Architect will

during the course of the work review the Contractor’s as-built drawings to ascertain that they are being kept current.

Failure to maintain current as-built drawings will be grounds for the Owner to reduce or withhold Contractor’s

subsequently monthly pay requests until such time as the as-built drawings are made current.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

§ 10.1 Safety Precautions and Programs

The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in

connection with the performance of the Contract. The Contractor shall submit the Contractor’s safety program to the

Construction Manager for review and coordination with the safety programs of other Contractors. The Construction

Manager’s responsibilities for review and coordination of safety programs shall not extend to direct control over or

charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or

Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction

Manager.

§ 10.2 Safety of Persons and Property

§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to

prevent damage, injury or loss to

.1 employees on the Work and other persons who may be affected thereby;

.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site,

under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-

subcontractors;

.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,

structures and utilities not designated for removal, relocation or replacement in the course of

construction; and

.4 construction or operations by the Owner or other Contractors.

§ 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes,

rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their

protection from damage, injury, or loss.

§ 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of

the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings






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against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of

the safeguards.

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are

necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under

supervision of properly qualified personnel and give the Owner reasonable advance notice, and shall not commence,

use or store until authorized in writing by the Owner.

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property

insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4

caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly

employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible

under Sections 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,

Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose

acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing

obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18.

§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty

shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated

by the Contractor in writing to the Owner, Construction Manager and Architect.

§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or

create an unsafe condition.

§ 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of

others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not

insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice

shall provide sufficient detail to enable the other party to investigate the matter.

§ 10.3 Hazardous Materials and Substances

§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents

regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the

Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to

persons resulting from a material or substance, including but not limited to, asbestos or polychlorinated biphenyl

(PCB),encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately

stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing.

§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory

to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material

or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract

Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and

qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or

substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor,

the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of

them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction

Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another

to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. When the material

or substance has been rendered harmless, Work in the affected area shall resumed upon written agreement of the

Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum

shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up.

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings

to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible

for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or

negligence in the use and handling of such materials or substances.






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§ 10.3.5 The Contractor 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.

§ 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to

prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor

on account of an emergency shall be determined as provided in Article 15 and Article 7. Nothing in this Section

shall be construed as relieving the Contractor from the cost and responsibility for emergencies covered hereby,

which with normal diligence, planning, and the close supervision of the Work as required under the Contract, could

have been foreseen or prevented.

ARTICLE § 11.1 CONTRACTOR'S LIABILITY INSURANCE

§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do

business in the jurisdiction in which the Project is located and to which the Owner has no reasonable objection, such

insurance as will protect the Contractor from claims set forth below which may arise out of or result from the

Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally

liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed

by any of them, or by anyone for whose acts any of them may be liable:

.1 claims under workers' compensation, disability benefit and other similar employee benefit acts that which

are applicable to the Work to be performed;

.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's

employees;

.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the

Contractor's employees;

.4 claims for damages insured by usual personal injury liability coverage;

.5 claims for damages, because of injury to or destruction of tangible property, including loss of use

resulting therefrom;

.6 claims for damages because of bodily injury, death of a person or property damage arising out of

ownership, maintenance or use of a motor vehicle;

.7 claims for bodily injury or property damage arising out of completed operations; and

.8 claims involving contractual liability insurance applicable to the Contractor's obligations under the

indemnity provisions of the Contract.

§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the

Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or

claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date

of final payment and termination of any coverage required to be maintained after final payment and, with respect to the

Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other

period for maintenance of completed operations coverage as specified in the Contract Documents.

11.1.2.1 The Owner reserves the right to specify other limits where warranted by the potential risk associated

with the Scope of Work to be performed.

11.1.2.2 Evidence of applicable umbrella coverage may be included in the Contract Documents and in each

Insurance Certificate to satisfy any limits of liability specified. In addition to any other insurance

requirements contained in the Contract Documents, the insurance required under this Paragraph 11.1 shall be

as follows:

1. Workers' Compensation:

a. State Statutory

b. Applicable Federal (e.g. Longshoremen's) Statutory

c. Employer’s Liability $1,000,000

2. Comprehensive General Liability (including Premises Operations; Independent

Contractors' Protective; Products and Completed Operations; Broad Form






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Property Damage):

a . Bodily Injury - Each Occurrence $1,000,000

b . Property Damage - Each Occurrence $1,000,000

c . Property Damage - Annual Aggregate $2,000,000

3. Provide X, C or U coverage as applicable

a. Bodily Injury - Each Occurrence $1,000,000

b. Property Damage - Each Occurrence $1,000,000

c. Property Damage - Annual Aggregate $2,000,000

4. Personal Injury with Employment Exclusion deleted:

a. Annual Aggregate $1,000,000

5. Comprehensive Automobile Liability

a. Bodily Injury - Each Occurrence $1,000,000

b. Property Damage - Each Occurrence $1,000,000

c. Property Damage - Annual Aggregate $2,000,000

6. Umbrella Excess Liability:

a. Bodily Injury Each Occurrence $1,000,000

b. Property Damage - Over Primary Insurance $1,000,000

c. Property Damage - Retention for Self-Insured Hazards –

Each Occurrence $1,000,000

7. The Owner will carry its own property insurance.

The Contractor is required to pay the deductible on any claims on this insurance resulting from the construction

activity.

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for

transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter upon

renewal or replacement of each required policy of insurance. An additional certificate evidencing continuation 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 until the

expiration of the time required by Section 11.1.2. Information concerning reduction of coverage shall be furnished

by the Contractor with reasonable promptness.

§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to

include (1) the Construction Manager, the Construction Manager’s consultants, the Owner, the Architect, and the

Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts

or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in

whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.

§ 11.1.5 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the

date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by

the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation

or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from

an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the

procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve

the Contractor of any contractual obligation to provide any required coverage.

§ 11.2 Owner’s Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.

§ 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






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modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the

site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless

otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are

beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or

entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,

whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-

subcontractors in the Project.

§ 11.3.1.1 Property insurance shall be on an “all-risk” or equivalent policy form and shall include, without

limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,

without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm,

falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by

enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Architect’s,

Contractor’s, and Construction Manager’s services and expenses required as a result of such insured loss.

§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of

the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to

commencement of the Work. The Contractor may then effect insurance that will protect the interests of the

Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof

shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or

maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all

reasonable costs properly attributable thereto.

§ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such

deductibles.

§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work

in transit.

§ 11.3.1.5Contractor shall require that all Subcontractors of every tier supply Certificates of Insurance evidencing

liability insurance that complies with the requirements of Paragraph 11.1.1 with limits according to a schedule of

Subcontractor's liability insurance to be submitted by Contractor and approved by Owner. Subcontractors of every tier

shall also supply copies of endorsements to their insurance policies naming Owner as an additional named insured as

respects the operations of Subcontractors. In the alternative, Contractor shall maintain the above coverage on a

"blanket" basis to cover the operations of all Subcontractors.

§ 11.2 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE

§ 11.2.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective

Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and

Architect's vicarious liability for construction operations under the Contract.

§ 11.3 PROPERTY INSURANCE

§ 11.3.1 No type of insurance shall be required to be furnished by the Owner. The furnishing of insurance by the

Owner shall in no way relieve, nor be construed to relieve, the Contractor or subcontractors of any tier of any

responsibility or obligation whatsoever otherwise imposed by this Contract.

§ 11.3.1.2 Partial occupancy or use in accordance with the Contract Documents shall not commence until the insurance

company or companies providing property insurance have consented to such partial occupancy or use by endorsement

or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company

or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that

would cause cancellation, lapse or reduction of insurance.

§ 11.4 PERFORMANCE BOND AND PAYMENT BOND

§ 11.4.1The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of

the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically






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required in the Contract Documents on the date of execution of the Contract.

§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment

of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize

a copy to be furnished.

§11.4.3 Performance Bond and Labor and Material Payment Bond shall be executed by a surety acceptable to the

Owner, current as of the date of the award of the Contract.

§11.5 GENERAL INSURANCE REQUIREMENTS

§11.5.1 All insurance coverage procured by the Contractor shall be provided by insurance companies having policy

holder ratings no lower than "A" in the Best's Insurance Guide, latest edition in effect as of the date of this Contract,

and later in effect at the time of renewal of any policies required by the Contract Documents.

§11.5.2 If the Owner is damaged by the failure of the Contractor to purchase or maintain the insurance required under

Article 11, then the Contractor shall bear all reasonable costs (including attorneys' fees and court and settlement

expenses) properly attributable to such failure.

§11.5.3 Contractor hereby releases, and shall cause its Subcontractors and suppliers to release the Owner and

Indemnitees (the "Released Parties") from any and all claims or causes of action whatsoever which Contractor and/or

such parties might otherwise possess resulting in or from or in any way connected with any loss covered or which

should have been covered by insurance, including the deductible portion thereof, maintained and/or required to be

maintained by Contractor and/or its Subcontractors and suppliers pursuant to the Contract. This release is further

intended to bind Contractor's and such parties' insurers providing the above stated insurance coverages, and Contractor

agrees to inform and obtain permission from its insurers, and further agrees to require its Subcontractors and suppliers

to inform and obtain permission from their insurers, to so release the Released Parties from any and all claims or

causes of action as provided above, so as to effectively waive any subrogation rights of said insurers.

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK

§ 12.1 Uncovering of Work

§ 12.1.1 If a portion of the Work is covered contrary to the Construction Manager’s or Architect’s request or to

requirements specifically expressed in the Contract Documents, it must, if requested in writing by either, be uncovered

for their observation and be replaced at the Contractor’s expense without change in the Contract Time or Contract

Sum.

§ 12.1.2 If a portion of the Work has been covered that the Construction Manager or Architect has not specifically

requested to examine prior to its being covered, the Construction Manager or Architect may request to see such Work

and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor

shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such

Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction,

shall be at the Contractor’s expense.

§ 12.2 Correction of Work

§ 12.2.1 Before Substantial Completion

The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform

to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not

fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections,

the cost of uncovering and replacement, and compensation for the Construction Manager’s and Architect’s services

and expenses made necessary thereby, shall be at the Contractor’s expense. If the Contractor, a Subcontractor, or

anyone for whom either is responsible damages any portion of the Work, including, without limitation, mechanical,

electrical, plumbing and other building systems, machinery, equipment or other mechanical device, the Contractor

shall cause such damage to be repaired at no expense to the Owner.






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§ 12.2.2 After Substantial Completion

§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial

Completion of the Work or designated portion thereof or after the date for commencement of warranties established

under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the

Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct

it promptly after receipt of written notice from the Owner to do so at the Contractor’s expense, unless the Owner has

previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly

after discovery of the condition. If the Contractor fails to correct nonconforming Work within a reasonable time during

that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with

Section 2.5. If the Contractor, a Subcontractor or anyone for whom either is responsible damages any portion of the

Work including, without limitation, mechanical, electrical, plumbing and other building systems, machinery or

equipment, the Contractor shall cause such damage to be properly repaired in accordance with the Contract Documents

at no expense to the Owner.

§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first

performed after Substantial Completion by the period of time between Substantial Completion and the actual

completion of that portion of the Work.

§ 12.2.3 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 not 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 limitation with respect to

other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for

correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct

the Work, and has no relationship to the time within which the obligation to comply with 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.

§ 12.3 Acceptance of Nonconforming Work

If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the

Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as

appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ARTICLE 13 MISCELLANEOUS PROVISIONS

§ 13.1 Governing Law

The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice

of law rules, and the venue for any dispute shall be the County where the Project is located.

§ 13.2 Successors and Assigns

§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal

representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other

party in respect to covenants, agreements, and obligations contained in the Contract Documents.

§ 13.2.2 Contract Documents and the terms and provisions thereof shall endure to the benefit of and be binding upon

successors and assigns of the parties. Owner may transfer, in whole or in part, and assign at any time or times the

Contract Documents and obligations of Owner hereunder in which event the Assignee will be substituted in place of

the Owner. Upon any such assignment by Owner, the Owner's liabilities and obligations hereunder or under any

instruments, documents or agreements made pursuant hereto, shall be binding upon the Assignee and the Owner shall

be relieved of all of the same as though the Contract Documents were made with the Assignee in the first instance.

Contractor may not assign or subcontract the Agreement or Contract Documents without the express written consent of

the Owner.






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13.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the

firm or entity or to an officer of the corporation for which it was intended; or if delivered at or sent by registered or

certified mail or by courier service providing proof of delivery to, the last business address known to the party giving

notice.

§ 13.4 Rights and Remedies

§ 13.4.1 Duties and obligations imposed by the Contract Documents on the Contractor and rights and remedies

available thereunder to Owner shall be in addition to and not a limitation of duties, obligations, rights, and remedies

otherwise imposed or available by law or in equity, and any such rights and remedies shall survive the acceptance of

the work and/or any completion or termination of the Contract Documents.

§ 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a

waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval

of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.

§ 13.5 Tests and Inspections § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents

and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless

otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an

independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall

bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager, Architect

and Owner’s Representative timely notice of when and where tests and inspections are to be made so that the

Construction Manager, Architect and Owner’s Representative may be 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.

§ 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that

portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the

Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make

arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the

Contractor shall give timely notice to the Construction Manager, Architect and Owner of when and where tests and

inspections are to be made so that the Construction Manager, Architect and Owner may be present for such procedures.

Such costs except as provided in Section 13.5.3, shall be at the Owner’s expense. The Contractor also agrees that the

cost of testing services required for the convenience of the Contractor in his scheduling and performance of the Work,

and the cost of testing services related to remedial operations performed to correct deficiencies in the Work, shall be

borne by the Contractor.

§ 13.5.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions

of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such

failure, including those of repeated procedures and compensation for the Construction Manager’s and Architect’s

services and expenses, shall be at the Contractor’s expense.

§ 13.5.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract

Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the

Architect.

§ 13.5.5 If the Construction Manager or Architect is to observe tests, inspections, or approvals required by the Contract

Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of

testing.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid

unreasonable delay in the Work.

§13.5.7 Where materials are specified to conform to the standard specifications of the American Society for Testing

and Materials, American Concrete Institute, American Institute of Steel Construction, other recognized technical






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organizations or the Federal Government, but testing is not required in connection therewith, the Contractor shall

furnish certificates to the Architect as evidence that the proposed products meet the requirements of the standard

specifications cited.

§ 13.6 Interest

Payments due and unpaid under the Contract Documents shall bear interest in accordance with the Agreement.

13.7 Policies of Employment

The Contractor and Subcontractors shall not discriminate against an employee or applicant for employment because

of race, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that the applicants are

employed, and that employees are treated during employment without regard to their race, religion, color, sex, 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; rates of pay or other forms of compensation;

and selectin for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to

employees and applicants for employment, notices setting forth the policies of nondiscrimination.

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT

§ 14.1 Omitted.

§ 14.2 Termination by the Owner for Cause

§ 14.2.1 The Owner may terminate the Contract if the Contractor:

.1 refuses or fails to supply enough properly skilled workers or proper materials;

.2 fails to prosecute the Work in a timely manner;

.3 fails to make payment to Subcontractors for materials or labor in accordance with the respective

agreements between the Contractor and the Subcontractors;

.4 fails to complete the Work in an acceptable manner; or

.5 disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public

authority;

6.4 disregards the instructions of Architect or Owner (when such instructions are based on the requirements

of the Contract Documents);.7 breaches any warranty made by the Contractor under or pursuant to

the Contract Documents;

.8 fails to furnish the Owner with assurances satisfactory to the Owner evidencing the Contractor’s ability to

complete the Work in compliance with all the requirements of the Contract Documents;

.9 fails after commencement of the Work to proceed continuously with the construction and completion of

the Work for more than ten (10) days, except as permitted under the Contract Documents;

.10 commits any of the actions set forth in Article 9, subparagraph 9.5.1;

.11 is adjudged bankrupt or insolvent or makes a general assignment for the benefit of Contractor’s creditors,

or a trustee or receiver is appointed for Contractor or for any of its property, or files a petition to

take advantage of any debtor’s act, or to reorganize under bankruptcy or similar laws;

.12 otherwise does not fully comply with the Contract documents

§ 14.2.2 When any of the reasons described in Section 14.2.1 exist, after consultation with the Construction Manager

that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of

the Owner and after giving the Contractor and the Contractor’s surety, if any, 48 hours’ written notice, terminate

employment of the Contractor and may, subject to any prior rights of the surety:

.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and

construction equipment and machinery thereon owned by the Contractor;

.2 Accept assignment of subcontracts pursuant to Section 5.4; and

.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request

of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred

by the Owner in finishing the Work.






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§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall

not be entitled to receive further payment until the Work is finished, and shall otherwise remain liable to the Owner

for all damages incurred as a result of the breach, if any , of this Agreement. .

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for

the Construction Manager’s or Architect’s services and expenses made necessary thereby, and other damages incurred

by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed

the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or

Owner, as the case may be, shall be certified by the Construction Manager and Architect, upon application, and this

obligation for payment shall survive termination of the Contract.

§ 14.3 Suspension by the Owner for Convenience

§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in

whole or in part for such period of time as the Owner may determine.

§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by

suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No

adjustment shall be made to the extent

.1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause

for which the Contractor is responsible; or

.2 that an equitable adjustment is made or denied under another provision of the Contract.

§ 14.4 Termination by the Owner for Convenience

§ 14.4.1 The Owner may, at any time, in whole or in part, terminate the Contract for the Owner’s convenience and

without cause.

§ 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, and except as

otherwise directed by the Owner, the Contractor shall

.1 cease operations as directed by the Owner in the notice;

.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;

.3 except for Work directed to be performed prior to the effective date of termination stated in the notice,

terminate all existing subcontracts and purchase orders and enter into no further subcontracts and

purchase orders;

.4 where directed by Owner, immediately transfer to Owner all materials, supplies, work on progress,

appliances, facilities, machinery and tools acquired by Contractor in connection with the performance

of the Work; and

.5 immediately deliver all plans, drawings, specifications and other necessary information to the Owner.

§ 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work

properly executed and costs incurred by reason of the termination,

§ 14.4.4 Upon a determination that a termination of this Contract by Owner other than a termination for convenience

under this Section 14.4 was wrongful or improper for any reason, such termination shall automatically be deemed

converted to a convenience termination under this Section 14.4, and the Contractor’s remedy for such wrongful

termination shall be limited to the recoveries specified under Section 14.4.3.

§ 14.4.5 All obligations of the Contractor under the Contract Documents with respect to completed Work, including

but not limited to all warranties, guarantees, and indemnities, shall apply to all Work completed or substantially

completed by the Contractor prior to a convenience termination by the Owner. Notwithstanding the above, any

convenience termination by the Owner or payments to the Contractor shall be without prejudice to any claims or

legal remedies that the Owner may have against the Contractor for any cause.

ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of

money, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and

matters in question between the Owner and Contractor arising out of or relating to the Contract The responsibility to

substantiate Claims shall rest with the party making the Claim.






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§ 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written notice to the other

party and to the Initial Decision Maker with a copy sent to the Construction Manager and Architect, if the

Construction Manager and or Architect is not serving as the Initial Decision Maker. Claims by either party must be

initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant

first recognizes the condition giving rise to the Claim, whichever is later.

§ 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing

or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the

Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The

Construction Manager will prepare Change Orders and the Architect and/or Construction Manager will issue a

Certificate for Payment or Project Certificate for Payment in accordance with the decisions of the Initial Decision

Maker.

§ 15.1.4 Claims for Additional Cost. If the Contractor wishes to make a Claim for an increase in the Contract Sum,

written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required

for Claims relating to an emergency endangering life or property arising under Section 10.3. Such notice shall

include, to the extent then known by Contractor, full details and substantiating data to permit evaluation by the

Owner and the Architect. If further, or other, information subsequently becomes known to the Contractor, it shall be

promptly furnished to the Owner and the Architect in writing. No Claims for increased costs, charges, expenses or

damages of any kind shall be made by the Contractor against the Owner for any delays or hindrances from any cause

whatsoever; provided that the Owner, in the Owner’s discretion, may compensate the Contractor for any said delays

by extending the time for completion of the Work as specified hereunder. Should the Contractor sustain any damage

through any act or omission of any other contractor having a contract with the Owner or through any act or omission

of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.

§ 15.1.5 Claims for Additional Time § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided

herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on

progress of the Work. In the case of a continuing delay only one Claim is necessary.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be

documented by data substantiating that weather conditions were abnormal for the period of time, could not have

been reasonably anticipated and had an adverse effect on the scheduled construction.

§ 15.1.6 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for

consequential damages arising out of or relating to this Contract. This mutual waiver includes

.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,

business and reputation, and for loss of management or employee productivity or of the services of

such persons; and

.2 damages incurred by the Contractor for principal office expenses including the compensation of

personnel stationed there, for losses of financing, business and reputation, and for loss of profit

except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination

in accordance with Article 14. Nothing contained in 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.

ARTICLE 16 OTHER CONDITIONS AND SERVICES

§16.1 Invalidity of Provision. If any part of this Agreement is declared invalid by a court of competent jurisdiction or by a valid arbitration proceeding, the part held invalid shall not in any manner affect the validity of the remaining parts of the Agreement and all such remaining parts shall be held to be valid and the full agreement of the parties.

§16.2 Interpretation. The Contract has been prepared initially by Owner and reviewed by Contractor with an opportunity to consult legal counsel. However, in the event of any dispute over its meaning or application, the






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Agreement shall be interpreted fairly and reasonably and neither more strongly for, not more strongly against, either party. In the event any of the preprinted terms of this AIA A232 / Agreement or the AIA Al32/Agreement conflict with a transcripted addition or deletion thereto, the transcripted addition or deletion shall prevail.

§16.3 Responsibility. Contractor warrants, and otherwise agrees to be fully responsible and liable for the performance of the work of its consultants, employees, agents, Subcontractors and Sub-subcontractors. In addition, Contractor shall take reasonable best efforts to ensure all appropriate consultants, employees, agents, and Subcontractors attendance at all meetings Owner may reasonably require in connection with the Project, coordinating their work and resolving all disputes between them.

§16.4 No Oral Modifications. This Agreement may be amended only by a written document signed by authorized persons on behalf of Owner and Contractor.

§16.5 Captions. The captions in this Agreement are for convenience only and are not a part of the Agreement.

§16.6 Waiver. The waiver by either party of any breach or default of this Agreement by the other party shall not be construed as a waiver of any other breach or default of the same or any other terms or conditions of this Agreement. Forbearance from demanding strict compliance with any term or provision of this Agreement shall not operate as a waiver and shall not prevent either party from subsequently demanding strict compliance therewith.

§16.7. Appropriation. Amounts due and payable under this Agreement are subject to the availability of an adequate

appropriation of public funds therefore as required by Indiana Law.

§16.8 Independent Obligations. Nothing contained in any Contract Document or other agreement relating to the Project shall in any manner relieve the Contractor of any duty, covenant, warranty or other obligation to the Owner contained in this Agreement. Nothing contained herein shall in any manner relieve the Architect, Contractor, any Subcontractor, any supplier, or any other third party of any duty, covenant, warranty or other obligation to Owner contained in any Contract Document or other agreement with the Owner, with respect to the Project or any Work performed or to be performed. Contractor hereby waives any defense that in any manner relates to any allegation that the Contractor was relieved of any duty, covenant, warranty or obligation by any obligation also imposed by the Contract Documents upon the Architect, any other Contractor, any Subcontractor, or any supplier.

§16.9 Notice. The following persons shall be the duly Authorized Representative of Owner, Architect and Contractor who are authorized to send or receive notices pursuant to this Agreement.

In the event on behalf of the Owner:

Town of Brownsburg, Hendricks County, Indiana

Attn: Town Manager’s Office

61 N. Green Street

Brownsburg, Indiana 46112; and

Brownsburg Parks and Recreation

Attn: Travis Tranbarger, Director

402 East Main Street,

Brownsburg, Indiana 46162

With Copy to:

Tricia A. Leminger, Esq.

Frost Brown Todd, LLC

201 N. Illinois Street, Ste. 1900

Indianapolis, IN 46244

In the event on behalf of Architect:

Browning Day

Attn: Drew Braley

626 North Illinois Street






User Notes: (1265068870)

46

Indianapolis, IN 46204

In the event to Construction Manager:

Meyer Najem Construction LLC

11787 Lantern Road, Suite 100

Fishers, Indiana 46038

In the event on behalf of Contractor:

[Insert Name of the party executing the Contractor's executed AIA 101 at the address shown on the face of the Agreement]

All Notices shall be in writing and addressed to the party indicated above. Delivery of Notices may be by personal delivery, facsimile transmission, or overnight express courier by a recognized overnight carrier. Copies of all Notices shall be delivered by first class United States mail, postage prepaid. Notices shall be effective immediately upon delivery.

§16.10 Confidentiality. Contractor shall treat all information relating to occurrences on the Project (including without limitation events, discoveries and communications) and all information supplied to Contractor by Owner as confidential, proprietary information owned by Owner. Contractor shall not itself release or permit persons or entities under its control to release such information to third parties or to private or public agencies or make or permit persons or entities under its control to make public announcements or publicity releases relating to such information or the Project without the Owner's prior written consent. Contractor shall include this provision in its subcontracts and shall require its consultants, Subcontractors and suppliers and any other vendors operating through Contractor to strictly comply with this provision. This section shall not be construed to prohibit Contractor from making such disclosures as are specifically required by law. A violation of the provisions of this paragraph shall constitute a material breach of this Agreement.

§16.11 Acknowledgement of Review. Contractor has read and reviewed this Agreement, and all attachments and amendments thereto. Contractor has had the opportunity to consult its attorney regarding this Agreement. By signing this Agreement Contractor represents that it fully understands the terms and conditions of this Agreement, the attachments and amendments thereto and accepts them as binding.

§16.12 Survival. This Agreement and the representations, covenants, rights, duties and obligations provided for herein shall survive its termination and the completion or termination of the services provided for herein.

§16.13 Signage. Contractor acknowledges that all construction signage at the Project shall be designed and erected in cooperation with other participants in the Project and shall be subject to the reasonable approval of the Owner and local development authorities. The Contractor and any Subcontractors shall not erect any sign at the Project site without Owner's prior written consent, which may be withheld at Owner's discretion.

§16.14 Notice of Defects. Contractor shall give prompt written notice to Owner, and Architect if it becomes aware at any time of any material fault, default or defect in the Project or the Work, including any errors, omissions or inconsistencies in any of the Construction Documents, any of the services delivered pursuant to the Contract Documents, any of the services or information provided by Owner and any other materially adverse information relating to the Project

0132375.0630582 4825-4248-4892v4


CONTRACT DOCUMENT LIST 1

SECTION 00 71 00 – Contract Document List

1. Project Manual a. Brownsburg Parks: Stephens park b. Dated 5/27/2020

2. Drawing Set a. Brownsburg Parks: Stephens Park b. Dated 5/27/2020


SAFETY FORMS 1

SECTION 00 73 19 –SAFETY FORMS PART 1 – GENERAL

1.1. Contract Exhibit B lists the minimum safety requirements for the Contractors on the Project. All requirements are in accordance with existing OSHA standards. A copy of this exhibit is included in this project manual.


SAFETY FORMS 2

CM Exhibit “B” for Prime Contracts

SECTION - SAFETY PART 1 – GENERAL 1.1 SUMMARY

The purpose of this project specific safety information is for each Contractor to identify and communicate to all its employees, as well as other Contractor site safety representatives, the procedures and methods, which will be implemented by the Contractor to promote a safe and healthy jobsite. Contractor employees shall attend an onsite project safety orientation before starting work. The following safe work rules do not diminish, replace, or change any of the Contractor’s obligations to adhere to all applicable federal, state, local, and industry safety requirements. The Contractor’s safety procedures at a minimum shall include, but are not limited to:

A. Contractors shall perform their work in compliance with the OSHA 29 CFR 1926 standards 1910 where applicable and abide by all OSHA/IOSHA local, state, and federal regulations, maintain a written accident prevention program (company safety program) and safety policies, including safety training as they may apply to their work/trade. Additional Owner requirements may apply.

B. Contractors shall have a Competent/Qualified person as defined by OSHA on site throughout the

course of their work activities who shall inspect for hazards and has the knowledge and authority to make corrective action.

C. As required by OSHA, Contractors shall maintain on the project site a copy of their GHS

Hazardous Communication program, including Safety Data Sheets (SDS) of products and chemicals they bring on site to perform work. Contractors shall maintain the appropriate product manufacturer’s labeling of containers used or stored on site. Contractor employees shall be trained in their company’s GHS Hazardous Communication program and safe use and handling of products as required by OSHA.

D. Each Contractor shall submit a copy of their complete company safety program with their signed

prime contracts. The company safety program shall include all policies specific to the trade and work activities performed by the Contractor, including first aid kit and first aid training, emergency procedures and fire prevention plan as well as providing appropriate fire extinguishers for product stored and used onsite during the work.

E. Contractors shall immediately correct any safety concerns, violations or hazards related to their

work following: Contractor’s own identification of concerns, violations or hazards; or receipt of

notice from the Owner, Construction Manager, or others who observe or otherwise discover any safety concerns, violations or hazards. The Owner or the Construction Manager will provide the Contractor notice should it actually observe or discover any safety concern, violations or hazards, but this shall not be deemed to reduce or otherwise diminish the Contractor’s duty and obligations as to the safety of its Work. The Contractor shall remain the controlling employer directly responsible for all applicable safety measures, requirements, safeguards and procedures. If a serious hazard is found the Contractor shall immediately stop Work in the affected area until the hazard is abated or controls are in place to address the hazard.


SAFETY FORMS 3

F. All Contractor sub-subcontractor employers and employees shall comply with all OSHA/IOSHA, state and

federal laws and regulations, Owner project specific requirements as well as Contractor contract requirements, including safety guidelines as outlined above. G. Contractor employees shall comply with life safety plans established for the project. H. Contractor shall submit a project specific safety plan due to high hazard work activities such as

fall exposures, confined space areas, lock-out/tag-out, hot work, asbestos, dust/fumes/vapors/mists, silica, demolition, occupied work areas, hazardous environment, Owner facility requirements, public, and worker safety.

I. Contractor employees shall wear all required personal protective equipment (PPE) as required by

their work activities. PPE includes ANSI rated equipment such as hard hats, hard soled hard-toe

work boots, gloves, safety glasses, high visibility reflective vests, respirator masks, and face

protection. Hard hats and safety glasses are required to be worn 100%. High visibility wear shall be

worn 100% for any work performed outside the building.

J. All workers shall be required to wear long pants and shirts with sleeves. No worker shall be permitted to allow their workers to wear shorts, tank tops, muscle shirts or tennis shoes on the jobsite.

K. Any Contractor performing excavation, digging, drilling, or demolition activities shall provide a

competent person to remain onsite during work activities who will inspect for hazards, provide any and all private and public locates before beginning work, verify any existing or active utilities to remain in use are protected at all times, including coordination of any utility shutdowns with the Construction Manager Superintendent and property Owner, verify structural members to remain and be in place to support the work, and maintenance of any protective systems for worker safety. Contractor shall complete atmospheric testing when required.

L. For compliance with OSHA Subpart R “Steel Erection” each Contractor performing such work shall

have a “site-specific” steel erection plan that details the sequence of the erection activity, crane/derrick selection and placement, steel erection procedures, fall protection procedures, falling objects, hazardous non-routine tasks, employee certifications, qualified or competent persons, rescue/emergency procedures, etc. Some plan portions may need to be developed in coordination with other Contractors and/or the Construction Manager. It remains Contractor’s obligation to adhere to all applicable federal, state, local, and industry safety requirements and best practices.

M. Due to the sensitive nature of occupied and/or tight working areas, chemical/product exposures,

gas powered equipment, and/or confined spaces, Contractor shall prepare and submit a documented plan for any chemical/product, substance or activity having the probability of creating a noxious fume, vapor, mist, dust, etc. The plan is required to include actions to control the possible hazards that could be caused by such product or activity. Contractor shall communicate its plan to all its employees on site and where necessary, to other trades, building occupants, Owner and Construction Manager that could be exposed to the hazard.

N. Contractor work activities involving work at 6’ feet above a walking/working surface shall adhere to

the requirements outlined in OSHA Subpart M “Fall Protection” including employee training certifications, competent persons, providing and inspecting fall protection equipment and systems to be used by Contractor employees. No Contractor employee shall be permitted to perform any elevated work 6’ feet above a walking/working surface without fall protection in place or have a


SAFETY FORMS 4

written project specific fall protection plan. O. Any Contractor performing hoisting/rigging activities using cranes to hoist materials and structural

components to erect the structure shall comply with OSHA Subpart CC “Cranes and Derricks in Construction”. Lift activities shall include verification of items as outlined in Subpart CC including lift plans, designated qualified rigger and signal person qualifications, site plan layout, crane operator certification and employer evaluation, crane inspections, dedicated spotter for lifts performed within 20’ feet of overhead power lines, verification of ground conditions by the Contractor, and work area/hoist area barriers established.

P. Masonry wall construction requires bracing of walls 8’ feet or taller (including initial and

intermediate periods), limited access zone area to be defined, including Responsible Person as designed by the Contractor. Work activity should include a daily bracing plan to be verified by the Contractor’s Responsible Person.

Q. Only Contractor employees who have been licensed, trained or certified shall operate powder

actuated tools, fork lift or rough terrain fork lifts, mechanized equipment, aerial or scissor lifts, earthmoving equipment, including motor vehicles.

R. Any Contractor employee who sustains a work-related injury/illness must report the accident to the

Construction Manager’s Superintendent. The Contractor employee may be required to comply with a Post-Accident Drug and Alcohol Test per Indiana Code. Any employee who has a “positive” test result per the Non-DOT 5-Panel guidelines shall not be allowed to return to the Project site until such time the employee has a “negative” test result. The Contractor employer must certify this information before allowing the employee to return to the Project site. All accidents will be investigated to determine the root cause and means to prevent another such accident.

T . All Contractors shall make their employees aware of the jobsite safety rules and OSHA regulations.

Contractors must also provide their employees with the proper safety training, t oo ls and equipment deemed necessary to per fo rm the i r jobsite duties and work activities. This training must include general safety and/or specialized safety training applicable to the Contractor’s Work.


SAFETY FORMS 5

COALITION FOR CONSTRUCTION SAFETY CONTRACTOR SAFETY INFORMATION

COMPANY NAME: *If your company is a certified “Diverse” firm please attach copy of certification letter from certifying agency.

NAME OF PERSON COMPLETING FORM (Print and Sign): PHONE NUMBER: EMAIL: COMPANY ADDRESS, CITY, STATE, ZIP CODE: DATE:

1. List your firm’s experience modification rate (EMR) for the three most recent years. Your insurance company/agent can provide this information to you. (Please note: Only self-employed “individuals”, companies in business less than 3-years, or companies with annual worker’s compensation premiums below $3,500.00 will not have an established EMR rating.)

20 20 20

2. Please use your OSHA 300A recording logs (for recording on the job worker

injuries/illnesses) to complete this section. (Companies with 10 or less employees are

exempt from this rule.)

Does your company employ 10 or fewer employees? No Yes (Answer a, b,

& c)

Number of injuries and illnesses: 20 20 20

a. Number of OSHA recordable CASES (all) (TOTAL OF COLUMNS H, I + J)

b. Number of lost/restricted workday CASES

(Not no. of days) (TOTAL OF COLUMNS H + I)

c. Number of fatalities (COLUMN G)

3. Total employee hours worked:

4. Do you have a written safety program, which includes GHS hazardous communication and training? YES NO


SAFETY FORMS 6

5. Do you have a mandatory substance abuse program? YES NO

6. Do you have a light duty/restricted work policy? YES NO

7. Do all new employees complete safety orientation prior to performing any work activities? YES NO

8. Do you conduct jobsite safety inspections? YES NO

9. Do you require OSHA 30 Hour training for all supervisors? YES NO

10. Do you conduct documented post-accident investigations? YES NO


SAFETY FORMS 7


ESCROW AGREEMENT 1

SECTION 00 73 50 – ESCROW AGREEMENT PART 1 – GENERAL

1.1. For contracts over $200,000 an escrow agreement will be entered into between the Owner and the Contractor.

PART 2 – PRODUCTS (Not Applicable) PART 3 – EXECUTION (Not Applicable) END SECTION


FIELD ENGINEERING 1

SECTION 00 81 21 – FIELD ENGINEERING

PART 1 - GENERAL

1.1. SUMMARY

A. This Section specifies administrative and procedural requirements for field engineering services, including, but not necessarily limited to the following: 1. Land survey work 2. Civil Engineering services 3. Structural Engineering services

B. Responsibility: In projects with multiple prime contracts, the following shall apply:

1. Prime Contractor shall employ a registered Civil Engineer or registered Land Surveyor to

establish survey points and elevations shown on the drawings, and set such benchmarks as may be required to perform their work. All benchmarks shall be carefully maintained during the construction operations. Each contractor shall be responsible for any error or variation from the drawings in the location or level of any part of the work. Construction Manager will review and approve control layout procedure and plan prior to proceeding with site layout and building layout.

2. From the control points verified, each contractor shall physically lay out and keep laid

out control lines (vertical and horizontal) on form work, concrete floor slabs, stud wall framing, etc.

3. All Prime Contractors shall use these verified control lines to work from the same point

of reference to properly locate their work.

4. Verify layout information shown on the Drawings, in relation to the property survey and existing benchmarks before proceeding to lay out the work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction.

5. Before any CAD files are used for layout, dimensions provided on the drawings shall be

verified. Any discrepancies must be reported to the Construction Manager prior to work going in place.

1.2. SUBMITTALS:

A. Certificates - Submit a certificate signed by the Land Surveyor or Professional Engineer

certifying that the location and elevation of improvements comply with the Contract Documents.


FIELD ENGINEERING 2

B. Project Record Documents - Submit a record of work performed and record survey data.

1.3. QUALITY ASSURANCE:

A. Surveyor - Engage a Registered Land Surveyor registered in the State where the project is

located, to perform land-surveying services required.

B. Engineer - Engage a Professional Engineer of the discipline required, registered in Indiana, to perform required engineering services.

PART 2 – PRODUCTS (Not Applicable) PART 3 - EXECUTION

3.1 EXAMINATION:

A. Prime Contractors shall provide existing control points and property line corner stakes, as defined on property survey as required for their scope of work.

B. Verify layout information shown on the Drawings, in relation to the property survey and

existing benchmarks before proceeding to lay out the work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction.

1. Do not change or relocate benchmarks or control points without prior written approval.

Promptly report lost or destroyed reference points, or requirements to relocate reference points because of necessary changes in grades or locations.

2. Promptly replace lost or destroyed project control points. Base replacements on the

original survey control points.

C. Establish and maintain a minimum of two permanent benchmarks on the site, references to data established by survey control points. Record benchmark locations, with horizontal and vertical data, on Project Record Documents.

D. Existing utilities and equipment - The existence and location of underground and other

utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify if possible the existence and location of underground utilities and other construction.

1. Prior to construction, verify the location and invert elevation at points of connection of

sanitary sewer, storm sewer and water service piping.

3.2 PERFORMANCE:


FIELD ENGINEERING 3

A. Working from lines and levels established by the property survey as indicated on

Construction Drawings, establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to properly locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions.

B. Advise entities engaged in construction activities, of marked lines and levels provided for

their use.

C. As construction proceeds, check every major element for line, level and plumb.

D. Surveyor's Log - Maintain a surveyor's log of control and other survey work. Make this log available for reference.

E. Record deviations from required lines and levels, and advise the Architect when deviations

that exceed indicated or recognized tolerances are detected. On Project Record Drawings, record deviations that are accepted and not corrected.

F. Site Improvements - Locate and layout site improvements, including pavements, stakes for

grading, fill and topsoil placement, utility slopes and invert elevations by instrumentation and similar appropriate means.

G. Building Lines and Levels - Locate and lay out batter boards for structures, building

foundations, column grids and locations, floor levels and control lines and levels required for mechanical and electrical work. With Bid Package 11, Contractor must provide verification on anchor bolt layout prior to the start of structural steel.

H. Existing Utilities - Furnish information necessary to adjust, move or relocate existing

structures, utility poles, lines, services or other appurtenances located in, or affected by construction. Coordinate with local authorities having jurisdiction.

I. Final Property Survey - Before Substantial Completion, prepare a final property survey

showing significant features (real property) for the Project. Include on the survey a certification, signed by the Surveyor, to the effect that principal metes, bounds, lines and levels of the project are accurately positioned as shown on the survey. Prepare and submit all as-builts as required by the Town of Brownsburg and contract documents.

END OF DOCUMENT


TESTING LAB SERVICES 1

SECTION 00 81 32 – TESTING LAB SERVICES PART 1 - GENERAL

1.1 DESCRIPTION

A. Work included:

1. Cooperate with the Owner's selected testing laboratory and all others responsible for testing and inspecting the work.

2. Provide other testing and inspecting as specified to be furnished by the Contractor in

this section and/or elsewhere in these Specifications.

B. Related work described elsewhere:

1. Requirements for testing may be described in various other sections of these Specifications.

2. Where no testing requirements are described, but the Owner decides that testing is

required, the Owner may direct that such testing be performed under current standards for testing. Payment for such testing will be described in this Section.

3. Items that may be tested on this project shall include but not necessarily limited to the

following: welded or bolted connections of structural steel, both new or existing, bearing capacity of soils and concrete.

C. Work not included:

1. Selection of testing laboratory: The Owner will select a pre-qualified independent

testing laboratory.

2. Payment for initial testing: The Owner will pay for initial services of the testing laboratory as further described in this Section.

1.2 QUALITY ASSURANCE

A. Qualifications of testing laboratory: The testing laboratory will be qualified to the Owner's

approval in accordance with ASTM E329.

B. Codes and standards: Testing, when required, will be in accordance with pertinent codes and regulations and with selected standards of the American Society for Testing and Materials.

1.3 PRODUCT HANDLING



A. Promptly process and distribute required copies of test reports and related instructions to ensure necessary retesting and replacement of materials with the least possible delay in progress of the Work.

1.4 PAYMENT FOR TESTING

A. Initial services: The Owner will pay for initial testing services requested by Owner.

B. When initial test indicates non-compliance with the Contract Documents, the costs of initial

test associated with the non-compliance will be deducted by the Owner from the responsible Prime Contractor’s Contract Sum.

C. Retesting: When initial test indicates non-compliance with the Contract Documents, all

subsequent retesting occasioned by the non-compliance shall be performed by the same testing agency and the costs thereof will be deducted by the Owner from the Contract Sum.

1.5 CODE COMPLIANCE TESTING

A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and

which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents.

1.6 CONTRACTOR'S CONVENIENCE TESTING

A. Inspecting and testing performed exclusively for the Contractor's convenience shall be the

sole responsibility of the Prime Contractor.

1.7 INSPECTION BY OWNER'S PERSONNEL

A. From time to time, personnel in the employ of the Owner may inspect the Work where the Work is in progress, but shall have no authority to direct the Contractor or request changes in the Work except through the Architect.

PART 2 – PRODUCTS (Not Applicable) PART 3: EXECUTION

3.1 COOPERATION WITH TESTING LABORATORY

A. Representatives of the testing laboratory shall have access to the Work at all times. Provide

facilities for such access in order that the laboratory may properly perform its function.



3.2 TAKING SPECIMENS

A. Specimens and samples for testing, unless otherwise provided in the Contract Documents, will be taken by the testing personnel. Sampling equipment and personnel will be provided by the testing laboratory. Deliveries of specimens and samples to the testing laboratory will be performed by the testing laboratory.

3.3 SCHEDULES FOR TESTING

A. Establishing the schedule:

1. By advance discussion with the testing laboratory selected by the Owner, determine the time required for the laboratory to perform its tests and to issue each of its findings. Provide required time within the construction schedule.

B. Revising the schedule:

1. When changes of construction schedule are necessary during construction, coordinate

such changes of schedule with the testing laboratory as required.

C. Adherence to schedule:

1. When the testing laboratory is ready to test according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra charges for testing attributable to the delay may be back-charged to the Prime Contractor which caused the disturbance/delay and shall not be borne by the Owner.

3.4 ALTERNATIVE INSPECTION PROCEDURE

A. The Architect shall have the right to require alternative inspection procedure other than as

specified when, in the Architect's judgment, other inspections are required to demonstrate compliance with the Contract requirements. Costs of such alternative inspections will be borne by the Owner if products are found to comply; otherwise, costs shall be borne by the Prime Contractor whose materials are tested.

END OF SECTION


SUMMARY 1

SECTION 01 10 00 – SUMMARY

PART 1 - GENERAL

1.1. SUMMARY A. The location for the Project site is 605 S. Stephens Drive Brownsburg, Indiana 46112, and is

further identified on the site layout included in the Bidding Documents, pursuant to the applicable provisions of Indiana Code, including, but not limited to, Indiana Code §36-1-12 et seq. and Indiana Code § 5-16-13 et seq. The Project consists of, but is not necessarily limited to, the development of a playground structures, athletic courts, fencing, exercise equipment, pedestrian pavements, select site utilities, and the installation of a pre-fabricated restroom building at 605 S. Stephens Drive.

B. The Project shall be constructed under one Prime Contract. Select furnishings for the Project shall be provided by the owner and installed by the Prime Contractor.

C. Contractor’s use of site shall be confined to the areas shown unless otherwise approved by Owner. At Owner’s discretion, stored materials and equipment that interfere with operations of Owner may be required to be relocated on an as-needed basis upon written notice from the Owner.

D. Existing materials and equipment removed and not shown or specified to be reused in the Work will become Contractor’s property. Protect all existing improvements to remain.

E. Bid Category #1 shall provide proper barricades and rails as required, not only for the protection of the general public, but to prevent intrusion by and possible accident to, children and other persons. Danger Signs, Keep Out signs, No Trespassing signs, red flags, yellow safety tape, and flashing beacons/lanterns shall be provided and maintained around the clock.

END OF SECTION


UTILITY PROTECTION 1

SECTION 01 18 00 – UTILITY PROTECTION PART 1 - GENERAL

1.1. PROTECTION

A. Existing public and private utility lines and structures indicated or known for this Project shall be protected from damage during construction

B. Each Bidder is responsible for final utility verification prior to excavation or demolition. This

includes public and private markings.

1.2. REMOVAL AND RELOCATION

A. When utility lines and structures are encountered within the area of operations, notify the Construction Manager and affected utility in ample time for the necessary measures to be taken to prevent interruption of the services.

1.3. UNKNOWN LOCATIONS

A. Damage to existing utility lines or structures not indicated or known shall be reported

immediately to the Construction Manager and the affected utility. If it is determined by the architect that the utility line could have been discovered prior to damage by careful marking and requesting utility company markings, the Prime Contractor who caused the damage shall pay the cost of utility line repair. If the utility could not have been known ahead of time, the repairs will be made at the owner's expense.

PART 2 – PRODUCTS (Not Applicable) PART 3 – EXECUTION (Not Applicable) END OF SECTION


PAYMENT PROCEDURES 1

SECTION 01 29 00 – PAYMENT PROCEDURES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and

Supplementary Conditions and front-end Specifications, apply to this Section

1.2 SUMMARY

A. This Section specifies administrative and procedural requirements necessary to prepare and process applications for payment.

1.3 DEFINITIONS

A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

1.4 SCHEDULE OF VALUES

A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor’s Construction Schedule.

1. Correlate line items in Schedule of Values with other required administrative

forms and schedules, including the following a. Application for Payment forms with Continuation Sheets. b. Submittals Schedule.

2. Submit the Schedule of Values to Architect at earliest possible date but no later than seven days after the “Notice to Proceed.”

B. Format and Content: Use the Project Manual table of contents as a guide to establish

line items for the Schedule of Values. Provide at least one line item for each Specification Section.

1. Identification: Include the following Project identification on the Schedule of

Values:

a. Project name and location b. Name of Architect c. Architect’s project number d. Contractor’s name and address e. Date of submittal



2. Arrange the Schedule of Values in tabular form with separate columns to indicated the following for each item listed: a. Related Specification Section or Division b. Description of the Work c. Name of subcontractor d. Name of manufacturer or fabricator e. Name of supplier f. Chang Orders (numbers) that affect value g. Dollar value

i. Percentage of Contract Sum to nearest one-hundredth percent, adjusted to total 100 percent.

3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued

evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide several line items for principal subcontract amounts, where appropriate.

a. Each item shall indicate labor and material costs associated with that item b. General Conditions shall reflect all costs relating to the Prime Contractor’s

coordination of the Project, including permits, fees supervision, overhead and profit.

c. Project Close Out shall reflect all costs to administer and conduct the completion of the Project including Punch Lists, Operation and Maintenance Manuals, Record Drawings, demobilization, termination and removal of temporary facilities and Final Cleaning.

4. Round amounts to nearest whole dollar; total shall equal the Contract Sum.

5. Provide a separate line item in the Schedule of Values for each part of the Work

where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed.

a. Differentiate between items stored on-site but not installed. Owner will not

accept application for payment for materials stored off site.

6. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of treat part of the work

7. Allowance: provide a separate line item in the Schedule of Values for each allowance.

8. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item.

a. Temporary facilities and other major cost items that are not direct cost of



actual work-in-place may be shown either as separate line items in the Scheduled of Values or distributed as general overhead expense, at Contractor’s opinion.

9. Schedule Updating: Update and resubmit the Schedule of Values before the

next Applications for Payment when Change Orders or Construction Change Directives result in change in the Contract Sum.

1.5 APPLICATIONS FOR PAYMENT

A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner.

1. Initial application for Payment, Application for Payment at time of Substantial

Completion, and final Application for Payment involve additional requirements.

B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction Work covered by each Application for Payment is the period indicated in the Agreement.

C. Payment Application Forms: Use AIA Document G702Cma and AIA Document G703

Continuation Sheets as form for Applications for Payment

D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action.

1. Entries shall match date on Schedule of Values and Contractor’s Construction

Schedule. Use updated schedules if revisions were made. 2. Include amount of change Orders and Construction Change Directives issued

before last day of construction period covered by applications.

E. Transmittal: submit 3 signed and notarized originals and three copies of each Application for Payment to Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required.

1. Transmit each copy with a transmittal form listing attachments and recording

appropriate information about application.

F. Waivers of Mechanic’s Lien: with each application for payment, submit waivers of mechanic’s liens from subcontractor, sub-subcontractors, and suppliers for construction period covered by the previous application. 1. Submit partial waivers on each item for amount requested in previous

application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must

submit waivers. 4. Submit final Application for Payment with or preceded by final waiver from every



entity involved with performance of the work covered by the application who is lawfully entitled to a lien.

5. Waiver Forms: submit waivers of lien on forms, executed in a manner acceptable to Owner.

G. Initial Application for Payment: Administrative actions and submittals that must

precede or coincide with submittal of first Application for Payment include the following.

1. List of subcontractors (final and typed). 2. Schedule of Values. 3. Contractor’s Construction Schedule. 4. Products list. 5. Schedule of unit prices. 6. Submittals Schedule 7. List of Contractor’s staff assignments. 8. List of Contractor’s principal consultants. 9. Copies of authorizations and licenses from authorities having jurisdiction for

performance of the Work. 10. Initial progress report. 11. Attendance at preconstruction conference. 12. Certificates of insurance and insurance policies. 13. Performance and payment bonds. 14. Data needed to acquire Owner’s insurance. 15. Fully executed Owner/Contractor Agreement. 16. Cash-Flow Schedule 17. Escrow Agreement. 18. W-9 tax I.D.

H. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete.

1. Include documentation supporting claim that the Work is substantially complete

and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued

previously for Owner occupancy of designated portions of the Work.

I. Final Payment Applications: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following.

1. Evidence of Completion of the Project closeout requirements; including:

a. Transmittal of required construction records to the Architect. b. Evidence of items specified for completion after Substantial Completion.

2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid.



3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G706, Contractor’s Affidavit of Payment of Debts and Claims. 5. AIA Document G706A, Contactor’s Affidavit of Release of Liens. 6. AIA Document G707, Consent of Surety to Final Payment. 7. Evidence that claims have been settled. 8. Final meter readings for utilities, a measured record of stored fuel, and similar

data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work.

9. Final, liquidated damages settlement statement.

J. Approval of Application for Payments: The Owner will make monthly progress payments directly to the Prime Contractor under the terms set for in the General Conditions and Supplementary General Conditions and Addenda thereto, and upon the written approval of the Architect of each monthly payment request submitted.

PART 2 – PRODUCTS (Not Applicable)

PART 3 - EXECUTION

3.1 SCHEDULE OF VALUES: A. Unless otherwise indicated, Schedule of Values shall include the following items:

1. Description of work a. General Conditions (permits, fees, supervision, overhead and profit). b. Bond. c. Insurance. d. Weekly Routine Cleaning as Specified in Section 01 50 00. e. Project Closeout (2% of the Contact Amount) f. Temporary Facilities and Enclosures

END SECTION


PROJECT MEETINGS 1

SECTION 01 31 19 – PROJECT MEETINGS PART 1 - GENERAL

1.1. SUMMARY

A. This Section specifies administrative and procedural requirements for project meetings including but not limited to:

1. Pre-Construction Conferences. 2. Pre-Installation Conferences. 3. Coordination Meetings and/or Pull Plan Meetings. 4. Progress Meetings and/or Weekly Work Plan Meetings.

B. Reference specification section 01 32 00 – Lean Construction Requirements for lean

construction principals and methods to be utilized throughout the project.

1.2. PRE-CONSTRUCTION CONFERENCE

A. The Architect and Construction Manager will schedule a pre-construction conference and organizational meeting at the Project site or other convenient location no later than 15 days after execution of the Agreement. The meeting will be conducted to review responsibilities and personnel assignments.

B. Attendees: The Owner, Architect, Construction Manager and their consultants, each

Prime Contractor and their superintendent, major subcontractors, manufacturers, suppliers and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the Work.

C. Agenda: Discuss items of significance that could affect progress including such

topics as:

1. Construction schedule. 2. Critical Work sequencing. 3. Designation of responsible personnel. 4. Procedures for processing field decisions and Change Orders. 5. Procedures for processing Applications for Payment. 6. Distribution of Contract Documents. 7. Submittal of Shop Drawings, Product Data and Samples. 8. Preparation of record documents. 9. Use of the premises 10. Office, Work and Storage areas. 11. Equipment deliveries and priorities. 12. Safety procedures. 13. First aid. 14. Security. 15. Housekeeping.


PROJECT MEETINGS 2

16. Working hours. 17. Owner requirements. 18. Temporary Facilities and Controls.

1.3. PRE-INSTALLATION CONFERENCES

A. Conduct a pre-installation conference at the site before each construction activity that

requires coordination with other construction. The installer and representatives of manufacturers and fabricators involved in or affected by the installation, and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise the Architect and Construction Manager of scheduled meeting dates.

B. Review the progress of other construction activities and preparations for the particular

activity under consideration at each pre-installation conference, including requirements for: 1. Contract Documents. 2. Options. 3. Related Change Orders. 4. Purchases. 5. Deliveries. 6. Shop Drawings, Product Data and quality control Samples. 7. Possible conflicts. 8. Compatibility problems. 9. Time schedules. 10. Weather limitations. 11. Manufacturer's recommendations. 12. Compatibility of materials. 13. Acceptability of substrates. 14. Temporary facilities. 15. Space and access limitations. 16. Governing regulations. 17. Safety. 18. Inspection and testing requirements. 19. Required performance results 20. Recording requirements. 21. Protection.

C. Construction Manager will record significant discussions and agreements and

disagreements of each conference, along with the approved schedule. Construction Manager will distribute the record of the meeting to everyone concerned, promptly, including the Owner and Architect.

D. Do not proceed if the conference cannot be successfully concluded. Initiate whatever

actions are necessary to resolve impediments to performance of Work and reconvene the conference at the earliest feasible date.

1.4. COORDINATION MEETINGS


PROJECT MEETINGS 3

A. Conduct Project coordination meetings at regularly scheduled times as scheduled by

Construction Manager. Project coordination meetings are in addition to specific meetings held for other purposes, such as regular progress meetings, special pre-installation meetings or a pull plan session.

B. Request representation at each meeting by every party currently involved in

coordination or planning for the construction activities involve. Pull planning session require the foreman of the subcontractor and their second-tier subcontractor if applicable to attend. If the foreman cannot make scheduling, manpower, or operation decisions then that person should be present in addition to the daily onsite supervisor. Pull planning session are to be scheduled a minimum of 28 days prior to the work starting.

1.5. PROGRESS MEETINGS

A. The Construction Manager will conduct progress meetings and/or weekly work plan

meetings at the Project site at regularly scheduled intervals.

B. Attendees: In addition to representatives of the Owner and Architect, Construction Manager, each Contractor, subcontractor, supplier or other entity concerned with current progress or involved in planning, coordination or performance of future activities shall be represented at these meetings by the Project Manager or other competent person familiar with the Project and authorized to conclude matters relating to progress.

C. Agenda: Review and correct or approve minutes of the previous progress meeting.

Review other items of significance that could affect progress. Include topics for discussion as appropriate to the current status of the Project.

1. Contractor's Construction Schedule: Contractors shall review progress since the

last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. Each contractor shall submit two days before each progress meeting, work description with dates that have been completed the past two weeks and anticipated work for the next two weeks. Also, include actual start, actual finish, and percent complete for each activity listed on the ‘Preliminary Outline Schedule’ that is applicable to their bid package.

2. Each contractor is required to update the Last Planner boards on a weekly basis for coordination purposes. The prime contractor will be documenting the Last Planner boards at each progress meeting and will distribute to all subcontractors accordingly.


PROJECT MEETINGS 4

3. Review the present and future needs of each entity present, including such items as: a. Interface requirements. b. Time. c. Sequences. d. Deliveries. e. Off-site fabrication problems. f. Access. g. Site utilization. h. Temporary facilities and services. i. Hours of Work. j. Hazards and risks. k. Housekeeping. l. Quality and Work standards. m. Change Orders. n. Documentation of information for payment requests.

D. Daily Huddles: The prime contractor’s superintendent and the subcontractor’s

foreman are required to meeting daily for a short meeting to review status, needs, and coordination items. This meeting should not last longer than 20 minutes and will be conducted in the most convenient and safe location for all involved.

E. Reporting: Copies of meeting minutes will be distributed to each party present and to other parties who should have been present.

F. Master Schedule Updating: Construction Manager shall revise the construction

schedule after each progress meeting where revisions to the schedule have been made or recognized. He shall issue the revised schedule to all concerned including Owner, Construction Manager, Architect and Architect's consultants.

PART 2 – PRODUCTS (Not Applicable PART 3 – EXECUTION (Not Applicable) END OF SECTION


LEAN CONSTRUCTION 1

SECTION 01 32 00 – LEAN CONSTRUCTION

This project will utilize Lean Construction principles and techniques. Meyer Najem will facilitate Lean principles and techniques that include but not limited to pull planning sessions, weekly work plans, and weekly schedule coordination progress meetings. All Trade Contractors/Bidders shall perform these activities leading up to and during their scope of work on this project. 1.1 Lean Construction Philosophy

A Overview: Lean Construction is a management philosophy that harnesses the collective experiences and expertise of the entire project team to plan activities, identify and solve project challenges at the earliest possible point in the project and strive to achieve continuous improvement. Last Planner® tools are an integral part of the Lean Construction philosophy and provide the framework to increase overall reliability and flexibility of the project workflow to provide a quality project on time.

B Intent: The goal shall be achieved through adherence to Lean Construction philosophies and

employment of the Last Planner System. The Constriction Manager (Meyer Najem) and each Trade Contractor/Bidder will be expected to participate in the Last Planner process for activity planning, tracking, and management. Meyer Najem will provide training and facilitation.

1.2 Last Planner® System A Application: The Last Planner® System is aimed at achieving a more efficient overall workflow. In

utilizing the system, project teams strive to understand how value is delivered, making workflow as consistent and reliable as possible, through a deliberate cycle of planning, execution, measurement, and improvement. The Last Planner® System differs from traditional construction methods because it expands project team involvement and streamlines project decision-making. With the Last Planner® System, those closest to the work (the “Last Planners”) can influence the schedule and make decisions in planning for the work. Trade Contractors/Bidders agree, as a group, to meet their deadlines, and is accountable, not only to the Construction Manager, but also to fellow Trade Contractors/Bidders.

B Last Planner® Tools

1. Pull Planning Sessions

The Construction Manager will hold and facilitate “Pull Planning” sessions with all of the Trade Contractor/Bidder’s foremen and project manager for each phase (approximately 8-14 week durations) of work. In these sessions, the foremen and project managers identify their activities, break them down and outline additional information such as durations, locations, crew sizes and triggers. Then working backwards, the entire group will collaborate to determine the most effective sequence of operations to complete the phase of work. The result of this session is a working plan for phase completion, from which the Trade Contractors/Bidders will use as a baseline to plan for upcoming work, identify potential constraints for resolution, and assign immediate work. Meyer Najem will conduct Pull Plan sessions to coordinate the entire project. Each Trade Contractor’s/Bidder’s project foreman and scheduling decision maker will be required to attend all sessions for phases in which they will have activities. Trade Contractor’s/Bidder’s project managers are welcome, but are only required if the foreman does not have the authority to make commitments on their company’s behalf. The Construction Manager will then take this information and input into scheduling software for review. Once the schedule is reviewed and agreed upon, it will then be integrated into the contracted master schedule. Pull Planning sessions must be conducted four weeks prior to commencement of the phase being planned.


LEAN CONSTRUCTION 2

1. Look-Ahead Planning (LAP) The 6 Week Look-Ahead Plan is derived from the Pull Plan Schedule created at the beginning of each phase. The 6 Week Look-Ahead is reviewed in the Weekly Work Planning Meetings. In these meetings, it will be key to identify necessary coordination and preparation, including constraint identification and elimination. The Look-Ahead Planning analysis will serve as a key source of entries to the Constraints Log, which, in turn, will provide a guide for the project team, led by the Construction Manager, to eliminate obstacles to successful execution of the plan. We will establish key dates in the coming months for each Trade Contractor/Bidder to hit to maintain the overall project schedule. These key dates are pulled from the contracted master schedule.

2. Weekly Work Plans (WWP) The Weekly Work Plan is a tool for each Last Planner to, using the Pull Plan Schedule as a guide, identify specific activities to be completed for this week and the upcoming week. While there may have been a 3-week activity called “underground plumbing” on the Pull Plan, there could be a 4-day activity within the 3-week activity broken out to more detail called “Underground Sanitary between col.3 and col.10” on the Plumber’s WWP. The WWP represents each Last Planner’s commitment to the other trades on the project that this is the work they will be completing in the next week. Therefore, the other trades can plan to perform any successor activities to the committed work. Each Trade Contractor’s/Bidder’s foreman and/or project manager will be required to maintain/submit their activities on a weekly basis. The Construction Manager will manage the trades individual activities, and their submissions, to make sure they meet the overall project milestones within the contracted schedule. It is at the discretion of the construction manager (Meyer Najem) on how these WWP will be submitted. Submission could include but not limited to hard copy, electronic (EXCEL), or “look ahead boards”.

3. Percent Plan complete (PPC) The PPC is a calculation of work completed compared to work planned, according to the WWPs. The purpose of the PPC, in conjunction with tracking variances, is to identify trends affecting the project team’s ability to execute the plan, so the team can work together to improve the process.

C Summary: Ultimately, Last Planner® / Lean Construction tools aim to optimize performance through improved processes and systems, buy creating reliability, decentralizing decision-making, and managing flow and consistency of work, rather than the speed of any single aspect of the job.

1.3 Implementation: This section specifies the minimum participation required by the contract. The

Construction Manager will work with the project team, throughout the project, to provide training and support, and to help ensure a successful implementation.

1. Lean Training All members of the project team, including the Construction Manager’s project team and all Trade Contractor’s/Bidder’s foremen are required to attend. Construction Manager will secure the location for the training, provide all required materials and ensure that all required attendees will be present.

2. Pull Planning Construction Manager is responsible for selecting dates for the session. Construction manager will secure the location for the sessions, provide all required materials and require that all Trade


LEAN CONSTRUCTION 3

Contractor’s/Bidder’s foremen involved into the phase of work are to attend and participate in the session.

3. Weekly Work Plan

Construction Manager will make changes, based on discussion in the Weekly Work Planning meeting, post the final WWP’s in the job trailer. Trade Contractor’s/Bidder’s foreman and/or project managers are required to maintain and communicate their trade’s activities as defined in the sections above.

4. Daily Huddles Construction Manager shall facilitate a 15-minute meeting, each day, excluding meeting days, at the place of work. All Trade Contractor’s/Bidder’s foremen with work taking place on site are required to attend. Discussion shall focus on the work to be completed the day of and the next day by that trade.

5. Constraints Trade Contractors/Bidders are required to provide any obstacles that may hold up the start or completion of their activity with enough notification for the Construction Manager to study and correct the issue. These constraints can be submitted in the form or an RFI (Request for Information) or simply posting it to the project boards in a meeting.

6. Percent Plan Complete Construction Manager shall collect and calculate required information and post the Percent Plan complete graphs in the job trailer.

A Other Contractors Working on Site: All Contractors working on site, even those not contracted by the Owner shall be made a part of the Last Planner® Process, and are to be included in any activity, described in this section, that required Prime Contractor’s/Bidder’s participation.

END OF SECTION


SUBMITTAL PROCEDURES 1

SECTION 01 33 00 – SUBMITTAL PROCEDURES

PART 1 - GENERAL

1.1. RELATED DOCUMENTS:

A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification sections, apply to work of this section.

1.2. DESCRIPTION OF REQUIREMENTS:

A. The types of submittal requirements specified in this section include shop drawings, product

data, samples and miscellaneous work-related submittals. Individual submittal requirements are specified in applicable sections for each unit of work. Refer to other Division-1 sections and other contract documents for requirements of administrative submittals.

B. Definitions: Work-related submittals of this section are categorized for convenience as follows:

C. Shop drawings include specially-prepared technical data for this project, including drawings,

diagrams, performance curves, data sheets, schedules, templates, patterns, reports, calculations, instructions, measurements and similar information not in standard printed form for general application to a range of similar projects. (Submit 7 sets total, 3 will be returned.)

D. Product data include standard printed information on materials, products and systems; not

specially-prepared for this project, other than the designation of selections from among available choices printed therein. (Submit 7 sets total, 3 will be returned.)

E. Samples include both fabricated and unfabricated physical examples of materials, products

and units of work; both as complete units and as smaller portions of units of work; either for limited visual inspection or (where indicated) for more detailed testing and analysis. (Submit 4 samples total, 1 will be returned.)

F. Mock-ups are a special form of samples, which are too large or otherwise inconvenient for

handling in specified manner for transmittal of sample submittals.

G. Miscellaneous submittals related directly to the work (non-administrative) include warranties, maintenance agreements, workmanship bonds, project photographs, survey data and reports, physical work records, quality testing and certifying reports, copies of industry standards, record drawings, field measurement data, operating and maintenance materials, overrun stock, and similar information, devices and materials applicable to the work and not processed as shop drawings, product data or samples. (Submit 1 set, none returned, except where referenced elsewhere in this specification)

1.3. GENERAL SUBMITTAL REQUIREMENTS:

A. Scheduling: Where appropriate in administrative submittals (listing of products, manufacturers,

suppliers and subcontractors, and in job progress schedule), the Contractor shall show principal work-related submittals and time schedules for coordination of submittal activity with related work in each instance.



B. Listing: The Contractor is to prepare a separate listing, organized by related specification section number sequence, showing principal work-related submittals and their initial submittal dates as required for coordination of the work. Submit listing within 45 days of date of commencement of the work.

C. Coordination and Sequencing: The Contractor shall coordinate preparation and processing of

submittals with performance of the work so that work will not be delayed by submittals. Coordinate and sequence different categories of submittals for same work, and for interfacing units of work, so that one will not be delayed for coordination of A/E's review with another.

D. Preparation of Submittals: The Contractor shall provide permanent marking on each submittal

to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other submittals. Show Contractor's executed review and approval marking and provide space for Architect's "Action" marking. Package each submittal appropriately for transmittal and handling. Submittals which are received from sources other than through Contractor's office will be returned by Architect "without action".

E. Transmittal Form: Prepare a draft of special transmittal form for project and submit to the

Construction Manager for acceptance. Provide places to indicate project, date, "To:"; "From:"; names of subcontractors, suppliers, manufacturers, required references, category and type of submittal, specification section number, purpose, description, distribution record (for both transmittal and submittals), and signature of transmitter.

1.4. SPECIFIC-CATEGORY SUBMITTAL REQUIREMENTS:

A. General: Except as otherwise indicated in individual work sections, comply with requirements

specified herein for each indicated category of submittal. Provide and process intermediate submittals, where required between initial and final, similar to initial submittals.

B. Shop Drawings: Provide newly-prepared information, on reproducible sheets, with graphic

information at accurate scale (except as otherwise indicated), with name of preparer indicated (firm name). Show dimensions and not which are based on field measurement. Identify materials and products in the work shown. Indicate compliance with standards, and special coordination requirements. Do not allow shop drawing copies without appropriate final

C. "Action" markings by Architect to be used in connection with the work.

D. Product Data: Collect required data into one submittal for each unit of work or system; and

mark each copy to show which choices and options are applicable to project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked, and special coordination requirements. Maintain one set of product data (for each submittal) at project site, available for reference by Architect and others.

E. Submittals: Do not submit product data, or allow its use on the project, until compliance with

requirements of contract documents has been confirmed by Contractor. Submittal is for information and record, unless otherwise indicated. Initial submittal is final submittal unless returned promptly by Architect, marked with an "Action" which indicates an observed non- compliance.

F. Installer's Copy: Do not proceed with installation of materials, products or systems until final

copy of applicable product data is in possession of Installer.



G. Samples: Provide units identical with final condition of proposed materials or products for the

work. Include "range" samples (not less than 3 units) where unavoidable variations must be expected and describe or identify variations between units of each set. Provide full set of optional samples where Architect's/Engineer's selection is required. Prepare samples to match Architect's/Engineer's sample where so indicated. Include information with each sample to show generic description, source or product name and manufacturer, limitations, and compliance with standards. Samples are submitted for review and confirmation of color, pattern, texture and "kind" by Architect. Architect will not "test" samples (except as otherwise indicated) for compliance with other requirements, which are therefore the exclusive responsibility of Contractor.

H. Submittal: At Contractor's option, provide preliminary submittal of a single set of samples for

Architect's/Engineer's review and "Action". Otherwise, initial submittal is final submittal unless returned with "Action" which requires resubmittal. Submit 3 sets of samples in final submittal; one set will be returned.

I. Quality Control Set: Maintain returned final set of samples at project site, in suitable condition

and available for quality control comparisons by Architect, and by others.

J. Reusable Samples: Returned samples which are intended or permitted to be incorporated in the work are so indicated in the individual work sections and must be in undamaged condition at time of use.

K. Mock-Ups: Mock-ups and similar samples specified in individual work sections recognized

as a special type of sample. Comply with requirements for "samples" to greatest extent possible, and process transmittal forms to provide a record of activity.

L. Inspection and Test Reports: Classify each as either "shop drawing" or "product data",

depending upon whether report is uniquely prepared for project or a standard publication of workmanship control testing at point of production, and process accordingly.

M. Warranties: Refer to "Products" section for specific general requirements on warranties,

product/workmanship bonds, and maintenance agreements. In addition to copies desired for Contractor's use, furnish 2 executed copies, except furnish 2 additional (conformed) copies where required for maintenance manuals.

N. Records of Actual Work: Furnish 4 copies, one of which will be returned for inclusion in

"Record Documents" as specified in "Closeout" section.

O. Standards: Where copy submittal is indicated, and except where specified integrally with "Product Data" submittal, submit a single copy for Architect's/Engineer's use. Where workmanship at project site and elsewhere is governed by standard, furnish additional copies to fabricators, installers and others involved in performance of the work.

P. Closeout Submittals: Refer to individual work sections and to "closeout" sections for specific

requirements on submittal of closeout information, materials, tools, and similar items.

Q. Record Document Copies: Furnish one set.

R. Maintenance/Operating Manuals: See specification section related to this specific requirement.



S. Materials and Tools: Refer to individual work sections for required quantities of spare parts, extra and overrun stock, maintenance tools and devices, keys, and similar physical units to be submitted.

T. General Distribution: Provide additional distribution of submittals (not included in foregoing

copy submittal requirements) to subcontractors, suppliers, fabricators, installers, governing authorities and others as necessary for proper performance of the work. Include such additional copies in transmittal to Architect where required to receive "Action" marking before final distribution. Record distributions on transmittal forms.

1.5. ACTION ON SUBMITTALS:

A. Architect's/Engineer's Action: Where action and return is required or requested, Architect will

review each submittal, mark with "Action", and where possible return within 2 weeks of receipt. Where submittal must be held for coordination, Contractor will be so advised by Architect/Engineer without delay.

B. Action Stamp: Architect's/Engineer's action stamp, for use on submittals to be returned to

Contractor, is self-explanatory as marked. PART 2 - PRODUCTS (not applicable). PART 3 - EXECUTION (not applicable). END OF SECTION


TEMPORARY FACILITIES 1

SECTION 01 50 00 - TEMPORARY FACILITIES PART 1 - GENERAL

1.1. SUMMARY

A. This Section specifies requirements for temporary services and facilities, including utilities, construction and support facilities, and security and protection. Reference Section 00 24 00 – Bid Category Scope of Work Summary

B. Temporary utilities required and the responsible Contractor :

1. REFER TO RESPONSIBILITY MATRIX

C. Temporary construction and support facilities required and the responsible Prime Contractor(s) include but are not limited to: 1. REFER TO RESPONSIBILITY MATRIX

1.2. QUALITY ASSURANCE

A. Regulations: Comply with industry standards and applicable laws and regulations of

authorities having jurisdiction, including but not limited to:

1. Building Code requirements 2. Health and safety regulations 3. Utility company regulations 4. Police, Fire Department and Rescue Squad rules 5. Environmental protection regulations

B. Standards: Comply with NFPA Code 241, "Building Construction and Demolition Operations",

ANSI-A10 Series standards for "Safety Requirements for Construction and Demolition", and NECA Electrical Design Library "Temporary Electrical Facilities".

1. Refer to "Guidelines for Bid Conditions for Temporary Job Utilities and Services",

prepared jointly by AGC and ASC, for industry recommendations.

2. Electrical Service - Comply with NFPA, OSHA and UL standards and regulations and all applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the performance of the Work. Provide service in compliance with National Electric Code (NFPA

C. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary

utility before use. Obtain required certifications and permits.



1.3. PROJECT CONDITIONS

A. Conditions of Use: Keep temporary services and facilities clean and neat in appearance.

Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload facilities, or permit them to interfere with progress. Do not allow hazardous, dangerous or unsanitary conditions, or public nuisances to develop or persist on the site.

1.4. OPERATION, TERMINATION AND REMOVAL

A. Supervision: Enforce strict discipline in use of temporary facilities. Limit availability of

temporary facilities to essential and intended uses to minimize waste and abuse.

B. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage by freezing temperatures and similar elements. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control,

ventilation and similar facilities on a 24-hour day basis where required to achieve indicated results and to avoid possibility of damage.

2. Prevent water filled piping from freezing. Maintain markers for underground lines. Protect from damage during excavation operations.

C. Termination and Removal: Unless the Construction Manager requests that it be maintained

longer, remove each temporary facility when the need has ended, or when replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with the temporary facility.

1. Repair damaged Work, clean exposed surfaces and replace construction that cannot be

satisfactorily repaired.

2. Materials and facilities that constitute temporary facilities are property of the Contractor.

3. Remove temporary paving that is not intended for or acceptable for integration into permanent paving. Where the area is intended for landscape development, remove soil and aggregate fill that does not comply with requirements for fill or subsoil in the area. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances which might impair growth of plant materials or lawns. Repair or replace street paving, curbs and sidewalks at the temporary entrances, as required by the governing authority.

4. At Substantial Completion, clean and renovate permanent facilities that have been used during the construction period.



PART 2 - PRODUCTS (NOT USED) PART 3 – EXECUTION

A. REFER TO RESPONSIBILITY MATRIX END OF SECTION

Town of Brownsburg - Stephens Park Renovation015000a - Temporary Facilities Responsibility Matrix

1 Temporary Utility Installation2

3

Engage the appropriate local utility to install temporary service or connection to existing service. Where the utility provides only

part of the service, provide the remainder with matching, compatible materials, and equipment; comply with the utility’s

recommendations.

X

4a. Provide adequate capacity at each stage of construction. Prior to temporary utility availability, provide trucked in services.

X

5b. Obtain easements to bring temporary utilities to the site, where Owner's easements cannot be used for that purpose.

X

6

c. Cost for use charges for temporary facilities shall be responsibility of the Prime Contractor(s) unless otherwise indicated.

Use charges for water and electricity consumption will be paid by Owner if connected to Owner's existing service. X

7

8Provide water service and distribution piping of sizes and pressures adequate for construction until permanent water service is in

use, including deposits and water usage/consumptionX

9 a. Installation & Operation of Temporary Water Service X10 b. Cost of water usage from utility only X

11

12 Temporary electrical service, power distribution and lighting. X

13 a. Installation and Operation X14 b. Cost of energy used X

15

Provide weatherproof, electric service to all areas of construction and temporary lighting and power for use by all contractors

during the construction period. Include meter, transformers, overcurrent protected disconnect switches, ground fault circuit

interrupter devices and main distribution equipment, including deposits, and any other requirement.X

16 a. Arrange with utility company from Owner's Existing Service X

17Provide Two (2) 200 amp, 120/208 volt, single phase, 3 wire, grounded system for power distribution and lighting. Service

amperage shall be adequate for the construction of the Project. Coordinate with Construction Manager.X

18 Coordinate with Construction Manager to have service placed in Owner's Name. X

19

"X" IN BID CATEGORY COLUMN DETERMINES WHICH BID CATEGORY(S) IS RESPONSIBLE FOR LINE ITEM

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01 50 00 - Temporary Facilities Responsibility Matrix 5/28/2020 1



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Provide two gang duplex grounded convenience outlets having 3-wire grounded type GFCI receptacles within 75΄ of outside walls

and 150΄ spacing in any direction within the building. Install outlets in such a manner that a 100΄extension cord can reach any

part of the building, including enclosed areas such as offices. Provide this service on the first and second floor.

X

21Each Contractor shall provide its own extension cords and its own Ground Fault Circuit Interrupter Equipment or Receptacle if

required for special equipment.X

22

In addition to the above temporary power, provide and subsequently remove circuits for: i. For (2) Project Offices (Owner, CM

and A/E): (2) 100 amp, 120/208 volt, single phase, 4-wire, grounded branch feeder to supply: lighting, power, electric heat and

electric air conditioning.X

23

Contractors having power requirements other than above shall be responsible for them. Such services include but are not limited

to the following: Power to temporary offices, trailers, and sheds, Special power for masonry saws or mixers, floor grinders, floor

sanders, etc., Heavy duty electrical welding equipment, Temporary heating units.X

24 Temporary Phones & Service - Each Prime Contractor to Provide Own X

25 Temporary Construction & Support Facilities Installation26

27 Temporary Heat Equipment & Connection until Substantial Completion X28 Temporary Heat Usage Costs - Until Substantial Completion X

29 Temporary Project Identification Signs and Bulletin Boards X

30 Waste Disposal Services – All dumpsters X

31 Project Signage X

32Drinking Water - Each Prime Contractor shall provide drinking water for all trades under their contract during the construction of

the project. Provide sanitary paper cups, ice and disposal containers.X

33 Building Electrical Usage Costs X

34 Safety/First Aid - All Prime Contractors Provide Their Own X35

36 Temporary Fire Extinguishers, Provide (1) per 3,000 SF, maintained inspected and tagged per OSHA requirements X37 Barricades, Warning Signs (e.g. Side walk closures, road flashers/restrictions) X

38Utility Protection for all scopes for duration of project. See Bid scopes and utility protection section for additional information.

X

39 Snow Removal – All areas within the construction Fence Zone X

Security & Protection Facilities

General




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40 Clean Streets for entire duration of project X

41Locate field offices, storage sheds, sanitary facilities and other temporary construction and support facilities for easy access.

Coordinate through Construction Manager. X

42

Maintain temporary construction and support facilities until near Substantial Completion. Remove prior to Substantial

Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions

acceptable to the Owner.

X

43Non-combustible construction for offices, shops and sheds located within the construction area, or within 30΄ of building lines.

Comply with requirements of NFPA 241.X

44

45

Provide portable toilets and soap dispensers along with routine maintenance (minimum weekly cleaning) thereof for the duration

of the project. Provide quantity per OSHA standards (but a minimum ratio 8:1) for all construction personnel for the duration of

the project.

X

46

47 Each Bidder shall be responsible to perform their own dewatering. X

48Dispose of rainwater in a lawful manner, which will not result in flooding the project or adjoining property, not endanger

permanent work or temporary facilities.X

49

50 Each Prime Contractors Home Office must have E-mail capabilities. X

51Each Prime Contractor shall install his own storage and fabrication sheds, sized, furnished and equipped to accommodate

materials and equipment involved, including temporary utility service. X

52

53 Traffic control signs X

54 Project Clean-Up & Construction Aids55

56 Prime Contractor is responsible for clean-up of their storage and office areas. X

57 No trash will be allowed to accumulate for a period of longer than one week. X58 Prime Contractor is responsible for removal of his rubbish from the building/jobsite to the containers. X59 Cleaning of concrete foundations, prior to installation of masonry (water, mud, and dewatering) X

60Any contractor that fails to remove their trash or maintain a clean area will be liable for the cost associated with clean up by

others as determined by the Construction Manager.X

61

Sanitary Facilities

Dewatering Facilities and Drains

Field Offices and Storage Sheds

Project Signs

Project Clean-Up & Rubbish Container

Storage Area




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62

Storage areas are defined as those areas each Prime Contractor uses outside the building for temporary storage of materials and

staging of materials and those areas within the new building as allowed by the Construction Manager. X

63Each Prime Contractor will be responsible for his own area and its clean-up and disposal of the packing and crating which results

from the uncrating, etc., of their respective materials.X

64 No trash will be allowed to accumulate in these areas for a period of longer than one day. X65

66Provide a General Project dumpster on the jobsite at all times for their use and the use of all trades for Project Clean-up for the

duration of the project. X

67

68Upon completion of the work, the areas occupied by the storage of material shall be cleaned of all rubbish and the grounds left

clean and approved by the Architect before Substantial Completion will be issued. X

69Burning of trash on the site is prohibited. All materials shall be disposed of off the site in legal manner at the Contractor's

expense.70 Provide all mowing, trimming, and weeding for the duration of the project. X70

71Construction aids (ladders, scaffolding, lifts, cranes, etc.) and miscellaneous facilities required exclusively by one Contractor are

the responsibility of that Contractor.X

72

73 Comply with the requirements of the Air Pollution Control Board of the State of Indiana and Town of Brownsburg. X

74

75From the commencement of the project to the completion of the Work, keep the Project free from accumulation of water and

shall have available resources to maintain necessary pumping and bailing equipment for this purpose.X

76Include all snow removal within the construction fencing as defined on the CM Drawings. All snow removal outside of

construction fencing shall be conducted and paid for by the Owner.X

77 Security & Protection Facilities Installation78

79The items listed within this section are to be provided by the prime contractor that creates the need for such, except as outlined

by the project documents. X X

Snow & Water Removal

Barricades, Warning Signs & Lights

Clean-Up of Work Areas During Construction

Construction Aids & Miscellaneous Services & Facilities

Dust Control

Dumpster / Trash Service




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Comply with standards and code requirements for erection of structurally adequate barricades. Paint with appropriate colors,

graphics and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and

needed provide lighting, including flashing red or amber lights.

X X

81

Provide and maintain adequate approved barricades around all obstructions and excavations resulting from the work. Where

those obstructions and excavations occur at any areas crossed by the public or the Owner's personnel, adequate lights shall be

installed on the barricades. All entrances and/or accesses to the roadway or walks where these obstructions and excavations

occur shall also be barricaded and lighted as specified above.

X

82

83

Prime Contractor to provide protection, operate temporary facilities and conduct construction in ways and by methods that

comply with environmental regulations, and minimize the possibility that air, waterways and subsoil might be contaminated or

polluted, or that other undesirable effects might result.

X

84Avoid use of tools and equipment which product harmful noise. Restrict use of noise making tools and equipment to hours that

will minimize complaints from persons or firms near the site.X

85

86Containers shall be unopened at delivery and the respective labels shall show contents and compliance with all applicable laws.

X

87 Store containers off the ground and protect from the weather. X

88

89Existing utility lines and structures indicated or known shall be protected from damage during construction operations.

X

90All bidders to locate and flag all lines and structures before beginning excavation and other construction operations.

X

91 Utility lines constructed for this Project shall be protected by the installing Prime Contractor. X

92

When utility lines and structures that are to be removed or relocated are encountered within the area of operations, notify the

Architect and Construction Manager and affected utility in ample time for the necessary measures to be taken to prevent

interruption of the services.

X

93

Damage to existing utility lines or structures not indicated or known shall be reported immediately to the Architect and

Construction Manager and the affected utility. If determined that repairs are required under the Contract, the cost of such

repairs will be covered by Change Order. If the contractor could have known of the utilities through proper location, flagging or

drawing review the contractor shall pay for repairs.

X

94 It is the responsibility of the Contractor doing any excavation work to locate all utilities public and private. X

Utility Protection

Environmental Protection

Containers



PROJECT CLOSEOUT 1

SECTION 01 77 00 - PROJECT CLOSEOUT PART 1 - GENERAL

1.1. RELATED DOCUMENTS:

A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification sections, apply to work of this section.

1.2. DESCRIPTION OF REQUIREMENTS:

A. Definitions: Project closeout is the term used to describe certain collective project

requirements, indicating completion of the Work that are to be fulfilled near the end of the Contract time in preparation for final acceptance and occupancy of the Work by the Owner, as well as final payment to the Contractor and the normal termination of the Contract.

B. Specific requirements for individual units of work are included in the appropriate sections.

C. Time of closeout is directly related to "Substantial Completion"; therefore, a series of time

periods for individual elements of the Work that have been certified as substantially complete at different dates. This time variation shall be applicable to the other provisions of this section.

1.3. PREREQUISITES TO SUBSTANTIAL COMPLETION:

A. General: Complete the following before requesting the Architect's inspection for certification of

substantial completion, either for the entire Work or for portions of the Work. List known exceptions in the request.

B. In the progress payment request that coincides with, or is the first request following, the date

substantial completion is claimed, show either 100% completion for the portion of the Work claimed as "substantially complete", or list incomplete items, the value of incomplete work, and reasons for the Work being incomplete.

C. Include supporting documentation for completion as indicated in these contract documents.

D. Submit a statement showing an accounting of changes to the Contract Sum.

E. Submit specific warranties, workmanship/maintenance bonds, maintenance agreements, final

certifications and similar documents.

F. Submit record drawings and maintenance manuals.

G. Deliver tools, spare parts, extra stock of material and similar physical items to the Owner. A signed receipt from the owner must be presented as part of final payments.

H. Complete start-up testing of systems, and instruction of the Owner's operating and

maintenance personnel. Discontinue or change over and remove temporary facilities and services from the project site, along with construction tools and facilities, mock-ups, and similar elements.

I. Change all filters to new.


PROJECT CLOSEOUT 2

J. Complete final cleaning up requirements, including touch-up painting of marred surfaces.

K. Touch-up and otherwise repair and restore marred exposed finishes.

L. Inspection Procedures: Upon receipt of the Contractor's request for inspection, the Architect

will either proceed with inspection or advise the Contractor of unfilled prerequisites.

1. Following the initial inspection, the Architect will either prepare the certificate of substantial completion or will advise the Contractor of work which must be performed before the certificate will be issued. The Architect will repeat the inspection when requested and when assured that the Work has been substantially completed.

2. Results of the completed inspection will form the initial "punch-list" for final acceptance.

M. Re-inspection Procedure: The Architect will re-inspect the Work upon receipt of the

Contractor's notice that the work, including punch-list items resulting from earlier inspections, has been completed, except for these items whose completion ha s been delayed because of circumstances that are acceptable to the Architect.

1. Upon completion of re-inspection, the Architect will either prepare a certificate of final

acceptance or will advise the Contractor of work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance.

2. If necessary, the re-inspection procedure will be repeated.

N. Record Drawings: Maintain a record set of blue or black line white-prints of contract drawings

and shop drawings in a clean, undamaged condition. Mark-up the set of record documents to show the actual installation where the installed work varies substantially from the work as originally shown. Mark whichever drawing is most capable of showing the actual "field" condition fully and accurately; however, where shop drawings are used for mark-up, record a cross-reference at the corresponding location on the working drawings. Give particular attention to concealed work that would be difficult to measure and record at a later date.

O. Record Product Data: Maintain on copy of each product data submittal. Mark these

documents to show significant variations in the actual Work performed in comparison with the submitted information. Include both variations in the products as delivered to the site, and variations from the manufacturer's instructions and recommendations for installation. Give particular attention to conceal products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark-up of record drawings and specifications.

1. Upon Completion of mark-up, submit complete set of record product data to the Architect

for the Owner's records.

P. Maintenance Manuals: Submit maintenance manuals as described in other specification sections in this specification manual.

PART 2 - PRODUCTS (Not Applicable)


PROJECT CLOSEOUT 3

PART 3 - EXECUTION

3.1 General Operating and Maintenance Instructions: Arrange for each installer of operating equipment and other work that requires regular or continuing maintenance, to meet at the site with the Owners personnel to provide necessary basic instruction in the proper operation and maintenance of the entire Work. Where installers are not experienced in the required procedures, include instruction by the manufacturer's representatives.

A. As part of this instruction provide a detailed review of the following items:

B. Maintenance manuals

C. Record documents

D. Spare parts and materials

E. Tools

F. Cleaning Warranties, bonds, maintenance agreements and similar

G. Continuing commitments.

3.2 FINAL CLEANING:

A. Cleaning: Provide final cleaning of the Work at the time indicated. Employ experienced workers of professional cleaners for final cleaning. See other specification sections for this work.

B. Removal of Protection: Except as otherwise indicated or requested by the Architect, remove

temporary protection devices and facilities which were installed during the course of the work to protect previously completed work during the remainder of the construction period.

C. Where extra materials of value remaining after completion of associated work have become

the Owner's property, dispose of these materials to the Owner's best advantage as directed. END OF SECTION


OPERATIONS AND MAINTENANCE MANUALS 1

SECTION 01 78 23 – OPERATIONS AND MAINTENANCE MANUALS PART 1 - GENERAL

1.1. INTENT OF MANUALS

A. It is critical to the completion of this project for the Owner to receive three (3) complete sets of detailed maintenance and as built manuals. The intent of the requirement is to form a user's manual of the complete building. Every component shall be recorded, detailed, catalogued, maintainable, replaceable, cleanable and reparable through the use of these manuals. These manuals are as important as any component in the building.

B. Manuals shall be submitted at the end of phase one for that work and at the end of phase two

for that work. Owner training of equipment shall also occur at that time.

1.2. DESCRIPTION

A. Related Requirements Specified Elsewhere.

1. Section 01 78 39 - Project Record Documents

1.3. OPERATIONS AND MAINTENANCE DATA

A. Compile product data and related information appropriate for Owner's maintenance and operation of products furnished under the Contract.

1. Prepare operating and maintenance data as specified in this Section and as referenced

in other pertinent sections of Specifications.

2. Operations and maintenance data shall be available to the Owner at the time of beneficial occupancy.

B. Instruct Owner's personnel in the maintenance of products and in the operation of equipment

and systems.

1.4. QUALITY ASSURANCE

A. Preparation of data shall be done by personnel:

1. Trained and experienced in maintenance and operation of the described products.

2. Completely familiar with requirements of this Section.

3. Skilled as a technical writer to the extent required to communicate essential data.

4. Skilled as a draftsman competent to prepare required drawings.

1.5. FORM OF SUBMITTALS

A. Prepare data in the form of an instructional manual for use by Owner's personnel.



B. Format:

1. Size: 8 1/2" x 11." 2. Paper: 20 pound minimum, white, for typed pages. 3. Text: Manufacturer's printed data, or neatly type written. 4. Drawings:

a. Provide reinforced punched binder tab, bind in with text. b. Fold larger drawings to the size of the text pages.

5. Provide fly-leaf for each separate product, or each piece of operating equipment.

C. Cover: 1. Identify each volume with type or printed title "OPERATIONS AND MAINTENANCE

INSTRUCTIONS." 2. List:

a. Title or Project b. Identity of separate structure as applicable c. Identity of general subject matter covered in the manual.

D. Binders:

1. Commercial quality three-ring binders with durable and cleanable plastic covers. 2. Maximum ring size: 1 inch. 3. When multiple binders are used, correlate the data into related consistent groupings. 4. Color: Black 5. Shall have slip in pocket on binding side for typed labels.

1.6. CONTENT OF MANUAL

A. Neatly typewritten table of contents for each volume, arranged in a systematic order.

1. Contractor, name of responsible principal, address and telephone number. 2. A list of each product, the name, address and telephone number of:

a. Subcontractor or installer. b. Maintenance contractor, as appropriate. c. Identify the area of responsibility of each. d. Local source of supply for parts and replacement.

3. Identify each product by product name and other identifying symbols as set forth in

Contract Documents.

B. Product Data:

1. Include only those sheets which are pertinent to the specific product. 2. Annotate each sheet to:

a. Clearly identify the specific product or part installed. b. Clearly identify the data applicable to the installation. c. Delete references to inapplicable information.

C. Drawings:

1. Supplement product data with drawings as necessary clearly illustrate:



a. Relations of component parts of equipment and systems. b. Control and flow diagrams.

2. Coordinate drawings with information on Record Documents to assure correct illustration of completed installation.

3. Do not use Record Documents as maintenance drawings.

D. Written text, as required to supplement product data for the particular installation:

1. Organize in a consistent format under separate headings for different procedures.

2. Provide a logical sequence of instructions for each procedure.

3. Photo static copy of each warranty, bond and service contract issued.

4. Provide information sheet for Owner's personnel give: a. Proper procedures in the event of failure. b. Instances which might affect the validity of warranties or bonds.

1.7. MANUAL FOR MATERIALS AND FINISHES

A. Submit three (3) copies of complete manual in final form and one (1) electronic copy.

B. Content, for architectural products, applied materials and finishes:

1. Manufacturer's data, giving full information on products.

a. Catalog number, size, composition. b. Color and texture designations. c. Information required for recording special manufactured products.

2. Instructions for care and maintenance. a. Manufacturer's recommendation for types of cleaning agents and methods. b. Cautions against cleaning agents and methods which are detrimental to the

product. c. Recommended schedule for cleaning and maintenance.

3. Content, for moisture-protection and weather-exposed products:

4. Manufacturer's data, giving full information on products.

a. Applicable standards. b. Chemical composition. c. Details of installation.

5. Instructions for inspection, maintenance, and repair.

6. Additional requirements for maintenance data: The respective sections of Specifications.

7. Provide complete information for products specified in all specification sections with no exception.

1.8. MANUAL FOR EQUIPMENT AND SYSTEMS

A. Submit one (1) hard copy and one (1) electronic copy of the complete manual in final form.



B. Content for each unit of equipment and system as appropriate:

1. Description of unit and component parts.

a. Function, normal operation characteristics, and limiting conditions. b. Performance curves, engineering data and tests. c. Complete nomenclature and commercial number of all replacement parts.

2. Operation procedures:

a. Start-up, break-in, routine and normal operating instructions. b. Regulation, control, stopping, shut-down and emergency instructions. c. Summer and winter operating instructions. d. Special operating instructions.

3. Maintenance Procedures:

a. Routine operations b. Guide to "trouble-shooting" c. Disassembly, repair and reassembly. d. Alignment, adjusting and checking.

4. Servicing and lubrication schedule:

a. List of lubricants required.

5. Manufacturer's printed operating and maintenance instructions. 6. Description of sequence of operation by control manufacturer. 7. Original and manufacturer's parts list, illustrations assembly drawings and diagrams

required. 8. As-installed control diagrams by controls manufacturer. 9. Each contractor's coordination drawings. 10. Charts of valve tag numbers, with the location and function of each valve. 11. List of original manufacturer's spare parts, manufacturer's current prices and

recommended quantities to be maintained in storage. 12. Other data as required under pertinent sections of specifications.

C. Content, for each electric and electronic system, as appropriate:

1. Description of system and component parts. a. Function, normal operating characteristics and limiting conditions. b. Performance curves, engineering data and tests. c. Complete nomenclature and commercial number of replaceable parts.

2. Operating procedures: a. Routine and normal operating instructions. b. Sequences required. c. Special operating instructions

3. Maintenance procedures: a. Routine operations. b. Guide to "trouble-shooting." c. Disassembly, repair and reassembly. d. Adjustment and checking.



4. Manufacturer's printed operating and maintenance instructions. 5. List of original manufacturer's spare parts, manufacturer's current prices and

recommended quantities to be maintained in storage.

6. Other data as required under pertinent sections of Specifications.

7. Prepare and include additional data when the need for such data becomes apparent during instruction of Owner's personnel.

8. Additional requirements for operations and maintenance data: The respective sections

of Specifications.

9. Provide complete information for products specified for: a. Cabinets and Storage. b. Plumbing Equipment. c. Fire Protection. d. Power or Heat Generation. e. Refrigeration. f. Air Distribution. g. Controls and Instrumentation. h. Motors (Electrical) i. Power Generation. j. Power Transmission. k. Lighting. l. Special Systems. m. Heating and Cooling.

1.9. SUBMITTING SCHEDULE

A. Submit two (2) copies of preliminary drafts of proposed formats and outlines of contents sixty

(60) days prior to final inspection or acceptance.

B. Submit one (1) copy of completed data in final form fifteen (15) days prior to final inspection or acceptance with comments.

C. Submit three (3) copies of approved data in final form and one (1) electronic copy ten (10)

days after each Certificate of Substantial Completion is issued by the Architect. Refer to Preliminary Outline Schedule in Section 00-89-13 for each Substantial Completion date.

1.10 INSTRUCTION OF OWNER'S PERSONNEL

A. Prior to final inspection or acceptance, fully instruct Owner's designated operating and

maintenance personnel in the operation, adjustment and maintenance of all products, equipment and systems.

B. Operations and maintenance manuals shall constitute the basis of instruction.

1. Review contents of manuals with personnel in full detail to explain all aspects of operations and maintenance.

1.11 APPROVALS

A. Operating and maintenance data submittals shall be approved by the Architect.



B. See Payments and Completion Articles in Conditions of the Contract. PART 2 - PRODUCTS (Not Applicable) PART 3 – EXECUTION (Not Applicable) END OF SECTION


WARRANTIES AND BONDS 1

SECTION 01 78 36 – WARRANTIES AND BONDS PART 1 – GENERAL

1.1. WARRANTIES AND BONDS

A. Compile specified warranties and bonds.

B. Compile specified service and maintenance contracts.

C. Co-execute submittals when so specified.

D. Review submittals when so specified.

E. Submit to Architect for transmittal to Owner.

1.2. SUBMITTAL REQUIREMENTS

A. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers, and subcontractors.

B. Number of original copies required: Three (3) each and one (1) electronic copy.

C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each

item.

1. Product or work item. 2. Firm, with name of principal, address, and telephone number. 3. Scope. 4. Date of beginning of warranty, bond or service and maintenance contract. 5. Duration. 6. Provide information for Owner's personnel:

a. Proper procedure in case of failure. b. Instances which might affect the validity of warranty or bond.

7. Contractor, name of responsible principal, address, and telephone number.

1.3. FORM OF SUBMITTALS

A. Prepare in triplicate packets.

B. Format:

1. Size: 8 1/2" x 11", punch sheets for 3-ring binders. a. Fold larger sheets to fit into binders.

2. Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS." List: a. Title or Project. b. Name of Contractor.

C. Binders: Commercial quality, three-ring, with durable and cleanable plastic covers.


WARRANTIES AND BONDS 2

1.4. TIME OF SUBMITTALS

A. For equipment or component parts or equipment put into service during progress of

construction:

1. Submit duplicate original signed document within ten (10) days after inspection and acceptance.

B. For items of work when acceptance is delayed materially beyond the Date of Substantial

Completion; provide up-dated submittal within ten (10) days after acceptance, listing the date of acceptance as the start of the warranty period.

1.5. SUBMITTALS REQUIRED

A. Submit warranties, bonds, service, and maintenance contracts as specified in the

Specifications. B. All warranties shall be submitted to the Construction Manager at the end of each phase of

work. Refer to the CM Drawings. PART 2 – PRODUCTS (Not Applicable) PART 3 – EXECUTION (Not Applicable) END OF SECTION


PROEJCT RECORD DOCUMENTS 1

SECTION 01 78 39 - PROJECT RECORD DOCUMENTS 1 PART 1 - GENERAL

1.1. DESCRIPTION

A. Related Requirements Specified Elsewhere.

1. Section 01 77 00 Project Closeout

B. In addition to the requirements of the Conditions of the Contract, the following requirements shall be complied with in respect to Project Record Documents.

C. Maintain at the site for the Owner one record copy of:

1. Drawings 2. Specifications 3. Addenda 4. Change Orders and Other Modifications to the Contract 5. Architect's Field Orders or written instructions. 6. Approved Shop Drawings, Product Data and Samples. 7. Field Test records. 8. Construction photographs

1.2. MAINTENANCE OF DOCUMENTS AND SAMPLES.

A. Store documents and samples in field office apart from documents used for construction.

1. Provide files and racks for storage of documents. 2. Provide locked cabinet or storage space for storage of samples.

B. File documents and samples in accordance with Data Filing Format of the Uniform

Construction Index.

C. Maintain documents in a clean, dry, legible condition and in good order.

D. Do not use record documents for construction purposes.

E. Make documents and samples available at all times for inspection by Architect.

1.3. RECORDING.

A. Label each document "PROJECT RECORD" in neat large printed letters.

B. Record information concurrently with construction progress.

1. Do not conceal any work until required information is recorded. 2. Record horizontal and vertical locations of underground utilities and appurtenances

referenced to permanent surface improvements. 3. Record location of internal utilities and appurtenances concealed in the construction,

Referenced to visible and accessible features of the structure.


PROEJCT RECORD DOCUMENTS 2

4. Field changes of dimension and detail. 5. Changes made by Change Order. 6. Details not on original contract drawings.

C. Specifications and Addenda: Legibly mark each Section to record:

1. Manufacturer, trade name, catalog number, and Supplier of each product and item of

equipment actually installed.

1.4. RECORD DRAWINGS. A. As construction progresses the Contractor is to carefully mark with dimensions the locations of

all concealed piping, conduits, and other materials, which will not be visible after construction.

B. Show all changes to the drawings as they are actually constructed in the field.

C. The architect will review these drawings once a month.

1.5. SUBMITTAL.

A. Provide one original record document and (1) electronic copy within 10 days after the Architect issues the final Certificate of Substantial Completion. Deliver record documents to the Architect.

B. Accompany submittal with transmittal letter in duplicate containing:

1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title and number of each record document. 5. Certification that each document is complete and accurate. 6. Signature of Contractor or his authorized representative.

C. All Project Record Documents shall be submitted to the Construction Manager at the end of

each phase of work. Refer to the CM Drawings for phasing.

PART 2 – PRODUCTS (Not Applicable)

PART 3 – EXECUTION (Not Applicable) END OF SECTION