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HomeMy WebLinkAboutAgenda Packet 06-25-2024ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS NEW EMPLOYEE INTRODUCTIONS Interim Planning Director Carol Gault - M. SMOLEN PRESENTATION Paducah Water Agency Overview - Jason Petersen PUBLIC COMMENTS MAYOR'S REMARKS Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which I/a CITY COMMISSION MEETING AGENDA FOR JUNE 25, 2024 CONSENT AGENDA 5:00 PM s - CITY HALL COMMISSION CHAMBERS Approve Minutes for the June 11, 2024, Board of Commissioners Meeting 300 SOUTH FIFTH STREET B. Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner's desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS NEW EMPLOYEE INTRODUCTIONS Interim Planning Director Carol Gault - M. SMOLEN PRESENTATION Paducah Water Agency Overview - Jason Petersen PUBLIC COMMENTS MAYOR'S REMARKS Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A. Approve Minutes for the June 11, 2024, Board of Commissioners Meeting B. Receive & File Documents C. Appointment of Herbert Gregory to the Paducah -McCracken County Senior Citizens Board D. Reappointment of Charles "Chip" Bohle, Patrick White and Joseph Benberry to the Paducah Area Transit Authority Board E. Appointment of Jonathan Mark Davis and Joint Appointment of Will Cox to the Paducah -McCracken County Joint Sewer Agency Board F. Reappointment of Mark Whitlow and Joint Reappointment of Alexandra Sherwood to the Paducah -McCracken County Convention Center Corporation G. Personnel Actions H. Reimbursement Agreement with Paducah Water for the S 24th Street Waterline Relocation Expenses - G. GUEBERT I. Accept proposed premiums from the Kentucky League of Cities for Workers' Compensation, Liability Insurance, and Property Insurance Coverage for a total amount of $1,262,094.99 - S. WILCOX J. Approve Contract Modification 91 to BUILD Grant Contract for Professional Services with HDR, Inc. for $40,000 - M. TOWNSEND K. Approve an Interlocal Participation Agreement for Cooperative Purchasing with Buy Board, National Purchasing Cooperative to allow for the purchase of certain services and goods at a cost savings to the City - C. YARBER L. Authorize the Acceptance of a 2024 Kentucky 911 Services Board Grant in the Amount of $99,653 - B. LAIRD M. Authorize the Acceptance of a State and Local Cybersecurity Security Grant in the Amount of $50,000 - E.STUBER II. BOARD APPOINTMENTS) A. Appointment of Paul Gouriex, Uppinder Mehan, Ashlea McMillan, Elisha Winslow and Julie Harris to the Paducah Riverfront Development Authority III. MUNICIPAL ORDERS) A. City of Paducah Title VI Program Plan Adoption - S. WILCOX B. Accept recommendation from Sports Tourism Commission for evaluated bids for Paducah Sports Park for Bid Package 01 - Site: Field Turf and approve construction contracts with Sprinturf in the amount of $6,321,087.00 - A. CLARK & D. JORDAN C. Accept recommendation from Sports Tourism Commission for evaluated bids for Paducah Sports Park for Bid Package 01 - Site: Lighting and approve construction contracts with Musco in the amount of $2,264,475.00 - A. CLARK & D. JORDAN D. Accept recommendation from Sports Tourism Commission for evaluated bids for Paducah Sports Park for Bid Package 01 - Site/Civil and Bid Package 02 - Buildings and approve construction contracts with A&K Construction in the amount of $47,771,839.00 - A. CLARK & D. JORDAN E. Accept recommendation from Sports Tourism Commission for Paducah Sports Park for Bid Package 02 - Food and Beverage and approve contract for services with Stafford Smith in the amount of $608,833.00 - A. CLARK & D. JORDAN IV. ORDINANCE(S) - ADOPTION V. I ORDINANCE(S) - INTRODUCTION A. Approve an Ordinance Creating a Real Estate Parcel Fee for the Funding of 911 Services, Maintenance, and Equipment - D. JORDAN V. I ORDINANCE(S) - INTRODUCTION VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners VII. EXECUTIVE SESSION A. Approve Section 8 Housing Choice Voucher Program FY25 Budget - LASICA McEWEN VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners VII. EXECUTIVE SESSION June 11, 2024 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, June 11, 2024, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). INVOCATION Commissioner Henderson led the Invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. No items were removed for separate consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the May 28, 2024, Board of Commissioners Meeting I(B) Receive and File Documents: Minute File: 1. Notification by Jet Insurance Company regarding Bond cancellation for Quad State Internet, LLC Contract File: 1. Resignation and Release — Nic Hutchison 2. Letter to Automated Merchant Systems regarding termination of services provided by AMS_Corebt. Signed by Assistant City Manager Michelle Smolen 3. Contract with Jim Smith Contracting — Cherry Civic Center Parking Lot Rehabilitation — MO #2888 4. LaBarri Subdivision - Termination of Residential Infill Development Agreement — EMD Properties, LLC — MO #2892 5. LaBarri Subdivision - Residential Infill Development Agreement — Willett Enterprises, Inc. MO #2893 6. Contract For Services — Rightway Janitorial Services — City Park Facilities MO #2897 7. Fleet Maintenance Service Agreement with Livingston County Emergency Management — MO 92899 8. Fleet Maintenance Service Agreement with Barkley Regional Airport Authority — MO #2900 9. Agreement to Purchase '/z ton pickup 4x4 SSV for Fire Department — MO #2901 10. Contract For Services — Beautiful Paducah — BBQ on the River 2024 — MO #2903 Deed File: June 11, 2024 Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). MUNICIPAL ORDERS APPROVE INTERIM PLANNING DIRECTOR EMPLOYMENT AGREEMENT WITH CAROL GAULT Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND CAROL GAULT FOR EMPLOYMENT AS INTERIM PLANNING DIRECTOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAME." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2906; BK 13) APPROVE DEVELOPMENT AGREEMENT WITH C.LR.CO CONSTRUCTION FOR 318 BROADWAY STREET (Kresge) 1. Quitclaim Deed — City of Paducah to Paducah -McCracken County Senior Citizens — Alley Closure — ORD 2024-04-8807 Financials: 1. Paducah Water Works —Month ended April 30, 2024 Bids and Proposals File: 1. Robert Cherry Civic Center Parking Lot Rehabilitation a. Jim Smith Contracting (MO #2888) b. Central Paving Co. of Paducah 2. Custodial Services for City Park Facilities a. Rightway Janitorial Services (MO #2897) 3. Purchase of one '/z ton pickup 4x4 SSV for Fire Department a. Linwood Motors (MO #2901) b. John Jones Auto Group I(C ) Reappointment of Carol Young to the Paducah -McCracken County Senior Citizens Board. This term shall expire June 22, 2027 I(D) Personnel Actions I(E) A MUNICIPAL ORDER AMENDING THE FY2023-2024 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY MO #2904; BK 13 I(F) A MUNICIPAL ORDER AMENDING THE FISCAL YEAR 2024 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY MO #2905; BK 13 Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). MUNICIPAL ORDERS APPROVE INTERIM PLANNING DIRECTOR EMPLOYMENT AGREEMENT WITH CAROL GAULT Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND CAROL GAULT FOR EMPLOYMENT AS INTERIM PLANNING DIRECTOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAME." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2906; BK 13) APPROVE DEVELOPMENT AGREEMENT WITH C.LR.CO CONSTRUCTION FOR 318 BROADWAY STREET (Kresge) June 11, 2024 Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER DECLARING THE PROPERTY AT 318 BROADWAY TO BE SURPLUS, TRANSFERRING THE PROPERTY TO C.I.R.CO, LLC FOR COMPENSATION IN THE AMOUNT OF $10,000, AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND C.I.R.CO, LLC AND ALL DOCUMENTS RELATED TO SAME." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO # 2907; BK 13) ACCEPT THE 2024-2026 HOUSE BILL 1 APPROPRIATION IN THE AMOUNT OF $3.5 MILLION FOR THE BUILD GRANT PROJECT Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT FOR THE BETTER UTILIZING INVESTMENTS TO LEVERAGE DEVELOPMENT (BUILD) GRANT PROJECT IN AN AMOUNT OF $3,500,000 TO IMPROVE THE PADUCAH RIVERFRONT AND PEDESTRIAN CORRIDOR FROM THE CONVENTION CENTER TO DOWNTOWN, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR THE FUNDS AND ALL OTHER DOCUMENTS RELATED TO SAME." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO # 2908; BK 13) ORDINANCE ADOPTIONS AMEND CODE OF ORDINANCES CREATING A NEW SECTION OF THE CITY OF PADUCAH ZONING CODE RELATED TO REASONABLE ACCOMMODATION FOR RECOVERY HOMES Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE ESTABLISHING SECTION 126- 88, REASONABLE ACCOMMODATION FOR RECOVERY HOMES, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH KENTUCKY" Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD NO. 2024-06-8814; BK 37) APPROVE FISCAL YEAR 2025 BUDGET (07/01/2024-06/30/2025) FOR THE CITY OF PADUCAH Commissioner Henderson offered Motion, second by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2024, THROUGH JUNE 30, 2025, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year June 11, 2024 July 1, 2024, through June 30, 2025, by estimating revenues and resources and appropriating funds for the operation of City Government at $120,854,935, and summarized by fund as follows: $120,854,935 Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD NO. 2024-05-8815; BK 37) ORDINANCE INTRODUCTION APPROVE AN ORDINANCE CREATING A REAL ESTATE PARCEL FEE FOR THE FUNDING OF 911 SERVICES, MAINTENANCE AND EQUIPMENT Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ESTABLISHING AND IMPOSING A FEE ON ALL OCCUPIED REAL ESTATE PARCELS LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF PADUCAH TO FACILITATE FUNDING FOR THE PROVISION OF JOINT 911 SERVICES AS MORE FULLY SET FORTH IN THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PADUCAH AND MCCRACKEN COUNTY." This Ordinance is summarized as follows: This ordinance establishes an annual parcel fee on all occupied individual residential units and all occupied individual commercial, religious, charitable, educational, and public use units located within the territorial limits of the City of Paducah. FUNDS APPROPRIATIONS 1000 GENERAL $57,637,779 2300 MAP 2,501,705 2400 INVESTMENT 8,315,330 2500 TIF 0 2000 E911 3,721,817 2200 OPIOID 64,200 2700 COURT AWARDS 116,165 2800 ROOM TAX 1,850,650 3000 DEBT 3,617,780 4000 CIP 11,296,250 4200 BOND FUND 15,000,000 5000 SOLID WASTE 6,937,075 TRANSIENT BOAT 5300 DOCK 442,681 1100 RENTAL 154,482 1200 RADIO DEPR 25,035 7000 FLEET MAINTENANCE 879,981 7100 FLEET LEASE TRUST 2,425,255 7200 INSURANCE 1,348,140 7300 HEALTH INSURANCE 3,659,420 8100 PFPF 786,765 8400 OTHER TRUSTS 74,425 $120,854,935 Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD NO. 2024-05-8815; BK 37) ORDINANCE INTRODUCTION APPROVE AN ORDINANCE CREATING A REAL ESTATE PARCEL FEE FOR THE FUNDING OF 911 SERVICES, MAINTENANCE AND EQUIPMENT Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ESTABLISHING AND IMPOSING A FEE ON ALL OCCUPIED REAL ESTATE PARCELS LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF PADUCAH TO FACILITATE FUNDING FOR THE PROVISION OF JOINT 911 SERVICES AS MORE FULLY SET FORTH IN THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PADUCAH AND MCCRACKEN COUNTY." This Ordinance is summarized as follows: This ordinance establishes an annual parcel fee on all occupied individual residential units and all occupied individual commercial, religious, charitable, educational, and public use units located within the territorial limits of the City of Paducah. June 11, 2024 Parcel fees shall be placed upon the City of Paducah's property tax bills beginning with the 2024 tax bill and continuing every year thereafter. The due dates will be the same as the property tax due dates set by the Board of Commissioners. In the first year, occupied rental units will be eligible to claim a credit of $22.50 per unit against the annual fee due. In accordance with KRS 83A. 060, the following Section of the Ordinance which imposes fees is hereby set forth in full: The Board of Commissioners hereby imposes the following annual parcel fees on all parcels of occupied real property, as more accurately defined in Sections 3 through 5 of this Ordinance, which are located within the jurisdictional limits of the City of Paducah: A. Super Commercial Retail Unit (contains structure in excess of 25,000 sq. ft.) $1,550 B. Large Commercial Retail Unit (contains structure between 7,500 and 25,000 sq. ft.) $860 C. Medium Commercial Retail Unit (contains structure between 2,500 and 7,500 sq. ft.) $325 D. Small Commercial Retail Unit (structure between 1 and 2,500 sq. ft.) $210 E. Non -Commercial Retail Unit (which shall include, but not be limited to, parking lots, garages, or other areas designed for the parking of motor vehicles as defined by KRS 186.010(4) whereby the owner, occupant, lessee, or possessor of any portion of the parcel leases, rents, licenses, bails, or otherwise allows the parking or storage of motor vehicles in exchange for consideration) $150 F. Public Use Units (emergency service, governmental, religious, charitable, and educational) $35 G. Residential Units $45 In the event a parcel is mixed use, the parcel shall be assessed at the highest applicable assessment rate. DISCUSSION: PADUCAH SPORTS PARK Communications Manager Pam Spencer offered the following summary: "McCracken County Community Development Project Manager Steve Ervin provided an update on the Paducah Sports Park which will be constructed at the former Bluegrass Downs site and Stuart Nelson Park. Earlier this year the City and County approved the construction documents with the project placed out to bid this spring. At this time, bids have been submitted with bids received for site work, buildings, food and beverage equipment, lighting, and field turf. Ervin said that on June 11, 2024 Monday the McCracken County Sports Tourism Commission approved recommending the construction contracts for the project to the City and County. At January's meeting, it was announced that the estimated cost of the facility's construction is $65 million. However, the recent bids exceeded that amount leading to a need to remove some design elements at this time including the grandstand rehabilitation, the championship field adjacent to the grandstand, a small building, maintenance area, and the basketball and pickleball areas. These features could be redesigned and added at a later date. After these deductions, the design includes five rectangular fields and four diamond-shaped fields that can be configured in a variety of ways and sizes. These multi -use, synthetic turf fields can incorporate soccer, baseball, softball, rugby, or football. Other design features include a memorial complex to Dr. Stuart Nelson, shelter and restroom facilities, concession facilities, picnic and playground areas, and a significant amount of parking. As outlined in the interlocal agreement, the City Commission and Fiscal Court have a 20 day window to accept the McCracken County Sports Tourism Commission's recommendation to proceed. After a one-year construction period, the goal is for the facility to open in 2025. Over the past four years, the project has included research and analysis, stakeholder engagement, and master planning. The Paducah Sports Park has the following principles Become a regional destination for athletic tournament play. Provide high quality athletic experiences for the local community. Further develop the unique brand and identity of Paducah and McCracken County. With an expectation of holding 35 to 40 tournaments per year, the McCracken County Sports Tourism Commission estimates that the facility could generate a local economic impact of approximately $130 million in its first five years of use." PUBLIC COMMENTS Cheryl Glore Goodwin commented on the need for better amenities at Coleman Park, including a permanent restroom facility. EXECUTIVE SESSION Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: • A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g) Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). RECONVENE IN OPEN SESSION June 11, 2024 Commissioner Smith offered motion, seconded by Commissioner Guess, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, Mayor Bray (5). ADJOURN Commissioner Guess offered Motion, seconded by Commissioner Smith, that the meeting be adj ourned. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, Mayor Bray (5). TIME ADJOURNED: 7:28 p.m. ADOPTED: June 25, 2024 George Bray, Mayor ATTEST: Lindsay Parish, City Clerk June 25, 2024 RECEIVE AND FILE DOCUMENTS: Minute File: L Special called meeting notice of the Paducah Board of Ethics on June 12, 2024 Contract File: 1. Interim Planning Director Employment Agreement with Carol Gault — MO 92906 2. Development Agreement with C.LR.CO Construction for 318 Broadway Street (Kresge lot) — MO 92907 Finnncink Paducah Water Works — month ended May 31, 2024 Bids and Proposals File: 1. Brittany Wallin — 318 Broadway — May 2023 2. CIRCO Properties — 318 Broadway — April, 2023 CITY OF PADUCAH June 25, 2024 Upon the recommendation of the City Managers Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. -P, mw; NJ City Managers Office Signature Wnllq Date CITY OF PADUCAH PERSONNEL ACTIONS June 25, 2024 NEW HIRES - FULL-TIME (F)l PUBLIC WORKS POSITION RATE NCSICS FLSA EFFECTIVE DATE Davis, Matthew R. Fleet Mechanic If $22.251hr NCS Non -Ex July 11, 2025 NEW HIRES - PART-TIME (PITT FIRE - PREVENTION POSITION RATE NCSICS FLSA EFFECTIVE DATE Anderson, Samuel Potter Admin Assistant - Temp $12.001hr NCS Non -Ex June 12, 2024 PARKS & RECREATION Smith, Milleah L. Recreation Leader - Camp Counselor $12.001hr NCS Non -Ex June 12, 2024 PAYROLL ADJUSTMENTSnRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS (PART -TIMET PREVIOUS POSITION CURRENT POSITION POLICE AND BASE RATE OF PAY AND BASE RATE OF PAY NCSICS FLSA EFFECTIVE DATE Boulton, Jon K. Equipment Specialist Equipment Specialist NCS Non -Ex June 27, 2024 $16.381hr $17.041hr TECHNOLOGY Saul, Alyson K. GIS Intern GIS Intern NCS Non -Ex May 16, 2024 $17.001hr $20.001hr PAYROLL ABJUSTMENTSIIRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS (FULL-TIME) PREVIOUS POSITION CURRENT POSITION E911 AND BASE RATE OF PAY AND BASE RATE OF PAY NCSICS FLSA EFFECTIVE DATE Kitty, Ariana R. 911 Division Manager 911 Division Manager NCS Ex May 30, 2024 $46.811hr $47.981hr Kitty, Ariana R_ 911 Division Manager 911 Division Manager NCS Ex June 27, 2024 $47.981hr $49.901hr ADMINISTRATION Smoien, Michelle L. Assistant City Manager Assistant City Manager NCS Ex June 13, 2024 $59.661hr $62.641hr Smolen, Michelle L. Assistant City Manager Assistant City Manager NCS Ex June 27. 2024 $62.64/hr $65.15Ihr CUSTOMER EXPERIENCE Parish, Lindsay R. City Clerk 1 CX Director City Clerk I CX Director NCS Ex June 13, 2024 $48.421hr $50.841hr Parish, Lindsay R. City Clerk / CX Director City Clerk 1 CX Director NCS Ex June 27, 2024 $50.841hr $52.871hr FIRE - SUPPRESSION Broadway, Michael A. Firefighter Appointee Firefighter NCS Non -Ex June 13, 2024 $15.181hr S15.18/hr Gray, Jedediah K. Firefighter Appointee Firefighter NCS Non -Ex June 13, 2024 $15.1811hr $15.181hr Hembd, Alfred Z. Firefighter Appointee Firefighter NCS Non -Ex June 13, 2024 $15.181hr $15.181hr Kyle, Stephen D. Fire Chief Fire Chief NCS Ex June 13, 2024 $73.331hr $75.531hr Kyle, Stephen D. Fire Chief Fire Chief NCS Ex June 27, 2024 $75.531hr $78.551hr Loredo, Jose A. Firefighter Appointee Firefighter NCS Nan -Ex June 13, 2024 $15.181hr $15.181hr HUMAN RESOURCES Wilcox, Stefanie E. HR Director HR Director NCS Ex June 13, 2024 $55.031hr $57.781hr Wilcox, Stefanie E. Director of Human Resources Director of Human Resources NCS Fx June 27, 2024 $57.781hr $60.091hr PARKS & RECREATION CITY OF PADUCAH PERSONNEL ACTIONS June 25, 2024 Askew, La miira A. Administrative Assistant Administrative Assistant NCS Nan -Ex May 16, 2024 $20.551hr $20.86/hr Askew, Lamiira A. Administrative Assistant Administrative Assistant NCS Non -Ex June 27, 2024 $20.861hr $21.691h r Clark, Amie R. Director of Parks & Recreation Director of Parks & Recreation NCS Ex June 13, 2024 $51.61 /hr $53.161hr Clark, Amie R. Director of Parks & Recreation Director of Parks & Recreation NCS Ex June 27, 2024 $53.16/hr $55.291hr Kirks, Kennedy M. Recreation Specialist Recreation Specialist NCS Ex May 2, 2024 $21.921hr $22.141hr POLICE Laird, Brian G. Police Chief Police Chief NCS Ex June 13. 2024 $66.80/hr $68.80/hr Laird, Brian G. Police Chief Police Chief NCS Ex Juno 27, 2024 $68.801hr $71.55/hr Miller, Sabrina N. Evidence Technician Evidence Technician NCS Non -Ex June 13, 2024 $20.26/hr $20.671hr Miller, Sabrina N. Evidence Technician Evidence Technician NGS Non -Ex June 27, 2024 $20.67/hr $21.501hr Watson, Travis L. Operations Captain Support Services Captain NCS Ex June 13, 2024 $43.16/hr $43.161hr TECHNOLOGY Benjamin, John Software Specialist Software Specialist NCS Ex June 13, 2024 $30.05/hr $30.801hr Benjamin, John Software Specialist Software Specialist NCS Ex June 13, 2024 $30.801hr $32.03/hr TERMINATIONS - PART-TIME iP1T1 PARKS & RECREATION POSITION REASON EFFECTIVE DATE Dunn, Elisabeth Recreation Leader - Camp Counselor Seasonal Termination June 25, 2024 Durfee, Weslyn Lifeguard Seasonal Termination June 25, 2024 Edwards, Madeiyn Lifeguard Seasonal Termination June 25, 2024 Garatt, Kennedy G. Assistant Pool Manager Seasonal Termination June 25, 2024 Haley, Madisyn Lifeguard Seasonal Termination June 25, 2024 Herndon, Leah Recreation Leader - Camp Counselor Seasonal Termination June 25, 2024 Meadows, Elise Pool Attendant Seasonal Termination June 25, 2024 Oliver, Tristan Recreation Leader Seasonal Termination June 25, 2024 O'Malley, Kayla Pool Attendant Seasonal Termination June 25, 2024 Owens, Dylan Lifeguard Seasonal Termination June 25, 2024 Peoples, Grace Recreation Leader - Camp Counselor Seasonal Termination June 25, 2024 Pugh, Chesleigh Recreation Leader- Intern Seasonal Termination June 25, 2024 Reese, Katherine Recreation Leader - Camp Counselor Seasonal Termination June 25, 2024 Schmidt, Olivia Lifeguard Seasonal Termination Jure 25, 2024 Wiring, Abigail Pool Attendant Seasonal Termination June 25, 2024 TERMINATIONS - FULL-TIME fFfr1 E911 POSITION REASON EFFECTIVE DATE Loyd, Cierra M. Telecommunicator Resignation May 28, 2024 PARKS & RECREATION Shockley, David Parks Laborer Retirement May 31, 2024 PUBLIC WORKS Williams, Sean Truck Driver Resignation May 31, 2024 Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Reimbursement Agreement with Paducah Water for the S 24th Street Waterline Relocation Expenses - G. GUEBERT Category: Municipal Order Staff Work By: Melanie Townsend, Brandy Topper -Curtis Presentation By: Greg Guebert Background Information: To construct the S 24th Street Project, the water lines within the Roadway Project area will require relocation, extension, and/or new construction, the "Water Construction." To reduce the costs associated with the Roadway Project, Paducah Water has agreed to complete the "Water Construction" at its own expense. Upon completion of the "Water Construction" work by Paducah Water, the City will reimburse Paducah Water for all costs involving the Water Construction, which is estimated at $157,000. This amount is an estimate only. If the actual costs to complete the "Water Construction" exceed this estimate, payment for all materials installed and the labor required for the "Water Construction" work shall be made by the City to Paducah Water. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Stormwater, Quality of Life, Southside Improvements Communications Plan: Work with the Communications Manager to publicize and discuss the project with the residents. Funds Available: Account Name: S 24th Street Account Number: ST0041 Staff Recommendation: Authorize the Mayor to execute a Reimbursement Agreement with Paducah Water for "Water Construction" work related to the S 24th Street Improvement Project and authorize the Finance Director to issue payment to Paducah Water for the actual total costs upon completion of the Water Construction work, which is estimated to be $157,000, Attachments: 1. MO Agree - Paducah Water Works Reimburse S 24th Waterline Relocation 2. Reimbursement Agreement MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AND APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND PADUCAH WATER WORKS FOR THE SOUTH 24TH STREET WATERLINE RELOCATION FOR REIMBUREMENT OF ALL EXPENSES RELATING TO RELOCATION, EXTENSION AND/OR NEW CONSTRUCTION, IN AN APPROXIMATE AMOUNT OF $157,000 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. That the City hereby authorizes and approves a Reimbursement Agreement with Paducah Water Works for all costs involving the relocation, extension and/or new construction Beautiful Paducah. The cost of this project is estimated to be $157,000, and authorizes the Mayor to execute said agreement. SECTION 2. The actual total cost of this project shall be paid upon completion of the work. The amount of $157,000 is an estimate only. In the event the costs exceed this estimated amount, the City agrees to reimburse Paducah Water for the total costs required to complete the Water Construction. The cost of this project shall be funded from Account Number ST0041. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, May 28, 2024 Recorded by Lindsay Parish, City Clerk, May 28, 2024 \1\40\agree- Paducah Water Works — S. 24' Street waterline relocation project REIMBURSEMENT AGREEMENT SOUTH 24th STREET IMPROVEMENT PROJECT THIS REIMBURSEMENT AGREEMENT is made and executed on this day of 12024, by and between CITY OF PADUCAH, KENTUCKY, a Municipal Corporation of the Second Class, with a mailing address of P.O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter referred to as "City," and PADUCAH WATER, with a mailing address of 1800 North 8th Street, Paducah, Kentucky 42001, hereinafter referred to as "PW;" UJ�rr►���9�ra WHEREAS, the City is in the process of constructing the South 24th Street Improvement Project, hereinafter referred to as "Roadway Project,"; and WHEREAS, PW currently owns, operates, and maintains the water lines within the Roadway Project area; and WHEREAS, the Roadway Project necessitates the relocation, extension, and/or construction of the water lines, hereinafter referred to as "Water Construction"; and WHEREAS, PW agrees to administer and oversee and/or perform the necessary work to complete the Water Construction, and procure contractors/subcontractors as may be deemed necessary by PW separately at its own expense; and WHEREAS, the City will reimburse PW for all actual costs and expenditures associated with the Water Construction upon completion of the work. Applicable costs and expenditures shall include, but not be limited to, the following: engineering and design, permitting, materials, construction, labor, equipment, inspection, certification, as-builts, advertisement and copy expenditures/fees as incurred by PW. NOW, THEREFORE, in consideration of the foregoing, the legal adequacy and sufficiency of which is hereby acknowledged by both parties hereto, the parties do covenant and agree as follows: Construction. PW agrees to administer, oversee and/or perform the necessary work to complete the Water Construction, and procure contractors/subcontractors as may be deemed necessary by PW. 2. Reimbursement. The City agrees to reimburse PW the total actual costs associated with the Water Construction upon completion, which is estimated at $157,000. This amount is an estimate only. In the event the costs exceed this estimated amount, the City agrees to reimburse PW for the total costs required to complete the Water Construction. Further, the City agrees to reimburse PW within sixty (60) consecutive calendar days upon receiving an itemized invoice. 5. Release of All Claims. Upon final payment to PW for the Water Construction, the City shall have been deemed to release PW from any and all claims, demands, and causes of action regarding any costs and expenses incurred by the City. 6. Miscellaneous Provisions. This Agreement represents the entire understanding by and between the parties regarding the reimbursement of the costs and expenses incurred by PW and all prior statements, promises, and agreements are merged herein by reference. This Agreement shall be binding upon the parties hereto, their heirs, successors, and assigns. A111,19M:RTITMI=11V By: Title: CITY OF PADUCAH, KENTUCKY By: Title: Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Accept proposed premiums from the Kentucky League of Cities for Workers' Compensation, Liability Insurance, and Property Insurance Coverage for a total amount of $1,262,094.99 - S. WILCOX Category: Municipal Order Staff Work By: Stefanie Wilcox, Braden Throgmorton Presentation By: Stefanie Wilcox Background Information: Each year, the City of Paducah receives from the Kentucky League of Cities (KLC) the invoices for payment to cover the above-mentioned areas. Total fiscal year 2024 - 2025 (FY2025) premiums are for the following: (1) Worker's Compensation $389,033.66, (2) Liability Insurance $703,803.82, (3) Property Insurance Coverage $169,257.51. The Health Department to reimburse $3,650.36, for property expenses associated with coverage of the Health Department. Paxton Park Golf Course to reimburse $5,114.03, for property expenses associated with the Golf Course. After careful review and consideration, this year we will be increasing the general liability deductible from $0 to $10,000 per occurrence, the auto deductible from $0 to $10,000 per occurrence, and the overall liability limit from $2 million to $4 million. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Recommend to continue with the Kentucky League of Cities for property, liability, and worker's compensation insurance coverage. Attachments: 1. MO insurance - KLC FY2025 2. FY25 KLC Invoices MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO PAY KENTUCKY LEAGUE OF CITIES FOR WORKERS' COMPENSATION, LIABILITY INSURANCE, AND PROPERTY INSURANCE COVERAGE IN A TOTAL AMOUNT OF $1,262,094.99 FOR THE CITY OF PADUCAH AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to pay Kentucky League of Cities in the total amount of $1,262,094.99 for Workers' Compensation, Liability Insurance, and Property Insurance Coverage for the City of Paducah for Fiscal Year ending June 30, 2025, for the following policies: Workers' Compensation $389,033.66 Liability Insurance $703,803.82 Property Insurance $169,257.51 SECTION 2. This expenditure shall be charged to the Insurance Fund accounts. The Health Department will reimburse $3,650.36 for property expenses associated with coverage of the Health Department. Paxton Park Golf Course will reimburse $5,114.03 for property expenses associated with the Golf Park Course. SECTION 3. That the City of Paducah hereby authorizes the Mayor to execute all documents related to the Kentucky League of Cities Worker's Compensation, Liability Insurance and Property Insurance Coverage for FY2025 as authorized in Section 1 above. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, June 25, 2024 Recorded by Lindsay Parish, City Clerk, June 25, 2024 \moAinsurance — klc fy2025 —AMKentucky League Premium Summary of Cities F.E.I.N. 61-1238903 Make check payable and mail to: Telephone: (800) 876-4552 Kentucky League of Cities Insurance (859) 977-3700 Services P.O. Box 34108 Lexington, KY 40588 Or pay via ACH at klc.org/Signln City Of Paducah P.O. Box 2267 Paducah, KY 42002 Policy Number: W5429-2024-24400 Date: 6/18/2024 Policy Number and Description Amount Policy Period: 7/1/2024-7/1/2025 $ 389,033.66 Policy Number: W5429-2024-24400 A 5% late charge will be assessed on all late payments. Unless payment is received when due, coverage provided by this policy may be cancelled for nonpayment retroactive to the beginning of the policy inception date. Amount Due By 7/15/2024 $ 389,033.66 HUB International Midwest LTD DBA HUB International Mid -South 1120 Main Street Benton, KY 42025 Return Original with Payment Kentucky League Premium Summary of Cities F.E.I.N. 61-1238903 Make check payable and mail to: Telephone: (800) 876-4552 Kentucky League of Cities Insurance (859) 977-3700 Services P.O. Box 34108 Lexington, KY 40588 Or pay via ACH at klc.org/Signln City Of Paducah P.O. Box 2267 Paducah, KY 42002 Policy Number: L5429-2024-24544 Date: 6/18/2024 Policy Number and Description Amount Policy Period: 7/1/2024-7/1/2025 $ 703,803.82 Policy Number: L5429-2024-24544 A 5% late charge will be assessed on all late payments. Unless payment is received when due, coverage provided by this policy may be cancelled for nonpayment retroactive to the beginning of the policy inception date. Amount Due By 7/15/2024 $ 703,803.82 HUB International Midwest LTD DBA HUB International Mid -South 1120 Main Street Benton, KY 42025 Return Original with Payment Kentucky League Premium Summary of Cities F.E.I.N. 61-1238903 Make check payable and mail to: Telephone: (800) 876-4552 Kentucky League of Cities Insurance (859) 977-3700 Services P.O. Box 34108 Lexington, KY 40588 Or pay via ACH at klc.org/Signln City Of Paducah P.O. Box 2267 Paducah, KY 42002 Policy Number: P6429-2024-24605 Date: 6/18/2024 Policy Number and Description Amount Policy Period: 7/1/2024-7/1/2025 $ 169,257.51 Policy Number: P5429-2024-24605 A 5% late charge will be assessed on all late payments. Unless payment is received when due, coverage provided by this policy may be cancelled for nonpayment retroactive to the beginning of the policy inception date. Amount Due By 7/15/2024 $ 169,257.51 HUB International Midwest LTD DBA HUB International Mid -South 1120 Main Street Benton, KY 42025 Return Original with Payment Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Approve Contract Modification 91 to BUILD Grant Contract for Professional Services with HDR, Inc. for $40,000 - M. TOWNSEND Category: Municipal Order Staff Work By: Melanie Townsend Presentation By: Melanie Townsend Background Information: Background Information: Summary: Approve Contract Modification for $40,000 for Supplemental Archaeological Surveying and other out -of -scope work items requested since contract approval. Background: In November 2019, the City of Paducah was notified of the award of $10AM from the Better Utilizing Investments to Leverage Development (BUILD) grant program to be administered through the Maritime Administration (MARAD). The City must complete all National Environmental Protection Act (NEPA) regulatory requirements as part of the grant obligation process. In April 2020, the City entered into a professional services contract with BFW to provide Environmental Assessment services per Ordinance 2020- 04-8632 to fulfill the NEPA requirements to obligate the grant money for the City. The grant obligation deadline is September 30, 2022. In September 2021, the City received MARAD approval to begin expending Pre -Incurred grant match funds on design and engineering. Therefore, on October 26, 2021, the Engineering Department received Requests for Qualifications for professional engineering design and construction administration services. HDR and subcontractor BFW submitted the only Statement of Qualifications. The review team reviewed the submission and found it responsive to the Request for Qualifications. On March 23, 2022, the City and HDR, Inc. signed a Professional Services Contract for $2,039,500.00 as approved by Ordinance 2022-23-8725. During the design process, Task 12, "Modern Technology," was not performed, and the lump sum fee of $32,000 will be used to cover work requested that was not in the original scope. As part of the Programmatic Agreement, the City was required to perform Supplemental Archaeological Testing, which cost $40,000. The total cost of work items not in the original scope is $72,000. However, with the $32,000 credit from Task 12, the total Contract Modification cost is $40,000, resulting in a total contract amount of $2,079,500. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Downtown Communications Plan: Work with the Communications Manager to provide public information and updates as the project progresses. Funds Available: Account Name: BUILD grant Account Number: DT0050 Staff Recommendation: Authorize the Mayor to sign Contract Modification 91 with HDR, Inc. for $40,000 in Engineering Design and Construction Administration services for the BUILD FY2019 grant, for a total contract amount of $2,079,500.00. Attachments: 1. MO BUILD Grant HDR Contract Modification No 1 2. HDR—BUILD _EngDesConst CM 1—request MUNICIPAL ORDER NO. A MUNICIPAL ORDER ADOPTING CONTRACT MODIFICATION NO. 1 TO THE CONTRACT WITH HDR, INC., FOR PROFESSIONAL ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION, IN AN AMOUNT OF $40,000 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT MODIFICATION AND ALL OTHER DOCUMENTS RELATED TO SAME WHEREAS, by Ordinance Number 2020-04-8632, the City of Paducah entered into a professional services contract with BFW to provide Environmental Assessment services to fulfill the NEPA requirements; and WHEREAS, by Ordinance Number 2022-23-8725, the City of Paducah authorized an Agreement with HDR, INC. and subcontractor BFW to provide professional engineering design and construction administration services; and WHEREAS, during the design process, Task 12, "Modern Technology" was not performed and the lump sum fee of $32,000 will be used to cover the work requested that was not in the original scope; and WHEREAS, the City requested Supplemental Archaeological Surveying and other out -of -scope work required by MARAD, this additional work resulted in additional costs of $72,000; however, $32,000 credit from Task 12, as part of the Programmatic Agreement brings the total to $40,000. The total cost of the contract is now $2,079,500. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission hereby approves Contract Modification No. 1 to the Agreement with HDR, Inc., in the amount of $40,000. This expenditure shall be charged to Project Account No. DT0050. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, mo\contract modification 1 BUILD Grant — HDR, Inc. F)R hdrinc.com June 4, 2024 City of Paducah Attn: Melanie Townsend, Project Manager 300 South 5th Street Paducah KY 42002 RE: Paducah Riverfront Infrastructure Improvement Project (10341124) Contract Modification for engineering and related services. Dear Melanie, The HDR team continues to push toward construction of the Paducah Riverfront project. To that end, we have developed a cost estimate and contract modification to satisfy the latest shovel testing requirements from regulatory agencies. This contract modification will also update the current fee based on the new work requested by the City, plus identify out of scope items we have accumulated to date and reconcile that in Contract Modification 1 (CM -1). This submittal includes our understanding of the request for additional work by the City, the proposed scope of services, assumptions and clarifications, and our estimated fee and schedule. The following is a listing of the out -of -scope items not included in the original scope: 1. Shovel testing to satisfy regulatory requirements with MARAD and the Osage Nation. Attachment A (Cost Estimate, Scope of Work and Deliverables) for the shovel testing effort, primarily performed by our subconsultant BFW (primary purpose of 32 sampling areas is to satisfy requirements in the Programmatic Agreement). 2. HDR's effort to manage the current shovel testing scope of work, to attend the regulatory agencies and City meetings on this subject, coordinate field and engineering efforts, update the design plans as required, and assist with the deliverables to the regulatory agencies. 3. Three commissioner workshops at the 30% design milestone. 4. Two complete sets of comments from the City at the 30% design milestone, requiring significant plan modifications and major design changes (original scope included one only). 5. Preparation of an Opinion of Probable Construction Cost near the 45% design milestone (original scope included OPCC at 30%, 60%, 90% and 100%). 6. Creation of a white paper regarding anticipated construction cost overruns for discussion with state legislators. 7. Request to change from Specs -Intact to KYTC Specifications which required a complete rework of the specifications package. 8. Two additional requests for 60% design concept drawings (original scope included one only). 9. Three commissioner workshops at the 60% milestone. 10. Two additional change requests on the pile anchors, floating fender configuration, and pier development at the 60% milestone (original scope included one only). 4645 Village Square Drive, Suite F I Paducah KY 42001 T 270.444.9691 11. Paver drawing development for SHPO. 12. Three major design change requests for the guardrail / handrail along the pier (original scope included one only). The out -of -scope work listed above yields a fee of $72,000. As part of this Contract Modification 1 (CM -1), HDR also has a task in the original scope which was not performed, and therefore can be used as a credit toward the out of scope work. The task that was not performed was titled "Task 012 Modern Technology" with a lump sum fee of $32,000. As a reminder, it became apparent early in the design development that the project construction budget would exceed the available grant funding. So as a cost reducing measure, the City chose to not include the development of the Modern Technology and requested this task be eliminated from our scope. We are now requesting that this $32,000 in savings be used to help offset some of the costs of the out -of -scope items. This effectively remedies the request for CM -1 to a total of $40,000 which is the fee for BFW to complete their portion of the shovel testing and reporting. The HDR team sincerely appreciates the opportunity to continue forward with this flagship project for the City of Paducah. Please contact us at your convenience to discuss these updates. Sincerely, HDR Engineering, Inc. Kyle G i , PE Vice President/Area Manager kyle.guthrieO-hdrinc.com Attachment A: BFW Cost Proposal with SOW and Deliverables d" itel C ino Paducah Office Principal sheryl.chinoO-hdrinc.com ATTACHMENT A BFW May 8, 2024 Mr. Shannon Provance HDR 4645 Village Square Drive Suite F Paducah, Kentucky 42001 BACON I FARMER I WORKMAN ENGINEERING & TESTING, INC. 500 SOUTH 17TH STREET I PADUCAH, KY 42003 RE: City of Paducah Riverfront Improvement Project — Shovel Testing Plan Mr. Provance: Bacon Farmer Workman Engineering & Testing, Inc. (BFW) is pleased to provide a proposal for the shovel testing plan in reference to the City of Paducah's Riverfront Improvement Project. It is our understanding that thirty-two (32) sampling areas have been identified based on the Paducah Riverfront Shovel Test Map attached to this letter. The sampling areas have been approved by all signatory parties presented in the Programmatic Agreement for this project. Sampling will be conducted in the proposed areas using the auger method of drilling, where holes will be drilled a minimum of 50 centimeters. The sampling effort includes drilling operations, oversight and reporting of BFW's archeologist, and time for management of the effort. The following breakdown identifies the categories of costs associated: Drilling and Sampling Collection - $33,000.00 • Auguring and coring will occur in accordance with approved maps and deliverables associated with the sampling plan. Archaeologist Oversight and Reporting - $7,000.00 • BFW's archeologist will provide on-site supervision of drilling operations and provide a report of findings for the Programmatic Agreement parties. BFW proposes to perform the above defined scope of work for a cost of $40,000.00. Substantial deviation from these bases could result in additional incurred costs. This proposal is based on a lump -sum cost for the services listed in scope. Additional scope items and reimbursable expenses such as permit fees, mailing expenses, etc. will be billed at BFW hourly rate schedule, incurred expenses or agreed to negotiated lump sum. If you agree with these costs, please return the executed contract for BFW's authorization to proceed. We look forward to working with you in the future and should you have any questions or need further information, please contact our office at (270) 443-1995. Sincerely, Bacon Farmer Workman Engineering & Testing, Inc. Maegan Mansfield, P.E. Project Manager IM i�l Gs>� a �i 1 O j C V 0 LU Q r 0 fu t fC ,N N r' if,•. a 3 1 1C Y 0 O 7a 0 I U ° a M N o A a r N "O c "a o • _. 0 Cj Z5 7A fa i 0 > 2 t ♦ '' �, O m .S C •p ' c T s ._ O 7N c E IM i�l Gs>� a �i 1 O V 0 V � 0 fu t fC ,N N r' if,•. a 3 O E N c O 7a z A a v, O- L O N "O c "a r l `.ter 0 W 0 O O w- �y,• 4,� ry O r O � o O O o O O O oM c u` O U w`4. f.•.. 'i O O O 1 O O a U Y a � Z t O 3~ w w w a z o0 Z 01 fa �4= 1 N Qj O N -0 t fC ,N N r' if,•. a 3 O E N c O 7a — v, O- L O fc � '� N N � "O c "a 0 Cj Z5 7A O N�-0 ♦ '' vO > O m .S C •p ' c T s s O 7N c E O m 3 Z5 O O fc fc 0O c v j O v. > O- C c O •rp Qj vi •N- z OC i N- v v2 •vt w•>l.J -0OZv) Z5 fa Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Approve an Interlocal Participation Agreement for Cooperative Purchasing with Buy Board, National Purchasing Cooperative to allow for the purchase of certain services and goods at a cost savings to the City - C. YARBER Category: Municipal Order Staff Work By: Debbie Collins Presentation By: Chris Yarber Background Information: Buy Board, National Purchasing Cooperative, is an administrative agency of cooperating local governments and other governmental entities. KRS allows for local governments to enter into agreements for Cooperative Purchasing with other governmental purchasing units such as Buy Board. These agreements allow for cities to purchase certain goods and services at better rates. In order to be able to purchase cooperatively, the City must enter into an Interlocal Participation Agreement with Buy Board. This agreement is for a term of I year and automatically renews unless terminated by either party. Once executed, the City will be able to purchase from Buy Board agreements with providers who have participated in a sealed bid process in accordance with the Kentucky Model Procurement Code. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: To issue a Municipal Order to approve an Interlocal Agreement for Cooperative Purchasing with Buy Board to allow for the purchase of certain services and goods at cost savings to the City. Attachments: 1. MO Interlocal Agreement - Buy Board 2024 2. BuyBoard National Purchasing Cooperative MUNICIPAL ORDER NO. A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN INTERLOCAL PARTICIPATION AGREEMENT FOR COOPERATIVE PURCHASING WITH BUY BOARD, NATIONAL PURCHASING COOPERATIVE, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME WHEREAS, KRS 45A.295 & KRS 45A.300 allow for Local Governments to enter into cooperative purchasing agreements for the purchase of certain goods and services with an Interlocal Participation Agreement entered into between the participants; and WHEREAS, the City desires to enter into an Interlocal Contract for Cooperative Purchasing with Buy Board for said purpose. NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The City hereby authorizes and approves an Interlocal Contract for Cooperative Purchasing by and between the City of Paducah and Buy Board in substantially the same form attached hereto and made part hereof as Exhibit A. Further, the Mayor of the City is hereby authorized to execute the Interlocal Participation Agreement and all documents relating to same with such changes in the agreements not inconsistent with this Municipal Order and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. SECTION 2. Effective Date. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor Attest: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, June 25, 2024 Recorded by Lindsay Parish, City Clerk, June 25, 2024 \moA Interlocal Cooperative Purchasing — Buy Board EXHIBIT A NATIONAL PURCHASING COOPERATIVE INTERLOCAL PARTICIPATION AGREEMENT P.O. Box 400, Austin, Texas 78767 800.695.2919 • buyboard.aorn This Interlocal Participation Agreement ("Agreement") is made and entered into on the date indicated below by and between the National Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating local governments and other governmental entities, acting on its own behalf and the behalf of all participating governmental entities, and the undersigned governmental entity ("Cooperative Member"). I. RECITALS WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, by certain local governments that entered into an Organizational Interlocal Agreement; and WHEREAS, the purpose of the Cooperative is to facilitate compliance with state procurement requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize potential economies of scale, including administrative cost savings, for Cooperative Members; NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, the undersigned Cooperative Member and the Cooperative agree as follows: II. TERMS AND CONDITIONS 1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal Agreement, as last amended and restated, which agreement is incorporated herein by reference (and is available from the Cooperative upon request). The Organizational Interlocal Agreement establishes the Cooperative as an administrative agency of its collective participants, and Cooperative Member agrees to become a participant or additional party to the Organizational Interlocal Agreement. 2. Term. The initial term of this Agreement shall commence on the date it is executed by both parties and shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. If the Cooperative Member is an existing Cooperative Member that joined the Cooperative by executing a participation agreement which authorized amendment upon the Cooperative providing prior written notice, then this Agreement will be deemed an Amendment by Notice, effective on the 6154 day that the Cooperative Member is sent notice of this Agreement. In addition, this Agreement will continue to automatically renew for successive one-year terms on the anniversary date of the Cooperative Member's initial term (not the effective date of the amendment), unless the Agreement is sooner terminated in accordance with the provisions herein. (Revised by the Cooperative Board of Trustees on August 9, 2(023.) Page I of 7 �r 0 met 1 1 3. Termination. R.O. Box 400, Austin, Texas 78767 800.695.2919 - buyboard.com (a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by 30 days prior written notice to the Cooperative as provided in Article III, Section 14, provided any amounts owed to any vendor have been fully paid. (b) By the Cooperative. The Cooperative may terminate this Agreement by: (1) Giving 10 days notice as provided in Article III, Section 14, to the Cooperative Member if the Cooperative Member breaches this Agreement; or (2) Giving 30 days notice as provided in Article III, Section 14, to the Cooperative Member with or without cause. (c) Termination Procedure. If the Cooperative Member terminates its participation under this Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all of its purchases made from vendors under or through this Agreement. The Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member. In addition, the Cooperative Member agrees it will not be entitled to any distribution which may occur after the Cooperative Member terminates from the Cooperative. 4. Payments by Cooperative Member. The Cooperative Member will make timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the bid invitation, instructions, and all other applicable procurement documents. Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring Cooperative Member shall be the exclusive obligation of the procuring Cooperative Member, and not the Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing ancillary agreements from the vendor on such other terms and conditions, including provisions relating to insurance or bonding, that the Cooperative Member deems necessary or desirable under federal, state or local law, local policy or rule, or within its business judgment. S. Payments by Vendors. The parties agree that the Cooperative will require payment from vendors which are selected to provide goods, materials or services to Cooperative Members. Such payment (hereafter "Vendor Fees") may be up to two percent (2%) of the purchase price paid by Cooperative Members or a flat fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative Member agrees that these Vendor Fees fairly compensate the Cooperative for the services and functions performed under this Agreement and that these Vendor Fees enable the Cooperative to pay the administrative, licensing, marketing, and other expenses involved in successfully operating a program of electronic commerce for the Cooperative Members. Further, Cooperative Member affirmatively disclaims any rights to such Vendor Fees, acknowledging all such fees are the property of the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of Vendor Fees.. (Revised by the Cooperative Board of Trustees on August 9, 2023.) Page 2 of 7 P.D. Box 400, Austin, Texas 78767 800.695.2919 • buyboard.com 6. Distribution. From time to time, and at the sole discretion of the Cooperative Board of Directors, the Cooperative may issue a distribution to Cooperative Members under a plan developed by the Cooperative Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and will depend on the overall financial condition of the Cooperative at the time of the distribution and the purchases made by the Cooperative Member. 7. Administration. The Cooperative may enter into contracts with others, including non-profit associations, for the administration, operation and sponsorship of the purchasing program provided through this Agreement. The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by mail. Cooperative Member will report purchase orders generated under this Agreement to the Cooperative or its designee, in accordance with instructions of the Cooperative. 8. BuyBoard@). Cooperative Member will have a non-exclusive license to use the BuyBoard electronic purchasing application during the term of this Agreement. Cooperative Member acknowledges and agrees that the BuyBoard electronic application and BuyBoard trade name are owned by the Texas Association of School Boards, Inc. ("TASB"), and that neither the Cooperative nor the Cooperative Member has any proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it attempt to modify the BuyBoard programs on the server or acquire the programming code. The Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any component of the application. The Cooperative Member will use BuyBoard in accordance with instructions from the Cooperative (or its designee) and will discontinue use upon termination of participation in the Cooperative. The Cooperative Member will maintain equipment, software and conduct testing to operate the BuyBoard system at its own expense. 1.1.1 l el DWI a1;7"" IT91"► R3 C13W 1. Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is sent to the Cooperative Member at least 60 days prior to the effective date of any change described in such amendment and provided that the Cooperative Member does not terminate its participation in the Cooperative before the expiration of said 60 days. 2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member represents that its governing body has duly authorized its participation in the Cooperative and that the Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of goods and services through its membership in the Cooperative. 3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all written policies and procedures established by the Cooperative that apply to Cooperative Members. The Cooperative shall provide written notice to the Cooperative Member of any amendment to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to be binding on and applicable to the Cooperative Member. In addition to any other notice method specified in this Agreement, notice under this Section may be satisfied by posting of the applicable bylaws, (Revised by the Cooperative ,Board of Trustees on August 9, 2023.) Page 3 of 7 P.O. Box 400, Austin, Texas 78767 800.695.2919 . buyboard.com policy, or procedure on the Cooperative's website or BuyBoard application landing page for Cooperative Members. 4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves the right to review and audit the relevant and available records of any Cooperative Member. Any breach of this provision shall be considered material and shall make the Agreement subject to termination on 10 days written notice to the Cooperative Member. 5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative. 6. Current Revenue. The Cooperative Member hereby represents that all payments, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to handle the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative (as an entity) in any litigation, claim or dispute which arises from the services provided by the Cooperative. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement and pertaining to the collective or predominant interest of Cooperative Members. Nothing herein grants the Cooperative any rights to file, defend, or settle any claim on behalf of the Cooperative Member in its individual capacity. 8. Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the Bylaws. 9. Legal Authority. The Cooperative Member represents to the Cooperative the following; a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized by the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative purchasing, and specifically, the National Purchasing Cooperative. b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow this Agreement to automatically renew without subsequent action of its governing body. c) Purchases made under this Agreement will satisfy all procedural procurement requirements that the Cooperative Member must meet under all applicable local policy, regulation, or state law. (Revised by tine Cooperative Board of Trustees on .August 9, 2023.) Page 4 of 7 P.O. Box 400, Austin, Texas 78767 800.695.2919 . buyboard.com d) All requirements—local or state–for a third party to approve, record or authorize the Agreement have been met. 10. Disclaimer. THE COOPERATIVE, ITS ENDORSERS, SPONSORS, AND SERVICING CONTRACTORS, WHETHER CURRENT OR FORMER AND INCLUDING TASB, ("COOPERATIVE AND ASSOCIATES") DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE COOPERATIVE AND ASSOCIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. Limitation of Liability. To the extent permitted by law and without waiver of the disclaimer or other limitation of liability in this Agreement, the parties agree that: a) Neither party waives any immunity from liability afforded under law; b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither party shall be liable to the other under any circumstance for special, incidental, consequential, or exemplary damages; c) The maximum amount of damages recoverable will be limited to the amount of fees which the Cooperative received as a direct result of the Cooperative Member's purchase activity, within 12 months of when the lawsuit or action was filed; and d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover reasonable attorney's fees. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree to limit the liability of Cooperative and Associates up to the maximum amount each received from or through the Cooperative, as a direct result of the undersigned Cooperative Member's purchase activity, within 12 months of the filing of any lawsuit or action. 12. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. 13. Merger/Entirety. This Agreement, together with the Cooperative's Bylaws and Organizational Interlocal Agreement, as amended and restated, represents the complete understanding of the Cooperative and Cooperative Member. To the extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms of this Agreement shall control and take precedence over all prior participation agreements. 14. Notice. Any written notice to the Cooperative may be given by email to BuyBoard Administrator at membership@buyboard.com; by U.S. mail, postage prepaid, and delivered to the National Purchasing Cooperative, P.O. Box 400, Austin, Texas 78767-0400; by overnight courier or hand delivery to National Purchasing Cooperative, 12007 Research Blvd., Austin, Texas 78759; or by other mode of delivery typically (Revised by the Cooperative Board of Trustees on August 9, 2023.) Page 5 of 7 M U YN i 1 1 10 0 P.O. Box 400, Austin, Texas 78767 800.695.2979 • huyboard.com used in commerce and accessible to the intended recipient. Notices to Cooperative Member may be given by email to the Cooperative Member's Coordinator or other email address of record provided by the Cooperative Member; by U.S. mail, postage prepaid, and delivered to the Cooperative Member's Coordinator or chief executive officer (e.g., superintendent, city manager, county judge or mayor); or by other mode of delivery typically used in commerce and accessible to the intended recipient. 15. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect. 16. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to the other party will not affect the validity, enforceability or binding effect of this Agreement because either party may rely upon an electronic or facsimile signature as if it were an original, including any Cooperative Member signature executed by click and accept or similar electronic signature and acceptance. Furthermore, this Agreement may be executed in several separate counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 17. Authority. By the execution and delivery of this Agreement, the undersigned individual represents that the individual is duly authorized by all requisite administrative action required to enter into and bind the entity that is a party to this Agreement. [Signature page follows.] (Revised by the Cooperative Board of Trustees on August 9, 2023.) Page 6 of 7 B �� , � P.D. Bax 40D, Austin, Texas 78767 8170.695.2919 • buyboard.cam WHEREFORE, the parties, acting through their duly authorized representatives, accept this Agreement. NATIONAL PURCHASING COOPERATIVE: .A Dan Troxell, Ph.D. .Assistant Secretary Date: COOPERATIVE MEMBER: [Signature required unless accepted as an Amendment by Notice as described in the Agreement.] (Government Entity Name) UZ Date: Signature of authorized representative of Cooperative Member Printed fame and title of authafized representative Coordinator for the Cooperative Member is: Name Title lrae) IJ Mailing Address Pad-t'-CcLh City State zip Code ,::270- V&-'qE /I Telephone Fax Email {Revised by the Cooperative Board of Trustees on August 9, 2023,} Page 7 of 7 Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Authorize the Acceptance of a 2024 Kentucky 911 Services Board Grant in the Amount of $99,653 - B. LAIRD Category: Municipal Order Staff Work By: Anthony Copeland, Ariana Kitty, Hope Reasons Presentation By: Brian Laird Background Information: The 911 Services Board Grant Program was created in 2006 to help Public Safety Answering Points (PSAP) acquire E911 equipment, and is now focused on supporting the Next Gen 911 Road Map and enhanced NG911 Mapping Guide standards. One of the basic components of the NG911 Road Map is the capture of text, photo, and video data. The Paducah Police Department requested $99,653 for data capture/recording hardware and software that will work in conjunction with the new radio system upgrade. The Commission approved the application for this grant with MO 2869 on March 26, 2024. The grant requires a 10% match in the amount of $11,072 for a total project cost of $110,725. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: 911 Radio Upgrades Communications Plan: Funds Available: Account Name: Computer Software Maintenance Account Number: 20004001 522020 Staff Recommendation: Authorize the acceptance of the 911 Services Board Grant and the Mayor to sign all documentation related to same. Attachments: MO accept - 911 Services Board Grant 2024 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE GRANT FUNDS THROUGH THE 911 SERVICES BOARD GRANT PROGRAM IN THE AMOUNT OF $99,653 FOR THE PURCHASE OF DATA CAPTURE/RECORDING HARDWARE AND SOFTWARE FOR THE PADUCAH POLICE DEPARTMENT WHEREAS, on March 26, 2024, the Board of Commissioners approved Municipal Order No. 2869, which authorized the submission of a 2024 Kentucky 911 Services Board Grant, which has now been awarded to the City of Paducah; and WHEREAS, the City has been notified of a total award of $99,653, which requires a 10% match in the amount of $11,072 (for a total project cost of $110,725); and KENTUCKY: WHEREAS, the City of Paducah now wishes to accept all awarded grant funds. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of $99,653 through the 911 Services Board Grant Program to purchase capture/recording hardware and software for the Paducah Police Department that will work in conjunction with the new radio system upgrade. SECTION 2. That the Mayor is hereby authorized to execute the grant agreement and all documents related to same, as authorized in Section 1, above. SECTION 3. The 10% match in the amount of $11,072 shall be paid from Computer Software Maintenance Account Number 20004001 522020. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, June 25, 2024 Recorded by Claudia Meeks, Assistant City Clerk, June 25, 2024 \moAgrants\accept-911 Services Board Grant Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Authorize the Acceptance of a State and Local Cybersecurity Security Grant in the Amount of $50,000 - E.STUBER Category: Municipal Order Staff Work By: Eric Stuber, Hope Reasons Presentation By: Eric Stuber Background Information: The FY 2023 State and Local Cybersecurity Grant Program (SLGCP) addresses the 2020-2024 DHS Strategic Plan by helping DHS achieve Goal 3: Secure Cyberspace and Critical Infrastructure. This includes assessing and countering evolving cybersecurity risks. Additionally, the FY 2023 SLCGP supports the 2022-2026 FEMA Strategic Plan, which outlines a bold vision with three ambitious goals, including Promote and Sustain a Ready FEMA and Prepared Nation. The FY 2023 SLCGP also aligns with the Cybersecurity and Infrastructure Security Agency's (CISA) 2023-2025 Strategic Plan, which encompasses Goal l: Cyber Defense, Goal 2: Risk Reduction and Resilience and Goal 3: Operational Collaboration. The City of Paducah Technology Department requested $40,000 to conduct internal and external cybersecurity vulnerability assessments. Initially, the grant required a 20% match of $10,000 for a total project cost of $50,000. However, since the application was submitted, the match requirement has been waived and the City is being awarded the full amount of $50,000. Matching funds are no longer required. The Board of Commissioners approved the application for this grant with MO 2783 on September 5, 2023. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the acceptance of the State and Local Cybersecurity Grant and the Mayor to sign all documentation related to same. Attachments: MO accept - Cybersecuity Grant MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE GRANT FUNDS THROUGH THE STATE AND LOCAL CYBERSECURITY SECURITY GRANT (SLGCP) IN THE AMOUNT OF $50,000 TO CONDUCT INTERNAL AND EXTERNAL CYBERSECURITY VULNERABILITY ASSESSMENTS. WHEREAS, on September 5, 2023, the Board of Commissioners approved Municipal Order No. 2783, which authorized the submission of an application for a FY2023 State and Local Cybersecurity Grant, which has now been awarded to the City of Paducah; and WHEREAS, the City requested a $40,000 grant, which required a 20% match for a total project cost of $50,000; however, since the application was submitted, the match requirement has been waived and the City is being awarded the full amount of $50,000 and matching funds are no longer being required; and KENTUCKY: WHEREAS, the City of Paducah now wishes to accept all awarded grant funds. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of $50,000 through the State and Local Cybersecurity Grant Program (SLGCP) to conduct internal and external cybersecurity vulnerability assessments. SECTION 2. That the Mayor is hereby authorized to execute the grant agreement and all documents related to same, as authorized in Section 1, above. SECTION 3. No match is required for this grant. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, June 25, 2024 Recorded by Claudia Meeks, Assistant City Clerk, June 25, 2024 \moAgrants\accept — SLGCP Grant - Cybersecurity Agenda Action Form Paducah City Commission Short Title: City of Paducah Title VI Program Plan Adoption - S. WILCOX Category: Municipal Order Meeting Date: June 25, 2024 Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox Background Information: The City of Paducah (City), as a federal grant recipient, is required by the Federal Transit Administration (FTA) to conform to Title VI of the Civil Rights Act of 1964 and its amendments. Section 601 of Title VI of the Civil Rights Act of 1964 requires that "No person in the United States, on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination, under any program or activity receiving Federal financial assistance." Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. The City is committed to enforcing the provisions of Title VI and protecting the rights and opportunities of all persons associated with the agency. The city's commitment includes following all applicable laws and regulations that affect the region and those organizations, both public and private, which participate and benefit through our programs. The City will take positive and realistic affirmative steps to ensure that all persons and/or firms wishing to participate in its programs are given an equal and equitable chance to participate. Along with the Title VI Program, a Disability Nondiscrimination Policy and an accommodation request process will be created as well. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve and implement the City of Paducah Title VI Program Plan effective July 1, 2024, with the Disability Nondiscrimination Policy. Attachments: 1. MO Title VI Program Plan FY25 2. FINAL COP Title VI Plan FY25 MUNICIPAL ORDER NO. A MUNICIPAL ORDER ADOPTING THE TITLE VI PROGRAM PLAN FOR THE CITY OF PADUCAH FOR JULY 1, 2024 THROUGH JUNE 30, 2025 WHEREAS, the City of Paducah (City), as a federal grant recipient, is required by the Federal Transit Administration (FTA) to conform to Title VI of the Civil Rights Act of 1964 and its amendments; and WHEREAS, the City is committed to enforcing the provisions of Title VI and protecting the rights and opportunities of all persons associated with the agency; and WHEREAS, the City now wishes to approve and implement the City of Paducah Title VI Program Plan. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby approves and implements the City of Paducah Title VI Program Plan, which shall be effective July 1, 2024, through June 30, 2025. SECTION 2. That the Mayor is hereby authorized to execute all documents necessary as authorized in Section 1, above. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, June 25, 2024 Recorded by Claudia Meeks, Assistant City Clerk, June 25, 2024 \moATitle VI Program Plan FY25 PAD CAH TITLE VI PROGRAM PLAN City of Paducah July 1, 2024 —June 30, 2025 Daron Jordan, City Manager Stefanie Wilcox, Human Resources Director & Title VI Coordinator TABLE OF CONTENTS I. Glossary/Definitions....................................................................................3 II. Overview.....................................................................................................8 a. Policy Statement....................................................................................9 III. General Reporting......................................................................................13 a. Organizational Chart ............................................................................18 IV. Statement of Assurances............................................................................20 V. Program Review Procedures.....................................................................23 a. Special Emphasis Program Areas........................................................23 b. Sub -Recipient Review Procedures......................................................24 VI. Programs or Activities Subject to Title VI................................................25 VII. Compliance................................................................................................27 VIII. Environmental Justice................................................................................28 IX. Training.....................................................................................................29 X. Data Collection/Reporting Analysis..........................................................30 XI. Complaint Procedure................................................................................. 31 a. CITY Title VI Investigations, Complaints and Lawsuits ....................34 XII. Public Participation Plan...........................................................................35 XIII. Language Access Plan............................................................................... 39 XIV. Minority Representation............................................................................46 XV. Demographics of CITY............................................................................47 XVI. Review of STA Directives.........................................................................49 XVII. Compliance/Noncompliance.....................................................................50 XVIII. Appendices................................................................................................51 XIX. Board Policy Approval..............................................................................61 2 I. GLOSSARY/DEFINITIONS Affirmative Action: a good -faith effort to eliminate past and present discrimination in all federally assisted programs and to ensure future nondiscriminatory practices. African American (Black): A person having origins in any of the black racial groups of Africa. American Indian or Alaska Native: a person having origins in any of the original peoples of North and South America (including Central America) who maintains cultural identification through tribal affiliation or community attachment. Applicant: an eligible public entity or organization that submits an application for financial assistance under a program administered on behalf of the State. Asian: a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam. Assurance: a written "policy statement" or "contractual agreement" signed by the agency head in which a recipient agrees to administer federally assisted programs in accordance with civil rights laws and regulations. Beneficiary: any person or group of people (other than states) entitled to receive benefits, directly or indirectly, from any federally assisted program (i.e., relocated persons, impacted citizens, communities, etc.). CITY: shall refer to the City of Paducah, a home rule city of the Commonwealth of Kentucky. City Manager: The City of Paducah City Manager is responsible for Title VI activities in accordance with KYTC policies and directives as well as state/federal statute/law and state/federal administrative regulations and have the authority to appoint Title VI Designee(s) for the City. Complaint: a verbal or written allegation of discrimination that indicates that a federally assisted program is operated in such a manner that it results in disparity of treatment to persons or groups of persons because of race, color or national origin. Compliance: a satisfactory condition wherein an applicant, recipient, or sub recipient has effectively implemented all of the Title VI requirements or can demonstrate that every good -faith effort toward achieving this end has been made. Contract: a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services, including construction, and obligating the buyer to pay for them. Throughout this document, a lease is considered a contract. Contractor: any person, corporation, partnership, organization, or incorporated association that participates, through a contract or subcontract, in any program or activity covered by this plan including lessees. Discrimination: involves any act or inaction, whether intentional or unintentional in any program or activity of a federal aid recipient, sub recipient, or contractor, which results in disparate treatment, disparate impact, or perpetuating the effects of prior discrimination based on race, color, sex, national origin, age, disability or in the case of disability, failing to make a reasonable accommodation. Division: one of the administrative subdivisions of an office of the Kentucky Transportation Cabinet. The term district should be considered equivalent to division as an administrative subdivision of an office of the KYTC. Federal Assistance: • Grants and loans of federal funds • The grant or donation of federal property and interests in property • The detail of federal personnel • The sale and lease of, and the permission to use (on other than a casual or transient basis), federal property or any interest in such property without • Consideration or with nominal consideration, or with consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient • Any federal agreement, arrangement, or other contract that has, as one of its purposes, the provision of assistance Federal Highway Administration or FHWA: agency within the U.S. Department of Transportation that supports State and local governments in the design, construction and maintenance of the Nation's highway system (Federal Aid Highway Program) and various federally and tribal owned lands (Federal Lands Highway Program). Grantee: any public or private agency, institution or organization to whom federal financial assistance is intended for any program. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American or other Spanish culture or origin, regardless of race. Interpretation: The process of listening to something in one language and orally interpreting it in another. The mix of LEP services under the Oral Languages Services is as follows: • Hiring bilingual staff • Hiring staff interpreters • Using telephone interpreter lines • Using community volunteers • Use of family members, friends, and other customers/passengers as interpreters 4 Kentucky Transportation Cabinet or KYTC: the agency of Kentucky charged by its laws with the responsibility for all modes of transportation. Limited English Proficiency or LEP: Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write or understand English can be limited English proficient. Metropolitan Planning Organization or MPO: policy board of an organization created and designated to carry out the metropolitan transportation planning process. MPOs are required to represent localities in all Urbanized Areas (UZA) of populations over 50,000, as determined by the US Census. MPOs are designated by agreement between the Governor and units of general- purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city, based on population, as named by the Bureau of the Census) or in accordance with procedures established by applicable State or local law. When submitting the transportation improvement program (described below), to the State for inclusion in the statewide program, MPOs self -certify that they have met all federal requirements. Minority: A person or groups of persons differing from others in some characteristics who may be subjected to differential treatment based on race, color or national origin. Includes African Americans, Hispanics or Latinos, American Indian or Alaska Native, Asians and Native Hawaiian or Other Pacific Islander. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. Non-compliance: the condition wherein a recipient has failed to meet prescribed requirements and has shown a lack of good -faith effort in implementing all of the Title VI requirements. Non -minority or non -minority group people: Caucasians Persons: Where designation of persons by race, color or national origin is required, the following designations ordinarily may be used: "White not of Hispanic origin," "Black not of Hispanic origin," "Hispanic," "Asian or Pacific Islander," "American Indian or Alaskan Native." Additional subcategories based on national origin or primary language spoken may be used, where appropriate, on either a national or a regional basis. Primary recipient: KYTC or any department, division, or agency authorized to request federal assistance on behalf of sub -recipients and to distribute financial assistance to sub -recipient's contracts for carrying out a program. Program: includes any highway, project, or activity that provides services, financial aid or other benefits to individuals, including education or training, work opportunities, health, welfare, rehabilitation, housing or other services, whether provided directly by the recipient of federal financial assistance or provided by others through contracts or other arrangements with the recipient (i.e. Planning, Environment, Design, Right -of -Way, Construction, Safety, & Research). Program area officials: the officials who are responsible for carrying out technical program responsibilities. Public participation: an open process in which the rights of the community to be informed to provide comments to the Government and to receive a response from the Government are met through a full opportunity to be involved and to express needs and goals. Recipient: Kentucky or any political subdivision or instrumentality thereof or any public or private agency, institution, or organization or other entity; or any individual in Kentucky to whom federal assistance is extended, either directly or through another recipient, for any program. Recipient includes any successor, assignee, or transferee thereof. The term "recipient" does not include any ultimate beneficiary under any such program. Examples of recipients include MPOs, Council of Governments (COG), towns, cities, counties, school districts or any sub recipient. Secretary: The chief administrative officer of the Kentucky Transportation Cabinet or KYTC. Statewide Transportation Improvement Program or STIP: statewide transportation improvement program (STIP) for all areas of the State covering a period of at least four years. The STIP is a staged, multi-year, statewide intermodal program of transportation projects, consistent with the statewide transportation plan and planning processes as well as metropolitan plans, transportation improvement programs (TIP), and planning processes. The STIP must be developed in cooperation with the metropolitan planning organizations (MPO), public transit providers, and any Regional Transportation Planning Organizations (RTPO) in the State and must be compatible with the TIPS for the metropolitan areas in the State. Statewide Transportation Plan or STP: a long-range transportation plan that provides for the development and implementation of the multimodal transportation system (including transit, highway, bicycle, pedestrian and accessible transportation) for the State. This plan must identify how the transportation system will meet the State's economic, transportation, development and sustainability goals for at least a 20 -year planning horizon. Sub grantee: Any public or private agency, institution, or organization to whom federal financial assistance is intended (through another recipient) for any program. Title VI Officer, Coordinator or Liaison: refers to the responsible City official in matters relating to Title VL The Title VI Officer, Coordinator or Liaison reports to and assists the City Manager of the City in carrying out the required Title VI responsibilities. Title VI Program: the system of requirements developed to implement Title VI of the Civil Rights Act of 1964. When appropriate, the phrase "Title VI Program" also refers to the civil rights provisions of other federal non-discrimination authorities to the extent that they prohibit discrimination on the grounds of race, color, national origin, sex, age and disability, including income level and Limited English Proficiency in programs or activities receiving federal financial assistance. Translation: Translation is the replacement of a written text from one language into an equivalent written text in another language. 0 Transportation Improvement Programs or TIP: plan developed by Metropolitan Planning Organization cooperation with the State and public transit providers detailing a list of upcoming transportation projects, covering a period of at least four years. It should include capital and non - capital surface transportation projects, bicycle and pedestrian facilities and other transportation enhancements, Federal Lands Highway projects and safety projects included in the State's Strategic Highway Safety Plan. The TIP should include all regionally significant projects receiving FHWA or FTA funds, or for which FHWA or FTA approval is required. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. II. OVERVIEW Title VI of the Civil Rights Act of 1964 is a non-discrimination statute. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance" (42 U.S.C. Section 2000d). Each federal department and agency, which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, federal personnel or any federal agreement contract is authorized and directed to make the provisions of Section 2000d of this title. The City of Paducah Board of Commissioners is the governing body of the City. As a recipient of federal funds through grant program(s), the City is subject to Title VI of the Civil Rights Act of 1964. The City works to ensure that nondiscriminatory services are offered throughout the region thereby enhancing both the quality of life and the economic vitality. Non -Discrimination Authorities • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) • Section 162 (a) of the Federal Aid Highway Act of 1973 (23 USC 324) • Age Discrimination Act of 1975 • Section 504 of the Rehabilitation Act of 1973 • Americans With Disabilities Act of 1990 • Civil Rights Restoration Act of 1987 • 49 CFR Part 21 • 23 CFR Part 200 • U.S. DOT Order 1050.2 • Executive Order #12898 (Environmental Justice) • Executive Order 913166 (Limited -English -Proficiency) 8 PADUCAH Be the Best City of Paducah 300 South 51" Street Paducah, KY 42003 (270) 444-8550 Fax: (270) 444-8515 www.paducahky.gov The City of Paducah TITLE VI "STATEMENT OF POLICY" The City of Paducah (CITY) is committed to a policy of non-discriminationin the conduct of its business, including its Title VI responsibilities — delivery of equitable and accessible transportation services. CITY recognizes its responsibilities to the communities in which it operates and to the society it serves. It is CITY's policy to utilize to its best efforts to assure their "Statement of Policy" is accomplished. Statement of Policy, CITY as a federal grant recipient, is required by the Federal Transit Administration (FTA) to conform to Title VI of the Civil Rights Act of 1964 and its amendments. Section 601 of Title VI of the Civil Rights Act of 1964 requires that "No person in the United States, on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination, under any program or activity receiving Federal financial assistance." Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. CITY is committed to enforcing the provisions of Title VI and protecting the rights and opportunities of all persons associated with the agency. CITY's commitment includes following all applicable laws and regulations that affect the Region and those organizations, both public and private, which participate and benefit through our programs. CITY will take positive and realistic affirmative steps to ensure that all persons and/or firms wishing to participate in its programs are given an equal and equitable chance to participate. CITY's sub -recipients and contractors are required to prevent discrimination and ensure nondiscrimination in all of their programs, activities and services. CITY is responsible for providing leadership, direction and policy to ensure compliance with Title 9 VI of the 1964 Civil Rights Act in respect to its transit services. Any person(s) who feels that they have been discriminated against is encouraged to report such violations in writing to the local transit authority's office: CITY's objective is to: A. Encourage local transit agencies to provide that the level and quality of public transportation service is provided in a nondiscriminatory manner; B. Promote full and fair participation in public transportation decision-making without regard to race, color, or national origin; C. Make efforts to provide meaningful access to programs and activities by persons with limited English proficiency; D. Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations; E. Work to prevent the denial, reduction, or delay in benefits related to programs and activities that benefit minority populations or low-income populations and to notify beneficiaries of protections available under Title VI; F. Adhere to the Title VI reporting requirements of the Federal Transit Administration through the annual Certification and Assurance module in TEAM and provide written Title VI policy documentation every three years as required in as required in FTA circular 4702.1 A; G. Provide public notification of Title VI protections in all public places were CITY conducts business or operations. The responsibility for carrying out CITY's commitment to this program has been delegated by the City Manager to Stefanie Wilcox, a Title VI Compliance Officer who will receive and investigate Title VI complaints which come through the complaint procedure. However, all managers, supervisors and employees share in the responsibility for making CITY's Title VI Program a success. Additional information concerning CITY's obligations and the complaint procedure can be found on the CITY's web site www.paducahky.gov or by calling 270-444-8800. 10 PADUCAH Be the Best City of Paducah 300 South 51" Street Paducah, KY 42003 (270) 444-8800 Fax: (270) 444-8515 www.paducahky.gov City of Paducah Title VI Policy Statement It is the policy of the City of Paducah (CITY) to afford equal opportunity to all persons to the end that no person in the United States shall, on the grounds of race, color, sex, disability, age or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance from the U.S. Government. Program and activities to which this policy applies include, but are not limited to, the use of grants in connection with federal -aid highway systems, the Surface Transportation and Reauthorization & Reform Act of 2015, the Highway Safety Act of 1966 and the National Traffic and Motor Vehicle and Safety Act of 1966, leases of real property and the grant of permits, licenses, easements and rights of way covering real property, Urban Mass Transportation Research Programs, and other grants for the support of basic scientific research. This policy shall be prominently posted in all personnel office, EEO offices, and on the CITY's internal website. Signed and approved this day of April 2024. Daron Jordan City Manager 11 12 III. GENERAL REPORTING TITLE VI NOTICE TO THE PUBLIC See next page for the notice that is posted in all CITY administrative reception areas and transfer centers. The text is printed on all route and schedule guides and is stated on the CITY website. 13 PADUCAH Be the Best City of Paducah 300 South 5th Street Paducah, KY 42003 (270) 444-8550 Fax: (270) 444-8515 www.paducahky.gov Notifying the Public of Rights Under Title VI City of Paducah (CITY) The CITY operates its programs without regard to race, color and national origin in accordance with the Title VI of the Civil Rights Act. Any person who believes she or he has been subjected to discrimination prohibited under Title VI may file a complaint with CITY. To request or receive additional information on CITY's civil rights program and the procedures and/or to file a complaint, please contact the person listed below: Stefanie Wilcox, Title VI Coordinator City of Paducah 300 South 5th Street Paducah, Kentucky 42003 Telephone: 270-444-8540 TTY 800-648-6056 Email Address: swilcoxkpaducah ov Visit website: www.paducahkygov To file a discrimination complaint, the written complaint must be filed to the address above within 180 days of the alleged discrimination. Written complaints may also be filed with the U.S. Department of Transportation/Federal Transit Administration (FTA) no later than 180 days after the date of the alleged discrimination, unless the time for filing is extended by FTA. Attention: Title VI Program Coordinator, East Building, 5`h Floor -TCR, 1200 New Jersey Ave., SE Washington, DC 20590. Written complaints may also be filed with the KYTC Office of Transportation Delivery Project Manager or Title VI Coordinator, Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, KY 40622. To accommodate limited English proficient individuals, oral complaints to be documented and/or translated may also be given at the above address. If information is needed in another language, contact CITY at 270-444-8540. 14 15 III PADUCAH 8e rhe Sest City of Paducah 300 South S" Street Paducah, KY 42003 (270) 444-8550 Fax: (270) 444-8515 www.paducahky.gov Notification al publico de los derechos baj o el Titulo VI City of Paducah (CITY) CITY opera sus programas sin tener en cuenta la raza, el color y origen national de acuerdo con el Titulo VI de la Ley de Derechos Civiles. Cualquier persona que crea que ella o 61 ha sido agraviada por cualquier practica discriminatoria illegal bajo el Titulo VI puede presenter una queja ante CITY. Para mas informaci6n sobre el programa de derechos civiles de CITY y los procedimientos para presentar una quej a, comuniquese con el CITY a: Stefanie Wilcox, Coordinador Titulo VI Ciudad de Paducah 300 Calle Quinta Sur Paducah, Kentucky 42003 Tel&fono: 270-247-7171 TTY 800-648-6056 Direcci6n de correo electr6nico: swilcox@paducahky.gov Visite el sitio web: www.paducahky.gov Para presentar una queja por discriminaci6n, la queja por escrito debe presentarse a la direcci6n antes mencionada dentro de los 180 dias de la supuesta discriminaci6n. Las quejas por escrito tambi&n se pueden presentar ante el Departamento de Transporte de los EE. UU. / Administraci6n Federal de Transito (FTA) a mas tardar 180 dias despu&s de la fecha de la supuesta discriminaci6n, a menos que el FTA prorrogue el plazo de presentaci6n. Atenci6n: Coordinador del Programa Titulo VI, Edificio Este, 5to Piso-TCR, 1200 New Jersey Ave., SE Washington, DC 20590. Tambien se pueden presentar quejas por escrito ante el Gerente del Proyecto de Entrega de la Oficina de Transporte de KYTC o Coordinador del Titulo VI, Gabinete de Transporte de Kentucky, 200 Mero Street, Frankfort, KY 40622. Para dar cabida a personas con conocimientos limitados de ingl6s, las quejas orales que deben documentarse y / o traducirse tambi&n pueden presentarse en la direcci6n anterior. Si necesita informaci6n en otro idioma, comuniquese con CITY al 270-444-8540. 16 Title VI Program Coordinator or Liaison Daron Jordan, City Manager, has overall responsibility for implementation, compliance and reporting with respect to Title VI. Inquiries related to these activities should be directed to: City Manager Daron Jordan 300 South 5th Street Paducah, KY 42003 (270) 444-8800 (270) 444-8503 di ordankpaducahky.gov Title VI Coordinator Stefanie Wilcox 300 South 5th Street Paducah, KY 42003 (270) 444-8800 (270) 444-8540 swilcoxk]2aducahky.gov Stefanie Wilcox is designated as the Title VI Coordinator and is responsible for the oversight and coordination of CITY's compliance with Title VI and all related statutes, regulations and directives. The Title VI Coordinator has direct access to the CITY's City Manager. General responsibilities of the Title VI Coordinator include but are not limited to the following: • Coordinating Title VI program development with Metropolitan Planning Organizations (MPOs), Local Public Agencies (LPAs) and CITY managers and staff • Establishing procedures for processing Title VI program reviews and/or sub-recipient/contractor reviews • Coordinating Title VI training for CITY staff, sub- recipients/contractors and stakeholders • Preparing required reports • Providing guidance and advice on the Title VI Program to CITY staff • Annually updating CITY's Title VI Program Plan 17 CITY OF PADUCAH TITLE VI ORG CHART ORGANIZATIONAL CHART CITIZENS OF PADUCAH Advisory H I Boards and Mayor and Commissioners Committees City Manager f Administration City Clerk? Police I Fire I Parks and Planning Human Resources/ Customer Recreation Risk Management I Experience Title VI Coordinator E911 Finance Public Works Engineering f Technology Floodwall 18 The summary of race and national origin for City of Paducah employees is as follows: RACE/NATIONAL ORGIN NUMBER PERCENTAGE White Females 74 24% White Males 189 62% African American Females 6 2% African American Males 23 8% Hispanic Females 3 1% Hispanic Males 5 2% Other Females 1 0% Other Males 4 1% Total 305 100% 19 IV. STATEMENT OF ASSURANCES PADUCAH Be the Best City of Paducah 300 South 5t" Street Paducah, KY 42003 (270) 444-8800 Fax: (270) 444-8515 www.paducahky.gov STANDARD TITLE VI ASSURANCE City of Paducah The City of Paducah, (hereinafter referred to as the "Subrecipienf') hereby agrees that as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78Stat. 252, 42 U.S.C. 2000d-4 (hereinafter referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, (49 CFR, Part 21) Nondiscrimination in Federally Assisted Program of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") and other pertinent directives, no person in the United States shall, on the grounds of race, color, national origin, sex, age (over 40), religion sexual orientation, gender identity, veteran status, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the U.S. Department of Transportation, including the Federal Highway Administration, and hereby give assurance that it will promptly take any necessary measures to effectuate the agreement. This assurance is required by subsection 21.7(a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specifies assurances with respects to its Federal -aid Highway Program: 1. That the Recipient agrees that each "facility" and each "program" as defined in subsections 21,23(b) and 21.23I of the Regulations and will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject of the Regulations made in connection with the Federal -aid Highway Program and, in an adapted form in all proposals for negotiated agreements. 20 Statement of Assurances Page 2 of 3 Construction Probosals The City of Paducah, in accordance with the provisions of the Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the regulations of the Federal Department of Transportation (49 CFR, Part 21), issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the grounds of race, color, national origin, sex, age (over 40), religion, sexual orientation, gender identity, veteran status, or disability. Agreements for Other Services Compliance with Regulations: The Consultant shall comply with the regulations of the City of Paducah and the Department of Highways, relative to nondiscrimination in Federally Assisted Programs of the CITY, Department of Highways (49 CFR, Part 21) which are herein incorporated by reference and made a part of this contract. 3. That the Recipient shall insert one of these nondiscrimination clauses in every contract subject to the Act and the Regulations. 4. That the Recipient shall also insert into every relevant contract a clause stating that the contractors will not discriminate against any employee or applicant for employment because of race, color, national origin, sex, age (over 40), religion, sexual orientation, gender identity, veteran status, or disability. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, these assurances shall extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of real property, these assurances shall extend to rights to space on, over, or under such property. 7. That these assurances obligate the Recipients for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, real property or interest therein or structures of improvement thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which theproperty is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefit; or (b) the period during which the Recipient retains ownership or possession of the property. 21 Statement of Assurances Page 3 of 3 8. The recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation, or the delegated authority, to give a reasonable guarantee that it, other recipients, sub grantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by or pursuant to the Act, the Regulations and these assurances. 9. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and these assurances. These assurances are given in consideration of, and for, obtaining all Federal grants, loans, contracts, property, discounts, and/or other Federal financial assistance extended after the date hereof, to the Recipient by the U.S. Department of Transportation under the Federal -aid Highway Program. The person whose signature appears below is authorized to sign these assurances on behalf of the Recipient. Signed and approved this day of June 2024. Daron Jordan City Manager 22 V. PROGRAM REVIEW PROCEDURES Each division within CITY and all its departments and program areas are responsible for the following under Title VI: • Collecting and analyzing data on minority and low-income populations to determine the potential impact of proposed plans, programs and proj ects • Ensuring all contract documents contain the appropriate Title VI provisions • Consulting with the Title VI Officer, Coordinator or Liaison and the City Manager when complaints are received, prior to sending any information to KYTC. • Ensuring that all people are treated equitably regardless of race, color or national origin • Monitoring Title VI accomplishments, notifying the Title VI Officer, Coordinator or Liaison of problem areas and summarizing activities for inclusion in the Title VI Plan Update • Developing and updating internal policies and procedures to ensure Title VI compliance during all phases of projects and activities • Ensuring that all business pertaining to the selection, negotiation, and administration of consultant contracts and agreements is accomplished without discrimination based on race, color or national origin • Ensuring that efforts are made to include minority and women owned businesses in consideration for contracts • Ensuring that internal and external publications and all other relevant communications disseminated to the public include the Title VI policy reference • Providing reasonable accommodations, information in the appropriate language or interpreters as needed for individuals with disabilities and LEP persons Special Emphasis Program Areas The CITY does not currently have any "Special Emphasis Program Areas." Based on the information collected through program review procedures, the Title VI Coordinator will determine whether a program area will be identified as a "Special Emphasis Program Area." If a "Special Emphasis Program Area" is identified, a plan will be drafted on how best to remedy the trend or pattern of discrimination. The Title VI Coordinator will notify the City Manager of the CITY, who will ensure that the program area complies with the remediation plan. 23 Sub -Recipient Review Procedures Each sub -recipient of federal funds under grants administered by the CITY shall have a Title VI plan which shall be available for review by CITY staff. The CITY shall periodically review all programs funded through federal assistance for those sub -recipients who have been found by the CITY to be in non-compliance with Title VI. Reviews will use a desk audit, self -survey, and/or onsite inspections. Employees or grant sub -recipients who refuse to voluntarily comply with Title VI or to take corrective actions required by the CITY shall face disciplinary action, or in the case of grant sub -recipients, may face termination or suspension of the contractual relationship with the CITY. Any trends, patterns of discrimination, or complaints filed against a sub -recipient will automatically trigger the review process. 24 VI. PROGRAMS OR ACTIVITIES SUBJECT TO TITLE VI A. U.S. Housing and Urban Development's Community Development Block Grant (CDBG), U.S Federal Highway Administration funding, U.S. Department of Labor's Workforce Innovation and Opportunity Act (WIOA), funding and U.S. Health and Human Services, Administration for Community Living programs. Funds are designated for the following program areas: • Housing • Community Projects • Public Services • Public Facilities • Economic Development • Community Emergency Relief Fund • U.S. Department of Labor WIOA • Transportation • Aging The U.S. Department of Housing and Urban Development (HUD) funded Community Development Block Grant (CDBG) program for DLG, Federal Highway Administration, Department of Labor, WIOA, and Health and Human Services, Administration for Community Living to provide assistance to communities for use in revitalizing neighborhoods, expanding affordable housing and economic opportunities, providing infrastructure and/or improving community facilities, providing workforce development to the Purchase region, and the provision of services for our Senior Citizens. B. The Land and Water Conservation Fund (LWCF) provides federal grant funds to protect important natural areas, to acquire land for outdoor recreation and to development or renovate public outdoor recreation facilities such as campgrounds, picnic areas, sports & playfields, swimming facilities, boating facilities, fishing facilities, trail, natural areas and passive parks. Potential Beneficiaries: Cities and counties, state and federal agencies are eligible to apply for funding. The maximum grant amount is $250,000. The minimum amount is $12,500. It is a 50% matching reimbursement program. C. The Recreational Trails Program provides grant funds to develop and renovate recreation trails for both motorized and non -motorized use. It does not fund equipment such as mowers and gators. Potential Beneficiaries: Eligible applicants are city and county governments, state and federal agencies, and non-profit organizations. 25 D. The ARC is a federal -state economic development program. To assist in the economic development of Appalachia through a diversity of projects in the areas of public infrastructure (water, sewer, solid waste, housing, and telecommunications), human resource development (education/workforce development, affordable/accessible healthcare, and leadership development) and business/entrepreneurial development. Potential Beneficiaries Local governments, special districts, and non-profit entities that include Kentucky's 51 most eastern and south-central Counties are eligible to apply for the grant dollars. Thirty-two "distressed" counties also have access to a separate restricted allocation of funds. E. The National Forest Receipt -Sharing Payments program provides "pass-through" funds to counties. The State Local Finance Officer receives notice of wire transfer from the US Department of Agriculture Forest Service for funds to be distributed annually to various counties. Potential Beneficiaries: Counties. The Flood Control Receipts program provides "pass-through" funds to counties. The State Local Finance Officer receives a check annually from the US Army Corps of Engineers. The check is deposited with the KY State Treasurer, authorization for payment to Counties is processed and checks are then prepared to send this money to the Counties in accordance with the statement from the federal government which was enclosed with the check. Potential Beneficiaries: Counties. The Kentucky Infrastructure Authority administers two federal grant programs from the Environmental Protection Agency: Capitalization Grants for Clean Water State Revolving Funds provides assistance for: (1) construction of publicly owned wastewater treatment works; and (2) nonpoint source management activities. Funds are loaned to local government entities. 2. Capitalization Grants for Drinking Water State Revolving Funds provides assistance for infrastructure improvement projects that are needed to achieve or maintain compliance with Safe Drinking Water Act requirements, protect public health, and assist systems with economic need. Funds are loaned to local government entities. 26 VII. COMPLIANCE A. The CITY shall make every effort to regulate, monitor, review, and report on the federal programs to assure compliance. B. Upon a finding by the CITY of noncompliance, CITY shall take the following actions with regard to: 1. Processing The compliance officer shall immediately notify the Responsible Official in writing of the violations held to constitute noncompliance with Title VI and of the steps necessary to correct these violations. 2. Reporting The compliance officer shall notify the sub -recipient or employee found to be in noncompliance, in writing within 30 days of the compliance officer's report of noncompliance, of the violations and corrective measures necessary to remedy the violations. 3. Resolution The CITY shall attempt to secure voluntary compliance with Title VI. In the event that efforts to secure voluntary compliance are not secured within a reasonable period of time, the compliance officer will notify the Responsible Official, in writing, of the recommended corrective action. 4. Enforcement of corrective actions The Responsible Official shall implement corrective actions within thirty (30) days of receipt and acceptance of the notification of recommended corrective action. Employees or grant sub -recipients who refuse to voluntarily comply with Title VI or to take corrective actions required by the CITY shall face disciplinary action, or in the case of grant sub - recipients, may face termination or suspension of the contractual relationship with CITY. 5. Monitoring of programs The CITY shall undertake to periodically monitor all programs funded through federal assistance for those sub -recipients who have been found by the CITY to be in non-compliance with Title VI. 27 VIII. ENVIRONMENTAL JUSTICE (EJ) Executive Order (E.O. 12898) was issued to focus federal attention on the environmental and human health conditions in minority and low-income communities to promote non- discrimination in federal programs substantially affecting human health and the environment and to provide minority and low-income communities access to public information on and an opportunity for public participation in matters relating to human health or the environment. The CITY will utilize the US Census Bureau data, the American Community survey data, and the following checklist to identify targeted populations: • Make a list of potential demographic groups to consider for the region or start with the required EJ populations defined by the Executive Order and supportive guidance • Consider groups that are underrepresented in typical public involvement and transportation decision making processes, have limited access to the full benefits of the transportation system or have encountered disproportionate impacts from past transportation decisions • Decide on the level of detail required for identifying groups spatially and identifying data sources to use to conduct a spatial demographic profile • Engage leaders and representatives of demographic groups to help identify target populations, spatially and non - spatially 28 IX. AGENCY TITLE VI TRAINING PLAN All CITY staff will be provided with the Title VI plan and will be educated on procedures and services available. Each employee is required annually to receive and document Title VI training and acknowledge that it is the employee's responsibility to abide by the Title VI plan and seek clarification, if necessary. This information will also be part of the CITY's staff orientation process for new hires. Annual employee training will be conducted in April and/or May of 2025. Each employee will view the training at their individual workstation. Employee will sign an acknowledgement (see example at Appendix F) that they have understood the Title VI training and have the responsibility of abiding by the Title VI nondiscrimination plan. Those training records will be on file at the CITY. Part of CITY's Title VI plan is deciding what level of staff training is needed. It is important that staff members, especially those having contact with the public, know their obligation to provide meaningful access to information and services for Title VI covered persons. Even staff members who do not interact regularly with Title VI covered persons should be aware of and understand the Title VI plan. Properly training staff is a key element in the effective implementation of the Title VI plan. Staff and Operations staff are trained to recognize when a Title VI covered person is need of assistance. This awareness training, which is delivered by video, is included in Reservations Orientation and Initial On -The -Job Training. 29 X. DATA COLLECTION/REPORTING/ANALYSIS Statistical data on race, color, national origin, sex, age, disability, and LEP of participants in and beneficiaries of the CITY's programs, (i.e., affected populations, and participants) will be gathered, analyzed, and maintained by the CITY to determine the transportation investment benefits and burdens to the population, including minority and low-income populations. Each of the CITY's Program Areas will maintain data relative to their programs and activities. Data gathering procedures will be reviewed regularly to ensure sufficiency of the data in meeting the requirements of Title VI program administration. Analysis of the data collected by the program emphasis areas may include: • The race, color, national origin, sex, age, disability, income and LEP of the population eligible to be served • Socioeconomic Assessment to evaluate project's potential impacts to the human environment • Persons to include in the decision-making process • Percent of benefits allocated to persons below the poverty line vs. persons above the poverty line • Distribution of benefits (dollars, facilities, systems, projects) to groups and communities • Projected population increases versus planned facilities and types of facilities • Language needs assessment • Transportation needs of all persons within boundaries of plans or projects • Strategies to address impacts • The manner in which services are or will be provided and the related data necessary for determining whether any persons are or will be denied such services on the basis of prohibited discrimination • The location of existing or proposed facilities connected with the program and related information for determining whether the location has or will have the effect of unnecessarily denying access to any persons on the basis of prohibited discrimination • The present or proposed membership, by race, color, national origin, sex, disability and age, in any planning or advisory body which is an integral part of the program 0 Strategies to disseminate information 30 XL CITY TITLE VI COMPLAINT PROCEDURE These procedures cover all complaints under Title VI of the Civil Rights Act of 1964, Executive Order 12898 "Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations" (1964), and Executive Order 13166 "Improving Access to Servicesfor Person with Limited English Proficiency" (2000), for alleged discrimination in any program or activity administered by City of Paducah. Any person who believes she/he or any specific class of persons has been subjected to discrimination or retaliation prohibited by any of the Civil Rights authorities, based upon race, color, or national origin by City of Paducah (hereinafter referred to as "CITY") may file a written complaint in accordance with the following procedure: Who can file? Any person who believes they—or with a specific class of persons—were subjected to discrimination on the basis of race, color, or national origin in the programs and activities of a CITY may file a Title VI complaint. Where can one file? Complaints may be filed with KYTC, FHWA Division Offices, the FHWA Headquarters Office of Civil Rights, the United States Department of Transportation (USDOT) Departmental Office of Civil Rights, or the U.S. Department of Justice. See addresses below. When must one file? According to U.S. DOT regulations, 49 CFR § 21.11(b), a complaint must be filed not later than 180 days after the date of the last instance of alleged discrimination, unless the time for filing is extended by the investigating agency. What should a complaint look like? Complaints should be in writing and signed and may be filed by mail, fax, in person, or e-mail. However, the complainant may call CITY and provide the allegations by telephone, and the agency will transcribe the allegations of the complaint as provided over the telephone and send a written complaint to the complainant for correction and signature. A complaint should contain at least the following information: • A written explanation of what has happened; • A way to contact the complainant; • The basis of the complaint (e.g., race, color, national origin); • The identification of a specific person/people and the respondent (e.g., agency/organization) alleged to have discriminated; • Sufficient information to understand the facts that led the complainant to believe that discrimination occurred in a program or activity that receives Federal financial assistance; and • The date(s) of the alleged discriminatory act(s). Complaint should indicate if the alleged discrimination is on-going. 31 How are complaints routed? FHWA is responsible for all decisions regarding whether a complaint should be accepted, dismissed, or referred to another agency. With this understanding, complaints should be routed in the following ways: • All complaints should be routed to the FHWA Headquarters Office of Civil Rights (HCR) for processing. HCR is responsible for all determinations regarding whether to accept, dismiss, or transfer Title VI complaints filed against CITY. • Complaints filed with CITY will be forwarded to KYTC, KYTC will forward the complaint to Kentucky's FHWA Division Office, which will forward the complaint to HCR. If a complaint is filed with KYTC, then the KYTC will forward the complaint to Kentucky's FHWA Division Office, which should forward the complaint to HCR. • CITY and KYTC must log all complaints received. • When HCR decides on whether to accept, dismiss, or transfer the complaint, HCR will notify the Complainant, the Kentucky FHWA Division Office, KYTC, and CITY. Complaints may be sent to: Kentucky Transportation Cabinet Office for Civil Rights 200 Mero Street, 6th Floor Frankfort, KY 40622 And/Or US Federal Highway Administration Kentucky Division John C Watts Federal Building 330 W Broadway St Ste 264, Frankfort, KY 40601 Attention: Civil Rights Specialist And/Or Federal Highway Administration Headquarters - Office of Civil Rights 1200 New Jersey Avenue, SE HCR -40, Room E81-101 Washington, DC 20590 202-366-0693 or Fax: 202-366-1599 TTY: 202-366-5751 Additionally, complaints may be filed with the U.S. Department of Justice at: Federal Coordination and Compliance Section - NWB Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 32 What are the potential outcomes for processing a complaint? There are four potential outcomes for processing complaints: • Accept: if a complaint is timely filed (see "When must one file?" above), contains sufficient information to support a claim under Title VI, and concerns matters under FHWA's jurisdiction, then HCR will send to the complainant, the respondent agency, and the FHWA Division Office a written notice that it has accepted the complaint for investigation. • Preliminary review: if it is unclear whether the complaint allegations are sufficient to support a claim under Title VI, then HCR may (1) dismiss it or (2) engage in a preliminary review to acquire additional information from the complainant and/or respondent before deciding whether to accept, dismiss, or refer the complaint. • Procedural Dismissal: if a complaint is not timely filed (see "When must one file?" above), is not in writing and signed, or features other procedural/practical defects, then HCR will send the complainant, respondent, and FHWA Kentucky Division Office a written notice that it is dismissing the complaint. • Referral\Dismissal: if the complaint is procedurally sufficient but FHWA (1) lacks jurisdiction over the subject matter or (2) lacks jurisdiction over the respondent entity, then HCR will either dismiss the complaint or refer it to another agency that does have jurisdiction. If HCR dismisses the complaint, it will send the complainant, respondent, and FHWA Kentucky Division Office a copy of the written dismissal notice. For referrals, FHWA will send a written referral notice with a copy of the complaint to the proper Federal agency and a copy to the USDOT Departmental Office of Civil Rights. HCR is responsible for conducting all investigations of KYTC and CITY. In the case of a complaint filed against CITY, HCR may either conduct the investigation itself, or it may delegate the investigation to KYTC. If HCR chooses to delegate the investigation of CITY, HCR will communicate its acceptance of the complaint to the complainant and respondent, but KYTC will conduct all data requests, interviews, and analysis. KYTC will then create a Report of Investigation (ROI), which it will send to HCR. Finally, HCR will review the ROI and compose a Letter of Finding based on the ROI. All Letters of finding issued by FHWA are administratively final. What are the timeframes for investigations? For FHWA, there is no regulatory timeframe for completing investigations. However, FHWA strives to complete all tasks within 180 days from the date of acceptance. If KYTC is delegated an investigation from FHWA, 23 CFR §200.9(b)(3) provides that KYTC must complete investigations within 60 days of receipt (meaning the date it receives the delegated complaint from FHWA). Investigation files are confidential and will be maintained by KYTC. The contents of such files will only be disclosed to appropriate KYTC personnel and federal authorities in accordance with Federal and State laws. KYTC will retain files in accordance with records retention schedules and all Federal guidelines. 33 A. CITY TITLE VI INVESTIGATIONS, COMPLAINTS AND LAWSUITS FTA Circular 4702.JB, Chapter III, Paragraph 7: In order to comply with the reporting requirements of 49 CFR 21.9(b), FTA requires all recipients to prepare and maintain a list of any of the following that allege discrimination on the basis of race, color, or national origin: active investigations....; lawsuits, and complaints naming the recipient. In accordance with 49 CFR 21.9(b), CITY must record and report any investigations, complaints, or lawsuits involving allegations of discrimination. The records of these events shall include the date the investigation, lawsuit, or complaint was filed; a summary of the allegations; the status of the investigation, lawsuit, or complaint; and actions taken by CITY in response; and final findings related to the investigation, lawsuit, or complaint. The records for the previous three (3) years shall be included in the Title VI Plan when it is submitted to Kentucky Transportation Cabinet. CITY has had no investigations, complaints, or lawsuits involving allegations of discrimination on the basis of race, color, or national origin over the past three (3) years of calendar years 2021, 2022 and 2023. A summary of these incidents is recorded in Table 1. Table 1: Summary of Investigations, Lawsuits, and Complaints (Month, Date Day, Year) Summary Status Action(s) (include basis of Taken complaint: race, color, or national origin) 34 XII. PUBLIC PARTICIPATION PLAN Public Involvement Plan/Community Outreach The Public Participation Plan for CITY was developed to ensure that all members of the public, including minorities, disabled, low income, LEP populations, are encouraged to participate in the decision-making process. The public outreach strategies described in the Plan are designed to provide public with effective access to information about CITY services and to provide means for considering public comment. Community Outreach is a requirement of Title VI. Recipients and sub -recipients shall seek out and consider the viewpoints of minority and low-income populations in the course of conducting public outreach. Recipients have wide latitude to determine what specific measures are most appropriate and should make this determination based on the composition of the affected population, the public involvement process, and the resources of the recipient. As an agency receiving federal financial assistance, we have made the following community outreach efforts: • Conduct local or regional public / information meetings as requested • Utilizing CITY Monthly Updates to reach educate and inform the public on various programs • Conducting meetings with local officials and interested community leaders • Using e-mail distribution lists to provide information to interested persons and agencies • Committee reports during the monthly CITY Board of Director's meetings • Using the CITY Web Site, Facebook and Instagram to post projects/information/comments and providing a link for public feedback • Address civic groups, chamber meetings, government meetings • Attending fiscal court and city council meetings • Utilize existing services / programs at the CITY to distribute information (i.e. Housing, Aging, Workforce Investment) • Use surveys in newsletters, mail -outs, emails, Survey Monkey, etc. to gain public input Third Party Groups The CITY will seek to increase public outreach to the underserved populations by contacting third party groups and asking for their assistance in creating public awareness concerning transportation related issues. The agencies, groups or people that wish to provide assistance can be utilized to distribute materials pertaining to the statewide planning process. The members may be able to utilize their brochures, newsletters, word of mouth, etc. concerning public meetings, announcements of public review and comment periods for statewide planning documents by sharing and distributing the information with the populations they service. These groups may include, but not be limited to the following: 35 Senior citizen centers Public libraries Public health departments Public transit authorities NAACP Housing authorities Post offices County or city clerk's office United Way Churches Migrant education programs Adult education programs Chamber of commerce Community based services Human relations commissions State government agencies Disabled American Veterans Public Meetings The CITY will hold local or regional public information/input meetings as requested to provide additional opportunities for public comments. Newspapers Information can be sent to the local newspapers in the region. While none are identified as targeting specific traditionally underserved audiences, all have the potential to have traditionally underserved subscribers. Information can be distributed to the newspapers relating to media releases with announcements of meeting dates and locations, announcements of documents available for public review and comment, and information about the statewide planning process. Radio Information can be sent to radio stations that serve the region. None are identified as targeting specific traditionally underserved audiences, but all have the potential to have traditionally served underserved listeners. Public meeting invitations can be sent to the stations along with media releases with announcements of meeting dates and locations and information about the statewide planning process or statewide documents available for public review and comment. Television Information can be sent to television stations that serve the region. This could include regular network broadcast stations as well as local cable access channels that may be available throughout the region. These channels can also be utilized in creating public awareness. Traveling Exhibits Traveling exhibits may be used to display information about public meetings, review of statewide documents and the statewide planning process. The following locations may be utilized to display information: Public libraries Post offices 36 County courthouses City halls Community centers, meeting halls, churches Chamber of commerce KYTC Highway District 1 office City of Paducah office Schools Public housing authorities Senior citizen centers or housing Malls, restaurants, shopping centers Special event locations Other identified locations through planning process Coordinated Pubic Transit -Human Services Transportation Plan (Coordinated Plan) The two year transportation authorization entitled Fixing America's Surface Transportation (FAST) Act as amended by Federal and State Grants under Section 5311 Rural Area Formula Program, Appalachian Development Transportation Assistance, Commonwealth Veterans Transportation Program and JARC (Job Access and Reverse Commute) Programs under the Federal Transit Act of 1964, as amended funds would be used for capital equipment and transit operations. Under the requirements of Moving Ahead for Progress in the 21" Century (MAP -21) and the Enhanced Mobility of Senior and Individuals with Disabilities Program (53 10) meetings are and will be held to make improvements on a local coordinated plan for public transit. Public Notification. The CITY will disseminate Title VI Program information to employees, contractors, sub - recipients and beneficiaries, as well as to the public. A variety of public notification and participation procedures will be used to encourage the early and continuous involvement of citizens, communities, and others interested in the planning process and decisions of the CITY. The CITY will discuss and/or distribute Title VI information using mass media including, but not limited to the following: • Policy statements • Inclusion of Title VI language in contracts • New employee orientation • Federal EEO posters • CITY website • Standard procedures manual • Significant publications, i.e., newspapers, brochures, and written literature • Mailings • Meetings open to the public • Events Further notices informing the public and all employees that the CITY complies with Title VI of the Civil Rights Act of 1964 will be displayed in a prominent place. 37 Customer Complaint Process Citizens may call the CITY at 270-444-8540 to lodge a complaint or comment. All complaints/comments are input into a database and then distributed to the relevant manager who researches the complaint and responds back to the citizen. Bilingual Outreach Upon request CITY provides Spanish-speaking guests with information on public transit services in Spanish. Staff will assist with outreach programs and public meetings as requested. CITY submits an annual Section 5304 request to the Kentucky Transportation Cabinet and as part of this process a regional coordination meeting is conducted. All meetings will seek to incorporate minority, individuals with disabilities and LEP individuals' and their ability to provide feedback. Practices which will be included: a. Scheduling meetings at times and locations that are convenient and accessible for minority and LEP communities b. Coordinating with community and faith -based organizations, education institutions, and other organizations to implement public engagement strategies that reach out specifically to members of affected minority and/or LEP communities. c. Providing opportunities for public participation through means other than written communications, such as personal interviews or use of audio or video recording devices to capture oral comments. 38 XIII. LANGUAGE ACCESS PLAN CITY has taken excerpts from "Implementing the Department of Transportation's Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient (LEP) Persons: A Handbook for Public Transportation Providers" as prepared by The Federal Transit Administration Office of Civil Rights, dated April 13, 2007. CITY recognizes the need to provide equal service opportunities for all individuals in the service area. Most individuals living in the United States read, write, speak, and understand English. There are many individuals, however, for whom English is not their primary language. The 2020 census shows that 40.5 million individuals speak Spanish and over 10.8 million individuals speak an Asian or Pacific Island language at home. If these individuals have a limited ability to read, write, speak, or understand English, they are limited English proficient, or "LEP." Language for LEP individuals can potentially hinder some individuals from arranging transportation services needed. The Federal Government funds an array of services that can be made meaningfully accessible to otherwise eligible LEP persons. The Federal Government is committed to improving the accessibility of these programs and activities to eligible LEP persons, a goal that reinforces its equally important commitment to promoting programs and activities designed to help individuals learn English. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., and its implementing regulations provide that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity that receives Federal financial assistance. The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), interpreted Title VI regulations prohibits conduct that has a disproportionate effect on LEP persons because such conduct constitutes national origin discrimination (page 5). Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," reprinted at 65 FR 50121 (August 16, 2000), directs each Federal agency to examine the services it provides and develop and implement a system by which LEP persons can meaningfully access those services. Federal agencies were instructed to publish guidance for their respective recipients in order to assist them with their obligations to LEP persons under Title VI. The Executive Order states that recipients must take reasonable steps to ensure meaningful access to their programs and activities by LEP persons (Pages 5-6). The U.S. DOT published revised guidance for its recipients on December 14, 2005. This document states that Title VI and its implementing regulations require that DOT recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are Limited English Proficient (LEP) and that recipients should use DOT LEP Guidance to determine how best to comply with statutory 39 and regulatory obligations to provide meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are LEP (page 6). The FTA references the DOT LEP guidance in its Circular 4702.1A, "Title VI and Title VI - Dependent Guidelines for FTA Recipients," which was published on April 13, 2007. Chapter IV, Part 4 of this Circular reiterates the requirement to take responsible steps to ensure meaningful access to benefits, services, and information for LEP persons and suggests that FTA recipients and sub -recipients develop a language implementation plan consistent with the provisions of Section VII of the DOT LEP guidance (page 6). In accordance with the Executive Order, the U.S. Department of Transportation issued Policy Guidance Concerning Recipient's Responsibilities to Limited English Proficient (LEP) Persons, which is modeled after DOJ's guidance. As described in the guidance, DOT recipients are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. The guidance applies to all DOT funding recipients, which include state departments of transportation, state motor vehicle administrations, airport operators, metropolitan planning organizations, and regional, state, and local transit operators, among many others. Coverage extends to a recipient's entire program or activity, i.e., to all parts of a recipient's operations. This is true even if only one part of the recipient receives the Federal assistance. For example, if DOT provides assistance to a state department of transportation to rehabilitate a particular highway on the National Highway System, all of the operations of the entire state department of transportation—not just the particular highway program or project—are covered by the DOT guidance. The DOT guidance outlines four factors recipients should apply to the various kinds of contacts they have with the public to assess language needs and decide what reasonable steps they should take to ensure meaningful access for LEP persons: 1. The number or proportion of LEP persons eligible to be served or likely to be encountered by a program, activity, or service of the recipient or grantee. 2. The frequency with which LEP individuals come in contact with the program. 3. The nature and importance of the program, activity, or service provided by the recipient to people's lives. 4. The resources available to the recipient and costs. The greater the number or proportion of eligible LEP persons; the greater the frequency with which they have contact with a program, activity, or service; and the greater the importance of that program, activity, or service, the more likely enhanced language services will be needed. Smaller recipients with more limited budgets are typically not expected to provide the same level of language service as larger recipients with larger budgets. The intent of DOT's guidance is to suggest a balance that ensures meaningful access by LEP persons to critical services while not imposing undue burdens on small organizations and local governments. After completing the above four -factor analysis, recipients can determine the appropriate "mix" of LEP services required. Recipients have two main ways to provide language services: oral 40 interpretation either in person or via telephone interpretation service and written translation. The correct mix should be based on what is both necessary and reasonable in light of the four -factor analysis. For instance, a motor vehicle department or an emergency hazardous material cleanup team in a largely Hispanic neighborhood may need immediate oral interpreters available and decide to hire full-time bilingual staff. In contrast, there may be circumstances where the importance and nature of the activity and number or proportion and frequency of contact with LEP persons may be low and the costs and resources needed to provide language services may be high in which pre -arranged language services for the particular service may not be necessary. The languages spoken by the LEP individuals with whom the recipient has frequent contact often determine the languages into which documents will be translated and the types of interpreters provided. Plan for Assisting Persons of Limited English Proficiency How to Identify an LEP Person Who Needs Language Assistance? Below are tools to help identify persons who may need language assistance 1. Examine records requests for language assistance from past scheduled transportation needs to anticipate the possible need for assistance at upcoming appointments; 2. When CITY sets up at events, set up a sign -in sheet table, have a staff member greet and briefly speak to each attendee. To informally gauge the attendee's ability to speak and understand English, ask a question that requires a full sentence reply; 3. Staff should keep lists of individuals seeking language assistances on telephones, in office and on vehicles; 4. Post a notice of available language assistance on CITY vehicles, subcontractor vehicles and reception area. 5. Persons who do not speak English as their primary language and who have a limited ability to read, speak write or understand English can be limited English proficient, or "LEP." These individuals may be entitled to language assistance with respect to a particular type of service, benefit or encounter. Title 49 CFR, Appendix C, Section (3)(iv) requires that "the location of projects requiring land acquisition and the displacement of persons from their residences and business may not be determined on the basis of race, color, or national origin." For purposes of this requirement, "facilities" does not include bus shelters, as they are considered transit amenities. It also does not include transit stations, power substations, or any other project evaluated by the National Environmental Policy Act (NEPA) process. Facilities included in the provision include, but are not limited to, storage facilities, maintenance facilities, operations centers, etc. In order tocomply with the regulations, CITY will ensure the following: CITY will complete a Title VI equity analysis for any facility during the planning stage with regard to where a project is located or sited to ensure the location is selected without regard to race, color, or national origin. City of Paducah will engage in outreach to persons potentially impacted by the siting of the facility. The Title VI equity analysis must compare 41 the equity impacts of various siting alternatives, and the analysis must occur before the selection of the preferred site. When evaluating locations of facilities, CITY will give attention to other facilities with similar impacts in the area to determine if any cumulative adverse impacts might result. Analysis should be done at the Census tract or block group level where appropriate to ensure that proper perspective is given to localized impacts. If CITY determines that the location of the project will result in a disparate impact on the basis of race, color, or national origin, CITY may only locate the project in that location if there is a substantial legitimate justification for locating the project there, and where there are no alternative locations that would have a less disparate impact on the basis of race, color, or national origin. CITY must demonstrate and document how both tests are met. CITY will consider and analyze alternatives to determine whether those alternatives would have less of a disparate impact on the basis of race, color, or national origin, and then implement the least discriminatory alternative. MEANINGFUL ACCESS FOUR FACTOR ANALYSIS (1) THE NUMBER OR PROPORTION OF LEP PERSONS ELIGIBLE TO BE SERVED OR LIKELY TO BE ENCOUNTERED BY A PROGRAM, ACTIVITY OR SERVICE OF THE RECIPIENT: FROM THE U.S. CENSUS BUREAU 2019 ACS 5 -YEAR ESTIMATES, 58.5 MILLION PEOPLE OF THE U.S. POPULATION WERE HISPANIC OR LATINO ORIGIN MAKING PEOPLE OF HISPANIC ORIGIN THE NATION'S LARGEST ETHNIC OR RACIAL MINORITY. 40.7 MILLION IS THE NUMBER OF U.S. RESIDENTS 5 AND OLDER WHO SPEAK SPANISH AT HOME IN. THIS IS A 135 PERCENT INCREASE SINCE 1990 WHEN IT WAS 17.3 MILLION. THOSE WHO SPEAK SPANISH AT HOME CONSTITUTED 12.5 PERCENT OF U.S. RESIDENTS 5 AND OLDER. MORE THAN HALF OF THESE SPANISH SPEAKERS SPOKE ENGLISH "VERY WELL." Kentucky Demographics: According to the U.S. Census Bureau, the American Community Survey 5 -Year Estimate indicated that Kentucky was ranked 39 out of 50 by percent of population Age 5+ Spanish Speaking. The total number of Spanish Speaking in Kentucky was 113,336 out of a total population of 4,526,154 Age 5+. According to these statistics 2.5% of Kentucky Residents Age 5+ are Spanish Speaking. (2) THE FREQUENCY WITH WHICH LEP INDIVIDUALS COME IN CONTACT WITH THE PROGRAM, ACTIVITY, OR SERVICE: The numbers are clearly showing an increase in the number of foreign -born residents inKentucky as well as an increase in the number of Spanish Speaking residents. CITY will continue to monitor changes in demographics as they become available through Census and Studies. CITY will also work closely with local agencies in an effort to monitor developments in the region. CITY will monitor the frequency with which LEP individuals come in contact with the program and services. CITY will report all encounters with LEP persons on the OTD Section 5304 MonthAy Report. Reporting accuracy will improve with ongoing training and tracking measures implemented. (3) THE NATURE AND IMPORTANCE OF THE PROGRAM, ACTIVITY, OR SERVICE PROVIDED BY THE PROGRAM: CITY understands they play an important role in the lives of our community. The individuals utilizing public transportation services in the region need this mobility to maintain a continued quality of life. A LEP person's inability to use public transit may hinder their ability to access health care, education or employment. CITY will continue to outreach to all individuals and promote their efforts. This will increase their need to promote their services for individuals to realize the service is available. When they speak to groups, they make them aware they will assist any individual with LEP. (4) THE RESOURCES AVAILABLE TO THE RECIPIENT AND FOR LEP OUTREACH, AS WELL AS THE COSTS ASSOCIATED WITH THAT OUTREACH: These additional language assistance tools will be utilized to assist LEP individuals at no additional cost: www.freetranslation.com is used to translate Transportation Committee agendas and other documents as necessary. With adequate notice CITY will use Murray State University's Institute for International Studies interpreters to provide information in other languages. The ESL contact person is Weihong Gao and may be contacted at 270/809-4103. An alternate contact for translation services is Vince Medlock and he can be reached at 270/293-8315. 43 The University of Tennessee Martin provides a third translation option through their Office of International Affairs. The contact person is Ms. Lori Jackson and she can be contacted at 731/881- 3582. Karli Smith is a Program Resource Specialist and she can be reached at 731/881-7420. The International Admissions office can be reached at 731/881-7344. The US Census 2000 Language Identification Flashcard is available to assist staff in assessing LEP needs. A Google Translation Browser has been added to the CITY website, so all posted documents are available in multiple languages. IMPEMENTATION PLAN Staff Training Part of CITY's LEP plan is determining what level of staff training is needed. It is important for staff members, especially those having frequent contact with the public, to understand the obligation to provide meaningful access to information and services for LEP persons. Likewise, staff members who are less likely to interact with LEP persons should also be aware of and have a level of understanding of the resources available to CITY for assisting LEP persons. Properly training staff is key in the effective implementation of a LEP plan. Staff will be trained annually to recognize when a LEP person is in need of language assistance and respond by providing information in a format that the LEP person can understand. LANGUAGE ASSISTANCE MEASURES 1. Staff will take reasonable steps to provide the opportunity for meaningful access to LEP clients who have difficulty communicating in English. 2. The following resources will be available to accommodate LEP persons: a A list of volunteer Spanish Language interpreters will be maintained and will provide within a reasonable time period. b. Language interpretation will be accessed for all languages through a telephone interpretation service for critical need situations. 3. Network with local human service organizations that provide services to LEP individuals and seek opportunities to provide information about the transit program and services. 4. Include "Spanish" on all job recruitment notices. 5. Incorporate an option for machine transition into multiple languages for CITY's website (www.purchaseadd. org). Outreach Techniques When the staff prepares a document or schedules a meeting for which the target audience is expected to include LEP individuals, the documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population. Interpreters will be available as requested. 44 Monitoring and Updating the LEP Plan This plan is designed to be flexible and is one that can be easily updated. As such, it is important to consider whether new documents and services need to be made accessible for LEP persons, and also to monitor changes in demographics and types of services, and to update the LEP plan when appropriate. At a minimum, the CITY will follow the Title VI program update schedule for the LEP plan. Each update should examine all plan components such as: 1. How many LEP persons were encountered? 2. Were their needs met? 3. What is the current LEP population in the OTO region? 4. Has there been a change in the types of languages where translation services are needed? 5. Determine whether local language assistance programs have been effective and sufficient to meet the need. 6. Determine where CITY's fully complies with goals of this LEP Plan 7. Determine whether complaints have been received concerning the failure to meet the needs of LEP individuals 8. Maintain a Title VI complaint log, to include LEP issues and basis of complaints. Safe Harbor Provision DOT has adopted the Department of Justice's Safe Harbor Provision, which outlines circumstances that can provide a "safe harbor" for recipients regarding translation of written materials for LEP population. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of compliance with the recipient's written translation obligations. Translation of non -vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches five percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. SPEAK ENGLISH "LESS THAN VERY WELL" TOTALS BY COUNTY County Total Pop 5 years and Older Speaks English Less Than Very Well Percentage McCracken 63,305 726 1.1 American Community Survey 5 -Year Estimates (2017-2021) As outlined in the previous chart, McCracken County does not contain a LEP group of over 1,000. CITY will provide good faith efforts to meet the needs of the LEP population, if and when necessary. CITY may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may not be an effective means to provide language assistance measures. 45 XIV. MINORITY REPRESENTATION Title 49 CFR Section 21 5(b)(1)(vii) states that a recipient may not, on the grounds of race, color or national origin, "deny a person the opportunity to participate as a member of a planning, advisory or similar body which is an integral part of the program." Recipients that have transit - related, nonelected planning board, advisory councils or committees, or similar committees, the membership of which is selected by the recipient, must provide a table depicting the racial breakdown of the membership of those committees, and a description of efforts made to encourage the participation of minorities on such committee. The CITY governing body consists of five (5) board members elected by City residents. There is a Mayor that serves a four-year term, and City Commissioners that serve two-year terms. The highest voted for Commissioner serves as Mayor -Pro -Tem in the absence of the Mayor. - Currently the five members consist of, four (4) men and one (1) woman with four (4) Caucasians and one (1) African American. CITY is committed to meeting the needs of the region's citizens and ensuring that no person is excluded from participation in or denied the benefits of its services. Efforts to encourage participation of minorities on the board are a mission of the board of commissioners. As well, CITY strives to ensure that the composition of the employee body reflects a representation of minority participation. CITY will continue to encourage minority groups to consider employment with the City. 46 XV. DEMOGRAPHICS OF CITY Percent of Minority Population Race and Hispanic Origin Paducah cim ® Q McCracken Q Kentuck-V Conan, Kentucky Population estimates, July 1,'_0'_3. (1-2033) r 26,749 eS 67,428 Race and Hispanic Origin 0 11'hite alone, percent L -0 C 84-8° o Black or !Rican Amencan alone: percent 21-9',-. 0 112% American Indian and Alaska Native alone: percent Ca; cs 0-4% d 0-4% Q Asian alone, percent (a, 81-3,/ 6 1-0% 0 Native Hawaiian and Other Pacific Lalander alone, percent "-i 0-0% L 0-1 f 0 Two or More Races, percent � 3.3! 8 2.6° o 0 Hispame or Latino. percent (b) d 2-9% b I-0° o 0 %kinte alone, not Hispanic or Latino; percent -0-0% CS 82-4° o Percent of Adult Population with a Disability Health Q Paducah cityE3 q McCracken Q Kentucky County, keutucb- $ Population estimates, July 1, 2023, (172023) 26,749 eS 67,428 1' Health Q With a disability. under age 65 3 -ears,- percent, 2018-2022 14-0% 11 Pei so -ns tiithout health insurance, under age 63 3 earn, percent 892% 8 >--% Percent of Population in Poverty Status Paducah cite. McCracken Income &Pot ern Q E3E3 Ke utucl. - C o nun-, Kentucky +�} Population estimates, Ju13 1, 2023, (42623) C 26,749 8 67,428 1' Income & Poverty (j Median household income (in 2022 dollars), 2018-2022 546,984 $583490 0 Per capita income in past 12 months (in 2022 dollars), 2915_2922 S3..828 $36,401 @ Persom in pi-ert3; percent 8 23° o & 15-2Y. 47 Percent of Population Over 65 Years of Age Age and Sea Q Paducah cw. © q Kentucky 0 Population estimates, July 1, 2021 {1-20:31 Age and Sex Q Persona ander 5 years„ percent Persams Under is gears, percent Persona 651 ears and over, percent Female persons, percent McCraekeu County, Kenmckr A 26,749& 87,428 Percent of Population with Limited English Proficiency (LEP) McCracken Families & Luing Arrange... © � county, xentucky 0 Population estimates, July 1, 2023, [G2(23) Families & Living arrangements 0 Hnuseholds, 2013-2022 0 Persona per household, 2.018-2022 0 Living in same house 1 year ago, percent o£persom age 1 iwri-, 2018-2022 @ Language other than English spoken at home; percent of persoas age 5 Tearst 2018- 2022. & 26,749& 67,428 11,432 27,000 226 2.46 992% 89.7% 2.5% 2.5 f Population Estimates, July 1, 2023 (V2023) -- Paducah city, McCracken County, KY." Quick Facts, https://www.census.gov/quickfacts/fact/table/paducahcitykentucky,mccrackencountykentucky/PST045223. Accessed 20 June 2024. 48 XVI. REVIEW OF STA DIRECTIVES The CITY's Title VI Implementation Plan is designed to comply with the statutes and requirements under the law and as directed by KYTC/FHWA to accomplish the goals of the Title VI Act of 1964. The table below is a list of resources that include laws, procedures, directives, plans and/or guidance used by the CITY to develop and administer Title VI implementation. DIVISION/OFFICE PROCEDURES, MANUAL, DIRECTIVE KYTC Official Order 110248: Standard Title VI Assurance (6/27/2016) KYTC Official Order 110249: Title VI Policy Statement (6/27/2016) KYTC Title VI Program Plan (10/1/2021— 9/30/2022) KYTC Language Access Plan (LAP) (10/1/2020 — 9/30/2021) FHWA Title VI Implementation Plan Checklist FWHA (Video) Overview of Civil Rights Program Requirements for Local Public Agencies United States Code Title VI 1964 Civil Rights Act 49 XVII. COMPLIANCE/NONCOMPLIANCE REPORTING Throughout the year, the Title VI Coordinator periodically meets with the directors and the division heads of CITY to review the policies and procedures relative to Title VI. This includes, but is not limited to, a review of files and statistics of complaints received for investigation and services offered to recipients and beneficiaries of CITY's services. In the event of noncompliance with this, plan or applicable regulations and laws are determined via a complaint investigation or through the self -survey process; the CITY will make every effort to attain full compliance. The Title VI Coordinator shall notify the appropriate program head in the event a complaint investigation, compliance review or self -survey indicates noncompliance. The notification shall state the condition of noncompliance, recommended approach to correct the situation, and the time period for the response and corrective action. The Title VI Coordinator may conduct an interview to consult with the program head regarding the correct approach to remedy noncompliance. 50 XVIII. APPENDICES' 'Appendices A-E contain the U.S. DOT Order No. 1050.2A 51 APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal Highway Administration, as appropriate and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 52 a withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States 53 APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the Department of Transportation as authorized by law and upon the condition that the (Title of Recipient) will accept title to the lands and maintain the project constructed thereon in accordance with (Name of Appropriate Legislative Authority), the Regulations for the Administration of Federal Highway Program, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally -assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the (Title o Recipient) all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto (Title of Recipient) and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the (Title ofRecipient), its successors and assigns. The (Title of Recipient), in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such lands hereby conveyed [,] [and]2 (2) that the (Title of Recipient) will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts maybe 2 Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI 54 amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].3 'Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI 55 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits or similar instruments entered into by the (Title ofRecipient) pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, (Title of Recipient) will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.4 C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the (Title of Recipient) will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the (Title ofRecipient) and its assigns.s 4 See footnote 9 s Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI 56 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/ agreements entered into by (Title of Recipient) pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above nondiscrimination covenants, (Title of Recipient) will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.6 C. With respect to deeds in the event of breach of any of the above nondiscrimination covenants, (Title of Recipient) will there upon revert to, vest in and become the absolute property of (Title of Recipient) and its assigns. 6 Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI 57 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 59 • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 ET seq). 59 APPENDIX F Active employees will complete the training and sign an acknowledgement (example below) that they understand the training and will abide by the Title VI nondiscrimination plan in accordance with the training. CITY OF PADUCAH TITLE VI ANNUAL TRAINING I confirm that I listened, and understood the Title VI training, also I understand that as an employee, it is my responsibility to abide by the Title VI nondiscrimination plan, in accordance with the training. IfI have questions about the plan, or materials presented I understand it is my responsibility to seek clarification. Employee Signature Date Print name XVIII. BOARD POLICY APPROVAL POLICY APPROVAL BY THE GOVERNING BOARD Final governing Board Approval for the TITLE VI "STATEMENT OF POLICY" is made this day of June 2024. George P. Bray, Mayor City of Paducah Mayor Signature Date Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Accept recommendation from Sports Tourism Commission for evaluated bids for Paducah Sports Park for Bid Package 01 - Site: Field Turf and approve construction contracts with Sprinturf in the amount of $6,321,087.00 - A. CLARK & D. JORDAN Category: Municipal Order Staff Work By: Arnie Clark Presentation By: Arnie Clark, Daron Jordan Background Information: PFGW Architects, on behalf of the Sports Tourism Commission, McCracken County Fiscal Court, and City of Paducah released a Request for Bids on February 17 for Field Turf for the Paducah Sports Park. Bid Opening was held March 26. Eight (8) bids were submitted. A selection committee with representation from the Fiscal Court, City, Design Team, and Operations Team was formed to review and evaluate the bids. After review, the committee recommends moving forward with a contract for services with Sprinturf for the Field Turf portion of the project. Per the ILA, the McCracken County Sports Tourism commission must approve and make a recommendation to both the Fiscal Court and the City Commission for consideration and approval of construction contracts. The McCracken County Sports Tourism Commission approved the recommendation from the selection committee on Monday, June 10, and proceeds with a recommendation for a contract for services with Sprinturf. Accept recommendation from the Sports Tourism Commission and authorize execution of a contract for services with Sprinturf in the amount of $6,321,087.00 for Bid Package 1: Site - Field Turf for the Paducah Sports Park project. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Paducah Sports Park Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Accept and approve Attachments: 1. MO Field Turf Spinturf 2. SPRINTURF A101-2017 - FINAL DRAFT Bid Package 1A-20240620 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING THE RECOMMENDATION OF THE McCRACKEN COUNTY SPORTS TOURISM COMMISSION TO ACCEPT THE BID PACKAGE FOR SITE FIELD TURF FOR THE PADUCAH SPORTS PARK PROJECT IN THE AMOUNT OF $6,321,087 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME WHEREAS, on September 7, 2022, the City of Paducah, the County of McCracken, and the McCracken County Sports Tourism Commission entered into an Interlocal Cooperation Agreement for the Development and Operation of the Paducah -McCracken County Athletic Complex (hereinafter "Interlocal Agreement"); and WHEREAS, in accordance with the requirements of the Interlocal Agreement, the McCracken County Sports Tourism Commission has presented its recommendation of the best -evaluated bids and associated construction contracts for the completion of the work contemplated by the formerly approved construction plans; and WHEREAS, the City Commission now desires to accept the McCracken County Sports Tourism Commission's recommendation for the Site Field Turf for the Paducah Sports Park Project. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City Commission hereby approves the recommendation of the McCracken County Sports Tourism Commission, and accepts the bid proposal of Spinturf, LLC, in the amount of $6,321,087, for Site Field Turf for the Paducah Sports Park Project. SECTION 2. That the Mayor is hereby authorized to execute an agreement and all other documents necessary with Spinturf, LLC, for the Site Field Turf for the Paducah Sports Park, as authorized in Section 1 above. Said agreement shall be in accordance with the specifications, bid proposal, and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This Order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, MO\Agree — Spinturf Paducah Sports Park Turf — Sports Tourism Commission Document A141®- 2411 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the twenty fourth day of June in the year two thousand twenty-four. (!n words, indicate day, month and year.) BETWEEN the Owner: (Name, legal stators, address and other information) McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 and the Contractor: (Name, legal status, address and other information) Sprinturf, LLC 146 Fairchild Street Suite 150 Daniel Island, SC 29492 for the following Project: (Name, location and detailed description) Paducah Sports Park Bid Package 1 A — Field Turf Paducah, Kentucky 42001 The Architect: (Name, legal status, address and other information) Peck Flannery Gream Warren Inc. PO Box 510 101 South Fourth Street Paducah, Kentucky 42002-0510 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete At 010-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201@-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects, This document was produced at 14:08:53 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com, User Notes: (910969142) 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 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the follolving boxes and complete the necessary information.) [ X ] Not later than five hundred five ( 505 ) calendar days from the date of commencement of the Work. [ ] By the following date: Init. AIA Document A101 —2017. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:08:53 ET on 06/18/2024 under Order No 4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts.com, User Notes: (910969142) § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. 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 six million, three hundred twenty-one thousand, eighty-seven dollars and 00/100 ($ 6,321,087.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item N/A Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be mel for the Oivner to accept the alternate.) Item Price Conditions for Acceptance N/A § 4.3 Allowances, if any, included in the Contract Sum: (Idents each allowance.) Item N/A Price § 4.4 Unit prices, if any: (Identf the item and state the unitprice and quantity limitations, if any, to which the unit price hill be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) $1,000.00 per calendar day until completion. § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued 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: Inst. AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017, All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 3 American Institute of Architects. This document was produced at 14:08:53 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts_com. User Notes: (910969142) § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 251h day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local laivs may require payment ivithin a certain period of time.) § 5.1.4 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. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 in accordance with AIA Document A201 T111-2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 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; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be ivithheld as retainage from each .Application for Payment. The amount of retainage may be limited by governing laiv.) Ten percent (10%) § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the ivithholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modificationsfor Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) After issuance of Certificate of Substantial Completion, Retainage shall be reduced to five percent (5%). AIA Document A101 — 2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 American Institute of Architects. This document was produced at 14:08:53 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is notfor t 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 docinfo@aiacontracts.com. User Notes: (910969142) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 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 Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 5.3 Interest 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.) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the 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.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ ] Litigation in a court of competent jurisdiction [ ] Other (Spec) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. AIA Document A101 — 2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 5 American Institute of Architects. This document was produced at 14:08:53 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts.com. User Notes: (910969142) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner's convenience.) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, entail address, and other information) Steve Ervin, Community Development Project Manager McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Marc Belluomini, Vice President of Sales Spinturf, LLC 146 Fairchild Street Suite 150 Daniel Island, SC 29492 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document AlO1TM-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A 101 T11'-2017 Exhibit A, and elsewhere in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance ivith AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and hoiv the system ivill be required to generate a read receipt for the transmission.) § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document AIOITm-2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A101T"'-2017, Exhibit A, Insurance and Bonds AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 6 American Institute of Architects. This document was produced at 14:08:53 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31 /2025, is not for l 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 docinfo@aiacontracts.com. User Notes: (910969142) .3 AIA Document A20iTM-2017, General Conditions of the Contract for Construction .4 (Paragraphs deleted) Drawings Number— Bid Package 1A Title Date Pages See Attached Index of Drawings 000117 -Index of Drawings February 20, 2024 6 .5 Specifications Section — Bid Package 1A See Attached Table of Contents .6 Addenda, if any: Number— Bid Package 1A Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Title Date Pages 0001100 -Table of Contents February 20, 2024 4 Date Pages February 23, 2024 16 March 11, 2024 102 March 14, 2024 12 March 21, 2024 93 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. 7 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit lvhere required.) [ ] AIA Document E204Tm-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents, AL4 Document .4201 TW -201 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of'Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Contractors Original Form of Proposal Exhibit - Cost Reduction List Bid Package lA-Field Turf Contractors Performance & Payment Bonds Contractors Certificate of Insurance Bid Package I - Index of Drawings Bid Package 1 A -Table of Contents AIA Document A101 —2017. Copyright(D 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 7 American Institute of Architects. This document was produced at 14:08:53 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (910969142) This Agreement entered into as of the day and year first written above. McCracken County Fiscal Court OWNER (Signature) Craig Z. Clymer, Judge Executive (Printed name and title) Sprinturf, LLC CONTRACTOR (Signature) Marc Belluomini, Vice President of Sales (Printed name and title) AIA Document A101 —2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 8 American Institute of Architects. This document was produced at 14:08:53 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (910969142) r - Document A2010-2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Paducah Sports Park —Bid Package I - Field Turf ADDITIONS AND DELETIONS: The author of this document has Paducah, Kentucky 42001 added information needed for its completion. The author may also THE OWNER: have revised the text of the original (Name, legal statzrs and address) AIA standard form. An Additions and Deletions Report that notes added McCracken County Fiscal Court information as well as revisions to the 300 Clarence Gaines Street standard form text is available from Paducah, KY 42003 the author and should be reviewed. A vertical line in the left margin of this THE ARCHITECT: document indicates where the author (Name, legal stales and address) has added necessary information and where the author has added to or Peck Flannery Gream Warren Inc. deleted from the original AIA text PO Box 510 This document has important legal 101 South Fourth Street consequences. Consultation with an Paducah, KY 42002-0510 attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES For guidance in modifying this 1 GENERAL PROVISIONS document to include supplementary conditions, see AIA Document 2 OWNER A503TM, Guide for Supplementary Conditions. 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE 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 Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 All rights reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts corn User Notes: (1429619300) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 2 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No 4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1429619300) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1. 1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos l 0.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for / resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentss Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1429619300) Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3. 1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9. 1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13. 1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 1 1.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 AIA Document A201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1429619300) Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 5 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.004248$55 which expires on 01/31/2025, is not for / resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1429619300) Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 6 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for l 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 docinfo@aiacontracts.com. User Notes: (1429619300) MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2,14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1. 1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3. l 7, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 AIA Document A201 —2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 7 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for N 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 docinfo@aiacontracts.com. User Notes: (1429619300) Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2,13.5, 14,15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 8 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com, User Notes: (1429619300) Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2,10.4,14.3.2,15.1.6,15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA Document A201 —2017- Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 9 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for I 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 docinfo@aiacontracts.com. User Notes: (1429619300) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 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 a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 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 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 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 complementary, and what is 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. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 10 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01131/2025, is not For 1 resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1429619300) § 1.2.1.1 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. § 1.3 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 retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the 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 E203Tm-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 E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document Init.AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 11 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts.com. User Notes: (1429619300) G202Tm-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. 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 a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 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 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 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. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 12 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 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. § 2.4 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 as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order 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 Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, 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. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. 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 Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 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 Architect in the Architect's 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 visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 13 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, 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 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. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconfonmities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 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. 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 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 notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects 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. § 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 approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. lnit, AIA Document A201 —2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AlA Contract Documents" are trademarks of The 14 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work 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. § 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 as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 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 and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect 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 that an equitable adjustment be made in the Contract Sum or Contract Time, or both. Ifthe Architect 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 and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 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 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. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 15 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 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 notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice 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 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. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the 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 perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 16 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com.. (1429619300) User Notes: delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 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 how 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 is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is 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 Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner 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 approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such 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 AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 17 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.com. User Notes: (1429619300) specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately 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 and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and 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. § 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 at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 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, or patching shall be restored to the condition existing prior to the cutting, fitting, or 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 or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with 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 and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 18 American Institute of Architects.. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for / resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1429619300) § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 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 3.18.1 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. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The 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. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the 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. § 4.2.3 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 promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 19 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals 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 Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety precautions or 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. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 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 Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 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 rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests 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. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 20 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for l 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 docinfo@aiacontracts.com. User Notes: (1429619300) 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 a Separate Contractor or the subcontractors of a Separate Contractor. § 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, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice 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 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 or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner 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 for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations 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 and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner 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 proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. Inst. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 21 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for J resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1429619300) When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such 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 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 SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The tern "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has 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 and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.21f part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. 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 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017- All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 22 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 6.2.5 The Owner and each Separate Contractor 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 If a dispute arises among the Contractor, Separate 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 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, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner 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. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect 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. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner 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. § 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 of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 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 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: AIA Document A201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 23 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts,com, User Notes: (1429619300) .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .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, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the 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. § 7.3.7 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. § 7.3.8 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 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 Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's 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 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 Architect will 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 may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. 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. Inst. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 24 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, 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 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 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. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 25 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is notfor f 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 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 supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 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, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations 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 Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and 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 Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 26 American Institute of Architects, This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1429619300) .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier 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 Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a 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 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 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 Architect and Owner 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 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 and suppliers to ascertain whether they have been properly paid. Neither the Owner 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. § 9.6.5 The Contractor's payments to 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. § 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. Init. AIA Document A201 —2017 Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 27 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/3112025, is not for I 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 docinfo@aiacontracts.com, User Notes: (1429619300) § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 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 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 al I Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect 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 Contractor's list, which is not sufficiently complete in accordance with 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 to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 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. § 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 Project. 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 shall 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, 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. Init. AIA Document A201 — 2017- Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and'AIA Contract Documents' are trademarks of The 28 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.41 D4249855 which expims on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 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 receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with 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 Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (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, and (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. 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, 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 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 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. 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. § 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 Init. AIA Document A201 — 2017, Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 29 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1429619300) .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 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 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. § 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 and 10.2.1.3 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 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 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 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, notice of the 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 or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the 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 and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 30 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 Which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1429619300) promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous 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 hazardous 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. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances 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. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 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. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 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. § 11.1.4 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 AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 31 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (1429619300) 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 Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. if the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents"' are trademarks of The 32 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. (1429619300) User Notes: The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. 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 Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the 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 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 Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 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 notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. 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. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 33 American Institute of Architects„ This document was produced at 10:03:15 ET on 06/10/2024 under Order No,4144249as5 which expires an 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (1429619300) § 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. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 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 of the Owner or Separate Contractors, whether completed or partially completed, 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. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, ifthe lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, 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 upon in writing. § 13.4 Tests and Inspections § 13.4.1 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 AIA Document A201 — 2017, Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 34 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1429619300) approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the 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 Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions ofthe 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 Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 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 Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. [nit. reserved. Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 35 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 14.1.41f the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect 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, seven days' 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. § 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. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, 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, 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, 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; and .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. Init. AIA Document A201 — 2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 36 American Institute of Architects.. This document was produced at 10:03:15 ET on 06/10/2024 under Order No,4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com_ User Notes: (1429619300) § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. 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, a change in the Contract Time, 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. This Section 15. 1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shal I be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall 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. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 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. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 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. § 15.1.6.2 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. Init. AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 37 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts.com, User Notes: (1429619300) § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. Init. AIA Document A201 — 2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 38 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for r 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. if such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 39 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1429619300) § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 40 American Institute of Architects. This document was produced at 10:03:15 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts com User Notes: (1429619300) r „!#,�,#„!'!!'M”,i~!,!!#,!#!!##ira*#i!!!•�+!*;##!!#sir#i#*#Oi! #i ii41�•a�lla+Baala+�aaa+#+�al+�aaa#�a+�►a+��"aa,�la��,�aaa �i+i!!!ai!!!!a!!ia!•!'a�!#•l+Baa#a*aa'�aaaai'�a�',��'a'�,��'a•raa i'�`!i!*!!♦!#r`i!*,!*+ils;l�`!'!!! i!## #!!!# s a i• a#* a A-1 JL A, JL JL 6I23 FAX: 843-284-8823 INFOCaSPRINTURF.COM!!!###!! 146 FAIRCHILD STREET, SUITE 150, DANIEL ISLAND, SC 29492i i # • * # ! ! Via!!#!!i•!*;#i;!!*,!a#!!i##moi!!!!#a!!#!##a##!ia!#!!!### MANUFACTURER QUALIFICATIONS #!!�►!! rte!!!!+!**!,!'!!,*,l+!0 is 0 i X11 ! # • ! i s � M ! • • � ! i # A • �► # • i • ! ! In i • �r • ! 1! ! ! • ! ! i ! f dL !_ _..a ik. —A&�. f, _ � ..01. Il –.. i ..aim_ Alb, AL _ Ab —f _A'" #. +. AL.. _. – - HISTORY -100% AMERICAN MADE & OWNED Sprinturf is one of the original artificial turf companies. Formed in 1998, this company has over 3,500 installations throughout the United States. In 2010, Integrated Turf Solutions (ITS), one of only two companies manufacturing artificial turf products in North America, united with Sprinturf, one of the most reputable turf marketers and installers in the country. The new Sprinturf became the FIRST fully integrated polyethylene turf company in North America - making it a world-class model, providing the best -in -class economics, logistics, quality, and service. LOCATIONS Charleston, South Carolina is home to Sprinturfs headquarters. Additionally, Sprinturf runs two manufacturing facilities, one in Chatsworth, Georgia, and the other in Dadeville, Alabama. The Dadeville facility extrudes an extensive selection of nylon, polyethylene, and polypropylene yarns, as well as the most recent slit film and spinneret monofilament yarns. The tufting and urethane coating processes for Sprinturf are in the Chatsworth, Georgia, facility. Over 3,500 fields in North America have received yarn and finished synthetic grass products from the Dadeville and Chatsworth factories combined. SPRINTt1RF 11E,1L3£]UARTE16 CAPABILITIES Sprinturf often completes projects on schedule, significantly exceeding the industry average of 60% to 70%. Within twenty-one (2 1) days of receiving approved submittals, Sprinturf can manufacture and deliver synthetic turf for this project. Sprinturf offers a manufacturer's warranty that is eight (8) years long and completely guaranteed by a third party because it oversees all aspects of testing and manufacturing. Additionally, Sprinturf is the only turf manufacturer that guarantees a minimum tuft bind of 10. For all yarns produced in Sprinturf facilities to date, there have been no fiber failures. Furthermore, Sprinturf offers SprintCare, a distinctive maintenance package. Sprinturf stands with you from the start (resin pellet) till your field is taken out ten years from now. Sprinturf provides the best pricing while making sure that all production conforms with all EPA and CPSC laws on heavy metals, etc. because there aren't many other players in the game. QUALITY In a variety of ways, the Sprinturf system is exceptional. We produce everything ourselves, therefore our top-notch quality procedures are built around prevention rather than detection. Additionally, the manufacturing facility for Sprinturf is ISO -9001 certified. All the fibers are produced domestically throughout America. Slit tape fibers have been produced by us since 2002, and spinerette monofilament since 2006. Eliminating imports of any kind gives Sprinturf a compliance edge with U.S. laws and regulations in addition to quality control. We completely manage the manufacturing process from the pellet to the completed good because we perform all the tufting and urethane coating ourselves. Additionally, we have a fully functional internal lab with Instrons, color cameras, UV weatherometers, and a Lisport accelerated wear tester. MANUFACTURING Sprinturf produces the highest -quality turf systems in the market thanks to its vertically integrated manufacturing process and unmatched quality control. Our two locations in Georgia and Alabama house manufacturing equipment valued at $35 million. Our yarn factory at Sprinturf produces the most recent monofilament and slit tape extrusion lines that create our U1traBlade and MX fibers. Sprinturf extrudes a variety of nylon and amkjpolyethylene yarns, including textured, dual -colored, and dual -shaped yarns. To create our yarns, we only employ resins and color concentrates of the finest caliber. Our innovative tufting and coating facility has been in operation since 2004 and is ISO -9001 certified. Sprinturf tufts and coatings a broad range of artificial turf products for use in landscape and sporting field applications. For all our turf systems, Sprinturf s unique urethane formulas provide industry-leading tuft binds. Compared to other companies, our custom created perforation system offers improved drainage rates (more than 60 inches per hour without infill). AMERICA Sprinturf has made significant investments in the United States and American workers. Only Sprinturf turf company that manufactures all the turf internally and in the United States. Sprinturf is an all-encompassing provider, beginning with the resin pellet and finishing with the installed field. Every job and every investment dollar are in the United States. We have more turf -related hard assets in the United States than the other three large turf corporations combined. SAFETY Out of all the playing surfaces, Sprinturf is one of the safes of any kind. Sprinturf employees would even create this playing surface for their own children thanks to its revolutionary patented 100% all -rubber system, standard rubber, and sand mix. Additionally, the polymers utilized in the production of Sprinturf synthetic turf products are bought from reputable firms like Dow and Exxon and have been examined and determined to be compliant with California's strict Proposition 65 regulations. FINANCES & BONDING One of only four national synthetic grass companies, Sprinturf is the only one to own all its $50 million -plus American manufacturing facilities. The two biggest resin suppliers in the sector, Exxon and Dow, have long-standing supply and research partnerships with Sprinturf. The annual manufacturing and supply capacity of Sprinturf exceeds 25 million square feet. Comprehensive commercial general liability, auto, liability, and workers' compensation insurance are all carried by Sprinturf. In addition, with a $10 million per field limit and a $10 million annual aggregate coverage, its third -party insured warranty is the finest in the market. For your reference, copies of its liability insurance certificate(s), third - party warranty, and sample warranty are supplied here. We are happy to report that Sprinturfs surety is prepared to support contract performance and payment bonds on individual projects up to $7 million and aggregate work programs of $50 million and would be open to considering higher limits if necessary. This is based on Sprinturfs experience, financial stability, and management team. MADE AND MANUFACTURED IN THE USA Your field is 100% Made In America. This means that Sprinturf is not effected by shipping issues. FIBER - CERTIFICATE OF ORIGIN Sprinturf will provide you with a Certificate of Origin (CO) declaring that your field was manufactured in the US. htlps4l/www chp.gov/sites/default/files/assets/documents/2023-Jan/CBP%2OForm%200434.pdf ISO CERTIFIED FACTORY Our ISO certified factory, in the US, monitors and ensures the quality of the product you are buying. IN-HOUSE INSTALLATION CREWS In-house crews completing the chain of custody. Sprinturf in-house crews assure quality and consistency in every field we install. ISO- D 1 CER�TiIFIC�AiTI � ISO -9001 CERTIFICATION ISO -9001 is the international standard for Quality Management Systems (QMS), published by ISO (the International Organization for Standardization). In order to be released and updated, ISO -9001 had to be agreed upon by a majority of member countries so that it would become an internationally recognized standard, which means it is accepted by a majority of countries worldwide. QUALITY MANAGEMENT SYSTEM (QMS) The Quality Management System, which is often referred to as a QMS, is a collection of policies, processes, documented procedures and records. This collection of documentation defines the set of internal rules that will govern how your company creates and delivers your product or service to your customers. The QMS must be tailored to the needs of your company and the product or service you provide, but the ISO -9001 standard provides a set of guidelines to help make sure that you do not miss any important elements that a QMS needs to be successful. d0JMr9_%� Our dedicated high-speed tufting machines and polyurethane coater are in our ISO -9001 certified Chatsworth, GA facility. CERTIFICATE Sprinturf, an Integrated Turf Solutions W Company Q 7991nduslna1 BWd Chatsworth, GA 30705 United States ISO 9001:2015 ;j ►$►e Ma.a9�9 Pmcw ausness bsu.ense "' oercan c<m�a'L u:. Sprinturf first became ISO -9001 Certified in 2014. We are listed in 2% of companies worldwide that passed the ISO -9001 audit with ZERO non-compli- ance in the first attempt. ISO -9001 CERTIFICATION BENEFITS The ISO -9001 standard is recognized worldwide and you can be confident that Sprinturf: • Minimizes mistakes • Improves reporting and communications • Provides better quality products and service • Has reliable production scheduling and delivery • Standards are maintained by annual assessments n 0m ;• �` -n m v b ao � h CO) 21m n y �a a -i m Z N o c N �C-)° bho� n J No � State S.F. 91,300 SPR NTURF COMPLETED Completed Project Name 12/11/2023 Woodford County HS 23-S-KY042 INSTALLATONS City Versailles 11/24/2023 Ohio County Schools - Baseball Field 23-S-KY030 Hartford 7KY 126,200 11/22/2023 Ohio County Schools - Softball Field 23-S-KY030 Hartford 126,200 10/31/2023 South Laurel High School Baseball & Softball Synthetic Turf 23-S-KY148 London KY 145,900 10/27/2023 North Laurel High School Baseball & Softball Synthetic Turf 23-S-KY146&147 London KY 149,700 8/11/2023 Lincoln Co HS Field Improvements KY 23-S-KY070 Stanford KY 90,200 7/26/2023 Lawrence Co High Footbal I - Soccer 23-S-KY017 Louisa KY 101,500 7/26/2023 Asbury University - 23-S-KY01 6 Wilmore KY 116,000 7/14/2023 Henderson Sports Complex 23-S-KY139 Henderson KY 102,326 7/5/2023 Ohio County Schools - Football Field 23-S-KY030 Hartford KY 126,200 5/25/2023 Taylor Co High School Indoor Practice Facility 22-S-KY156 Campbellsville KY 18,000 8/22/2022 Union College 22-S-KY090 Barbourvile KY 98,280 8/15/2022 Eminence Athletic Field - 22-S-KY099 Eminence KY 98,000 7/20/2022 Shelby Valley HS KY Sports Field replacement 22-S-KY102 Pikeville KY 101,200 7/15/2022 Knox County Schools KY - 22-S-KY1 33 Corbin KY 182,300 7/11/2022 Estill County High School Irvine KY 79,800 6/24/2022 Pulaski County HS 22-S-KY064 Somerset KY 171,557 10/13/2020 Betsy Layne - 20-S-KY03 6 Stanville KY 27,070 9/29/2020 Taylor County HS - 20-S-KY063 Campbellsville KY 137,220 7/31/2020 North Laurel High School - 20-S-KY069 London KY 91,500 7/23/2020 Boyd County High School-19-S-KY097 Ashland KY 100,000 5/15/2020 Bardstown High School - 20-S-KY003 Bardstown KY 91,080 8/1/2019 Daviess County High School -18 -S -KY -103 Owensboro KY 115,416 8/1/2019 Apollo High School-18-S-KY102 Owensboro KY 108,344 8/30/2018 Kentucky Wesleyan College Football Field Owensboro KY 83,996 8/30/2017 Rowan County High School Morehead KY 77,840 12/1/2016 Owensboro Middle School Owensboro KY 86,750 7/28/2014 Magoffin High School Salyersville KY 83,900 8/16/2013 Elizabethtown Independent High School Elizabethtown KY 79,000 7/26/2013 Perry County Athletic Complex Hazard KY 88,800 CS �. $ � ;� 2. \ k / � # � 2 � � k .2• k 2 \ 2 � o Q4 % § e \� On � 2 © � � L-1 & ƒ �• n @ � � � � ik, � � CNA URE7 L, One Towne Square, Suite 1075 Southfield, MI 48076-3732 January 29, 2024 RE: Sprinturf, LLC — Letter of Bondability We are providing this information at the request of our principal. We have been providing surety bonds for Sprinturf, LLC since 2020. We have approved bonds for them covering jobs up to $8,000,000.00 and potential work programs of $60,000,000.00. We continue to be confident in Sprinturf, LLC ability to perform and we recommend them for your favorable consideration. This letter is not to be construed as an agreement to provide surety bonds for any particular project, but is offered as an indication of our past experience and confidence in this firm. Any specific requests for bonds will be underwritten on its own merits. Western Surety Company is listed on the U.S. Treasury Department's List of Approved Sureties (Department Circular 570) and is rated A (Excellent) with Financial Size Category of XIV ($1.5 Billion to $2 Billion) by A.M. Best Company. Sincerely, Western Surety Company Theresa J Foley Attorney -In -Fact ,�NLuu�q �� aero �s�T ol�d`� F "'4'+IINn1�N Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Vicki S Duncan, Kristie A Pudvan, Judy K Wilson, Nicholas R Hylant, Individually, of Toledo, OH Susan E Hurd, Individually of Dublin, OH Jamie Laurencelle, Jennifer A Jarosz, Kathy S Zack, Michael Schatz, Individually, of Troy, MI Lisa M Wilmot, Sarayu S Nair, Individually, of Ann Arbor, MI Theresa J Foley, Jacksonville, FL its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of May, 2022. suRrr WESTERN SURETY COMPANY w tp4p OR,q�`�'dp� � f�SEAV� 'of ON aul T. Bruflat, Vice President p State of South Dakota ss County of Minnehaha On this 23rd day of May, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expiresM. BE '+ M. BENT NorARYPUBUC ,' March 2, 2026 ; s SOUTH DAKOTA sEw i M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this29th day of January 2024 °"s"-R`rrw, WESTERN SURETY COMPANY € �' va3 s SE AWrp�r L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. SPRINTURF PREQUALIFICATION STATEMENT Sprinturf, LLC P1ayCore Wisconsin, Inc. 146 Fairchild Street, Suite 150 Daniel Island, SC 29492 Telephone: 843-936-6023 Fax: 843-410-5712 Website: www.sl2rinturf.com SPRiINTURF" A PLA CORE Company RE: PREQUALIFICATION STATEMENT FOR FURNISHING SPORTS SURFACING & INSTALLATION SERVICES To whom it may concern, The Sprinturf Division of P1ayCore Wisconsin, Inc., in collaboration with your local Sprinturf regional sales representative, seeks to prequalify as a manufacturer of athletic sports turf surfacing. Additionally, we are positioned to provide installation services through our network of factory -trained direct and certified installers. As this submittal attests, Sprinturf is fully qualified to provide the necessary equipment and services to fulfill the requirements of the most demanding project. Sprinturf has been installing sports surfacing fields continuously since 1998. The Sprinturf Division is a vertically integrated company with extensive design, manufacturing, distribution, and installation capabilities. With two manufacturing facilities devoted solely to the manufacture of sports surfacing, Sprinturf is well equipped to handle orders of any size. Seasonal weekly production under the P1ayCore umbrella can exceed $5,000,000. Daily inventory often exceeds $6,000,000. Sprinturf does all yarn extrusion, twisting, texturizing, tufting, and coating "in-house". Once an order is entered, Sprinturf is ready to deliver equipment to its customers within 21 to 30 days. Sprinturf currently employs 400+ people to design and manufacture commercial artificial turf sports surfacing materials. The staff includes industrial designers, product managers, structural engineers, a landscape architect, and one CAD operators in the product development, design, and processing groups. Additionally, several consultants collaborate in key areas. PlayCore products are distributed in the United States by a network of 13 domestic independent sales organizations employing 130 sales and 98 support personnel. Seventeen international distributors market P1ayCore products worldwide. P1ayCore conducts "GT College" annually and holds seminars throughout the year to disseminate the latest in product improvements and new design directions, computer technology, safety compliance, risk management, installation techniques, ADA requirements, and related topics. Staffmembers are CPSI-certified playground safety inspectors. Sprinturf provides local on-site playground design services utilizing laptop computers with exclusive GTCAD programing; furnishes CPSI safety audits; equipment selection consultations; safety surfacing materials; and installation by "factory -certified" installers for complete "turnkey" packages. On average, Sprinturf sales agencies have been serving customers for 23 years. Chartwell Investments acquired all issued and outstanding shares of P1ayCore stock in April 2000, and the company became privately held. Irving Place Capital (formerly Bear Stearns Merchant Banking), together with the company management, purchased P1ayCore in February 2007. On May 30, 2014, P1ayCore was acquired by Sentinel Capital Partners, a New York middle -market private equity firm which subsequently sold the company to Court Square Capital PartnershUps://www.courtsq.uare.com. P1ayCore product sales for 2023 are expected to exceed $900,000,000. P1ayCore is a leading designer, manufacturer, and marketer of a broad range of commercial playground and park equipment, safety surfacing, site amenities, fitness, and related products. P1ayCore currently operates in seven distribution locations, four Page I 1 SPRINTURF PREQUALIFICATION STATEMENT core manufacturing facilities; and ten specialized manufacturing sites. Registered in Delaware, Sprinturf division headquarters relocated to Daniel Island, South Carolina U.S.A. in 2018. In October of 2023, P1ayCore Wisconsin, Inc., acquired Sprinturf, LLC. The P1ayCore Federal Identification Number is 39-1720480; the DUNS Number is 006639710; and the CAGE Code is 84308. We submit this as verification that Sprinturf is financially sound, experienced, and well positioned to provide a full -solution, total turnkey package for sports surfacing and related services from design to final inspection. As a privately held company, Court Square Capital Partners refrains from the distribution of financial data on segments of its investment portfolio that may be subject to public disclosure. Should further financial particulars on P1ayCore be necessary, kindly contact Ms. Joni Manley, Vice President of Finance and Accounting, 423-648-5890, jmanley@playcore.com. We certify the information submitted herein is true and correct. SPRINTURF DIVISION Sincerely, Kyle Home Vice President of Finance Sprinturf, LLC khorne@sprinturf.com 843-936-6009 Page 12 March 26, 2024 McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 RE: Statement of Patent Non -Infringement & Quality Assurance Sprinturf certifies that the proposed synthetic turf system, materials, details and/or installation methods do not violate any manufacturers' patents or patents pending. It is the intent of this Section not to infringe upon any existing patents, licenses or rights of individuals or companies. A copy of Patent #5,976,645 can be provided upon request. This letter is to certify that Sprinturf s proposed turf system will meet and exceed all specific requirements of the project. Sprinturf, as both the manufacturer and installer of this turf system, is committed to providing the highest quality turf product and service. We pride ourselves on the continued excellent service in all services we provide to our clients. Upon approval of the synthetic turf system, Sprinturf shall hold the Owner and Architect harmless as to any liability and/or costs of any type, including but not limited to, legal costs, royalties, replacement costs, etc. associated with any patent infringement claim from our materials and/or installation. Sincerely, vaw-lgxl�l" Daniel Dietrich Chief Estimator C LTTIGA'T'I+[ N Nothing is currently pending or, to Sprinturfs knowledge, threatened against or affecting the Sprinturf Group, the Business, any of the Assets, or any of the transactions contemplated by this Agreement ("Litigation"), and to Sprinturfs knowledge, there is no basis for any Litigation. This applies to all actions, suits, investigations, claims, or proceedings, whether civil, criminal, or administrative. There have been no ongoing legal disputes between Sprinturf and any third parties in the last ten years preceding March 26, 2024. INSTALLER QUALIFICATIONS +► e � r � • � � � r r i � r r +� +� � r � � � s r +� � , r�r"�r�r#��r�"�r�"+�'�•r*r*•+r�•+��r��'`��r�rrr•+r**'r��*��'rr�" �,r�,�r,���,��r�,�,��,r�r�,��,��,������r�rrr�r�rre�•�r��,��r��a i,�l�i# ii#!'�+�':^#••iii,i"�i#f•#ii'�#M i#i'�"i'�i#'•i•#"lwii�`ii`##`d • #� +# • i� • • # s • i i • s i s • • f # • • i • # • w #�••iii•#�##�#iiii*i0�*i'�•#�•i;••i'•�iiiiifir s##� TY AYDIN VICE PRESIDENT OF FIELD OPERATIONS 31 YEARS IN THE INDUSTRY SPRINTURF, LLC 88 Hogback Road, Pittstown, NJ 08867 PROFESSIONAL EXPERIENCE Phone: 201.481.0412 SPRINTURF, LLC - Vice President of Field Operations 2012 - Present Email: taydin@sprinturf.com IC IMPROVEMENTS INC - Project Superintendent/Foreman 1996-2010 IC IMPROVEMENTS INC - Installations Director 1992-1996 RECENT PROJECT EXPERIENCE ✓ John Handley High School J Tomlinson Middle School ✓ West Homewood Park Athletic Complex J Sparta High School Athletic Complex ✓ East Ash Multi -Sport Complex Fields (2) J Lasalle University - McCarthy Stadium J Webb Bridge Park J Gustavus Adolphus College Baseball Field J Libbey High School Baseball Field J Thomas Jefferson Hs Stadium and Practice Field ✓ Lovell Field ✓ Thomas Jefferson Hs Stadium and Practice Field Rowan ✓ Smith Playground Ball Field County High School J University Of Nevada - Reno Peccole Baseball Field J West Jordan High School ✓ Mt. Vernon High School Field J Albertus Magnus High School Multipurpose Field J New Mexico Highlands University ✓ St. Croix Prep Athletic Fields J Nova Classical Academy J Franklin High School ✓ North Haven Middle School (East and West Field) J North Andover High School ✓ Bethel University Baseball Field ✓ Mt. Vernon High School J Chaska Middle School Multipurpose Dome & Field J Rye Brook ✓ Bear Brand Park Baseball Fields (2) J Waunakee High School Warrior Stadium J G.E.T. High School Athletic Playing Fields (3) J Tc Roberson J Eglin Air Force Base J O.M.M. Soccer Field J West Valley High School J Klahowya Secondary School J Hardeeville Recreation Complex Field J Maconaquah High School J Marymoor Park Fields (4) J Kutztown University Andre Rison Stadium Bishop J Arrowhead Union High School Stadium Hendrickson High School J Cameron HS Synthetic Turf Multi -Purpose Field J Clovis High School J Bishop Monague Catholic High School Fields (2) J Ums-Wright Practice Field ✓ Josie De La Cruz Big Springs Athletic Facility J Orange Bowl Field at Harris Field Park ✓ West Manchester High School J Harding High School (2 Fields) ✓ Hillside School J Ardrey Kell ✓ Northwest High School J Northeast High School J University of Pittsburgh - Recreation J Palmdale Aerospace Academy J Lovington High School Football Field J City of Magee Sports Complex Fields (8) J Apex Lutz Sports Complex & Long Lake Park J ML Ayr Community High School Football Field J John Ansford Park J New London Spicer High School J Vernon Hills School - Glodis Field ✓ The Citadel Practice Field J Hilton Head County Park J Lutheran Secondary Multi -Purpose Field J Carl Sandburg Middle School J Sayville Middle School J Northwestern High School Fields (3) J Waconia High School ✓ Mooresville High School Softball Field J Burke - Toney Stadium J Westfield High School Soccer Field J Mississinewa High School - Football & Track Stadium J Knights of Columbus Field J Nichols College J Wethersfield High School Cottone Field (2 Fields) J Irvington Community Park J Southwestern High School Mustangs Stadium J Boyle Road Field J Old Van Asselt Elementary School & Whitman Ms Fields (2) J Carlsbad Hs Football, Softball and Baseball Fields J Waupaca High School City of Joplin Baseball Stadium J Cedar Crest College Falcon Plex Field ✓ Complex Middletown South High School J Doral Meadows Park Fields (2) DUS ■ I! Y MA TFILilli INSTALLATION FOREMAN/SUPERVISOR SPRINTURF, LLC Phone: 330-353-0859 Email: dmartelli@sprinturf.com RESPONSIBILITIES & HIGHLIGHTS Dustin has over 25 years of experience in the industry, beginning in 1996 when he spent four years as a Project Foreman for IC Improvements Inc. In 2011, Dustin came to work for Sprinturf and is now an Installation Foreman and Supervisor in the Northeast and Central Regions of the US. PROFESSIONAL EXPERIENCE 2S YEARS IN THE INDUSTRY REFERENCES DONNA KUKAROLA, Forsyth County 770-888-8872 PETER SPANOS, North Andover Public Schools 781-335-6465 DEBORA WESTBROOK, Procurement Director, City of Alpharetta 678-297-6050 SPRINTURF, LLC - Installation Foreman/Supervisor FRANK PAYNE, Director, O.M.M. Athletic Club, Inc 2011- Present 914-263-3904 IC IMPROVEMENTS INC - Project Superintendent/Foreman 1996-2000 RECENT PROJECT EXPERIENCE St. John's University — Clemons Stadium, MN Fowler Park, GA Southwest Minnesota State, MN West End High School, AI Steubenville High School BB/SB, OH Eastbrook High School, IN Harman Baseball Field, IN Westbrook Christian School FB/BB, AL Wylie E Groves HS, MI Tuskegee University Football, AL Allen Park High School, MI Duncan Creek Park, GA St John's University Clemens Stadium, MN Washington High School Baseball/Softball, MO Ceraland Park, IN Tega Cay, SC Loris High School, SC West Ottawa High School, MI Allen Park High School, MI Carolina Forrest HS — Horry County, SC Deaconess Sports Park, IN Delta High School, IN Dawson County Soccer, GA Episcopal Day School, GA Hartman Baseball Field, IN Heath Springs Soccer Complex, SC Shelton High School, CT Canon -McMillian High School, PA Atlantic Coast Athletic Club, VA Olympic Soccer Center, WA Jesuit College Preparatory School, TX CERTIFICATIONS & TRAINING OSHA 10 & First Aid Certified Randall's Island Park (5 fields), NY Cobb County Park (8 Fields), GA Webb Bridge Park, GA Dexter High School (2 Fields), MI Cascade High School, IN University of Wisconsin -Oshkosh, WI University of Wisconsin -Green Bay, WI North Park, GA Middletown South High School, NJ Farmington Public Schools (2 fields), MI Bartholomew East & North High Schools, IN Ball State University, IN Roncalli High School, RI Bishop Hendrickson High School, RI Albertus Magnus High School, NY Harrison High School, IN McCutcheon High School, IN Sumner High School, WA Sandy High School (3 Fields), OR St. Mark's School — Clark Field, MA Middletown High School North, NJ Susquehannock High School, PA Super Dome Outdoor Field, NJ Ambridge Senior High School, PA The SportsZone, NH Tiffin City Schools, OH Garland Independent School District, TX Gatesville Independent School District, TX Metuchen High School, NJ Chambersburg Area Senior HS, PA Orangetown Mighty Midgets — Orangetown, NY Bald Eagle Area High School, Wingate, P/ Lutheran Secondary Multi -Purpose Field IN Rye Brook Field, NY Rumson-Fair Haven Regional High School, NJ Holmdel High School — Holmdel, NJ Matawan Regional High School, Aberdeen, NJ East Region All -Weather Fields, Dartmouth, NH North Andover High School, MA Teaneck Armory Soccer Coliseum, NJ Good Sports USA — Wall, NJ West Orange HS Lincoln Field, NJ Catholic Memorial High School, MA University of Montana Grizzlies Stadium, MT Tri -States Sports, PA Karns City High School, PA Union Town High School, PA Santa Maria Valley YMCA — Santa Maria, CA Belmont High School, MA March 26, 2024 McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 RE: Supervisory Personnel Letter Sprinturf, LLC certifies that the designated Supervisory Personnel (installation foreman) on the project are fully competent, trained, experienced, and certified in the installation of specified slit -film material, including sewing seam and proper installation of the infill mixture. Please feel free to contact me at our corporate office for any questions or clarifications regarding this letter_ Sincerely, X�� a-1261" Daniel Dietrich Chief Estimator TURF PRODUCT INFORMATON #�►•i!i*�i•O!*�♦�!itiiiFi�l�i,ii#i[E*il*i!i!�!##XPi•#�#!#. �,l4 di �, � �,* P!fi#�,Yi`A!#i►#�,il+0'4i¢!#!ii*!r!i!•iA#1�i�iili! iliMiii Pii ##�••i• #ii�Ri� iiili� � Piliill�iil+**##i i!#•liiiifiiiiiiili�i!!#�1ilFiii�/#iri i • i!#•!#'�"Mi##,,,!*l,iiPiil,*iil�i!###i#i#i!#iiilPel�lils i*i#Pili!!!i,*i!i##,;�,ii!!###!f!i!i•#;ifi�#■*#*i!•###^! iiwiii #dill i liiiiififi�ui!!!a iliii!!!!il i i ! • • • • # i i # i f • ! i l # ! ! ! # i i ! •l •il#liiil#l•■iPili!!l#1ilii!'i#'ii'!'i#*"+i'!#i!'Mi'`i,!!, ! i i l • l i • ! ! i l i i i # i i i f ! * ! ! � � �! # l P r l fF P' i ! l ! ! ! 1i i +! # i iF ! l i i i • NIF ! i • * iM i ! • ! i i ! ii ■ !f► i • # # M P P I Sprinturf has the most dual fiber fields in the nation. DFE Extreme fields feature a 330 micron plus monofilament and a 120 micron plus slit film. Exclusively made in-house and in America. 1 9 � The combination of monofilament and parallel -fibrillated FJLer fibers interlock to nearly eliminate infill flyout — a common Fiber complaint amongst athletes, coaches, and parents. The FiberlDenier 10-000)10.800 available two color configuration provides stunning Film ThicRnns 120 Micron 1330 Mic aesthetics. Sprinturf DFE Extreme fields feature two unique polymer technologies. State of the art C8 monofilament resins from Dow and Nova are married to a proprietary metallacene slit film resin from Exxon. The combined product featuring the greatest polymer suppliers in the world provide unmatched durability with exceptional resilience, playability, and safety. AVAILABLE WITH OR WITHOUT THATCH ZONE — TOLL FREE: 877-686-887 - FAX: 843-410-5712 146 FAIRCHILD STREET, SUITE 150, j �' DANIEL ISLAND, SC 29492 �, �► T=STING SE, V1 E CLIENT. Com an : S rinturf Address: 146 Fairchild Street Suite 150 Daniel Island, SC 29492 a.rwuVssh w Vss w a w -U s s1LLr Vws w Report # 90931 Lab Test Number: 3354-3211 Report Date: February 16, 202; - -- T95TSV!"AR) www.testingservices.us • (706)226-1400 office@testingservices. us TCCT ILIA TCAfA l , Date Material Received: bruary 3, 2023 Material Type: Synthetic Turf Material Condition: Excellent, New Material ID: 42 oz DFE 2.0" Test Overview. Testing Services was instructed by the client to perform fiber, construction, and performance analysis on a submitted finished synthetic turf roll identified as: 42 oz DFE 2.0" in accordance with ASTM, EN, FIFA, or otheraccredited test methods outlined in the project specification. Method Test Description Yarn Analysis Test Result 10,000 Slit Film 10.800 Monofilament ASTM D7138 Method 2 Standard: ASTM D7138 Test Method: Standard Test Method for Determination of Meltin Tem eratures of Synthetic Fibers Fiber ID Standard: ASTM D1907 Test Method: Standard Test Method for Liner Densily of Yam bZ the Skein Method am Denier Standard: ASTM D3218 Test Method: Standard Test Method for S ecifrcalion ofPa olefin Mowfdaments Ribbon Thickness& width Standard: ASTM D2256 Test Method: Standard Test Method for Tensile Properties of Yams by the Si le Strand Method am areakiq Strength0ongationj Standard: ASTM F2765 Test Method: Standard Specification for Total Lead Content in Synthetic Turf Fibers Lead Content Standard: ASTM D5848 Test Method: Standard Test Method for Mass Per Unit Area of Pile Yam Floor Coverings a hts: Total, Face, Primary, Secunda Standard: I ASTM D5823 Test Method: Standard Test Method for Tuft tie' ht of Pile Floor Covenn O He ht above Backing) Standard: ASTM D5793 Test Method: Standard Test Method forBinding Sites per Unit Length or Width of Pile Yarn Floorcoverin Stitch & Gauge Carrot Standard: TSI Internal Test Method: cln Perforation Spacing end Diameter Erainage Hole Spclnyj Standard: ASTM D1335 Test Method: Standard Test Method for Tuft Bind Slrenglh of Pile Yam Floor Coverin uft tock Standard: ASTM D5034 Test Method: Standard Test Method for Breaking Strep Ih of Textile Fabrics Grab Tear Strep th Standard: ASTM F1551 Test Method: Standard Test Methods for Comprehensive Characterization of Synthetic Turf Playing Surfaces and Materials: Suffix - DIN 18-035, Part 6: Water Permeability of &nlhelic Turf Systems and Permeable Bases aver Permeabili Standard: ASTM D2859 Test Method: Standard Test Method for 1 ninon Characteristics of Finished Textile Pile Yarn Flootcoverin s Pill Flammabiff Standard: ASTM F1015 Test Method: Standard Test Method for Relative Abrasiveness Index of Synthetic Turf Playing Surfaces Abrasiveness Method Test Description Yarn Analysis Test Result 10,000 Slit Film 10.800 Monofilament ASTM D7138 Method 2 Fiber Melt Point, Identification 120°C Polyethylene 119°C Polyethylene ASTM D1907 Denier 10,248 11,128 ASTM D3218 Ribbon Thickness 128 microns 310 microns Ribbon Width 0.361" 0.043" X 6 ends ASTM D2256 Average Yam Breaking Strength 35.71bs/force 17.6 lbs/force Average Yam Elongation @ Break 112.6% 77.6 ASTM F2765 Total Lead Content 10.3 mg/Kg 3.08 mg/Kg Testing Services (TSI) LLC 817 Showalter Avenue Page 1 of 2 PO Box 1343 Dalton, GA 30721 UR LETTERS AND REPORTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY INDICATIVE OF THE QUALITIES OF APPARENTLY IDENTICAL OR SIMILAR PRODUCTS. THESE LETTERS AND REPORTS ARE FOR THE USE ONLY OF THE CU ENT TO WHOM THEY ARE ADDRESSED AND THEI COMMUNICATION TO ANY OTHERS OR THE USE OF THE NAME TESTING SERVICES, INC. MUST RECEIVE OUR PRIOR WRITTEN APPROVAL. OUR REPORTS, LETTERS, NAME, SEALS, OR INSIGNIA ARE NOT UNDER ANY CIRCUMSTANCES TO BE USED IN ADVERTISING TO THE GENERAL PUBLIC. T=STING -CEFavViCES CLIENT. Company: f S rinturf Address: 146 Fairchild Street Suite 150 Daniel Island SC 29492 arauvau+■ vrfa a ■ w ■ Farr VEIL I Report # 90931 Lab Test Number: 3354-3211 Report Date: February 16, 202! www.testingservices.us • (706)226-1400 office@testingservkes.us TCCT AAA TC0111I , Date Material Received: February 3, 2023 Material T e: Synthetic Turf Material Condition: Excellent, New Material ID: 42 oz DFE 2.0" Method Test Description Construction Analysis Test Result ASTM D5848 Total Product Weight Pile Yam Weight Primary Backing Weight Secondary Backing Weight 75.9 oz/yd' 42,4 oz/yd' 9.20 oz/yd' 24.3 oz/yd' ASTM D5823 Average Tuft Height 2.00" _ ASTM D5793 Stitch Count 2.66 spi ASTM D5793 Gauge 3/8" ASTM D1335 Average Tuft Bind 15.6 lbs/force ASTM D5034 Average Grab Tear Strength: Length Direction 291 lbs/force ASTM D5034 Average Grab Tear Strength: Width Direction 290 lbs/force Method Test Description Performance Analysis Test Result ASTM F1551 Water Permeability (t) 65.3 inches/hr ASTM D2859-16 Pill Flammability (t) 8 out of 8 Pass Meets 16CFR 1630 (FF1-70) ASTM F1015 Abrasiveness Index (t) 30 ' Intlll System: 3U%a Sano, /U% HUDDerto oeptn orJomm We undertake all assignments for our clients on a best effort basis Our findings and judgments are based on the information to us using the latest lest methods available. TSI can only ensure the lest results fa the spedtic items tested. Unless olhamise noted in the deviations sections of this report, all tests are pedarmed in compliance vAth staled test method Test Report Approval: Ede Miles, III, Lab Director Testing Services {TSII LLC TSf Accreditation: Our laboratory is woredited by the US Dept of Commerce, N89anal Institute of Standards and Technology: IM1317075:2905. 0urcode Rsf NVLAP 100108-0. TSi is an Organizational Member of ASTM (American Society for Testing and Materials). TSi is a certified independent testing laboratory by the STC (Synthetic Turf Council). 4�C T L RF NV'A `` ❑G �� �: r N��r1tE4� Testing Services (TSI) LLC 817 Showalter Avenue Page 2 of 2 PO Box 1343 Dalton, GA 30721 UR LETTERS AND REPORTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY INDICATI VE OF THE QUALITIES OF APPARENTLY IDENTICAL OR SIMILAR PRODUCTS, THESE LETTERS AND REPORTS ARE FORTH E USE ONLY OF THE CLIENT TO WHOM THEY ARE ADDRESSED AND THEI COMMUNICATION TO ANY OTHERS OR THE USE OF THE NAME TESTING SERVICES, INC. MUST RECEIVE OUR PRIOR WRITTEN APPROVAL. OUR REPORTS, LETTERS, NAME, SEALS, OR INSIGNIA ARE NOT UNDER ANY CIRCUMSTANCES TO BE USED IN ADVERTISING TO THE GENERAL PUBLIC, Sprinturf's parallel long slit fibrillated fibers are featured in the most fields in the nation over 10 years old. Exclusively made in- house and in America. Sprinturf pioneered the Ultrablade parallel slit fiber system in 1998. Over 250 fields have been installed with Ultrablade since 2006 alone. The current Ultrablade slit fiber system features a proprietary Exxon metallacene resin. The 120 micron plus fiber provides unmatched durability. Tensile strengths average 40 percent higher than comparable Tencate XP fibers. Ultrablade routinely passes 100,000 plus cycles on Lisport accelerat- ed testing. Installations include University of Pennsylvania, Valdosta State University, and Ball State University. IPPIP" TOLL FREE: 877-686-887 FAX: 843-410-5712 146 FAIRCHILD STREET, SUITE 150, DANIEL ISLAND, SC 29492 T=STING 111111111W7 mar E RV I C ES CLIENT. Company: I S rinturf Address: 146 Fairchild Street Suite 150 Daniel Island, SC 29492 ttLJ`liJVttilll Vel ■ ■ LV * 0a1L.1F V0a I Report # 9093; Lab Test Number: 3354321 Report Date: February 16, 202; TESTSUMMAR! www.testingservices.us (706)226-1400 office@testingservices. us re3a}�.errrdrvuc Date Material Received: bruafy 3, 2023 Material Type: Synthetic Turf Material Condition: Excellent, New Material ID: 50 oz UltraBlade with PE Thatch 2.0" Test Overview: Testing Services was instructed by the client to perform fiber, construction, and performance analysis on a submitted finished synthetic turf roll identified as: 50 oz UltraBlade with PE Thatch 2.0" in accordance with ASTM, EN, FIFA, or other accredited test methods outlined in the project specification. Method Test Description Yarn Analysis Test Result 10,000 Slit Film ASTM D7138 Method 2 Standard: ASTM D7138 Test Method: Standard Test Method for Determination of Malfing. Temperatures of S thefic Fibers fiber 10 Standard: ASTM D1907 Test Method: Standard Test Method for Liner Density of Yarn b the Skein Method am Denier Standard: ASTM D3218 Test Method: Standard Test Method for Specification of Polyolefin Monofilaments Ribbon Thickness& Width Standard: ASTM D2256 Test Method: Standard Test Method for Tensile Pm etlies of Yams by the Si le Strand Method am Breaking 8t2n LVon ation Standard: ASTM F2765 Test Method: Standard S eOcaWn for Total Lead Content in Synthetic Turf Fibers Lead Content Standard: ASTM D5848 Test Method: Standard Test Method for Mass Per Unit Area of Pile Yam Floor Covens ei hts: Total, Face, Primary, Seconds Standard: ASTM D5823 Test Method: Standard Test Method for TO Height of Pile Floor Covedn(Tuft Height above sockin Standard: ASTM D5793 Test Method: Standard Test Method for Bin6nq Sites per Unit Len ih or Width of Pile Yarn Ftoorcoverin s Stitch & Gau a count Standard: TSI Internal Test Method: Perforation Spacing and Diameter (Drainage Hole Diameter ands srn Standard: ASTM D1335 Test Method: Standard Test Method for Tuft Bind Strength of Pile Yam Floor Coven uff Lack Standard: ASTM D5034 Test Method: Standard Test Method for Breaking Stren [h of Textile Fabrics Grab Tear Stfen th Standard: ASTM F1551 Test Method: Standard Test Methods for Comprehensive Characterization of Synlhe[ic Turf Playing Surfaces and Materials: Suffix - DIN 1$-035, Part 6: Water Parmeabilit of 5 nthetic Turf S slems and Permeable Bases(Water Permaabf Standard: ASTM D2859 Test Method: Standard Test Method for Ignition Characlerisfics of Finished Textile Pile Yarn Aborcoverin s Pill Flammability) Standard: ASTM F1015 Test Method: Standard Test Method for Relative Abrasiveness Index of Synthetic Turf Pla in Surfaces Abrasiveness Method Test Description Yarn Analysis Test Result 10,000 Slit Film ASTM D7138 Method 2 Fiber Melt Point, Identification 120°C Polyethylene ASTM D1907 Denier 10,248 Ribbon Thickness 128 microns ASTM D3218 Ribbon Width 0.361" ASTM D2256 Average Yam Breaking Strength 35.7lbs/force Average Yam Elongation @ Break 112.6 ASTM F2765 Total Lead Content 10.3 mg/Kg Testing Services (TSI) LLC 817 Showalter Avenue Page 1 of 2 PO Box 1343 Dalton, GA 30721 UR LETTERS AND REPORTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY INDICATIVE OF THE QUALITIES OF APPARENTLY I DENTICAL OR SIMILAR PRODUCTS. THESE LETTERS ANDRE PORTS ARE FORTH E USE ONLY OF THE CLIENT TO WHOM THEY ARE ADDRESSED AND THEI COMMUNICATION TO ANY OTHERS OR THE USE OF THE NAME TESTING SERVICES, INC. MUST RECEIVE OUR PRIOR WRITTEN APPROVAL, OUR REPORTS, LETTERS, NAME, SEALS, OR INSIGNIA ARE NOT UNDER ANY CIRCUMSTANCES TO BE USED IN ADVERTISING TO THE GENERAL PUBLIC. T=STING S E R V I C E CLIENT: Company. I S rinturf Address: 1 146 Fairchild Street Suite 150 Daniel Island SC 29492 yolk ■ K a_c7 ■ ■lLr %ono l Report # 40ci.j. Lab Test Number: e;i.i-1-A21 Report Date: February 16, 202. EMMEOLTESTSUMMARI www.testingservices.us • (706,1226-14000 office@testingservices. us TCCT AhATCr]1AI . Date Material Received: February 3, 2023 Material Type: S nthetic Turf Material Condition: Excellent, New Material ID: 50 oz I litrARIAde with PE Thatch 2.0" Method Test Description Construction Analysis Test Result ASTM D5848 Total Product Weight Pile Yam Weight Primary Backing Weight Secondary Backing Weight 78.59 oz/ydz 49.5 oz/yd' 9.20 oz/yd' 19.89 oz/ydz ASTM D5823 Average Tuft Height 2.0" ASTM D5793 Stitch Count 2.66 spi ASTM D5793 Gauge 3/8" ASTM D1335 Average Tuft Bind 13.7 lbs/force ASTM D5034 Average Grab Tear Strength: Length Direction 240 lbs/force ASTM D5034 Average Grab Tear Strength: Width Direction 296 lbs/force Method Test Description Performance Analysis Test Result ASTM F1551 Water Permeability (t) 65.6 inches/hr ASTM D2859-16 Pill Flammability 8 out of 8 Pass Meets 16CFR 1630 (FFI-70) ASTM F1015 Abrasiveness Index 26 I Infill System: 30% Sand, 10% Hubberto depth of:ibmm We undertake all assignments for our diems on a best effort basis Our findings and judgments are based on the information to us using the latest lest methods available. TSI can only ensure the lest results for the spedtic items tested. Unless otherwise noted in the deviations sections of this report, all tests are performed in compliance with slated lest method. Test Report Approval: Erle Mites, III, Lab Director TWN Services (TSI) LLC TSi Acaedita4an: Our labaralory Is uredsed by the LIS Dept of COMmaroe. Nalianal insfi uta of Standards and Techndagy-, ISOHEC 17025:2005. Our code # is: NVLAP 1001M. TSi is an Organizational Member of ASTM (American Sodely for Tesilin and Materials). TSi is a certified independerit testing laboratory by the STC (Synthetic Turf Council). KWULf, TESTIN"G r �,� 100108-0 Testing Services (TSI) LLC 817 Showalter Avenue Page 2 of 2 PO Box 1343 Dalton, GA 30721 UR LETTERS AND REPORTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY IN DICATVEOF THE QUALITIES OF APPARENTLY IDENTICAL OR SIMILAR PRO DUCrS.THESE LE17ERS AND REPORTS ARE FORTH E USE ONLY OF THE CLIENT TO WHOM THEY ARE ADDRESSED AND THEI COMMUNICATION TO ANY OTHERS OR THE USE OF THE NAME TESTING SERVICES, INC. MUST RECEIVE OUR PRIOR WRITTEN APPROVAL, OUR REPORTS, LETTERS, NAME, SEALS, OR INSIGNIA ARE NOT UNDER ANY CIRCUMSTANCES TO BE USED IN ADVERTISING TO THE GENERAL PUBLIC. LEFT TO RIGHT - COLORS SHOWN IN ORDER OF COLOR WHEEL • WHITE RED CLAY RED PURPLE MAROON CRIMSON* • YELLOW • BLACK • VEGAS GOLD ORANGE F.: J ;.r • GREY 0 FIELD GREEN* *COLORS NOT SHOWN ON COLOR WHEEL Please note that the colors represented in regards to this product may vary within industry standards from actual material. While reliable, these colors are intended only as an informational source for your benefit and do not constitute a warranty and/or guarantee. The Purchaser is still required to determine if the color of the actual material meets the individual needs of the Purchaser. NAVY BLUE f FLORIDA BLUE 0+91 LIGHT BLUE s. r GOLD • DENOTES NO UPCHARGE COLORS. ALL OTHER COLORS AVAILABLE FOR ADDITIONAL COST. March 26, 2024 McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 RE: In -House, All-American Company Sprinturf will act as installer and manufacturer on this project and will use all in-house employees for this project. Sprinturf certifies our in-house installation crews are trained and certified by Sprinturf to perform this installation. Sprinturf manufactures all our own polyethylene turf fibers at our own facilities that are in the United States, specifically in Dadeville, AL and Chatsworth, GA. Sincerely, Daniel Dietrich Chief Estimator WARRANTY &INSURANCE •*�iifl#ii■#p!•iiiii+�ii �'riliiia#•i+ii•#Y!!!�'##i•i�'i!i`i'� ####:#•iiiiiii,i•ii#A##i�,iiiii�!##i#+�##!ii!#!#�i#fi'�i� * i i ! # i ! i i i i • i A ! f # ! + r # ! i i ! r # ,� i i # i # ! # ! i ! ! i i ! i ! i ! # ! � ! r 1 r r s r ,� •!• r• a• +� r r w r r•!• • r r w r � # • r # ! i �! ! � r ! i +f i i ! ! i ! i * ! ! ! 4 1 * ,a_ ! AL Ark s a t a i s! AL s i i a i i A--�_ s AL , �. i s ti- i! �.i -AL �a SPH'i,INTURF6 A PL,4yCORE Company LIMITED 8 -YEAR WARRANTY Sprinturf warrants the synthetic grass turf field at the XXXXXXX for a period of eight (8) years from the date of substantial completion or "first use" (whichever comes first) against defects in the materials and workmanship provided including but not limited to, excessive ultraviolet degradation, loss of tensile strength, or excessive fading, as recognized by accepted industry standards. Sprinturf will, at its option, either repair or replace the affected area without charge to the Owner for the duration of the Warranty period. No cash refunds will be made. Sprinturf also warrants that the average G -Max level of its synthetic turf field will not exceed XXXXXXX for the duration of the Warranty period. Failure to follow the recommendations for proper maintenance of the synthetic grass turf field as outlined in our "Maintenance Guidelines" supplied to every customer at time of completion will void this Warranty. This Limited Warranty does not cover: f • Damage due to external causes including, but not limited to, the application of cheinicals ar cleaning agents, vandalism, fire, flood, fireworks, contamination, windstorm, acts of God, change in water table and unproper care. -Damage resulting from accidents, force majeure, misuse, abuse, and neglect or tiom other than normal and ordinary intended use of the Product. • Damage resulting from failure to maintain the Product in accordanceevwith the Maintenance Guidelines provided to the Owner. It will be the Owner's responsibility to keep a detailed log pfthe maintenance provided to the field including (a) date and time of maintenance, (b) personnel providing the maintenance and (c) the maintenance action taken. -All perceived or potential problems must be reported to Sprinturf headquarters in writing within 48 hours of the occurrence. Failure to do so will void this warranty. -Damage resulting from materials applied or laborperlorp ed, including, but not limited to, repair or attempted repair by anyone other than Sprinturf or an authorized Sprin--�tt thirdparty servtcepepon. -Use of improper footwear such as long spiked track shoesk andard plastic molded soccer, lacrosse, football, or baseball shoes are recommended. d to he Owner t7t s e resentative without the written approval of -Any recommendations by a thud party provide k �„ p pp Sprinturf, which would alter or change materials or workmarx�SMpt that were originally supplied or installed by Sprinturf. - -` • Damage attributable to normal wear A d.tear. as determined 'by acceptable standards in the synthetic turf industry. • Improper design of sub -base or drainage; system. The obligations of Sprinturf under the Warranty ar&sµbject to full payment of all monies due Sprinturf for materials and/or labor related to the above referenced projgct. This Warrapfy will be voided if any third party, contractor, or turf manufacturer other than Sprinturf performs any labor or service on tlie 'subject field. Sprinturf does not warrant recommendations, drawings, undocumented subgrade for engineer witnessed proof rolls or compaction tests, sp '`�'fic.ions,, or plans made by Owner or its design professionals, architects, or other representatives. This Warranty is li j ited to the remedies cif repair or replacement, which shall constitute the exclusive remedies available, and all other rerne that, might otherwise be available are hereby waived by the Owner. Sprinturf will also not warrant any fielgraatn;xg tines have been used. Sprinturf shall have no othesgiians or liability for damages arising out of or in connection with the use or performance of the product including, but not 1imiM to, damages for personal injury or economic losses. Sprinturf disclaims liability for incidental and consequential damages for breach of any express or implied warranty, including any implied Warranty of merchantability, with respect to the product. This Warranty constitutes Sprinturf's entire obligation. All other prior written or oral agreements or drafts of agreements between the parties pertaining to the subject matter of this Warranty are superseded and of no force and effect and may not be used as evidence in interpreting the provisions of this Warranty. This Warranty is a Supplier's/Manufacturer's warranty. Any surety bond posted by ITS Sprinturf Holdings, LLC and/or Sprinturf, LLC to Owner/Obligee for the securitization of bid, performance and payment obligation does not guarantee any obligation contemplated in the warranty. Date of Substantial Completion: By: Justin Reddy, President Date: Date: Client#: 1545824 ITSSPR DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 11/29/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services, LLC FAX PA/C %H°NF�rI 704 543-0258 AIC No): 6100 Fairview Rd Ste 1400 E-MAIL ADDRESS: Charlotte, NC 28210 INSURER(S) AFFORDING COVERAGE NAIC it 704 543-0258 INSURER A: Summit Specialty Insurance SURPLU INSURED INSURER B: Validus Reinsurance LTD SURPLU Sprinturf, LLC INSURER C 146 Fairchild Street Suite 150 INSURER D Daniel Island, SC 29492 INSURER E INSURER F: -VIM/ AI = r.0 RM0=K3. RFVICInNI NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE URED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR R DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P0LIC1ESffCC1liIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE PAIL,),IWAIMS. LTR J TYPE OF INSURANCE ADDRL ,SVUBR POLICY NUMBER MM/DDIYYY OWI YYY LIMITS COMMERCIAL GENERAL LIABILITY IV CH OCCURRENCE $ DA I�, O RENTED PREMIS Ea olxurrence $ CLAIMS -MADE LIOCCUR MED EXP (Any one person) $ 9PERSONAL Is &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ PRO POLICY ❑ JECT LOC $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT fE a gligann$ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per a ent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY ANY PROPRiETOPIPARTNER/EXECUTIVE Y / N OFFICEWMEMSER EXCLUDED? (Mandatory in NH) N 00 :P- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT $ A Products Recall CMR0000011401 7/15/2023 07/15/202 $5M Policy Period Agg B Products Recall CMJ332439A23 7/15/2023 07/15/202 $51VI/Excess Primary $5M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Confirmation of Coverage CERTIFICATE HOLDER L;AI UMLLA I1VIv Sprinturf, LLC 146 Fairchild Street Suite 150 Daniel Island, SC 29492 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE P G 6111- @ 1988-2015 .A.JI1- ©1988-2015 ACORD CORPORATION. All rignts reservea. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S42701928/M40823488 BADE4 USA, Date: 7/17/2023 USI Insurance Services 61oo Fairview Road, Suite 800 Charlotte, NC 28210 Direct: (704) 543-0258 Fax: (610) 537-1902 Toll Free:(800) 868-8834 Sprinturf, LLC. "Insured" has secured as insurance policy through our firm, USI Insurance Services. Outlined below are the key terms and conditions for the policy(ies). 1. Insuring Agreement: In consideration of the premium paid and subject to all of the terms and conditions of the policies, the insurer will indemnify the insured for loss in respect to a Covered Incident. 2. Covered Incident: "Covered Incident" shall meaii inadequacy, or breach of warranty the di scovery of a defect, deficiency, 3. Limit of Liability: $10,000,000 each covered iiicideiii. $10,000,000 aggregate. r. 4. Deductible: No deductible aipplies to die. Warranty Holder. 5. Policy Territory: The policy contains no policy territory restrictions. 6. Security: U ide;rNA rites — Summit Specialty Insurance Company. AM Best Co, lies affirmed the financial strength rating of A (Excellent) 7. Policy Period: July 15, 2023 to July 15, 2024 Notwithstanding any of the statements provided in this outline, all terms and conditions of the policies dictate coverage. Property & Casualty • Employee Benefits • Personal Risk • Retirement Consulting The USI ONE Advantage° r� A�Rl7 CERTIFICATE OF LIABILITY INSURANCE DATE (MKIDMYYYY) 1 110 612 0 2 3 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Brenda Young -Epps MARSH USA, LLC- FAx PHONE (404) 995 3074 1 IAZ.No): Two Alliance Center 3560 Lenox Road, Suite 2400 EMAIL S, hrenda.pingeppQrnarsh.con-, INSURER(S) AFFORDING COVERAGE NAK e Atlanta, GA 30326 Atln: A1lanta.CertRequest@marsh.com 1 Fax: 212-948.4321 INSURER A: Evanston insurance Company35378 CN1D2326389-CAS-GAUWX-23-24 INSURED INSURER a! Continental Casualty Com an 20443 Sprinlurf, LLC 146 Fairchild Street Suite 150 INSURER C: American CasuattY Company Of Reading. Pa 20427 INSURER 0: Transportation Insurance Co 20494 Daniel Island, SC 29492 INSURER E : NIA NIA CLAIMS•MADE1 V7 OCCUR INSURER F: The Continental Insurance Contoany 1352B9 r r��rr owr-ec r1CI771GI11ATC IJIIURFR• ATI -005661696-01 REVISION NUMBER; 0 vTHIS AIS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ACCORDANCE WITH THE POLICY PROVISIONS. Daniel Island, SC 29492 INSR LTR I TADDL TYPE OF INSURANCE OUR WVQ POLICYNUMBER POLICY EFF MM/DDIYYV POLICY EXP f.IM+DD:YYY LIMITS G A X COMMERCIAL GENERALLIABILrrY MKLV2PBC0D202B 08101f2623 0810112024 EACH OCCURRENCE $ 2,000,000 _rYAMAGE TO RENTED PREMIE 1Ea r ur nce $ 100,000 CLAIMS•MADE1 V7 OCCUR MED EXP IAnX oneperson) $ 10,000 X SIR $250,000 Per Occ. PERSONAL & ADV INJURY $ 2'00000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMPIOPAGG S 4,0D0,000 POLICY PR LOC POLICY AGGREGATE $ 10.003100 OTHER: B AUTOMOBILE LIABILITY BUA 7039895527 0810112023 08101/2024 iEa NEaQrSINGLE LIMIT $ ocd 1,000 000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAIA E $ AUTOS ONLY AUTOS ONLY P r ac wi Comp -!Colt. Ded:51,DOO $ X UMBRELLA X OCCUR 7039964806 08!0112023 0810112024 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR 11CLAIMS MADE RETENTION Umb Catastrophe 525,000 AGGREGATE $ 10,000,600 DED I X I RETENTION $ 0 $ C WORKERS COMPENSATION WC 7 39895530 ON112023 08,91112024 X I PER ITE ER AND EMPLOYERS' LIABILITY C Y I N WC 7 39895544 08101 [2023 0810112024 E.L. EACH ACCIDENT $ 1,pOQ,pOQ ANYPROPRIETOR+PARTNER+EXECUTIVE N I A D OFFICER+MEMBEREXCLUDED2 (Mandatory In NH) WC 7 3991,3871 08[0112023 081b112024 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 C 11 es, describe under WC 7 39929062 0810172023 0810112024 DESCRIPTION OF OPERATIONS below E L. DISEASE- POLICY LIMIT $ 1,000,600 DESCRIPTION OF OPERATIONS I LOCATIONS] VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached N more space is required) For Information Only ncn�Itll+wTG unr nrn reNC:FI 1 ATInN Sprinturf, LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 146 Fairchild Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Suite 15D ACCORDANCE WITH THE POLICY PROVISIONS. Daniel Island, SC 29492 AUTHORIZED REPRESENTATIVE of Marsh USA LLC l G V lyssa-LUlt7 A{rVl'fV LLnrVnril IVr�. 111r rryrrss roaarrev. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102326389 LOC #: Atlanta ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, LLC. Sprinturf, LLC 146 Fairchild Street Sulle 150 Daniel Island.SC 29492 POLICY NUMBER CARRIER �i NAIC CODE EFFECTIVE DATE: Ar1ru1r1 %k1A.1 MCM1RAOLOZ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers' Compensation (Continued); Carrier: Transportation Insurance Company Policy Number: WC 7039918885 Dates: 08101P2023 - 001/2024 WC 7 39896536-AL,CO,FL,GA.I0,IL,IN.KS,KY,ME,MD.NII.MN,M0,MT,NV,NY,NC,OK,OR,PA,SC.TN,TKUT,VA WC 7 39895544 - CA WC 7 39918871 • AZ OR, Wt WC 7039918885- OH. ND, WY, WA ACORD 101 (2008101) V LUUt6 AGUKU %,UKrUKP1r lVn. M11 11anLD 1 W*WF VOU. The ACORD name and logo are registered marks of ACORD 10 .; - � -_. �� -mss :•,� SPR N' - - ��- t- JAI „- l� SYNTHETIC TURF MAINTENANCE PROGRAMrill � 5 Each step of our comprehensive "d.—r__ maintenance service will be CLEAN 8 REDISTRIBUTE INFILL ► ijr. R 1' diligently performed by one of our �. T SprintCare Certified Technicians. FIELD HRUSHIN Fields can only be groomed in the e - months of September to May. SEE YOUR e r r SALES REPRESENTATIVE . r •rr '� r - - EN RE t.,. w f e MAXTESTING - ■ Headquarters 146 Fairchild Street fiN Suite 150 Daniel Island, SC 29492 T: 877-686-8873 F: 843-410-5712 e r Manufacturing Facilities: 799 Industrial Drive Chatsworth, GA 30705 170 Rice Ave Dadevilie, AL 36853 SUBMITTALS ow i • i # i 40 • i i • i i # # • i • r • • • 0 * • • • 0a �► • i • • • s i i �! � +! i • i i i +� • # • i A • • A • # i # � i +� � ��.��i#'�#lif;�li•i�ii;i� �"�'i'�#'�#+�i'�i#i'!'•i�#!i#`*i�i[►i# ! # i • +� i ! ! # i # # !# i i • A i 0 all Project Manual Bid Package 01 — Site SECTION 004113.1 - FORM OF PROPOSAL 1(A) —FIELD TURF PROJECT: Bid Package 01— Site Former Bluegrass Downs Grandstand 150 Downs Drive Paducah, Kentucky Name of Contractor: SprinturF. LLC Mailing Address: 146 Fairchild Street Suite 150 Charleston. SC 29492 Business Phone: 843-936-6023 TO: Steve Ervin, Community Development Project Manager McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42001 Paducah Sports Park Paducah, Kentucky Having carefully examined the Instructions to Bidders, Contract Agreement, General Conditions, Special Conditions, Specifications, and Drawings on the above referenced project, the undersigned bidder proposes to famish all labor, materials, equipment, tools, supplies, services, and temporary devices required to complete the work in accordance with the contract documents and any addenda listed below for the price stated herein. RAOF RTT)- Material $ 4.805.970.00 Labor $ 1_.937.865.00 Tax $ 166,405.00 TOTAL $ 6:910.240.00 For the construction required to complete the work in accordance with the contract documents, I We submit the following lump sum price of Six Million. Nine Hundred Ten Thousand. Two Hundred & Fortv DOLLARS 00 CENTS (use words) FORM OF PROPOSAL 1(A) —FIELD TURF 004113.1-1 Project Manual Bid Package 01 — Site ALTERNATE BID: Paducah Sports Park Paducah, Kentucky For omission from or addition to those items, services, or construction specified in Bidding Documents by alternate number, the following lump sum price will be added or deducted from the base bid. ADDENDA: Receipt of Addenda Number(s) 1 thru 4 is acknowledged. UNIT PRICES: Refer to attached sheet(s) for listing of unit prices. PROPOSED SUBCONTRACTORS: Refer to attached sheet(s) for listing of proposed subcontractors. PROPOSED MATERIALS AND EQUIPMENT: Refer to attached sheet(s) for listing of proposed materials and equipment. PREVIOUS PROJECTS: Refer to attached sheet(s) for listing of previous projects. REFERENCES: Refer to attached sheet(s) for listing of project references. FORM OF PROPOSAL 1(A) — FIELD TURF 004113.1-2 No Cost Alternate Bid Alternate Description + (Add to the - (Deduct from Change No. Base Bid) the Base Bid) from the Base Bid) Alt. Bid No. 4 Voluntary Alternate for Multiple Bids ADDENDA: Receipt of Addenda Number(s) 1 thru 4 is acknowledged. UNIT PRICES: Refer to attached sheet(s) for listing of unit prices. PROPOSED SUBCONTRACTORS: Refer to attached sheet(s) for listing of proposed subcontractors. PROPOSED MATERIALS AND EQUIPMENT: Refer to attached sheet(s) for listing of proposed materials and equipment. PREVIOUS PROJECTS: Refer to attached sheet(s) for listing of previous projects. REFERENCES: Refer to attached sheet(s) for listing of project references. FORM OF PROPOSAL 1(A) — FIELD TURF 004113.1-2 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky UNIT PRICES: Unit Prices shall include the furnishing of all labor, materials, supplies, services and shall include all: Items of cost, overhead and profit for the contractor and subcontractor involved, and shall be used uniformly without modification for either addition or deduction. The unit prices as established shall be used to determine the equitable adjustment of the contract price in connection with changes or extra work performed under the contract, and rules of measurement as set forth in the General Conditions shall govern. WORK PRICE UNIT 1. $ / 2. $ / 3. $ / 4. $ / 5. $ / 6. $ / 7. $ / 8. $ / 9. $ / 10. $ / 11. $ / 12. $ / 13. $ / 14. $ / 15. $ / Name of Contractor: Sprintu Authorized Representative Daniel Dietric (Signature) Title Chief Estimator Date 3/26/2024 FORM OF PROPOSAL 1(A) —FIELD TURF 004113.1-3 Project Manual Paducah Sports Park Bid Package 01— Site Paducah, Kentucky LIST OF PROPOSED SUBCONTRACTORS The following list of proposed subcontractors is required to be executed, completed and submitted with the Bidder's Proposal. All subcontractors are subject to approval by the Owner. Failure to submit this list, completely filled out, may cause rejection of bid. BRANCH OF WORK SUBCONTRACTOR Nationwide Sports Construction FORM OF PROPOSAL 1(A) — FIELD TURF 004113.1-4 Project Manual Paducah Sports Park Bid Package 01— Site Paducah, Kentucky LIST OF PROPOSED SUBCONTRACTORS The following list of proposed subcontractors is required to be executed, completed and submitted with the Bidder's Proposal. All subcontractors are subject to approval by the Owner. Failure to submit this list, completely filled out, may cause rejection of bid. BRANCH OF WORK SUBCONTRACTOR Nationwide Snorts Construction FORM OF PROPOSAL 1(A) —FIELD TURF 004113.1-4 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky LIST OF PROPOSED SUBCONTRACTORS The following list of proposed subcontractors is required to be executed, completed and submitted with the Bidder's Proposal. All subcontractors are subject to approval by the Owner. Failure to submit this list, completely filled out, may cause rejection of bid. BRANCH OF WORK SUBCONTRACTOR FORM OF PROPOSAL 1(A) —FIELD TURF 004113.1-4 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky LIST OF MATERIALS AND EQUIPMENT Refer to attached sheet(s) for complete listing of major components of the proposed materials and equipment. Refer to attached justification of proposed material and equipment if proposing a substitution or equal to the material and equipment contained in the Bid Documents. Every item listed under the different phases of construction must be clearly identified so that the Owner will definitely know what the bidder proposes to furnish. The use of a dealer's name or stating "as per plans and specifications" will not be considered as sufficient identification. The following list of materials and equipment is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. MATERIAL MANUFACTURER/MODEL NO. FIELD TURF ITS-Sorinturf - UB 38 & UB w PE Thatch Target - Sand PTR - Ambient Rubber FORM OF PROPOSAL 1(A) — FIELD TURF 004113.1-5 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky LIST OF PREVIOUS PROJECTS The following list of previous projects is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. PROJECT NAMES Cityof Gardendale - Bill Noble Park - North PROJECT LOCATION: Gardendale, AL SF OF TURF INSTALLED: 528,840 YEAR COMPLETED: 2023 PROJECT NAME: PROJECT LOCATION: SF OF TURF INSTALLED: YEAR COMPUTED PROJECT NAME: PROJECT LOCATION SF OF TURF INSTALLED: YEAR COMPLETED Kokomo Sports Cormlex - 20-S-IN074 Kokomo, IN _ 673,488 2021 East Cobb Baseball Complex 8 Fields). Marietta GA — 600.325 2020 _ FORM OF PROPOSAL 1(A) —FIELD TURF 004113.1-6 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky LIST OF PROJECT REFERENCES The following list of project references is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. PROJECT NAME: Union College PROJECT LOCATION: Barbourville , KY REFERENCE NAME: Tim Curry CONTACT INFORMATION: 606-599-2973 tcurry@unionkv.edu PROJECT NAME: Eminence Athletic Field - Eminence Independent Schools PROJECT LOCATION: Eminence, KY REFERENCE NAME: Dr. Buddy Berry, Superintendent CONTACT INFORMATION: 502-773-3050 PROJECT NAME: PROJECT LOCATION: REFERENCE NAME: CONTACT INFORMATION buddv.berryC@eminence.kyschools.us Taylor Countv High School - Taylor County School.s Campbellsville. KY Chris Goodin 270-849-8244 chris.goodin@taylor.kyschools.us FORM OF PROPOSAL 1(A) —FIELD TURF 004113.1-7 Document A31 OTM-2010 CONTRACTOR: (Name, legal status and address) Sprinturf LLC 146 Fairchild Street, Suite 150 Daniel Island, SC 29492 OWNER: (Name, legal status and address) McCracken County Fiscal Court 300 Clarence Gaines Street SURETY: (Name, legal status and principal place of business) Western Surety Company 151 N Franklin St. Chicago, IL 60606 Paducah, KY 42003 BOND AMOUNT: Five Percent of the Total Amount Bid PROJECT: (Name, location or address, and Project number, if any) Bid Package 01 - Site, Paducah Sports Park / Bid Package 1(A) - Field Turf This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the P ct 164 11 any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted heleylk�� � p1►�0 provisions conforming to such statutory or other legal requirement shall be deemed incorporated herei4r • i a...; furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common lawrb 26th March 2024 Signed and sealed this day of Sprinturf LLC i r ' (Principal) ` •% (% e (Wi ess) J ILk 00, C CL b ll E k%e— • t (Title) DCALni G^tle���� Western Surety Company ill t r I, k%%% 1 (Seal) tr.. �i (Witness) Ryan Foley (Title) Theresa J Foley, Atto ey -Fact The Surety shall guarantee that the work will be free of defective materials and workmans - twelve (12) months fall. `ng ca. lotion of Co mi ing. Any additional warranty or maintenance whether express or implied is extended by the Principal only, and the Surety assumes no liability for such guarantee r ardless F the farm and co iGOnal of the contract CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED/An original lures that lnit. changes will not be obscured. AIA Document A310"m - 2010. Copyright@ 1963, 1970 and 2010 by The American Institute of Architects. At[ rights reserved. WARNING: This AIA l 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e- mail The American Institute of Architects' legal counsel, copyright@aia.org. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY—IN—FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue ofthe signature and seal herein affixed hereby make, constitute and appoint Vicki S Duncan, Kristie A Pudvan, Judy K Wilson, Nicholas R Hylant, Individually, of Toledo, OH Susan E Hurd, Individually of Dublin, OH Jennifer A Jarosz, Kathy S Zack, Michael Schatz, Individually, of Troy, MI Theresa J Foley, Jacksonville, FL its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, sea] and execute for and on its behalfbonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 31st day of January, 2024. SM1r�Mv WESTERN SURETY COMPANY ufr Cott it- , �,,....N Larry Kasten, Vice President State of South Dakota 1 I ss County of Minnehaha On this 31st day of January, 2024, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. +444a44aa4aaa444a44444444+ My commission expires s M. BENT r l(RfA HORY PUBLIC�f March 2, 2026 i gce� SOUTH DAKOTA sEAL s +4444444a4444aa44444a 4aa + M. Bent, Notary Public CERTIFICATE I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law and Resolutions ofthe corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this 26th day of Marck 2024. �a rr a WESTERN SURETY COMPANY zz=aa.4 =_ 3uP: yrfyf P; pw� Paula Kolsrud, Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority ofthe following By -Law duly adopted by the shareholders ofthe Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations ofthe corporation shall be executed in the corporate name ofthe Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in tact oragents who shall have authority to issue bonds, policies, ar undertakings in the name of the Company. The corporate seal is not necessary For the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power ofAttorney is signed by Lary Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attomeys on behalf of Western Surety Company. This Power of Attomey may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority ofthe following Resolution adopted by the Board of Directors ofthe Company by unanimous written consent dated the 27`h day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed ofthe Company." Go tow vvw.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Form F4280-6-2023 NON -COLLUSION AFFIDAVIT OF SPRINTURF, LLC I, Daniel Dietrich, being first duly sworn, deposes and says that I am the Chief Estimator of Sprinturf, LLC, the company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or shambid. OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING STATEMENT ARE TRUE AND CORRECT. Dated this 26th day of March 2024. '0 � 01 t EA w 2011 ': ©ELA1A/ARE •�'coh7PP►''� STATE OF. South Carolina COUNTY OF Charleston ) ) ss Sprinturf, LLC (Name of Organization) Chief Estimator ritt offtr. 5" n' g7 (Signature) ACKNOWLEGEMENT 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 me this 26th day of March 2024 \*A�,�lftlr����� X06 G_ � Notary Public Si a M. —_ pAUBL+IG My Commission Expires: I .�y 'stir+s++++•.p•+'�A \\\ CORPORATE RESOLUTION/AUTHORITY CERTIFICATE OF SPRINTURF, LLC We, the undersigned Member(s) of Sprinturf, LLC, a limited liability company duly organized and existing under the laws of Delaware (hereinafter the "Company"), with authority granted in the Operating Agreement to make binding resolutions on behalf of the Company, hereby resolve: It is resolved that Daniel Dietrich, Chief Estimator of Sprinturf, LLC hereby is authorized to execute contracts and obligations in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or bond of obligation on Sprinturf, LLC behalf under the seal of the company shall be valid and binding. I, Justin Reddy, hereby certify that I am the President of Sprinturf, LLC and that Daniel Dietrich is duly elected Director of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this certificate. Dated this 26th day of March 2024 ��1i{1lrr111 Rik rro: EAU -� � 2011 == r ,.V4 W, S W�•1 COi' r r lit t tt�%%`1� STATE OF South Carolina ss COUNTY OF Charleston (;BE�4 Justin Reddy, Preside t ACKNOWLEGEMENT 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 me this 26th day of March 2024 lo Notary Public Sign tore : A _. ��" M: _ My Commission Expires: Im In �g°��rhhh411\�� i.i Q d 00 Y V CL OO OO OO OO OO c c c c c U U_ U U U fZ iZ Q Q Q a� N ai ai ai C C C C C Y Y Y Y _Y Yaj Y i•+ (n (n U (n (n (n U Q m m fII (6 a) fB fB f6 Cll Cl) Cll y C t= N C C C U U f6 f6 Q= CB f6 f6 � Q Q Cll i Cll i Cll i Cll i aj i N O Y N N N U f1 U U U CllU a)a) N U O CD 00 O CD ti 6 O r\- 00 O O �^ O ro C C N .q N M CD O L 4A b9 64 69 b9 b4 6�T E,q b9 C_ CCD) CD CD CD CD CD O p O O O O O O C1 4 O O 00 14 m N: � aLn 1-1 O N d d Ln m O �t "t 00 Ln N N N m N N C9 C r .7 LPI m m •> Ln O I' Lf) N 0-)1-( � U U m N LO m � e1 O v C j to ea lbq iA O i m O O Q LL- LO =3 a) Cll — V)O N - C a+ C d c Y Cll 0-)0 C E i Y U U =3 O wO O O rI O O E _ Cl. `� O �--I O.0 Y O O C= O � O y N N Y OD Y tZ C _ tZ E a) O . C6 a� C6 m O i i Y Y i O CZ iZ O mx {O (n -0-O N = X Cll �'' 'N�=rC C N O LU d p E v- U D U C6 Cll �r U u t N-0 No -0 u m � �° O O CL,. U O O CD Oo 3 '- U � V 00 i .__. Y C6 • i O O Y U m Cll m • V Y 'a LO N O N U 2 &- O7 m O O (n CD N N (n Q Cll tZ i N N O O Y O O O U U Cll V 'C O 7 (n i a> Y Q 'O m m U 0 Y-0 Q 0O 'U U O N O E � _0 m n 0O E m N 21 (On CU Y � (On OA (a'n M �m W c6 m Q U- a> Q Q cB - ca -0 i Q: Q ~ Cu (n m Q) o -0 Lu a Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky DOCUMENT 000117 - INDEX OF DRAWINGS BID PACKAGE 01- SITE PADUCAH SPORTS PARK PADUCAH,KENTUCKY TITLE COVER SHEET: BID PACKAG O1 -SITE SHEET INDEX CIVIL - SITE DEMOLITION C1.0 OVERALL SITE DEMOLITION PLAN C1.1 ENLARGED DEMOLITION PLAN C1.2 ENLARGED DEMOLITION PLAN C1.3 ENLARGED DEMOLITION PLAN CIA ENLARGED DEMOLITION PLAN C1.5 ENLARGED DEMOLITION PLAN C1.6 ENLARGED DEMOLITION PLAN C1.7 ENLARGED DEMOLITION PLAN C1.8 ENLARGED DEMOLITION PLAN C1.9 ENLARGED DEMOLITION PLAN C1.10 ENLARGED DEMOLITION PLAN C1.11 DISC GOLF COURSE DEMOLTION PLAN CIVIL - SITE DEVELOPMENT C2.OA OVERALL SITE DEVELOPMENT PLAN C2.OB OVERALL SITE DEVELOPMENT PLAN - WEST C2.00 OVERALL SITE DEVELOPMENT PLAN - EAST C2.1 ENLARGED DEVELOPMENT PLAN C22 ENLARGED DEVELOPMENT PLAN C2.3 ENLARGED DEVELOPMENT PLAN C2.4 ENLARGED DEVELOPMENT PLAN C2.5 ENLARGED DEVELOPMENT PLAN C2.6 ENLARGED DEVELOPMENT PLAN C2.7 ENLARGED DEVELOPMENT PLAN C2.8 ENLARGED DEVELOPMENT PLAN C2.9 ENLARGED DEVELOPMENT PLAN C2.10 ENLARGED DEVELOPMENT PLAN C2.11 ENLARGED DEVELOPMENT PLAN C2.12 ENLARGED DEVELOPMENT PLAN C2.13 ENLARGED DEVELOPMENT PLAN C2.14 ENLARGED DEVELOPMENT PLAN C2.15 ENLARGED DEVELOPMENT PLAN C2.16 ENLARGED DEVELOPMENT PLAN C2.17 ENLARGED DEVELOPMENT PLAN C2.18 ENLARGED DEVELOPMENT PLAN C2.19 ENLARGED DEVELOPMENT PLAN C220 ENLARGED DEVELOPMENT PLAN C221 ENLARGED DEVELOPMENT PLAN INDEX OF DRAWINGS 000117-1 Project Manual Bid Package 01 - Site CIVIL - SITE GRADING C3.0 OVERALL SITE GRADING PLAN C3.1 ENLARGED GRADING PLAN C3.2 ENLARGED GRADING PLAN C3.3 ENLARGED GRADING PLAN C3.4 ENLARGED GRADING PLAN C3.5 ENLARGED GRADING PLAN C3.6 ENLARGED GRADING PLAN C3.7 ENLARGED GRADING PLAN C3.8 ENLARGED GRADING PLAN C3.9 ENLARGED GRADING PLAN C3.10 ENLARGED GRADING PLAN C3.11 ENLARGED GRADING PLAN Paducah Sports Park Paducah, Kentucky C3.12 ENLARGED GRADING PLAN C3.13 ENLARGED GRADING PLAN C3.14 ENLARGED GRADING PLAN C3.15 ENLARGED GRADING PLAN C3.16 ENLARGED GRADING PLAN C3.17 ENLARGED GRADING PLAN C3.18 ENLARGED GRADING PLAN C3.19 ENLARGED GRADING PLAN C3.20 ENLARGED GRADING PLAN C3.21 ENLARGED GRADING PLAN C3.30 OVERALL EROSION AND SEDIMENTATION CONTROL PLAN C3.31 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.32 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.33 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.34 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.35 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.36 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.37 EROSION AND SEDIMENTATION CONTROL DETAILS CIVIL - SITE STORMWATER C4.OA OVERALL SITE STORMWATER PLAN C4.013 OVERALL SITE STORMWATER PLAN - WEST C4.00 OVERALL SITE STORMWATER PLAN - EAST C4.1 ENLARGED STORMWATER PLAN C4.2 ENLARGED STORMWATER PLAN C4.3 ENLARGED STORMWATER PLAN C4.4 ENLARGED STORMWATER PLAN C4.5 ENLARGED STORMWATER PLAN C4.7 ENLARGED STORMWATER PLAN C4.8 ENLARGED STORMWATER PLAN C4.9 ENLARGED STORMWATER PLAN C4.10 ENLARGED STORMWATER PLAN C4.11 ENLARGED STORMWATER PLAN C4.12 ENLARGED STORMWATER PLAN C4.13 ENLARGED STORMWATER PLAN C4.14 ENLARGED STORMWATER PLAN C4.15 ENLARGED STORMWATER PLAN INDEX OF DRAWINGS 000117-2 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky C4.16 ENLARGED STORMWATER PLAN C4.17 ENLARGED STORMWATER PLAN C4.18 ENLARGED STORMWATER PLAN C4.19 ENLARGED STORMWATER PLAN C4.21 ENLARGED STORMWATER PLAN C4.22 STORMWATER STRUCTURE AND PIPE TABLES C4.23 STORMWATER STRUCTURE AND PIPE TABLES C4.24 STORMWATER DETAILS C4.25 STORMWATER DETAILS C4.26 STORMWATER DETAILS C4.27 STORMWATER DETAILS CIVIL - SITE UTILITY C5.0 OVERALL SITE UTILITY PLAN C5.2 ENLARGED UTILITY PLAN C5.3 ENLARGED UTILITY PLAN C5.4 ENLARGED UTILITY PLAN C5.5 ENLARGED UTILITY PLAN C5.6 ENLARGED UTILITY PLAN C5.8 ENLARGED UTILITY PLAN C5.9 ENLARGED UTILITY PLAN C5.10 ENLARGED UTILITY PLAN C5.13 ENLARGED UTILITY PLAN C5.14 ENLARGED UTILITY PLAN C5.16 ENLARGED UTILITY PLAN C5.17 ENLARGED UTILITY PLAN C5.18 ENLARGED UTILITY PLAN C5.21 ENLARGED UTILITY PLAN C5.22 UTILITY DETAILS C5.23 UTILITY DETAILS C5.24 SANITARY SEWER LIFT STATION DETAILS C5.25 SANITARY SEWER LIFT STATION DETAILS C5.26 SANITARY SEWER PLAN AND PROFILE - LINE A & B C5.27 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.28 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.29 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.30 SANITARY SEWER PLAN AND PROFILE - LINE C C5.31 SANITARY SEWER PLAN AND PROFILE - LINE D C5.32 WATER MAIN RELOCATION PLAN AND PROFILE CIVIL - SITE DETAILS C6.0 SITE DETAILS C6.1 SITE DETAILS C6.2 SITE DETAILS LANDSCAPE L1.0 SITE FURNISHINGS AND AMENITIES - KEY PLAN L2.0 SITE FURNISHINGS AND AMENITIES PLAN L2.1 SITE FURNISHINGS AND AMENITIES PLAN L2.2 SITE FURNISHINGS AND AMENITIES PLAN INDEX OF DRAWINGS 000117-3 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky L2.3 SITE FURNISHINGS AND AMENITIES PLAN L3.0 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.1 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.2 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.3 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.4 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.5 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.6 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.7 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L4.0 OVERALL PLANTING PLAN AND PLANTING NOTES L5.0 PLANTING PLAN L5.1 PLANTING PLAN L5.2 PLANTING PLAN L5.3 PLANTING PLAN L5.4 PLANTING PLAN L5.5 PLANTING PLAN L5.6 PLANTING PLAN L5.7 PLANTING PLAN L5.8 PLANTING PLAN L5.9 PLANTING PLAN L5.10 PLANTING PLAN L5.11 PLANTING PLAN L5.12 PLANTING PLAN L5.13 PLANTING PLAN L5.14 PLANTING PLAN L5.15 PLANTING PLAN L5.16 PLANTING PLAN L5.17 PLANTING PLAN L5.18 PLANTING PLAN L6.0 PLANTING PLAN ENLARGEMENT L6.1 PLANTING PLAN ENLARGEMENT L6.2 PLANTING PLAN ENLARGEMENT L6.3 PLANTING PLAN ENLARGEMENT L7.0 SITE FURNISHING AND AMENITIES DETAILS L7.1 SITE FURNISHING AND AMENITIES DETAILS L7.2 SITE FURNISHING AND AMENITIES DETAILS L7.3 SITE FURNISHING AND AMENITIES DETAILS L7.4 SITE FURNISHING AND AMENITIES DETAILS L7.5 SITE FURNISHING AND AMENITIES DETAILS L7.6 SITE FURNISHING AND AMENITIES DETAILS L7.7 SITE FURNISHING AND AMENITIES DETAILS L7.8 SITE FURNISHING AND AMENITIES DETAILS L7.9 SITE FURNISHING AND AMENITIES DETAILS L7.10 SITE FURNISHING AND AMENITIES DETAILS L7.11 SITE FURNISHING AND AMENITIES DETAILS L7.12 SITE FURNISHING AND AMENITIES DETAILS L7.13 SITE FURNISHING AND AMENITIES DETAILS L7.14 SITE FURNISHING AND AMENITIES DETAILS L7.15 SITE FURNISHING AND AMENITIES DETAILS L7.16 SITE FURNISHING AND AMENITIES DETAILS INDEX OF DRAWINGS 000117-4 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky L7.17 PLANTING DETAILS LANDSCAPE — DISC GOLF DG1.0 DISC GOLF LAYOUT STRUCTURAL S1.0 STRUCTURAL NOTES SLI PICNIC SHELTERS FOUNDATION PLANS & DETAILS S 1.2 DUGOUTS FOUNDATION PLANS & DETAILS S 1.3 PICKLENBALL COURT PLANS — ALTERNATE NO. 1 SIA BASKETBALL COURTS PLANS — ALTERNATE NO. 2 S3.1 FOUNDATION DETAILS IRRIGATION PARTIAL ENLARGED SITE PLAN IR100 IRRIGATION INFRASTRUCTURE & AUTOMATION IR101 IRRIGATION INFRASTRUCTURE & AUTOMATION IR102 IRRIGATION INFRASTRUCTURE & AUTOMATION IR103 IRRIGATION INFRASTRUCTURE & AUTOMATION IR104 IRRIGATION INFRASTRUCTURE & AUTOMATION IR105 IRRIGATION INFRASTRUCTURE & AUTOMATION IR106 IRRIGATION INFRASTRUCTURE & AUTOMATION IR107 IRRIGATION INFRASTRUCTURE & AUTOMATION IR108 IRRIGATION INFRASTRUCTURE & AUTOMATION IR109 IRRIGATION INFRASTRUCTURE & AUTOMATION ELECTRICAL - SITE EU0.0 SITE LEAD SHEET EU1.1 OVERALL SITE PLAN EU1.2 PARTIAL ENLARGED SITE PLAN EU1.3 PARTIAL ENLARGED SITE PLAN EU I A PARTIAL ENLARGED SITE PLAN EU1.5 PARTIAL ENLARGED SITE PLAN EU1.6 PARTIAL ENLARGED SITE PLAN EU1.7 PARTIAL ENLARGED SITE PLAN EU1.8 PARTIAL ENLARGED SITE PLAN EU1.9 PARTIAL ENLARGED SITE PLAN EU1.10 PARTIAL ENLARGED SITE PLAN EU1.11 PARTIAL ENLARGED SITE PLAN EU1.12 PARTIAL ENLARGED SITE PLAN EU2.1 ELECTRICAL ENLARGED PLANS EU2.2 ELECTRICAL ENLARGED PLAN EU2.3 ELECTRICAL ENLARGED PLAN EU4.0 SITE DETAILS EU4.1 ELECTRICAL SITE DETAILS AND SCHEDULES TRANSPORTATION T1.0 COVER SHEET T2.0 GENERAL SUMMARY - STUART NELSON PARK ROAD T2.1 TYPICAL SECTIONS - STUART NELSON PARK ROAD T2.2 GENERAL NOTES - STUART NELSON PARK ROAD INDEX OF DRAWINGS 000117-5 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky T3.0 PLAN & PROFILE - US 60 TURN LANE EXTENSION T4.0 PLAN & PROFILE - STUART NELSON PARK ROAD T5.0 PLAN & PROFILE - STUART NELSON PARK ROAD T6.0 PLAN & PROFILE - STUART NELSON PARK ROAD T7.0 PLAN & PROFILE - STUART NELSON PARK ROAD T8.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T9.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T10.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T11.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T12.0 CROSS SECTIONS - STUART NELSON PARK ROAD T13.0 CROSS SECTIONS - STUART NELSON PARK ROAD T14.0 CROSS SECTIONS - STUART NELSON PARK ROAD T15.0 CROSS SECTIONS - STUART NELSON PARK ROAD T16.0 CROSS SECTIONS - STUART NELSON PARK ROAD T17.0 CROSS SECTIONS - STUART NELSON PARK ROAD T18.0 CROSS SECTIONS - STUART NELSON PARK ROAD T19.0 CROSS SECTIONS - STUART NELSON PARK ROAD T20.0 CROSS SECTIONS - STUART NELSON PARK ROAD T21.0 CROSS SECTIONS - STUART NELSON PARK ROAD T22.0 CROSS SECTIONS - STUART NELSON PARK ROAD T23.0 CROSS SECTIONS - STUART NELSON PARK ROAD T24.0 CROSS SECTIONS - STUART NELSON PARK ROAD T25.0 CROSS SECTIONS - STUART NELSON PARK ROAD T26.0 CROSS SECTIONS - STUART NELSON PARK ROAD T27.0 CROSS SECTIONS - STUART NELSON PARK ROAD T28.0 CROSS SECTIONS - STUART NELSON PARK ROAD T29.0 CROSS SECTIONS - STUART NELSON PARK ROAD T30.0 CROSS SECTIONS - STUART NELSON PARK ROAD T31.0 CROSS SECTIONS - STUART NELSON PARK ROAD T32.0 CROSS SECTIONS - STUART NELSON PARK ROAD T33.0 CROSS SECTIONS - STUART NELSON PARK ROAD T34.0 CROSS SECTIONS - STUART NELSON PARK ROAD T35.0 CROSS SECTIONS - STUART NELSON PARK ROAD T36.0 CROSS SECTIONS - STUART NELSON PARK ROAD T37.0 CROSS SECTIONS - STUART NELSON PARK ROAD T38.0 CROSS SECTIONS - STUART NELSON PARK ROAD T39.0 CROSS SECTIONS - STUART NELSON PARK ROAD T40.0 CROSS SECTIONS - STUART NELSON PARK ROAD T41.0 CROSS SECTIONS - STUART NELSON PARK ROAD T42.0 CROSS SECTIONS - STUART NELSON PARK ROAD T43.0 CROSS SECTIONS - STUART NELSON PARK ROAD T44.0 CROSS SECTIONS - STUART NELSON PARK ROAD T45.0 CROSS SECTIONS - STUART NELSON PARK ROAD T46.0 CROSS SECTIONS - STUART NELSON PARK ROAD T47.0 CROSS SECTIONS - STUART NELSON PARK ROAD END OF DOCUMENT 000117 INDEX OF DRAWINGS 000117-6 Project Manual Bid Package 01 — Site Bid Package 01 — Site Paducah Sports Park 150 Downs Drive Paducah, Kentucky DOCUMENT 000110 - TABLE OF CONTENTS Paducah Sports Park Paducah, Kentucky DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS PAGES 000116 INVITATION TO BID............................................................................................... 2 000117 INDEX OF DRAWINGS............................................................................................ 6 001100 PUBLIC NOTICE....................................................................................................... 1 002113 AIA DOCUMENT A701-2018 INSTRUCTIONS TO BIDDERS ............................. 8 002600 PROCUREMENT SUBSTITUTION PROCEDURES .............................................. 2 003119 EXISTING CONDITION INFORMATION.............................................................. 1 003143 PERMIT APPLICATION........................................................................................... 1 004113.1 FORM OF PROPOSAL — FIELD TURF................................................................... 7 004113.2 FORM OF PROPOSAL — FIELD LIGHTING........................................................... 7 004113.3 FORM OF PROPOSAL — GENERAL SITE CONSTRUCTION .............................. 6 004600.1 BID EVALUATION FORM — FIELD TURF............................................................ 2 004600.2 BID EVALUATION FORM — FIELD LIGHTING ................................................... 2 004600.3 BID EVALUATION FORM — GENERAL SITE CONSTRUCTION ....................... 1 005100.1 NOTICE OF AWARD — FIELD TURF..................................................................... 2 005100.2 NOTICE OF AWARD — FIELD LIGHTING............................................................. 2 005100.3 NOTICE OF AWARD — GENERAL SITE CONSTRUCTION ................................ 2 005213 AIA DOCUMENT A101-2017 STANDARD FORM OF AGREEMENT BETWEEN ONWER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS A STIPULATED SUM...................................................................... 8 006113.13 AIA DOCUMENT A312-2010 PERFORMANCE BOND ........................................ 4 006113.14 AIA DOCUMENT A312-2010 PAYMENT BOND .................................................. 4 007213 AIA DOCUMENT A201-2007 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION....................................................................... 39 007216 GENERAL CONDITIONS AMENDMENT.............................................................. 2 007300 SUPPLEMENTARY CONDITIONS......................................................................... 3 DIVISION O1 - GENERAL REQUIREMENTS PAGES 011000 SUMMARY................................................................................................................ 4 011200 MULTIPLE CONTRACT SUMMARY..................................................................... 7 012100 ALLOWANCES......................................................................................................... 4 012300 ALTERNATES........................................................................................................... 3 012500 SUBSTITUTION PROCEDURES............................................................................. 4 012600 CONTRACT MODIFICATION PROCEDURES...................................................... 2 012900 PAYMENT PROCEDURES...................................................................................... 4 013100 PROJECT MANAGEMENT AND COORDINATION ............................................. 6 013300 SUBMITTAL PROCEDURES................................................................................... 4 015000 TEMPORARY FACILITIES AND CONTROLS...................................................... 5 015639 TEMPORARY TREE AND PLAN PROTECTION .................................................. 7 016000 PRODUCT REQUIREMENTS.................................................................................. 7 017300 EXECUTION.............................................................................................................. 5 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ............................ 4 TABLE OF CONTENTS 000110-1 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky 017700 CLOSEOUT PROCEDURES..................................................................................... 4 017823 OPERATION AND MAINTENANCE DATA.......................................................... 8 017839 PROJECT RECORD DOCUMENTS......................................................................... 5 017900 DEMONSTRATION AND TRAINING.................................................................... 4 DIVISION 02 — EXISTING CONDITIONS PAGES 024116 STRUCTURE DEMOLITION................................................................................... 5 DIVISION 03 — CONCRETE PAGES 033000 CAST IN PLACE CONCRETE.................................................................................. 10 034500 PRECAST ARCHITECTURAL CONCRETE........................................................... 8 DIVISION 04 — MASONRY PAGES 042000 UNIT MASONRY...................................................................................................... 15 042200 CONCRETE MASONRY UNIT - LOADBEARING................................................ 3 044300 STONE MASONRY................................................................................................... 8 DIVISION 05 — METALS PAGES 051200 STRUCTURAL STEEL FRAMING.......................................................................... 8 055213 PIPE AND METAL FABRICATION........................................................................ 4 DIVISION 10 — SPECIALTIES PAGES 107300 PROTECTIVE COVERS............................................................................................ 8 107529 PLAZA -MOUNTED FLAGPOLES........................................................................... 4 DIVISION 11 - EQUIPMENT PAGES 116800 PLAYGROUND EQUIPMENT AND STRUCTURES ............................................. 8 116810 ATHLETIC FIELD EQUIPMENT AND STRUCTURES ......................................... 8 116833 SPORT NETTING SYSTEMS................................................................................... 6 116843 EXTERIOR MULTISPORT SCOREBOARDS......................................................... 6 DIVISION 26 — ELECTRICAL 260000 GENERAL PROVISIONS FOR ELECTRICAL....................................................... 260500 COMMON WORK RESULTS................................................................................... 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ......... 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS .......................... 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS .............................. 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS .................................... 260548 VIBRATION AND SEISMIC CONTROLS FOR ELECTRICAL SYSTEMS ......... 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS ................................................ 262416 PANELBOARDS........................................................................................................ 262726 WIRING DEVICES.................................................................................................... 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS .......................................... 264313 TRANSIENT -VOLTAGE SUPPRESSION FOR LOW -VOLTAGE ELECTRICAL POWERCIRCUITS.................................................................................................... 265613 LIGHTING POLES AND STANDARDS.................................................................. 265619 LED EXTERIOR LIGHTING.................................................................................... 265668 ATHLETIC SPORTS LIGHTING............................................................................. PAGES 11 2 3 3 4 4 7 3 7 4 3 4 6 6 10 TABLE OF CONTENTS 000110-2 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky DIVISION 31 — EARTHWORK PAGES 311000 SITE CLEARING....................................................................................................... 4 312000 EARTH MOVING...................................................................................................... 10 313213.16 CEMENT SOIL STABILIZATION........................................................................... 10 DIVISION 32 — EXTERIOR IMPROVEMENTS PAGES 321216 ASPHALT PAVING................................................................................................... 6 321313 CONCRETE PAVING................................................................................................ 6 321373 CONCRETE PAVING JOINT SEALANTS.............................................................. 6 321413 PRECAST CONCRETE UNIT PAVING................................................................... 4 321813 SYNTHETIC GRASS SURFACING......................................................................... 10 321816 PLAYGROUND SURFACING.................................................................................. 6 321823 SPORT COURT SURFACING.................................................................................. 6 323113 CHAIN LINK FENCES AND GATES...................................................................... 8 323115 WOOD FENCES........................................................................................................ 4 323119 DECORATIVE METAL FENCES AND GATES ..................................................... 4 323300 SITE FURNISHINGS................................................................................................. 8 328400 PLANTING IRRIGATION........................................................................................ 28 329113 SOIL PREPARATION............................................................................................... 12 329200 TURF AND GRASSES.............................................................................................. 12 329300 PLANTS...................................................................................................................... 8 DIVISION 33 — UTILITIES PAGES 331113 FACILITY WATER DISTRIBUTION...................................................................... 8 331313 FACILITY SANITARY SEWERS............................................................................. 6 331314 MUNICIPAL SANITARY SEWERS......................................................................... 6 335100 NATURAL GAS DISTRIBUTION............................................................................ 9 334100 STORM UTILITY DRAINAGE PIPING................................................................... 10 335616 FUEL STORAGE TANK........................................................................................... 4 APPENDIX Appendix 1 PHASE 1 ENVIRONMENTAL SITE ASSESSMENT .............................................. 27 Appendix 2 GEOTECHNICAL EXPLORATION REPORT......................................................... 45 END OF DOCUMENT 000110 TABLE OF CONTENTS 000110-3 Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Accept recommendation from Sports Tourism Commission for evaluated bids for Paducah Sports Park for Bid Package 01 - Site: Lighting and approve construction contracts with Musco in the amount of $2,264,475.00 - A. CLARK & D. JORDAN Category: Municipal Order Staff Work By: Arnie Clark Presentation By: Arnie Clark, Daron Jordan Background Information: PFGW Architects, on behalf of the Sports Tourism Commission, McCracken County Fiscal Court, and City of Paducah released a Request for Bids on February 17 for Field Lighting for the Paducah Sports Park. Bid Opening was held March 26. Five (5) bids were submitted. A selection committee with representation from the Fiscal Court, City, Design Team, and Operations Team was formed to review and evaluate the bids. After review, the committee recommends moving forward with a contract for services with Musco for the Lighting portion of the project. Per the ILA, the McCracken County Sports Tourism commission must approve and make a recommendation to both the Fiscal Court and the City Commission for consideration and approval of construction contracts. The McCracken County Sports Tourism Commission approved the recommendation from the selection committee on Monday, June 10, and proceeds with a recommendation for a contract for services with Musco. Accept recommendation from the Sports Tourism Commission and authorize execution of a contract for services with Musco in the amount of $2,264,475.00 for Bid Package 1: Site - Lighting for the Paducah Sports Park project. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Paducah Sports Park Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve Attachments: 1. MO Field Lighting Musco 2. MUSCO_A101-2017 - FINAL DRAFT Bid Package 1B_20240620 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING THE RECOMMENDATION OF THE McCRACKEN COUNTY SPORTS TOURISM COMMISSION TO ACCEPT THE BID PACKAGE FOR FIELD LIGHTING FOR THE PADUCAH SPORTS PARK PROJECT IN THE AMOUNT OF $2,264,475 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME WHEREAS, on September 7, 2022, the City of Paducah, the County of McCracken, and the McCracken County Sports Tourism Commission entered into an Interlocal Cooperation Agreement for the Development and Operation of the Paducah -McCracken County Athletic Complex (hereinafter "Interlocal Agreement"); and WHEREAS, in accordance with the requirements of the Interlocal Agreement, the McCracken County Sports Tourism Commission has presented its recommendation of the best -evaluated bids and associated construction contracts for the completion of the work contemplated by the formerly approved construction plans; and WHEREAS, the City Commission now desires to accept the McCracken County Sports Tourism Commission's recommendation for Field Lighting for the Paducah Sports Park Proj ect. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City Commission hereby approves the recommendation of the McCracken County Sports Tourism Commission, and accepts the bid proposal of Musco Sports Lighting, LLC, in the amount of $2,264,475, for Field Lighting for the Paducah Sports Park Project. SECTION 2. That the Mayor is hereby authorized to execute an agreement and all other documents necessary with Musco Sports Lighting, LLC, for Field Lighting for the Paducah Sports Park, as authorized in Section 1 above. Said agreement shall be in accordance with the specifications, bid proposal, and all contract documents heretofore approved and incorporated in the bid. its adoption. SECTION 3. This Order will be in full force and effect from and after the date of George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, _ MO\Agree — Musco Sports Lighting Field Lighting — Sports Tourism Commission 11Document A1010— 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the twenty fourth day of June in the year two thousand twenty-four. (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 and the Contractor: (Name, legal status, address and other information) Musco Sports Lighting, LLC 100 V' Ave. West PO Box 800 Oskaloosa, IA 52577 for the following Project: (Name, location and detailed description) Paducah Sports Park Bid Package 1 B — Field Lighting Paducah, Kentucky 42001 The Architect: (Name, legal status, address and other information) Peck Flannery Gream Warren Inc. PO Box 510 101 South Fourth Street Paducah, Kentucky 42002-0510 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete Al 010-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A2010-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 — 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects, This document was produced at 14:10:02 ET on 06/18/2024 under Order No 4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts,com. User Notes: (1867986479) 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 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the follolving boxes and complete the necessary information.) [ X ] Not later than five hundred five ( 505 ) calendar days from the date of commencement of the Work. [ ] By the following date: Init. AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 2 American Institute of Architects. This document was produced at 14:10:02 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts,com. User Notes: (1867986479) § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. 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 two million, two hundred sixty-four thousand, four hundred seventy-five and 00/100 ($2,264,475.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item N/A Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert beloiv each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance N/A § 4.3 Allowances, if any, included in the Contract Sum: (Identf each allowance) Item N/A Price § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any) $1,000.00 per calendar day until completion. § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued 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: Init. AIA Document A101 — 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 14:10:02 ET on 06/18/2024 under Order No.4104248855 which expires on 01/3112025, is not for f 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 docinfo@aiacontracts.com. User Notes: (1867986479) § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 251h day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 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. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201 TM -2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 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; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be ivithheld as retainage from each Application for Payment. The amount of retainage may be limited by governing laiv.) Ten percent (10%) § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section .1.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) After issuance of Certificate of Substantial Completion, Retainage shall be reduced to five percent (5%). Init. AIA Document A101 —2017, Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 American Institute of Architects. This document was produced at 14:10:02 ET on 06/18/2024 under Order No. 4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts.com. User Notes: (1867986479) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 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 Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 5.3 Interest 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.) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the 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.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ ] Litigation in a court of competent jurisdiction [ ] Other (Spec) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. Init.AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 5 American Institute of Architects, This document was produced at 14:10:02 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts,com. User Notes: (1867986479) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner's convenience.) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Steve Ervin, Community Development Project Manager McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Curt Mickey, KY Field Sales Representative Musco Sports Lighting, LLC 100 1" Ave. West PO Box 800 Oskaloosa, IA 52577 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document AIO 1T^L2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A 101 TM -2017 Exhibit A, and elsewhere in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203T11'-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance ivith AIA Document E203-2013, insert requirements, for delivering notice in electronic ,format such as name, title, and email address of the recipient and whether and holv the system hill be required to generate a read receipt for the transmission.) § 8.7 Other provisions: Init. AIA Document A101 —2017 Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 6 American Institute of Architects. This document was produced at 14:10:02 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts.com. User Notes: (1867986479) ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A 101 TM -2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A10IT"'-2017, Exhibit A, Insurance and Bonds .3 AIA Document A201 TM -2017, General Conditions of the Contract for Construction .4 (Paragraphs deleted) Drawings Number- Bid Package 1A Title Date Pages See Attached Index of Drawings 0001 17 -Index of Drawings February 20, 2024 6 .5 Specifications Section - Bid Package 1 B See Attached Table of Contents .6 Addenda, if any: Number- Bid Package 1B Addendum No. I Addendum No. 2 Addendum No. 3 Addendum No. 4 Title Date Pages 0001100 -Table of Contents February 20, 2024 4 Date Pages February 23, 2024 16 March 11, 2024 102 March 14, 2024 12 March 21, 2024 93 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .7 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document E204T"'-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 Tm--2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions ofAddenda relating to bidding or proposal requirements, and other information filrnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this ,Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents) Contractors Original Form of Proposal Exhibit - Cost Reduction List Bid Backage 1B -Field Lighting Contractors Performance & Payment Bonds Contractors Certificate of Insurance Index of Drawings Inst. AIA Document A101 —2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 7 American Institute of Architects. This document was produced at 14:10:02 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1867986479) Table of Contents This Agreement entered into as of the day and year first written above. McCracken County Fiscal Court OWNER (Signature) Craig Z. Clymer, Judge Executive (Printed name and title) Musco Sports Lighting, LLC CONTRACTOR (Signature) James M. Hansen, Secretary (Printed name and title) Init. AIA Document A101 —2017. Copyright@ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 8 American Institute of Architects. This document was produced at 14:10:02 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1867986479) N.: Document A2o1® - 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Paducah Sports Park —Bid Package I B —Field Lighting ADDITIONS AND DELETIONS: Paducah, Kentucky 42001 The author of this document has added information needed for its THE OWNER: completion. The author may also (Name, legal status and address) have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added McCracken County Fiscal Court information as well as revisions to the 300 Clarence Gaines Street standard form text is available from Paducah, KY 42003 the author and should be reviewed. A vertical line in the left margin of this THE ARCHITECT: document indicates where the author (Name, legal status and address) has added necessary information and where the author has added to or Peck Flannery Gream Warren Inc. deleted from the original AIA text. PO Box 510 Fourth 101 South Fourth Street Street2-05 This document has important legal Paducah, KY consequences Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES For guidance in modifying this 1 GENERAL PROVISIONS document to include supplementary conditions, see AIA Document 2 OWNER A503M, Guide for Supplementary Conditions. 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE 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 /nit. AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 1 American Institute of Architects This document was produced at 10:05:06 ET on 06/10/2024 under Order No 4104248855 which expires on 01131/2025, is not for t 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 docinfo@aiacontracts corn User Notes: (896885345) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 2 American Institute of Architects This document was produced at 10:05:06 ET on 06/10/2024 under Order No 4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts com User Notes: (896885345) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 ]nit. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 3 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No_4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts,com. User Notes: 896885345 ) Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9. 1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13. 1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15. 1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init.AIA Document A201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 5 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4,10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 AIA Document A201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017.. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 6 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1. 1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9. 10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 7 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for J 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 docinfo@aiacontracts.com. User Notes: (896885345) Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 10.2.2,13.1, 13.3, 13.4.1,13.4.2, 13.5, 14,15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1,3.1.1,3.9,4.1.1,4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 8 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1. 5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017- All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 9 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 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 a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 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 perfonned 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 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 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 complementary, and what is 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. AIA Document A201 —2017- Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 10 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) § 1.2.1.1 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. § 1.3 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 retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the 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 E203Tm-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 E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document Init. AIA Document A201 —2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 11 American Institute of Architects, This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) G202TM-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. 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 a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. if commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if ( l) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 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 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 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. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The 12 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 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. § 2.4 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 as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order 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 Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, 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. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. 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 Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 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 Architect in the Architect's 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 visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Init. AIA Document A201 — 2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 13 American Institute of Architects, This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01 /31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, 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 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. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 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. 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 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 notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects 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. § 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 approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 14 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work 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. § 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 as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 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 (I ) 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 and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect 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 that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect 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 and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 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 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. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 15 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order N0.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) § 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 notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (l) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice 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 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. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the 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 perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 16 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.com. User Notes: (896885345) delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 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 how 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 is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is 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 Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner 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 approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such 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 AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 17 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately 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 and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and 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. § 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 at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 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, or patching shall be restored to the condition existing prior to the cutting, fitting, or 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 or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with 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 and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Init. AIA Document A201 —2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 18 American Institute of Architects, This document was produced at 10:05:06 ET on 06/10/2024 under Order No,4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 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 3.18.1 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. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The 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. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the 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. § 4.2.3 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 promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 19 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No4104248855which expires on 01/31/2025, is not for E 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 docinfo@aiacontracts.com. User Notes: (896885345) § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals 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 Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety precautions or 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. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.101fthe 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 Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 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 rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests 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. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 20 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) 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 a Separate Contractor or the subcontractors of a Separate Contractor. § 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, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice 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 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 or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner 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 for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations 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 and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner 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 proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 21 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No -4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com, User Notes: (896885345) When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such 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 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 SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has 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 and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's 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 or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. 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 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. Init. AIA Document A201 —2017_ Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 22 American Institute of Architects, This document was produced at 10:05:06 ET on 06/10/2024 under Order No 4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts.com. User Notes: (896885345) § 6.2.5 The Owner and each Separate Contractor 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 If a dispute arises among the Contractor, Separate 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 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, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner 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. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect 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. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner 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. § 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 of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 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 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 23 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.com. User Notes: (896885345) .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .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, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the 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. § 7.3.7 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. § 7.3.8 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 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 Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's 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 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 Architect will 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 may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. 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. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 24 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01 /31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, 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 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 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. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents' are trademarks of The 25 American Institute of Architects This document was produced at 10:05:06 ET on 06/10/2024 under Order Na.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (896885345) § 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 supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 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, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations 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 Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and 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 Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 26 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No. 4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification wil I be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier 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 Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a 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 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 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 Architect and Owner 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 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 and suppliers to ascertain whether they have been properly paid. Neither the Owner 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. § 9.6.5 The Contractor's payments to 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. § 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. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 27 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is notfor 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 docinro@aiacontracts com User Notes: (896885345) § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 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 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. § 9.8.3 Upon receipt of the Contractor's list, the Architect 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 Contractor's list, which is not sufficiently complete in accordance with 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 to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 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. § 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 Project. 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 shall 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, 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. AIA Document A201 —2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 28 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) § 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 receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with 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 Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (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, and (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. 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, 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 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 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. 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. § 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 Init.AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 29 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 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 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. § 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 and 10.2.1.3 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 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 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 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. § 10.2.6 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, notice of the 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 or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the 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 and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and *AIA Contract Documents' are trademarks of The 30 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (896885345) promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous 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 hazardous 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. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (l) for remediation of hazardous materials or substances 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. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 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. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 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. § 11.1.4 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 Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 31 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) 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 Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. if the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 32 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. 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 Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the 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 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 Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 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 notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. 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. Init. AIA Document A201 —2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents' are trademarks of The 33 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No -4104248855 which expires an 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) § 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. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 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 of the Owner or Separate Contractors, whether completed or partially completed, 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. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, 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 upon in writing. § 13.4 Tests and Inspections § 13.4.1 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 AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 34 American Institute of Architects, This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (896885345) approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the 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 Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 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 Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 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 Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 35 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (896885345) § 14.1.4 if the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect 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, seven days' 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. § 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. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, 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, 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, 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; and .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. AIA Document A201 —2017, Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and 'AIA Contract Documents" are trademarks of The 36 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order NO 4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (896885345) § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. 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, a change in the Contract Time, 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. This Section 15. 1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall 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. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 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. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 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. § 15.1.6.2 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. AIA Document A201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 37 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (896885345) § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 38 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com, User Notes: (896885345) § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other parry file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 39 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts.com. User Notes: (896885345) § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Init. AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 40 American Institute of Architects. This document was produced at 10:05:06 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for I 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 docinfo@aiacontracts com. User Notes: (896885345) Project Manual Bid Package 01 — Site SECTION 004113.2 - FORM OF PROPOSAL 1(B) — FIELD LIGHTING PROJECT: Bid Package 01 — Site Former Bluegrass Downs Grandstand 150 Downs Drive Paducah, Kentucky Name of Contractor: Mailing Address: Musco Sports Lighting, LLC 100 1 st Ave West Oskaloosa, IA 52577 Business Phone: 800-825-6020 TO: Steve Ervin, Community Development Project Manager McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42001 Paducah Sports Park Paducah, Kentucky Having carefully examined the Instructions to Bidders, Contract Agreement, General Conditions, Special Conditions, Specifications, and Drawings on the above referenced project, the undersigned bidder proposes to furnish all labor, materials, equipment, tools, supplies, services, and temporary devices required to complete the work in accordance with the contract documents and any addenda listed below for the price stated herein. BASE BID: Material Labor Tax (6% Sales Tax) TOTAL $ 11y1 3 S $.sr�35,L&� _ $ For the construction required to complete the work in accordance with the contract documents, I/We submit the following lump sum price of -TW o V�7-% Q d O w.►�+ _ " ' --ice -r -, ,-S1—,&LLARS _ f) - --- CENTS (use words) FORM OF PROPOSAL 1(B) —FIELD LIGHTING 004113.2-1 Project Manual Bid Package 01 — Site ALTERNATE BID: Paducah Sports Park Paducah, Kentucky For omission from or addition to those items, services, or construction specified in Bidding Documents by alternate number, the following lump sum price will be added or deducted from the base bid. ADDENDA: Receipt of Addenda Number(s) _1 thru 4_ is acknowledged. IJNIT PRICES: Refer to attached sheet(s) for listing of unit prices. PROPOSED SUBCONTRACTORS: Refer to attached sheet(s) for listing of proposed subcontractors. PROPOSED MATERIALS AND EQUIPMENT: Refer to attached sheet(s) for listing of proposed materials and equipment. PREVIOUS PROJECTS: Refer to attached sheet(s) for listing of previous projects. REFERENCES: Refer to attached sheet(s) for listing of project references. FORM OF PROPOSAL 1(B) — FIELD LIGHTING 004113.2-2 No Cost Alternate Bid + (Add to the - (Deduct from Change No Alternate Description Base Bid) the Base Bid) from the Base Bid) Pickleball Courts and Associated Alt. Bid No. 1 Site Work and Amenities 0,30 Alt. Bid No. 2 Basketball Courts and Associated Site Work and Amenities �� 0,00 Voluntary Alternate for Multiple Alt. Bid No. 4 Bids Show -Light on Championship 4 sp Opo ADDENDA: Receipt of Addenda Number(s) _1 thru 4_ is acknowledged. IJNIT PRICES: Refer to attached sheet(s) for listing of unit prices. PROPOSED SUBCONTRACTORS: Refer to attached sheet(s) for listing of proposed subcontractors. PROPOSED MATERIALS AND EQUIPMENT: Refer to attached sheet(s) for listing of proposed materials and equipment. PREVIOUS PROJECTS: Refer to attached sheet(s) for listing of previous projects. REFERENCES: Refer to attached sheet(s) for listing of project references. FORM OF PROPOSAL 1(B) — FIELD LIGHTING 004113.2-2 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky UNIT PRICES: Unit Prices shall include the furnishing of all labor, materials, supplies, services and shall include all: Items of cost, overhead and profit for the contractor and subcontractor involved, and shall be used uniformly without modification for either addition or deduction. The unit prices as established shall be used to determine the equitable adjustment of the contract price in connection with changes or extra work performed under the contract, and rules of measurement as set forth in the General Conditions shall govern. WORK PRICE UNIT 1. Field Sports Lighting & Installation $ / i 2. Q�-9cJL- C G..r�N o $ 3. $ / 4. $ / 5. $ / 6. $ / 7. $ / 8. $ / 9. $ / 10. $ / 11. $ / 12. $ / 13. $ / 14. $ / 15. $ / Name of Contractor: Musco Sports Lighting, LLC Authorized Represe ive Curt Mickey, Title KY Field Sales Representitive a Date .?U61-1 ( nature) FORM OF PROPOSAL 1(B) —FIELD LIGHTING 004113.2-3 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky LIST OF PROPOSED SUBCONTRACTORS The following list of proposed subcontractors is required to be executed, completed and submitted with the Bidder's Proposal. All subcontractors are subject to approval by the Owner. Failure to submit this list, completely filled out, may cause rejection of bid. BRANCH OF WORK SUBCONTRACTOR Q -,O, -k r4 \rcl l� Ele-c—+ 09 ,, �,,1� --1C-0 S-\-va -,a �,'k , �� � � , S FORM OF PROPOSAL 1(B) — FIELD LIGHTING 004113.2-4 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky LIST OF MATERIALS AND EQUIPMENT Refer to attached sheet(s) for complete listing of major components of the proposed materials and equipment. Refer to attached justification of proposed material and equipment if proposing a substitution or equal to the material and equipment contained in the Bid Documents. Every item listed under the different phases of construction must be clearly identified so that the Owner will definitely know what the bidder proposes to furnish. The use of a dealer's name or stating "as per plans and specifications" will not be considered as sufficient identification. The following list of materials and equipment is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. MATERIAL MANUFACTURER/MODEL NO. FIELD LIGHTING Musco Sports Lighting, LLC FORM OF PROPOSAL 1(B) — FIELD LIGHTING 004113.2-5 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky LIST OF PROJECT REFERENCES The following list of project references is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. PROJECT NAME: Great Crossing Park Athletic Fields PROJECT LOCATION: Georgetown, KY REFERENCE NAME: DT Wells - County Chair Scott County Parks & Recreation CONTACT INFORMATION: danieltaylorwells@yahoo.com Mobile: 502-316-3922 PROJECT NAME: Corbin High School Football - Miller BB/SB PROJECT LOCATION REFERENCE NAME CONTACT INFORMATION PROJECT NAME: PROJECT LOCATION REFERENCE NAME: CONTACT INFORMATION Cobin, KY Marlon Sams - City Manager with City of Corbin marlon.sams@corbin-ky.com Mobile: 606-215-0121 Murray State University Football / Softball Murray, KY Brock Rydecki - Associate Athletic Director jrydecki@murraystate.edu 270-809-3369 FORM OF PROPOSAL I (B) - FIELD LIGHTING 004113.2-7 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky LIST OF PREVIOUS PROJECTS The following list of previous projects is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. PROJECT NAME: PROJECT LOCATION: NUMBER OF FIELDS: YEAR COMPLETED: PROJECT NAME: PROJECT LOCATION: NUMBER OF FIELDS: YEAR COMPELTED: PROJECT NAME: PROJECT LOCATION; NUMBER OF FIELDS: YEAR COMPLETED: PROJECT NAME: PROJECT LOCATION: NUMBER OF FIELDS: YEAR COMPLETED: Grimes Sports Complex (6) Baseball, (9) Softball, (12) Soccer, (18) Multi -Use nnnn Elizabethtown Sports Park Elizabethtown, KY InN n-f1L_11 /A\ 17..,...4...11 /O\ 0....... 2011 Albertville, AL (9) Baseball/Softball, (4) Soccer, (1) Football 2019 Snowden Grove Soccer Fields South Haven, MS (7) Soccer Field 0n1)n FORM OF PROPOSAL 1(B) — FIELD LIGHTING 004113.2-6 Multi -Use Facilities Babcock Park Hialeah, Florida Baldoin Athletic Facility Brunswick, Maine Bill Noble Sports Complex Gardendale, Alabama Buena Vista Sports Complex Laredo, Texas Citizen Potawatomi Nation Complex Shawnee, Oklahoma Coppermine Edgewood Complex Edgewood, Maryland Cornerstone Park Athletic Complex Starkville, Mississippi Culpeper Sports Complex Culpeper, Virginia Eagle Pass Sports Complex Eagle Pass, Texas Eastport South Manor Complex Manorville, New York Fallon Sports Park Dublin, California Fishhawk Sports Complex Lithia, Florida Florence Athletic Complex Florence, South Carolina Frontier Family Park Queen Creek, Arizona Grimes Sportsplex Grimes, Iowa Hamilton Crossing Park Cartersville, Georga Harold Patterson Sports Center Arlington, Texas Holiday Park Fort Lauderdale, Florida John R Jones Athletic Complex Pensacola, Florida Jupiter Community Park LED Jupiter, Florida Keller Sports Park Keller, Texas Kellogg Zaher Sports Complex Las Vegas, Nevada Lee County Athletic Park Sanford, North Carolina Liberty Sports Park Upper Marlboro, Maryland Midlothian Community Park Midlothian, Texas Mike Jacobs Sports Park Tucson, Arizona Mills Field Park Saint Johns, Florida Moyer Sports Complex Salem, Virginia mTrade Park Oxford, Mississippi Northland Sports Park Kansas City, Missouri Northwest Park Rogers, Arkansas Plummer Park Edwardsville, Illinois Red Mountain Park Mesa, Arizona Riverbend Park Dalton, Georgia Sanford Sports Complex South Sioux Falls, South Dakota Sawnee Mountain Park Cumming, Georga Seminole Palms Park Royal Palm Beach, Florida The Fields at 17 Springs Millbrook, Alabama Tradition Regional Park Port Saint Lucie, Florida Trotters Park Orlando, Florida Waukee Triumph Park Waukee, Iowa Wayne Makin Sports Complex Norco, California Woodson Park Complex Oklahoma City, Oklahoma WSFS Bank Sportsplex Chester, Pennsylvania Bakersfield Park Flower Mound, Texas Bill Williams Softball Complex Midland, Texas Canton Township Victory Park Canton, Michigan Champion Park Kokomo, Indiana DeMuth Park Palm Springs, California Hopefield Perfect Game Kansas City, Missouri IMG Academy Baseball Complex Bradenton, Florida Kino Sports Complex Tucson, Arizona McQuillan Softball Complex Rochester, Minnesota Michael 0. Buchanon Park Bowling Green, Kentucky Moss Bluff Park Lake Charles, Louisiana Patriot Park North Fairfax, Virginia Pecos Baseball Complex Pecos, Texas Phillips Park Bentonville, Arkansas Reyes Mashburn Nelms Park Midland, Texas Sokol Park Northport, Alabama Surprise Stadium Surprise, Arizona Soccer Bettye Wilson Soccer Complex Las Vegas, Nevada Bridgeview Soccer Fields Bridgeview, Illinois Conway Soccer Complex Conway, Arkansas Ed Radice Park Tampa, Florida Lebanon Sports Complex Lebanon, Tennessee North Lowndes Soccer Complex Lowndes, Georga Paragon Star Sports Complex Lee's Summit, Missouri Rick Klein Park Amarillo, Texas Roseville Soccer Complex Roseville, California South Lakes Park Oklahoma City, Oklahoma Winged Deer Park Johnson City, Tennessee •Partial Listing Musco Sports Lighting, LLC zozq• Baseball Soccer Multi -Sport Corbin Rotary Park Corbin, Kentucky Greenup County High School Greenup, Kentucky Greenwood High School Bowling Green, Kentucky Louisville Slugger Field MiLB — Louisville Bats Louisville, Kentucky North Oldham High School Goshen, Kentucky Tates Creek High School Lexington, Kentucky Scott County High School Georgetown, Kentucky Trinity High School Saint Matthews, Kentucky Football Apollo High School Owensboro, Kentucky Barren County High School Glasgow, Kentucky Bishop Brossart High School Alexandria, Kentucky Bowling Green High School Bowling Green, Kentucky Boyd County High School Ashland, Kentucky Campbell County Middle School Alexandria, Kentucky Corbin High School 00 Corbin, Kentucky Covington Catholic Park Hills, Kentucky Daviess County High School Owensboro, Kentucky Erlanger Elsmere School District Lloyd Football Stadium Erlanger, Kentucky Kentucky Country Day School Louisville, Kentucky Owensboro Middle School Owensboro, Kentucky Pulaski County High School ®Q Somerset, Kentucky Thomas More College Crestview Hills, Kentucky Capitol View Park 3 Frankfort, Kentucky Henderson County High School Henderson, Kentucky Louisville City FC 42ND Butchertown Stadium Louisville, Kentucky Notre Dame High School Park Hills, Kentucky Preston Miller Park Bowling Green, Kentucky Somerset High School Somerset, Kentucky Softball Glasgow High School Glasgow, Kentucky Henderson County High School Henderson, Kentucky North Oldham High School Goshen, Kentucky Robertson County High School Mt. Olivet, Kentucky University of Louisville 0 - Louisville, Kentucky Little League Fern Creek Miracle Field Louisville, Kentucky Kereiakes Park Bowling Green, Kentucky Ray Jewel Park Taylorsville, Kentucky Other KFC YUM Center ®® Louisville Arena Basketball Louisville, Kentucky Muhlenburg County Park Parking lot lighting Greenville, Kentucky Tennis Freeman Lake Park Elizabethtown, Kentucky Greenwood High School Bowling Green, Kentucky Woodland Park Lexington, Kentucky Beechwood High School Baseball, Soccer & Softball Fort Mitchell, Kentucky Bethlehem High School Football, Soccer & Softball Bardstown, Kentucky Carter County Sports Complex Baseball, Football, Soccer & Softball Grayson, Kentucky Eastern Kentucky University WO Basketball, Football, Track & Sand Volleyball Richmond, Kentucky George Rogers Clark High School Baseball, Football, Softball & Tennis Winchester, Kentucky Great Crossing High School Baseball, Football, Soccer & Softball Georgetown, Kentucky Great Crossing Park Baseball, Softball & Tennis Georgetown, Kentucky Hart County High School Football & Tennis Munfordville, Kentucky Mount Washington Park Baseball, Softball & Soccer Mount Washington, Kentucky Murray State University Football Murray, Kentucky Spalding University Soccer & Softball Louisville, Kentucky Spencer County Baseball, Softball & Tennis Taylorsville, Kentucky University of Kentucky Commonwealth Stadium Football, Softball, Soccer, Tennis, Intramural field, Baseball Lexington, Kentucky Warren County Park Baseball & Softball Bowling Green, Kentucky Warren County Schools Greenwood High School — Baseball & Tennis Bowling Green, Kentucky li *Partial Listing **Under Construction 0) Retrofit O RGBW Show -Light m Show -Light+ RGB-U Musco Sports Lighting, LLC 2005, 2021- M-i355-enUS-io MUSCv O. 10 --AIA Document A31 -2010 - 2010 CONTRACTOR: (Name, legal status and address) Musco Sports Lighting, LLC 1001st Avenue West Oskaloosa, IA 52577 OWNER: (Name, legal status and address) City of Paducah 300 S. 5th St. Paducah, KY 42002 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square, 6GS Hartford, CT 06183 BOND AMOUNT: Five percent of Bid Amount ------(5%) PROJECT: (Name, location or address, and Project number, if any) Paducah McCracken County Sports Complex - Project #225151 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been famished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. SEE LIMITED Pc f TjEN OVIS RIDTR ATTACHED HERETO AND MADE A PART HEREOF Signed an sea e t ay of March, 2024 Musco Sports Lighting, LLC (Princip) (Seal) fitness t (Title) Travelers Caualtv and S re r.0 iS r of America T-----�_ __ (Surety) (Seal) (iYitness) Ed Williamson ('f'it19) Dean M. Clark, Attomey-in-Fact Init. AIA Document A310T —2010. Copyright ©1963, 1970 and 2010 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 AIAc 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 / document was created on under the terms of AIA Documents-on-DemandTM order no. , and is not for resale. This document is licensed by The American Institute or Architects for one-time use only, and may not be reproduced prior to its completion. osliao Limited Maintenance Provision Rider To be attached to and form part of bond no. BID BOND issued by the Travelers Casualty and Surety Company of America on behalf of Musca S12orts Lighting, LLC. in the amount of Five Percent of the Amount Bid ( 5%) and dated March 26th , 2024, in favor City of Paducah, 300 S. 5'h St., Paducah, KY 42002 for Paducah McCracken County Sports Complex — Proj. No. 225151 Principal and Surety shall guarantee that the work will be free of defective materials and workmanship for a period of Twelve (12) months following completion of the contract. Any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Musco Sports Lighting, LLC By:i^�� Travelers Casualty and Surety Com' an d America By L7ettn . 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Clark of DES MOINES , Iowa , their true and lawful Attorneys) -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 4 9� �+ FiARTF'ORD,' 011 COHtd. � CONN. State of Connecticut City of Hartford ss. E By: Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY My Commission expires the 30th day of June, 2026+ 4+� PUP,iIO Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 26th day of March , 2024 CM�P"* NACOFORD,CON ' er Kevin E. Hughes, Assi Cant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fad and the details of the bond to which this Power ofAttorney is attached. m ri 00`0 V CL O N W M U U Q 0- m m N Cll Cll O O N N U O O U U Q of Of Q Q Q CD O OO O O O O O O O O u7O O O Ln ~ O N u) O O O O M Lfj cr�O O O M � O� un Ln to N N b9 Ea9 69 64 69 64 b9 69 OO O00 O O O Ln O O Z V N CD O O O L O V O O O O O W 0) CD O Ln > 07 Ln C cc -- 01 69 bH 69 a.0 m Ln cu O _ N � O G O 0 C i i Q N a0 y O cu aO .O 7 U a)(n 71 _ O cu 'O w Y ao N OO :tt Cu 0 _ O _0 Y C O Q Q co E inL O N •O N O L O _ (ll — cu .Q N c --cu i O O i Cll 41 U +- u Cu 0O - D.0 D.0 O O O w i• a L cu O — u — U •O Cu GJ R c r, C YJ Y 0 Y .0 -0 Cu O N ao O C O Uto C(n6 Cll U- O O L ao m _ �] >O U 00 U Y J N aO0 0 (D oN O N cin E m E m �, IO Co + N N N •— LO'O M m Q U cu M-0 w Q Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky DOCUMENT 000117 - INDEX OF DRAWINGS BID PACKAGE 01- SITE PADUCAH SPORTS PARK PADUCAH,KENTUCKY TITLE COVER SHEET: BID PACKAG O1 -SITE SHEET INDEX CIVIL - SITE DEMOLITION C1.0 OVERALL SITE DEMOLITION PLAN C1.1 ENLARGED DEMOLITION PLAN C1.2 ENLARGED DEMOLITION PLAN C1.3 ENLARGED DEMOLITION PLAN CIA ENLARGED DEMOLITION PLAN C1.5 ENLARGED DEMOLITION PLAN C1.6 ENLARGED DEMOLITION PLAN C1.7 ENLARGED DEMOLITION PLAN C1.8 ENLARGED DEMOLITION PLAN C1.9 ENLARGED DEMOLITION PLAN C1.10 ENLARGED DEMOLITION PLAN C1.11 DISC GOLF COURSE DEMOLTION PLAN CIVIL - SITE DEVELOPMENT C2.OA OVERALL SITE DEVELOPMENT PLAN C2.OB OVERALL SITE DEVELOPMENT PLAN - WEST C2.00 OVERALL SITE DEVELOPMENT PLAN - EAST C2.1 ENLARGED DEVELOPMENT PLAN C22 ENLARGED DEVELOPMENT PLAN C2.3 ENLARGED DEVELOPMENT PLAN C2.4 ENLARGED DEVELOPMENT PLAN C2.5 ENLARGED DEVELOPMENT PLAN C2.6 ENLARGED DEVELOPMENT PLAN C2.7 ENLARGED DEVELOPMENT PLAN C2.8 ENLARGED DEVELOPMENT PLAN C2.9 ENLARGED DEVELOPMENT PLAN C2.10 ENLARGED DEVELOPMENT PLAN C2.11 ENLARGED DEVELOPMENT PLAN C2.12 ENLARGED DEVELOPMENT PLAN C2.13 ENLARGED DEVELOPMENT PLAN C2.14 ENLARGED DEVELOPMENT PLAN C2.15 ENLARGED DEVELOPMENT PLAN C2.16 ENLARGED DEVELOPMENT PLAN C2.17 ENLARGED DEVELOPMENT PLAN C2.18 ENLARGED DEVELOPMENT PLAN C2.19 ENLARGED DEVELOPMENT PLAN C220 ENLARGED DEVELOPMENT PLAN C221 ENLARGED DEVELOPMENT PLAN INDEX OF DRAWINGS 000117-1 Project Manual Bid Package 01 - Site CIVIL - SITE GRADING C3.0 OVERALL SITE GRADING PLAN C3.1 ENLARGED GRADING PLAN C3.2 ENLARGED GRADING PLAN C3.3 ENLARGED GRADING PLAN C3.4 ENLARGED GRADING PLAN C3.5 ENLARGED GRADING PLAN C3.6 ENLARGED GRADING PLAN C3.7 ENLARGED GRADING PLAN C3.8 ENLARGED GRADING PLAN C3.9 ENLARGED GRADING PLAN C3.10 ENLARGED GRADING PLAN C3.11 ENLARGED GRADING PLAN Paducah Sports Park Paducah, Kentucky C3.12 ENLARGED GRADING PLAN C3.13 ENLARGED GRADING PLAN C3.14 ENLARGED GRADING PLAN C3.15 ENLARGED GRADING PLAN C3.16 ENLARGED GRADING PLAN C3.17 ENLARGED GRADING PLAN C3.18 ENLARGED GRADING PLAN C3.19 ENLARGED GRADING PLAN C3.20 ENLARGED GRADING PLAN C3.21 ENLARGED GRADING PLAN C3.30 OVERALL EROSION AND SEDIMENTATION CONTROL PLAN C3.31 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.32 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.33 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.34 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.35 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.36 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.37 EROSION AND SEDIMENTATION CONTROL DETAILS CIVIL - SITE STORMWATER C4.OA OVERALL SITE STORMWATER PLAN C4.013 OVERALL SITE STORMWATER PLAN - WEST C4.00 OVERALL SITE STORMWATER PLAN - EAST C4.1 ENLARGED STORMWATER PLAN C4.2 ENLARGED STORMWATER PLAN C4.3 ENLARGED STORMWATER PLAN C4.4 ENLARGED STORMWATER PLAN C4.5 ENLARGED STORMWATER PLAN C4.7 ENLARGED STORMWATER PLAN C4.8 ENLARGED STORMWATER PLAN C4.9 ENLARGED STORMWATER PLAN C4.10 ENLARGED STORMWATER PLAN C4.11 ENLARGED STORMWATER PLAN C4.12 ENLARGED STORMWATER PLAN C4.13 ENLARGED STORMWATER PLAN C4.14 ENLARGED STORMWATER PLAN C4.15 ENLARGED STORMWATER PLAN INDEX OF DRAWINGS 000117-2 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky C4.16 ENLARGED STORMWATER PLAN C4.17 ENLARGED STORMWATER PLAN C4.18 ENLARGED STORMWATER PLAN C4.19 ENLARGED STORMWATER PLAN C4.21 ENLARGED STORMWATER PLAN C4.22 STORMWATER STRUCTURE AND PIPE TABLES C4.23 STORMWATER STRUCTURE AND PIPE TABLES C4.24 STORMWATER DETAILS C4.25 STORMWATER DETAILS C4.26 STORMWATER DETAILS C4.27 STORMWATER DETAILS CIVIL - SITE UTILITY C5.0 OVERALL SITE UTILITY PLAN C5.2 ENLARGED UTILITY PLAN C5.3 ENLARGED UTILITY PLAN C5.4 ENLARGED UTILITY PLAN C5.5 ENLARGED UTILITY PLAN C5.6 ENLARGED UTILITY PLAN C5.8 ENLARGED UTILITY PLAN C5.9 ENLARGED UTILITY PLAN C5.10 ENLARGED UTILITY PLAN C5.13 ENLARGED UTILITY PLAN C5.14 ENLARGED UTILITY PLAN C5.16 ENLARGED UTILITY PLAN C5.17 ENLARGED UTILITY PLAN C5.18 ENLARGED UTILITY PLAN C5.21 ENLARGED UTILITY PLAN C5.22 UTILITY DETAILS C5.23 UTILITY DETAILS C5.24 SANITARY SEWER LIFT STATION DETAILS C5.25 SANITARY SEWER LIFT STATION DETAILS C5.26 SANITARY SEWER PLAN AND PROFILE - LINE A & B C5.27 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.28 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.29 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.30 SANITARY SEWER PLAN AND PROFILE - LINE C C5.31 SANITARY SEWER PLAN AND PROFILE - LINE D C5.32 WATER MAIN RELOCATION PLAN AND PROFILE CIVIL - SITE DETAILS C6.0 SITE DETAILS C6.1 SITE DETAILS C6.2 SITE DETAILS LANDSCAPE L1.0 SITE FURNISHINGS AND AMENITIES - KEY PLAN L2.0 SITE FURNISHINGS AND AMENITIES PLAN L2.1 SITE FURNISHINGS AND AMENITIES PLAN L2.2 SITE FURNISHINGS AND AMENITIES PLAN INDEX OF DRAWINGS 000117-3 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky L2.3 SITE FURNISHINGS AND AMENITIES PLAN L3.0 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.1 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.2 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.3 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.4 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.5 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.6 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.7 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L4.0 OVERALL PLANTING PLAN AND PLANTING NOTES L5.0 PLANTING PLAN L5.1 PLANTING PLAN L5.2 PLANTING PLAN L5.3 PLANTING PLAN L5.4 PLANTING PLAN L5.5 PLANTING PLAN L5.6 PLANTING PLAN L5.7 PLANTING PLAN L5.8 PLANTING PLAN L5.9 PLANTING PLAN L5.10 PLANTING PLAN L5.11 PLANTING PLAN L5.12 PLANTING PLAN L5.13 PLANTING PLAN L5.14 PLANTING PLAN L5.15 PLANTING PLAN L5.16 PLANTING PLAN L5.17 PLANTING PLAN L5.18 PLANTING PLAN L6.0 PLANTING PLAN ENLARGEMENT L6.1 PLANTING PLAN ENLARGEMENT L6.2 PLANTING PLAN ENLARGEMENT L6.3 PLANTING PLAN ENLARGEMENT L7.0 SITE FURNISHING AND AMENITIES DETAILS L7.1 SITE FURNISHING AND AMENITIES DETAILS L7.2 SITE FURNISHING AND AMENITIES DETAILS L7.3 SITE FURNISHING AND AMENITIES DETAILS L7.4 SITE FURNISHING AND AMENITIES DETAILS L7.5 SITE FURNISHING AND AMENITIES DETAILS L7.6 SITE FURNISHING AND AMENITIES DETAILS L7.7 SITE FURNISHING AND AMENITIES DETAILS L7.8 SITE FURNISHING AND AMENITIES DETAILS L7.9 SITE FURNISHING AND AMENITIES DETAILS L7.10 SITE FURNISHING AND AMENITIES DETAILS L7.11 SITE FURNISHING AND AMENITIES DETAILS L7.12 SITE FURNISHING AND AMENITIES DETAILS L7.13 SITE FURNISHING AND AMENITIES DETAILS L7.14 SITE FURNISHING AND AMENITIES DETAILS L7.15 SITE FURNISHING AND AMENITIES DETAILS L7.16 SITE FURNISHING AND AMENITIES DETAILS INDEX OF DRAWINGS 000117-4 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky L7.17 PLANTING DETAILS LANDSCAPE — DISC GOLF DG1.0 DISC GOLF LAYOUT STRUCTURAL S1.0 STRUCTURAL NOTES SLI PICNIC SHELTERS FOUNDATION PLANS & DETAILS S 1.2 DUGOUTS FOUNDATION PLANS & DETAILS S 1.3 PICKLENBALL COURT PLANS — ALTERNATE NO. 1 SIA BASKETBALL COURTS PLANS — ALTERNATE NO. 2 S3.1 FOUNDATION DETAILS IRRIGATION PARTIAL ENLARGED SITE PLAN IR100 IRRIGATION INFRASTRUCTURE & AUTOMATION IR101 IRRIGATION INFRASTRUCTURE & AUTOMATION IR102 IRRIGATION INFRASTRUCTURE & AUTOMATION IR103 IRRIGATION INFRASTRUCTURE & AUTOMATION IR104 IRRIGATION INFRASTRUCTURE & AUTOMATION IR105 IRRIGATION INFRASTRUCTURE & AUTOMATION IR106 IRRIGATION INFRASTRUCTURE & AUTOMATION IR107 IRRIGATION INFRASTRUCTURE & AUTOMATION IR108 IRRIGATION INFRASTRUCTURE & AUTOMATION IR109 IRRIGATION INFRASTRUCTURE & AUTOMATION ELECTRICAL - SITE EU0.0 SITE LEAD SHEET EU1.1 OVERALL SITE PLAN EU1.2 PARTIAL ENLARGED SITE PLAN EU1.3 PARTIAL ENLARGED SITE PLAN EU I A PARTIAL ENLARGED SITE PLAN EU1.5 PARTIAL ENLARGED SITE PLAN EU1.6 PARTIAL ENLARGED SITE PLAN EU1.7 PARTIAL ENLARGED SITE PLAN EU1.8 PARTIAL ENLARGED SITE PLAN EU1.9 PARTIAL ENLARGED SITE PLAN EU1.10 PARTIAL ENLARGED SITE PLAN EU1.11 PARTIAL ENLARGED SITE PLAN EU1.12 PARTIAL ENLARGED SITE PLAN EU2.1 ELECTRICAL ENLARGED PLANS EU2.2 ELECTRICAL ENLARGED PLAN EU2.3 ELECTRICAL ENLARGED PLAN EU4.0 SITE DETAILS EU4.1 ELECTRICAL SITE DETAILS AND SCHEDULES TRANSPORTATION T1.0 COVER SHEET T2.0 GENERAL SUMMARY - STUART NELSON PARK ROAD T2.1 TYPICAL SECTIONS - STUART NELSON PARK ROAD T2.2 GENERAL NOTES - STUART NELSON PARK ROAD INDEX OF DRAWINGS 000117-5 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky T3.0 PLAN & PROFILE - US 60 TURN LANE EXTENSION T4.0 PLAN & PROFILE - STUART NELSON PARK ROAD T5.0 PLAN & PROFILE - STUART NELSON PARK ROAD T6.0 PLAN & PROFILE - STUART NELSON PARK ROAD T7.0 PLAN & PROFILE - STUART NELSON PARK ROAD T8.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T9.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T10.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T11.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T12.0 CROSS SECTIONS - STUART NELSON PARK ROAD T13.0 CROSS SECTIONS - STUART NELSON PARK ROAD T14.0 CROSS SECTIONS - STUART NELSON PARK ROAD T15.0 CROSS SECTIONS - STUART NELSON PARK ROAD T16.0 CROSS SECTIONS - STUART NELSON PARK ROAD T17.0 CROSS SECTIONS - STUART NELSON PARK ROAD T18.0 CROSS SECTIONS - STUART NELSON PARK ROAD T19.0 CROSS SECTIONS - STUART NELSON PARK ROAD T20.0 CROSS SECTIONS - STUART NELSON PARK ROAD T21.0 CROSS SECTIONS - STUART NELSON PARK ROAD T22.0 CROSS SECTIONS - STUART NELSON PARK ROAD T23.0 CROSS SECTIONS - STUART NELSON PARK ROAD T24.0 CROSS SECTIONS - STUART NELSON PARK ROAD T25.0 CROSS SECTIONS - STUART NELSON PARK ROAD T26.0 CROSS SECTIONS - STUART NELSON PARK ROAD T27.0 CROSS SECTIONS - STUART NELSON PARK ROAD T28.0 CROSS SECTIONS - STUART NELSON PARK ROAD T29.0 CROSS SECTIONS - STUART NELSON PARK ROAD T30.0 CROSS SECTIONS - STUART NELSON PARK ROAD T31.0 CROSS SECTIONS - STUART NELSON PARK ROAD T32.0 CROSS SECTIONS - STUART NELSON PARK ROAD T33.0 CROSS SECTIONS - STUART NELSON PARK ROAD T34.0 CROSS SECTIONS - STUART NELSON PARK ROAD T35.0 CROSS SECTIONS - STUART NELSON PARK ROAD T36.0 CROSS SECTIONS - STUART NELSON PARK ROAD T37.0 CROSS SECTIONS - STUART NELSON PARK ROAD T38.0 CROSS SECTIONS - STUART NELSON PARK ROAD T39.0 CROSS SECTIONS - STUART NELSON PARK ROAD T40.0 CROSS SECTIONS - STUART NELSON PARK ROAD T41.0 CROSS SECTIONS - STUART NELSON PARK ROAD T42.0 CROSS SECTIONS - STUART NELSON PARK ROAD T43.0 CROSS SECTIONS - STUART NELSON PARK ROAD T44.0 CROSS SECTIONS - STUART NELSON PARK ROAD T45.0 CROSS SECTIONS - STUART NELSON PARK ROAD T46.0 CROSS SECTIONS - STUART NELSON PARK ROAD T47.0 CROSS SECTIONS - STUART NELSON PARK ROAD END OF DOCUMENT 000117 INDEX OF DRAWINGS 000117-6 Project Manual Bid Package 01 — Site Bid Package 01 — Site Paducah Sports Park 150 Downs Drive Paducah, Kentucky DOCUMENT 000110 - TABLE OF CONTENTS Paducah Sports Park Paducah, Kentucky DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS PAGES 000116 INVITATION TO BID............................................................................................... 2 000117 INDEX OF DRAWINGS............................................................................................ 6 001100 PUBLIC NOTICE....................................................................................................... 1 002113 AIA DOCUMENT A701-2018 INSTRUCTIONS TO BIDDERS ............................. 8 002600 PROCUREMENT SUBSTITUTION PROCEDURES .............................................. 2 003119 EXISTING CONDITION INFORMATION.............................................................. 1 003143 PERMIT APPLICATION........................................................................................... 1 004113.1 FORM OF PROPOSAL — FIELD TURF................................................................... 7 004113.2 FORM OF PROPOSAL — FIELD LIGHTING........................................................... 7 004113.3 FORM OF PROPOSAL — GENERAL SITE CONSTRUCTION .............................. 6 004600.1 BID EVALUATION FORM — FIELD TURF............................................................ 2 004600.2 BID EVALUATION FORM — FIELD LIGHTING ................................................... 2 004600.3 BID EVALUATION FORM — GENERAL SITE CONSTRUCTION ....................... 1 005100.1 NOTICE OF AWARD — FIELD TURF..................................................................... 2 005100.2 NOTICE OF AWARD — FIELD LIGHTING............................................................. 2 005100.3 NOTICE OF AWARD — GENERAL SITE CONSTRUCTION ................................ 2 005213 AIA DOCUMENT A101-2017 STANDARD FORM OF AGREEMENT BETWEEN ONWER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS A STIPULATED SUM...................................................................... 8 006113.13 AIA DOCUMENT A312-2010 PERFORMANCE BOND ........................................ 4 006113.14 AIA DOCUMENT A312-2010 PAYMENT BOND .................................................. 4 007213 AIA DOCUMENT A201-2007 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION....................................................................... 39 007216 GENERAL CONDITIONS AMENDMENT.............................................................. 2 007300 SUPPLEMENTARY CONDITIONS......................................................................... 3 DIVISION O1 - GENERAL REQUIREMENTS PAGES 011000 SUMMARY................................................................................................................ 4 011200 MULTIPLE CONTRACT SUMMARY..................................................................... 7 012100 ALLOWANCES......................................................................................................... 4 012300 ALTERNATES........................................................................................................... 3 012500 SUBSTITUTION PROCEDURES............................................................................. 4 012600 CONTRACT MODIFICATION PROCEDURES...................................................... 2 012900 PAYMENT PROCEDURES...................................................................................... 4 013100 PROJECT MANAGEMENT AND COORDINATION ............................................. 6 013300 SUBMITTAL PROCEDURES................................................................................... 4 015000 TEMPORARY FACILITIES AND CONTROLS...................................................... 5 015639 TEMPORARY TREE AND PLAN PROTECTION .................................................. 7 016000 PRODUCT REQUIREMENTS.................................................................................. 7 017300 EXECUTION.............................................................................................................. 5 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ............................ 4 TABLE OF CONTENTS 000110-1 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky 017700 CLOSEOUT PROCEDURES..................................................................................... 4 017823 OPERATION AND MAINTENANCE DATA.......................................................... 8 017839 PROJECT RECORD DOCUMENTS......................................................................... 5 017900 DEMONSTRATION AND TRAINING.................................................................... 4 DIVISION 02 — EXISTING CONDITIONS PAGES 024116 STRUCTURE DEMOLITION................................................................................... 5 DIVISION 03 — CONCRETE PAGES 033000 CAST IN PLACE CONCRETE.................................................................................. 10 034500 PRECAST ARCHITECTURAL CONCRETE........................................................... 8 DIVISION 04 — MASONRY PAGES 042000 UNIT MASONRY...................................................................................................... 15 042200 CONCRETE MASONRY UNIT - LOADBEARING................................................ 3 044300 STONE MASONRY................................................................................................... 8 DIVISION 05 — METALS PAGES 051200 STRUCTURAL STEEL FRAMING.......................................................................... 8 055213 PIPE AND METAL FABRICATION........................................................................ 4 DIVISION 10 — SPECIALTIES PAGES 107300 PROTECTIVE COVERS............................................................................................ 8 107529 PLAZA -MOUNTED FLAGPOLES........................................................................... 4 DIVISION 11 - EQUIPMENT PAGES 116800 PLAYGROUND EQUIPMENT AND STRUCTURES ............................................. 8 116810 ATHLETIC FIELD EQUIPMENT AND STRUCTURES ......................................... 8 116833 SPORT NETTING SYSTEMS................................................................................... 6 116843 EXTERIOR MULTISPORT SCOREBOARDS......................................................... 6 DIVISION 26 — ELECTRICAL 260000 GENERAL PROVISIONS FOR ELECTRICAL....................................................... 260500 COMMON WORK RESULTS................................................................................... 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ......... 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS .......................... 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS .............................. 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS .................................... 260548 VIBRATION AND SEISMIC CONTROLS FOR ELECTRICAL SYSTEMS ......... 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS ................................................ 262416 PANELBOARDS........................................................................................................ 262726 WIRING DEVICES.................................................................................................... 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS .......................................... 264313 TRANSIENT -VOLTAGE SUPPRESSION FOR LOW -VOLTAGE ELECTRICAL POWERCIRCUITS.................................................................................................... 265613 LIGHTING POLES AND STANDARDS.................................................................. 265619 LED EXTERIOR LIGHTING.................................................................................... 265668 ATHLETIC SPORTS LIGHTING............................................................................. PAGES 11 2 3 3 4 4 7 3 7 4 3 4 6 6 10 TABLE OF CONTENTS 000110-2 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky DIVISION 31 — EARTHWORK PAGES 311000 SITE CLEARING....................................................................................................... 4 312000 EARTH MOVING...................................................................................................... 10 313213.16 CEMENT SOIL STABILIZATION........................................................................... 10 DIVISION 32 — EXTERIOR IMPROVEMENTS PAGES 321216 ASPHALT PAVING................................................................................................... 6 321313 CONCRETE PAVING................................................................................................ 6 321373 CONCRETE PAVING JOINT SEALANTS.............................................................. 6 321413 PRECAST CONCRETE UNIT PAVING................................................................... 4 321813 SYNTHETIC GRASS SURFACING......................................................................... 10 321816 PLAYGROUND SURFACING.................................................................................. 6 321823 SPORT COURT SURFACING.................................................................................. 6 323113 CHAIN LINK FENCES AND GATES...................................................................... 8 323115 WOOD FENCES........................................................................................................ 4 323119 DECORATIVE METAL FENCES AND GATES ..................................................... 4 323300 SITE FURNISHINGS................................................................................................. 8 328400 PLANTING IRRIGATION........................................................................................ 28 329113 SOIL PREPARATION............................................................................................... 12 329200 TURF AND GRASSES.............................................................................................. 12 329300 PLANTS...................................................................................................................... 8 DIVISION 33 — UTILITIES PAGES 331113 FACILITY WATER DISTRIBUTION...................................................................... 8 331313 FACILITY SANITARY SEWERS............................................................................. 6 331314 MUNICIPAL SANITARY SEWERS......................................................................... 6 335100 NATURAL GAS DISTRIBUTION............................................................................ 9 334100 STORM UTILITY DRAINAGE PIPING................................................................... 10 335616 FUEL STORAGE TANK........................................................................................... 4 APPENDIX Appendix 1 PHASE 1 ENVIRONMENTAL SITE ASSESSMENT .............................................. 27 Appendix 2 GEOTECHNICAL EXPLORATION REPORT......................................................... 45 END OF DOCUMENT 000110 TABLE OF CONTENTS 000110-3 Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Accept recommendation from Sports Tourism Commission for evaluated bids for Paducah Sports Park for Bid Package 01 - Site/Civil and Bid Package 02 - Buildings and approve construction contracts with A&K Construction in the amount of $47,771,839.00 - A. CLARK & D. JORDAN Category: Municipal Order Staff Work By: Arnie Clark Presentation By: Arnie Clark, Daron Jordan Background Information: PFGW Architects, on behalf of the Sports Tourism Commission, McCracken County Fiscal Court, and City of Paducah released a Request for Bids on February 17 for Site/Civil for the Paducah Sports Park. Bid Opening was held March 26. Three (3) bids were submitted. Bid Package 02: Buildings was released on March 23. Bid Opening was held April 30. Two (2) bids were submitted. A selection committee with representation from the Fiscal Court, City, Design Team, and Operations Team was formed to review and evaluate the bids. A&K Construction submitted bids for both Bid Package 01 and Bid Package 02, and was the apparent low bidder for both packages. After review, the selection committee recommended a contract with A&K Construction for both packages. Per the ILA, the McCracken County Sports Tourism commission must approve and make a recommendation to both the Fiscal Court and the City Commission for consideration and approval of construction contracts. The McCracken County Sports Tourism Commission approved the recommendation from the selection committee on Monday, June 10, and proceeds with a recommendation for a contract for services with A&K Construction. Accept recommendation from the Sports Tourism Commission and authorize execution of a contract for services with A&K Construction in the amount of $47,771,839.00 for Bid Package 1: Site/Civil and Bid Package 02: Buildings for the Paducah Sports Park project. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Paducah Sports Park Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve Attachments: 1. MO A&K Construction Sports Park 2. AK A 101-2017 - FINAL DRAFT Bid Package 1 C_20240620 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING THE RECOMMENDATION OF THE McCRACKEN COUNTY SPORTS TOURISM COMMISSION TO ACCEPT THE BID PACKAGE FOR GENERAL SITE CONSTRUCTION AND BUILDING CONSTRUCTION FOR THE PADUCAH SPORTS PARK PROJECT IN THE AMOUNT OF $47,771,839 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME WHEREAS, on September 7, 2022, the City of Paducah, the County of McCracken, and the McCracken County Sports Tourism Commission entered into an Interlocal Cooperation Agreement for the Development and Operation of the Paducah -McCracken County Athletic Complex (hereinafter "Interlocal Agreement"); and WHEREAS, in accordance with the requirements of the Interlocal Agreement, the McCracken County Sports Tourism Commission has presented its recommendation of the best -evaluated bids and associated construction contracts for the completion of the work contemplated by the formerly approved construction plans; and WHEREAS, the City Commission now desires to accept the McCracken County Sports Tourism Commission's recommendation for the General Site Construction and Building Construction for the Paducah Sports Park Project. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City Commission hereby approves the recommendation of the McCracken County Sports Tourism Commission, and accepts the bid proposal of A&K Construction, in the amount of $47,771,839, for General Site Construction and Building Construction for the Paducah Sports Park Project. SECTION 2. That the Mayor is hereby authorized to execute an agreement and all other documents necessary with A&K Construction, for the General Site Construction and Building Construction for the Paducah Sports Park, as authorized in Section 1 above. Said agreement shall be in accordance with the specifications, bid proposal, and all contract documents heretofore approved and incorporated in the bid. its adoption. SECTION 3. This Order will be in full force and effect from and after the date of George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, MO\Agree — A&K Construction Sports Park — Sports Tourism Commission . Document X41Q1° - 2017 M Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the twenty fourth day of June in the year two thousand twenty-four. ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has Bid Package 1C & 2A — Site & Building added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original The Architect: AIA standard form. An Additions and McCracken County Fiscal Court Deletions Report that notes added 300 Clarence Gaines Street information as well as revisions to the Paducah, KY 42003 standard form text is available from PO Box 510 the author and should be reviewed A and the Contractor: vertical line in the left margin of this (Name, legal statits, address and other information) document indicates where the author has added necessary information A&K Construction and where the author has added to or deleted from the original AIA text. 100 Calloway Court Paducah, KY 42001 This document has important legal consequences. Consultation with an for the following Project: attorney is encouraged with respect (Name, location and detailed description) to its completion or modification. The Owner and Contractor agree as follows - AIA AIA Document A101 —2017 Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts com User Notes: (1867984997) The parties should complete Paducah Sports Park Al 010-2017, Exhibit A, Insurance Bid Package 1C & 2A — Site & Building and Bonds, contemporaneously with Paducah, Kentucky 42001 this Agreement. AIA Document A2010-2017, General Conditions of The Architect: the Contract for Construction, is (Name, legal status, address and other information) adopted in this document by reference. Do not use with other Peck Flannery Gream Warren Inc. general conditions unless this PO Box 510 document is modified 101 South Fourth Street Paducah, Kentucky 42002-0510 The Owner and Contractor agree as follows - AIA AIA Document A101 —2017 Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts com User Notes: (1867984997) 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 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the folloiving boxes) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. ( ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work,) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the folloiving boxes and complete the necessary information.) [ X ] Bid Package 1C & 2A - Not later than five hundred five ( 505 ) calendar days from the date of commencement of the Work. By the following date: Init. AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 2 American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts.com. User Notes: (1867984997) § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. 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 forty seven million, seven hundred seventy-one thousand, eight hundred thirty-eight dollars and 83/100 ($47,771,838.83), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item N/A Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate) Item Price Conditions for Acceptance N/A § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item N/A Price § 4.4 Unit prices, if any: (Idents the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) $1,000.00 per calendar day until completion. § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued 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. Init. AIA Document A101 —2017. Copyright@ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for / resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1867984997) § 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 Architect not later than the 25t1, day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local lmvs may require payment within a certain period of time.) § 5.1.4 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. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201 TM -2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 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; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing la1v.) Ten percent (10%) § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) AIA Document A101 —2017- Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 4 American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1867984997) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the relainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications,) After issuance of Certificate of Substantial Completion, Retainage shall be reduced to five percent (5%). § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of relainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 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 Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shal I be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 5.3 Interest 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.) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (Jf the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box,) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 Init. AIA Document A101 —2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017- All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 5 American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No,4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com_ User Notes: (1867984997) [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of A[A Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or methodfor determining, the fee, if any, payable to the Contractor following a termination for the Owner's convenience.) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017 ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Steve Ervin, Community Development Project Manager McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 § 8.3 The Contractor's representative: (,'Name, address, email address, and other information) Bill Boyd, President A&K Construction, Inc. 100 Calloway Court Paducah, KY 42001 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document AI OlTM-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AJO1TM-2017 Exhibit A, and elsewhere in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: AIA Document A101 —2017. Copyright(D 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 6 American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts.com. User Notes: (1867984997) (If other than in accordance ivith AIA Document E203-2013, insert requirements for delivering notice in electronic formal such as name, title, and email address of the recipient and whether and how the system ivill be required to generate a read receipt.for the transmission.) § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A I O1TM-2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document AJO1T"r-2017, Exhibit A, Insurance and Bonds .3 AIA Document A201Tm-2017, General Conditions of the Contract for Construction .4 Drawings Number - Bid Package 1 C Title Date Pages See Attached Index of Drawings 0001 17 -Index of Drawings February 20, 2024 6 Number - Bid Package 2A Title Date Pages See Attached Index of Drawings 000117 -Index of Drawings March 26, 2024 8 .5 Specifications Section - Bid Package 1C See Attached Table of Contents Section - Bid Package 2A See Attached Table of Contents .6 Addenda, if any: Number - Bid Package 1C Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Number- Bid Package 2A Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Title Date 0001100 -Table of Contents February 20, 2024 Title Pages 4 Date Pages 000110 -Table of Contents March 26, 2024 Date Pages February 23, 2024 16 March 11, 2024 102 March 14, 2024 12 March 21, 2024 93 Date Pages February 23, 2024 38 March 11, 2024 65 March 14, 2024 39 March 21, 2024 2 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .7 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) ] AIA Document E204T111-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.) [ ] The Sustainability Plan: AIA Document A101 -2017, Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 7 American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1867984997) Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A201 Tm-2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Contractors Original Form of Proposal Exhibit — Const Reduction List Bid Backage 1 C & 2A Contractors Performance & Payment Bonds Contractors Certificate of Insurance Bid Package 1 C & 2A - Index of Drawings Bid Package 1C & 2A - Table of Contents This Agreement entered into as of the day and year first written above. McCracken County Fiscal Court A&K Construction, Inc. OWNER (Signature) CONTRACTOR (Signature) Craig Z. Clymer. Judge Executive Bill Boyd, President (Printed name and title) (Printed name and title) AIA Document A101 — 2017- Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 8 American Institute of Architects. This document was produced at 14:10:51 ET on 06/18/2024 under Order No, 4104248855 which expires on 01/31/2025, is not for / resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1867984997) Document A201"-2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Paducah Sports Park — Bid Package 1 C & 2A — Site & Building ADDITIONS AND DELETIONS: The author of this document has Paducah, Kentucky 42001 added information needed for its completion. The author may also THE OWNER: have revised the text of the original (Name, legal status and address) AIA standard form. An Additions and Deletions Report that notes added McCracken County Fiscal Court information as well as revisions to the 300 Clarence Gaines Street standard form text is available from Paducah, KY 42003 the author and should be reviewed. A vertical line in the left margin of this THE ARCHITECT: document indicates where the author (Name, legal status and address) has added necessary information and where the author has added to or Peck Flannery Gream Warren Inc. deleted from the original AIA text. PO Box 510 This document has important legal 101 South Fourth Street consequences. Consultation with an Paducah, KY 42002-0510 attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES For guidance in modifying this 1 GENERAL PROVISIONS document to include supplementary conditions, see AIA Document 2 OWNER A503TM, Guide for Supplementary Conditions 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE 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 Init.AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts com. User Notes: (1345532997) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init.AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 2 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4,9.6.8,9.10.2,9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017_ All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.cam, (1345532997) User Notes: Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9. 1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13. 1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Init.AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 4 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1345532997) Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15. LI Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5. 1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 5 American Institute of Architects. This document was produced at 10:07:05 ET on 06/1012024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The li American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4,2.5,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9. 10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Init. AIA Document A201 — 2017, Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 7 American Institute of Architects This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9. 10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3.11,3.12,42,5.2,6.1.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved, 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 8 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No 4104248855 which expires on 01/31/2025, is not for a' 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 docinfo@aiacontracts,com. User Notes: (1345532997) Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, l 5.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1. 1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA Document A201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 9 American Institute of Architects, This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 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 a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 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 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 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 complementary, and what is 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. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and -AIA Contract Documents' are trademarks of The 10 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1345532997) § 1.2.1.1 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. § 1.3 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 retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution ofthe Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the 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 E203Tm-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 E203T11'-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017_ All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 11 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) G202T11'-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. 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 a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shal I not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 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 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 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. ]nit. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 12 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 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. § 2.4 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 as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order 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 Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, 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. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. 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 Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 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 Architect in the Architect's 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 visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 13 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts,com.. User Notes: (1345532997) § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, 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 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. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 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. 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 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 notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects 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. § 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 approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Inst. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 14 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work 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. § 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 as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 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 and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect 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 that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect 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 and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 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 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. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017- All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 15 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01131/2025, is not for 1 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 docinfo@aiacontracts,com. User Notes: (1345532997) § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. ftems 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 perfonnance 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 notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice 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 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. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the 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 perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 16 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1345532997) delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 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 how 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 is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is 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 Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect. Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner 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 approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such 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 Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute or Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 17 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for I 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 docinfo@aiacontracts,com. User Notes: (1345532997) specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately 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 and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and 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. § 3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been perfonmed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 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, or patching shall be restored to the condition existing prior to the cutting, fitting, or 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 or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with 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 and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 18 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 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 3.18.1 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. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The 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. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the 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. § 4.2.3 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 promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. Init. AIA Document A201 — 2017, Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 19 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts com. User Notes: (1345532997) § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals 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 Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety precautions or 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. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 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 Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 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 rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests 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. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 20 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com, User Notes: (1345532997) 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 a Separate Contractor or the subcontractors of a Separate Contractor. § 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, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice 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 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 or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner 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 for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations 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 and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner 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 proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. Inst. AIA Document A201 —2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017- All rights reserved. "The American Institute of Architects," "American Institute of Architects," AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 21 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for I 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 docinfo@aiacontracts.com. User Notes: (1345532997) When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such 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 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 SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has 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 and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's 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 or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. 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 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 22 Amedmn Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order N0.4104248855 which expires on 01/31/2025, is not for C 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 docinfo@aiacontracts,com. User Notes: (1345532997) § 6.2.5 The Owner and each Separate Contractor 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 If a dispute arises among the Contractor, Separate 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 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, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner 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. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect 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. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner 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. § 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 of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 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 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: AIA Document A201 — 2017- Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017_ All rights Init. reserved. "The American Institute sof Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 23 American Institute of Architects, This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (1345532997) .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .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, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 if the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the 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. § 7.3.7 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. § 7.3.8 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 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 Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's 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 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 Architect will 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 may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. 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. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects,' "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 24 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, 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 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 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. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. Init. AIA Document A201 — 2017- Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 25 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'D Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1345532997) § 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 supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 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, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations 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 Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and 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 Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; Inst. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 26 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (1345532997) .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier 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 Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a 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 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 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 Architect and Owner 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 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 and suppliers to ascertain whether they have been properly paid. Neither the Owner 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. § 9.6.5 The Contractor's payments to 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. § 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. AIA Document A201 —2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 27 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 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 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. § 9.8.3 Upon receipt of the Contractor's list, the Architect 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 Contractor's list, which is not sufficiently complete in accordance with 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 to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 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. § 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 Project. 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 shall 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, 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. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved_ "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 28 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for I 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 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 receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with 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 Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (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, and (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. 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, 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 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 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. 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. § 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 Init. AIA Document A201 — 2017, Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 29 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1345532997) .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 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 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. § 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 and 10.2.1.3 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 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either ofthem, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 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 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, notice of the 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 or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the 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 and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 30 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for ! resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsa Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1345532997) promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous 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 hazardous 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. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances 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. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 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. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 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. § 11.1.4 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 AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 31 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1345532997) 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 Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives al I rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors. and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects,' "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 32 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts,com.. User Notes: (1345532997) The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. 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 Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the 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 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 Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 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 notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. 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. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 33 American Institute of Architects, This document was produced at 10:07:05 ET on 06/10/2024 under Order No, 4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts,com. User Notes: (1345532997) § 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. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 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 of the Owner or Separate Contractors, whether completed or partially completed, 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. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, 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 upon in writing. § 13.4 Tests and Inspections § 13.4.1 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 Init. AIA Document A201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 34 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order NoAl04248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 if the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the 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 Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 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 Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 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 Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 35 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect 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, seven days' 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. § 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. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, 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, 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, the Contractor shal I .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; and .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. Init. AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 36 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. 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, a change in the Contract Time, 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. This Section 15. 1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall 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. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 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. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 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. § 15.1.6.2 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. AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017.AII rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The 37 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017- All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 38 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. resgried, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Gontraat Documents" are trademarks of The 39 Ameridan Institute of Architects. This document was produced at 10:67:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1345532997) § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 40 American Institute of Architects. This document was produced at 10:07:05 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1345532997) Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky SECTION 004113.3 - FORM OF PROPOSAL 1(C) — GENERAL SITE CONSTRUCTION PROJECT: Bid Package 01 — Site Former Bluegrass Downs Grandstand 150 Downs Drive Paducah, Kentucky Name of Contractor: A&K Construction Inc. Mailing Address: 100 Calloway Court Paducah, KY 42001 Business Phone: 270-441-7752 TO: Steve Ervin, Community Development Project Manager McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42001 Having carefully examined the Instructions to Bidders, Contract Agreement, General Conditions, Special Conditions, Specifications, and Drawings on the above referenced project, the undersigned bidder proposes to furnish all labor, materials, equipment, tools, supplies, services, and temporary devices required to complete the work in accordance with the contract documents and any addenda listed below for the price stated herein. BASE BID: Grading and Earthwork $ Site Utilities $ �Z04 0©0.vQ General Site Construction $�}-70, 11& Q L} Roads and Parking $ �3 Site Structures $ 49,qo . 00 Playground Equipment $ �339 4,00 Landscaping $ A Irrigation $ .Zqr do PlantingNii§�l $ 5,,5(0'1 ,-2_3q-+ m TOTAL $ Ll (pr 9 660. 60 FORM OF PROPOSAL 1(C) — GENERAL SITE CONSTRUCTION 004113.3-1 Project Manual Bid Package 01 - Site Paducah Sports Park Paducah, Kentucky For the construction required to complete the work in accordance with the contract documents, I/We submit the following lump sum price of 111 -, _DOLLARS NO CENTS (use ords) 1 j ALTERNATE BID: For omission from or addition to those items, services, or construction specified in Bidding Documents by alternate number, the following lump sum price will be added or deducted from the base bid. Coordinate Alternate Bid No. 1 and No. 2 with Package 1(B) -Field Lighting. ADDENDA: Receipt of Addenda Number(s) 1 thru 4 is acknowledged. UNIT PRICES: Refer to attached sheet(s) for listing of unit prices. PROPOSED SUBCONTRACTORS: Refer to attached sheet(s) for listing of proposed subcontractors. PROPOSED MATERIALS AND EQUIPMENT: Refer to attached sheet(s) for listing of proposed materials and equipment. REFERENCES: Refer to attached sheet(s) for listing of project references. FORM OF PROPOSAL 1(C) - GENERAL SITE CONSTRUCTION 004113.3-2 No Cost Alternate Bid Alternate Description + (Add to the - (Deduct from Change No. Base Bid) the Base Bid) from the Base Bid) Alt. Bid No. 1 Pickleball Courts and Associated l� OHO Site Work and Amenities f Basketball Courts and Associated �eJ? Goo > Alt. Bid No. 2 Site Work and Amenities Alt. Bid No. 3 Sanitary Sewer Wet Weather V 124, 24I coo Overflow ADDENDA: Receipt of Addenda Number(s) 1 thru 4 is acknowledged. UNIT PRICES: Refer to attached sheet(s) for listing of unit prices. PROPOSED SUBCONTRACTORS: Refer to attached sheet(s) for listing of proposed subcontractors. PROPOSED MATERIALS AND EQUIPMENT: Refer to attached sheet(s) for listing of proposed materials and equipment. REFERENCES: Refer to attached sheet(s) for listing of project references. FORM OF PROPOSAL 1(C) - GENERAL SITE CONSTRUCTION 004113.3-2 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky UNIT PRICES: Unit Prices shall include the furnishing of all labor, materials, supplies, services and shall include all: Items of cost, overhead and profit for the contractor and subcontractor involved, and shall be used uniformly without modification for either addition or deduction. The unit prices as established shall be used to determine the equitable adjustment of the contract price in connection with changes or extra work performed under the contract, and rules of measurement as set forth in the General Conditions shall govern. MUM Civil 1. Concrete Sidewalks — Installed 2. Concrete Curbs — Installed 3. Asphalt Paving — Installed 4. Chain Link Fencing - Installed 5. xxx Landscape 1. Shade Tree — Installed 2. Ornamental Tree — Installed 3. Evergreen Tree — Installed 4. Shrub — Installed 5, Perennial — Installed 6. Plug — Installed 7, Sod — Installed g. Seed — Installed 9,Mulch — Installed 10. Irrigation Piping — Installed Name of Contractor: A&K Construction, Inc. Authorized Representative Bill (Signature) PRICE UNIT $ (��(�� (� �'j / CY $ r�-j U / $ I� l / LF CY $ 7 / LF $ q50,60 / EA $ G / EA $ �/_ Cho / $ ! I O l EA EA $ 2-0! �0 / EA $ W / SF $ 2-( / SF $ ��5 60 / $ I �.() / CY LF Title President Date 3/26/24 FORM OF PROPOSAL 1(C) — GENERAL SITE CONSTRUCTION 004113.3-3 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky LIST OF PROPOSED SUBCONTRACTORS The following list of proposed subcontractors is required to be executed, completed and submitted with the Bidder's Proposal. All subcontractors are subject to approval by the Owner. Failure to submit this list, completely filled out, may cause rejection of bid. BRANCH OF WORK STRUCTURE DEMOLITION (DIVISION 02) CAST -IN-PLACE CONCRETE (DIVISION 03) POST -TENSION REINFORCEMENT (DIVISION 03) MASONRY (DIVISION 04) STRUCTURAL STEEL FABRICATOR (DIVISION 05) SITE CLEARING (DIVISION 31) SITE GRADING (DIVISION 31) ELECTRICAL (DIVISION 26) CONCRETTE PAVING (DIVISION 32) ASPHALT PAVING (DIVISION 32) PLANTING/LANDSCAPING (DIVISION 32) IRRIGATION (DIVISION 32) FENCING AND GATES (DIVISION 32) SITE UTLITIES (DIVISION 33) SUBCONTRACTOR n i [ tk i W EM Duu /�� - LKJO,Q� T;-�7 6&�A FORM OF PROPOSAL 1(C) — GENERAL SITE CONSTRUCTION 004113.3-4 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky LIST OF MATERIALS AND EQUIPMENT Every item listed under the different phases of construction must be clearly identified so that the Owner will definitely know what the bidder proposes to furnish. The use of a dealer's name or stating "as per plans and specifications" will not be considered as sufficient identification. The following list of materials and equipment is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. MATERIAL MANUFACTURER/MODEL NO. CAST -IN -PLACE -CONCRETE CONCETE MASONRY BRICK VENEER MASONRY ' STONE MASONRY STRUCTRAL STEEL ASPHALT PAVING V fry PLAYGROUND EQUIPMENT �oS(�J� J ` VY ► �X SHELTERS/PAVILIONS 1 r l SHADE STRUCTURES SITE FURNISHINGS�� SPORT NETTING V ✓� SITE LIGHTING FIXTURES r % � LIGHT POLES U �� G ti u f u r r PULL BOXES( POWER PEDASTAL i PANELBOARD FORM OF OF PROPOSAL I (C) — GENERAL SITE CONSTRUCTION 004113.3-5 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky LIST OF PROJECT REFERENCES The following list of project references is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. PROJECT NAME: McCracken County High School PROJECT LOCATION: Paducah, KY REFERENCE NAME: Hollv Kine CONTACT INFORMATION: Hollv King - 270-519-9867 PROJECT NAME: Madisonville Sports Plex PROJECT LOCATION: Madisonville, KY REFERENCE NAME: Chris Jones CONTACT INFORMATION: Chris Jones - Sherman Carter Barnhart - 270-564-1146 c ones@ scbarchitects.com PROJECT NAME: Paducah Middle School PROJECT LOCATION: Paducah. KY REFERENCE NAME: Trov Brock - Paducah Public Schools CONTACT INFORMATION: Troy Brock - 270-994-7008 troy.brock@paducah.kyschools.us FORM OF PROPOSAL 1(C) — GENERAL SITE CONSTRUCTION 004113.3-6 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky SECTION 004600.3 — BID EVALUATION FORM — GENERAL SITE CONSTRUCTION PROJECT: Paducah Sports Park Bid Package 01 - Site DATE: 3/26/24 BIDDER: A&K Construction, Inc. To be completed by Owner once bids have been received. GRADING CRITERIA: Evaluate the Bidder's Criteria on a rated value scale: 0 = the lowest value to 10 = the highest value for each item listed below. Rating x Weighted Percent = Criterion Score The Sum of all Criterion Scores shall be the Owner's basis of the Bidder's Overall Score. BIDDER'S OVERALL TOTAL SCORE PREFERENCE TO KENTUCKY BIDDERS 1. Bidder is a resident of the following state: Kentuckv 2. If Bidder is a non-resident of the Commonwealth of Kentucky, indicate if any preference is given by the resident's state: 3. Addition of any reciprocal preference for resident bidders: _ _ BID EVALUATION FORM — GENERAL SITE CONSTRUCTION 004600.3- 1 RATING WEIGHTED CRITERION NO. CRITERIA ITEMS VALUE PERCENT SCORE (0--10) Ability to meet or exceed the plans, 1. specifications and performance 20 re uirements. Incorporation of local vendors and 10 2' subcontractors. 3. Comparison with basis -of -design products. 10 Amount of self -performance by bidder 10 4 forces. Price and value of bid per evaluation of the 20 5. selection committee. Financial stability, bondable, recent 10 6_ litigation of the vendor. Ability to assist Owner with direct 10 7. purchasing process. 8. Customer references. 10 BIDDER'S OVERALL TOTAL SCORE PREFERENCE TO KENTUCKY BIDDERS 1. Bidder is a resident of the following state: Kentuckv 2. If Bidder is a non-resident of the Commonwealth of Kentucky, indicate if any preference is given by the resident's state: 3. Addition of any reciprocal preference for resident bidders: _ _ BID EVALUATION FORM — GENERAL SITE CONSTRUCTION 004600.3- 1 BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 - CONTRACTOR: (Name, legal status and address) A & K Construction Inc. 100 Calloway Court Paducah, KY 42001 OWNER: (Name, legal status and address) McCracken County Fiscal Court 300 Clarence Gains Street Paducah KY 42003 BOND AMOUNT: 5% of attached bid SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 PROJECT: (Name, location or address, and Project number, if any) Paducah Sports Park - Bid Package 1 - Site - General Site Construction Paducah KY The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 edition Signed and sealed this (Witness) 25 day of March _ 2024 (Witness) Nate T. Byerly A & K Construction, Inc. �/jlqL (Principal) (Seal) President (Title) Travelers Casualty and Surety Company of America MiA'UE' er (Surety) Misty G. eye- (Seal) Attorney -in -Fact (Title) &w'= {� CONN. urrua The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 edition 2 TRAVELERSSJ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Misty G. Meyer of BENTON , Kentucky , their true and lawful Attcmey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizanoes, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their 'business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company 4P T� cow am K State of Connecticut City of Hartford ss. By Robert L. Rane enlor vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. R P �, IN WITNESS WHEREOF, I hereunto set my hand and official seal .+` Ar-,� My Commission expires the 30th day of June, 2026 r* rumamw P10 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 25 day of March , 2024 w Kevin E. Hughes, Asst taut Secretary To verify fhe authenticity of this Power ofAftomey, please tali us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. �r /� T 1 RQY ELLc RS J SURETY BOND SEAL ADDENDUM TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Due to logistical issues associated with the use of traditional seals during the COVID-19 pandemic, Travelers Casualty and Surety Company of America ("Travelers' has authorized its Attorneys -in -Fact to affix Travelers' corporate seal to any bond executed on behalf of Travelers by any such Attorney -in -Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of Travelers by its Attorney - in -Fact, Travelers hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this 16th day of March, 2020. Travelers Casualty and Surety Company of America CONN. By: _ "dx� Robert L. Raney, Senio ice President PADUCAH SPORTS PARK Exhibit — Cost Reduction List Bid Package 1C Site / 2A Buildings I A&K Construction Base Bid - A&K Vendor Provide Pricing Status Base Bid Site $ 46,046,000.00 Base Bid Structures $ 19,917,000.00 Eliminate field curb from site vendor $ (172,524.00) $ Rejected Vol. Alt for combination of Bid package 1 and Bid package 2. $ (126,000.00) $ (126,000.00) Accepted Site masonry PENDING $ Pending Shade structures PENDING $ Pending Overall reductions in landscaping including but not limited: reductions, direct purchase, island landscaping. Change in plant material, reducing to city min, changing to seeding and others previously covered under VE#9A through #9P] $ (1,724,496.00) $ (1,724,496.00) Accepted Replace Modular Dugout with Site Dugouts (net replacement costs with stick -build) $ (198,750.00) $ (198,750.00) Accepted Reductions to irrigation system (subject to landscaping reductions (25% targeted reduction)' $ (500,000.00) $ (500,000.00) Accepted Reduce/modify Soil amendments $ (39,500.00) $ (39,500.00) Accepted eliminate 10 islands at SNP road parking lot in others in others Accepted Eliminate bio -char from landscaping rootzone $ (550,000.00) $ (550,000.00) Accepted Convert maintenance and overflow parking at Metcalfto gravel $ (411,000.00) $ (411,000.00) Accepted Recycle and dispose of recyclable materials on site potentially at existing track pond. $ (15,350.00) $ (15,350.00) Accepted Eliminate show power at championship field $ (32,540.00) $ (32,540.00) Accepted Reduce height and type of perimeter fence (vinyl and cedar $ (40,000.00) $ (40,000.00) Accepted grandstand - open lower floor concept. Eliminate HVAC and exterior enclosure on west side of building PENDING $ Pending Eliminate entire grandstand element, replace with limited new structure I ess 15% for demolition $ and replacement design (8407,232.00) $ (8,407,232.00) Accepted Eliminate other amenities associatedwith concerts PENDING $ Pending Eliminate other amenities associatedwith concerts PENDING $ Pending Remove Field 1 (Championship] from current design $ (1,311,000.00) $ (1,311,000.00) Accepted Eliminate balance of site improvements at maintenance yard and operate from rental property in VE#30 $ Accepted eliminate new maintenance building complex $ (1,412,668.00) $ (1,412,668.00) Accepted eliminate all renovationsto existing maintenance buildings in above in above Accepted Delete improvements to 650 building, remove from site. Leave 15% for demolition/redesign $ (325,568.00) $ (325,568.00) Accepted Eliminate playground equipment as shown in bid package #1. Eliminate all but communitq SN Parkequipment. $ (157,000.00) $ (157,000.00) Accepted playground by turf contractor, at SNP, Credit from A&K. See VE #135 for missing playground surface PENDING Delete plaLlpround amenities. Netting and seating, etc $ (48,400.00) $ (48,400.00) Alternate rock design at fields/ drainpipe savings, crowning offield; 1/2% crowning $ 275,000.00 $ Rejected Remove one rectangle field (field #101. And associated retainingwall. REJECTED $ Rejected Eliminate event dog runs $ (17,641.00) $ (17,641.00) Accepted Eliminate bike racks $ (7,301.00) $ (7,301.00) Accepted Deduct pickleball courts and parking as shown in Bid drawings $ (1,385,000.00) $ (1,385,000.00) Accepted Reduce flag poles to2total $ (11,719.00) $ (11,719.00) Accepted Reduce LF of curb gutter by 10%. Possibly at bioswales, use ofwheel stops in lieu of C/G, $ (38,000.00) $ Pending Eliminate Field stabilization - rectan le fields only $ (702,000.00) $ (702,000.00) Accepted Convert asphalt parking areas to porous grass PENDING $ Pending Convert asphalt paving areas to dustless material PENDING $ Pending Review changing pavers to concrete, standard, 4000 psi, 4" paving/sidewalk. $ (116,000.00) $ (116,000.00) Accepted Review changing pavers to DG at SN memorial $ (104,385.00) $ Rejected Review changing of VehicularPaverstoas halt. $ (15,826.00) $ (15,826.00) Accepted Continued PAOUCAH SPORTS PARK Review changing of Concrete to asphalt or DG at sidewalks and perimeter walks. At picnic grove $ (31,900.00) $ (31,900.00) Accepted Eliminate unfunded wet weather overflow station $ (126,000.00) $ Rejected Eliminate basketball courts and parking $ (675,000.00) $ (675,000.00) Accepted Eliminate basketball courts and parking $ (709,000.00) $ (709,000.00) Accepted Reduce tension nettin to edge of the dugouts: see detail $ (190,000.00) $ (190,000.00) Accepted Reduce concrete strength to 4000psi, 4" $ (189,375.00) $ (189,375.00) Accepted Alternate hat and bat racks $ (188,000.00) $ (188,000.00) Accepted alternate playersbenches $ (108,000.00) $ (108,000.00) Accepted alternate trash receptacles $ (138,040.00) $ (138,040.00) Accepted reduction/alternate tables $ (27,885.00) $ (27,885.00) Accepted SNP Road redesign by BFW raising grade to salvage pavement. Review savings. $ 65,450.00 $ 65,450.00 Accepted Removing water quality ditch $ (48,000.00) $ (48,000.00) Accepted eliminate 2nd dum ster at SNP (west side) $ (71,262.00) $ pending Remove bioswale Downs Roads $ (72,000.00) $ (72,000.00) Accepted Brick and CMU/cast stone vs limestone benches $ (70,550.00) $ (70,550.00) Accepted Eliminate all brick/CMU/stone benches $ (40,700.00) $ (40,700.00) Accepted Reduce paving section to 1" surface asphalt, 2" base asphalt over 8" of DGA. $ (306,625.00) $ (306,625.00) Accepted Adjusted Contract Price less above adjustments $ 45,678,384.00 OWNER ELECTED ALLOWANCE - OWNER CONTROLLED 1 1 $ 1,952,485.00 OTALADJUSTED CONTRACT PRICE 1 1 $ 47,630,869.00 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky DOCUMENT 000117 - INDEX OF DRAWINGS BID PACKAGE 01- SITE PADUCAH SPORTS PARK PADUCAH,KENTUCKY TITLE COVER SHEET: BID PACKAG O1 -SITE SHEET INDEX CIVIL - SITE DEMOLITION C1.0 OVERALL SITE DEMOLITION PLAN C1.1 ENLARGED DEMOLITION PLAN C1.2 ENLARGED DEMOLITION PLAN C1.3 ENLARGED DEMOLITION PLAN CIA ENLARGED DEMOLITION PLAN C1.5 ENLARGED DEMOLITION PLAN C1.6 ENLARGED DEMOLITION PLAN C1.7 ENLARGED DEMOLITION PLAN C1.8 ENLARGED DEMOLITION PLAN C1.9 ENLARGED DEMOLITION PLAN C1.10 ENLARGED DEMOLITION PLAN C1.11 DISC GOLF COURSE DEMOLTION PLAN CIVIL - SITE DEVELOPMENT C2.OA OVERALL SITE DEVELOPMENT PLAN C2.OB OVERALL SITE DEVELOPMENT PLAN - WEST C2.00 OVERALL SITE DEVELOPMENT PLAN - EAST C2.1 ENLARGED DEVELOPMENT PLAN C22 ENLARGED DEVELOPMENT PLAN C2.3 ENLARGED DEVELOPMENT PLAN C2.4 ENLARGED DEVELOPMENT PLAN C2.5 ENLARGED DEVELOPMENT PLAN C2.6 ENLARGED DEVELOPMENT PLAN C2.7 ENLARGED DEVELOPMENT PLAN C2.8 ENLARGED DEVELOPMENT PLAN C2.9 ENLARGED DEVELOPMENT PLAN C2.10 ENLARGED DEVELOPMENT PLAN C2.11 ENLARGED DEVELOPMENT PLAN C2.12 ENLARGED DEVELOPMENT PLAN C2.13 ENLARGED DEVELOPMENT PLAN C2.14 ENLARGED DEVELOPMENT PLAN C2.15 ENLARGED DEVELOPMENT PLAN C2.16 ENLARGED DEVELOPMENT PLAN C2.17 ENLARGED DEVELOPMENT PLAN C2.18 ENLARGED DEVELOPMENT PLAN C2.19 ENLARGED DEVELOPMENT PLAN C220 ENLARGED DEVELOPMENT PLAN C221 ENLARGED DEVELOPMENT PLAN INDEX OF DRAWINGS 000117-1 Project Manual Bid Package 01 - Site CIVIL - SITE GRADING C3.0 OVERALL SITE GRADING PLAN C3.1 ENLARGED GRADING PLAN C3.2 ENLARGED GRADING PLAN C3.3 ENLARGED GRADING PLAN C3.4 ENLARGED GRADING PLAN C3.5 ENLARGED GRADING PLAN C3.6 ENLARGED GRADING PLAN C3.7 ENLARGED GRADING PLAN C3.8 ENLARGED GRADING PLAN C3.9 ENLARGED GRADING PLAN C3.10 ENLARGED GRADING PLAN C3.11 ENLARGED GRADING PLAN Paducah Sports Park Paducah, Kentucky C3.12 ENLARGED GRADING PLAN C3.13 ENLARGED GRADING PLAN C3.14 ENLARGED GRADING PLAN C3.15 ENLARGED GRADING PLAN C3.16 ENLARGED GRADING PLAN C3.17 ENLARGED GRADING PLAN C3.18 ENLARGED GRADING PLAN C3.19 ENLARGED GRADING PLAN C3.20 ENLARGED GRADING PLAN C3.21 ENLARGED GRADING PLAN C3.30 OVERALL EROSION AND SEDIMENTATION CONTROL PLAN C3.31 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.32 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.33 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.34 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.35 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.36 ENLARGED EROSION AND SEDIMENTATION CONTROL PLAN C3.37 EROSION AND SEDIMENTATION CONTROL DETAILS CIVIL - SITE STORMWATER C4.OA OVERALL SITE STORMWATER PLAN C4.013 OVERALL SITE STORMWATER PLAN - WEST C4.00 OVERALL SITE STORMWATER PLAN - EAST C4.1 ENLARGED STORMWATER PLAN C4.2 ENLARGED STORMWATER PLAN C4.3 ENLARGED STORMWATER PLAN C4.4 ENLARGED STORMWATER PLAN C4.5 ENLARGED STORMWATER PLAN C4.7 ENLARGED STORMWATER PLAN C4.8 ENLARGED STORMWATER PLAN C4.9 ENLARGED STORMWATER PLAN C4.10 ENLARGED STORMWATER PLAN C4.11 ENLARGED STORMWATER PLAN C4.12 ENLARGED STORMWATER PLAN C4.13 ENLARGED STORMWATER PLAN C4.14 ENLARGED STORMWATER PLAN C4.15 ENLARGED STORMWATER PLAN INDEX OF DRAWINGS 000117-2 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky C4.16 ENLARGED STORMWATER PLAN C4.17 ENLARGED STORMWATER PLAN C4.18 ENLARGED STORMWATER PLAN C4.19 ENLARGED STORMWATER PLAN C4.21 ENLARGED STORMWATER PLAN C4.22 STORMWATER STRUCTURE AND PIPE TABLES C4.23 STORMWATER STRUCTURE AND PIPE TABLES C4.24 STORMWATER DETAILS C4.25 STORMWATER DETAILS C4.26 STORMWATER DETAILS C4.27 STORMWATER DETAILS CIVIL - SITE UTILITY C5.0 OVERALL SITE UTILITY PLAN C5.2 ENLARGED UTILITY PLAN C5.3 ENLARGED UTILITY PLAN C5.4 ENLARGED UTILITY PLAN C5.5 ENLARGED UTILITY PLAN C5.6 ENLARGED UTILITY PLAN C5.8 ENLARGED UTILITY PLAN C5.9 ENLARGED UTILITY PLAN C5.10 ENLARGED UTILITY PLAN C5.13 ENLARGED UTILITY PLAN C5.14 ENLARGED UTILITY PLAN C5.16 ENLARGED UTILITY PLAN C5.17 ENLARGED UTILITY PLAN C5.18 ENLARGED UTILITY PLAN C5.21 ENLARGED UTILITY PLAN C5.22 UTILITY DETAILS C5.23 UTILITY DETAILS C5.24 SANITARY SEWER LIFT STATION DETAILS C5.25 SANITARY SEWER LIFT STATION DETAILS C5.26 SANITARY SEWER PLAN AND PROFILE - LINE A & B C5.27 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.28 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.29 SANITARY SEWER PLAN AND PROFILE - FORCE MAIN C5.30 SANITARY SEWER PLAN AND PROFILE - LINE C C5.31 SANITARY SEWER PLAN AND PROFILE - LINE D C5.32 WATER MAIN RELOCATION PLAN AND PROFILE CIVIL - SITE DETAILS C6.0 SITE DETAILS C6.1 SITE DETAILS C6.2 SITE DETAILS LANDSCAPE L1.0 SITE FURNISHINGS AND AMENITIES - KEY PLAN L2.0 SITE FURNISHINGS AND AMENITIES PLAN L2.1 SITE FURNISHINGS AND AMENITIES PLAN L2.2 SITE FURNISHINGS AND AMENITIES PLAN INDEX OF DRAWINGS 000117-3 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky L2.3 SITE FURNISHINGS AND AMENITIES PLAN L3.0 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.1 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.2 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.3 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.4 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.5 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.6 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L3.7 SITE FURNISHINGS AND AMENITIES PLAN ENLARGEMENT L4.0 OVERALL PLANTING PLAN AND PLANTING NOTES L5.0 PLANTING PLAN L5.1 PLANTING PLAN L5.2 PLANTING PLAN L5.3 PLANTING PLAN L5.4 PLANTING PLAN L5.5 PLANTING PLAN L5.6 PLANTING PLAN L5.7 PLANTING PLAN L5.8 PLANTING PLAN L5.9 PLANTING PLAN L5.10 PLANTING PLAN L5.11 PLANTING PLAN L5.12 PLANTING PLAN L5.13 PLANTING PLAN L5.14 PLANTING PLAN L5.15 PLANTING PLAN L5.16 PLANTING PLAN L5.17 PLANTING PLAN L5.18 PLANTING PLAN L6.0 PLANTING PLAN ENLARGEMENT L6.1 PLANTING PLAN ENLARGEMENT L6.2 PLANTING PLAN ENLARGEMENT L6.3 PLANTING PLAN ENLARGEMENT L7.0 SITE FURNISHING AND AMENITIES DETAILS L7.1 SITE FURNISHING AND AMENITIES DETAILS L7.2 SITE FURNISHING AND AMENITIES DETAILS L7.3 SITE FURNISHING AND AMENITIES DETAILS L7.4 SITE FURNISHING AND AMENITIES DETAILS L7.5 SITE FURNISHING AND AMENITIES DETAILS L7.6 SITE FURNISHING AND AMENITIES DETAILS L7.7 SITE FURNISHING AND AMENITIES DETAILS L7.8 SITE FURNISHING AND AMENITIES DETAILS L7.9 SITE FURNISHING AND AMENITIES DETAILS L7.10 SITE FURNISHING AND AMENITIES DETAILS L7.11 SITE FURNISHING AND AMENITIES DETAILS L7.12 SITE FURNISHING AND AMENITIES DETAILS L7.13 SITE FURNISHING AND AMENITIES DETAILS L7.14 SITE FURNISHING AND AMENITIES DETAILS L7.15 SITE FURNISHING AND AMENITIES DETAILS L7.16 SITE FURNISHING AND AMENITIES DETAILS INDEX OF DRAWINGS 000117-4 Project Manual Paducah Sports Park Bid Package 01 — Site Paducah, Kentucky L7.17 PLANTING DETAILS LANDSCAPE — DISC GOLF DG1.0 DISC GOLF LAYOUT STRUCTURAL S1.0 STRUCTURAL NOTES SLI PICNIC SHELTERS FOUNDATION PLANS & DETAILS S 1.2 DUGOUTS FOUNDATION PLANS & DETAILS S 1.3 PICKLENBALL COURT PLANS — ALTERNATE NO. 1 SIA BASKETBALL COURTS PLANS — ALTERNATE NO. 2 S3.1 FOUNDATION DETAILS IRRIGATION PARTIAL ENLARGED SITE PLAN IR100 IRRIGATION INFRASTRUCTURE & AUTOMATION IR101 IRRIGATION INFRASTRUCTURE & AUTOMATION IR102 IRRIGATION INFRASTRUCTURE & AUTOMATION IR103 IRRIGATION INFRASTRUCTURE & AUTOMATION IR104 IRRIGATION INFRASTRUCTURE & AUTOMATION IR105 IRRIGATION INFRASTRUCTURE & AUTOMATION IR106 IRRIGATION INFRASTRUCTURE & AUTOMATION IR107 IRRIGATION INFRASTRUCTURE & AUTOMATION IR108 IRRIGATION INFRASTRUCTURE & AUTOMATION IR109 IRRIGATION INFRASTRUCTURE & AUTOMATION ELECTRICAL - SITE EU0.0 SITE LEAD SHEET EU1.1 OVERALL SITE PLAN EU1.2 PARTIAL ENLARGED SITE PLAN EU1.3 PARTIAL ENLARGED SITE PLAN EU I A PARTIAL ENLARGED SITE PLAN EU1.5 PARTIAL ENLARGED SITE PLAN EU1.6 PARTIAL ENLARGED SITE PLAN EU1.7 PARTIAL ENLARGED SITE PLAN EU1.8 PARTIAL ENLARGED SITE PLAN EU1.9 PARTIAL ENLARGED SITE PLAN EU1.10 PARTIAL ENLARGED SITE PLAN EU1.11 PARTIAL ENLARGED SITE PLAN EU1.12 PARTIAL ENLARGED SITE PLAN EU2.1 ELECTRICAL ENLARGED PLANS EU2.2 ELECTRICAL ENLARGED PLAN EU2.3 ELECTRICAL ENLARGED PLAN EU4.0 SITE DETAILS EU4.1 ELECTRICAL SITE DETAILS AND SCHEDULES TRANSPORTATION T1.0 COVER SHEET T2.0 GENERAL SUMMARY - STUART NELSON PARK ROAD T2.1 TYPICAL SECTIONS - STUART NELSON PARK ROAD T2.2 GENERAL NOTES - STUART NELSON PARK ROAD INDEX OF DRAWINGS 000117-5 Project Manual Paducah Sports Park Bid Package 01 - Site Paducah, Kentucky T3.0 PLAN & PROFILE - US 60 TURN LANE EXTENSION T4.0 PLAN & PROFILE - STUART NELSON PARK ROAD T5.0 PLAN & PROFILE - STUART NELSON PARK ROAD T6.0 PLAN & PROFILE - STUART NELSON PARK ROAD T7.0 PLAN & PROFILE - STUART NELSON PARK ROAD T8.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T9.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T10.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T11.0 EPSC, SIGNING & STRIPING PLAN - STUART NELSON PARK ROAD T12.0 CROSS SECTIONS - STUART NELSON PARK ROAD T13.0 CROSS SECTIONS - STUART NELSON PARK ROAD T14.0 CROSS SECTIONS - STUART NELSON PARK ROAD T15.0 CROSS SECTIONS - STUART NELSON PARK ROAD T16.0 CROSS SECTIONS - STUART NELSON PARK ROAD T17.0 CROSS SECTIONS - STUART NELSON PARK ROAD T18.0 CROSS SECTIONS - STUART NELSON PARK ROAD T19.0 CROSS SECTIONS - STUART NELSON PARK ROAD T20.0 CROSS SECTIONS - STUART NELSON PARK ROAD T21.0 CROSS SECTIONS - STUART NELSON PARK ROAD T22.0 CROSS SECTIONS - STUART NELSON PARK ROAD T23.0 CROSS SECTIONS - STUART NELSON PARK ROAD T24.0 CROSS SECTIONS - STUART NELSON PARK ROAD T25.0 CROSS SECTIONS - STUART NELSON PARK ROAD T26.0 CROSS SECTIONS - STUART NELSON PARK ROAD T27.0 CROSS SECTIONS - STUART NELSON PARK ROAD T28.0 CROSS SECTIONS - STUART NELSON PARK ROAD T29.0 CROSS SECTIONS - STUART NELSON PARK ROAD T30.0 CROSS SECTIONS - STUART NELSON PARK ROAD T31.0 CROSS SECTIONS - STUART NELSON PARK ROAD T32.0 CROSS SECTIONS - STUART NELSON PARK ROAD T33.0 CROSS SECTIONS - STUART NELSON PARK ROAD T34.0 CROSS SECTIONS - STUART NELSON PARK ROAD T35.0 CROSS SECTIONS - STUART NELSON PARK ROAD T36.0 CROSS SECTIONS - STUART NELSON PARK ROAD T37.0 CROSS SECTIONS - STUART NELSON PARK ROAD T38.0 CROSS SECTIONS - STUART NELSON PARK ROAD T39.0 CROSS SECTIONS - STUART NELSON PARK ROAD T40.0 CROSS SECTIONS - STUART NELSON PARK ROAD T41.0 CROSS SECTIONS - STUART NELSON PARK ROAD T42.0 CROSS SECTIONS - STUART NELSON PARK ROAD T43.0 CROSS SECTIONS - STUART NELSON PARK ROAD T44.0 CROSS SECTIONS - STUART NELSON PARK ROAD T45.0 CROSS SECTIONS - STUART NELSON PARK ROAD T46.0 CROSS SECTIONS - STUART NELSON PARK ROAD T47.0 CROSS SECTIONS - STUART NELSON PARK ROAD END OF DOCUMENT 000117 INDEX OF DRAWINGS 000117-6 Project Manual Bid Package 01 — Site Bid Package 01 — Site Paducah Sports Park 150 Downs Drive Paducah, Kentucky DOCUMENT 000110 - TABLE OF CONTENTS Paducah Sports Park Paducah, Kentucky DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS PAGES 000116 INVITATION TO BID............................................................................................... 2 000117 INDEX OF DRAWINGS............................................................................................ 6 001100 PUBLIC NOTICE....................................................................................................... 1 002113 AIA DOCUMENT A701-2018 INSTRUCTIONS TO BIDDERS ............................. 8 002600 PROCUREMENT SUBSTITUTION PROCEDURES .............................................. 2 003119 EXISTING CONDITION INFORMATION.............................................................. 1 003143 PERMIT APPLICATION........................................................................................... 1 004113.1 FORM OF PROPOSAL — FIELD TURF................................................................... 7 004113.2 FORM OF PROPOSAL — FIELD LIGHTING........................................................... 7 004113.3 FORM OF PROPOSAL — GENERAL SITE CONSTRUCTION .............................. 6 004600.1 BID EVALUATION FORM — FIELD TURF............................................................ 2 004600.2 BID EVALUATION FORM — FIELD LIGHTING ................................................... 2 004600.3 BID EVALUATION FORM — GENERAL SITE CONSTRUCTION ....................... 1 005100.1 NOTICE OF AWARD — FIELD TURF..................................................................... 2 005100.2 NOTICE OF AWARD — FIELD LIGHTING............................................................. 2 005100.3 NOTICE OF AWARD — GENERAL SITE CONSTRUCTION ................................ 2 005213 AIA DOCUMENT A101-2017 STANDARD FORM OF AGREEMENT BETWEEN ONWER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS A STIPULATED SUM...................................................................... 8 006113.13 AIA DOCUMENT A312-2010 PERFORMANCE BOND ........................................ 4 006113.14 AIA DOCUMENT A312-2010 PAYMENT BOND .................................................. 4 007213 AIA DOCUMENT A201-2007 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION....................................................................... 39 007216 GENERAL CONDITIONS AMENDMENT.............................................................. 2 007300 SUPPLEMENTARY CONDITIONS......................................................................... 3 DIVISION O1 - GENERAL REQUIREMENTS PAGES 011000 SUMMARY................................................................................................................ 4 011200 MULTIPLE CONTRACT SUMMARY..................................................................... 7 012100 ALLOWANCES......................................................................................................... 4 012300 ALTERNATES........................................................................................................... 3 012500 SUBSTITUTION PROCEDURES............................................................................. 4 012600 CONTRACT MODIFICATION PROCEDURES...................................................... 2 012900 PAYMENT PROCEDURES...................................................................................... 4 013100 PROJECT MANAGEMENT AND COORDINATION ............................................. 6 013300 SUBMITTAL PROCEDURES................................................................................... 4 015000 TEMPORARY FACILITIES AND CONTROLS...................................................... 5 015639 TEMPORARY TREE AND PLAN PROTECTION .................................................. 7 016000 PRODUCT REQUIREMENTS.................................................................................. 7 017300 EXECUTION.............................................................................................................. 5 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ............................ 4 TABLE OF CONTENTS 000110-1 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky 017700 CLOSEOUT PROCEDURES..................................................................................... 4 017823 OPERATION AND MAINTENANCE DATA.......................................................... 8 017839 PROJECT RECORD DOCUMENTS......................................................................... 5 017900 DEMONSTRATION AND TRAINING.................................................................... 4 DIVISION 02 — EXISTING CONDITIONS PAGES 024116 STRUCTURE DEMOLITION................................................................................... 5 DIVISION 03 — CONCRETE PAGES 033000 CAST IN PLACE CONCRETE.................................................................................. 10 034500 PRECAST ARCHITECTURAL CONCRETE........................................................... 8 DIVISION 04 — MASONRY PAGES 042000 UNIT MASONRY...................................................................................................... 15 042200 CONCRETE MASONRY UNIT - LOADBEARING................................................ 3 044300 STONE MASONRY................................................................................................... 8 DIVISION 05 — METALS PAGES 051200 STRUCTURAL STEEL FRAMING.......................................................................... 8 055213 PIPE AND METAL FABRICATION........................................................................ 4 DIVISION 10 — SPECIALTIES PAGES 107300 PROTECTIVE COVERS............................................................................................ 8 107529 PLAZA -MOUNTED FLAGPOLES........................................................................... 4 DIVISION 11 - EQUIPMENT PAGES 116800 PLAYGROUND EQUIPMENT AND STRUCTURES ............................................. 8 116810 ATHLETIC FIELD EQUIPMENT AND STRUCTURES ......................................... 8 116833 SPORT NETTING SYSTEMS................................................................................... 6 116843 EXTERIOR MULTISPORT SCOREBOARDS......................................................... 6 DIVISION 26 — ELECTRICAL 260000 GENERAL PROVISIONS FOR ELECTRICAL....................................................... 260500 COMMON WORK RESULTS................................................................................... 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ......... 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS .......................... 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS .............................. 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS .................................... 260548 VIBRATION AND SEISMIC CONTROLS FOR ELECTRICAL SYSTEMS ......... 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS ................................................ 262416 PANELBOARDS........................................................................................................ 262726 WIRING DEVICES.................................................................................................... 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS .......................................... 264313 TRANSIENT -VOLTAGE SUPPRESSION FOR LOW -VOLTAGE ELECTRICAL POWERCIRCUITS.................................................................................................... 265613 LIGHTING POLES AND STANDARDS.................................................................. 265619 LED EXTERIOR LIGHTING.................................................................................... 265668 ATHLETIC SPORTS LIGHTING............................................................................. PAGES 11 2 3 3 4 4 7 3 7 4 3 4 6 6 10 TABLE OF CONTENTS 000110-2 Project Manual Bid Package 01 — Site Paducah Sports Park Paducah, Kentucky DIVISION 31 — EARTHWORK PAGES 311000 SITE CLEARING....................................................................................................... 4 312000 EARTH MOVING...................................................................................................... 10 313213.16 CEMENT SOIL STABILIZATION........................................................................... 10 DIVISION 32 — EXTERIOR IMPROVEMENTS PAGES 321216 ASPHALT PAVING................................................................................................... 6 321313 CONCRETE PAVING................................................................................................ 6 321373 CONCRETE PAVING JOINT SEALANTS.............................................................. 6 321413 PRECAST CONCRETE UNIT PAVING................................................................... 4 321813 SYNTHETIC GRASS SURFACING......................................................................... 10 321816 PLAYGROUND SURFACING.................................................................................. 6 321823 SPORT COURT SURFACING.................................................................................. 6 323113 CHAIN LINK FENCES AND GATES...................................................................... 8 323115 WOOD FENCES........................................................................................................ 4 323119 DECORATIVE METAL FENCES AND GATES ..................................................... 4 323300 SITE FURNISHINGS................................................................................................. 8 328400 PLANTING IRRIGATION........................................................................................ 28 329113 SOIL PREPARATION............................................................................................... 12 329200 TURF AND GRASSES.............................................................................................. 12 329300 PLANTS...................................................................................................................... 8 DIVISION 33 — UTILITIES PAGES 331113 FACILITY WATER DISTRIBUTION...................................................................... 8 331313 FACILITY SANITARY SEWERS............................................................................. 6 331314 MUNICIPAL SANITARY SEWERS......................................................................... 6 335100 NATURAL GAS DISTRIBUTION............................................................................ 9 334100 STORM UTILITY DRAINAGE PIPING................................................................... 10 335616 FUEL STORAGE TANK........................................................................................... 4 APPENDIX Appendix 1 PHASE 1 ENVIRONMENTAL SITE ASSESSMENT .............................................. 27 Appendix 2 GEOTECHNICAL EXPLORATION REPORT......................................................... 45 END OF DOCUMENT 000110 TABLE OF CONTENTS 000110-3 Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Accept recommendation from Sports Tourism Commission for Paducah Sports Park for Bid Package 02 - Food and Beverage and approve contract for services with Stafford Smith in the amount of $608,833.00 - A. CLARK & D. JORDAN Category: Municipal Order Staff Work By: Arnie Clark Presentation By: Arnie Clark, Daron Jordan Background Information: PFGW Architects, on behalf of the Sports Tourism Commission, McCracken County Fiscal Court, and City of Paducah released a Request for Bids on March 23 for Food and Beverage for the Paducah Sports Park. Bid Opening was held April 30. One (1) bid was submitted. A selection committee with representation from the Fiscal Court, City, Design Team, and Operations Team was formed to review and evaluate the bids. After review, the committee recommends moving forward with a contract for services with Stafford Smith for the Food and Beverage portion of the project. Per the ILA, the McCracken County Sports Tourism commission must approve and make a recommendation to both the Fiscal Court and the City Commission for consideration and approval of construction contracts. The McCracken County Sports Tourism Commission approved the recommendation from the selection committee on Monday, June 10, and proceeds with a recommendation for a contract for services with Stafford Smith. Accept recommendation from the Sports Tourism Commission and authorize execution of a contract for services with Stafford Smith in an amount not to exceed $608,833.00 for Food and Beverage for the Paducah Sports Park project. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Paducah Sports Park Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve Attachments: 1. MO Food & Beverage Stafford Smith 2. SS A101-2017 - FINAL DRAFT Bid Package 213_Food Services -2024 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING THE RECOMMENDATION OF THE McCRACKEN COUNTY SPORTS TOURISM COMMISSION TO ACCEPT THE BID PACKAGE FOR FOOD AND BEVERAGE SERVICES FOR THE PADUCAH SPORTS PARK PROJECT IN THE AMOUNT NOT TO EXCEED $608,833 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME WHEREAS, on September 7, 2022, the City of Paducah, the County of McCracken, and the McCracken County Sports Tourism Commission entered into an Interlocal Cooperation Agreement for the Development and Operation of the Paducah -McCracken County Athletic Complex (hereinafter "Interlocal Agreement"); and WHEREAS, in accordance with the requirements of the Interlocal Agreement, the McCracken County Sports Tourism Commission has presented its recommendation of the best -evaluated bids and associated construction contracts for the completion of the work contemplated by the formerly approved construction plans; and WHEREAS, the City Commission now desires to accept the McCracken County Sports Tourism Commission's recommendation for Food and Beverage Services for the Paducah Sports Park Project. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City Commission hereby approves the recommendation of the McCracken County Sports Tourism Commission, and accepts the bid proposal of Stafford Smith, Inc., in the amount of $608,833, for Food & Beverage Services for the Paducah Sports Park Project. SECTION 2. That the Mayor is hereby authorized to execute an agreement and all other documents necessary with Stafford Smith, Inc., for Food & Beverage Services for the Paducah Sports Park, as authorized in Section 1 above. Said agreement shall be in accordance with the specifications, bid proposal, and all contract documents heretofore approved and incorporated in the bid. its adoption. SECTION 3. This Order will be in full force and effect from and after the date of George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, MO\Agree — Stafford Smith Inc Food & Beverage — Sports Tourism Commission 'k ;GAIA Document A101 -- 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the twenty fourth day of June in the year two thousand twenty-four. ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original AIA standard form. An Additions and McCracken County Fiscal Court Deletions Report that notes added 300 Clarence Gaines Street information as well as revisions to the Paducah, KY 42003 standard form text is available from the author and should be reviewed. A vertical line in the left margin of this and the Contractor: document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or Stafford Smith, Inc. deleted from the original AIA text. 3414 S. Burdick Street This document has important legal Kalamazoo, MI 49001 consequences Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) The parties should complete Al 010-2017, Exhibit A, Insurance Paducah Sports Park and Bonds, contemporaneously with Bid Package 2B — Food Services this Agreement. AIA Document Paducah, Kentucky 42001 A2010-2017, General Conditions of the Contract for Construction, is The Architect: adopted in this document by (Name, legal status, address and other information) reference. Do not use with other general conditions unless this Peck Flannery Gream Warren Inc. document is modified. PO Box 510 101 South Fourth Street Paducah, Kentucky 42001 The Owner and Contractor agree as follows. Init. AIA Document A101 —2017 Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute or Architects This document was produced at 14:11:45 ET on 06/18/2024 under Order No 4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts com. User Notes: (1450603365) 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 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) Not later than five hundred five ( 505 ) calendar days from the date of commencement of the Work By the following date: Init. AIA Document A101 —2017. Copyright@ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 2 American Institute of Architects. This document was produced at 14:11:45 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts.com_ User Notes: (1450603365) § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. 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 six hundred eight thousand, eight hundred thirty-three and 00/100 ($608,833.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item N/A Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Oivner to accept the alternate.) Item Price Conditions for Acceptance N/A § 4.3 Allowances, if any, included in the Contract Sum: (Idents each allowance.) Item N/A Price § 4.4 Unit prices, if any: (Idents the item andstate the unit price and quantity limitations, if any, to which the unit price rvill be applicable.) Item Units and Limitations Price per Unit ($0.00) N/A § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) $1,000.00 per calendar day until completion. § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued 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. Init. AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 14:11:45 ET on 06/18/2024 under Order No 4104248855 which expires on 01/31/2025, is not for t 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 docinfo@aiacontracts.com. User Notes: (1450603365) § 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 Architect not later than the 251h day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 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. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201 TM -2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 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; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing latv.) Ten Percent (10%) § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: Init. AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 4 American Institute of Architects. This document was produced at 14:11:45 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts.com. User Notes: (1450603365) (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) After issuance of Certificate of Substantial Completion, Retainage shall be reduced to five percent (5%). § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 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 Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 5.3 Interest 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.) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision 1111aker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 Init. AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA ContracE Documents" are trademarks of The 5 American Institute of Architects. This document was produced at 14:11:45 ET on 06/18/2024 under Order N6.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com, User Notes: (1450603365) Litigation in a court of competent jurisdiction Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or methodfor determining, the fee, if any, payable to the Contractor follolving a termination for the Owner's convenience.) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Steve Ervin, Community Development Project Manager McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42003 § 8.3 The Contractor's representative: (Name, address, email address, and other information) David Stafford, President / CEO Stafford Smith, Inc. 3414 S. Burdick Street Kalamazoo, MI 49001 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document Al01Tm-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AJO1Tm-2017 Exhibit A, and elsewhere in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: Init. AIA Document A101 —2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017- All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The 6 American Institute of Architects. This document was produced at 14:11:45 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1450603365) (If other than in accordance lvith AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and ivhelher and holy the system ivill be required to generate a read receipt for the transmission) § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A I O 1TM-2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document AIO1Tm-2017, Exhibit A, Insurance and Bonds .3 AIA Document A201 TM -2017, General Conditions of the Contract for Construction (Paragraphs deleted) (Insert the date of the E203-2013 incorporated into this Agreement.) .4 Drawings Number Title Date Pages See Attached Index of Drawing 0001 17 -Index of March 26, 2024 8 Drawings .5 Specifications Section Title Date Pages See Attached Table of Contents 000110—Table of March 26, 2024 5 Contents .6 Addenda, if any: Number Date Pages Addendum No. 1 February 23, 2024 1 Addendum No. 2 March 11, 2024 102 Addendum No. 3 March 14, 2024 14 Addendum No. 4 March 21, 2024 93 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .7 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document E204Tm-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date [ ] Supplementary and other Conditions of the Contract: Document Title Pages Date Pages Init. AIA Document A101 —2017. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects,' AIA; the AIA Logo, and "AIA Contract Documents' are trademarks of The 7 American Institute of Architects. This document was produced at 14:11:45 ET on 06/18/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1450603365) .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 T"L2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information fitrnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Contractors Original Form of Proposal Exhibit — Cost Reduction List Bid Package 213 -Food Services Contractors Performance & Payment Bonds Contractors Certificate of Insurance Index of Drawings Table of Contents This Agreement entered into as of the day and year first written above. McCracken County Fiscal Court Stafford Smith, Inc. OWNER (Signature) Craig Z. Clymer. Judge Executive (Printed name and title) CONTRACTOR (Signature) David Stafford, President / CEO (Printed name and title) AIA Document A101 —2017 Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 8 American Institute of Architects This document was produced at 14:11:45 ET on 06/1812024 under Order No.4104248855 which expires on 01131/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1450603365) -'� Document A201"- 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) ` Paducah Sports Park — Bid Package 2B Food Services ADDITIONS AND DELETIONS: Paducah, Kentucky 42001 The author of this document has added information needed for its THE OWNER: completion. The author may also have revised the text of the original (Name, legal status and address) AIA standard form. An Additions and Deletions Report that notes added McCracken County Fiscal Court information as well as revisions to the 300 Clarence Gaines Street standard form text is available from Paducah, KY 42003 the author and should be reviewed. A vertical line in the left margin of this THE ARCHITECT: document indicates where the author (Name, legal status and address) has added necessary information and where the author has added to or Peck Flannery Gream Warren Inc. deleted from the original AIA text. PO Box 510 This document has important legal 101 South Fourth Street consequences. Consultation with an Paducah, KY 42002-0510 attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES For guidance in modifying this 1 GENERAL PROVISIONS document to include supplementary conditions, see AIA Document 2 OWNER A503TM, Guide for Supplementary Conditions. 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE 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 Init. AIA Document A201 —2017 Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No 4104248855 which expires on 01 /31/2025, is not for l 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 docinfo@aiacontracts com User Notes: (1181906028) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA Document A201 — 2017 Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts com. User Notes: (1181906028) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4 2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5,12.2.1,13.4.2,13.4.3,14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1. 1. 2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No,.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. (1161906028) User Notes: Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, l 1.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3. 15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9. 1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13. 1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, l 1.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10,5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1. 1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Init. AIA Document A201 — 2017 Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com, User Notes: (1181906028) Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7,8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2,3.18,5.3,6.1.3,6.2,9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, l 1.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5. 1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 5 American Institute of Architects, This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for E 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 docinfo@aiacontracts,com. User Notes: (1181906028) Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 AIA Document A201 — 2017 Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 6 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is notfor i 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 docinfo@aiacontracts.com. User Notes: (1181906028) MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.1 1, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9. 10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 AIA Document A201 —2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 7 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for I 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 docinfo@aiacontracts.com. User Notes: (1181906028) Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 10.2.2, 13.1,13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6. 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9. 10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2,2.4,2.5,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12 2.4,13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.1 1, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Init. AIA Document A201 —2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 8 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com, User Notes: (1181906028) Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5.9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, l 2.2, 13.4.2, 14.3.1 Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 9 American Institute of Architects This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for l 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 docinfo@aiacontracts.com. User Notes: (1181906028) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 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 a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 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 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 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 complementary, and what is 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. Inst. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 10 American Institute of Architects, This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/3112025, is not for I 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 1.2.1.1 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. § 1.3 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 retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the 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 E203T11'-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 E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document Init. AIA Document A201 —2017, Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 11 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No,4104248855 which expires on 01/31/2025, is not for R 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 docinfo@aiacontracts.com. User Notes: (1181906028) G202Tm-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. 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 a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 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 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 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. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents" are trademarks of The 12 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 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. § 2.4 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 as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order 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 Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, 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. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. 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 Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 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 Architect in the Architect's 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 visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Inst. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 13 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, 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 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. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 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. 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 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 notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects 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. § 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 approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 14 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsa Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181906028) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work 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. § 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 as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 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 and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect 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 that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect 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 and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 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 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. Init. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 15 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts,com. User Notes: (1181906028) § 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 notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice 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 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. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the 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 perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and Inst. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The 16 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com, User Notes: (1181906028) delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 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 how 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 is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is 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 Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner 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 approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such 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 AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 17 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1181906028) specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately 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 and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and 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. § 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 at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 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, or patching shall be restored to the condition existing prior to the cutting, fitting, or 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 or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with 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 and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Init. AIA Document A201 — 2017 Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 18 American Institute of Architects This document was produced at 10:08:47 ET on 06/10/2024 under Order No,4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts,com. User Notes: (1181906028) § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 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 3.18.1 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. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The 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. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the 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. § 4.2.3 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 promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. Inst. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents' are trademarks of The 19 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.com User Notes: (1181906028) § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals 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 Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety precautions or 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. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 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 Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 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 rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests 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. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 20 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1181906028) 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 a Separate Contractor or the subcontractors of a Separate Contractor. § 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, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice 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 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 or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner 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 for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations 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 and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner 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 proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 21 American Institute of Architects, This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1181906028) When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such 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 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 SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has 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 and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's 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 or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. 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 The Contractor shal I reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017- All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 22 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for I 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 docinfo@aiacontracts,com. User Notes: (1181906028) § 6.2.5 The Owner and each Separate Contractor 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 If a dispute arises among the Contractor, Separate 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 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, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner 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. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect 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. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner 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. § 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 of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 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 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: Init. AIA Document A201 — 2017. Copyright(D 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 23 American Institute of Architects, This document was produced at 10:08:47 ET on 06/10/2024 under Order No 4104248855 which expires on 01/31/2025, is notfor 1 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 docinfo@aiacontracts.com. User Notes: (1181906028) .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .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, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7,3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the 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. § 7.3.7 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. § 7.3.8 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 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 Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's 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 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 Architect will 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 may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. 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. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 24 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for l 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, 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 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 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. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 25 American Institute of Architects, This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for f 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 docinfo@aiacontracts,com. User Notes: (1181906028) § 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 supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 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, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations 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 Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and 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 Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect wi Il promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; AIA Document A201 — 2017, Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 26 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No,4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1181906028) .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier 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 Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a 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 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 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 Architect and Owner 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 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 and suppliers to ascertain whether they have been properly paid. Neither the Owner 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. § 9.6.5 The Contractor's payments to 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. § 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. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 27 American Institute of Architects, This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 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 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. § 9.8.3 Upon receipt of the Contractor's list, the Architect 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 Contractor's list, which is not sufficiently complete in accordance with 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 to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 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. § 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 Project. 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 shall 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. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, 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. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017_ All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 28 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts,com. User Notes: (1181906028) § 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 receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with 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 Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (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, and (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. 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, 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 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 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. 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. § 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 Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017- All rights reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 29 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1181906028) .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 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 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. § 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 and 10.2.1.3 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 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 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 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, notice of the 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 or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the 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 and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will Inst. AIA Document A201 — 2017, Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 30 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for r 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 docinfo@aiacontracts.com. User Notes: (1181906028) promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous 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 hazardous 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. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances 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. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 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. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 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. § 11.1.4 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 Init.AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 31 Arrredcan Institute of Architects. This document was produced at 10:05:47 ET on 06/10/2024 under Order No.4104240855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1181906028) 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 Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance AIA Document A201 —2017_ Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 32 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for T 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 docinfo@aiacontracts.com. User Notes: (1181906028) The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shal I notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. 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 Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the 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 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 Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 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 notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. 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. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 33 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No,4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 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. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 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 of the Owner or Separate Contractors, whether completed or partially completed, 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. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, 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 upon in writing. § 13.4 Tests and Inspections § 13.4.1 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 AIA Document A201 — 2017 Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 34 American Institute of Architects This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts com User Notes: (1181906028) approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the 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 Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions ofthe 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 Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 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 Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. Init. AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 35 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for 1 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect 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, seven days' 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 fumish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 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. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, 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, 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, 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; and .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. AIA Document A201 —2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights Init. reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 36 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. 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, a change in the Contract Time, 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. This Section 15. 1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall 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. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 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. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 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. § 15.1.6.2 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. Inst. AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 37 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents8 Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181906028) § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 1 l .5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. Init.AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 38 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, is not for i 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 docinfo@aiacontracts.com. User Notes: (1181906028) § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Init. AIA Document A201 — 2017.. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 39 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts,com. User Notes: (1181906028) § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (l) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 40 American Institute of Architects. This document was produced at 10:08:47 ET on 06/10/2024 under Order No.4104248855 which expires on 01/31/2025, 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 docinfo@aiacontracts.com. User Notes: (1181906028) Project Manual Bid Package 02 — Buildings SECTION 004113.2 - FORM OF PROPOSAL — FOODSERVICE EQUIPMENT PROJECT: Bid Package 02 — Buildings Paducah Sports Park 150 Downs Drive Paducah, Kentucky Name of Contractor: Stafford Smith, Inc. Mailing Address: 3414 S. Burdick Street Kalamazoo, V11 Business Phone: 269.343.1240 TO: Steve Ervin, Community Development Project Manager McCracken County Fiscal Court 300 Clarence Gaines Street Paducah, KY 42001 Paducah Sports Park Paducah, Kentucky Having carefully examined the Instructions to Bidders, Contract Agreement, General Conditions, Special Conditions, Specifications, and Drawings on the above referenced project, the undersigned bidder proposes to furnish all labor, materials, equipment, tools, supplies, services, and temporary devices required to complete the work in accordance with the contract documents and any addenda listed below for the price stated herein. " A ClT "TT . FOODSERVICE EQUIPMENT Building 1 Building 3 Building 4 TOTAL BASE BID $ 1,150,477.00 For the construction required to complete the work in accordance with the contract documents, I/We submit the following lump sum price of One Million One Hundred Fifty Thousand One Hundred Fourty Seven and DOLLARS Zero CENTS (use words) FORM OF PROPOSAL — FOODSERVICE EQUIPMENT 004113.2-1 Project Manual Paducah Sports Park Bid Package 02 — Buildings Paducah, Kentucky ADDENDA: Receipt of Addenda Number(s) 1 thru 4 is acknowledged. UNIT PRICES: Refer to attached sheet(s) for listing of unit prices. PROPOSED SUBCONTRACTORS: Refer to attached sheet(s) for listing of proposed subcontractors. PROPOSED MATERIALS AND EQUIPMENT: Refer to attached sheet(s) for listing of proposed materials and equipment. FORM OF PROPOSAL — FOODSERVICE EQUIPMENT 004113.2-2 Project Manual Paducah Sports Park Bid Package 02 — Buildings Paducah, Kentucky UNIT PRICES: Unit Prices shall include the furnishing of all labor, materials, supplies, services and shall include all: Items of cost, overhead and profit for the contractor and subcontractor involved, and shall be used uniformly without modification for either addition or deduction. The unit prices as established shall be used to determine the equitable adjustment of the contract price in connection with changes or extra work performed under the contract, and rules of measurement as set forth in the General Conditions shall govern. LIZ Eel 19 1. $ 2. $ 3. $ 4. $ 5. $ 6. $ Name of Contractor: Stafford smith, Inc. Authorized (Signature) PRICE UNIT N/A Title President/CEO Date 4/26/2024 FORM OF PROPOSAL — FOODSERVICE EQUIPMENT 004113.2-3 Project Manual Paducah Sports Park Bid Package 02 — Buildings Paducah, Kentucky LIST OF PROPOSED SUBCONTRACTORS The following list of proposed subcontractors is required to be executed, completed and submitted with the Bidder's Proposal. All subcontractors are subject to approval by the Owner. Failure to submit this list, completely filled out, may cause rejection of bid. BRANCH OF WORK SUBCONTRACTOR FORM OF PROPOSAL — FOODSERVICE EQUIPMENT 004113.2-4 Project Manual Paducah Sports Park Bid Package 02 — Buildings Paducah, Kentucky LIST OF PREVIOUS PROJECTS The following list of previous projects is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. PROJECT NAME: See attahed Project List PROJECT LOCATION: YEAR COMPLETED.- PROJECT OMPLETED: PROJECT NAME: PROJECT LOCATION: YEAR COMPELTED: PROJECT NAME: PROJECT LOCATION: YEAR COMPLETED: FORM OF PROPOSAL — FOODSERVICE EQUIPMENT 004113.2-5 Project Manual Bid Package 02 — Buildings Paducah Sports Park Paducah, Kentucky LIST OF PROJECT REFERENCES The following list of project references is required to be executed, completed and submitted with the Bidder's Proposal. Failure to submit this list, completely filled out, may cause rejection of bid. PROJECT NAME: PROJECT LOCATION: REFERENCE NAME: CONTACT INFORMATION PROJECT NAME: PROJECT LOCATION: REFERENCE NAME: CONTACT INFORMATION: PROJECT NAME: PROJECT LOCATION: REFERENCE NAME: CONTACT INFORMATION: Clark Construction 231.549.7202 Hunt Construction 305.492.9264 Mortenson Construction 414.335.9138 FORM OF PROPOSAL — FOODSERVICE EQUIPMENT 004113.2-6 CNA INSURANCE COMPANIES KNOWALL MIEN BY THESE PRESENTS: That we Stafford -Smith, Inc., 3414 South Burdick Street, Kalamazoo, MI 49001 Principal, and Western Surety Company, One Towne Square, Suite 1075, Southfield, MI 48076 Surety, are held and firmly bound unto McCracken County Fiscal Court, 300 Clarence Gaines Street, Paducah, KY 42003 Obligee, In the Slim of Five Percent of Accompanying Bid ---------------- aoillars ($ 5% ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Paducah Sports Park - Food Service Equipment NOW, THEREFORE, if the said contact be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to retain in full force and effect. Signed, sealed and dated April 30th, 2024 Stafford -Smith, Inc. (Principal) by (Seal) Western Surety Company by Susan L Small , Attomey-In-Fact CNA------. i� ill tir Caw ,n nma"M a kr (Surety) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Robert Trobec, Wendy L Hingson, John L Budde, Jeffrey A Chandler, Ian J Donald, Kathleen M Irelan, Susan L Small, Alan P Chandler, Krista L Pocket, Individually, of Troy, MI Steven K Brandon, T J Griffin, Patrick Williams, John L Budde, Terence J Griffin, Susan L Small, Alan P Chandler, Individually, of Farmington Hills, MI its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 18th day of April, 2023. '&.. WESTERN SURETY COMPANY Larry Kasten, Vice President State of South Dakota 1 County of Minnehaha I ss On this 18th day of April, 2023, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M BENT # gV=n '/FWt1L1C W r March 2.2026 u �� M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 30th day of April, 2024 WESTERN SURETY COMPANY UCAL L. Nelson, Assistant Secretary Form F4280-4-2023 Go to www.ciiisurety_.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Project Name: Paducah Sports Park Project Location: Paducah, KY Due Date: 4/30/2024 Addenda: 1,2,3,4 Notes: Prepared By: Stafford Smith, Inc. Bidding To: Mail Out To Owner CM/GC: FS Consultant: Duray Architects: substantial Completion Date: TBD Installing: TBD Item k Prefix Spec Item M MANUFACTURER BID Description City Total 1 1 Imperial Brown Walk -In Cooler/Freezer 1 $ 165,582 1 2 Imperial Brown -included with #1-1 Cooler Evaporator Coil 1 S L 3 Imperial Brown -included with 111-1 Cooler Evaporator Coil 1 $ 1 4 Imperial Brown -included with #1-1 Cooler Evaporator Coil 1 $ ' 1 5 Imperial Brown -included with #1-1 Cooler Evaporator Coil 1 5 1 6 Metro Cooler/Freezer Shelving LOT 5 4,501 1 7 Metro Dry storage Shelving LOT $ 2,444 1 8 Spare Spare 1 $ Y 9 Spare Spare 1 5 1 10 Spare Spare 1 $ 1 _ 11 Advance Hand Sink Assembly 3 $ 2.599 1 12 By Others Soap & Towel Dispenser 3 S - 1 13 Commerical Stainless Soiled Dishtable 1 5 3,318 1 13.1 T&S Twist Waste 1 $ 106 1 -14 Fisher Pre -Rinse Faucet 1 $ 302 1 1s Commerical Stainless Glass Rack Shelf 1 S 350 1 16 Hobart Dishwasher, Door Type 1 5 25,044 1 17 By Others Condensate Hood 1 5 1 18 Commerical Stainless Pot Wash Sink/Clean Dishtable 1 $ 7,086 1 18.1 T&S Wall/Splash Mount Faucet 2 $ 1,094 1 19 By Others Grease Interceptor 1 5 1 20 By Others Moo Sink Assembly 1 $ 1 21 Commerical Stainless Wall Shelf 2 $ 1,872 1 22 Metro Pot/Pan Shelving 1 5 434 1 23 Metro Mobile Heated Cabinet 10 5 29,460 1 24 Manitowoc Ice Maker 1 5 8,589 1 25 Manitowoc -included with #1-24 Ice Storage Bin 1 $ 1 _ 26 Everoure Water Filtration System 1 $ 348 1 27 Commerical Stainless Prep Table w/Sink 1 S 3.729 1 27.1 T&S Wall/Splash Mount Faucet 1 $ 381 1 27.2 T&S-included with 91.27.1 Twist Waste 2 $ _ 28 Commerical Stainless Wall Shelf 2 5 1,404 1 29 Spare Spare 1 $ 1 30 Spare Spare 1 $ 1 31 True MFG Reach -In Refrigerator 1 $ 4,609 1 32 Metro Dry Storage Shelving LOT $ 366 1 _ 33 Spare Spare 1 5 1 34 Spare Spare 1 $ .1 35 By Others Exhaust Hood Assembly 1 5 1 36 By Others Fire Suppression Svstem 1 S 1 37 Turbo Chef Pizza Oven w/Stand 1 $ 16,106 38 True MFG Refrigerated Equipment Stand 1 $ 6,032 1 39 Alto-Shaam Cook and Hold Smoker Oven 1 $ 12,987 1 40 Commerical Stainless Wall Flashing 1 5 3,545 1. 41 Garland 2 Burner Hot Plate (Gas) 1 $ 1,283 1 41.1 Krowne Gas Hose 1 $ 206 1 42 Garland Griddle (Gas) 1 S 2.999 1 42.1 Krowne Gas Hose 1 5 206 1 43 Dean Fryer Assembly (Gas) 1 $ 8,679 t 43.1 Krowne Gas Hose 1 $ 621 1 44 True MFG Reach -In Freezer 1 5 6,072 1 45 Carter Hoffmann French Fry Warmer 1 $ 4,016 1 46 Commerical Stainless Work Table 1 5 2.668 1 47 APW Hot Food Well 1 S 1,772 1 48 True MFG Sandwich Prep Table 1 $ 4,169 1 49 Spare Spare 1 $ 1 _ 50 Spare Spare 1 S 1 $1 Commerical Stainless Back Counter 1 S 5.158 1 52 Commerical Stainless Pass-Thru Window and Trim 1 $ 1,351 1 53 By Others Cheese Dispenser 1 $ 1 54 Nemco Hot Dog Grill 1 $ 2,593 1 55 Gold Medal Popcorn Popper 1 $ 1,929 1 56 Commerical Stainless Serving Counter 1 $ 17,979 1 57 Hatco Heated Merchandiser 1 5 5,075 1 58 Hatco Heated Merchandiser 1 5 6,917 1 59 Spare Spare 1 $ 1 6o Spare Spare 1 $ 1 61 By Others Pretzel Display Cabinet 1 5 1 62 Hatco Heated Display Cabinet 1 $ 3,210 1 63 Gold Medal Popcorn Warmer 1 5 2,201 1 64 True MFG Pass-Thru Refrigerator 3 5 24.375 1 65 Commerical Stainless Serving Counter 1 $ 6,822 1 0 By Others Cup Dispenser 1 $ i 67 By Others Soda & Ice Dispenser 1 $ 1 68 By Others Undercounter Soda Bag -N -Box System 1 $ 1 69 Spare Spare 1 5 1 _ 70 Spare Spare 1 $ I 71 By Others Cup Dispenser 1 $ - 1 72 By Others Coffee Maker 1 S 1 73 By Others Condiment Caddy 1 5 1 74 Commerical Stainless Cashier Counter 4 $ 13,136 1 75 By Others POS 1 $ 1 75 Commerical Stainless Condiment Caddy 1 S 5,167 1 77 By Others Trash Can LOT $ _ 1 78 By Others Condiment Caddy 1 $ 1 79 15pare Spare 1 $ 1 80 Spare Spare 1 $ 1 81 By Others Condiment Dispenser 1 $ i 82 By Others Portion Cup/Lid Dispenser 1 $ 1 83 Spare Spare 1 S 1 84 Spare Spare 1 $ 1 85 Spare Spare 1 $ _ _ 1 86 Spare Spare 1 $ - 1 87 Spare Spare 1 $ 1 88 Spare Spare 1 $ 1 89 Spare Spare 1 $ 1 90 Spare Spare 1 $ 2 1 By Others POS Counter 1 $ 2 2 By Others POS 3 5 - 2 3 By Others Packaged Snack Rack 4 $ 2 4 Commerical Stainless Mobile Condiment Counter 2 5 6,214 2 5 Server Condiment Dispenser 6 $ 2,562 2 6 By Others Beverage Counter 1 5 2 7 By Others Coffee Machine 1 $ 2 8 By Others Hot Chocolate Dispenser 2 $ - 2 9 Spare Spare 1 $ 2 10 Spare Spare 1 $ 2 11 By Others Disposable Cup Dispenser 2 $ 2 12 By Others Condiment Caddy 2 $ 2 13 True MFG Pass-Thru Refrigerator 3 S 24,375 2 14 Metro Dry Storage Shelving LOT 5 1,288 2 15 True MFG Reach -fn Re frigera tar _ 1 $ 4,609 2 16 Spare Spare 1 $ - 2 17 Advance Hand Sink Assembly 1 S 866 2 18 By Others Soap & Towel Dispenser 1 $ - _ 2 19 Spare Spare 1 $ 2 20 Spare Spare 1 $ - 3 1 Commerical Stainless Front Counter 1 $ 13,958 3 2 By Others POS 6 $ 3 3 By Others Soda & Ice Dispenser 2 $ 3 4 Dlspensite Rite Cup Dispenser 2 $ 564 3 5 Wells Drawer Warmer 4 S 16,092 3 6 By Others Beverage Refrigerator 6 $ 3 7 Commerical Stainless Back Counter w/Hand Sink 1 $ 3,053 3 7.1 T&S Deck Mount Faucet 1 $ 112 3 8 By Others Soap & Towel Dispenser 4 5 3 9 Krowne Draft Beer Cooler 1 $ 5,419 3 10 Spare Spare 1 $ - 3 11 True MFG Undercounter Refrigerator 3 S 13,085 3 12 Hatco Heated Merchandiser Cabinet 3 $ 21,716 3 12.1 Commerical Stainless Pass-Thru Shelf 1 S 1,004 3 13 By Others Coffee Machine 3 $ 3 14 Hatco Heated Display Cabinet 5 $ 16,052 3 15 Gold Medal Popcorn Popper 2 $ 3,859 3 16 By Others Cheese Dispenser 3 $ 3 17 Commerical Stainless Back Counter 1 $ 1,773 3 18 Commerical Stainless Back Counter 1 $ 3,053 3 19 Spare Spare 1 $ - 3 20 Spare Spare 1 5 3 21 Commerical Stainless Stainless Steel Chase 1 $ 1,157 3 22 Advance Hand Sink Assembly 1 $ 1,733 3 23 Metro Dry Storage Shelving LOT $ 1.317 3 24 By Others Mop Sink Assembly 1 5 3 25 Commerical Stainless Pot Wash Sink 1 $ 4,824 3 _ 25.1 T&S Wall/Splash Mount Faucet 2 $ 1,094 3 25.2 T&S-included with #3-25.1 Twist Waste 4 $ 3 26 Commerical Stainless Wall Shelf 2 $ 1,497 3 27 By Others Grease Interceptor 1 $ 3 28 By Others Trash Can LOT $ - 3 29 Spare Spare 1 5 3 30 Spare Spare 1 $ 3 31 Metro -included with #1-23 IMobile Heated Cabinet LOT S 3 32 True MFG Sandwich Prep Table 3 $ 12,507 ,3 33 Commerical Stainless Work Table 1 $ 1,474 3 34 Commerical Stainless Wall Shelf 2 5 842 1 35 Commerical Stainless Work Table 1 $ 1,734 3 36 Commerical Stainless Wall Shelf 2 5 655 3 37 Commerical Stainless island Worktable 1 5 5,259 3 38 APW Hot Food Well 1 $ 2,329 3 39 Spare Spare 1 $ 3 40 Spare Spare 1 $ 3 41 Carter Hoffmann French Fry Warmer 1 5 4,016 3 42 By Others Exhaust Hood Assembly 1 $ 3 43 By Others Fire Suppression System 1 $ 3 44 Commerical Stainless Wall Flashing 1 $ 2.726 3 45 Turbo Chef Pizza Oven w/Stand 1 S 16.106 3 46 True MFG Refrigerated Equipment Stand 1 5 6,032 3 47 Garland 2 Burner Hot Plate (Gas) 1 $ 1,283 3 47.1 Krowne Gas Hose 1 $ 206 3 48 Garland Griddle (Gas) 1 S 2.999 3 48.1 Krowne Gas Hose 2 $ 413 3 49 Alto-Shaam Cook and Hold Smoker Oven 1 $ 10,148 3 50 Spare Spare 1 $ 3 51 Dean Fryer Assembly (Gas) 1 5 8,679 3 51.1 Krowne Gas Hose 1 $ 621 3 52 True MFG Reach -In Freezer 1 $ 4,330 3 5_3 Commerical Stainless Work Table 1 S 1,474 3 54 Commerical Stainless Wall Shelf 2 5 842 3 55 Manitowoc ice Maker 1 $ 8.589 3 55 Manitowoc -included with #3-55 Ice Storage Bin 1 $ - 3 57 Everpure Water Filtration S stem 1 5 348 3 58 By Others Soda Bag -N Box System 1 $ 3 59 Spare Spare 1 $ 3 60 Spare Spare 1 S 3 61 imperial Brown -included with #1-1 Walk -In Cooler/Freezer 1 S 3 62 Imperial Brown -included with 91-1 Walk -In Cooler/Freezer 1 $ 3 63 Imperial Brown -included with #1-1 Walk -In Cooler/Freezer 1 $ 3 64 Imperial Brown -included with #1-1 Walk -In Cooler/Freezer 1 $ - 3 65 Imperial Brown -included with #1-1 Walk -In Cooler/Freezer 1 5 3 66 Metro Cooler/Freezer Shelving LOT 5 3,092 3 67 Spare Spare 1 $ 1 68 Spare Spare 1 $ 3 69 Spare Spare 1 $ 3 70 Spare Spare 1 S 3 71 ,Spare Spare 1 $ 3 72 Spare Spare 1 $ 3 73 Spare Spare 1 $ 3 74 Spare Spare 1 5 3 75 Spare Spare 1 $ 4 1 Commerical Stainless Front Counter 1 $ 13,958 4 2 By Others POS 6 $ 4 3 By Others Soda & Ice Dispenser 2 $ - 4 4 Dispensite Rite Cup Dispenser 2 $ 564 4 5 Wells Drawer Warmer 4 S 16.092 4 6 By Others Beverage Refrigerator 6 5 4 7 Commerical Stainless Back Counter w/Hand Sink 1 $ 3,053 4 7.1 T&S Deck Mount Faucet 1 $ 112 4 8 By Others Soap & Towel Dispenser 4 5 4 9 Krowne Draft Beer Cooler 1 $ 5,419 4 11 True MFG Undercounter Refrigerator 3 $ 13,085 4 12 Hatco Heated Merchandiser Cabinet 3 5 21.716 4 12.1 Commerical Stainless Pass Thru Shelf 3 $ 1,004 4 13 By Others Coffee Machine 3 $ 4 14 Hatco Heated Display Cabinet 5 $ 16,052 4 1s Gold Medal Popcorn Popper 2 S 3.859 4 16 By Others Cheese Dispenser 3 5 4 27 Commerical Stainless Back Counter 1 $ 1,773 4 18 Commerical Stainless Back Counter 1 $ 3,053 4 19 Spare Spare 1 5 4 20 Spare Spare 1 $ 4 21 Commerical Stainless Stainless Steel Chase 1 5 1,157 4 22 Advance Hand Sink Assembly 1 S 1.733 4 23 Metro Dry Storage Shelving LOT $ 1,386 4 24 By Others Mop Sink Assembly 1 $ 4 25 Commerical Stainless Pot Wash Sink 1 $ 4,824 4 25.1 T&S Wall/Splash Mount Faucet 2 S 1,094 4 25.2 T&S-included with #4-25.1 Twist Waste 4 $ 4 26 Commerical Stainless Wall Shelf 2 $ 1,497 4 27 By Others Grease Interceptor 1 5 4 28 By Others Trash Can LOT $ 4 29 Spare Spare 1 $ 4 30 Spare Spare 1 $ 4 31 Metro -included with 41-23 Mobile Heated Cabinet LOT $ 4 32 True MFG Sandwich Prep Table 3 S 12,507 "4 33 Commerical Stainless Work Table 1 5 1.474 4 34 Commerical Stainless Wall Shelf 2 $ 842 4 35 Commerical Stainless Work Table 1 $ 1,734 4 36, Commerical Stainless Wall Shelf 2 $ 655 4 37 Commerical Stainless Island Worktable 1 5 5,259 4 - 38 APW Hot Food Well 1 $ 2.329 4 39 Spare Spare 1 S - 4 40 Spare Spare 1 S 4 41 Carter Hoffmann French Fry Warmer 1 $ 4,016 4 42 By Others Exhaust Hood Assembly 1 $ 4 43 By Others Fire Suppression System 1 5 4 44 Commerical Stainless Wall Flashing 1 S 2.726 4 45 Turbo Chef Pizza Oven w/Stand 1 $ 16,106 4 46 True MFG Refrigerated Equipment Stand 1 $ 6,032 4 47 Garland 2 Burner Hot Plate (Gas) 1 $ 1,283 4 48 Garland Griddle (Gas) 1 S 2,999 4 48.1 Krowne Gas Hose 1 $ 206 4 49 Alto-Shaam Cook and Hold Somker Oven 1 $ 10,148 4 50 Spare Spare 1 S - 4 51 Dean Fryer Assembly (Gas) 1 5 8,679 4 51.1 Krowne Gas Hose 1 $ 621 4 52 True MFG Reach -In Freezer 1 $ 4,330 4 53 Commerical Stainless Work Table 1 $ 1,474 4 54 Commerical Stainless Wall Shef 2 $ 842 4 55 Manitowoc Ice Maker 1 $ 8,103 4 56 Manitowoc -included with #4-55 Ice Storage Bin 1 $ 4 57 Everpure Water Filter Assembly 1 $ 348 4 58 By Others Soda Bag -N Box System 1 5 4 59 Spare Spare 1 5 4 60 Spare Spare 1 $ 4 61 Imperial Brown -included with #1-1 Walk -In Cooler/Freezer 1 $ 4 62 Imperial Brown -included with #1-1 Walk -In Cooler/Freezer 1 5 4 63 Imperial Brown -included with #1-1 Walk -In Cooler/Freezer 1 $ 4 64 Imperial Brown -included with #1-1 Walk -In Cooler/Freezer 1 $ 4 6S Imperial Brown -included with 91-1 Walk -In Cooler/Freezer 1 _ $ - 4 66 Metro Cooler/Freezer Shelving LOT 5 3,218 4 67 Spare Spare 1 S 4 68 Spare Spare 1 $ 4 69 Spare Spare 1 $ 4 70 Spare Spare 1 5 - 4 71 Spare Spare 1 5 4 72 Spare Spare 1 5 4 73 Spare Spare 1 5 4 74 Spare Spare 1 5 4 75 Spare Spare 1 $ - 5 1 By Others Action Station Table 4 $ 5 2 By Others Induction Warmer 2 $ 5 3 By Others Carving Station 2 $ _ 5 4 By Others Mobile Bar 2 $ - 5 5 By Others POS 2 $ 5 6 Krowne Draft Beer Cooler 1 $ 3,482 5 7 Spare Spare 1 $ 5 a Spare Spare 1 $ 5 9 Spare Spare 1 5 5 10 Spare Spare 1 $ 5 889,719 BREAKDOWN Amount $ FREIGHT $ 13,330 EQUIPMENT $ 889,719 PARTS $ 1,200 INSTALLATION by Subs S 166,845 SALES TAX/USE TAX $ 64,194 TRUCKING $ 5,000 MISCELLANEOUS $ S00 CAD 5 2,600 SUBTOTAL $ 1,143,688 PERFORMANCE BOND $ 6,862 GRAND TOTAL $ 1,150,SS0 z O U V1 z O U p J Q U J V) z Z Z J W o U J J J J Q J J J J Q J= �% O w J J J J LL J J J J LL J O� O p z z z Z z z z z z W O of x 0 0 0 0 0 0 0 0 O O O O �- W U U pppPoppPpo-(O V) Z U U U U z U U U Z U z U W� O z J (~o (~o 0 Q D N W W Z W D Q LU O= Z O z z Z Z w z z z F Zo� Z p U W W H E O O O O uFj 0 0 0 O w O w w Z z z Z Z Z p Z z z m Z z Z w W zp Z W 0 0 0 0 O U O O O z O V 0 0 W U O Z E w w w w� w w w 0 w Y w O o w Q J J J J d J J J U J ,4 J a O a. 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U�( I- �� a m� to U ti ¢� m�� U� m m N O�0 m V m CL m N N N 7 N u v a a cm o O O CD L CD � ai L!fOD M O >r O tD 69 69 Da c O O d ti o a CA. c L O v c a, E E H O V) s 'C W �o aD > C CLO V O '( E a� Q V/ N N N O N QJO 41 LL- v E C i > 2 0 C N Q X i U -0 E O O a C 0 (n O m ( V) O O ) N N O E O 7 M Q .— W L Q Q Project Manual Paducah Sports Park Bid Package 02 — Buildings Paducah, Kentucky OCUMENT 000117 — INDEX OF DRAWINGS BID PACKAGE 02 - BUILDINGS PADUCAH SPORTS PARK PADUCAH,KENTUCKY TITLE COVER SHEET: BID PACKAG 02 — BUILDINGS BUILDING 1 - GRANDSTAND L1.0 LEGEND AND SHEET INDEX LS1.1 LIFE SAFETY PLAN AND CODE REVIEW LS12 LIFE SAFETY PLAN AND CODE REVIEW LS1.3 LIFE SAFETY PLAN AND CODE REVIEW STRUCTURAL S0.1 STRUCTURAL NOTES S1.0 GRANDSTAND DEMOLITION PLANS S1.1 GRANDSTAND FOUNDATION PLAN S1.2 GRANDSTAND MEZZANINE PLAN S 1.3 GRANDSTAND UPPER LEVEL PLAN SIA GRANDSTAND UPPER ROOF PLAN S3.1 FOUNDATION DETAILS S32 FOUNDATION DETAILS S4.1 FRAMING DETAILS S42 FRAMING DETAILS S4.3 FRAMING DETAILS S5.1 STRUCTURAL SCHEDULES ARCHITECTURAL A0.1 DEMOLITION PLAN - MAIN AND MEZZANINE LEVELS A02 DEMOLITION PLAN - UPPER LEVEL AND ROOF A L I FLOOR PLAN - MAIN LEVEL Al2 FLOOR PLAN - MEZZANINE LEVEL A1.3 FLOOR PLAN - UPPER LEVEL A2.1 ROOF PLAN AND DETAILS A3.1 EXTERIOR ELEVATIONS A32 EXTERIOR ELEVATIONS A4.1 BUILDING SECTIONS A42 BUILDING SECTIONS A4.3 BUILDING SECTIONS A5.1 WALL SECTIONS A52 WALL DETAILS A6.1 REFLECTED CEILING PLANS A62 REFLECTED CEILING PLAN A7.1 TOILET INTERIOR ELEVATIONS A72 ENLARGED PLANS AND CASEWORK ELEVATIONS A8.1 DOOR SCHEDULE AND DETAILS A82 FINISH SCHEDULE INDEX OF DRAWINGS 000117-1 Project Manual Bid Package 02 - Buildings FIRE PROTECTION Paducah Sports Park Paducah, Kentucky FPO.1 FIRE PROTECTION LEAD SHEET FPD1.1 FIRE PROTECTION DEMOLITION PLAN - GRANDSTAND- LOWER LEVEL FPD1.2 FIRE PROTECTION DEMOLITION PLAN - GRANDSTAND- MEZZANINE LEVEL FPD1.3 FIRE PROTECTION DEMOLITION PLAN - GRANDSTAND - UPPER LEVEL FP1.1 FIRE PROTECTION PLANS - GRANDSTAND - LOWER LEVEL FP1.2 FIRE PROTECTION PLANS - GRANDSTAND - MEZZANINE LEVEL FP1.3 FIRE PROTECTION PLANS - GRANDSTAND - UPPER LEVEL PLUMBING P0.1 PLUMBING LEAD SHEET PD1.1 PLUMBING DEMOLITION PLAN - GRANDSTAND - LOWER LEVEL PD1.2 PLUMBING DEMOLITION PLAN - GRANDSTAND - UPPER LEVEL PLL PLUMBING PLANS - GRANDSTAND - LOWER LEVEL P1.2 PLUMBING PLANS - GRANDSTAND - MEZZANINE LEVEL P 1.3 PLUMBING PLANS - GRANDSTAND - UPPER LEVEL P2.1 PLUMBING ENLARGED PLANS - GRANDSTAND P3.1 PLUMBING DIAGRAMS P4.1 PLUMBING DETAILS P4.2 PLUMBING DETAILS MECHANICAL H0.1 HVAC LEAD SHEET HD1.1 HVAC DEMOLITION PLAN - GRANDSTAND- LOWER LEVEL HD1.2 HVAC DEMOLITION PLAN - GRANDSTAND- MEZZANINE LEVEL HD1.3 HVAC DEMOLITION PLAN - GRANDSTAND - UPPER LEVEL H1.1 HVAC PLANS - GRANDSTAND - LOWER LEVEL H1.2 HVAC PLANS - GRANDSTAND - MEZZANINE LEVEL H1.3 HVAC PLANS - GRANDSTAND - UPPER LEVEL H2.1 HVAC ENLARGED PLANS H2.2 HVAC ENLARGED PLANS H4.1 HVAC DETAILS H4.2 HVAC DETAILS H4.3 AHU-1 VIEWS H5.1 HVAC SCHEDULES H5.2 HVAC SCHEDULES H5.3 HVAC SCHEDULES ELECTRICAL E0.1 ELECTRICAL LEAD SHEET ED1.1 ELECTRICAL DEMOLITION PLAN - GRANDSTAND - LOWER LEVEL ED1.2 ELECTRICAL DEMOLITION PLAN - GRANDSTAND - UPPER LEVEL E1.1 ELECTRICAL PLANS - GRANDSTAND - LOWER LEVEL E1.2 ELECTRICAL PLANS - GRANDSTAND - MEZZANINE LEVEL E1.3 ELECTRICAL PLANS - GRANDSTAND - UPPER LEVEL E2.1 ELECTRICAL ENLARGED FLOOR PLANS E3.1 ELECTRICAL RISER DIAGRAMS E4.1 ELECTRICAL DETAILS E4.2 ELECTRICAL DETAILS E4.3 ELECTRICAL DETAILS INDEX OF DRAWINGS 000117-2 Project Manual Bid Package 02 — Buildings E4.4 ELECTRICAL DETAILS E5.1 ELECTRICAL SCHEDULES E5.2 ELECTRICAL SCHEDULES BUILDING 2 — OFFICIALS' BUILDING L1.0 LEGEND AND SHEET INDEX LS1.1 LIFE SAFETY PLAN AND CODE REVIEW STRUCTURAL S1.0 STRUCTURAL NOTES AND PLAN ARCHITECTURAL Paducah Sports Park Paducah, Kentucky A1.1 FLOOR PLANS, FINISH SCHEDULE AND TOILET ELEVATIONS A2.1 ROOF PLAN AND DETAILS A3.1 EXTERIOR ELEVATIONS A4.1 BUILDING AND WALL SECTIONS A8.1 DOOR SCHEDULE AND DETAILS PLUMBING P0.1 PLUMBING LEAD SHEET P1.1 PLUMBING PLANS - OFFICIAL'S BUILDING MECHANICAL 1-10.1 HVAC LEAD SHEET H1.1 HVAC PLANS - OFFICIAL'S BUILDING DME L I DEMOLITION MECH-ELEC PLANS — OFFICIALS' BUILDING ELECTRICAL E0.1 ELECTRICAL LEAD SHEET E1.1 ELECTRICAL FLOOR PLANS — OFFICIALS' BUILDING E4.1 ELECTRICAL DETAILS E4.2 ELECTRICAL DETAILS E5.1 ELECTRICAL SCHEDULES BUILDING 3 — RESTROOM/CONCESSION L1.0 LEGEND AND SHEET INDEX LSLI LIFE SAFETY PLAN AND CODE REVIEW STRUCTURAL S0.1 STRUCTURAL NOTES S1.1 RESTROOM/CONCESSION - DIAMOND FLOOR PLAN S3.1 FOUNDATION DETAILS S4.1 FRAMING DETAILS S5.1 STRUCTURAL SCHEDULES ARCHITECTURAL A L I FLOOR PLANS A2.1 ROOF PLAN AND DETAILS A3.1 EXTERIOR ELEVATIONS A4.1 BUILDING SECTIONS INDEX OF DRAWINGS 000117-3 Project Manual Bid Package 02 - Buildings A6.1 REFLECTED CEILING PLAN AND DETAILS A7.1 FINISH SCHEDULE AND TOILET ELEVATIONS A8.1 DOOR SCHEDULE AND DETAILS PLUMBING P0.1 PLUMBING LEAD SHEET P1.1 PLUMBING PLANS - CONCESSIONS - DIAMOND FIELDS P3.1 PLUMBING DIAGRAMS P4.1 PLUMBING DETAILS P4.2 PLUMBING DETAILS MECHANICAL Paducah Sports Park Paducah, Kentucky 1-10.1 HVAC LEAD SHEET HLI HVAC PLANS - CONCESSIONS - DIAMOND FIELDS H5.1 HVAC SCHEDULES H5.2 HVAC SCHEDULES ME1.1 MECH-ELEC ROOF PLAN - CONCESSIONS - DIAMOND FIELDS ELECTRICAL E0.1 ELECTRICAL LEAD SHEET E1.1 ELECTRICAL FLOOR PLANS - CONCESSIONS - DIAMOND FIELDS E2.1 ELECTRICAL ENLARGED FLOOR PLAN E3.1 ELECTRICAL RISER DIAGRAMS E4.1 ELECTRICAL DETAILS E4.2 ELECTRICAL DETAILS E4.3 ELECTRICAL DETAILS E5.1 ELECTRICAL SCHEDULES E5.2 ELECTRICAL SCHEDULES BUILDING 4 - RESTROOM/CONCESSION L1.0 LEGEND AND SHEET INDEX LS1.1 LIFE SAFETY PLAN AND CODE REVIEW STRUCTURAL S0.1 STRUCTURAL NOTES S1.1 RESTROOM/CONCESSION - RECTANGLE PLANS S3.1 FOUNDATION DETAILS S4.1 FRAMING DETAILS S4.2 FRAMING DETAILS S5.1 STRUCTURAL SCHEDULES ARCHITECTURAL A L I FLOOR PLANS A2.1 ROOF PLAN AND DETAILS A3.1 EXTERIOR ELEVATIONS A4.1 BUILDING SECTIONS A5.1 WALL SECTIONS A6.1 REFLECTED CEILING PLAN A7.1 TOILET ELEVATIONS A8.1 SCHEDULES AND DETAILS INDEX OF DRAWINGS 000117-4 Project Manual Bid Package 02 - Buildings PLUMBING P0.1 PLUMBING LEAD SHEET Paducah Sports Park Paducah, Kentucky P1.1 PLUMBING PLANS - CONCESSIONS - MULTIPURPOSE FIELDS P1.2 PLUMBING PLANS - CONCESSIONS - MULTIPURPOSE FIELDS P3.1 PLUMBING DIAGRAMS P4.1 PLUMBING DETAILS P4.2 PLUMBING DETAILS MECHANICAL H0.1 HVAC LEAD SHEET H1.1 HVAC PLANS - CONCESSIONS - MULTIPURPOSE FIELDS H1.2 HVAC PLANS - CONCESSIONS - MULTIPURPOSE FIELDS H5.1 HVAC SCHDULES H5.2 HVAC SCHDULES ME1.2 MECH-ELEC ROOF PLAN - CONCESSIONS - MULTIPURPOSE FIELDS ELECTRICAL E0.1 ELECTRICAL LEAD SHEET E1.1 ELECTRICAL PLANS - CONCESSIONS - MULTIPURPOSE FIELDS E1.2 ELECTRICAL PLANS - CONCESSIONS - MULTIPURPOSE FIELDS E2.1 ELECTRICAL ENLARGED FLOOR PLAN E3.1 ELECTRICAL RISER DIAGRAMS E4.1 ELECTRICAL DETAILS E4.2 ELECTRICAL DETAILS E4.3 ELECTRICAL DETAILS E5.1 ELECTRICAL SCHEDULES E5.2 ELECTRICAL SCHEDULES BUILDINGS 5-8 - MAINTENANCE L1.0 LEGEND AND SHEET INDEX LS1.1 LIFE SAFETY PLAN AND CODE REVIEW STRUCTURAL 50.1 STRUCTURAL NOTES S1.1 MAINTENANCE BUILDING PLANS 51.2 EXTG. MAINT. BUILDINGS AND NEW COVERS PLAN 52.1 MAINTENANCE BUILDING FRAMING ELEVATIONS 53.1 FOUNDATION DETAILS 54.1 FRAMING DETAILS 55.1 STRUCTURAL SCHEDULES ARCHITECTURAL ALL DEMOLITION PLANS A1.2 FLOOR PLANS A1.3 FLOOR PLAN A2.1 ROOF PLANS A3.1 EXTERIOR ELEVATIONS A3.2 EXTERIOR ELEVATIONS A4.1 BUILDING SECTIONS A6.1 REFLECTED CEILING PLAN INDEX OF DRAWINGS 000117-5 Project Manual Bid Package 02 - Buildings A7.1 FINISH SCHEDULE AND TOILET ELEVATIONS A8.1 DOOR SCHEDULE AND DETAILS PLUMBING P0.1 PLUMBING LEAD SHEET P1.1 PLUMBING PLANS - MAINTENANCE BUILDINGS P3.1 PLUMBING DIAGRAMS P4.1 PLUMBING DETAILS MECHANICAL Paducah Sports Park Paducah, Kentucky 110.1 HVAC LEAD SHEET 111.1 HVAC PLANS - MAINTENANCE BUILDINGS H5.1 HVAC SCHEDULES DME1.2 DEMOLITION MECH-ELEC PLANS - MAINTANENCE BUILDINGS ELECTRICAL E0.1 ELECTRICAL LEAD SHEET E1.1 ELECTRICAL LIGHTING PLANS - MAINTENANCE BUILDINGS E1.2 ELECTRICAL POWER PLANS - MAINTENANCE BUILDINGS E4.1 ELECTRICAL DETAILS E4.2 ELECTRICAL DETAILS E5.1 ELECTRICAL SCHEDULES E5.2 ELECTRICAL SCHEDULES BUILDING 9 - COMMUNITY SHELTER 1 L1.0 LEGEND AND SHEET INDEX LS1.1 LIFE SAFETY PLAN AND CODE REVIEW STRUCTURAL S0.1 STRUCTURAL NOTES S1.1 LARGE SHELTER FOUNDATION PLAN & DETAILS ARCHITECTURAL AL I FLOOR PLANS, TOILET ELEVATIONS A2.1 ROOF PLAN, DETAILS AND EXTERIOR ELEVATIONS A8.1 DOOR AND FINISH SCHEDULES AND DETAILS PLUMBING P0.1 PLUMBING LEAD SHEET P1.1 PLUMBING PLAN - COMMUNITY SHELTER 1 MECHANICAL 110.1 HVAC LEAD SHEET H1.1 HVAC PLAN - COMMUNITY SHELTER 1 ELECTRICAL E0.1 ELECTRICAL LEAD SHEET E1.1 ELECTRICAL FLOOR PLANS - COMMUNITY SHELTER 1 E4.1 ELECTRICAL DETAILS E4.2 ELECTRICAL DETAILS INDEX OF DRAWINGS 000117-6 Project Manual Bid Package 02 - Buildings E5.1 ELECTRICAL SCHEDULES BUILDING 10 - COMMUNITY SHELTER 2 L1.0 LEGEND AND SHEET INDEX LS1.1 LIFE SAFETY PLAN AND CODE REVIEW STRUCTURAL S0.1 STRUCTURAL NOTES S1.1 SMALL SHELTER FOUNDATION PLAN & DETAILS ARCHITECTURAL A L I FLOOR PLANS, TOILET ELEVATIONS A2.1 ROOF PLAN, DETAILS AND EXTERIOR ELEVATIONS A8.1 DOOR AND FINISH SCHEDULES AND DETAILS PLUMBING P0.1 PLUMBING LEAD SHEET P1.1 PLUMBING PLAN - COMMUNITY SHELTER 2 MECHANICAL 1-10.1 HVAC LEAD SHEET H1.1 HVAC PLAN - COMMUNITY SHELTER 2 ELECTRICAL E0.1 ELECTRICAL LEAD SHEET E1.1 ELECTRICAL FLOOR PLANS - COMMUNITY SHELTER 2 E4.1 ELECTRICAL DETAILS E4.2 ELECTRICAL DETAILS E5.1 ELECTRICAL SCHEDULES E5.2 ELECTRICAL SCHEDULES FOOD SERVICE DRAWINGS FS0.0 FOOD SERVICE GENERAL NOTES FS0.0 FOOD SERVICE GENERAL NOTES FSLI FOOD SERVICE EQUIPMENT PLAN FS1.2A FOOD SERVICE EQUIPMENT UTILITY SCHEDULE FS1.2B FOOD SERVICE EQUIPMENT UTILITY SCHEDULE FS1.3 FOOD SERVICE BUILDING CONDITIONS PLAN FS I A FOOD SERVICE PLUMBING PLAN FS1.5 FOOD SERVICE ELECTRICAL PLAN FS2.1 FOOD SERVICE EQUIPMENT PLAN FS2.2 FOOD SERVICE EQUIPMENT UTILITY SCHEDULE FS2.3 FOOD SERVICE BUILDING CONDITIONS PLAN FS2.4 FOOD SERVICE PLUMBING PLAN FS2.5 FOOD SERVICE ELECTRICAL PLAN FS3.1 FOOD SERVICE EQUIPMENT PLAN FS3.2 FOOD SERVICE EQUIPMENT UTILITY SCHEDULE FS3.3 FOOD SERVICE BUILDING CONDITIONS PLAN FS3.4 FOOD SERVICE PLUMBING PLAN FS3.5 FOOD SERVICE ELECTRICAL PLAN Paducah Sports Park Paducah, Kentucky INDEX OF DRAWINGS 000117-7 Project Manual Paducah Sports Park Bid Package 02 — Buildings Paducah, Kentucky END OF DOCUMENT 000117 INDEX OF DRAWINGS 000117-8 Project Manual Bid Package 02 - Buildings Bid Package 02 - Buildings Paducah Sports Park 150 Downs Drive Paducah, Kentucky DOCUMENT 000110 - TABLE OF CONTENTS Paducah Sports Park Paducah, Kentucky DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS PAGES 000116 INVITATION TO BID............................................................................................... 2 000117 INDEX OF DRAWINGS............................................................................................ 7 001100 PUBLIC NOTICE....................................................................................................... 1 002113 AIA DOCUMENT A701-2018 INSTRUCTIONS TO BIDDERS ............................. 8 003119 EXISTING CONDITION INFORMATION.............................................................. 1 003126 EXISTING HAZARDOUS MATERIAL INFORMATION ...................................... 1 003143 PERMIT APPLICATION........................................................................................... 1 004113.1 FORM OF PROPOSAL — BUILDINGS.................................................................... 12 004113.2 FORM OF PROPOSAL — FOODSERVICE EQUIPMENT ...................................... 6 004600.1 BID EVALUATION FORM — BUILDINGS............................................................. 1 004600.2 BID EVALUATION FORM — FOODSERVICE EQUIPMENT ............................... 1 005100.1 NOTICE OF AWARD — BUILDINGS...................................................................... 2 005100.2 NOTICE OF AWARD — FOODSERVICE EQUIPMENT ........................................ 2 005213 AIA DOCUMENT A101-2017 STANDARD FORM OF AGREEMENT BETWEEN ONWER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS A STIPULATED SUM...................................................................... 8 006113.13 AIA DOCUMENT A312-2010 PERFORMANCE BOND ........................................ 4 006113.14 AIA DOCUMENT A312-2010 PAYMENT BOND .................................................. 4 007213 AIA DOCUMENT A201-2007 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION....................................................................... 39 007216 GENERAL CONDITIONS AMENDMENT.............................................................. 2 007300 SUPPLEMENTARY CONDITIONS......................................................................... 4 DIVISION O1 - GENERAL REQUIREMENTS PAGES 011000 SUMMARY................................................................................................................ 4 011200 MULTIPLE CONTRACT SUMMARY..................................................................... 8 012100 ALLOWANCES......................................................................................................... 5 012300 ALTERNATES........................................................................................................... 2 012500 SUBSTITUTION PROCEDURES............................................................................. 4 012600 CONTRACT MODIFICATION PROCEDURES...................................................... 2 012900 PAYMENT PROCEDURES...................................................................................... 4 013100 PROJECT MANAGEMENT AND COORDINATION ............................................. 6 013300 SUBMITTAL PROCEDURES................................................................................... 9 015000 TEMPORARY FACILITIES AND CONTROLS...................................................... 5 016000 PRODUCT REQUIREMENTS.................................................................................. 7 017300 EXECUTION.............................................................................................................. 5 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ............................ 4 017700 CLOSEOUT PROCEDURES..................................................................................... 4 017823 OPERATION AND MAINTENANCE DATA.......................................................... 8 017839 PROJECT RECORD DOCUMENTS......................................................................... 5 017900 DEMONSTRATION AND TRAINING.................................................................... 4 TABLE OF CONTENTS 000110-1 Project Manual Bid Package 02 - Buildings Paducah Sports Park Paducah, Kentucky DIVISION 02 — EXISTING CONDITIONS PAGES 024116 STRUCTURE DEMOLITION................................................................................... 7 028200 ASBESTOS ABATEMENT....................................................................................... 29 DIVISION 03 — CONCRETE PAGES 033000 CAST IN PLACE CONCRETE.................................................................................. 10 DIVISION 04 — MASONRY PAGES 042000 UNIT MASONRY...................................................................................................... 15 042200 CONCRETE MASONRY UNIT - LOADBEARING................................................ 8 DIVISION 05 — METALS PAGES 051200 STRUCTURAL STEEL FRAMING.......................................................................... 8 052100 STEEL JOIST FRAMING.......................................................................................... 4 053100 STEEL DECKING...................................................................................................... 6 054000 COLD -FORMED METAL FRAMING...................................................................... 13 055000 METAL FABRICATIONS......................................................................................... 9 055113 METAL PAN STAIRS............................................................................................... 11 055213 PIPE AND TUBE RAILINGS.................................................................................... 10 DIVISION 06 — WOODS PLASTICS AND COMPOSITES PAGES 061000 ROUGH CARPENTRY.............................................................................................. 4 061600 SHEATHING.............................................................................................................. 9 061753 SHOP -FABRICATED WOOD TRUSSES................................................................. 4 061800 GLUED -LAMINATED CONSTRUCTION.............................................................. 4 064116 PLASTIC -LAMINATE -CLAD ARCHITECTURAL CABINETS ........................... 7 DIVISION 07 — THERMAL AND MOISTURE PROTECTION PAGES 072100 THERMAL INSULATION........................................................................................ 4 072119 FOAMED -IN-PLACE INSULATION....................................................................... 2 072726 FLUID -APPLIED MEMBRANE AIR BARRIERS ................................................... 7 073113 ASPHALT SHINGLES.............................................................................................. 5 074113.13 FORMED METAL ROOF PANELS.......................................................................... 12 074213.13 FORMED METAL WALL PANELS......................................................................... 11 074293 SOFFIT PANELS....................................................................................................... 5 075423 THERMOPLASTIC -POLYOLEFIN (TPO) ROOFING ............................................ 12 076200 SHEET METAL FLASHING AND TRIM................................................................ 9 077100 ROOF SPECIALTIES................................................................................................ 10 077200 ROOF ACCESSORIES.............................................................................................. 7 078123 INTUMESCENT FIRE PROTECTION..................................................................... 6 078443 JOINT FIRESTOPPING............................................................................................. 3 079200 JOINT SEALANTS.................................................................................................... 11 DIVISION 08 — OPENINGS PAGES 081113 HOLLOW METAL DOORS AND FRAMES............................................................ 6 081213 HOLLOW METAL FRAMES.................................................................................... 5 081416 FLUSH WOOD DOORS............................................................................................ 6 083313 COILING COUNTER DOORS.................................................................................. 6 TABLE OF CONTENTS 000110-2 Project Manual Bid Package 02 - Buildings Paducah Sports Park Paducah, Kentucky 083323 OVERHEAD COILING DOORS............................................................................... 9 083326 OVERHEAD COILING GRILLES............................................................................ 7 084313 ALUMINUM -FRAMED STOREFRONTS............................................................... 9 087100 DOOR HARDWARE................................................................................................. 13 088000 GLAZING................................................................................................................... 8 DIVISION 09 — FINISHES PAGES 092216 NON-STRUCTURAL METAL FRAMING.............................................................. 6 092900 GYPSUM BOARD..................................................................................................... 8 095113 ACOUSTICAL PANEL CEILINGS.......................................................................... 8 096513 RESILIENT BASE AND ACCESSORIES................................................................ 4 096519 RESILIENT TILE FLOORING.................................................................................. 5 096813 TILE CARPETING..................................................................................................... 6 098436 SOUND-ABSORBNING CEILING UNITS.............................................................. 6 099113 EXTERIOR PAINTING............................................................................................. 7 099123 INTERIOR PAINTING.............................................................................................. 7 DIVISION 10 — SPECIALTIES PAGES 102113.19 PLASTIC TOILET COMPARTMENTS.................................................................... 5 104413 FIRE PROTECTION CABINETS.............................................................................. 5 104416 FIRE EXTINGUISHERS............................................................................................ 3 105300 HANGER ROD SUPPORTED CANOPIES.............................................................. 2 DIVISION 11 — EQUIPMENT PAGES 011400 FOODSERVICE EQUIPMENT................................................................................. 43 DIVISION 12 — FURNISHINGS PAGES 123623.16 PLASTIC -LAMINATE -CLAD COUNTERTOPS..................................................... 5 DIVISION 14 — CONVEYING EQUIPMENT PAGES 142123.16 MACHINE ROOM -LESS ELECTRIC TRACTION PASSENGER ELEVATORS. 5 DIVISION 21 — FIRE SUPPRESSION PAGES 210000 GENERAL PROVISIONS FOR FIRE SUPPRESSION ............................................ 2 210500 COMMON WORK RESULTS FOR FIRE SUPPRESSION ..................................... 2 210553 IDENTIFICATION FOR FIRE SUPPRESSION AND EQUIPMENT ...................... 2 211000 WATER-BASED FIRE SUPPRESSION SYSTEMS ................................................ 18 212000 FIRE PROTECTION HOSE CABINETS................................................................. 4 DIVISION 22 — PLUMBING PAGES 220000 GENERAL PROVISIONS FOR PLUMBING........................................................... 2 220500 COMMON WORK RESULTS FOR PLUMBING .................................................... 2 220519 METERS AND GAGES FOR PLUMBING PIPING ................................................. 2 220523 GENERAL -DUTY VALVES FOR PLUMBING PIPING ......................................... 2 220529 HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT ..... 2 220548 VIBRATION AND SEISMIC CONTROLS FOR PLUMBING PIPING AND EQUIPMENT.............................................................................................................. 2 220553 IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT ....................... 2 TABLE OF CONTENTS 000110-3 Project Manual Paducah Sports Park Bid Package 02 - Buildings Paducah, Kentucky 220700 PLUMBING INSULATION....................................................................................... 2 220800 COMMISSIONING OF PLUMBING SYSTEMS ..................................................... 2 221116 DOMESTIC WATER PIPING................................................................................... 10 221119 DOMESTIC WATER PIPING SPECIALTIES.......................................................... 10 221123 FACILITY NATURAL-GAS PIPING....................................................................... 10 221316 SANITARY WASTE AND VENT PIPING............................................................... 4 221319 SANITARY WASTE PIPING SPECIALTIES.......................................................... 4 221413 FACILITY STORM DRAINAGE PIPING................................................................ 4 221423 STORM DRAINAGE PIPING SPECIALTIES.......................................................... 4 223300 ELECTRIC DOMESTIC WATER HEATERS.......................................................... 4 223400 FUEL -FIRED DOMESTIC WATER HEATERS ...................................................... 4 224000 PLUMBING FIXTURES........................................................................................... 10 224500 EMERGENCY PLUMBING FIXTURES.................................................................. 4 224700 DRINKING FOUNTAINS AND WATER COOLERS ............................................ 4 DIVISION 23 — HEATING VENTILATING AND AIR CONDITIONING PAGES 230000 GENERAL PROVISIONS FOR MECHANICAL..................................................... 16 230500 COMMON WORK RESULTS FOR MECHANICAL .............................................. 8 230519 METERS AND GAGES FOR MECHANICAL PIPING ........................................... 4 230523 GENERAL -DUTY VALVES FOR MECHANICAL PIPING ................................... 6 230529 HANGERS AND SUPPORTS FOR MECHANICAL PIPING AND EQUIPMENT 8 230548 VIBRATION AND SEISMIC CONTROLS FOR MECHANICAL PIPING AND EQUIPMENT.............................................................................................................. 12 230553 IDENTIFICATION FOR MECHANICAL PIPING AND EQUIPMENT ................. 4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC .................................... 14 230700 MECHANICAL INSULATION................................................................................. 20 230800 COMMISSIONING OF MECHANICAL AND ELECTRICAL ............................... 12 230900 INSTRUMENTATION AND CONTROL FOR HVAC ............................................ 28 230993 SEQUENCE OF OPERATIONS FOR HVAC CONTROLS ..................................... 28 232113 HYDRONIC PIPING.................................................................................................. 14 232123 HYDRONIC PUMPS.................................................................................................. 4 232300 REFRIGERANT PIPING.......................................................................................... 6 232500 HVAC WATER TREATMENT................................................................................ 8 233113 METAL DUCTS......................................................................................................... 10 233300 AIR DUCT ACCESSORIES...................................................................................... 8 233423 HVAC POWER VENTILATORS.............................................................................. 4 233600 AIR TERMINAL UNITS........................................................................................... 4 233713 DIFFUSERS AND GRILLES..................................................................................... 2 233716 LOUVERS AND VENTS........................................................................................... 4 233723 HVAC GRAVITY VENTILATORS.......................................................................... 4 233813 COMMERCIAL -KITCHEN HOODS........................................................................ 8 233850 PACKAGED, OUTDOOR, COMMERCIAL -KITCHEN HEATING -ONLY MAKEUP AIR UNITS............................................................................................... 4 234100 PARTICULATE AIR FILTRATION........................................................................ 2 235216 CONDENSING BOILERS........................................................................................ 6 235533 FUEL -FIRED UNIT HEATERS................................................................................ 4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS .................................... 4 237313 MODULAR INDOOR CENTRAL -STATION AIR -HANDLING UNITS ............... 8 237413 PACKAGED, OUTDOOR, CENTRAL -STATION AIR -HANDLING UNITS ....... 6 237438 DEDICATED VENTILATION AIR -CONDITIONER WITH ENERGY TABLE OF CONTENTS 000110-4 Project Manual Paducah Sports Park Bid Package 02 - Buildings Paducah, Kentucky RECOVERY VENTILATOR..................................................................................... 8 238126 FURNACES AND CONDENSING UNITS............................................................... 6 238128 DUCTLESS SPLIT -SYSTEM HEAT PUMPS.......................................................... 4 238239 UNIT HEATERS........................................................................................................ 4 DIVISION 26 — ELECTRICAL PAGES 260000 GENERAL PROVISIONS FOR ELECTRICAL....................................................... 12 260500 COMMON WORK RESULTS FOR ELECTRICAL ................................................. 4 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ........ 4 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS .......................... 4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS .............................. 6 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS .................................... 6 260548 VIBRATION AND SEISMIC CONTROLS FOR ELECTRICAL SYSTEMS ......... 8 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS ................................................ 4 260800 COMMISSIONING OF LIGHTING CONTROL SYSTEMS ................................... 2 260923 LIGHTING CONTROL DEVICES............................................................................ 10 262413 SWITCHBOARDS..................................................................................................... 8 262416 PANELBOARDS........................................................................................................ 6 262726 WIRING DEVICE...................................................................................................... 4 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS .......................................... 4 264313 TRANSIENT VOLTAGE SUPPRESSION FOR LOW VOLTAGE ELECTRICAL POWER CIRCUITS.......................................................................... 4 265100 INTERIOR LIGHTING.............................................................................................. 4 265213 EMERGENCY AND EXIT LIGHTING.................................................................... 8 265619 LED EXTERIOR LIGHTING.................................................................................... 6 DIVISION 27 — COMMUNICATIONS PAGES 270000 GENERAL PROVISIONS FOR COMMUNICATIONS ........................................... 2 270500 COMMON WORK RESULTS FOR COMMUNICATIONS .................................... 2 270526 GROUNDING AND BONDING FOR COMMUNICATIONS SYSTEMS .............. 6 270528 PATHWAYS FOR COMMUNICATIONS SYSTEMS ............................................. 10 270529 HANGERS AND SUPPORTS FOR COMMUNICATIONS SYSTEMS .................. 6 270548 VIBRATION AND SEISMIC CONTROL FOR COMMUNICATIONS SYSTEMS................................................................................................................... 2 270553 IDENTIFICATION FOR COMMUNICATIONS SYSTEMS ................................... 2 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS ........................................ 4 271323 COMMUNICATIONS OPTICAL FIBER BACKBONE CABLING ........................ 8 271513 COMMUNICATIONS COPPER HORIZONTAL CABLING .................................. 10 275116 PUBLIC ADDRESS SYSTEMS................................................................................ 8 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY PAGES 281300 ACCESS CONTROL SOFTWARE AND DATA MANAGEMENT ........................ 32 281500 ACCESS CONTROL HARDWARE DEVICES........................................................ 8 282000 VIDEO SURVEILLANCE........................................................................................ 12 284621.11 ADDRESSABLE FIRE -ALARM SYSTEM.............................................................. 30 APPENDIX Appendix 1 PHASE 1 ENVIRONMENTAL SITE ASSESSMENT .............................................. 27 Appendix 2 GEOTECHNICAL EXPLORATION REPORT......................................................... 82 TABLE OF CONTENTS 000110-5 Project Manual Paducah Sports Park Bid Package 02 - Buildings Paducah, Kentucky Appendix 3 ASBESTOS INSPECTION REPORT........................................................................ 45 END OF DOCUMENT 000110 TABLE OF CONTENTS 000110-6 Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Approve an Ordinance Creating a Real Estate Parcel Fee for the Funding of 911 Services, Maintenance, and Equipment - D. JORDAN Category: Ordinance Staff Work By: Daron Jordan, Jonathan Perkins Presentation By: Daron Jordan Background Information: The City of Paducah and McCracken County have entered into an Interlocal Cooperation Agreement for the provision of joint 911 services. There is currently a fee-based system for financial support based upon a per -month charge on "land -line" phones in Paducah, McCracken County, Kentucky. Due to the ever-increasing use and reliance on mobile phones and the concomitant decreasing existence of land -line phones has resulted in a significant decrease in revenues to support the operations of emergency 911 communication services in Paducah, McCracken County. The reduction in revenues has resulted in inadequate funding to continue operating emergency 911 communication services in Paducah, McCracken County, Kentucky. A real estate parcel fee would assist in the funding of emergency 911 communication services and also ensure the distribution of funding to a broader range of citizens rather than just those who have land -line phones This ordinance establishes an annual parcel fee on all occupied individual residential units and all occupied individual commercial, religious, charitable, educational, and public use units located within the territorial limits of the City of Paducah. The fee will be used for the delivery of Enhanced 911 emergency telephone service and the associated maintenance of systems and devices, including but not limited to, operating costs of the Paducah -McCracken County 911 Services Center and purchase and maintenance of E911 equipment. The ordinance sets annual parcel fees as follows: • Super Commercial Unit (contains structure in excess of 25,000 sq. ft.) $1,550 • Large Commercial Unit (contains structure between 7,500 and 25,000 sq. ft.) $860 • Medium Commercial Unit (contains structure between 2,500 and 7,500 sq. ft.) $325 • Small Commercial Unit (structure between 1 and 2,500 sq. ft.) $210 • Parking Lots $150 • Public Use Units (emergency service, governmental, religious, charitable, and educational) $35 • Residential Units $45 Parcel fees shall be placed upon the City of Paducah's property tax bills beginning with the 2024 tax bill and continuing every year thereafter. The due dates will be the same as the property tax due dates set by the Board of Commissioners. In the first year, occupied rental units will be eligible to claim a rebate of $22.50 per unit against the annual fee due. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: 911 Radio Equipment Upgrade, Governance, and Revenue Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: ORD Parcel Fee Ordinance 6-20-24 ORDINANCE NO. 2024 - AN ORDINANCE ESTABLISHING AND IMPOSING A FEE ON ALL OCCUPIED REAL ESTATE PARCELS LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF PADUCAH TO FACILITATE FUNDING FOR THE PROVISION OF JOINT 911 SERVICES AS MORE FULLY SET FORTH IN THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PADUCAH AND MCCRACKEN COUNTY WHEREAS, the City of Paducah and McCracken County are responsible for promoting public safety and the general welfare of the citizens of Paducah, McCracken County, Kentucky; and WHEREAS, the operation of an emergency 911 communications system is one of the most critical of all public services, indispensable and necessary for the safety of the citizens of Paducah, McCracken County to ensure prompt response to emergencies; and WHEREAS, the City of Paducah and McCracken County have entered into an Interlocal Cooperation Agreement for the provision of joint 911 services; and WHEREAS, there is currently a fee-based system for financial support based upon a per - month charge on "land -line" phones in Paducah, McCracken County, Kentucky, and WHEREAS, the ever-increasing use and reliance on mobile phones and the concomitant decreasing existence of land -line phones has resulted in a significant decrease in revenues to support the operations of emergency 911 communication services in Paducah, McCracken County, Kentucky; and WHEREAS, the reduction in revenues has resulted in a lack of adequate funding to continue to operate emergency 911 communication services in Paducah, McCracken County, Kentucky; and WHEREAS, KRS 65.760 (3) expressly permits local governments to fund emergency 911 communication services by the imposition of fees not in conflict with the Constitution and statutes of this state; and 1 WHEREAS, the distribution of funding for emergency 911 communication services among the citizens of Paducah, Kentucky through a fee on parcels located in the City of Paducah is more equitable; bears a reasonable relationship to the benefit received; and requires more citizens to support the system than the existing "land -line" phone fee; and WHEREAS, the Kentucky Supreme Court has expressly permitted fees on real estate parcels as an appropriate mechanism for funding emergency 911 communication services; and WHEREAS, a real estate parcel fee would assist in the funding of emergency 911 communication services and also ensure the distribution of funding to a broader range of citizens rather than just those who have land -line phones; and WHEREAS, the Commission will repeal the land -line phone fee once sufficient funding for 911 has been collected via parcel fees. NOW THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH AS FOLLOWS: SECTION 1. That there is hereby established, imposed, and implemented an annual parcel fee on all occupied individual residential units and all occupied individual commercial, religious, charitable, educational, and public use units located within the territorial limits of the City of Paducah, as determined from the records of the McCracken County Property Valuation Administrator's office. The fee shall be used for the delivery of Enhanced 911 emergency telephone service as provided for by KRS 65.760 and the associated maintenance of systems and devices, including but not limited to, operating costs of the Paducah - McCracken County 911 Services Center and purchase and maintenance of E911 equipment. SECTION 2. The Board of Commissioners hereby imposes the following annual parcel fees on all parcels of occupied real property, as more accurately defined in Sections 3 through 5 of this Ordinance, which are located within the jurisdictional limits of the City of 2 Paducah: A. Super Commercial Unit (contains structure in excess of 25,000 sq. ft.) $1,550 B. Large Commercial Unit (contains structure between 7,500 and 25,000 sq. ft.) 860 C. Medium Commercial Unit (contains structure between 2,500 and 7,500 sq. ft.) 325 D. Small Commercial Unit (structure between 1 and 2,500 sq. ft.) 210 E. Parking Lots (which shall include, but not be limited to, parking lots, garages, or other areas designed for the parking of motor vehicles as defined by KRS 186.010(4) whereby the owner, occupant, lessee, or possessor of any portion of the parcel leases, rents, licenses, bails, or otherwise allows the parking or storage of motor vehicles in exchange for consideration) 150 F. Public Use Units (emergency service, governmental, religious, charitable, and educational) 35 G. Residential Units 45 In the event a parcel is mixed use, the parcel shall be assessed at the highest applicable assessment rate. SECTION 3. An occupied residential unit shall be defined as each residential space designed and/or utilized for occupancy for residential purposes and includes each apartment and/or duplex unit, house, and mobile home as a separate residential unit. SECTION 4. An occupied commercial unit shall be defined as a non-residential building space of any size designed and/or utilized for occupancy by an individual non- residential business or private enterprise which involves the manufacture, sale, lease, or rental of goods, or services to the public. SECTION 5. An occupied public use unit shall be defined as any parcel owned or leased by: A. Any City, County, State, or Federal Government in which the parcel is used for the purposes of conducting the regular business of its government, its police department, or its fire department. B. A Fire District so long as the parcel is used by the District to deliver fire protection services pursuant to KRS Ch. 75. C. A non-residential building space of any size designed and/or utilized for occupancy for religious activities and/or worship. D. A non-residential building space of any size designed and/or utilized for occupancy for the carrying out of a charitable purpose as determined by Section 501 of the Internal Revenue Code. E. A non-residential building space of any size designed and/or utilized for occupancy for the purpose of education, the administration thereof or extracurricular activities. SECTION 6. The 911 parcel fee shall be placed upon the City of Paducah's property tax bills prepared by the City's Finance Department beginning with the 2024 tax bill and continuing every year thereafter. The due dates shall be the same as the property tax due dates set by the Board of Commissioners. SECTION 7. For the first year only, owners of all occupied residential rental units shall be eligible to claim a rebate of $22.50 per unit against the annual fee due. This rebate, which is the equivalent of a 6 -month share of the fee, is granted to allow owners of rental property additional time to recover some or all of the amount of the fee from tenants. In subsequent years, the full amount of the annual 911 parcel fee shall be paid for all occupied residential rental units. In order to be eligible for this rebate, the property owner of the occupied rental unit(s) shall complete and submit the form, attached hereto, to the City of Paducah Finance Department, which shall be received by the Finance Department on or before March 1, 2025. 4 SECTION 8. The Board of Commissioners, in conjunction with McCracken County, Kentucky, shall amend the Interlocal Agreement for Provision of Emergency 911 Services to create a "Joint 911 Parcel Fee Appeals Board" to address all appeals of parcel fee assessments. SECTION 9. Any property owner may appeal the classification of their property under the terms of this Ordinance. However, an appeal shall not affect the date the parcel fee is due. A property owner wishing to appeal a classification shall file an appeal by delivering a notice of appeal to the Paducah City Clerk by no later than December 1st of the year for which the fee is due. The Joint Appeals Board shall set a date for a meeting in which the property owner can present evidence and otherwise be heard on the issue of classification. The property owner shall bear the burden of proof that the property has been incorrectly classified by clear and convincing evidence. The City shall also have the right to present evidence of proof that the classification is appropriate. If the property owner presents sufficient proof of lack of occupancy and/or any other evidence to indicate that the parcel was inappropriately classified, the Joint Appeals Board shall provide relief to the party by a majority vote, including, but not limited to, a refund of all or a portion of the parcel fee paid during the applicable tax year. SECTION 10. All real estate parcel fees shall be collected by the City of Paducah's Finance Department. SECTION 11. The real estate parcel fees collected shall be accounted for and kept separate and apart from other accounts and may only be used for the funding of emergency 911 services as permitted by state law and as more fully set forth in the Interlocal Cooperation Agreement between the City of Paducah and McCracken County. SECTION 12. The failure of any owner of real property to pay the fee as set forth in this Ordinance shall be punishable as a Class A Misdemeanor and/or by civil collection process. SECTION 13. As more fully set forth in the Interlocal Agreement for the Provision of Emergency 911 Services entered into by the City of Paducah and McCracken County, the 911 Board shall review the fee imposed by this Ordinance and by no later than April 1st of each year make a recommendation to the City of Paducah as to any adjustments to the then -effective parcel fee to ensure adequate funding of the Joint 911 services. SECTION 14. Unless otherwise determined by the Paducah Board of Commissioners, commencing April 1, 2025, and on April 1st of each successive year thereafter, all parcel fees set forth in this Article shall be automatically adjusted based on the Urban Consumer Price Index for the South Region as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the prior January. SECTION 15. The provisions of this Ordinance are declared to be severable. If any section, phrase or provision shall for any reason be declared invalid, such declaration shall not affect the validity of the remainder of this Ordinance. SECTION 16. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST: City Clerk Introduced by the Board of Commissioners, , 2024 Adopted by the Board of Commissioners, , 2024 Recorded by City Clerk, , 2024 Published by The Paducah Sun, , 2024 4859-4231-7447 Ce APPLICATION FOR OCCUPIED RESIDENTIAL RENTAL UNIT REBATE (Submit one form for each parcel containing one or multiple units) Name of Property Owner: Address of Property Owner Telephone Number of Property Owner: Name of Occupied Rental Property (if applicable) Address of Occupied Rental Property: Number of rental units located on this parcel: I hereby certify that the information contained herein is true: Signature of Property Owner Date THIS FORM MUST BE RECEIVED BY THE CITY'S FINANCE DEPARTMENT ON OR BEFORE MARCH 1, 2025 BY PERSONAL DELIVERY OR MAIL TO: Paducah City Hall Finance Department 300 South 5th Street Paducah, Kentucky 42001 7 Agenda Action Form Paducah City Commission Meeting Date: June 25, 2024 Short Title: Approve Section 8 Housing Choice Voucher Program FY25 Budget - LASICA McEWEN Category: Ordinance Staff Work By: Lasica McEwen Presentation By: Lasica McEwen Background Information: Pursuant to 24 CFR § 990.315 the Section 8 Housing Choice Voucher Program is required to submit approval of its annual operating budget to the US Department of Housing and Urban Development (HUD). The City Commission is the approving authority for the Section 8 budget. This action approves the annual operation budget for the Section 8 Housing Choice Voucher Program for Fiscal Year 2025 as attached. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. ORD Section 8 Budget FY 24-25 2. Resolution 892-24 Section 8 (003) ORDINANCE NO. 2024 - AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE PADUCAH KENTUCKY SECTION 8 HOUSING CHOICE VOUCHER PROGRAM FOR THE FISCAL YEAR JULY 1, 2024, THROUGH JUNE 30, 2025, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROGRAM WHEREAS, pursuant to 24 CFR § 990.315 the Section 8 Housing Choice Voucher Program is required to submit approval of its operating budget to the US Department of Housing and Urban Development (hereinafter "HUD"); and, WHEREAS, said annual operating budget must be approved by the Paducah City Commission. WHEREAS, the Board of Commissioners has reviewed the proposed Annual Operating Budget for the Paducah Section 8 Housing Choice Voucher Program and desires to adopt it for Fiscal Year 2025. NOW, THEREFORE, BE IT ORDAINED by the City of Paducah, Kentucky as follows: Section 1. The Annual Operating Budget for the Fiscal Year beginning July 1, 2024, and ending June 30, 2025, for the Section 8 Housing Choice Voucher Program as set forth in Exhibit A attached hereto is hereby adopted. Section 2. The provisions of this Ordinance are hereby declared to be severable, and if any section, phrase or provision shall for any reason be declared invalid, such declaration of invalidity shall not affect the validity of the remainder of this Ordinance. Section 3. All prior Municipal Orders or Ordinances or parts of any Municipal Order or Ordinance in conflict herewith are hereby repealed. Section 4. This ordinance shall be read on two separate days and will become effective upon publication in full pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, Adopted by the Board of Commissioners, Recorded by Claudia S. Meeks, Assistant City Clerk, Published by The Paducah Sun, ORD/FINBudget Section 8 FY24-25 Exhibit A Budget Section 8 Start Date 07/01/2024 TO 06/30/2025 Beginning Balance Estimate $ 298,875.00 YR end Balance ACCOUNT NAME ACCOUNT # Budget 12 MONTH ENDINGEXPENSE BALANCE NON -TECH Salaries 4110 $ 125,000.00 $ 125,000.00 Legal Fees 4130 $ 1,500.00 $ 1,500.00 Staff Training 4140 $ 5,000.00 $ 5,000.00 Travel Reimbursement Paid to staff 4150 $ 650.00 $ 650.00 Travel in Town 4150.1 $ 200.00 $ 200.00 Purchase New Vehicle 4150.4 $ - $ - Accounting Fees 4170 $ 7,800.00 $ 7,800.00 Audit Fees 4171 $ 5,000.00 $ 5,000.00 Employee Benefits 4182 $ 64,000.00 $ 64,000.00 Office Supplies 4190.01 $ 3,650.00 $ 3,650.00 Postage 4190.03 $ 2,500.00 $ 2,500.00 Printing 4190.07 $ 1,250.00 $ 1,250.00 Advertising 4190.08 $ 525.00 $ 525.00 Inspection Services 4190.09 $ 22,500.00 $ 22,500.00 Membership Dues/Fees 4190.12 $ 1,800.00 $ 1,800.00 Telephone 4190.13 $ 3,000.00 $ 3,000.00 Forms & Office Supplies 4190.17 $ 350.00 $ 350.00 Misc/Fees/Late Pymts/Pics 4190.18 $ 200.00 $ 200.00 Administrative Contracts/Wilson copy 4190.19 $ 8,500.00 $ 8,500.00 Sundry Computer under $2500 4190.21 $ 100.00 $ 100.00 Outside Management Fees 4195 $ 25,000.00 $ 25,000.00 Maintenance & Operation 4400 $ 925.00 $ 925.00 Automobile Insurance 4510.03 $ 925.00 $ 925.00 Extraordinary Maintenance 4610 $ 3,500.00 $ 3,500.00 Tem sPlus 4195 $ 15,000.00 $ 15,000.00 Total $ 298,875.00 - $ 298,875.00 RESOLUTION TO ADOPT FY 2025 OPERATING BUDGET/ SECTION 8 July 1, 2024 - June 30, 2025 BACKGROUND: HUD requires that the Board of Commissioners adopt an annual operating budget. This year we anticipate that Operating Subsidy will be funded at 95%. It is difficult to project revenue and expenses when dealing with developments that are 65+ years old and the uncertainty of Federal Funding and tenant rents. We have tried closely to match budgeted amounts with actual expenditures from the previous fiscal years and adjusted as we deemed prudent. ISSUE: We will continue to monitor the operating expenses and income closely throughout the year by meeting regularly with management personnel to review income and expenses. We do not propose reducing any existing staff salaries or benefits. F.*T*K#JkTW7i 0, -072W[6113 Approve the FY 2025 Operating Budget beginning July 1, 2024, and ending June 30; 2025. It is understood that this our best estimate and is subject to change based on our actual expenses and income. RESOLUTION NO. 892-24 BE IT RESOLVED THE BOARD OF COMMISSIONERS ACCEPTS THE .OPERATING BUDGET FOR FISCAL YEAR ENDING June 30, 2025 AS SUBMITTED. CERTIFICATE OF RECORDING OFFICER The undersigned, being the secretary to the Board of Commissioners of the Housing Authority of Paducah, does hereby certify that the foregoing resolution was approved and adopted by the Board of Commissioners at its special called meeting on June 11, 2024. • -• I . �iAnderson Executive Director