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HomeMy WebLinkAbout135-14 RESOLUTIONRESOLUTION NO. 135-14 A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH BALDWIN & SHELL CONSTRUCTION COMPANY FOR DEMOLITION AND MASS EXCAVATION SERVICES FOR THE SPRING STREET PARKING DECK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes an amendment to the contract with Baldwin & Shell Construction Company for demolition of the Walton Arts Center Administration offices and excavation of the site for the Spring Street Parking Deck. PASSED and APPROVED this 15'' day of July, 2014. ATTEST: By 6y . SONDRA E. SMITH, City Cierk/Trjffiurov,, ``y'�r C� *7; �.�y .• �1�Y pF•,�fG'„� FAYETTEVILLE* ' f sy''4' 'A NSP Jeremy Pate Submitted By City of Fayetteville Item Review Form 2014-0275 Legiistar File Number 07/15/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department Approval of a Contract Amendment with Baldwin & Shell for construction phase services of the Spring Street Municipal Parking Deck, to include site preparation, demolition and mass excavation only. Does this item have a cost? Yes Cost of this request 4560.9560.5804.00 Account Number 11028.1203 $6,639,754.60 Category or Project Budget $1,225,228.95 Funds Used to Date $5,414,525.65 Project Number Remaining Balance Budgeted Item? YeS Budget Adjustment Attached? �IJ Previous Ordinance or Resolution # 87-13 Original Contract Number: Comments: CA, ` I- � f,r -Se r` PI It � la�e, VA I Spring St. Parking Deck Program or Project Name Building Costs Program or Project Category Parking Deck Project Expenses Fund Name CITY OF T *,o I iAqS ARKANS MEETING OF JULY 16, 2014 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Jeremy Pate, Development Services Director DATE: June 19, 2014 SUBJECT: Spring Street Parking Deck -Amendment to the Contract with Baldwin and Shell for Site Preparation, Demolition, and Mass Excavation RECOMMENDATION: Staff recommends approval of a resolution to approve a contract amendment with Baldwin and Shell in the amount of $ for construction phase services related to demolition of the Walton Arts Center Administration offices and excavation for the Spring Street Parking Deck. BACKGROUND: The City of Fayetteville is constructing a parking deck in the downtown areafentertainment district on the northwest corner of School Avenue and Spring Street, adjacent to and southeast of the Walton Arts Center (WAC) facility. The objective is to relieve current parking shortfalls and to create supply in an area anticipated to see increased parking demand. Garver, LLC has led the design team for engineering and architectural services thus far on the project, coordinating with the City's team and in collaboration with the WAC and Boora Architects. Site Selection, Preliminary Design, Schematic Design and Project Development have all been completed, and final construction documents for the parking deck were delivered to Baldwin and Shell for advertising and bidding purposes in mid -June. In order to coordinate with the schedule of the design team for the Walton Arts Center, staff has created two phases of the project, with the first being Demolition and Excavation and the second being the balance of the project. We believe this will create some efficiencies and allow the project to begin earlier with necessary demolition and excavation for the parking deck. Baldwin and Shell was selected in April of 2013 to provided professional construction management services for this project. Services under the selection cover both preconstruction and construction phases of the work for the parking deck. A preconstruction phase service contract in the amount of $40,000 was awarded at that time, with the objective of providing the design team with detailed contractor perspective input, including cost estimating at various points of in the design process. It has been through this estimating service that the design team has been able to make informed design decisions to reduce cost in the overall project from initial estimates. The Construction Manager's fee of 5.5% of the construction cost was set in the initial contract, although the actual dollar amount cannot be identified until all bids are received. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Upon completion of all design work and when bids are received, a Guaranteed Maximum Price will be established, determined based upon the publicly opened bids received from subcontractors. This request is for an amendment to the original contract to actually perform the first phase of construction, encompassing demolition and excavation. A change order establishing the final Guaranteed Maximum Price will come forward once all other bids for the full project are received and final costs are negotiated. DISCUSSION: As staff has updated the Council on several occasions, cost estimates have consistently been higher than our initial budget established with the parking revenue bonds. There has been much time and effort put into cost estimating, design changes and overall systems evaluation to provide a project that meets the expectations of all involved. Staff has taken the input given from the Council and designed the deck structure to incorporate liner buildings at the south and east corners, in addition to the liner building along the north side of the deck that will house the Walton Arts Center offices and back -of -house space. We were able to accomplish most, but not all, requests of the Council, as we have discussed previously. The exterior elements that create the architectural interest of the fagade have only been improved, and our value engineering and design changes have focused on structural and interior systems and elements. When the full project has been bid and we understand what actual costs will be, the mayor and staff will present to the Council the range of funding options necessary to fund the project in full, if bid are indeed higher than the current budget as 1 reported to you that we anticipate at our last project budget update. The team has been able to reduce the cost by approximately $800,000 since that time, and we anticipate a bid day reduction as well. Ultimately we will consult with the City Council to determine our best options in providing this important piece of infrastructure for the future growth of our downtown cultural and arts entertainment area. With the final project bids will also be a contractual agreement with the Walton Arts Center for their share of the project being constructed. At this time staff is requesting the Council approve a contract amendment to allow for demolition and excavation, understanding that these are necessary construction items to begin the project. BUDGETISTAFF IMPACT: Funding for this first amendment of the contract is coming from parking revenue bond proceeds and parking funds budgeted for the project. Attachments: Draft Contract Amendment (AIA Document A133 Exhibit A) Purchase Order Request Resolution 87-13 2 RESOLUTION NO. A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH BALDWIN & SHELL CONSTRUCTION COMPANY FOR DEMOLITION AND MASS EXCAVATION SERVICES FOR THE SPRING STREET PARKING DECK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes an amendment to the contract with Baldwin & Shell Construction Company for demolition of the Walton Arts Center Administration offices and excavation of the site for the Spring Street Parking Deck. PASSED and APPROVED this 15t' day of July, 2014. APPROVED: Lo LIONELD JORDAN, Mayor ATTEST: al SONDRA E. SMITH, City Clerk/Treasurer NOTICE TO BIDDERS Sealed bids will be received on the Site Preparation, Demolition and Earthwork package for the SPRING STREET PARKING DECK in FAYETTEVILLE, ARKANSAS. The Construction Manager/General Contractor, Baldwin & Shell Construction Company, will receive sealed bids in the conference room of Garver located at 2049 E. Joyce Blvd., Suite 400, Fayetteville, Arkansas 72703. Bids shall be submitted before 2:00:00 pm, local time on Tuesday, July 8, 2014. Bids received after this time will not be accepted. Bids will be opened and read aloud immediately following the deadline. Bidders are instructed to review the Supplemental Information for Bidders furnished by the Construction Manager for a complete description of the bid package. Obtaining contract documents through any source other than the Construction Manager or their representative(s) is not advisable due to the risks of receiving incomplete or inaccurate information. Contract documents obtained through the Construction Manager or their representative(s) are considered the official versions and take precedence should any discrepancies occur. The official version of the complete set of the contract documents should be examined and are obtainable from Baldwin & Shell Construction Company, 593 Horsebarn Road, Ste. 100, Rogers, Arkansas 72758 (Phone: 479-845-1111; Fax : 479-845-1115) or Baldwin & Shell Construction Company, 1000 West Capitol, Little Rock, Arkansas 72201 (Phone: 501-374-8677; Fax: 501-375-7649). All Bid Proposals shall be submitted on a copy of the Bid Form provided in the Supplementary Information Packet. Bidders may photocopy these forms. The entire manual does not need to be submitted with the bids. Faxed Bid Proposals and Email Quotes will not be accepted. A 5% Bid Bond or Cashier's Check is required on bids that exceed $20,000. Bids must include the cost of Performance Bond and Payment Bond. Successful bidders will be required to furnish the Performance Bond and Payment Bond on Baldwin & Shell Construction standard bond forms of which samples are provided in the Supplemental Information for Bidders. Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the Arkansas Department of Labor shall be paid with a contract awarded amount of $75,000.00 or more. Bidders shall conform to the requirements of the Arkansas licensing laws and regulations for contractors, and shall be licensed before a bid is submitted. Both the Owner and Construction. Manager reserve the right to reject any and all bids, and to waive any formalities. Baldwin & Shell Construction Co. Construction Manager/General Contractor 593 HORSEBARN ROAD, SUITE 100 ROGERS, Arkansas 72758 Ad Dates: 06/23/14 and 06/30/14 June 19, 2014 Jeremy Pate City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Re;.Spring Street Parking Deck Dear Jeremy, Enclosures PT/If BALBMN&S GO N STR U CT ION' c q LL 593 Horsebarti Road, S:�ite '100 m Roasts, AR 72758 •479.845.1111;p, e VU45.1_ I i5(fj wwm"ldwinshfill-Celli, Document A133t 2009Exhibit Guaranteed Maximum Price Amendment for the following PROJECT: fXame and address or location) Site Preparation, Detnolition, and Mass Excavation Package for the Spring Street -Parking Deck 229 North School .Avenue Fayetteville. AR 72701 THE OWNER; (Name, legal status and address) 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 Auditions and Deletions-Reportthat notes added information as well as revisions to the standard form text is available from 'City of Fayetteville the author and should be reviewed. A 113 West Mountain verticalline in the leif margin,of this Fayetteville; Arkansas 72701 document indicates where the author has added necessary information THE CONSTRUCTION MANAGER: and Where the author has added to or (Name, legal status and address] deleted from the original AIA text. Baldwin & Shell Construction Company Ttlis cicicurilenthas important legal 593 Horsebarn Road, Suite l 00 consequences. Consultation with an Rogers, AR 72758 attorney is.encouraged with respect to its,corroetion or.modification. ARTICLE 4:1 AIA Document A201 *""-2007, § A.1.1 Guaranteed Maximum Price- General;Cendltions of Contract Pursuant to Section"2.2.6 of the Agreement, the Owner and Construction Manager hereby for Construction, is adopted in this amend the Agreement to establish a Guaranteed Ma�irnurn Price. As agreed :by the Owner document` by reference, Do not use and Construction Manager, the Guaranteed Maximurn.ftice is an amountthat the Contract With other general conditions unless Sum shall not exceed. The Contract Sum consists of theConstruction Manager's Fee plus this document is modified. the Cost of the Work, as that term is:,defined in Article 6 oftlisAgreemenG A:1.1.1 Th.e Contract Sulu is guaranteed by the Construction Manager not to exceed '($ ); subject to additions and deductions by Change Order as provided in the Contract Documents. A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Ma; imum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum.Price. (Provide below or reference an attachment) Refer to Attachment 'B" § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendinent; attach a schedule of such other alternates showing the .amount for each and the date when the amount expires ) None AIA Document A03"" - 2009 Exhibit A. Copyright* 1991. 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING. Thee AIA Doeurmrnt is protect by US. Copyright Lady and International Treat€e's, tinautitar€z reproduction or distribution of this Ale..'f30c€iment, or arty 1 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible undor the law. This'documentwas 7 produced by AIA software at 15:05:54 on 0611 W2014 under Order No.2266540055�l which expires on 0512212015, and is not for resale, User Notes: (1264078959) MR. § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify allowance and state exclusions; if aW from the allowance price) Refer to Attachment "A„ (Tahle deleted) 6 A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: Refer to Attachment "B" § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title irate Pages § A,1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Spect'fications.laere; or refer to an exhibit attached to this Agreement) Refer to Attachment " C" ( (Table deleted),_ § A.14.8 The.Guaranteed Maximum Price is based upon the following Drawings, (Either list the Drawings here, ar refer to an exhibit attached to this agreement.) k Refer to Aaachment "D„ j (Table,deletedj § A.1:1:9 The Guaranteed ..Maximum Price is basedl upon the following other docurnents'and information: {List argy:oiher docur,rents or information here, or refer to an exhibit:attached to this Agreement.) Refer to Attachment "A" ARTICLE A.2 § A.2.1 The anticipated date.:of Substantial Completion established by :this Amendment: will be established in aNot ice to Proceed CITY OF FAYETTEVILLE (Signature) BALDWIN & SHELL CONSTRUCTION COMPANY (Signature), Lioneld Jordan, Mayor Patrick Tenney, ATA, President (Primed name and 77tle). (Printed name and Title) ATTEST: ATTEST: Sondra Smith, City Clerk Leslie Faun, Administrative Assistant Document is protected by U.S. Copyright Low and interriation portion of it, may result its severe civil and criminal penalties, produced by AIA software at 16.05;54 on 06/1912014 under Order User Notes: d taproduction or distribution of this Aide Ocwumont, or any a the maximum od4nt possible under the 1 i. This dccumentwas expires on 06122/2015, and is not for resale. �1264078959) 2 RESOLUTION NO.87-13 A RESOLUTION AUTHORIZING A CONTRACT WITH BALDWIN & SHELL CONSTRUCTION COMPANY IN THE AMOUNT OF $40,000.00 FOR CONSTRUCTION MANAGEMENT SERVICES, APPROVING A $10,000.00 CONTINGENCY, AND APPROVING A CONTRACTOR'S FEE OF FIVE AND ONE-HALF PERCENT (5.5%) FOR CONSTRUCTION PHASED SERVICES ALL RELATED TO CONSTRUCTION OF THE DICKSON STREET ENTERTAINMENT DISTRICT PARKING FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes a contract with Baldwin & Shell Construction Company in the amount of $40,000.00 for construction management services, approves a $10,000.00 contingency, and approves a contractor's fee of five and one-half percent (5.5%) for construction phased services, all related to construction of the Dickson Street Entertainment District parking facility. PASSED and APPROVED this 16t' day of April, 2013. APPROVED: ATTEST: By:4 I. SONDRA E. SMITH, City Clerk/Treasurer Y, EAYETTEViLLE:�U, CD .�PjfRNSp.•.��.`�. •ca ����� T1*41�TioI�T111P To: Fayetteville City Council Thru: Mayor Lioneld Jordan CITY COUNCIL AGENDA MEMO MEETING DATE OF APRIL 16, 2013 Don Marr, Chief of Staff From: David Jurgens, Utilities Director Ir Date: March 29, 2013 Subject: Baldwin & Shell Parking Facility Con truction Management Contract for $40,000 RECOMMENDATION City Staff recommends approving a contract with Baldwin & Shell Construction Company, for $40,000, for construction management services for the Entertainment District parking facility with liner buildings, approving a $10,000 contingency, and approving a contractor's fee of 5.5% for construction phased services. The actual dollar cost of this fee will be determined when the specific construction cost is determined. BACKGROUND The City of Fayetteville is constructing a parking deck in the entertainment district, specifically on the northwest corner of School Avenue and Spring Street, adjacent to and southeast of the Walton Arts Center (WAC) facility. The objective is to relieve current parking shortfalls and allow for meeting increased parking demand in the area. The deck is expected to contain roughly 246 spaces. The Engineering and Architecture team led by Garver engineers is currently executing the parking deck design, in coordination with the City's team and collaboration with the Walton Arts Center and Boora Architects. The project includes removal and replacement of the existing WAC administration building. A request for qualifications for professional construction management services was published in February, 2013; ten statements of qualification (SOQ) were received. The selection committee, which included Alderman Gray and a representative from the Walton Arts Center, reviewed the SOQs and interviewed four firms, ultimately selecting Baldwin & Shell. Services under this selection will cover both preconstraction and construction phases of work for the Entertainment District parking deck This specific contract is for preconstruction phase services, with the objective of providing the design team with detailed contractor perspective input, specifically relating to construetability and construction cost estimating. The Construction Manager's fee of 5.5% of the construction cost is set in this initial contract, although the actual dollar cost cannot be identified until bids are received. The $40,000 counts towards and is part of the 5.5%. Upon completion of the design, the next phase of work — construction with a Guaranteed Maximum Price — will be determined based on the publicly opened bids received from subcontractors. An amendment to this contract is intended to be awarded to actually perform the construction. BUDGET IMPACT Funding is available within the project 11028, sourced from a combination of revenue bonds and parking funds. It is possible there will be a cost share from the Walton Arts Center. Baldwin shell Park Deck CCMerno Mar13 A0 �= Document A133" - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price ADDITIONS AND DELETIONS: AGREEMENT made as of the 16th day of April in the year 2013 The author of this document has (In words, indicate day, month and year.) added information needed for its completion. The author may also BETWEEN the City of Fayetteville: have revised the text of the original (Name, legal status and address) AIA standard form. An Additions and Deletions Report that notes added City of Fayetteville Information as well as revisions to the 113 W. Mountain standard form text is available from Fayetteville, Arkansas 72701 the author and should be reviewed. A vertical line in the left margin of this 113 W. Mountain document indicates where the author Fayetteville, Arkansas 72701 has added necessary information herein after referred to as the City of Fayetteville and where the author has added to or deleted from the original ALA Eext and the Baldwin &Shell Construction Company: (Name, legal status and address) This document has important legal consequences. Consultation with an Baldwin &Shell Construction Company attorney is encouraged with respect 593 Horsebarn Road, Ste 100 to its completion or modification. Rogers, Arkansas 72758 AIA Document A201 Tu 2007, General Conditions of the Contract for the following Project: for Construction, is adopted in this (Name and address or location) document by reference. Do not use With other general conditions unless City of Fayetteville Entertainment District Parking beck in the vicinity of South School this document is modified. Avenue & Spring Street, Fayetteville, Arkansas consisting of the Parking Deck, with Liner Buildings for the City of Fayetteville & Walton Arts Center j The Engineer: (Name, legal status and address) Garver, LLC. 2049 E. Joyce Blyd., Ste 400 Fayetteville, AR 72703 The City of Fayetteville's Designated Representative: (Name, address and other information) David Jurgens, P.E. Utilities Director 113 W. Mountain Fayetteville, AR 72701 479-575-8330 479-575-8257 fx AEA Document Al33T - 2009 (tormedy A121s^CMc-2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init WARNING: This APO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this me Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 15:4t:29 on 04/0112013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. User Notes: (163494462a) The Baldwin & Shell Construction Company's Designated Representative: (Name, address and other information) Mike Castagna Project Manager 593 Horsebarn Road, Ste. 100 Rogers, AR 72758 479-845-1111 479-845-1115 fic 479-644-9006 mob The Engineer's Designated Representative: (Name, address and other information) Ron Petrie, P.E. Senior Project Manager 2049 E. Joyce Blvd., Ste 400 Fayetteville, AR 72703 479-287-4630 479-527-9101ft The City of Fayetteville and Baldwin & Shell Construction Company agree as follows. AIA Document A133TM — 2009 (formerly A121 T"CMc — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. i InIL WARNING: This A10 Document is protected by U.S. Copyright Law and Intemational Treatles. Unauthorized reproduction or distribution of this AIAe 2 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. t This document was produced by AIA software at 15:41:29 on 0410112013 under Order No.3625291667 1 which expires on 08/1012013. and is not for resale. User Notes: (1634944628) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 BALDWIN & SHELL CONSTRUCTION COMPANY'S RESPONSIBILITIES 3 CITY OF FAYETTEVILLE'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTR€JCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 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 the 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. Upon the City of Fayetteville's acceptance of the Baldwin & Shell Construction Company's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Engineer and fumished by the City of Fayetteville as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Baldwin & Shell Construction Company accepts the relationship of trust and confidence established by this Agreement and covenants with the City of Fayetteville to cooperate with the Engineer and exercise the Baldwin & Shell Construction Company's skill and judgment in furthering the interests of the City of Fayetteville; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the City of Fayetteville's interests. The City of Fayetteville agrees to furnish or approve, in a timely manner, information required by the Baldwin & Shell Construction Company and to make payments to the Baldwin & Shell Construction Company in accordance with the requirements of the Contract Documents. Baldwin & Shell will exercise reasonable skill, care, and diligence in the performance of the Baldwin & Shell's services and will carry out its responsibilities in accordance with customarily accepted professional construction management practices. The City of Fayetteville will promptly report to Baldwin & Shell any defects or suspected defects in Baldwin & Shell's services of which the City of Fayetteville becomes aware, so that Baldwin & Shell can take measures to minimize the consequences of such a defect. The City of Fayetteville retains all remedies to recover for its damages caused by any negligence of Baldwin & Shell. AIA Document A133m — 2009 (formerly A121 mCIMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. inff' WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA° 3 Document, or any portion of 11, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. f This document was produced by AIA software at 11:25:40 on 04102l2013 under Order No.3625291867 1 which expires on 0811012013, and is notfor resale. User Notes: (794915699) § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201TM-2007, General Conditions of the Contract for Construction, Sul apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2007, which document is incorporated herein by reference. The term "Owner" as used in the A201-2007 shall mean The City of Fayetteville. The terms "Construction Manager" or "Contractor" as used in the A201-2007 shall mean Baldwin & Shell Construction Company. The term "Architect" as used in A201 2007 shall mean the Engineer. (paragraphs deleted) ARTICLE 2 BALDWIN & SHELL CONSTRUCTION COMPANY'S RESPONSIBILITIES The Baldwin & Shell Construction Company's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2,2. The Baldwin & Shell Construction Company's Construction Phase responsibilities are set forth in Section 2.3. The City ofFayetteville and Baldwin & Shell Construction Company may agree, in consultation with the Engineer for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Baldwin & Shell Construction Company shall identify a representative authorized to act on behalf of the Baldwin & Shell Construction Company with respect to the Project. § 2.1 Preconstruction Phase 2.1.1 The Baldwin & Shell Construction Company shall provide a preliminary evaluation of the City of Fayetteville's project, schedule and construction budget requirements, each in terms of the other. § 2.1,2 Consubtlon The Baldwin & Shell Construction Company shall schedule and conduct meetings with the Engineer and City of Fayetteville to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Baldwin & Shell Construction Company shall advise the City of Fayetteville and the Engineer on proposed site use and improvements, selection of materials, and building systems and equipment. The Baldwin & Shell Construction Company shall also provide recommendations consistent with the Project requirements to the City of Fayetteville and Engineer on constructability; availability of materials and Iabor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Baldwin & Shell Construction Company shall prepare and periodically update a Project schedule for the Engineer's review and the City of Fayetteville's acceptance. The Baldwin & Shell Construction Company shall obtain the Engineer's approval for the portion of the Project schedule relating to the performance of the Engineer's services. The Project schedule shall coordinate and integrate the Baldwin & Shell Construction Company's services, the Engineer's services, other City of Fayetteville consultants' services, and the City of Fayetteville's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the City of Fayetteville. § 2.1.4 Phased Constmetion The Baldwin & Shell Construction Company shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, or phased construction. The Baldwin & Shell Construction Company shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates § 2A.5.1 Based on the preliminary design and other design criteria prepared by the Engineer the Baldwin & Shell Construction Company shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Engineer's review and City of Fayetteville's approval. if the Engineer or Baldwin & Shell Construction Company suggests alternative materials and systems, the Baldwin & Shell Construction Company shall provide cost evaluations ofthose alternative materials and systems. AIA Document A133e4» 2009 (formerly A121 ° CAtc — 2003). Copyright @ 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init WARNIM This A10 Document Is protected by U.S. Copyright Lawand International Treaties. Unauthorized reproduction or distribution of this AIA® 4 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. t This document was produced byAIA software at 15:41:29 on 04101120113 under Order No.3625291867_7 which expires on 08110l2013, and is not for resale. User Notes: (1634944628) § 2.1.5 2 As the Engineer progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Baldwin & Shell Construction Company shall prepare and update., at appropriate intervals agreed to by the City of Fayetteville, Baldwin & Shell Construction Company and Engineer estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development ofthe design until such time as the City of Fayetteville and Baldwin & Shell Construction Company agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Engineer's review and the City of Fayetteville's approval. The Baldwin & Shell Construction Company shall inform the City of Fayetteville and Engineer when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Baldwin & Shell Construction Company and Suppliers 1 The Baldwin & Shell Construction Company shall develop bidders' interest in the Project. § 2.1.7 The Baldwin & Shell Construction Company shall prepare, for the Engineer's review and the City of Fayetteville's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Baldwin & Shell Construction Company shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. if the City of Fayetteville agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the City of Fayetteville shall procure the items on terms and conditions acceptable to the Baldwin & Shell Construction Company. Upon the establishment of the Guaranteed Maximum Price, the City ofFayetteville shall assign all contracts for these items to the Baldwin & Shell Construction Company and the Baldwin & Shell Construction Company shall thereafter accept responsibility for them. § 2.1.8 Extent of Responsibility The Baldwin & Shell Construction Company shall exercise reasonable care in preparing schedules and estimates. The Baldwin & Shell Construction Company, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Baldwin & Shell Construction Company is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Baldwin & Shell Construction Company shall promptly report to the Engineer and City of Fayetteville any nonconformity discovered by or made known to the Baldwin & Shell Construction Company as a request for information in such form as the Engineer may require. § 2.1.9 Notices and Compliance with Laws The Baldwin & Shell Construction Company shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the City of Fayetteville and the Baldwin & Shell Construction Company and in consultation with the Engineer, the Baldwin & Shell Construction Company shall prepare a Guaranteed Maximum Price proposal for the City of Fayetteville's review and acceptance. The Guaranteed Maximum Price in the proposal shall W the sum of the Baldwin & Shell Construction Company's estimate of the Cost ofthe Work, including contingencies described in Section 2.2.4, and the Baldwin & Shell Construction Company's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Engineer, the Baldwin & Shell Construction Company shall provide in the Guaranteed Maximum Price for such Anther development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. I§ 2.2.3 The Baldwin & Shell Construction Company shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; 2 A list of the clarifications and assumptions made by the Baldwin & Shell Construction Company in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the City of Fayetteville and contained in the Drawings and Specifications; AIA Document A7331m — 2009 (formerly A121T Mc — 2003). Copyright @ 1991, 2003 and 2009 by The American Institute of Archileds. All rights reserved. WARNING: This A10 noeument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 5 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 produced by AIA software at 16:41:29 on OV0112013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. User Notes: (1634944628) .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Baldwin & Shell Construction Company's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the City of Fayetteville must accept the Guaranteed Maximum Price. § 2,2.r1 In preparing the Baldwin & Shell Construction Company's Guaranteed Maximum Price proposal, the Baldwin & Shell Construction Company shall include its contingency for the Baldwin & Shell Construction Company's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Baldwin & Shell Construction Company shall meet with the City of Fayetteville and Engineer to review the Guaranteed Maximum Price proposal. In the event that the City of Fayetteville and Engineer discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Baldwin & Shell Construction Company, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6Ifthe City of Fayetteville notifies the Baldwin & Shell Construction Company that the City of Fayetteville has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Baldwin & Shell Construction Company. Following acceptance of a Guaranteed Maximum Price, the City of Fayetteville and Baldwin & Shell Construction Company shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the City of Fayetteville shall provide to the Engineer. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Baldwin & Shell Construction Company shall not incur any cost to be reimbursed as part ofthe Cost of the Work prior to the commencement of the Construction Phase, unless the City of Fayetteville provides prior written authorization for such costs. § 2.2.0 The City of Fayetteville shall authorize the Engineer to provide the revisions to the Drawings and Specifications to incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The City of Fayetteville shall promptly furnish those revised Drawings and Specifications to the Baldwin & Shell Construction Company as they are revised. The Baldwin & Shell Construction Company shall notify the City ofFayetteville and Engineer of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Baldwin & SheIl Construction Company shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Baldwin & Shell Construction Company that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 2.3 Construction Phase § 2.&1 General § 2.&1.1 For purposes of Section S.1.2 of A201-2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the City of Fayetteville's acceptance of the Baldwin & Shell Construction Company's Guaranteed Maximum Price proposal or the City of Fayetteville's issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Baldwin & Shell Construction Company does not customarily perform with the Baldwin & Shell Construction Company's own personnel shall be performed under subcontracts or by other appropriate agreements with the Baldwin & Shell Construction Company. The City of Fayetteville may designate specific persons from whom, or entities from which, the Baldwin & Shell Construction Company shall obtain bids. The Baldwin & Shell Construction Company shall obtain bids from Subcontractors and from suppliers of materials or AIA Document A133m —2002 (formerly A121T"CMc-2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects, All rights reserved. Ink WARNING: This AIA® Document Is protected by V.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 tothe maximum extent possible under the law. This document was produced byAlA software at 15:41:29 on 0410112013 under order No.3625291867 1 which expires on 0811012013, and is not for resale. User Notes: (16349446281 equipment fabricated especially for the Work and shall deliver such bids to the Engineer. The City of Fayetteville shall then determine, with the advice of the Baldwin & Shell Construction Company and the Engineer, which bids will be accepted. The Baldwin & Shell Construction Company shall not be required to contract with anyone to whom the Baldwin & Shell Construction Company has reasonable objection. § 2.3.2.2 Ifthe Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the City of Fayetteville by the Baldwin & Shell Construction Company, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the City ofFayetteville requires that another bid be accepted, then the Baldwin & Shell Construction Company may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the City of Fayetteville by the Baldwin & Shell Construction Company and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the City of Fayetteville. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the City of Fayetteville. if the Subcontract is awarded on a cost-plus a fee basis, the Baldwin & Shell Construction Company shall provide in the Subcontract for the City of Fayetteville to receive the same audit rights with regard to the Subcontractor as the City of Fayetteville receives with regard to the Baldwin & Shell Construction Company in Section 6.11 below. § 2.3.2.41f the Baldwin & Shell Construction Company recommends a specific bidder that may be considered a "related party" according to Section 6.10, then the Baldwin & Shell Construction Company shall promptly notify the City of Fayetteville in writing of such relationship and notify the City of Fayetteville of the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 The Baldwin & Shell Construction Company shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Baldwin & Shell Construction Company shall prepare and promptly distribute minutes to the City of Fayetteville and Engineer. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Baldwin & Shell Construction Company shall prepare and submit to the City of Fayetteville and Engineer a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201-2007. § 2.3.2.7 The Baldwin & SheIl Construction Company shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the City of Fayetteville, the Baldwin & Shell Construction Company shall submit written progress reports to the City of Fayetteville and Engineer, showing percentages of completion and other information required by the City of Fayetteville. The Baldwin & Shell Construction Company shall also keep, and make available to the City of Fayetteville and Engineer., a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the City of Fayetteville. § 2.3.2.8 The Baldwin & Shell Construction Company shall develop a system of cost control for the Work, including regular monitoring ofactual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Baldwin & Shell Construction Company shall identify variances between actual and estimated costs and report the variances to the City of Fayetteville and Engineer. and shall provide this information in its monthly reports to the City of Fayetteville and Engineer, in accordance with Section 2.3.17 above. § 2.4 Professional Services Section 3.12.10 ofA201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.6 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 CITY OF FAYETTEVILLE'S RESPONSIBILITIES § 3.1 Information and Services Required of the City of Fayetteville § 3.1.1 The City of Fayetteville shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written pmgram which shall set forth the City of Fayetteville's objectives, AIA Document A133TM —2009 (formerly At21 mCMc— 2003). Copyright @ 1991. 2003 and 2009 by The American Institute of Architects. All rights reserved. Init WARMING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AEA® Document, orany portlon 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 produced by AIA software at 15.41:29 on 04/01/2013 under Order No.3625291867 1 which expires on 0811012013, and Is niter resale. User Notes: (1634944628) constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Baldwin & Shell Construction Company may request in writing that the City of Fayetteville provide reasonable evidence that the City of Fayetteville has made financial arrangements to fulfill the City of Fayetteville's obligations under the Contract. Thereafter, the Baldwin & Shell Construction Company may only request such evidence if (1) the City of Fayetteville fails to make payments to the Baldwin & Shell Construction Company as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Baldwin & Shell Construction Company identifies in writing a reasonable concern regarding the City of Fayetteville's ability to make payment when due. The City of Fayetteville shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the City of Fayetteville furnishes the evidence, the City of Fayetteville shall not materially vary such financial arrangements without prior notice to the Baldwin & Shell Construction Company and Engineer. § 3.1.3 The City of Fayetteville shall establish and periodically update the City of Fayetteville's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the City of Fayetteville's other costs, and (3) reasonable contingencies related to all of these costs. if the City of Fayetteville significantly increases or decreases the City of Fayetteville's budget for the Cost ofthe Work, the City of Fayetteville shall notify the Baldwin & Shell Construction Company and Engineer. The City of Fayetteville and the Engineer in consultation with the Baldwin & Shell Construction Company, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the City of Fayetteville shall furnish the following information or services with reasonable promptness. The City of Fayetteville shall also furnish any other information or services under the City ofFayetteville's control and relevant to the Baldwin & Shell Construction Company's performance of the Work with reasonable promptness after receiving the Baldwin & Shell Construction Company's written request for such information or services. The Baldwin & Shell Construction Company shall be entitled to rely on the accuracy of information and services furnished by the City of Fayetteville but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The City ofFayetteville shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 3.1.4.2 The City of Fayetteville 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 surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to aProject benchmark. § 3.1.4.3 The City of Fayetteville, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, the City of Fayetteville shall furnish information or services required of the City of Fayetteville by the Contract Documents with reasonable promptness. The City of Fayetteville shall also furnish any other information or services under the City of Fayetteville's control and relevant to the Baldwin & Shell Construction Company's performance of the Work with reasonable promptness after receiving the Baldwin & Shell Construction Company's written request for such information or services. Init AIA Document A733n — 2009 (formedy A121 mCMc — 2003). Copyright 01991. 2003 and 20M byThe American institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this Ale 8 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 produced byAlA software at 15:41:29 on 04f0112013 under Order No.3625291867_1 which expires on 0811012013, and is not for resale. User Notes: (1634944628) § 3.2 City of Fayettaltille's Designated Representative The City of Fayetteville shall identify a representative authorized to act on behalf of the City of Fayetteville with respect to the Project. The City of Fayetteville's representative shall render decisions promptly and famish information expeditiously, so as to avoid unreasonable delay in the services or Work ofthe Baldwin & Shell Construction Company. Except as otherwise provided in Section 4.2.1 of A201 2007, the Engineer does not have such authority. The term "Owner" as used in the A201-2007 means the City of Fayetteville or the City of Fayetteville's authorized representative. § 3.2.1 Legal Requirements. The City of Fayetteville shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the City of Fayetteville's needs and interests. § 3.3 Engineer The City of Fayetteville shall retain an Engineer to provide services, duties and responsibilities as described in AlA Document B103T---2007, Standard Form of Agreement Between City of Fayetteville and Engineer including any additional services requested by the Baldwin & Shell Construction Company that are necessary for the Preconstruction and Construction Phase services under this Agreement. The City of Fayetteville shall provide the Baldwin & Shell Construction Company a copy of the executed agreement between the City of Fayetteville and the Engineer and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation. § 4.1.1 For the Baldwin & Shell Construction Company's Preconstruction Phase services, the City of Fayetteville shall compensate the Baldwin & Shell Construction Company as follows: § 4.1.2 For the Baldwin & Shell Construction Company's Preconstruction Phase services described in Sections 2.1 and 2.2, (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable) A lump sum amount of $40,000 § 4.1.3 if the Preconstruction Phase services covered by this Agreement have not been completed within six ( 6 ) months ofthe date of this Agreement, through no fault of the Baldwin & Shell Construction Company, the Baldwin & Shell Construction Company's compensation for Preconstruction Phase services shall be equitably adjusted. § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Baldwin & Shell Construction Company's personnel providing Preconstruction Phase services on the Project and the Baldwin & Shell Construction Company's costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable upon presentation of the Baldwin & Shell Construction Company's invoice. Amounts unpaid twenty-five (25 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Baldwin & Shell Construction Company. (Insert rate of monthly or annual interest agreed upon) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Baldwin & Shell Construction Company's performance of the Work as described in Section 2.3, the City of Fayetteville shall pay the Baldwin & Shell Construction Company the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Baldwin & Shell Construction Company's Fee. 1 § 5.1.1 The Baldwin & Shell Construction Company's Fee: (nit AIA Document A1331" — 2009 (formerly A721 ° CW — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Archdects. All rights reserved. WARNING: This A10 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 9 Document, orany portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced byAlA software at 15:41:29 on 04101/2013 under Order No.3625291867_1 which expires on D8110120113, and is nottor resale. User Notes: (1834944628) (State a lump sum, percentage of Cost of the Work or other provision for determining the Baldwin & Shell Construction Company's Fee) The Construction Phase Services fee shall be calculated at the time the Guarantee Maximum Price is established by taking the total estimated cost of the work for the entire project, including costs incurred during the pre -construction phase ofthe project as defined in Sections 2.1.1 through 2.1.9 and further defined in Sections 6.1.1 through 6.7.4 and then applying a five and one half percent (5 'h) to the total estimated cost. The fee will then be converted to a lump sum amount less the Precontruction Phase fee of $40,000 defined in 4.1.2. The lump sum fee will not be reduced based on savings in cost or reduction of scope by change order. I § 5.1.2 The method of adjustment of the Baldwin & Shell Construction Company's Fee for changes in the Work: All additive change order work shall carry a five and one half percent (5-1/2%) fee § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: As defined the the Project Manual Supplementary Conditions § 5.1.4 Rental rates for Baldwin & Shell Construction Company -owned equipment shall not exceed eight -five percent ( 85 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (ident6 and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) item Units and.Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Baldwin & ShelI Construction Company guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Baldwin & Shell Construction Company shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the City of Fayetteville. (Insert speck provisions if the Baldwin & Shell Construction CompmW is to participate in any savings) I All savings shall accrue one hundred percent (100%) to the City of Fayetteville § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The City of Fayetteville may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The City of Fayetteville shall issue such changes in writing. The Engineer may make minor changes in the Work as provided in Section 7.4 of AIA Document A201-2007, General Conditions of the Contract for Construction. The Baldwin & Shell Construction Company shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201 2007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the City of Fayetteville's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A20I 2007 and the term "casts" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A1331 — 2009 (formerly A121 mCMc — 2003). Copyright 01991, 2003 and 2009 by The American institute of Architects. All rights reserved. lnit WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 10 Document, or any portion of It, may result In severe civil and criminal penalties, and wail be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 15:41:29 on 04/0112013 under Order No.9625291867-1 which expires on 0811012013, and Is not for resale. User Notes: (16M44628) AIA Document A201--2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the City of Fayetteville's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3A In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document A2012007 shall mean the Cost ofthe Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Baldwin & Shell Construction Company's Fee as defined in Section 5.1 of this Agreement. § 6.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Baldwin & Shell Construction Company's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the City of Fayetteville or Baldwin & Shell Construction Company, the Baldwin & Shell Construction Company's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6A Costs to Be Reimbursed § 6.1.1 The term Cost ofthe Work shall mean costs necessarily incurred by the Baldwin & Shell Construction Company in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the City of Fayetteville. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the City of Fayetteville's prior approval, the Baldwin & Shell Construction Company shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Baldwin & Shell Construction Company to perform the construction of the Work at the site or, with the City of Fayetteville's prior approval, at off -site workshops. § 6.2.2 Wages or salaries of the Baldwin & Shell Construction Company's supervisory and administrative personnel when stationed at the site with the City of Fayetteville's prior approval. (If it is intended that the wages or salaries of certain personnel. stationed at the Baldwin & Shell Construction Company's principal or other offices shall be included in the Cost of the Work identify in Section II.5, the personnel to be included, whetherfor all or only part of their time, and the rates at which their time will be charged to the Work.) § 6.2.3 Wages and salaries ofthe Baldwin & Shell Construction Company's supervisory or administrative personnel engaged at factories, workshops, jobsite or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Baldwin & Shell Construction Company for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Baldwin & Shell Construction Company or paid to any Baldwin & Shell Construction Company or vendor, with the City of Fayetteville's prior approval. § 6.3 Subcontract Costs Payments made by the Baldwin & Shell Construction Company to Subcontractors in accordance with the requirements of the subcontracts. AIA Doeument A1133TM -- 2009(formerly A121" CiNe— 2003). Copyright 01991. 2003 and 2009 by The American Institute of Arehilecls. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Lawand International Treaties. Unauthorized reproduction or distribution or this AW 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. 1 This document was produced by AIA software at 15:41:29 on 04/01/2013 under Order No.3625291867_i which expires on 08/1012013, and is not for resale. Userhotes: (1634944628) § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of these actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the City of FayettevilWs property at the completion of the Work or, at the City of Fayetteville's option, shall be sold by the Baldwin & Shell Construction Company. Any amounts realized from such sales shall be credited to the City of Fayetteville as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs oftransportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Baldwin & Shell Construction Company at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Baldwin & Shell Construction Company shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Baldwin & Shell Construction Company at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Baldwin & Shell Construction Company -owned item may not exceed the purchase price of any comparable item. Rates of Baldwin & Shell Construction Company -owned equipment and quantities of equipment shall be subject to the City of Fayetteville's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Baldwin & Shell Construction Company's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. I§ 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the City of FayetteviIle's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the City ofFayetteville's prior approval. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Baldwin & Shell Construction Company is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Baldwin & Shell Construction Company is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement ofthe Contract Documents; and payments made in accordance with legal judgments against the Baldwin & Shell Construction Company resulting from such suits or claims and payments of settlements made with the City of Fayetteville's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the AIA Document A1331m — 20D9 (formeriy A121 TMCMc — 2003). Copyright @ 1991, 2003 and 2009 by The American institute of Architects. All rights reserved. tart WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 12 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 produced by AIA software at 15:41:29 on D4101l2013 under Order No.3625291867 1 which expires on 08f 1012013, and is not for resale. User Notes: (1634944628) calculation of the Baldwin & Shell Construction Company's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201 2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, mobile phones, internet, electronic data transfer costs, office supplies, data processing, etc. directly related to the Work with the City of Fayetteville's prior approval. § 6.6.7 Deposits lost for causes other than the Baldwin & Shell Construction Company's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the City of Fayetteville and Baldwin & Shell Construction Company, reasonably incurred by the Baldwin & Shell Construction Company after the execution of this Agreement in the performance of the Work and with the City of Fayetteville's prior approval, which shall not be unreasonably withheld. § 6.6.9 Subject to the City ofFayetteville's prior approval, expenses incurred in accordance with the Baldwin & Shell Construction Company's standard written personnel policy for relocation and temporary living allowances of the Baldwin & Shell Construction Company's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance ofthe Work it and to the extent, approved in advance in writing by the City of Fayetteville. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201 2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Baldwin & Shell Construction Company, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Baldwin & Shell Construction Company and only to the extent that the cost of repair or correction is not recovered by the Baldwin & Shell Construction Company from insurance, sureties, Subcontractors, suppliers, or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Baldwin & Shell Construction Company to pay such costs, unless such costs are excluded by the provisions of Section 6_8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Baldwin & Shell Construction Company's personnel stationed at the Baldwin & Shell Construction Company's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Baldwin & Shell Construction Company's principal office and offices other than the site office with the exception of costs provided by principal office to jobsite as defined in Section 6.6.6 above ; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Baldwin & Shell Construction Company's capital expenses, including interest on the Baldwin & Shell Construction Company's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Baldwin & Shell Construction Company, Baldwin & Shell Construction Company and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the City of Fayetteville, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruetion Phase. lnit AIA Document A133' — 2009 (formerly A121 TA1CNIc — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 13 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible anderthe law. f This document was produced byAIA software at 16:41:29 on 04I01I2013 under Order No.3626291867 1 which expires on 081=013, and is notior resale. UserNates: (1634944628) § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Baldwin & Shell Construction Company shall accrue to the City ofFayetteville if(l) before making the payment, the Baldwin & Shell Construction Company included them in an Application for Payment and received payment from the City of Fayetteville, or (2) the City of Fayetteville has deposited funds with the Baldwin & Shell Construction Company with which to make payments; otherwise, cash discounts shall accrue to the Baldwin & Shell Construction Company. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the City of Fayetteville, and the Baldwin & Shell Construction Company shall make provisions so that they can be obtained. § 6.9.2 Amounts that accrue to the City of Fayetteville in accordance with the provisions of Section 6.9.1 shall be credited to the City of Fayetteville as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Baldwin & Shell Construction Company; any entity in which any stockholder in, or management employee of, the Baldwin & Shell Construction Company owns any interest in excess of ten percent in the aggregate, or any person or entity which has the right to control the business or affairs of the Baldwin & Shell Construction Company. The term "related party' includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Baldwin & Shell Construction Company and a related party, the Baldwin & Shell Construction Company shall notify the City of Fayetteville of the specific nature ofthe contemplated transaction, including the identity ofthe related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the City of Fayetteville, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Baldwin & Shell Construction Company shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to theterms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. Ifthe City of Fayetteville faits to authorize the transaction, the Baldwin & Shell Construction Company shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 0.11 Accounting Records The Baldwin & Shell Construction Company shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to_ substantiate all costs incurred. The accounting and control systems shall be satisfactory to the City of Fayetteville. The City of Fayetteville and the City of Fayetteville's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Baldwin & Shell Construction Company's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Baldwin & Shell Construction Company shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. Baldwin & Shell Construction Company shall track costs related to separate funding sources as directed by the City of Fayetteville in order to comply with requirements of state and local law and regulations, bond covenant requirement, and to track cost of components of cost shares as may occur. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Engineer by the Baldwin & Shell Construction Company arid Certificates for Payment issued by the Engineer the City of Fayetteville shall make progress payments on account ofthe Contract Sum to the Baldwin & Shell Construction Company as provided below and elsewhere in the Contract Documents. § 7.1.2 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 A133Te — 2009 (formerly A121MCMc — 2003). Copyright @ 1991, 2003 and 2009 byThe American Institute of Architeds. All rights reserved. WARNING, This AW Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 14 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. f This document was produced byAlA software at 1&41:29 on 04101/2013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. User Notes: (1634944628) § 7.1.3 Provided that an Application for Payment is received by the Engineer not later than the 25th day of a month, the City of Fayetteville shall make payment of the certified amount to the Baldwin & Shell Construction Company not later than the 15th day of the fallowing month. If an Application for Payment is received by the Engineer after the application date fixed above, payment shall be made by the City of Fayetteville not later than twenty-one (21 ) days after the Engineer receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 7.1.4 With each Application. for Payment, the Baldwin & Shelf Construction Company shall, upon request by the City of Fayetteville or the Engineer, submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the City of Fayetteville: or Engineer to demonstrate that cash disbursements already made by the Baldwin & Shell Construction Company on account of the Cost of the Work equal or exceed progress payments already received by the Baldwin & Shell Construction Company, less that portion of those payments attributable to the Baldwin & Shell Construction Company's Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Baldwin & Shell Construction Company in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Baldwin & Shelf Construction Company's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Baldwin & Shell Construction Company's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Baldwin & Shell Construction Company on account of that portion of the Work for which the Baldwin & Shell Construction Company has made or intends to make actual payment prior to the next Application for Payment by (b) the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the City of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the City of Fayetteville, suitably stored off the site at a location agreed upon in writing; .3 Add the Baldwin & Shell Construction Company's Fee, less retainage of five percent (5 %). The Baldwin & Shell Construction Company's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, ifthe Baldwin & Shell Construction Company's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5 %) from that portion of the Work that the Baldwin & Shell Construction Company self -performs; .5 Subtract the aggregate of previous payments made by the City of Fayetteville; .6 Subtract the shortfall, if any, indicated by the Baldwin & Shell Construction Company in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the City of Fayetteville's auditors in such documentation; and .7 Subtract amounts, if any, for which the Engineer, has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 7.1.8 The City of Fayetteville and Baldwin & Shell Construction Company shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Baldwin & Shell Construction Company and (2) the tuft AIA Document Af 33TM — 2009 (formerly Af 21 TMCMo — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document Is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIA® 13 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. i This document was produced byAlA software at 16:41:29 on 04/01/2013 under Order No.3025291867 1 which expires on 0811012013, and is no for resale. User Notes: (1634944628) percentage of retainage held on Subcontracts, and the Baldwin & Shell Construction Company shall execute subcontracts in accordance with those agreements. § 7.1.9 Except with the City of Fayetteville's prior approval, the Baldwin & Shell Construction Company shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 1.1.10 In taking action on the Baldwin & Shell Construction Company's Applications for Payment, the Engineer shall be entitled to rely on the accuracy and completeness of the information furnished by the Baldwin & Shell Construction Company and shall not be deemed to represent that the Engineer has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Engineer has made exhaustive or continuous on -site inspections; or that the Engineer has made examinations to ascertain how or fDr what purposes the Baldwin & Shell Construction Company has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the City of Fayetteville, will be performed by the City of Fayetteville's auditors acting in the sole interest of the City of Fayetteville. § 7.2 Final Payment § 1.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the City of Fayetteville to the Baldwin & Shell Construction Company when .1 the Baldwin & Shell Construction Company has fully performed the Contract except for the Baldwin & Shell Construction Company's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Baldwin & Shell Construction Company has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Engineer. The City of Fayetteville's final payment to the Baldwin & Shell Construction Company shall be made no later than 30 days after the issuance of the Engineer's final Certificate for Payment, or as follows: § 7.2.2 The City of Fayetteville's auditors will review and report in writing on the Baldwin & Shell Construction Company's final accounting within 30 days after delivery of the final accounting to the Engineer by the Baldwin & Shell Construction Company. Based upon such Cost of the Work as the City of Fayetteville's auditors report to be substantiated by the Baldwin & Shell Construction Company's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Engineer will, within seven days alter receipt of the written report of the City of Fayetteville's auditors, either issue to the City of Fayetteville a final Certificate for Payment with a copy to the Baldwin & Shell Construction Company, or notify the Baldwin & Shell Construction Company and City of Fayetteville in writing of the Engineers reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201 2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201 2007. The Engineer is not responsible for verifying the accuracy of the Baldwin & Shell Construction Company's final accounting. § 1.2.3 Ifthe City of Fayetteville's auditors report the Cost of the Work as substantiated by the Baldwin & Shell Construction Company's final accounting to be less than claimed by the Baldwin & Shell Construction Company, the Baldwin & Shell Construction Company shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A20I--2007. A request for mediation shall be made by the Baldwin & Shell Construction Company within 30 days after the Baldwin & Shell Construction Company's receipt of a copy of the Engineer's final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the City of Fayetteville's auditors becoming binding on the Baldwin & Shell Construction Company. Pending a final resolution of the disputed amount, the City of Fayetteville shall pay the Baldwin & Shell Construction Company the amount certified in the Engineer's final Certificate for Payment. § 7.2.4 If, subsequent to final payment and at the City of Fayetteville's request, the Baldwin & Shell Construction Company incurs costs described in Section 6.I.I and not excluded by Section 6.8 to correct defective or nonconforming Work, the City of Fayetteville shall reimburse the Baldwin & Shell Construction Company such costs and the Baldwin & Shell Construction Company's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Baldwin & Shell AIA Document A733TM — 2000 (formerly A121TMCfille — 2008). Copyright* 1991, 2003 and 2009 by The American Inslitute of Architects. All rights reserved. Init. WARNING: This A10 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 16 Document, or any portlon 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 produced by AIA software at 15:41:29 on 04101/2013 under Order No.3625291567_1 which expires on 0811012013, and Is not for resale. User Notes: (1634944628) Construction Company has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the City of Fayetteville in determining the net amount to be paid by the City of Fayetteville to the Baldwin & Shell Construction Company. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project the Baldwin & Shell Construction Company and the City of Fayetteville shall purchase and maintain insurance, and the Baldwin & Shell Construction Company shall provide bonds as set forth in Article 11 of AIA Document A201 2007. (State bonding requirements, if any, and limits of liability for insurance required in Article II of AL4 Document A201 2007.) Type of Insurance or Bond Limit of liability or Bond Amount ($0.00) Performance and Payment Bonds One -hundred percent (100%) of the Guaranteed Maximum Price ARTICLE 9 DISPUTE RESOLUTION §. 9.1 Any Claim between the City of Fayetteville and Baldwin & Shell Construction Company shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 ofA201-2007. However, for Claims arising from or relating to the Baldwin & Shell Construction Company's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201 2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the City of Fayetteville and Baldwin & Shell Construction Company do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litlgatio4 Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Spec) § 9.3Initial Decision Maker The Engineer will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 2007 for Claims arising from or relating to the Baldwin & Shell Construction Company's Construction Phase services, unless the parties appoint below another individual, not a party to the 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, 1 other than the Engineer.) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the City of Fayetteville may terminate this Agreement upon not less than seven days' written notice to the Baldwin & Shell Construction Company for the City of Fayetteville's convenience and without cause, and the Baldwin & Shell Construction Company may terminate this Agreement, upon not less than seven days' written notice to the City of Fayetteville, for the reasons set forth in Section 14.1.1 of A201 2007. Init. AIA Document At33 - 2009 (formerly A121TM CMc — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Ate Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistrtbutlon of this AIA® 17 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent posslbte underthe taw. t This document was produced by AIA software at 15;41:29 on 04101/2013 under Order No.3625291867 1 which expires on 08110/2013, and is not for resale. User Notes: (1634944628) § 10.1.2 in the event oftermination of this Agreement pursuant to Section 10.1.1, the Baldwin & Shell Construction Company shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Baldwin & Shell Construction Company's compensation under this Section exceed the compensation set forth in Section 4.1. § 10.1.3 If the City of Fayetteville terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximtnn Price Amendment, the City of Fayetteville shall pay to the Baldwin & Shell Construction Company an amount calculated as follows, which amount shall be in addition to any compensation paid to the Baldwin & Shell Construction Company under Section 10.1.2: .1 Take the Cost of the Work incurred by the Baldwin & Shell Construction Company to the date of termination; .2 Add the Baldwin & Shell Construction Company's Fee computed upon the Cost ofthe Workto the date oftermination at the rate stated in Section 5.1 or, if the Baldwin & Shell Construction Company's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the City of Fayetteville for Construction Phase services. The City of Fayetteville shall also pay the Baldwin & Shell Construction Company fair compensation, either by purchase or rental at the election of the City of Fayetteville, for any equipment owned by the Baldwin & Shell Construction Company which the City of Fayetteville elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the City of Fayetteville elects to take legal assignment of subcontracts and purchaseorders (including rental agreements), the Baldwin & Shell Construction Company shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Baldwin & Shell Construction Company, as the City of Fayetteville may require for the purpose of fully vesting in the City of Fayetteville the rights and benefits of the Baldwin & Shell Construction Company under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Baldwin & Shell Construction Company will contain provisions allowing for assignment to the City of Fayetteville as described above. If the City of Fayetteville accepts assignment of subcontracts, purchase orders or rental agreements as described above, the City of Fayetteville will reimburse or indemnify the Baldwin & Shell Construction Company for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost ofthe Work if the contract had not been terminated. Ifthe City of Fayetteville chooses not to accept assignment ofany subcontract, purchase order or rental agreement that would have constituted a Cost ofthe Work had this agreement not been terminated, the Baldwin & Shell Construction Company will terminate the subcontract, purchase order or rental agreement and the City of Fayetteville will pay the Baldwin & Shell Construction Company the costs necessarily incurred by the Baldwin & Shell Construction Company because of such termination. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201-2007. § 10.2.1 If the City of Fayetteville terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Baldwin & Shell Construction Company pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Baldwin & Shell Construction Company would otherwise have received pursuant to Sections 10.1.2 and 10,1.3 of this Agreement. § 10.2.2 if the Baldwin & Shell Construction Company terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Baldwin & Shell Construction Company under Section 14.1.3 ofA201-2007 shall not exceed the amount the Baldwin & Shell Construction Company would otherwise have received under Sections 10.1.2 and 10.1.3 above, except that the Baldwin & Shell Construction Company's Fee shall be calculated as ifthe Work had been fully completed by the Baldwin & Shell Construction Company, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. (n AIA Document A133TM — 2009 (formerly A121 °NCMe — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AW Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution or this AIA® ,la Document, orany portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 15:41:29 on 0410112013 under Order No.3625291867_i which expires on 08/10/2013, and is notfor resale. UserNotes: (1634944628) § 10.3 Suspension The Work may be suspended by the City of Fayetteville as provided in Article 14 of AIA Document A201 2007. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007, except that the term "profit" shall be understood to mean the Baldwin & Shell Construction Company's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201 2007. § f1.2 City of Fayetteville and Use of Documents Section 1.5 of A201--2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The City of Fayetteville and Baldwin & Shell Construction Company, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the City of Fayetteville nor the Baldwin & Shell Construction Company shall assign this Agreement without the written consent of the other, except that the City of Fayetteville may assign this Agreement to a lender providing financing for the Project i€the lender agrees to assume the City of Fayetteville's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201-2007, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either patty attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: § 11.5.1 Solid Waste Services. Solid Waste Services shall be obtained from the City of Fayetteville Solid Waste Division, at Baldwin & Shell's expense, unless such services cannot be provided by the City of Fayetteville Solid Waste Division. § 11.5.2 Computer Models. Baldwin & Shell may use or modify Baldwin & Shell's proprietary computer models in service of City of Fayetteville under this agreement, or Baldwin & Shell may develop computer models during Baldwin & Shell's service to City of Fayetteville under this agreement. Such use, modification, or development by Baldwin & Shell does not constitute a license to City of Fayetteville to use or modify Baldwin & Shell's computer models. Said proprietary computer models shall remain the sole property of Baldwin & ShelI. City of Fayetteville and Baldwin & Shell will enter into a separate license agreement if City of Fayetteville wishes to use Baldwin & Shell's computer models. § 11.5.3 Baldwin & Shell. agrees that it will indemnify, defend, and hold harmless the City of Fayetteville and the Engineer from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of Baldwin & Shell, its employees, agents, Subcontractors, and Suppliers § 11.5.4 Arkansas Freedom of Information Act. City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the City of Fayetteville, Baldwin & Shell will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. § 11.5.5 Changes, modifications or amendments. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. AfA Document A133— — 2009 (formerly A421- Mc — 2003). Copyright* 1991, 2003 and 2009 byThe American institute of Architects. All rights reserved. Init WARNING: This APO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 19 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. 1 Thls document was produced by AIA software at 15:41:29 on 04/01/2013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. User Notes: (1634944628) ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the City of Fayetteville and the Baldwin & Shell Construction Company and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City of Fayetteville and Baldwin & Shell Construction Company. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133 2009, Standard Form of Agreement Between City of Fayetteville and Baldwin & Shell Construction Company as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A2O1-2007, General Conditions of the Contract for Construction .3 AIA Document E201Tm--2007, Digital Data Protocol Exhibit, if completed, or the following: .4 AIA Document E202Tm-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .5 Other documents: (List other documents, if any, forming part of the Agreement) This A ent is enter as of the day and year first written above. CITY OF 1=A ETT (Signature) BALDWIN 8 (Signature) Lioneld Jordan Mayor Patrick Tenne , Vice-PrZdffent (Printed and title) ATTEST: Sandra Smith, City Clerk FAYETTEVILLE* 9s' •;�kR NSP.''c'��' Debbie Pangle, Administrative Assistant Debbie Pangle Notary Public -Arkansas Benton County My Comm. RV.12-13-2014 AIA Document A133TM — 2009 (fonneriy Atli TM CMc — 2003). Copyrlght ®1981, 2003 and 2009 by The American institute of Architects. All rights reserved. WARNING_ This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ibis Ale 20 Document, or any portion of It, may result in severe civil and criminal penalties, and wlll be prosecuted to the maximum extent possible underthe law. t This document was produced byAIA software at 16:41:29 on 04101l2313 under Order No.3628291867 1 which expires on OSMO12013, and is not for resale. User Notes; (1634944628) Certification of Document's Authenticity AW Document D401 Try -- 2003 I, Patrick Penney, AIA, Vice President, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:15:38 on 04/01/2013 under Order No. 36252918671 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TM — 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. ( tAA A! (Signed) vice (2rusEoia'a- {Title) •2- Za15 (Dated) AIA Document D401m — 2003. Copyright 01992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This Ate Document is protected by U.S. Copyright Law and Intematlonal 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 underthe law. This document was produced by AIA software at 15:16:38 on 0410112013 under Order No.3625291867 # which eWires on 08110/2013, and is not for resale. User Notes: (1766737747) A TA -L-cx Document A201'm - 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and localion or address) City of Fayetteville Entertainment District Parking Deck in the vicinity of South School Avenue & Spring Street, Fayetteville, Arkansas consisting of the Parking Deck Liner ADDITIONS AND Buildings for the City of Fayetteville & Walton Arts Center document has 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 THE OWNER: Deletions Report that notes added (Name, legal status and address) Information as well as revisions to the City of Fayetteville standard form text is available from 113 W. Mountain the author and should be reviewed. A Fayetteville, Arkansas 72701 vertical line in the left margin of this herein after referred to as the City of Fayetteville document indicates where the author has added necessary information and where the author has added to or THE ARCHITECT: deleted from the original AIA text. (Name, legal status and address) This document has important legal Garver, LLC. consequences. Consultation with an 2049 E. Joyce 131 d., Ste 404 y y attorney is encouraged with respect Fayetteville, AR 72743 to its completion or modification. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 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 Init AIA Document A201 TO - 2007. Copyright a 1911, 1915, 1918. 1925, 1937, t851, 1958, 9861, 9963, 9966, 1970, 1978,1987, 1997 and 2007 by The American Institute ofArchitecls. All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and Intemational Treaties_ Unauthorized 1 reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA sottware at 15:08:16 on 04/01/2013 under Order No.362529186Ll which erryires on 0811012013, and is not for resale. User Notes: (1 t62498114) 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init AIA DocumentA20im-2007. Copyright® i911, 1915, 1918, 1926, i937, 1951, 1958, 1961, 1965, 1986, i970, 1976, i987, i997and2007byTheAmerican Institute of Architects. All rights reserved. WARNING: This AI0 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AID® Document, or any portion of It may result In severe civil and criminal penalties, and will be prosecuted to the 7 maximum extent possIbio underthe law. This document was produced by ALKsoftware at 16:08AG on 041=013 under Order No.3625291867�_l whilchwpires on 0811o12013, and is not for resale. User Notes: (1162498114) INDEX (Numbers and Topics 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, 9.51, 10.2.5, 10.2.8,13.4.2,13:7.1,14.1,15.2 Addenda 1.1.1, 3.11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3,15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2,15.1.5 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, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1,11.3.10,13.1.1,15.3.2,15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3.1, 7.1.2, 7.3.7, 7.4, 9.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1,13.5.1,13.5.2,14.2.2,14.2.4,15.1.3,15.2.1 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.I0, 42.12, 4.2.13, 5.2.1, 7.4.1, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2A.1, 1I.3.1.1, 12.2.1,13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4.1,3.1.3,3.51,3.10.2,4.2.7 Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3.1, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4.1, 9.5, 9.8.4, 9.9,1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 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, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2,4.1.3,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 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, 11.3.7 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, 13.5 Asbestos I0.3.1 Attorneys' fees 3.18.1, 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, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7.1,11.3.9,11.3.10,13.1.1,15.2.5,15.2.6.1,15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Inif AIA Document A201 M — 2007. Copyright C 1911. 1915, 1918,1925, 1937, 1951, 1958,1961, 1963,1966, 1970, 1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA® 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 tothe 3 ! maximum extent possible underthe law, This document was produced by AIA software at 16:08:16 on 04/01/2013 under Order No.3625291867_1 which expires on 08f1012013, and is not for resale. User Notes: (1162498114) Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.85 Certificates for Payment 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1, 9.10.1,9.10.3,14.1.1.3,14.2.4,15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2,11.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3,10.3.2, 11.3.1.2,11.3.4,11.3.9,12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11,4.2.8,7,7.2.1, 7.3.1,7.4,7.4.1, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3.1, 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, 3.7.4, 63.1, 7.3.9, 10.3.2,15.1.4 Claims for Additional Time 3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2,15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7,10.3.3, 11.1.1, 11.3.5,11.3.7,14.1.3,14.2.4,15.1.6 Claims Subject to Arbitration 15.3.1,15.4.1 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, 11.3.1,11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 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, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 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, 13.7 Compliance with Laws L6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4,10.2.2, 11.1, 1I.3,13.1, 13.4, 13.5.1,13.5.2, 13.6,14.1.1, 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 3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5,9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or .Joinder 15AA 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, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE _ 5.4.1.1, 11.3.9,14 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, 11.1.3, 11.3.6,11.4.1 Contract Documents, The 1.1.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1 A, 9.6.7, 9.7, 10.3.2, 11.3.1, 14-2 4, 14.3.2,15.1.4,15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4,3.7.5,3.10.2,5.2.3,7.2.1.3,7.3.1,7.3.5,7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7.1,10.3.2, 12_1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 AIA Document A201 Tu — 2007. Copyrighh ®1911, 1915,1918, 1925, 1937, 1951, 1958. 1961, 1963,1966,1970. 1076, 1987, 1997 and 2007 by The American Init. Institute ofArchilects. All rights reserved. WARNING: This AIO Document Is protected by MS. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and Will be prosecuted to the l maxim urn extent possible under the law. This document was produced by AIA software at 16:08.16 on 04/01/2013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. (1162498714) User Notes: CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 Contractor's Employees 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 11.1.1, 11.3.7,14.1, 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, 6,11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2,1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 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, 11.3.7,12,13.5,15.12,15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5.1, 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, 5.3.1, 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 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10,3.11, 3.12.4,4.2.7, 5.23,5.2.3, 9.2,9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3,11.1.3, 11.4.2 Contractor's Superintendent 3.9,10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3A, 3.17-10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14,15.1.3 Contractual Liability Insurance 11.1.1.8,11.2 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, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 121 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4.1, 3.2A, 3.7.3, 3.8.2, 3,15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9,10.2,10.3.2,10.3.6,11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 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, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7,10.3.3, 11.3.5, 11.3.7,14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 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 3.7A, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7,7.3.9,8.1.3,8.3.1,9.2.1,9.4,9.5.1,9.8.4,9.9.1, 13.5.2,14.2.2, 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 2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10A,12.2.1 Defective Work, Definition of 3.5.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.83 Delays and Extensions of Time 3.2., 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3.1, 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, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 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, 10.33, 11.1.1, 11.3.7,14.1, 14.2.1.1 lull AIA Document A201 TM — 2007, Copyright* 1911,1915,1918, 1925, 1937,1951, 1958,1961,1963,1966,1970, 1976,1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, orany portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced byAlAsoftwareat 16:08:16 on 04/0112013 under Order No.3625291867 1 which expires an 0811012013, and is not for resale. User Notes: (1162498114) Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3. 12, 3.13. 1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 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, 2.2.3, 2,2.5, 3.1, 3.3.I, 3.4.1, 3.5.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4,3.7.4,5.2.3,7.2.1,7,3,7.4.1, 9.5.1,9.7.1,10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2,13.6, 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, 9.10,11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4,14.4.3 Financial Arrangements, Owner's 2.2.1,132.2,14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4,10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17.1, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6,11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.IA, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3,10.3.3,11.2, 11.4, 13.5.1, 13.5.2,14.1.IA, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4,15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 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, 10.4.1 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, 13.5 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, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1,6.1.1,7.3.7,9.3.2,9.8.4,9.9.1,9.10.2,11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5,11.3 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2,12, 42.13, 7.4 Interest 13.6 Interpretation 1.2.3,1.4, 4.1.1, 5.1, 6.1.2,15.1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1. 1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 4.2.6, 4.2.7, 52.1, 6.2.1, 7.3.7, 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, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9. 1, 10.2.2,11.1.1,11.3,13.1.1,13.4,13.5.1,13.5.2, 13.6.1,14,15.2.8,15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4,15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3.1, 3.2.2, 3.5.1, 3.12.10, 3.17.1, 3.18.1, 4.2.6,4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7,10.2.5, 10.3.3,11.1.2, 11.2, 11.3.7,12.2.5, 13.4.2 Limitations of Time 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 5.2,5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2.1, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7.1, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6,11.3.10,12.2,13.5,13.7,14,15 Init AIA Document A201 TM — 2007. Copyright Q 1911, 1915. 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, orany portion of A, may result in severe civil and criminal penalties, and will be prosecuted to the ! maximum extent possible under the law. This document was produced by AIA software at 16:08:16 on 0410112013 under Order No.3625291867_1 which e)ires on (W1012013, and is not for resale. User Notes: (1162493114) Loss of Use Insurance 11.3.3 Material Suppliers L5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4,10.3 Materials, Labor, Equipment and 1.1.3,1.1.6,1.5.1,3.4.1,3.5.1,3.8.2,3.8.3,3.12, 3.13.1,3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2, 9.3.3, 9.5.13, 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, 15.2.8 Mediation 83.1,10.3.5,10.3.6,15.2.1,15.2.5,15.2.6,15.3, 15.4.1 Minor Changes in the Work 1.1.1,3.12.8,4.2.8,7.1,7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7.1, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9,10.4, 12.2.1 Notice 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7.1, 9.10,10.2.2, 11.1.3,11.4.6, 12.2.2.1,13.3, 13.5.1, 13.5.2,14.1, 14.2,15.2.8,15.4.1 Notice, Written 2.3.1,2.4.1,3.3.1,3.9.2,3.12.9,3.12.10,5.2.1,9.7,1, 9.10, 10.2.2,10.3,11.1.3,113.6,12.2.2.1,13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 4.5,10.2.8,15.1.2,15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8,11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1,12.2.2.1,13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 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, 11.3, 13.5.1, 13.5.2,14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5,2.1.1,2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3.1, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1,13.2.2,14.3,14.4,15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.3.3 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 2.4, 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 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17.1, 4.2.12, 5.3.1 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2.1, 9.3, 9.4, 9.5, 9.6.3, 9.7.1, 9.8.5, 9.10.1,14.2.3,14.2.4,14.4.3 Payment, Certificates for 4.2.5, 412.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 93.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2,13.6,14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 42.9, 9.8.2, 9.10,11.1.2, 11.1.3, 11.4.1,11.4.5, 12.3.1,133,142.4,14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 Init AIA Document A201 M �- 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1%3, 1966, 197o, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protested by U.S. Copyright Law and Intematlonal Treacles. Unauthorized 7 reproduction or distribution of this AIA® Dacament, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to Vie maximum extent possible underthe law. This documentwas produced byAlA software at 16:08:16 on 04101f2013 under Order No.3625291867 1 which expires on 08/1012013, and is not for resale. User Notes: (1162498114) Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3,13.6, 14.2.3,15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7,11.4.8, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.112 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, &2, 9.8, 9.9.1,14.1.4,15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9,10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of the 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY 10 _ Regulations and Laws 1.5, 3.2.3, 3.6, 33, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2,11.1,11.4,13.1,13.4,13.5.1,13.5.2,13.6,14, 15.2.8, 15.4 Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.I,3.1.1,3.9,4.1.1,4.2.1,4.2.2,4.2,10,5.1.1,5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 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 1,1.2,2.3,2.4,3.5.1,3.7.4, 3.15.2,4.2.6,4.5, 5.3,5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7,10.2.5, 10.3,12.2.2, 12.2.4,13.4,14,15.4 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, 5.3.1,10.1, 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, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 1 L4.7, 12.1.2 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, 9A.2, 9.10.1, 13.5 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, 13.5 Special Inspections and Testing 4.2.6,12.2.1,13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6,1.2.2,1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2,10.2.4, 11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 93.1.2, 9.6.7 [nit AtA Document A2011m — 2007. Copyright 01911, 1916,1918,1925. 1937, 1951, 1958,1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING. This AIO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this AtAe Document, or any portion of it, may result in severe civil and criminal penattles, and will be prosecuted to the maximum extent possible underthe law. This document was produced byAlA software at 16:08:16 on 04101=13 under Order No.3625291867 1 which expires on 0811(V2013, and is not for resale. User Notes: (1162498114) Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 11.4.7,11AA, 14.1, 14.2.1 Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.7,9.2,9.3,9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.4.5,11.3.7 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, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.8 Sub -subcontractor, Definition of 5.1.2 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, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 11.4,9,14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1,14.2,15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1,10.3.2, 11.4.1.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4.1,8.3,9.5.1,9.7.1, 10.3.2,10.4.1, 14.3.2,15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.4,4.5, 5.2, 5.3,5.4,6.2.4, 7.3,7.4, 8.2, 9.2,9.3.1, 9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9,9.10,113.3, 11.4.1.5,11.4.6,11.4.10,12.2,13.5,13.7,14,15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8,13.7,15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OR 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, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 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 13.4.2 Waiver of Claims by the Contractor 9:10.5, 11.4.7, 13.4.2,15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7,12.2.2.1, 13.4.2,14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4,15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5,11.3.7 Warranty 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.4, 11.2.2, 13.7.1 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 (nit AIA Document A201" — 2007. Copyright O 1911, 1915, 1918,1825, 1937. 1951, 195a, 1961,1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AI0 Document is protected by U.S. Copyright Law and totematlonal Treaties. Unauthorized 9 reproduction or distribution of this A10 Document, or any portion or it, may result In severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible underthe law. This documentwas produced byAlA software at 16:08:16 on 0410M013 under Order No.3625291867 1 which expires on 0811012013, and Is not for resale. User Notes: (1162498114) Written Consent 1.5.2, 3.42, 3.7.4, 3,12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2,11, 42.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 112.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2,10.3, 11.1.3,11.4.6, 12.2.2, 12.2.4,13.3, 14,15.4.1 Written Orders 1,1,1, 2.3, 3.9, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1,15.1.2 Iri�t AIA Document A201 w — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AtAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the r maximum extent possible underthe law. This document was produced by AIA software at'1"0:16 on GOIJ2013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. User Notes: (1162498114) 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 famished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding requirements. § 1.11 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 WORT( 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. § 1.1.7INSTRUMENTS 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. § 1.1.8INITIAL 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 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent ofthe 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' — 2007. Copyright 01911, 1916, 1918. 1925, 1937, 1951, 1966, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized 11 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 underthe law. This document was produced by AEA sotlware at 16:08:16 on 0410112013 under Order No.3825291667_1 which expires on 0811012013, and is not for resale. User Notes: (1162498114) § 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. § 1.4INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.&2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce the instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. 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. § 2.2INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the AIA Document A201 " — 2007. Copyright @ 1911, 1915. 1918,1926. 1937, 1961, 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Ink Institute of Architects. All rights reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 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 7 maximum extent possible underthe taw. This document was produced byAIA software at 16;08:16 on (IN0112013 under Order No.3626291867 t which expires on 08110/2013, and is not for resale. User Notes: (1162498114) portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.6 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. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents 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 ofthe 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. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written 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 deficiencies. In such case an.appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor 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. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. if payments than or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 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 tern "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 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. ]nit. Institute Document A201 TM — 2007. Copyright O 1911, i915, 19i8, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the ! maximum extent possible under the law. This documentwas produced byAlA software at 16:08:16 on 04/01/2013 under Order No.36252918671 which expires on 08/1012013, and is not for resale. User Notes: (1162498114) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution ofthe Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose ofdiscovering 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 make 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 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 authoritie& § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. Ifthe Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. Ifthe Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. Ifthe Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changesproposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. § 3.3.2 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. lt1iE AIA Document A201T — 2007. Copyright 0 f 911, 1915, 1918. 1925, 1937,1951, 1958, 1961, 1963, 1966, 1970, 1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING. This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA® Document, or any portion of 11, may result in severe civil and criminal penalties, and will be prosecuted tothe maximum extent possible underthe law. This document was produced byAlA software at 16:08:16 on 0410112013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. UserNotes: (1162498114) § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants 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 ofthe 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. § 3.6 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 ofthe 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. Ifthe 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 ofthe 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 21 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 an equitable adjustment 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 in writing, stating the reasons. If either party disputes the .Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.6 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 w — 2007. Copyright* 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1983, 1966,1970,1976. 1987, 1997 and 2007 by The American Init. Institute of Archiiecls. All rights reserved. WARNING: This APO Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 15 reproduction or distribution of this A10 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 produced byAlA software at M08:16 on 04101/2013 under Order No.3625291887 1 which expires on 0811012013, and is not for resale. User Notes: (1162498114) § 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 atthe 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 ofthe 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 3.9.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner 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 SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions ofthe Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution ofthe Work. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. Ifthe Contractor fails to submit a 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 maintain at the site for the Owner one copy ofthe Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion ofthe Work as a record ofthe Work as constructed. Init AIA Document A201' —2007. Copyright ®19l l,1915,1918. 1925, 1937, 1951, 1958, 1961, 1963,1966,1970, 1976, 1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by V.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted tothe r maximum extent possible underthe law. This document was produced byAlA software at 16:08:16on 04/01/2013 under Order No.3625291867 1 which wpires on 0811012013, and is not for resale. User Notes: (1162498114) § 3.12 SWOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.+4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect 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 constriction 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 requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for 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 written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, ifprepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and [nit ALA Document A201TM — 2007. Copyright Q 1911, 1915, 1918, 1925, 1937, 4951, 1958, 19B7, 1883, 18G6,1970, 1978, 1987,1997 and 2007 by The American Instilule of Architects. All rights reserved. WARNING: This AIAe Document is protected by US. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 16:08:16 on 04/0112013 under Order No.3625291867_1 which expires on 0811012013, and is not for resale. User Notes: (M2498114) completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor, such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or 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. § 3.1&2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18INDEMNIFICATION § 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 which would otherwise exist as to a party or person described in this Section 3.18. 16if AIA Document A201 IN W 2007, Copyright @ 1911, 1915, 1918,1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 18 reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and orimfnal penalties, and will be prosecuted to the f maximum extent possible underthe law. This document was produced byAIA software at 16:08:16 on o410112013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. User Notes: (1162498114) § 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 Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 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 ofthe Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment ofthe Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 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 ofthe 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, except as provided in Section 3.3.1. § 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 report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) 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 ofthe 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 FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations ofthe 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 13.5.2 and 13.5.3, whether or not such 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 ofthe Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. AfA Document A201T"1— 2007. Copyright 01911, 1915, 1918,1925, 1937, 1951, 1958, 1961, 1963, 1966,1970,1976,1987, 1997 and 20D7 by The American lntt Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Lawand International Treaties. Unauthorized 19 reproduction or distribution of this APO Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This documenlwas produced byAIA software at 16:08.16 on 04l01/2013 under Order No.3626291867 1 which exly1res on 0811012013, and is not forresafe. User Notes: (1162498114) § 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 retrain 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, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize 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 33A. § 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 duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the. Contract Documents. § 4.2.11 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 rt*sonably 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. 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 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. Init.AIA Document A201 TO — 2007. Copyright ®1911, 1ti1S, 1918, 1925, 1837, 1951, 1958, 186t, 1963,1968, 1970, 1976, 1987, 1987 and 2007 by The American Institute of Architects. All rights reserved. WARNING, This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthwfzed 20 reproduction or distribution of this AIAe Document, orany portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the I maximum extent possible underthe law. This document was produced by ALA software at 16:08:16 on 04/01/2013 under Order No.3625281867_1 which a)Vlres on 0611 OI2013, and is not for resale. User Notes: (1162498114) § 5.2AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to fumish materials or equipment fabricated to a special design) proposed for each principal portion ofthe Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner 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. § 5.2A The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, 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, which the Contractor, by these 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 § 5A.1 Each subcontract agreement for a portion of the Worrk is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the AiA Document A201" — 2007. Copyright ®1911, 1915,1918. 1925, 1937, 1951, 1958, 1961,1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init tnstitute ofArchitecls. All rights reserved. WARNING: This Ae Document Is protected by US. Copyright I.awand International Treaties. Unauthorized 21 reproduction or distribution of this AIA! Document, orany portion of it, may result In severe civil and criminal penalties, and will be prosecuted tothe f maximum extent possible underthe law. This document was produced byAlA soltware at 16:06:16 on 0410=013 under Order No.3625291967_1 which expires on 0811012013, and is not for resale. User Notes: (1162498114) 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 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. if the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions ofthe 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 ofthe Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary alter 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, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 621 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 report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall 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. § &2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 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. AIA Document A20i m — 2007. Copyright @ 1911, 1916. 1918,1926. 1937, 1951, 1958,1961, 1963, 1966, 1970, 1976, 1987, 1997 and 20077 by The American (nit institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright t.awand International Treaties. Unauthorized 22 reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced byAlA software at 16:08:16 on 0410112013 under Order No.3825291867 1 which expires on 0811012013, and is not for resale. User Notes: (i 152498114) 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, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 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 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so, that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 if the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount tnIt AIA Document A201 n — 2007. Copyright t01911,1916, t918, 1925, 1937, 1951,1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 16.08:16 on 04/0112013 under Order No.3625291867 II which expires on 081101 GM and is not for resale. User Notes: (1162498114) 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 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Mental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs ofpremiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the 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 Stun 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 has authority to order minor changes in the Work not involving adjustment in the Contract Sum or _extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DERNITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. AIA Document A201 "I — 2007. Copyright 01911, 1916, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1966, 1970, 1076, 1987, 1997 and 2007 by The American lnit Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 24 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 underthe law. This document was produced by AIA software at 16,08:16 on 04/0112013 under Order No.3626291867 1 which expires on 0811012013, and Is not for resale. User Notes: (1162498114) § 813 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 an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order 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 § 9A CONTRACT SUM The Contract Stan is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance ofthe Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's 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. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material 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. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored offthe 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 It1€� AIA Document A201 "' — 2007. Copyright ® i911,1915, 1918, 1925, 1937, 1951,1958, 1961, 19b3,1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This APO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 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. Thisdocument was produced byAlA software at 18:08:18 on 04f01l2013 under order No.3625291867�1 which expires on 0811012013, and is not for resale. User Notes: (1162498114) encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part 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 ofthe Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. 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. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. 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 material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The 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 for Iabor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will he made for amounts previously withheld. § 9.5.3 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 material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. Ifthe Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 Aber 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. Iltit AU1 Document A201TM — 2007. Copyright ®1811, 1915,1918,1925, 1937, t 95t, 1958, 1961, 1963, 1966,1870,1976, 19&7,1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treacles. Unauthorized 26 reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. Thisdowment was produced byAU1 software at 16:08:16 on 04/0112013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale_ User Notes: (1162498114) § 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 material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have: the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 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 and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or fumished 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, shall create any fiduciary liability or tort liability on the part ofthe Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 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' written 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 shut -down, 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. In�t AIA DocumentA201TM —2007. Copyright 01911, t915, 1918, 1925, 1937, 1951, t958, t961, 19Ei3, 1966, 1970, 1978, 1987, 9997and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this Alg Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible underthe law. This document was produced byAlA software at 16:08:16 on 04101/2013 under Order NoM25281867 1 which expires on 0811012013. and is not for resale. User Notes: (1162498114) § 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, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanyingthe Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion ofhe Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 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 9.9.2. 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. § 9.9.21mmediately 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. § 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 written 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 and, 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 terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The 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 and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, 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. if such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. AIA Document A201u — 2007. Copyright ®1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1953, 1966, 1970, 1976, 1087, 1997 and 2007 by The American Init Instilute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized 28 reproduction or distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the f maximum extent possible underthelaw. This document was produced byAIAsoftwareat16:08:16on0410112013underOrderNo.36252918671whiche) Tres on 0811012013, and is not for resale. User Notes: (1162498114) § 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 ofthe balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shhall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10A 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; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material 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 .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 offthe site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, Iawns, 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 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 owners and users of adjacent sites and utilities. § 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 ofthem, 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, except damage or loss 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, AIA Document A20" — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init Institute of Architects. All rights reserved. WARNING: This AIO Document Is protected by U.S. Copyright Law and International Trestles, Unauthorized 29 reproduction or distribution of this AIAe Document, orany portion of It, may result In severe civil and criminal penattles, and will be prosecuted to the maximum extent possible underthe law. This document was produced byAIA software at 16:08:16 on 04MI2013 under Order No.3825291867_1 which eWires on 08f10f2013, and is not for resale. User Notes: (1162498114) § 101.6 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. § 10.2.8INJURY 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 parry, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and ifreasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify 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 ofpersons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will 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 on 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 in the amount of the Contractor's reasonable additional costs of shut -down, 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 materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. AIA Document A201 * — 2007, Copyright 01911, 1915, 1918,1925, 1937, 1951, 1956,1981, 1963,1966, 1970, 1976, 1987, 1997 and 2007 by The American Inri Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.& Copyright Law and International Treaties. Unauthorized 30 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 underthe law. This document was produced byAlA software at 16:0816 on 04/01/2013 under Order No.3625291867_l which expires on 08110/2013, and is not for resale. User Notes: (1162498114) § 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 LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 (DELETED) § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's Init AIA Document A201 yr —2007. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958,1961,1963, 1966, 1970, 1976,1987. 1997 and 2007 by The American Institute of Arch€ieds. All rights reserved. WARNING: This APO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the j maximum extent possible underthe law. This document was produced byAIA software at 16:08:1Son 04/01/2013 under Order No.3625291867-1 which expires on 0811012013, and Is not for resale. User Notes: (1162498114) risk "all-risk" or equivalent policy form in the amount of the initial Contract Stun, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all ofthe coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests ofthe Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions ofthe Work in transit. § 11.3.1.6 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or -companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, Iapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.51f 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, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 tnit AIA Document A201TM — 2007. Copyright ®1911, 1915, 1918,1925, 1937,1951, 1958, 1961, 1963, 19W, 1970, 1976, 1987, 4997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ate Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 32 reproduction or distribution of this AIAm Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced by AIA software at 16:08:16 an D4l0112013 under Order No.3625291867 1 which expires on 0811012013, and is not for resale. User Notes: (1162498114) for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise_ § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any oftheir subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insuranceheld by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees ofany ofthem, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance ofthe Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions ofthe arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance ofthe Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. Init. AIA Document A201 TM — 2007. Copyright ®1911, 1916. 1918,1925, 1937, 1951, 1958,1867, 1963, 1966, 19711,1976, 1387,1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe elvit and criminal penalties, and wilf be prosecuted to the f maximum extent possible under the law. This document was produced byAlA software at 16:08:16 on 04/01/2013 under Order No.3626291867 1 which e*1res on 08/1012013, and is not for resale. User Notes: (1162498114) 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, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORT( § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs ofcorrecting 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. § 1212 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 an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of -written 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. Ifthe Contractor fails to correct nonconforming Work within areasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2A. § 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, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation ofthe 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 maybe commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. AIA Document A201- — 2007. Copyright 01911,1915, 1918, 1925, 1937, 1951,1958, 1961. 1963,1968, 1970, 1976, 1987, 1997 and 2007 by The American lnit Institute of Arohiteds. All rights reserved. WARNING: This AIO Document Is protected by U.S. Copyright Law and international Treaties. Unauthorl ad 34 reproduction or distribution of this AIA® Document orany portion of it, may result in severecivil and criminal penalties, and will be prosecuted to the l maximum extent possible under the law, This document was produced by AIA software at 16:08:16 on 04/01/2013 under Order No.3625291867 1 which e*res on 0811012013, and Is not for resale. User Notes: (1162496114) § 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 except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to 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 such 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 such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13A.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. § 13.4.2 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 there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or Iawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the 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 (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5,1, the 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 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions ofthe Work to comply with requirements established by the Contract Documents, all costs made necessary by AIA Document A201 "' — 2007. Copyright O 1911, 1916, 1998, 1925, 1937, 1951, 1958, 1961, 1963, 1966,1970, 1976. 1987,1997 and 2007 by The American Init: Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and Internattonat Treacles. Unauthorized 35 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe clvll and criminal penalties, and will be prosecuted tothe maximum extent possible underthe law. This document was produced byAlA soltware at 16:08:16 on 0410112013 under Order N0.36252918671 which expires on 08M012013, and Is not for resale. User Notes: (1162498114) such failure including those of repeated procedures and compensation for the Architect's services and expenses'shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 Ifthe 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. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. '§ 13.6INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may 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. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time 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 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract ifthe Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions ofthe Work under direct or indirect contract with the Contractor, 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 promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1_ § 14.1.2 The Contractor may terminate the Contract it through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section I4.3 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' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. AIA Document A201= — 2007. Copyright 01911, 1915,1918, 1925, 1937, 1951, 1958, 1961, 1963.1969, 1970,1976,1987, 1997 and 2007 by The American snit Institute of Arcthitects. All rights reserved. WARNING: This A10 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36 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 f maximum extent possible underthe law. This document was produced byAlA software at 16:0816 on 0410112013 under Order No.3625291867_1 which expires on 0811=013, and is not for resale. User Notes: (1162498114) § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment ofthe 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 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 ofthe Contract. y § 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 as described in 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 written 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. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. AIA Document A201 "" — 2007. Copyright ®1911, 1915,1918,1925, 1937, 1951,1958, 19ei, 1983,1966, 1970, 1976, 1987, 1997 and 2007 by The American Init Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright taw and International Treaties. Unauthorized 37 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 1 maximum extent possible underthe law. This document was produced byAlA software at 16:08:16 on 0410112013 under order No.3625291867_i which expires on Gall012013, and Is not for resale. User Notes: (1162498114) ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A CIaim is a demand or assertion by one of the parties seeking, as a matter of right, payment ofmoney, 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. § 16.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution ofa Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5 2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out ofor relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for to" expenses, for losses of use, income, profit, financing, business and reputation, and for loss ofmanagement 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 parry's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.21NITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, 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 arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no 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. AIA Document A20" — 2007. Copyright @ 1911,1915, 1918, 1925, 1937,1951, 1956, 1961, 1963, 1966,1970,1976,1967, 1997 and 2007 by The American Init Institute otAmhitects. All rights reserved. WARNING: This AIAe Document is protected by US. Copyright Law and International Treaties. Unauthorized 38 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This document was produced byAlA software at 16:0B:16 on 04101/2013 under Order No.36252918671 which mores on 08110120M and is not for resale. User Notes: (1162495114) § 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 such 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. § 1515 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, ifthe 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 an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, ifany, 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. § 15.24 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 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 16.3.2 (DELETED) § 15.3.3 (DELETED) § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. AIA Document A201 TM — 2007. Copyright ®1911, 1915,1918, 1925, 1937, 1981, 1968, 7961, 1963,1966, 1970, 1976, 1987,1997 and 2007 by The American Init Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 39 reproduction or distribution of this AI9 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This document was produced by AIA software at 16:08:16 on 04101I2013 under Order No.3625291867 1 which expires on 08110I2013, and is not for resale. User Notes: (1162498114) § 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 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. § 15A.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. § 15.4.4 CONSOLIDATION OR JOINDER § 1SAA1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15AA.2 Either party, at its sole discretion, 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. § 15A.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 the Owner and Contractor under this Agreement. AIA Document A20" — 2007. Copyright Sr 1911, 1915, 1918, 1925, 1937, 1951, 1958, 4961, 1963, 1966, 1970, 1976,1987, 1997 and 2007 by The American Init Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized 40 reproduction or distribution of this Ale Document, or any portion of It may result in severe civil and criminal penalties, and will be prosecuted tothe f maximum extent possible underthe law. This documenlwas produced byAlA software at 16:08:16 on 04101/2013 under Order No.36252918671 which expires on 0811012013, and is not for resale. User Notes: (11624998114) Certification of Document's Authenticity AIAO Document DOM - 2003 I, Patrick Tenney, AIA, Vice President, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:08:16 on 04/01/2013 under € rder No. 36252918671 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAO Document A201TM -- 2007, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Title) I-'Z- 2 013 _- (Dated) AIA Document D401 r" — 2003. Copyright 01992 and 2003 by The American Institute of Architects. Ail rights reserved. WARNING: This Ale Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion oft may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces) byAIA software at 16:08:16 on 040112013 under Order No.3625291867 1 which expires on 08110/2013, and is not for resale. User Notes: (1162498114) CITY OF r . aPV l ARKANSAS MEETING OF JULY 15, 2014 CITY COUNCIL. AGENDA MEMO TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Jeremy Pate, Development Services Director DATE: June 19, 2014 SUBJECT: Spring Street Parking Deck -Amendment No. 1 to the Contract with Baldwin and Shell RECOMMENDATION: Staff recommends approval of a resolution to approve a contract amendment with Baldwin & Shell Constructon Company in an amount not to exceed $447,948 for construction phase services related to demolition of the Walton Arts Center Administration offices and excavation for the Spring Street Parking Deck. BACKGROUND: Included with the tentative and final agenda packets is a staff report detailing the background of this project, along with a draft copy of the contract agreement that is being submitted in its final form. DISCUSSION: On Monday, July 14, city staff received a final contract amendment proposal from Baldwin & Shell Construction Company, after they had discussed in detail the project with the low bidder for demolition and excavation services, CO -BAR Contracting. This completes the procurement process for phase 1 of construction. Attached to this memo is the Guaranteed Maximum Price Amendment, serving as Exhibit A to the already approved contract with Baldwin & Shell. The contract agreement is between the City of Fayetteville and Baldwin & Shell as our construction manager, and includes the construction services identified in Attachment "B", generally described as site mobilization, site preparation, demolition and earthwork/mass excavation. Allowances have been included for hazardous materials abatement, undercutlreplacement of unsuitable soils, and embankment shoring. If these particular items are not utilized, the savings will be realized by the City. Not included in this contract is rock excavation, contingency, testing (not necessary at this phase), and utility company charges. Staff is preparing utility relocation agreements and testing services under separate items for Council approval. At this time staff is requesting the Council approve a contract amendment to allow for demolition and excavation, understanding that these are necessary construction items to begin the project. The remainder of the project will be advertised for bidding in the coming weeks, with a Council action required most likely in September. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The Construction Manager's estimate for these construction phase services at the time of Design Development drawings (April 2014) was $614,127. This contract amount is not to exceed $447,948. Funding for this first amendment of the contract is coming from parking revenue bond proceeds and parking funds budgeted for the project. Attachments: Contract Amendment No. 1 ,04FAIA Document A133' - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Bid Package No. 1 - Site Preparation, Demolition, and Mass Excavation for the Spring Street Parking Deck 229 North School Avenue Fayetteville, AR 72701 THE OWNER: (Name, legal status and address) City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 THE CONSTRUCTION MANAGER: {Name, legal status and address) Baldwin & Shell Construction Company 593 Horsebarn Road, Suite 100 Rogers, AR 72758 ARTICLE Al § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Four hundred forty-seven thousand nine hundred forty-eight dollars ($ 447,948 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment.) I Refer to Attachment "B" § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the [)oner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. AIA Document A201 "" 2007, 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. None AEA Document A133TM — 2009 Exhibit A. Copyright Q 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved, WAMING: This AiA�* Inft. Document is protected by US. Copyright law and International Trestles. Unauthofted reproduction or distribution of this NO Document, or any portion of it, may result In sevens civil and criminal penafkies, and will be prosecuted to the maximum extent possible under the law. This documentwas t produced by AIA software at 13:56:56 on 0711412014 under Order No.2266$40055_t which expires on 0512212015, and is not for resale. User Notes: (I SS6667123) § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Refer to Attachment "A". (Table deleted) § A.1.1.6 Assumptions, if any, on which the Guaranteed Maximum Price is based: Refer to Attachment "A" § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: None (Table deleted) § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement) Refer to Attachment "C". (Table deleted) § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, ca• refer to an exhibit attached to this Agreement.) Refer to Attachment "D" (Table deleted) § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement) Refer to Attachment "A". ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: will be established in a Notice to Proceed CITY OF FAYETTEVILLE (Signature) Lioneld Jordan, Mayor (Printed name and Title) ATTEST: Sandra Smith, City Clerk BALDWIN & (Signature) Patrick Tenney, AI_A, Ptelydent NWA Division (Printed name and Title) _......—,._ ATTEST: Leslie Fann. Administrative Assistant AIA goeurr*nt A133r" - R009 Exhibit A. Copyright 0 t991. 2003 and 2009 by The American institute of Architects. A€I rights reserved. WARNING: This Adw Etoenmsnt Is amtected by U.S. Co€syyftht Law and international Trestles. Unauthoraed reproduction or dts€e#br on of this AIA° Document, or any 2 portion of It, may result in severe civil and criminal penattles, and will be prosecuted to Um n€ mknum erbant possdbts under the haw. This document was t produced by AIA software at 13.,56:55 on 07114l2014 under Order No.2266540055_t which expires on 0512=015, and is not for resale. User Notes: (I M667123) Additions and Deletions Report for AIA0 Document A133' -- 2009 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:56:55 on 07114/2014. Bid Packs. a No. I • Site Preparation, Demolition and Mass Excavation for the Spring Street Parking Deck 229 North School Avenue Fayetteville. AR 72701 Ci1y of E43Leftevffle 113 West Mountain Fayetteville, Arkansas 72701 Baldwin & Shell ConM= on Company 593 Horsebarrt Road. Suite 100 RaZet~3. AR 72758 § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Pour hundred forty-seven thousand nine hundred forty-eight dollars ($ 442,248 ), subject to additions and deductions by Change Order as providers in the Contract Documents. Refer to Attachment 'B" None PAGE 2 Refer to Attachment "A". #t" Fps ($0.00 Refer to Attachment "A". Additions and Deletions Report for AIA Document A1331" -- 2009 Exhlbit A. Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights. reserved. WABtWWG: This A10 Document is protected by U.S. Copyright tar++ and kiternationol Treaties. Unauihodmed reproduction or distrtbutian of this Me DoeunwM, or any portion of it, may result in severe civil and criminal penattles, and will ire prosecuted to the maximum extant possible underthe law. This document was produced by AIA software at 13:58:55 on 0711412014 under Order No.2266540085 1 which expires on 05122/2015, and is not for resale. User Notes: (1886667123) Nqne DeGumen Two Dal Paw Refer to Attachment "C". Seen TWe Oats PW Refer to Attachment "D". Ntthe� Refer to Attachment "A". will be established in a Notice to Proceed OWNER -CITY OF FAYETTEVILLE (Signature) TiVe XnON AWjWIN & SHELL CONSTRUCTION COMPANY (Signature) Lioneld Jordan. Mayor Patrick Tenney. ALA, President WWA Division (Printed name and i lfkejltTe (Printed name and #itk)Title ATTEST, ATTEST: Sandra Smith, City Clerk Leslie Fann Administrative Assistant Addithons and Defetioas Report for A!A Document A733T — 2009 Exhibit A. Copyright 4D1991, 2W3 and 2009 by The American Institute of Architects. All rights reaerved. WAMMO: Tills AJO Decurrrent is protected by U.S_ Copyright Law and intsinatimal Treaties. Unauthorized reproduction or distribution of this AJO Document, or arty portion of it, may scud in severe oWN and crimkW vonalties. aced will be teroaecuted to We maximum extant 2 poasibis under the law. This doc menlwas produced by AIA software at 13:56:55 on 07/14/2014 under Order Na2266540055 �1 which expires on 05l2212015. and is not for resale. User Notes_ (1886667123) Certification of Document's Authenticity AIA® Document D407 Tm - 2003 I, Patrick Tenney, hereby certify, to the best of my knowledge, information and belief, that I created the attaches) final document simultaneously with its associated Additions and Deletions Report and this certification at I3:56:55 on 07/14/2014 under Order No. 2266540055_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA* Document A 133Tm — 2009 Exhibit A, Guaranteed Maximum Price Amendment, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. - gotowr tjwA 71r11Sc (Title) (Dated) AIA Document D401 TM — 2003. Copyright* 1992 and 2003 by The American Institute at Architects. All rfghts.maervad. WARttING: This A"'' Document is protected by US. !Copyright Law and hrtamational Treaties. Unauthoriz" reproduatkm or dWbibution of this AIAe Document, or any porr€km of It, may rssuit in sovwv aleit aced crimbW penalty, and wilt be prosecuted to the maxiraaum extent passible under the tow. This document was produced by AtA software at 13:56:55 on 07/14/2014 under Order Ne.ZZ66540058_t which expires on 05f22/2015, and is notfor resale. User Notes: (1886667123) _� Nerll?44`BSt ?+�ansas 11tm[s�£Fn BALDWIN NELL C 0 N S T R U C T t 0 NC0MPANY July 15, 2014 Mr. Jeremy Pate, Director Development Services City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Re: Spring Street Parking Deck Bid Package No. 1 DearJeremy, Attachment "A", of AIA Document A133-2009, Exhibit A Bid Package No. i Spring Street Parking Deck City of Fayetteville and Baldwin & Shell Construction Company Dated April 16, 2013 As you are aware, we opened sealed bids for the Site Preparation, Demolition, and Earthwork (Bid Package No. 1) component of the parking deck on July 8, 2014. We received bids from 4 contractors for this package of work. This completes the procurement phase of this portion of the project and we are pleased to present this Guaranteed Maximum Price (GMP) proposal. Refer to Attachment "B" for itemized breakdown of this proposal. Pricing is based on specifications and drawings as listed in Attachments "C" and "D". We are hereby requesting approval of the following proposed Guaranteed Maximum Price: • Proposed Guaranteed Maximum Price (GMP) $447,948 We have estimated construction duration of 60 calendar days to achieve Substantial Completion. Please note the following Allowances which are included: • Hazardous Materials Assessment / Abatement $7,700 • Embankment Shoring $30,000 • Undercut & replace 1,700 C.Y. unsuitable soils $24,650 Please note the following Qualifications to this proposal: • This proposal is based on use of CO -BAR Contracting's bid proposal. In the event CO -BAR Contracting fails to execute a subcontract with Baldwin & Shell or fails to furnish the required Performance and Payment Bonds; Baldwin and Shell will utilize the next bidder and will be entitled to a corresponding adjustment in contract sum. 593 N4rseaarn React. Suite 100 • R.^.ge.rs. AR 72758 • 479.845.1111,Fi •?79 845.1115M www.baldwinsheI1.com • All drawings are noted "FOR INFORMATION ONLY NOT FOR CONSTRUCTION". Pricing adjustments may be necessary after issuance of Final Construction Documents. Please note the following items which we respectfully Exclude: • Contingency • Impact fees / utility connection fees • Utility company charges • Rock excavation • Undercut of unsuitable soils beyond allowance • Testing Please note the following Unit Prices: 1. undercut unsuitable material and replace with specified fill material. $15.61 / C.Y. 2, Mass rock excavation. $107.66 / C.Y. 3. Trench rock excavation. $107.66 / C.Y. For accounting purposes, the breakout cost of this proposal to be allocated to construction of the North Liner Basement is $40,227. Please do not hesitate to contact me if you have any questions whatsoever. We are ready to be of service. Sincerely Baldwin & Shell Construction Company Patrick Tenney, AIA I President Northwest Arkansas Division Cc: Mr. Ron Petrie, P.E. Enclosures H-Vobs\NW Arkansas Jobs�2258 - Fayetteville Entertainment Parking Deck\Contract Documents & Change Orders\Owner Contract & Change Orders\Contract & Exhibits BALDWIN&COMPANYNELL CONSTRUCTION Attachement "B", of AIA Document A133-2009, Exhibit A Bid Package No. I Spring Street Parking Deck City of Fayetteville and Baldwin Shell Construction Company Dated April 16, 2013 'PROJECT NAME !Spring Street Parking Deck Bid Package No. I DATE 7/15/141 ,AMOUNT $447,948 BUILDING AREA 102,551 SF COST SF 4.37 NO. ITEM NAME COST COST/SF j %TOTALI COMMENTS 600 Performance Bond 3,6511 0.04 0.82% 601 Insurance i 3,2981 0.03 0.74%j 602 Flood & Earthquake Insurance Deductibles =--0 0.00� 0.00w 603 !;Preconstruction Fee 01 07007 -0.00% 604 Fee 23,352i 0.231 5.21% 1.000 Permits 424!1 0,001 0.09% 1,011 Contingency 01 0.001 0.00% 1,400 ITesting 0 0.001 0.000/.IBYOWNER 1,450 Document Reproductions 1,098 0.011 0. 2 1,455 1 Mobilization 22,816 0.221 5.09%, 1 Barricades 32,993E 0.321j 7.37%! 1,465 'Tragic Control 9,087i 0.09i 2.03%1 11500 2,150 General Conditions Hazardous Materials AssessmenVAbatement 74,0291 7,7001 0.721 0.08 16.53%1 -LOWANCE 2,200 Site Preparation, Demolition, Earthwork j 214,8501 2,101 47.96W,COBAR CONTRACTING 2,260 lUndercut/Replace Unsuitable Soils 24,650! 0.241 5.50%IALLOWANCE 2,260 !Embankment Shoring 1 30,000'. 0.291 --i7 .-0-i/-. 'IALLOWANCE ITOTAL PROJECT 447,948! 4.371 100.00%� Specifications Section Number Attachment "C" Bid Package No. 1 - Spring Street Parking Deck Specifications All Specifications are dated June 23, 2014 Title Attachment "C" of AIA Document A133-2009, Exhibit A Bid Package No. 1 Spring Street Parking Deck City of Fayetteville and Baldwin Shell Construction Company Dated April 16, 2013 Eagles VOLUME 1 of 4 CONTRACT DOCUMENTS AND GENERAL REQUIREMENTS DIVISION 00 - BIDDING AND CONTRACTION REQUIREMENT 00 00 01 Certifications 1 0001 10 Table of Contents 1 00 70 00 AIA 201 - General Conditions of the Contract for Construction 1-50 00 73 00 Wage Rate Requirements 1-6 DIVISION 1 - GENERAL REQUIREMENTS 01 11 00 Summary of Work 1 01 1200 Project Meetings 1-2 01 26 00 Contract Modification Procedures 1-3 01 31 00 Project Management and Coordination 1-6 01 32 00 Construction Progress Documentation 1-5 01 33 00 Submittal Procedures 1-5 01 42 00 References 1-3 01 45 29 Testing Laboratory 1-10 01 5000 Temporary Facilities and Controls 1-8 01 77 00 Closeout Procedures 1-3 VOLUME 2 OF 4 TECHNICAL SPECIFICATIONS DIVISION 2 - EXISTING CONDITIONS 02 41 00 Demolition 1-8 DIVISION 31 - EARTHWORK 31 11 00 Site Preparation 1-3 31 22 13 Subgrade Preparation 1-2 312219 Grading 1-3 312316 Excavation 1-3 312319 Dewatering 1-2 31 23 23,13 Fill and Backfill 1-5 31 3200 Soil Erosion Stabilization 1-8 31 5000 Excavation Support Systems 1-2 VOLUME 3 OF 4 ADDITIONAL REFERENCE INFORMATION APPENDIX A- Wage Rate Determination 1-6 APPENDIX B- Geotechnical Report 1-41 APPENDIX C- Asbestos Analysis Report 1-4 APPENDIX D- Story Water Pollution Prevention Plan 1-13 VOLUME 4 OF 4 DRAWINGS Page 1 of 1 Corporate Office . Central Arkansas Division e Northeast Arkansas Division • Northwest Arkansas Division • Construction Services Division BALDWIN NELL C ON S T R U C T I O N C 0 M PAN Y July 17, 2014 Jeremy Pate City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE. Agreement between Owner and Construction Manager for the construction of the Spring Street Parking Deck Dear Jeremy: The following documents are enclosed: • Three (3) original copies of AIA Document A133-Exhibit A (Guaranteed Maximum Price Amendment) with attachments A, B, C, and D for your review and execution. • One (1) copy of Additions and Deletions Report for AIA Document A133 - Exhibit A for you records. • One (1) copy of Certification of Document's Authenticity for AIA Document A133 - Exhibit A for your records. After Mayor Jordan has signed these documents, please forward one (1) executed copy to Garver and one (1) to Baldwin & Shell. If you have any questions please do not hesitate to contact me. We very much appreciate this upcoming project and we are excited about continuing our relationship with the City of Fayetteville and Garver. Sincerely, BALDWIN & SHELL CONSTRUCTION CO. C��OA 7T J. Patrick Tenney, AIA I President Northwest Arkansas Division Enclosures 593 Horsebarn Road, Suite 100 • Rogers, AR 72758 • 479.845.1111(p) • 479.845.1115(f) www.baidwinshel1.com 1 Document Al33" - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Bid Package No. 1 - Site Preparation, Demolition, and Mass Excavation for the Spring Street Parking Deck 229 North School Avenue Fayetteville, AR 72701 THE OWNER: (Name, legal status and address) City of Fayetteville l l3 West Mountain Fayetteville, Arkansas 72701 THE CONSTRUCTION MANAGER: (Name, legal status and address) Baldwin & Shell Construction Company 593 Horsebarn Road, Suite 100 Rogers, AR 72758 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Four hundred forty-seven thousand nine hundred forty-eight dollars ($ 447,948 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § AA.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment.) f Refer to Attachment "B" § A.1.1,3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A2017112007, 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. None AIA Document A133Tm - 2009 Exhibit A. Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARDING: This Ale Intl Document is protected by U.S. Copyright law and lntemational Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of rt. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was t produced by AIA software at 13:56:55 on 0711412014 under Order No.2266540055_1 which expires on 06/22/2015, and is not for resale. User Notes: (1886667123) § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify allowance and state exclusions, if any, from the allowance price) Refer to Attachment "A". f ('fable deleted) § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: Refer to Attachment "A". § A.1.1.8 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: None (Table deleted) § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) Refer to Attachment "C". (Table deleted) § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Refer to Attachment "D". (Table deleted) § A.1.1.9 -1be Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) Refer to Attachment "A". ARTICLE A.2 tablished by this Amendment: Lioneld Jordan, Mayor (Pr=dnameandTitle) ATTEST: Sandra Smith, City Clerk �.' Z Y . •p: FAYETI EVILLEZ d' A-ANsvC'. COM (Signature) Patrick Tenney, AIA, dent NWA Division (Printed name and Title) ATTEST: Leslie Fann, Administrative Assistant ip AIA Document A133TM — 2009 Exhibit A. Copyright 01991, 2003 and 2009 by The American Institute of Architects, All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis Al a Document, or any 2 portion of ii, may result in severe civil: and criminal penalties, and will be proaecuted to the maximum extent possible under the law. This document was t produced by AIA software at 13:56:55 on 07/1412014 under Order No.2266540055_1 which expires on 05=12015, and is not for resale. User Notes: (1886667123) O poil:e c"ica ® CenIla€ sas i;i: for .._ i;:, ,,vr<<:n .:. , . i<,a Northwest Arkansas Division s CojsuL[ i a3 S".,€;:>;Divisiotl RALOW101FHELL C0NSTRUCT10N COMPANY Attachment "A", of AIA Document A133-2009, Exhibit A Bid Package No. 1 Spring Street Parking Deck City of Fayetteville and Baldwin & Shell Construction Company Dated April 16, 2613 July 15, 2014 Mr. Jeremy Pate, Director Development Services City of Fayetteville 113 West Mountain Fayetteville, Alt 72701 Re: Spring Street Parking Deck Bid Package No. 1 Dear Jeremy, As you are aware, we opened sealed bids for the Site Preparation, Demolition, and Earthwork (Bid Package No. 1) component of the parking deck on July 8, 2014. We received bids from 4 contractors for this package of work. This completes the procurement phase of this portion of the project and we are pleased to present this Guaranteed Maximum Price (GMP) proposal. Refer to Attachment "B" for itemized breakdown of this proposal. Pricing is based on specifications and drawings as listed in Attachments "C" and "D". We are hereby requesting approval of the following proposed Guaranteed Maximum Price: • Proposed Guaranteed Maximum Price (GMP) $"7,948 We have estimated construction duration of 60 calendar days to achieve Substantial Completion. Please note the following Allowances which are included: • Hazardous Materials Assessment / Abatement $7,700 • Embankment Shoring $30,000 • Undercut & replace 1,700 C.Y. unsuitable soils $24,650 Please note the following Qualifications to this proposal: • This proposal is based on use of CO -BAR Contracting's bid proposal. in the event CO -BAR Contracting fails to execute a subcontract with Baldwin & Shell or fails to furnish the required Performance and Payment Bonds; Baldwin and Shell will utilize the next bidder and will be entitled to a corresponding adjustment in contract sum. 593 Horseharn Road: Suite 100 • Rogers, AR 72758 •479.845,1111(p) • 479.845.1115(f) www.baidwinshell.com • All drawings are noted "FOR INFORMATION ONLY NOT FOR CONSTRUCTION". Pricing adjustments may be necessary after issuance of Final Construction Documents. Please note the following items which we respectfully Exclude: • Contingency • Impact fees / utility connection fees • Utility company charges • Rock excavation • Undercut of unsuitable soils beyond allowance • Testing Please note the following Unit Prices: 1. Undercut unsuitable material and replace with specified fill material. $15.61 / C.Y. 2. Mass rock excavation. $107.66 / C.Y. 3. Trench rock excavation. $107.66 / C.Y. For accounting purposes, the breakout cost of this proposal to be allocated to construction of the North Liner Basement is $40,227. Please do not hesitate to contact me if you have any questions whatsoever. We are ready to be of service. Sincerely Baldwin & Shell Construction Company Patrick Tenney, AIA j President Northwest Arkansas Division Cc: Mr. Ron Petrie, P.E. Enclosures W\Jobs\PEW Arkansas Jobs\2258 - Fayetteville Entertainment Parking Deck\Contract Documents & Change Orders\Owner Contract & Change Orders\Contract & Exhibits BALOWIN&C HELL CONSTRUCTIOMPANY Attachement "B", of AIA Document A133-2009, Exhibit A Bid Package No.1 Spring Street Parking Deck City of Fayetteville and Baldwin Shell Construction Company Dated April 16, 2013 PROJECT -NAME Spring Street: Parking Deck Bid Package No. 1 DATE -� -- --- -__ 7115114 -- — -------- AMOUNT $447,94$ -- _--_-102,551 BUILDING AREA : SF v - - — COST / SF 4.37� NO. ITEM NAME COST _ COST/SF %TOTAL COMMENTS 600 Performance Bond_ _ _ _ 3,651 0.04 0.82% 601 Insurance _ 3,298 0.03 0.74% — 602 Flood & Earthquake Insurance Deductibles 0 0.00 0.00% 603 Preco_nstruction Fee 0 0.00 _ 604 Fee 23,352 0.23 5,21 % 1,000 Permits 424 0.00 0.09% 1,011 Contingency 0.00 0.60% 1,400 Testing _ _ _0 0 OAO 0.00% BY OWNER 1,450 Document Reproductions 11098 �- 0.01 0.25% — 1,455 Mobilization 22,816 0.222 5.09% 1,460 Temporary Fencing, Barricades_ 32,993 0.32 7.37% 1,465 _Traffic Control _ 9,087 0.09 2.0.3% ___ _ 1,600 General Conditions 74,029 0.72 16.53% 2,150 Hazardous Materials Assessment/Abatement 7,700 — 0.08 1.72% ALLOWANCE 2,200 Site Preparation, Demolition, Earthwork 214,850 2.10 47.96% COBAR CONTRACTING 2,250 Undercut/Replace Unsuitable Sails 24,650 0.24 5.50% ALLOWANCE 2,260 Embankment Shoring _ 30,000 0.29 _ 6.70% ALLOWANCE TOTAL PROJECT 447,948 4.371 100.00% BALDWIN HELL C ON S T R U C T 10 NC 0 M P ANY Specifications Section Number Attachment "C" Bid Package No. I - Spring Street Parking Deck Specifications All Specifications are dated June 23, 2014 Title Attachment "C", of AIA Document A133-2009, Exhibit A Bid Package No. 1 Spring Street Parking Deck City of Fayetteville and Baldwin Shell Construction Company Dated April 16, 2013 Panes VOLUME 1 of 4 CONTRACT DOCUMENTS AND GENERAL REQUIREMENTS DIVISION 00 - BIDDING AND CONTRACTION REQUIREMENT 00 00 01 Certifications 1 0001 10 Table of Contents 1 007000 AIA 201 - General Conditions of the Contract for Construction 1-50 00 73 00 Wage Rate Requirements 1-6 DIVISION 1 - GENERAL REQUIREMENTS 01 11 00 Summary of Work 1 01 1200 Project Meetings 1-2 01 26 00 Contract Modification Procedures 1-3 01 31 00 Project Management and Coordination 1-6 01 32 00 Construction Progress Documentation 1-5 01 3300 Submittal Procedures 1-5 01 42 00 References 1-3 01 4529 Testing Laboratory 1-10 01 50 00 Temporary Facilities and Controls 1-8 01 77 00 Closeout Procedures 1-3 VOLUME 2 OF 4 TECHNICAL SPECIFICATIONS DIVISION 2 - EXISTING CONDITIONS 02 41 00 Demolition 1-8 DIVISION 31 - EARTHWORK 31 1100 Site Preparation 1-3 31 22 13 Subgrade Preparation 1-2 312219 Grading 1-3 312316 Excavation 1-3 312319 Dewatering 12 31 23 23.13 Fill and Backfill 1-5 31 32 00 Soil Erosion Stabilization 1-8 31 50 00 Excavation Support Systems 1-2 VOLUME 3 OF 4 ADDITIONAL REFERENCE INFORMATION APPENDIX A- Wage Rate Determination 1-6 APPENDIX B- Geotechnical Report 1-41 APPENDIX C- Asbestos Analysis Report 1-4 APPENDIX D- Storm Water Pollution Prevention Plan 1-13 VOLUME 4 OF 4 DRAWINGS Page 1 of 1 BALDWIN NELL C ON S T R U C T 10 NC O M P ANY Attachment "D" of AIA Document A133-2009, Exhibit A Bid Package No. 1 Spring Street Parking Deck City of Fayetteville and Baldwin Shell Construction Company Dated April 16, 2013 Attachment `T" Bid. Package No. I - Spring Street Parking Deck List of Drawings ALL DRAWINGS ARE NOTED "FOR INFORMATION ONLY NOT FOR CONSTRUCTION", No Title Da#e G001 Cover Sheet May 2014 G002 Index of Sheets June 2014 SURVEY V101 Site Plat, General Notes, and Legend June 2014 V102 Plat of Survey May 2014 V103 Existing Topographic Survey June 2014 CIVIL C001 City of Fayetteville General Notes 1 June 2014 C101 Site Layout and Erosion Control Plan June 2014 C102 Grading and Drainage Plan 1 June 2014 C103 Grading and Drainage Plan 2 June 2014 C104 Grading and Drainage Plan 3 June 2014 C105 Utility Plan May 2014 C106 South Retaining Wall Plan and Profile May 2014 C501 Site Detail 1 June 2014 C502 Site Detail 2 June 2014 C505 Site Detail 5 June 2014 C506 Site Detail 6 June 2014 C507 Site Detail 7 June 2014 ARCHITECTURAL A100 Building Plans May 2014 A101 Building Plans May 2014 A200 Exterior Elevations May 2014 A201 Exterior Elevations May 2014 A210 Building Sections May 2014 A211 Building Sections May 2014 STRUCTURAL S101 Foundation Plan - Parking Deck May 2014 S102 Foundation Plan - North Liner Building May 2014 S305 Foundation Sections V May 2014 S306 Foundation Sections VI May 2014 PARKING DECK SF101 Level B1 Plan May 2014 Page 1 of 1 Additions and Deletions Report for AIA® Document A 133"" - 2009 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:66:55 on 07/14/2014. Bid Package No. 1 - Site Pr aration Demolition and Mass Excavation for the Spring Street Parking Deck 229 North School Avenue Fayetteville, AR 72701 City of Fayetteville 1 l3 West Mountain Fayetteville, Arkansas 72701 Baldwin & Shell Construction Company 593 Horsebarn Road, Suite 100 Rogers, AR 72758 § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Four hundred foriy-seven thousand _nine hundred forty-eight dollars {$ 447,948 ), subject to additions and deductions by Change Order as provided in the Contract Documents. Refer to Attachment "B" None PAGE 2 Refer to Attachment "A". 4W P0GO f$9.00 Refer to Attachment "A". Additions and Deletions Report for AIA Document A133T"— 2009 Exhibit A. Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® document is protected by U.S. Copyright Law and intemational 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 underthe law. This document was produced by AIA software at 13:56:55 on 07/14/2014 under Order No.2266540055_1 which expires on 05122/2015, and is not for resale. User dotes: (1886667123) None Dowment Refer to Attachment 3961; GH Refer to Attachment "D". 11e Refer to Attachment "A" Ta1:19 Date Te Oate paw will be established in a Notice to Proceed QWN€ ttCITY OF FAYETTEVILL -(Signature) Lioneld Jordan. Mayor (Printed name and kjTitle ATTEST: Sandra Smith, Citv Clerk A WIN & SHELL C0Nii5CT10N COMPANY (Signature) Patrick Tenney AIA. President NWA Division (Printed name and Title -" ATTEST: Leslie Fann,, Administrative Assistant Additions and 111e1etions Report for AIA DocuFFFerrt A133- — 2009 Exhibit A. Copyright a 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This A e Document is protected by U-& Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Oocumea% orany portion of it, may result in severe civil and crimirral penalties, and will ire prosecuted to the maximum extent Z Possible under the law. This document was produced by AEA software at i S;56:5s on 07/14/2014 under Order No.2265540%5 1 which expires on 05122/2016, and is not for resale. — User Notes: (1886667123) Certification of Document's Authenticity AIAO Document D409 Tm - 2003 I, Patrick Tenney, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:56:55 on 07/14/2014 under Order No. 2266540055_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document Al33TM — 2009 Exhibit A, Guaranteed Maximum Price Amendment, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. 5 a tT' N WA t M*r4 (Title) ip7. I ¢. 2al (Dated) AIA Document 1)401 TM — 2003. Copyright 01902 and 2003 by The American Insiltube 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 A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under tWe law. This document was produced by AIA software at 13:56:55 on 07/14/2014 under Order No.2266540055 1 which expires on 05L22/2015, and is not for resale. User Notes: _ (1886667123) CITY OF Tay glARNSAS TO: City Clerk FROM: Jeremy Pate, Development Services Director DATE: July 29, 2014 SUBJECT: Spring Street Parking Deck STAFF MEMO Please find the attached transmittal letter, Performance Bond (filed of record) and Certificate of Liability Insurance related to Resolution No. 135-14 (attached) for the Contract Amendment with Baldwin & Shell for the Spring Street Parking Deck, Phase I. Please let me know if you have any questions. Mailing Address: 113 W. Mountain Street wwwfayetteville-ar.gov Fayetteville, AR 72701 �i rii:;Pik r-1 ansas C zsioio Northwest Arkansas Division ® ..», s'P ti_, ., :1 S,2 ti �?S (i; 4'ISi ail BALDWIN HELL G0NSTR[}CTiQ�i COMPANY July 24, 2014 Jeremy Pate City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Spring Street Parking Deck Insurance and Bonds Dear Jeremy: The following documents are enclosed: • One (1) copy of Certificate of Liability Insurance for your records. • One (1) recorded copy of Performance Bond, Labor and Material Payment Bond for your records. If you have any questions please do not hesitate to contact me. Sincerely, BALDWIN & SHELL CONSTRUCTION CO. Leslie Fann I Administrative Assistant Northwest Arkansas Division Enclosures 593 Horsebarn Road, Suite 100 -Rog ers. AR 72758 e 479.845.1111(p) • 479.845.1115(t) www.haidwinsheii.com BALD&SH-01 KPAYNE 16" CERTIFICATE OF LIABILITY INSURANCE DATE,M 7122I201YYYY} 2014 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 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 endorsements), PRODUCER Risk Services of Arkansas 1501 Mart Dr Little Rock, AR 72202 NA'ME Karen J Payne PHONE Ell: (501) 666-6653 AArx No ; (501) 666-7168 ADIZRESS: kpayne@risk$orvicesar.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Bituminous Casua4 Corp. 20095 INSURED INSURER B ; Great American Insurance Co. 16691 INSURER C ; Baldwin & Shell Construction Company P. 0. Box 1750 Little Rock, AR 72203 INSURER D ; INSURER E INSURER F ; (XiVERAGES CERTIFICATE NLJMRFR- DEWICIeNKI M111aoco. THIS IS 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. INSR L7R TYPE OF INSURANCE ADOL UBR POLICY NUMBER POLICY EFF MMlDDrYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ff] OCCUR XCU Included X CLIP 3597200 0110112014 0110112015 EACH OCCURRENCE S 11000,00 PREMISES RENT r occurrence $ 100,00 X MED EXP (Any one person) $ 5,00 X Contractual Liab Inc PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JET LOC GENERALAGGREGATE $ 2,000,00 PRODUCTS -COMPIOPAGG $ 2,000,00 $ OTHER: A AUTOMOBILE LIABILITY ANY AUTO X CAP 3597199 01/01/2014 01101/2016 COMBINED SINGLE LIMIT Ea accident $ 1,000,00 X BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE per accident)$ $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,00 B EXCESS LIAR CLAIMS -MADE X TUU 662762411 Oi10112014 01/01/2015 DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y r N ANY OFFICEWMEMBERIPARTNERIE ECUTIVE (Mandatory In under If yes, describeunder DESCRIPTION OF OPERATIONS below N!A C 3597198 01/01/2014 01/01/2016 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE S 1,000,00 E.L. DISEASE - POLICY LIMIT $ 11000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached IFmore spats Is required) Project: City of Fayetteville Entertainment District Parking Deck If required by written contract the project owner, City of Fayetteville and the architect, Garver LLC, are named as Additional Insured on commercial liabillity coverage. All policies are endorsed to provide certificate holder wtih 30 day notice in the event of cancellation with the exception of: If cancellation is at the insured's request or due to non-payment of premium 10 day notice is given. City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 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 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THE AMERICAN INSTITUTE OF ARCHITECTS ,U— AIA Document A311 Performance Bond BOND NUMBER 1.06128230 IIIlllllllllllllillllllolllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID: 015822600008 Type: LIE Kind: PERFORMANCE BOND Recorded: 07/24/2014 at 01:15:52 PM Fee Amt: $50.00 Paige 1 of S Washington County, AR Kyle Svlvester Circuit Clerk FileB432_00000630 KNOW ALL MEN BY THESE PRESENTS: that Baldwin & Shell Construction Company, 593 Horsebarn Road, Ste 100, Rogers, Arkansas 72758 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT. 06183 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, 113 W. Mountain, Fayetteville, Arkansas 72701, (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Four Hundred Forty -Seven Thousand Nine Hundred Forty Eight Dollars and 00/100 Dollars ($447,948.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated April 16th, 2013, entered into a contract with Owner for City of Fayetteville Entertainment District Parking Deck in the vicinity of South School Avenue & Spring Street, Fayetteville, Arkansas consisting of the Parking Deck, with Liner Buildings for the City of Fayetteville & Walton Arts Center (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by Garver, LLC., 2049 E. Joyce Blvd., Ste 400, Fayetteville, AR 72703 (Here insert full name, address and legal title to Architect) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N,Y. AVE., N.W., WASHINGTON, D. C. 20006 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly I) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2). years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Baldwin & Shell Construction Company \ (Princf t} (Witness) ess) 1 g"iTtiG{C'TFN Tifre) Elie. NW4 ji 6od Travelers Casualty and Surety Company of America Ir (Surety) (Seal Karen J. Payne (Witness) Jac er, Attorney -in- act (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL BOND • ALA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 3 THE AMERICAN INSTITUTE OF ARCHITECTS BOND NUMBER 106128230 AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Baldwin & Shell Construction Company, 593 Horsebarn Road, Ste 100, Rogers, Arkansas 72758, (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT. 06183, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, 113 W. Mountain, Fayetteville, Arkansas 72701 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Four Hundred Forty -Seven Thousand Nine Hundred Forty Eight Dollars and oo/1o0 Dollars ($447,948.00) (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated April 16th, 2013, entered into a contract with Owner for (here insert fun name, address and description of project) City of Fayetteville Entertainment District Parking Deck in the vicinity of South School Avenue & Spring Street, Fayetteville, Arkansas consisting of the Parking Deck, with Liner Buildings for the City of Fayetteville & Walton Arts Center in accordance with Drawings and Specifications prepared by Garver, LLC., 2049 E. Joyce Blvd., Ste 400, Fayetteville, AR 72703, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C, 20006 4 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was Signed and sealed this 22nd day of July, 2014. done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Baldwin & Shell Construction Company (Witness) �Az�7ii�C�fN�E`I� {Tit 1 QfLQS, µ w�, DrViStON AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL BOND - AIA FEBRUARY I970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 Travelers Casualty (Surety) Surety Company of America Karen J. Payne (witness) Jack AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, I735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 (Title) POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian. Insurance Company Attorney -In Fact No. 227817 Certificate No. 005849742 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Steven C. Russell, David F. Feild, Karen J. Payne, Sherry L. Burgener, and Jack Ramer of the City of Little Rock , State of Arkansas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, 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 perrti tted`in anyections or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this ins to be Signed and their corporate seals to be hereto affixed, this 3rd day of April 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty jnsurauce Company Travelers Casualty and Surety Company Fidelity and Guaranty Insur"ce'Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G,y�g5p4p,_1� 4lME 6 �pK„�NgG PY t���H�4. JA�TY 4hps ��PlY �YeW Oal}' . u��• .� 4,,�y9 tQ�o POA� yf J..r..........Ny�� �9 G9 "+O i 1 9 6 2 0 'I g%}� �; . "� a: n s_ a tinHrfOAn, i tttAtFORq �i y, D �SJr1 �,SE$I.Eo1 �� SBhI.+3 �5, CONN. c F WNN. � 0. 1896 Y State of Connecticut City of Hartford ss. By: rX�Zul Robert L. Raney, enior Vice President On this the 3rd day of April 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.mei My Commission expires the 30th day of June, 2016. Marie C. Tetreault> Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, 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 -Pact 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 sea] 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 Attorneys -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. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unitgdl�,Otom Fide4f3 and Gtaaranry Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compatnes wbxchj§ iwvill force o&effect and has not been revoked. - I IN TESTIMONY WHEREOF, I have hereunto set my hand an affi e l the seas of at4�Orupanies thiF day of 20 ( 7� (' Kevin E. Hughes, Assistant Sec tary 4% Wns�en YMb OS `b, A ii�l 4 X a'C�pP6R�lF ef'1 0.'cD�PORgt�:.�'in 9a ypRTFpHp. e c �i o CONN. �y crFrab b� .y �m as �yP �a.�S83LLi 3 •. aaC bb yp To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER RESOLUTION NO.135-14 A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH BALDWIN & SHELL CONSTRUCTION COMPANY FOR DEMOLITION AND MASS EXCAVATION SERVICES FOR THE SPRING STREET PARKING DECK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes an amendment to the contract with Baldwin & Shell Construction Company for demolition of the Walton Arts Center Administration offices and excavation of the site for the Spring Street Parking Deck. PASSED and APPROVED this 15'' day of July, 2014. ATTEST: By: )japx, A,4� SONDRA E. SMITH, City Clerk/Trpjwj4v,,� K / TR�� r ; FAYETTEVILLI ,�P"a �� • 9if% � F'� � '�' frANSP �,., City of Fayetteville Staff Review Form 2015-0190 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wwin � �Vell (Wqe Ddw-A rL IZO-14 1153-14 Jeremy Pate 10/6/2014 Development Services / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Change Order No. 2 with Baldwin & Shell Company for parking deck construction. Account Number 11028.1203, .1301, .1501,.1601 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Parking Deck Project Expenses Fund Entertainment District Parking Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 9,387,691.00 $ 9,203,636.79 $ 184,054.21 $ 6,764.00 $ 177,290.21 V20140710 Previous Ordinance or Resolution # 135-14; 183-14 Original Contract Number: 2281 Comments: Approval Date: d-uQ CITY OF Tayte ARKANSAS TO: Mayor Jordan THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Chris Brown, City Engineer DATE: April 7, 2015 STAFF MEMO SUBJECT: Spring Street Parking Deck -Change Order No. 2 to the Contract with Baldwin and Shell RECOMMENDATION: Staff recommends approval of Change Order No. 2 to the contract with Baldwin and Shell in the amount of $6,764.00 for construction of the Spring Street Parking Deck. BACKGROUND: Baldwin and Shell was selected in April of 2013 to provided professional construction management services for this project. In October of 2014, the guaranteed maximum price of $10,522,106.00 was established by Change Order No. 1 to the contract. This GMP included several allowances and unit price items, to account for unknown site conditions that may be encountered during the excavation and foundation work. DISCUSSION: Since the initial GMP establishment, multiple items have been identified that have impacted the GMP. A summary of these items is as follows: Item Increase/ Reason (Decrease) Drilled Piers $6,190.00 Small Cavity Found during Drilled pier excavation Elevator $2,201.00 Required to Meet Fire Code Changes Drilled Piers $17,242.00 Shallow rock encountered -additional rock drilling reqd. to meet min. shaft depths Door ($1,962.00) Removed unnecessary hardware from parking garage Frame/Hardware doors Revised Cistern $11,313.00 Rain harvesting tank relocated due to structural concerns Location at original location Elevation $1,780.00 Elevation error by Design Engineer -to be paid by Garver changes Shoring ($30,000.00) Shoring Not required -allowance credit Allowance Credit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The net cost of these items is $6,764.00; the proposed change order will change the GMP by this amount; therefore, the new GMP will be $10,528,870.00. It should be noted that $1,780 of the change order is as a result of an error by the design engineer; Garver will be submitting a check in this amount to pay for this error. It is also noted that staff is working on several additional items, the sum of which will likely result in a small credit to the project, which will reduce the GMP to near the original GMP. BUDGET/STAFF IMPACT: Funding for this change order will come from the contingency funds established in the project. The current amount of unencumbered project funds is $184,054. Attachments: Change Order No. 2 lA Document G701" - 2001 Change Order PROJECT (Name andad*ess): CHANGE ORDER WNBER: 002 OWNER- rl City of Fayetteville Entertainment District Parldng Deck 229 North School Avenue FayetteviI14 AR 72701 TO CONTRACTOR (Name and address): Baldwin & Shell Construction Company 593 Horsebarn Road, Suite 100 Rogers, Alt 72758 DATE: March 23, 2015 ARCHITECT'S PROJECT NUMBER. 11047180 CONTRACT DATE: April 16, 2014 CONTRACT FOR: General Construction THE CONTRACT IS CHANGED AS FOLLOWS: ARCHITECT: ❑ CONTRACTOR ❑ FIELD: ❑ OTHER ❑ (Include, where applicable, any undisputed amount attributable to previously execard Construction Change Dirwoves) 1. PG: Drilled Piers — Cistern Well Cavity.....................................................................................S 6, I90 2. PG: PR#2 Elevetor Changes Option # 1.............................................................................. .S 2,201 3. PG: Drilled Piers — Rocic Excavation...................................................................................... $17,242 4. PG: PR#3 — FramdHardmm Changes................................................................................ (E 1,962) 5. PG. PR96— Revised Cistern location ...................... .............................................................. $11,313 6. NIB "hell: PR#7—Elevation Changes.........................:.....................................................S 1,780 7. PG: Unspent Shoring Allowance .........................................................................................($30,000) Tote! $ 6,764 The original Guaranteed Maximum Price was $ 447,948.00 The net change by previously authorized Change Orders $ 10L074,158 00 The Guaranteed Maximum Price prior to this Change Order was $ 10,522,106.00 The Guaranteed Maximum Price will be increased by this Change Order in the amount of $ — — 6,764.00 The new Guarantied Maximum Price including this Change Order will be $ 10 52 870.00 'the Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is October 22, 2015. NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Garver LLC. Baldwin & Shell Construction Compaa ARCHITECT (Fbm name) CONTRACTOR (Firm mama) 2049 E. Joyce Blvd, Ste 400 Fayetteville, AR 72703. ADDRESS ms.osn u:a.wmm UY (wgmeture) Ron Petrie (Typed name) March 25, 2015 DATE 593 Horsebarn Road, Suite 100 Rotate. AR 72758 Patrick Tenney, (Typed name) d3 •Z4-• 2o6* DATE City of Fayetteiville OWNER (Firm name) 113 Widt Mourdal� Lioneld AUA Dacumsnt 0T01 T".- 2001. Capynght Ci 1979, 1987. 2000 and 2001 by The American Institute of Architects. All rights resolved. WARNING: This A1As 00cwnent Is protected by U.S. Copyright law and international Treaties. URzuthortred reproductlon or distribution of this AIAe Dotuman , or any portion of I; may result to severe civil arw oriminat penalties, and will be Prosecuted to the mexlmum extent possible under the tow. This document wan produced by ALA software at 18:99;28 on 03/281201 Sunder Order No.3970906734_1 which expires on 011=2016, and Is not for resste. (1938937356) AIA Document G701— 2001 City of Fayetteville Entertainment District Parking Deck CHANGE ORDER NUMBER: 002 Page 2 of 2 Boora Architects, Inc. ARCHITECT (Fi m name) 720 SW Washington, Suite 800 Portland, OF, 97205 WXD 1' (Sign u Michael Tingky (I Fed nature) - V �. . DATE q c \ JG000000@mn@20 <00000 � +«zzzzzzz==zz� o�_000 $ k ¥ k } ) � a Lj f 2 8 k } ® ' C, wC k\kk \ \ � ©# � 2 kekk2kkkkf2kkk '0.0-mmmv mmm a fa ©�«<�««a<<«« CL an.I \ iaa�a�&C'Dto©©©00 )gmn§Q0440 QQ \§ \ § �20 ■� 0 \ ` - o-;== CC co e� , © } CM CM2) 014 0 ` IM - 3/E/§§kc«at=a c7.2 ;■ c § a§2�§■�■�%%§�� M£§�§`22 \ SS�$ik£ \fa�2�§afes.om �±LU I=W9- \�72kl2kkkkk�. »a�a.to0.00aa-&ate }§)}CLj �9 e- Ua §�w■�usu k�k�ok�kkkkgo mEww s q � J k U „t�i ra#a Atli r; • CPMlnl Atr,',wsuo 11hi-;nn-i far [t4C!>4.e. � vica<_ QiYi?i�b BALDWIN NELL CON5THU-CT10N Car4PANY NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- January 16, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK r;, wnam 9 North School Ave. `Fayetteville, AR 72701 i► C'_-C.:IQ�n owr AA A •7n CAC A,lAL �+ San ''i ' e`„i� n;l: f3:z .".kU ara-or�:,nn�n,.� 'a'YJ �-11' .7Ubn'f1fted, 7+,40:�,.�e:=r:_..d e�r��Y fir`'-, F!a ye..'�e..e.n,4r.:s�i�'t:ts;_•r"..%i' Jeremy Pate CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE,AR 72701 The following item or items have been priced based on the following: 'cP%�iding`cf;ange orde�yNoa3,'�; Descrlpfion, tr1`r �M t: x �' ? s' � 'i ” rREA stt t? 4 Drilled Piers Cistern WellCavity °'EE' iPendlin Change"Ord'er;°Itein �� _AAddttlonaontract,Days `, it^ � i . }--- s I A provedi 'y�� �4 w -„ rcG:a1Tsp�S'um��? M1f+il Laaa,!113�Y�4 '� �H f]i Lpi�j��+ JS5��fl: 4t.,,{a Y1 2.-x,ILC iw 'i" S1, ITi9yy,¢5:���''I��i, � ��-.M"yRl_�?:dwa� �" 'u4aawsu. `H1.'�' sS�•j LT;4'� +d+a�y�{{!! ,-rt ,..R:� 1 : Drilled Piers -Cistern Welll 6190.00 Cavity Comments: —=1 Submitted by: Approved by Verbal Written Mike Casta na Title: 1/1612015 Date: Project Manager 479-845-1111 Phone Project Manager Fax 479-845-1115 Project Manager 479-644-9006 Mobile Project Manager mcastagna@baldWnshell.com Email See attachments: Corbog Co ied: vm ,tmIdMnstic-Tcom CorprVe 09110e • Cr,.Wfil Ar!ansa`e DhOsion a NailhNasl Arkansas i hd3lan • NorPmesl ArFzns::s Division Services Dlvisloq NaLOWIN HELL EONSTRUSTION COMPANY Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor: Baldwin and Shell Construction Date 1/16/2014 Description of Request: Cistern Item Qty. Unit Labor excluding Material including tax Other Subcontracts Drilled Pier Work 1 LS -hurden 5,702 Bond & Insurance 1 LS 166 SUBTOTAL 0 1 01 166 1 5,702 Total Labor, Material, Equip and Other OH & Profit Total Subcontract Fee 5% TOTAL COST $166 $0 $5, 702 $322 $6,190 FF DWEST IiNDAT10N5 Change Order Request Job Name Sprinq Street Parking Deck lJob Number #14-W Contractor jBaldwln & Shell IChange Order 1#1 General Work Description Obstruction Drilling 1 Permanent Casing at Old Well Date: 12/11/2014 Summary: An old cistern well was discovered while drilling one of the pier foundations. At the direction of the geotechnical engineer and general contractor, we placed flowable fill for the void and Installed a permanent steel casing pipe for this particular pier foundation. LABOR SUMMARY Labor 1 $ - MATERIALS EQUIPMENT OTHER SUMMARY CITY UIM Item Unit Price Total 2 HR Obstruction Drilling Crew Rate including Drill Rig) $ 750.00 $ 1,500.00 5 CY Flowable Fill for Void $ 76.83 $ 384.15 20 LF 34" Diameter x .312" Wall Steel Casing Pi $ 111.50 $ 2,230.00 1 LS Casing Freight & Prep from Joplin Shop to Jobsite $ '750.00 $ 750.00 $ - $ - $ - Total iW E/O $ 4, 864.15 Subtotal $ 4 864.15 5% Overhead $ 243.21 10°% Profit $ 510.74 GRAND TOTAL $ 5 618.09 Fapn� 1-S�o ��i.oD LU 0 cc cc LL N ti W 3 4 0 3 Q � x V = A a V K C1 J w Ej d F N N F F= F a d - F= P. F2 F�- F9- f= . ►= m 6 m a�_ m Q o S a Q = 2 � a3 � m o a ao 1% u. 3 o 3 z z z a o ,w V) C 1 P'f 4r W t+ CTY m t�l yr Pl to tV m a Ul J e c c m LL rn Q a a 9 .� co L.�a i ZZ o C7 M li m m 0 f i r M C1 iA , � G Lo cn 17 U) co RL OPS SALES COMPANY OPS NATIONWIDE SALES PIPE QUOTE 1 2/23/14 Midwest Foundations PO Box 378 Topeka, KS Phone# - 785-233-0726 Fax # 4035 Attn :Chris Re: Material Quotation for replacement pipe 20 LF of 34" ID X .312" wall steel pipe with a " heavy end' FOB — Joplin, MO Kurt Bolliger Director 4@$111.50/LF 7227 DEVONSHIRE - SHREWSBURY, MO -63119 - PHONE: (314) 771-3177 - FAX: (877) 665- 3177 OGCC GCC READY MIX 1-191tb�oin MIDWEST FOUNDATION COMPANY P 0 BOX 378 TOPEKA KS 66601 INVOICE �i,� r 1:'ti `Y'a t� n Invoice Number: Invoice Date: 1421446 12/10/2014 r, Invoice Due Date: 01/09/2015 -' Page Number: 1 DEC 15 Purchase Order: Customer Number: 8298 Terms: Net 30 I N V O I C E Project Name: # SPRING STREET PARKING DECK Delivery Address: SPRING STREET PARKING DECK F Project No: 062.0001 Item Number Description U/M Qty Price Total ---------------------------------------------------------------------------------------------- 1050625 4000 PSI 3/4 cy 16..00 94.75 1,516.00 G194 ACCELERATED SET --:P FmvjA&.c FILJ- . cy 5. D0 70.00 350.00 Ticket number(s) shipped from plant 62 L1'E 1� * 6239798, 6239799, 6239822 6239826 �3 a 'TA x Please Remit Payments To: MID CONTINENT CONCRETE CO INC P.O. Box 671612 DALLAS, TX 75267-1612 PQSIED Net Invoice: 1866.00 Tax Rate: 9.750% Sales Tax: 181.94 Invoice total: 2047.94 TO INSURE PROPER CREDIT, TEAR AT PERFORATION AND RETURN THIS PORTION WITH YOUR PAYMENT For Billing Inquiries Please Call (918) 582-8111 Invoice Number: Invoice Amount: Discount Allowed: Customer Numbez: Customer Name: Project Namo: .Purchase Order; 1421446 $2,047.94 8298 MIDWEST FOUNDATION C I# SPRING STREET PARKING DECK GCC Mid -Continent Concrete ------------------------------ [For All Other Correspondencel IPlease Fax To (918) 560-4612I lOr Email To Creditegcc.com I ACWUN17NO COPY TULSA,,OK 741Q2. J�9fd.-tnnilnent , 918582.6111 Codcrete Co. Ybtr F' U= IMNM 1AFRVE,011 WAIN POUR E0475W—TWASH IWAVE" AFSi1VE PLANF WATER xxna AT cuu mr tws REQUEST aAt L= r�• 6S'RM4631 SLUMP AT UNLOADING 01CFtM : K 3autima CjgrT=t powder or freshly mbmd eor ete, bgroouutt or mortar may came akin Irgay. Avo14I contact with skin and wash exposed" due p unpuy wfth water. f any cemant•powder or mlxturs pate into the dyad, rinse immeOlutely and repoatedly with water and get prompt medical attant►on. ' (aep ghlldran away from cement powder d ail • bt cgp�gtj%ucts. W/t NC1 1 MIX GN 11iG JG$ WRL RE AT THE f;MCHAW" F= n the event of deflvety beyond clirb ]Ine. Ws bompany Wd1 not as W69 4AUty for damages to aldewak drlqMV. uUMv Brim meters, a** system or any ottrar -� •�fh pet esx�h mstetielp aehaY be ropy iha p�haser � tdse�w�lth a of the the re(u�dth�.� . . 3therwlse reealpt of such metetlals and the stgnatua a<the a'a agent shall precRrda arty ersd e!1 dairrra by prrr ' Oo car�celistlan accepied crier carrcrsta has boon Loaded to ca+7ier'a truck at txrr plant - .'' - . 3upptter NAII rrmnufaenua eortasta.ln a rnennsr awtstateitt with ihB care atld �k11E ordlclarKy axaroEeBd tilt ot}ser-lor�al maewtaottrrers under strrrRar condltiona. iupptler grid Pnrdlpaer egteB that they artll not be flahk ba traoh ether a to thhd parties, under >� drournstatw�, for apadal, mnaequerrllal, ar punitive lartm0esarjslnp.wt4isuotic.peikmned or rtmtaia',a fxovHad.6Y Srr�lar uisi�ihls�prxattase tinier. No athat warr�sty ertpressed or hrtptlad is made or intended ��� ry Supppar, arzd Brrpplier explicitly re�aCks »nY addsionel tarins �,00rrddiorrs. In the event Supplier tt found Ikahle t0 Purchaser for arty reesoet, Supplla"s aabmly .� AQII rear exwrrd the aalCum of SupplieYa afwrgsa for the work•performod'or materials provided on the pro)ac!• ` A- .949930ro��-T I M MA RT 14 XICKET NO. %�16239826 r~ aFra eusroetea No. Cu8Tomm PA. OR Jog NO. CIADM NO. PLANT 121a/2014 8298 0075. ;19T010:1 WME ti PPA3.WT NAM C+ m. v TIU" NO- MIDWEST FOUNDATION 0 SPRING STREET .00 .1I16 068030 LOB AUr7RESSS. 'M CCAE TIME MM ON JOB . O ,RINB STREET PARKING DECK FAY S, 0 1.523' i�Er2. 00J�1 ' QUANn7V 7OD1Leh PRODUCrOODENO. mmaunm UW-PMM AMOWt• l8 FILL .. u ;�� APE I.ERS�IC MH 7i8 N TURN -LEF1 {lht SCHC©L AVE-BEFORS eve -To. run -` PI-Z?-A HqT; L ONJSP R I NIA, R I NETq .IRH • - - •. 1'O'CALAdd01�iT • Tlrku k 'Driver' Us'ar, 'Di -so, Tlicket, Num Ticket ID Time Date ` '111.6. - - -066030 uSdK--- _." 62398,26 Load Size Mix Cadei Retur,�ljvd Ott- Mix Age Seq Load ID c-00 CVDS S194 D 2a477. Naterial lxeai Qt Re uirad Batched >: Var Aatsture .Actual Nat Cfli 2 " •• •i10 lb 50 ••lh 495 16 4 -I,M , . - 81Ei 14799 Ih 14700 I b - L 67 16%' N - 61 gl WATER., 65.8 g1 '1610 31 i0m gl 0.56% f" 109.E gl 40N- M ' 1 OL N IC 92 41W 0E az E, W% - Artt�ai Ault Hatches. • 1 1laflual 15;i 9155 �Fats g�91sd h Qe+ ' n g i er! 5.47g fi B l }70.2 Sluap: • aen sign ,� ua; gl To. Add: 6,0� in racer .�nl>eki.0 at ;us ilatert 8, g1 !cap Triiater: -9,0 - r2l,scf3le is ce:• Cfnillzd At 6r':s,?s �;ri i;c ti:;s;:�o::�I. A.rkaiis;is Dilisio.r-� tdt:rtIitsesT'/lrkgiisa:; fllVis4r�n C^:n �iluv�:G�: :i r°rira3 Uici„rn BALBWIN&�NELSL C0NSTHUCT10N0M.PANY NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- January 14, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK 229 North School Ave. Fayetteville, AR 72701 Ira 14Fl�lIIMT:JEfr?��R�l� II �,INl.rI � d Rri p 017n OAC -44A4 A7n OAC 444C Submitted Tor 1 _ .S. ..�,s,4 fr 8ca i•, WBiw... Jeremy Pate CITY OF FAYEfTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE,AR 72701 The following item or items have been Priced based on the following: rPendln ,C>tiarl B OCdeF�IG"� ° De n",s� �: �,x � 3���� a4 r`a'� � �".,h�a«�• �•yim cr �,.r-e M y,� ��. 5 _ PR #2 - Elevator Changes Opt. 1 - 'Pendif7 Chan�e50rde Item>xAddrtionai � - 9r Zr s'L4.tn '�Yi�k,■' : 4`�`t� c S 'a` '�' � ContractDa 's` y r ,ii"s .t`•` r� ° "' S `y'�y: I Pp o [ w-1 f A r ve .� r$ ��t� '" "' ump�Sum f��rf .Ck<�" r . �''cy� ^.'Yx• ♦ir+ii t._'.3M x �.i5. •d eYef.�"�w y)r��'w} ," 'Cr;".4f4_ryi ,. i4 fr..y avi , �t:S :�.{.}�.�r j- ..F�� 1 : PR #2 - Elevator Changes 2201.00 O t. 1 Comments: Submitted by. - Approved by. UVerbal Written Mi a Casta na IF Title: 1 /14/2015 Date: Project Manager 479-845-1111 Phone Project Manager Fax 479-845-1115 Project Manager 479-644-9006 Mobile Project Manager mcastagna@baidWnsheil.com Email See attachments: Carbon Cooled: Corrjorm Oflk�f; • Central Arkansas Division • h'mthmsi Arkansas Divi3lrm • Norihvres; Arijps(ss Division •Con;3rurfirn S6rvicrs DiviHart NALOWIN SNELL c0NSTRUCT10N c0MFAHY Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor : Baldwin and Shelf Construction Date 1/14/2014 Description of Request: PR *2 Item Qty. Unit Labor excluding burden Material including tax Other Subcontracts Elevator 1 LS 1,800 Door Frame 1 LS 378 Masonry 1 LS 150 Bond & Insurance 1 L5 58 SUBTOTAL 0 378 58 1,650 Total Labor, Material, Equip and Other OH & Profit Total Subcontract Fee 5% TOTAL COST $436 $0 $1,650 $115 $2,201 Change Order Change Order Number: J1565-004 ` Job Name: SPRING STREET PARKING DECK Job No: J1565 To: BALDWIN & SHELL CONSTRUCTION From: BLAKE LEE Schindler Elevator Corporation Address: 593 HORSEBARN RD STE 100 Address: 9445 STEVENS RD STE 100 ROGERS, AR 72758 SHREVEPORT LA 71106 Attn: MIKE CASTAGNA Phone: 318-655-1103 Fax: 0000000000 Fax: 318-631-3468 Email: Email: Blake.Lee@us.schindler.com Date: January 6, 2015 Summary: PB's Scope: Relocating the push buttons from the jamb to the wall +- 1' away from frame. Total Cost: $1,800.00 This Change Order amends the terms, conditions and scope of the Agreement for the referenced Job. By execution of this Change Order, the Contractor / Purchaser accepts the contract price change ! scope change 1 schedule change described herein. Except as expressly modified, all terms of the original trade contract / subcontract shall remain In full force and effect. Please sign and return a copy to our office as approval and authorization by Subcontractor to make the change(s) in its Scope of Work. Contractor BALDWIN & SHELL CONSTRUCTION Signature of Authorized Person Date: Subcontractor Schindler Elevator Corporation Signature of Authorized Person Date: By: (Type Name) Title By: (Type Name) I " C L I A — — 2101 South Arkhaie Dffve Springdale, Arkansas 72764 Phone: 479-756-1000 O M N 1=a)c 479-756-1044 F COMVA' VY In Business Since 1951 Building Specialties TO: BALDWIN & SHELL PROJECT: FAYETTEVILLE PARKING DECK PR #02 LOCATION: FAYETTEVILLE, ARKANSAS PHONE: ARCHITECT: FAX: ATTN: R N PHILLIPS We propose to-turnrsn the tonowing matenats as per plans ano specmcauons on me rererencea project_ uur paces are r.v.tr. smppuig Pornr with freight allowed to the Jobsite or nearest commercial carrier delivery point and do not Include taxes or installation. We cannot accept flabiltty or failure due to strikes or other causes beyond our control. PR 902 PRICING CHANGE METAL FRAME TO SPECIAL PROFILE .................................................... ADD ..............$346.00 + TAX } 3 T T 2blti.........................................................................................::........................... worn + i ALL PRICING BASED O SUPPLYING MATERIAL ONLY NO INSTALLATION OR T We recognize Addendum Number(s) 0 Page 1 of 1 The above prices are valid for 30 days from the date heron after which time they will be subject to nevig c Accepted: By: Date: wort mpany Mice Verucchi Date: December 11 2014 Tannehill Masonry Inc. Email: tannehillmasonrONmail.com P.O. Sox 773 Elkins, AR 72727 Phone: 479-957-1897 Contractor's License #0027520315 December 19, 2014 Proposal Request No. 2 Parking Deck, City of Fayetteville Price includes: Item Z �a If we use a 6" CMUWall instead of the 12" Wall that is shown on original drawings - $150.00 (Deduct) 0�10A 1 If you have any questions or concerns please call Jeff Tannehill at 479-957-1897. Proposal Request Number*X 02 City of Fayetteville Parking Deck Date: 11 /24/2014 Item 1: See attached AS-01 for following changes. 1. Change the size of the Hollow metal frame per drawing. 2. See drawing for clarification on location of stainless steel jambs per elevator manufacturer's drawings and information. 3. Relocate the control panel, due to location of the frame for fire rated door and frame. 4. Reduce the size of the CM U wall per drawing. 5. Hallow metal door and frame remain rated at 90-minutes and are painted. Magnetic hold -open remains as originally noted. Size of the HM door remains as originally noted. Item 2: See attached AS-02 for following changes, in lieu of item 1. 1. Change location of the hollow metal frame to avoid obstruction of the elevator control panel on the stainless steel jamb. 2. Increase the width of the hollow metal door to 4-4" 3. Increase and relocate the notch in the concrete wall as noted 4. Eliminate the 12" CMU wall. Coordinate with extend of the magnetic hold -open extension. If the door can't reach the magnetic hold open, provide a 6" CMIJ wall. Note: Final approval of the elevator submittal will be determined by the outcome of this proposal request. Laleh Amirmoez. ALA AFHJ Architects Post Wim Box 810 ' Fa►ecte+We; AR I2702- 100 West &&ter' Suite =9 facsimile 79.442M4} WE .•1�-0w I 1 I I � ��� I I l �Z d I I I I I C I I I l k a� I I I I I k 46 I I I 1m I I I I I m m y F m v � a c� aR _ O a z m � o � 7. mXXX L 4 p Q. • p 2�o C•m�." CC ,D ap Paz .D F9 _ z 0 AmirmoezFosterHaileyJohnaon FAYETTEVUE, ARKAivSAS AS- 01 CITY OF FAYETTEVILLE JA DATE 11124W4 APR- on SPRING STREET PARKING DECK PR- 02 Architects Planners WE N if 1' ni0_ H agoa F z F: FAYETTEVILLE, ARKANSAS CITY OF FAYETTEVILLE SPRING STREET PARKING DECK V D V-Cr I m,. loom z c a v g � 4 $ Z � I I I I I I I I I I I I I 1 3-"x rn 4' AsninmoezFosterH"eyJohnson 09 1 Architects Planners D v AS- 02 DATE 11/24M14 APR- m PR-02 C:c-nk rree rTu. ! kii1raf ,Air-ro Is YISi it • i+d:i .1 l t i$EAsB I Qfi"�? i,r • �J�Jflr lti'Si Ai �rlS;y kZfGE11.QR (�115 I1{ ti 1'Rii!3 BALDWINAwk SHELL C0N3TR6'CTIGN C0tdPA9'Y NORTHWEST ARKANSAS DIVISION, 593 HORSE13ARN ROAD, SMITE 100 ROGERS, AR 72758 2258- March 13, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK r _229 North School Ave. : F , Fayetteville, AR 72701 iR.IFh �V NMAT'- iSiRWr'I�1�d�i111NEW, 7i��n o�c ��a� Awn OAC a+,(c i U4 hip p1 '!n'r! j r i 4 ]J r i !k r Seibrrliffd T.or4�,M a a,� _ , ._�,ialiG�s� a :, .�;*yu r, Jeremy Pate CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE,AR 72701 The following item or items have been priced based on the following: Qn.dirsg_'Chang,Ottler,_No�°Iaescrrption r�'is;�`I ..�t1,�"my 7I Drllled Piers - ElevationstRock :11w Pencling�Changel0derltem"x's�■Aildifianal,Conf"ractrbays;Ii=A�)roved N W�yN I r ry-{ - rK r "L HIM. m-i- -, Eiy" n r f FL3itrxtySurn' y A a is r § 9 § 1i i�? 3GINtl, 1 : Drilled Piers - 17242.00 Elevations/Rock Comments: Submitted by: Approved by. VerbaE Written L�g a4aym Mike Casta na Title: - 3/13/2015 Date: Project Manager 479-845-1111 Prone Project Manager Fax 479-845-1115 Project Manager 479-644-9006 Mobile Project Manager mcastagna@baidwinshell.com Email See attachments: Carbon Cooied: L�,,•:v,�.bgid�:9:,��,, �t.cvm Carf,erete Orllce • Cr:mral Afk nsu Oiv;shi • HnrSAeasl Arkansas Division • lftlhwe,l Arkansas 91visinn • CrOWMFUCOOIJ 5erv€ces £rivislnr, BALOWIH HELL C0NSTRUCT€0N COMPANY Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor: Baldwin and Shell Construction Date 3/13/2015 Description of Request Drilled Piers Item Qty. Unit Labor excluding burdentax Material including Other Subcontracts Elevation Overages 1 LS 0 Rock Excavation 1 LS 17,242 Bond & Insurance SUBTOTAL 0 1 01 01 17,242 Total Labor, Material, Equip and Other OH & Profit Total Subcontract Fee TOTAL COST $0 $0 $17,242 $0 $17,242 rJ�IRI l O� pRn �s In m k }� g k F C mc'o ci9 oQ9: vdi:i N NSNNN� •N Jppf N � Y1 N laAl Q N N N VV $ %4 �t$.�,.9r85i:°��..ro��'.°,I8�918�$g8pi• 00000000poOp.l <+G .-Im-1 m o0 R g q N Q Q Q � t� N aa'MMMI111111va N N v'i �+, 4bt rpNm�1 rm�.i [pRvp{ m N vpgl app ap Zvi m p .n 6 ��^j bpi rp�ry �i, i°o', �Q �i, 14 �14 .A r4i 14 N +n/L NNNN ynj � ip N l0 � � � Ill � N N �f1 i71 � � � y� N N N e/� VY tNi� vNi N N lit N ltl YI �1 Ill lO � V1 J1 00 b 00 N ry Ip � � N NI IN .ml -! 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V V m 4¢ Q 4 Q d{ if V u U 4 m Grubb4Hoskyn., BartOn ,INC. CONSULTING ENGINEERS December' 23, 20-14 Job No.: 1.4-5304. City of Fayetteville_ i W. Mountain S,.:.4r.qet Fayetteville, AR 72701 Aftentioft: Mr. 1 kris BtoWii,P.E. P a Box 1248 Springdale, Arkansas 72765 3.41 West Cxmt dine Road 72764 (479) ?S6-5999 FAX.(479) 756-A 74 SUBJECT-. 69fLUM'P1ER:0BSFP.V-ATfQNS - FILIAL REPORT SPRJ-NG,5TREET PARIONG DECK Mr. Bfowri:, Please f rid a-ftkfi-ed. results of.'d. rrilledpiq q�servationsi performed at the.aproject from - ref6renced project December 4th through'December 18th, 2014. It is our opinion that the drilled viers have been :installed,,pbr-Proi.Oct..Pldris '6hd.§p&bifidiLfioh. ';Shbuld.X.ou. Eav'ela­ny'4Uestio'ris, Pled§6 d6h6T hesitate -to rdiftact'u—s. A ttachedYjAtes.-., :STB/ame-: Copies. Sdbmitted: City- of Faycttevihe Attn: Mr. Chris. Brown, F'..-E­'-,: ' Bald -Ain & Shell. Attn: Mr.. Mike Castapa Attn: Mr. Morris. Vines . . I-- I Attn- Ms.. Leslie Faun. Garve'r Attn': JeifWebb,k'E, Attft: Mr. David tl . emenf. P1. 1. through 4: Sincerely,, GRUBBS., HOSKYN` ,BARTON,& WYATT.- ML Princip4lXa4ager, S ..pHhgdate,.0ffi.ce (email' cbrown.(4fayette-,ille-at.gQy), ('email: mcas. - tagna.@b#ld* ell.xPiA). (email:mvines@baldwin§he1l.com) ('email: LFanx�5Zb0dMns'1-iel11-.coni)' (email:'djwebb@garyprusa,com) '(email: DMement@QarvetUSA.cor4) GedtFkhni.c.al arid. 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F- N CV ', C r_ w M O co 0 M O Ci d m 0 cn m m M a M C? co f 4` CO �- r a5 r co t- fO Ep to m CD {] m Q m U 6 1 N T T T V T T qr r �rL a a a N a 4 Liu r, a o a o 0 0 0 0 a a a a a a a a ,fig m CL 7 N CAS C4 N N N N N p C3 o C m I O 0 o a D a 0 0 0 0 i O 0 a 0 a a 0 0 a M a 0 0 0 O O O 0 Cil z z z z $ z° z° z° w o z z° z z° z° z z° z z N N N M T P �" U c� � cn m yr �� T tr r r r r r a f/i Y n ao i7 Eo EO EQ et ry , p Qm N N N W T co T II T r T U a r Y co CD �po m CUl)i c�+s Y cco eco cMh Y o �LO C9 cn m N ID r ti N bl Q u- T T Q3 C'D M cam] m M Cbr1 M M Q — a m ❑ a a ¢ ¢ ¢ b cN5 ��3[;l�f3tc! fit:Cd: ! i81fi.•GI A Nri "TO W'A INASS) N"'FO ttS1 yi"SOScL•i fl +IL (1;5 '•- LlJ,ili[I L:ti't1 �f, ;egTYiLNS (�177y1 OT+ BALDWIN HELL C04STRUCT.ltltt C17MPAWY NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- February 12, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK 11011" ,9 North School Ave. ,„ Fayetteville, AR 72701 C'IIONE kM.IMI..n I A7n o A c 4444 a-7n 0Ac +++c Jeremy Pate CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE,AR 72701 The following item or items have been priced based on the following: 9 PR #3 - Frame/Hardware Changes YPendii Yl� t `• • 1 - � ,� IN--1 t::e o'Ca9iCa'�er �Ap L. ,ict 4 K s , y K1N rbY %t 'hn LuPricS, umr,a+ 1 : PR #3 - Frame/Hardware Changes Ji -1962.QQ Comments: Submitted by: Approved by: DVetal El Written Mike Casta na Title: 2/12/2015 pate: Project Manager 479-845-1111 Phone Project Manager Fax 479-845-1115 Project Manager 479-644-9006 Mobile Project Manager mcastagna@baldwinshell.com Email See attachments: Carbon Cooied: Cornoraie dtllee • ::entrai 4rk�ns,3; Qivisipn • Nor1 iosl Arkao,,As Did3kin • Northwest Arkansn Civiaion • CnUIN,110a Servlees M-Asion B BALBW!HELL CONSTRUCTION OMPAHY Estimate Breakdown Project 2258 Spring Street Parking Deck Architect : Garver Contractor : Baldwin and Shell Construction Date 2/1212015 Description of Request: PR #3 Item Oty. knit Labor excluding burden Material including tax Other Subcontracts Frames/Hardware Credit 1 LS (1,813 General Conditions 1 LS (47 Bond & Insurance SUBTOTAL 0 (1,813) (47) 0 Total Labor, Material, Equip and Other-$1,860 OH & Profit $0 Total Subcontract $0 Fee 5% -$102 TOTAL COST-$1,962 THOMSON COMPANY ailfloing specialties 2101 South Arkhola Drfve Springdale. Arkansas 72764 Phones 479.756.1000 Fax 479-756.1044 In Business Since 1951 TO: BALDWIN & SHELL CONSTRUCTION PROJECT: FAYETTEVILLE PARKING DECK PR #3 LOCATION: FAYETTEVILLE, ARKANSAS PHONE: 479-845-1111 ARCHITECT: FAX: 479-845-1115 ATTN: MIKE we propose to turntsn the ra iowing matenars as per prans ana specnwauons on:ne reTerencea praiau . cur pnves are r.u.o. sniPpTng Puinc with freight allowed 10 the lobslte or nearest commercial carrier delivery point end do not include taxes or installation. We cannot accept Ilabllity or failure due to strikes or other causes beyond our control. PR #3 OMIT CARD READERS, ELECTRIC STRIKES, AND POWER SUPPLIES AT LISTED DOORS......................................................................................:.............:...........DEDUCT........<$1,763.00> CHANGE 8 FRAMES TO 4" HEAD AS LISTED.... .............................. .......................ADD.. ...$107.00 + TAX ...NO PRICE CHANGE ATTACHED. ARE THE CLARIFICATIONS AND CUT SHE REQUESTED PLEASE RESUBMIT THESE PER. ARCHITECTS REQUEST IS ALL PRICING BASED ON SUPPLYING MATERIAL. ONL.•YfNO INSTALLATION OR TAXI We recognize Addendum Number(s) 0 page 1 of 1 The above prices are valid for 30 days from the date heron after which time they will be subject to revisi Accepted: rx so Co a By; Mi a Verucchi Date: Date: January 14, 2015 :'•Clt: i'1 J�'. -';:C- Lert:,,, ;iPr,...:;i:S i ....•;i .� 1::'w.,, Ai1.r11h., liF, HuZ..: c•.I iC•o.1-23A • C-: SN7 L,. ';l Zl: BALDWIN NELL C0NSTRUCT10K C0MPANY NORTKWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 February 20, 2015 REQUEST FOR CHANGE ORDER Submitted To Jeremy Pate CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE,AR 72701 2258- FAYETiEVILLE ENTERTAINMENT DISTRICT PARKING DECK 229 North School Ave. Fayetteville, AR 72701 A7n CAC AA 44 A7A OAC 444L^ The following Item or items have been priced based on the following: Pending Change Order No. Description 10 PR #6 - Revised Cistern Location Pending Change Order Item E:: Additional Contract Days If Approved by Lump Sum Price 1 : PR #6 - Revised Cistern Location 11313.00 Comments: Note. Pending Change Order number and Pending Change Order Item numbers are internal tracking numbers within the Baldwin & Shell Project Management System- Actual Change Order numbering will be assigned by the Architect/Engineer or Owner's Representative. if verbal or written authorization to proceed with this pending change order is Issued please refer to the Pending Change Order and Pending Change Order Item in the authorization. Submitted by: Approved by: ElVerbal Wd ien LAI &&�/K& Mike Casta na f Title: 2/20/2015 date: Project Manager 479-845-1111 Phone Project Manager Fax 479-845-1115 Project Manager 479-644-9006 Mobile Project Manager mcastagna@baldwlnshell.com Email See attachments: Ca an i d: C::rnaraln 0!lice n Caatral Arl;arsas Division - iiarllte51 i�rFd:15a5 ,�1:r51611 - Nmth;:est.4rkanSAs fliVisinf • C.^.nstrL•rtian SPrvi:es M Total Labor, Material, Equip and Other $302 OH & Profit $0 Total Subcontract $10,421 Pee 5% $590 TOTAL COST $11,313 w�sinn DALDWlN SHELL CONSTRLfCTI0N COMPANY Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Con Mike Castagna From: Keith Roberts <jkeithrob@aol.com> Sent: Thursday, February 19, 2015 10:19 AM To: Morris Vines; Mike Castagna Subject: Cost of moving Cistern Tank to ramp location The price includes all excavation, backfilling procedures and installation as described by Cistern Tank Manufacture(Contec). This price only includes the additional cost the for Cistern Tank install in the parking deck ramp as described. Lump Sum: $18,335.00+ Breakout: Labor. $6,600.60; Equipment: $4,950.45; Material: $6,783.95 Keith Roberts I�dA6- 3'1° �->s0 Cell @ 2-1515 TO � keithrorob aol.com _ - Building Relationships P.D. Box 249 •' 903 ,South School Fayetteville, AR 72702-024.9 • 479-521-4886 • .Fax.479-52I-9022 www.fn.OLLntainMC6.com ��srpGra'p Q�i!c�: r ,ar:ii�i hr.an��.`u±ts_i�i: • hcr34e�eis.:Kauyas 7i:i>!en • Nar:iiwrsf Ar'aan.sas Df:is!aa • �a,nsr;�tirr. rL;3ri�at Ok4isi�r� BALBWIN SHELL CONSTRUCTION C0MPANY NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- February 11, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK _ h • . 229 North School Ave. Fayetteville, AR 72701 IQC/1��I'C.G�T Gt1CS f�lJ-A•1►f'^'C r1'iS,�1C: �-rn nA= 4444 AYn oer 4 4 4 M Jeremy Pate CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE,AR 72701 The following Item or items have been priced based on the following: raq+caws yFPending;Charlge Or1lerTlb �v v descriiptiailr"n;t •3 w... " ^""". 8 PR #7 - ElevationyChan e -"�'ending�Change,Orcllte"m 5, `� �Acidflonak'ContraefiFDay`5 tfr�4ppr�edy, �e"Lmp m` 1 : PR #7 - Elevatlon Chan a 1780.00 Comments: Submitted by: Approved by: ❑Verbal Written Mike Casta na Title: 2111 /2015' Date: 77--71 Project Manager 479-845-1111 Phone Project Manager Fax 479-845-1115 Project Manager 479-644-9006 Mobile Project Manager mcastagna@baldwlnshell.corn Email See attachments: Carbon Cooked: CciDcrate G911m • Cwntral Arkannsaa DiYisian • Northeast Aikaoszs Division • Ncrthwesi Arkansas Division • Construdhin Ser:ins DlVliioq BALDWIN SHELL CONSTRUCTION C 0 M F A N Y Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor : Baldwin and Shell Construction Date 2/11/2015 Description of Request: PR #7 Item Qty. Unit Labor excluding burden Material including Other Subcontracts Extra Gravel 1 LS 240 650 Expansion Joint 1 LS 60 Ede Forms 1 LS 320 132 General Conditions 1 LS 286 Bond & Insurance 1 LS SUBTOTAL 560 1 8421 286 1 0 Total Labor, Material, Equip and Other $1,688 OH & Profit $0 Total Subcontract $0 Fee 5% $92 TOTAL COST $1,780 -�SAIA Document G709 - 2001 Work Changes Proposal Request PROJECT (Name and address): PROPOSAL REQUEST NUMBER: 7 OWNER: OX City of Fayetteville ARCHITECT: Spring St North Liner Building r. f. DATE OF ISSUANCE: February 10, 2015 CONSULTANT: F OWNER (Name and address): CONTRACT FOR: General Construction City of Fayetteville CONTRACTOR: CONTRACT DATE: April 16, 2014 FIELD: ❑ FROM ARCHITECT (Naine`and ARCHITECT'S PROJECT NUMBER: 772E OTHER: ❑ ' address): Polk Stanley W11cox Architects Fayetteville, Arkansas TO CONTRACTOR (Name.and 'address): Baldwin & SliefJ Consfrixtion Co. Little Roc AR 72205 ". 7. Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within Seven days, the Contractor must submit this proposal or notify the, Architect; in writing, of the date on which proposal submission is anticipated. � :•. , 4 THIS IS NOT A:-tk NGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. =? DESCRIPT ON (Insert'a;written description of the Work): Pnavfde pricing`!or tho.'revislon to the basement slab plan of the North Liner Building revised to match the - existing Walton Arts Centsr slab..`,,I �• ATTACHMENTS (L61 attached documents that support description): SDA- i REQUESTED BY THE AR CT: f i ' Jack Reilly ,. (Signattr e) ' ✓ . (Printed name and title) AIA Document G709' - 2001. Copyright O 1993 and 2001 by The American Institute of ArChftects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Trestfm Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result In savare civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 310:23 PM on 2 1=015 under Order No. 6749105837_1 which expires on 111t3W14 and is not for rasals. ejooq mom r (�1 i tdZ[YY w!M�W vnuxl H sR I'1ONI011fl9 ssnrm H3NY1 H-LUON N330 DKNElYd -O3MIS ONIHdS uro Z-.SZ Y i Ln z} 41 I ! r u yr rr } �- 4 i aFi 0 � � Z3 I I 8 a (n Q oo N6 4? ICJ ¢ z TFz- d w z r I �l wsxmTL fL wQ IV-o7� m CQ� Spa � z b- EE d ~ ym i �¢u F�-°rz = N ,�ul w r+i d$a ��w�U�R� du`� II icScwr! zw<<mu f � i IWM3 m •n•� •7.IL s;,aL .ZlL L i•,e .L •n'd ` 4 , +` m .bt m f „ZJL a,8 �l-, .ZIL Lh9.: 'A'd �7 eJ (J 'JP To ..- J ga�dWtrt � ftII ftqe Ov�er3 City of Fayetteville Staff Review Form 2015-0272 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 5/2/2015 Development Services / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Change Order No. 3 with Baldwin & Shell Company for parking deck construction. Budget Impact: 4560.9560.5804.00 Parking Deck Project Expenses Account Number Fund 11028.1203, .1301, .1501-1601 Entertainment District Parking Project Number Project Title ti Budgeted item? Yes Current Budget Funds Obligated Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ - V20140710 Previous Ordinance or Resolution # 135-14;183-14 r/ Original Contract Number: 2281 Approval Date: v Comments: 0 CITY OF Taeevie ARKANSAS TO: Mayor Jordan THRU: Don Marr, Chief of Staff FROM: Jeremy Pate, Development Services Director DATE: June 02, 2015 STAFF MEMO SUBJECT: Spring Street Parking Deck -Change Order No. 3 to the Contract with Baldwin and Shell RECOMMENDATION: Staff recommends approval of a no -cost Change Order No. 3 to the contract with Baldwin and Shell for construction of the Spring Street Parking Deck. BACKGROUND: Baldwin and Shell was selected in April of 2013 to provided professional construction management services for this project. In October of 2014, the guaranteed maximum price of $10,522,106.00 for construction was established by Change Order No. 1 to the contract. This GMP included several allowances and unit price items, to account for unknown site conditions that may be encountered during the excavation and foundation work. In April, Change Order No. 2 was approved, to reflect credits for some unspent allowances and additional expenses incurred in the initial months of construction, a net increase of $6,764.00, which was paid for with contingency allocated for the project. The current GMP, reflective of that Change Order, is $10,528,870.00. DISCUSSION: In subsequent months, several items have been identified that require revisions to the contract. A summary of these items is as follows: Item Increase/ Reason (Decrease) - NLB AudioNisual $0.00 Paid for with NLB contingency Rough -in NLB Hardware $0.00 No pricing change Changes Omit Fire ($346.00) Delete two fire extinguishers and associated cabinets Extinguishers with approval of the Fire Marshal and Cabinets Roof Drain $2,115.00 Added roof drain and changed parapet design to light well of basement roof Roof Insulation $5,250.00 Additional insulation to meet R-20 roof requirements Mailing Address: 113 W.-Mountain Street www.fayetteville-acgov Fayetteville, AR 72701 1 NLB Electrical $0.00 Credit to NLB contingency Credit Meter location $3,529 Meter pedestals relocated per SWEPCO requirements Undercut and ($3,350) Reconcile remaining undercut and rock allowance, to Rock Allowance i credit eroject Abatement ($2,477) Reconcile remaining hazardous materials abatement Allowance allowance to credit project NLB Temporary $0.00 Temporary chiller installed for finish -out of NLB; paid for Chiller with NLB contingency NLB Sprinkler $0.00 Credit to NLB contingency Heads NLB Ceiling $0.00 Room 016 ceiling modifications requested by WAC. Paid Modification for with NLB contingency B&S Contingency ($4,721) Credit for use of Baldwin & Shell Contingency See attached materials for detailed information, including cost additions/reductions that show a $0.00 net impact in the change order. These items are being credited to or paid for with contingency funds accrued by the Walton Arts Center with reductions in other portions of the project, and remain within the overall GMP where applicable. The net cost of these items is $0.00; the proposed change order will therefore not change the GMP of $10,528,870.00. BUDGETISTAFF IMPACT: There are no budget impacts to the project from Change Order No. 03. Attachments: Change Order No. 3 , V!e* AIA IP� Document G701 - 2001 Change Order PROJECT (Name and ad&ess): CHANGE ORDER NUMBER: 003 OWNER: ❑ City of Fayetteville Entertainment District Parking Deck 229 North School Avenue Fayetteville, AR 72701 TO CONTRACTOR (Name and address): Baldwin & Shell Construction Company 593 Horsebarn Road, Suite 100 Rogers, AR 72758 DATE: ,May 28, 2015 ARCHITECT'S PROJECT NUMBER: 11047180 CONTRACT DATE: April 16, 2014 CONTRACT FOR: General Construction ARCHITECT: ❑ CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (lnclyde, where applicable, any trtdGsprtled amount arn•iburable ra previorcrty ecectrted Corurrtrctiorr Change Directives) 1. NLB: PR# I Audio Visual Rough -in (from NLB contingency) .................... $0.00 2. PG: PR#4 Hardware Changes (No Credit) ............................................ S 0X0 3. PG: PR#5 OMrf Fire Extinguishers & Cabinets- CREDIT ....................... ($346) 4. PG: PR#8 Roof Drain at Lightwell & Parapet Changes ............................. S 2.115 5. PG: PR#9 North Liner Roof Insulation & Core Stair Roof Edge Changes ....... S 5,250 6. NLB: PR# 10 Electrical Credit (to NLB contingency) ............................... S 0.00 7. PG: PR# 1 f SWEPCO Meter Location Requirements ................................ S 3.52� 8. PG: Reconcile Undercut & Rock Allowance -.CREDIT ............................. $0.350) 9. PG: Reconcile Abatement Allowance- CREDIT ..................................... S (2.477) 10, NLB: Temporary Chiller (from NLB contingency) ... ............. —............... S 0.00 H. NLB: PR#12 Sprinkler Heads Credit (to NLB contingency) ....................... S 0,00 12. NLB: PR#13 Rm 016 Ceiling Modifications (horn NLB contingency) ........... 50.00 13. PG: From B&S Contingency........................................................... S(4.721) TOTAL................................................................................................ $0.00 The original Guaranteed ivlaximtan Price was $ 447,948.00 The net change by previously authorized Change.Orders S 10,080,922.00 The Guaranteed Maximum Price prior to this Change Order was $ 10,528,870.00 The Guaranteed Maximum Price will be increased by this Change Order in the amount of $ 0.00 The new Guaranteed Maximum Price including this Change Order will be S 10,528,870.00 The Contract Time will be increased by Zero (0) days, The date of Substantial Completion as of the date of this Change Order therefore is October 22, 2015 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive, NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. {carver. [-LC. Baldwin & Shell Construction Company City of Fayetteville ARCHITECT (Firm nante) CONTRACTOR (Firm frame) OWNER (Finn name) 2W9 E. Joyce Blyd., Ste 400 593 Horsebarn Road. Suite 100 113 West Mouyy 'n Fayetteville, AR 72703, , AR 72758 Fa ei Mlle. CR-7 70l ADDRESS — ADD LF S i D 5 1 70s� ,r r,ti�l. � r• -L• :i 70.1741.;]e.t,wytn 9Y (Signature) BY (Signahrre) BY Sign ere Ron Petrie Patrick Tenney, AIA Lianeld dart (Typed name) fhprrl naipwi (Typed rranre) 05-29-2015 ps'.2, sods" AIA Document G701 ° — 2001, Copyright 0 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING; This AIA' Document 18 protected by U.S. Copyright Law and Inrarnallonal Treaties, Unauthorized reproduction or distribution of this AIAs Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software al 10:47:54 on 0 5/2812015 under Order No,3970906734_1 which expires on ON0512016, and is not for (es ate. User Notes: (1801546069) AIA Document G701 — 2001 City of Fayetteville Entertainment District Parking Deck CHANGE ORDER NUMBER: 003 Page 2 of 2 Hoora Architects, Inc. ARCHITECT (Firm name) 720 SW Washington, Suite 800 Portland, OR 97205 ADDRESS I BY (Signature) Michael Tingley (Tvp06-617 015 DATE Pha— O'eiPr RPmIPct I nn Soareej flunber. I Issue Date .Status , Parkim Deck NLB BShed NLB B-Finifh HLB 21dd lld BA iP Co.1t -CO. .NOTES­-.40 AfE PCO-1 PR .1 1 "O Lamer AV lO 7M*4 jZQuad SOW Nen* 3 NE PRY N.r .Ch.n.e 1rxmIb vve0 f000 None 3 AfE Pco-ll PR.S-NardweltlF*1 EXWMu,stM Wmvs Wmd :S1eE 00 Nona 3 ME PCO-12 PR W Real Or...1 L 11 a 11 A Para 3MR015 oecd 52 115.00 None 3 AIE PCO.13 PR.& NLB Reef tnudatwl Sr7M2015 owed $S 2w0 00 !lone 3 wAC PCO-14 NLB T a ChMr 16U2015 App== woo Nem 3 tv"-Toer Mr TcoMAI as CONfwGOIC'r BdS PCOPTE UrrdvW 7 Rock costs• edm AZew * ularpf5 Appvowd 11335O OOI NtmII 3 A!E PCo-tA PR.1 I. SWEPCOR "t—t. tr"Wt5 App,LNed 5352900 Non. 3 US PCOPIO Aee.slm AOow'nea reovlNR -MdMi5 732e77.00% Nerve 3 US PCD•20 PR.12-NLB Ok1iT Isprinkim head% 5912015 sad $0,00 Non* 3 1 klerus. NLB uric by $427.00 SAS I PCO.21. PRF 13-NLB R. Old I:." nlodacaialrla 59r2015 eveG 60,O0 None 3 Deduct NLB 5-3.792 B35 B85 B&S B36 BdS CO.1 Sa,72f.00 Oed>m be- 09S CenlelOerlcy 3 la•72t.00) TOt0l CO 03. SO.00 uV�p,•1 ma ',...m� .. ..., ... ....... .... �.. , �.u[.[�:..n. .n.u„-uu v..,�:[ .. u. .. .:.,.... n....... ....,..... __�:. ..: .....�... .......n. 1,J �.F„—,� �. BALDWIN HELL &;C C O N S T R U CTIO Na PA PAN Y NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- March 27, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK }� 229 North School Ave. i Y Fayetteville, AR 72701 mr ��s�,rc+Ya:C•r1o'M[Jsniil• +C_kri[Y_r COS A-7n oac 4e-4n A-7n one ++4c JEFF GARVER LLC 2049 E. JOYCE, SUITE400 FAYETTErVILLE,AR 72703 The following item or items have been priced based on the following: Per Proposal Request #5 dated 02102/2015. -"�;.a.�nr,:. i.K � �a,',.i'fr°�cn, •.- — .,,n,���-.�:�..M.t��sr�:- rggyr�'�:'s•� KLi:.,�,�` ., �k ' 't rd�;:i L'.`,�."•3'!-'•'+: �:i;���. �n.�"r�' Pending_Ehange50rcler No 111 PR#5 - Delete Two Fire Extinguisher Cabinets iiiir ��l - Iw,.�u. K�i�s�,�.p,' iytar,P,endingCFiange,:O�derlternr:�'l7 ra,a•...,.5»...0.a4 �' :E3 LPyjs. s,�:.,f,t a �.'�'n� �'�t','-'::��R.-�:nN�.:�a•&'G�::���:Ff!1ti..1.�..i:Y-�._,1��Ki'� :3 ty.Jrw Y'' 4'.: 4i1s1•b! F;�AdiiitionalContract,D`ay"`s��- 1.,8 f,FtS�="'7/.1'•... d?�',.�r,� rn� ; a: s, ifdpptoyedFb=Lump�Sum" .a:.�ry k wa.�• P..`':Z:.n p- .. i w�ha e c y- o-Y:u:...�ry i�:r:s•m.,:r�.�uo�_v�.!�un��a�,.,'.:.•�e.aa�.Fi��.F+'.lrk,x-,..n. w-r.Ji:+rt. 1 : PR#5 - Delete Two Fire -346.00 Extinguisher Cabinets Comments: Submitted by: Approved by: Verbal EJ Written // Mari Beltran Title: 3/27/2015 Date: Vo ewsr; Project Manager 479-845-1111 Phone Project Manager Fax 479-845-1115 Project Manager 479-295-9321 Mobile Project Manager mbeltran@baidwinshell.com Email See attachments: Carbon Copied: `,'vv ;-.ba!dwinshai!.Corn Corolra;e r1t€Irp • ctRrlai Arkansas Dioraon • Ffcf@isasl.Aikansas Olvisinr. • t40rt"esi Arkansas Divislag • Ugns€rtualor $E.Nlcos D€vis€nn BALD��NSNELLNSTRUCTION COMPANY Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor : Baldwin and Shell Construction Date 3/27/2015 Description of Request: PR #5 OMIT 2 Fire Extinguishers Cabinets Item Qty. Unit Labor excluding u e Material including a Other Subcontracts Fire Extinguishers & Cabinets 1 LS 276) Install 1 LS 70 SUBTOTAL 0 (276) 0 (70) Total Labor, Material, Equip and Other OH & Profit Total Subcontract Fee ' 5% TOTAL COST -$276 $0 -$70 $0 -$3a6 T Mario Beltran From: Webb, D. Jeffrey <DJWebb@GarverUSA.com> Sent: Tuesday, March 31, 2015 8:28 AM To: Mario Beltran Subject: FW: Spring St. PG- PR#5 Credit - ProposalRequestPR-00005:FgWZv From Laleh. From: Me mailto:laleh AFHJarchitects.com Sent: Tuesday, March 31, 2015 8:20 AM To: Webb, D. Jeffrey Subject: Re: Spring St. PG- PR#5 Credit - ProposalRequest:PR-00005:FgWZv This one is approved Laleh Amirmoez AFHJ Architecture . Planning 479.442.5565 On Mar 27, 2015, at 2:14 PM, Webb, D. Jeffrey <DJWebb@GarverUSA.co_m> wrote: Fyi. Jeff Webb, PE Garver 479-527-9 i 00 From: Mario Beltran mailto:MBeltran baldwinshell.comj Sent: Friday, March 27, 2015 1:48 PM To: Webb, D. Jeffrey Cc: Morris Vines Subject: Spring St. PG- PR#5 Credit - ProposaIRequest: PR-00005:FgWZv Jeff, See attached credit for PR45. Let me know if questions. Tha nks, MARIO BELTRAN I PROJECT MANAGER NORTHWEST ARKANSAS DIVISION <image001.png> 593 HORSEBARN ROAD, SUITE 100 { ROGERS, AR 72758 (o) 479.845.1111 • (c) 479.295.9321 • (0 479.845.1115 www.baldwi ns hell. cam 1 <image002.png><image003.pnp <image004.png><image005.png> <image006.png> <COR #11- PR#5 Delete Two Fire Ext. Cabinets.pdf> No virus found in this message. Checked by AVG - www.avg.com Version: 2014.0.4800 / Virus Database: 4311/9422 - Release Date: 03/31/15 DALE & DALE', .INC'. PHONE 901-3624903 ' ,FACSIMILECOVER LETTER. FAX 90".1 -7,94-.2.4.04''. MEa 'QucTATIoN 0 REQUEST FOk-COTATIONbaie: .qX to' NaMe:, 112. G �O� �- -P�6j Nb 6 L L 6d fn Add re ss.: Attn: "IV c6htr-; -Phone: 'FbLx' Arch..,. From: 16(al nuniher of pages including this INdu do nbf-fdC6lV-e'. aff-'pa-'g'e" 0onf@ct.U-s at Proposal Request Number 05 City of Fayetteville Parking Deck Date: 02-/02/2015 Item 1: Hardware changes from RGC Hardware Submittal. Delete Electric Strike from door 001 - A ftem 2: Change to dire Extinguisher quantity, Total required is 24 per drawings A022 through A025 revisions date 10/15/2014. This has been approved by the Fire marshal. !Notify the Architect if a different quantity is required. Delete 2 cabinets and fire extinguishers. Laleh An-jrmoez. AJA AFHJ Architects �POst Officv*Box UIO AR ?' 02 JUD W"i 5tIiLt'302- -Adcphortt 479M2:5W :f;w-fimi1e'479.44").8E44- Mario Beltran From: Brad Stratton brad@rgc-glass.com> Sent: Monday, March 23, 2015 10:35 AM To: Mario Beltran Subject: Re: FW: PR#4 Spring Street Parking Deck - Proposal - 004:FgWZv We did not have the electric strike at door 001-A. This is provided by you hardware supplier. Thanks Y� onSat,Mar21,201Sat8:2 Brad, I've forwarded this to our hardware supplier. Also what about PR#5? thanks, MARIO BELTRAN 1 PROJECT MANAGER NORTHWEST ARKANSAS DIVISION 593 HORSEBARN ROAD, SUITE 100 I ROGERS, AR 72758 (o) 479.845.1111 . (c) 479.295.9321 (f} 479,845.1115 www.baldwinshell.com From: Brad Stratton fbrad@rlac-glass.coml Sent: Monday, March 16, 2015 2:12 PM To: Mike Castagna Cc: Mario Beltran; Morris Vines Subject: Re: FW: PR#4 Spring Street Parking Deck - Proposal Req u est: PR-000 04: FgWZv Mario, With regards to PR 44. Item #2 - Storefront frames K, L and M along with Doors S 1-0, S 1-1 and S 1-2 were deleted during the VE process of the bad and the current contract reflects these changes. Item #1 - Our draftsman created the hardware schedule and listed the hardware for reference only. The only hardware that we have picked up are the butt hinges, thresholds, door sweeps and the manufacturers standard weatherings. The panic devices, pull handles, closers, operators, access control hardware and cylinders should be provided by your hardware supplier. V1MM 4 On Mon, Mar 9, 2015 at 4:36 PM, Mike Castagna <MCastagna abaldwinshell.com> wrote: Brad, 1 SHELL C 0 N S T R 0 C T 10 M 0 P.1 P A N Y NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- March 27, 2015 FAYETTENALLE ENTERTAINMENT DISTRICT PARKING DECK - 229 North School Ave. Fayettev ille, AR 72701 A7C% DAC 4444 A-Yn GA= 444C I JEFF WEBB GARVER LLC 2049 E. JOYCE, SUITE 400 FAYETTEVILLE,AR 72703 The following item or items have been priced based on the following: Changes per Proposal Request#8 dated 3/23/2015 12 PR#B- Roof Orain at Lightwell & Parapet Changes AEWS �cla I I.-M It 61F pa " —FAC VEORRY'A IN ON- E-ffif 5 elffi 9 N F-0 I : PR#8- Roof Drain at 4121 41—N85-40-- Lightwell & Parapet Changes Comments: Submitted by: 9 Approved by: El -Verbal El I writto dQ 0 Mario BO Title: D-Mopment Services Director ,312712015 Date: 04/0112015 Project Manager 479-845-1111 Phone 1 Project Manager Fax 479-845-1115 Project Manager 479-295-9321 Mobile Project Manager mbettran@baldwinshell.com Email See attachments: Carbon Copied: ,.-,%w,baU-e.nshefl.00rn K-tn— GarpNare Otflta, - CFn.ra!'Ar tows Dhlsian •Norlirgast Ar'sarsal Division - Northrrasi Arkan.as Diviaian i- Construction So. vic�s DlvialCa. DALDW!H SNELL C0 NSTA UCTI01) C0MPA#Y Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor : Baldwin and Shell Construction Date 3/27/2015 Description of Request: PR #8 Roof Drain at Lightwell & Parapet Changes Item Qty. - Unit Labor excluding burden Material including tax Other Subcontracts General Conditions 1 LS 25 Bonds 1 Insurance 1 LS 35 Membrane Roofing 1 LS 610 Plumbing 1 LS 1,505 SUBTOTAL 0 0 61 2,115 Total Labor, Material, Equip and Other OH & Profit Total Subcontract Fee TOTAL COST 5% $6i $a $2,115 i409-ar _S2, 2S& Few 1. f�'rf� Arkansas Contractor License #0011870216 March 25, 2015 Baldwin and Shell Construction Co. Attention: Mario Beltran RE: Spring Street Parking Deck -Roof Drain Addition in Light Well Roof. PRN-08 Sir, Provisions, qualifications, and work scope is as follows: 1. Provide and install (1) 4" Roof Drain as per schedule and approved submittal related to PRN-08. 2. Relocate originally located drains per revised layout. 3. Provide cast iron pipe and fittings to accommodate new drain. 4. Insulation as required. 5. Man and material lifting equipment provided without additional cost. Exclusions: 1. Overtime hours or weekends. 2. ORD'S not shown. 3. Roof penetrations, framing, securing, and sealing. 4. Any other than mentioned above. Price for the above provisions, qualifications, and work scope is S 1,505.00 including all applicable tax. Labor: S 352.00 Material: $ 853.00 Subs: $ 300.00 Thank you for the opportunity to provide pricing to you. Please feel free to contact me if you have any questions regarding this project. Price is valid for 30-days starting at date of this proposal. Respectfully, Mountain Mechanical Contractors, Inc. �z Jon F. Valeski Senior Estimator -Senior Project Manger po 6ox 701 Bentonville, AR 72712 886,847.1002 Fax: 479,2e6.6914 www.schelersroofing.com Date: March 27, 2015 Change Order Request #: 1 To: Baldwin & Shell Project Reference: 593 Horsebarn Road, Suite 100 Spring Street Parking Deck Rogers, AR 727SB Attn: Mario Beltran Description: Additional tapered insulation and labor to add third drain at lightwell. Total this Change Order Request: $ 610.00 Due to company policy, the above described work cannot commence until we have approval in writing, either by signing and returning this form or by providing an official Change Order. Please feel free to contact me should you have any questions regarding the above. Respectfully submitted, Schefers Roofing Company Mike Fessman PM Approval: (Signature) Approved By: Approval Date: Commercial Roofing Roof Repalr 8 Maintenance Architectural Sheet Metal Arkemas • for+a • Kansas • Miaaour! • Nebraakn • ok!ahoma Jab: Spring Sheet P"fng Deck 2.". 3n7/zcl3 COP n 1 Darvyebn Ce7 un4 Cei saq, 0 S Orb@em 0 S fedrtln. D S - 11deb— Tswk moo- 1 S nLl RddlM l:Labp TJPV 0 3 - fmwr_ IaburCm: +aia:ihef Wata on bfwWee mNta dMsced 5 ' a :S ewfumn F. er In four b'd a S' j 5 ta:7hb Wau on be uw0 m masa dm5ed 7.2313 3"_•14S.T9i afw tuterr nicer„ atfourbtl. DrtePa 5 Dalotha SM Onalbr � �5-� OESufbr f- .SV. 000rbr ;5:' Dant u' : 5' Oeiclbr Da Ibr Datrlbr _ 5:: Grakdawn: taSN Ixf lit? S.9 SfiUMM DATE l]bw.•_••.+�.'.:•.-:-'::: �;;?mot'•. �: ri•-'S-• .. 1[SA9 7.17 (yGrdrfmlt aSADIr •N •P+'bRe�l mYd�aa 120.ab EurLrn s S63a 20d1 Dt s/ra-SSII � S.blatd s 461..25 Ortdrad 5 69.tl IS er lbp,m a�plkGbk Ol.r0aW r0tr sbw"d s faDra Prot S 79.57 Is a/mp In �PPtcL41r0r0fI Total)» S 610.00 «71rd Wtw4 nDme.wRvo7urSre r�mrfplraw,n ea be lrat rr Trawmc um -I - 73fam I b o kw" IMAM 2t6 Y aM ]4 msm P w RKf" 1L5122%a 1651M 2LDM S lftf F l 16.6l7D%6u1StN ' SLWM 7D[M ST6 IfiR %a as lint ' 3UM%a.45 fte Z 217DSS% 10 SE VM nlmDs 1114 rosily 1"JUt112 N %w ZL4M%1, MDRt .SF =SUM 2,W $jW VA Z-03601, Isoa ah SSI MUM "AN W* SL 6f4 21.12057 4f11(M- sw TL6067% to CS Imo+• "' nism a M w• ssa aLr1D0%20rf aeef•510. 2L41m u Nf S!M• m 25."m 21 u Pot• sp w4mm 21 m EA& MA M—W s MM U1713 5 37691 tabat s 176.25 D.id211 S 253.56 s 5 rer Dlam S S sa S o s SutRetal S HI.1S l S 610.00 Proposal Request Number 08 City of Fayetteville Parking Deck Date: 03/23/2015 Item t: Roof Drain Addition on Light Well Roof. Add one roof drain of equal size to the two indicated on the drawings and be into the system already in the project. Space as indicated in attached PR#08, sheet AS1. Item 2. Modify parapet details due to field change of building elevation: Modify detail C1/A704 per attached AS2. Build up the parapet in order to keep the roof to wall detail for the expansion joins to coordinate with the detail beyond, at roof to wail detail on the west wall of NLB. See AS3 for revised detail to reflect the change of elevation in the parapet. Laleh Amirmoez. AIA 5 AFHJ Architects .1'a3tOfriceBuxBlU.Eayettetiille._:�R ?iU2 "1{lU�'c�tCenter 5nite3lL tekphone4:Y,442.5565 rai im u4j,9:442:8849 siarm�td 87aaiiva•�i -Nd-Q$ U go ND3❑ JNINNVd 133NIS JN121dS - -?JdV 9MVEZ160 31VO 311IA3.113AV=I A113 r O V Y .-4o SVSNV>iZJV `31-lIA3113,kVJ IIOSII'QOfSB�B�jTd'�Bo�280C1L'[�1lAla* • , k as ir I O LL. 1, 0 LU f a LU V) z 0 1 R VISED DETAIL AT WAC / LIGHT WELL . .......... . .. ....... . .. IRO co SVSNV>isV, '31IIA3113AV3 ............ .... ...... . ..... ......... . . ..... .............. OP 0 x -i LLJ LL Ln a, < 2E LLI z () Ir- �- 0 Ll- U) Z LL n 0 0 ................. . ................ Proposal Request Number 04 City of Fayetteville Parking Deck Date: 1/29/2015 Item 1: Hardware changes from FTC Hardware Submittal elete the following items from contract due to the fact that RGC glass has provided e ctly what we had specified for the store front doors NL-A and NL-B. Please confirm th he remaining hardware items listed in FTC are coordinated with items RGC glass is pro 'ding to provide a complete functional package. Please notify Architect if it is more pr ctical to move those items to RGC glass contract. 1. Door NL-A: Omit Concealed vertipal rod exit Falcon ED-10 and Flacon ED-11;Permanent core —Primus; Door pulls; Surfp6e closer; Mounting plate; Door operator; Electric power transfer; Actuator; and powe supply. 2. Door NL-B; Omit Exit devic , Electric strike; Door pull; Surface closer; Mounting plate. Item 2: Delete following items from RGC.Glass due to changes in CCD#4 1. Doors Si -0. S1-1 And S1-2 2. Store front fram (K), (L), (M) and related glazing. RGC Glass response as follows: Laleh Amirmo . AIA Item #1 - Our draftsman created the hardware schedule and _ listed the hardware for reference only. The only hardware that ..,,,we have picked up are the butt hinges, thresholds, door sweeps and the manufacturers standard weatherings. The panic .=� devices, pull handles, closers, operators, access control AFHJ Architects hardware and cylinders should be provided by your hardware supplier. - Hardware supplier confirmed he has it under his scope. Item #2 - Storefront frames K, L and M along with Doors S1-0, S1-1 and S1-2 were deleted during the VE process of the bid and the current contract reflects these changes. Let me know if questions Mario Beltran ' Dal orrice. BUx 810 .F: yetlevilfej AR 72702,100'West C.entP. ' &tfle 302 lairfdloue,rc%4. ?.5565 faair61e.,9i9.44-2.=9 Mario Beltran From: Webb, D. Jeffrey <DJWebb@carverUSA.com> Sent: Tuesday, March 31, 2015 8:28 AM To: Mario Beltran Subject: FW: Spring St. PG PR#4 Hardware changes From Laleh. From: Me [mailto:laleh_@_AFHJarchitects.co_m] Sent: Tuesday, March 31, 2015 8:21 AM To: Webb, D. Jeffrey Subject: Re: Spring St. PG PR#4 Hardware changes. Ok, understood Laleh Amirmoez AFHJ Architecture . Planning 479.442.5565 On Mar 27, 2015, at 12:46 PM, Webb, D. Jeffrey <DJWebb@GarverUSA.com> wrote: Jeff Webb, PE Garver - . 479-527-9100 From: Mario Beltran [mailto:MBeltran@baldwinshell,com] Sent: Friday, March 27, 2015 12:05 PM To: Webb, D. Jeffrey Cc: Morris Vines Subject: Spring St. PG PR#4 Hardware changes Jeff, Attached is our response to PR#4. I agree with RGCs response. Thanks, MARIO BELTRAN I PROJECT MANAGER NORTHWEST ARKANSAS DIVISION <image001.png> 593 HORSEBARN ROAD, SUITE 100 1 ROGERS, AR 72758 (o) 479.845.1111 • (c) 479.2135.9321 • (Q 479.a45.1115 www.baidwinshell.com <image002.png><image003.png> <image004.png> <image005.png> <image006.png> 1 <PR 04 - RESPONSE 3.27.15.pdf> No virus found in this message. Checked by AVG - www.avii.com Version: 2014.0.4800 I Virus Database: 4311/9422 - Release Date: 03/31/15 N., . Mario Beltran From: Brad Stratton <brad@rgc-glass.com> Seat: Monday, March 16, 2015 2:12 PM To: Mike Castagna Cc: Mario Beltran; Morris Vines Subject: Re: FW: PR#4 Spring Street*Parking Deck - Proposal Request: PR-00004:FgWZv Mario, With regards to PR 94. Item #2 - Storefront frames K, L and M along with Doors S 1-0, S 1-1 and S 1-2 were deleted during the VE process of the bid and the current contract reflects these changes. �J�c s+�- ��,a 6141 s.c_}-Ot deli Item #1 - Our draftsman created the hardware schedule and listed the hardware for reference only. The only hardware that we have picked up are the butt hinges, thresholds, door sweeps and the manufacturers standard weatherings. The panic devices, pull handles, closers, operators, access control hardware and cylinders should be provided by your hardware supplier. Thanks On Mon, Mar 9, 2015 at 4:36 PM, Mike Castagna <MCastagna(a�baldwinsllell.com> wrote: Brad, I still have not heard back from you on this. My last day is this Friday and I would like to get as many loose ends tied up as I can before I leave. What is your status on PR #4 pricing? MIKE CASTAGNA I PROJECT MANAGER NORTHWEST ARKANSAS DIVISION BAININHILL C O zs Y F. t l fah &QrJ PART 593 HORSEBARN ROAD, SUITE 100 1 ROGERS, AR 72758 (0) 479.845.1111 - (C) 479.644.900& - (0 479.845,1115 www.baidwinsholl.com 19 u 1 From: Brad Stratton [ma ilto:brad 0 r c- lass.com] Sent: Monday, February 23, 2015 3:12 PM To: Mike Castagna Subject: Re: FW: PR#4 Spring Street Parking peck - ProposalRequest:PR-00004:FgWZv Mike, Almon Blair our estimator has been out recently with personal issues. I have needed to speak with him regarding this PR. We are working on this and I should have some information tomorrow. Sorry for the delay. On Thu, Feb 12, 2015 at 10:39 ABM, Mike Castagna <iMCastagna(i� baldwinshell.com> wrote: Brad/Mike, I still have not seen pricing back from.. either of you for the attached PR #4. Please get this sent in to me .right away. MIKE CASTAGNA I PROJECT MANAGER NORTHWEST ARKANSAS DIVISION BAIDWIRIIELL toi:31rb;,II OK &0Uf,AKr 593 HORS EBARN ROAD, SUITE 100 1 ROGERS, AR 72758 (o) 479.845-1111 • (c) 479.644 - (0 479.845.1115 www.baidwinshell.com 4 e 1 e.'• a r—..—..-...,..�-...-...��_._—�.—.-.-�.._.....--._....-.«—�.--.._....._._.� ____ _�.-..........._......._...»_ �....�.....-_...... From: Webb, D. Jeffrey [mailto:DJWebb GarverUSA.com.] 3 Sent: Thursday, January 29, 2015 1:35 PM To: Mike Castagna Cc: Morris Vines; Laleh Amirmoez (lalehnAFHJarchitects.com) (laleh(ci)AFHJarchitects.com); Pate, Jeremy; Brown, Chris; Petrie, Ron, S; Jack Reilly; Mark Herrmann Subject: PR#4 Spring Street Parking Deck - ProposalRequest:PR-00004:FgWZv Mike - Please see attached Proposal Request No. 4 regarding Hardware changes from FTC Hardware Submittal. Thanks, Jeff Webb, PE Garver 479-527-9 1 00 Brad Stratton Senior Project Manager 479-444-6214 Office 479-444-6767 Fax Brad Stratton Senior Project Manager 479-444-6214 Office B1L6W!N&qNELL c0NSTR U CTON0fAPA 11Y NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- March 27, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK w 229 Now School Ave. � Fayetteville, AR 72701 A7r1 O A C A A A A-1A 4 A c A A 4 LCl%d JEFF WEBB GARVER LLC 2049 E. JOYCE. SUITE 400 FAYETTEVILLE,AR 72703 the following item or items have been priced based on the following: Changes per Proposal Request #9 dated 3/27/2015 13 PR#9- NLB Roof Insulation & Core Stair Roof Edge :aav--�'-+ao-- i+.tw. a: -ti-a»nia•s+ws rF-�: �;i;i _- s"'ll ill�c ` 5 Fend ng Cti"ai�� ` e O tl r�l erii � �'rAii�dita a al rac"t Days : 'p.pr�o ed t y `r3NOW M.101-e' :•-r;, F y qua. pr10Eai. 1 : PR#9- NLB Roof 411/15� Insulation & Core Stair Roof Edge 1t ZED Submitted by: Approved by: UVerbal LJ W60en M@06 Beltran Title: e o meet SeFvices Director 3127/2015 Date: 04/01 /2015 Project Manager Phone 447M45-1111 Project Manager F9-845-1115 Project Manager79-295-9321 Mobile Project Manager mbeliran@baldwinshell.corn Email See attacnmenis: Carbon Copied: n Wbal;;4lr Shall.CM Cniposam 0111ca • Cannal Arkw-so-. 0ivi;fnn • iJortheasl Adfan`.as 01vid4n • Nokhr,esi ArKtnsa5 Division • Cowaruaiioo SBr,vlces 01651011 BALDWIH SHELL C 0 N S T R U C T I O H C 0 M P A N Y Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor : Baldwin and Shell Construction Date 3/27/2015 Description of Request: PR #9 NLB Roof Insulation Item Qty. Unit Labor excluding burden Material including a Other Subcontracts General Conditions 1 LS 63 Bonds 1 insurance 1 LS 89 Membrane Roofing 1 LS 5,250 SUBTOTAL t 01 0 1 1521 5,250 Total Labor, Material, Equip and Other OH & Profit Total Subcontract Fee 5% TOTAL COST 5 250 427440, .tea-vrr- Fireproofing Company of Kansas Es1611shed 104 March 27, 2015 Mario Beltran. Baldwin &. Schell 593 Horsebarn Rd, Ste 100 Rogers, AR 72758 Corporate Office 15D1 Westport Road Kansas City, MO 64111 T 816-561-7667 F 8 t 6-561-1911 600-659-6577 v nwv.we sternfireprooQng.com Kansas City, MO I Oklahoma City, OK St. Louis, MO RE: SPRING STREET PARKING DECK PR#9 Dear Mario: Please add the suns of $6,100.00 for us to add 4" of Insulperm to our lightweight insulating concrete system. If you can eliminate the key deck mesh in the lightweight insulating concrete, please deduct the sum of $850.00 from our original bid. Sincerely, WESTERN FIREPROOFNG COMPANY OF K.ANSAS, INC. A.L. Bontraber C6V__ i ETz 0 twEr o';: S H O N V`1 1. G,f1 U f e.S1D 2 HT?- 1�70-4- 9�� ssr gy A D20 IZ.t�: CeNs-utv�-rtoN is f�R ko o _<6hD yI250 Insulating Concrete Roof Decks . Tectum Roof Decks & Interior Products . Loadmaster Engineered Roof Decks Glued -Laminated Structural Wood . Floor Underlayments . Operable Partitions Proposal Request Number 09 City of Fayetteville Parking Deck Date: 03/25/2015 Item 1: NLB Roof Insulation: Please provide a minimum insulation value of R-20 for the entire roof. According to the provided product information this amounts to an additional 4" Expanded Polystyrene. Please resubmit shop drawings for review. Relocate drains for the most efficient layout and the least amount of build-up. Coordinate with location of skylights. See attached revised details PR09-AS-01 for revised parapet detail Item 2: Core Stair Roof Edge Detail: Revise edge detail per attached PR09-AS02 Lakeh Amirmoez. AIA AFHJ Architects -POSL Of$cz Box 810 Fayeittvi[le :liiJiik: 100 wesi Center . suite 302 ttlelihone 479.442.5565 fa�im&479:442:8849 GALVANIZED FASCIA AND CONTINUOUS CLEAT4___. INSULCELL SYSTEM ----I 1 I I I ! I II G � A °d • I I i � a �I � 1-1/2' CONCRETE FILLED DECK TOPPED WITH 4", R-20 INSULATION AND ADDITIONAL INSULCEL SYSTEM INSULATION AS REQUIRED AND CONCRETE TOPPING, SLOPE TO DRAIN ol I REVISED ROOF EDGE DETAIL AT CORE STAIR 3"= V-0" REFER TO DETAIL FBAB BY ROOFING MANUFACTURER, FOR SIMILAR CONDITION OF A DRIP EDGE DETAIL, REQUIRED FASTENERS, SEALANTS AND WELDS. W J Y J c w cn W F-- z z W d' Ix i' a Q w J L w o >- z LLU C XX CA) /� m m oM _ u rn zz 0 p z a m o -nm O rn �� z� ❑� 2„ m vrn �7 N ar 1 rn y 0 O 0 --- ua v = n O Dox � c,X)z G) -n >� a0> rn Ao 000 ❑ n z (n oox �m� m *y 8112" xmnn c ❑ m c rn r � D o - In 0 rn z Q cn � -t o D 0 _ n D a m a G) m 0 a P Amirmoez.FosterHaileyJohnson FAYETTEVILLE, ARKANSAS AS- 02 CITY OF FAYETTEVILLE DATE 03/24/2015 APR - SPRING STREET PARKING DECK 71 $O.PR� Og Architects Planners DALDWID ;HELL C 0 N S I R 9 C T 1 0 N 0 M P A N Y NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- April 14, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK g - - 229 North School Ave. i Fayetteville, AR 72701 art ;�r-cT�1;06: •A?l�llv`C'.;Clfc. A-7n ors 4444 A7n oar 444t JEFF WEBB GARVERLLC 2049 E. JOYCE, SUITE 400 FAYETTEVILLE,AR 72703 The foliowina item or items have been priced based on the following: Change order request is for the following: Undercut existing and replace with suitable material 331 CY @ $14.50 = $4,800 Mass Rock Excavation 96 CY @ $100.00 = $9,600 Trench Rock Excavation 34.5 CY @ $200.00 = $6,900 DEDUCT COSTS FROM UNDERCUT ALLOWANCE. I' �� m Oare I D;escr� Qii ff �I?*eiic�lE1 G' rl .p ''3 rsx_,��&�:�; , 16 PG- Undercut & Rock costs t U�^ti3e" iclirt� lian—'Mg e` 7:r lcr iiemy. j' C7g�F41L`Y`! Nk..i1 ^" r A ifiprial Cif n'rlaot;D J If-ffp � �ued'b sui_np �um�r `G°' q 4120115 0.00 1 : PG -Undercut & Rock costs 0 T SEE ATTACHED BREAKDOWN. Comments: Submitted by: Approv by: OVerbal ❑ Written Mario eltran Title: Development Services Director 41141 015 Hate: 04/24/2015 Project Manager 479-845-1111 Phone Project Manager Fax 479-945-1115 Project Manager 479-295-9321 Mobile Project Manager mbeltran@baldwinshell.cont -mail GOrrip[ ate 0 lee I Ccittral Arkansas Giv€sign • I artoast Arwpm Divls€nn r Ac4,v--1 Arkaoses Dirisinn • GnUiruMiorr Scrvires Davis€oP, RALDWIH SHELL C 0 N S T R U C T 1 0 H COMPANY Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor : Baldwin and Shell Construction Date 4/1512015 Description of Request: PG- Undercut & Rock Costs Item Qty. Unit Labor excluding burden Material including tax Other Subcontracts Footing Rock Excavation - Keith 1 LS (6,900) Mass Rock Excavation - Cobar 1 LS (9,600) Undercut 8r Replace- Cobar 1 LS (4,800) SUBTOTAL 01 0 0 (21,300) Total Labor, Material, Equip and Other $0 Total Subcontract-$21,300 Undercut Allowance $24,650 TOTAL REMAINING ON UNDERCUT $3,350 ALLOWANCE Mario Beltran r�rrrr�r�rrr+rr� From: Keith Roberts <jkeithrob@aol.com> Sent: Thursday, April 02, 2015 1:58 PM To: Mario Beltran; Jim Minor, Morris Vines Subject: Spring Street Parking Deck Price change for Cfass-7 base undercut and backfill vs earthen backfill As of 3133/15 351 CY of undercut existing and replace with compacted class-7 was in -place and testing on this project. The agreed upon price change is as follows: Original price per contract; $14.50 per CY-$1.75 per CY(cost of dirt)+ $7.75(1.0975 sales tax)(1.9 tons per CY of class-7, wt to vol conversion). $12.75 per CY+ $16.16 per CY= $28.91 per CY in -place. Original Cost at Contract; $14.501CY*.354-CY= $5- 88-59-using earthen backfill �31eY T 9,795.50 Keith Roberts Cell 479-502-1515 jkeithrob@aol.com No virus found in this message. Checked by AVG - www.avg.com Version: 2014.0.48001 Virus Database: 4311/9433 - Release Date: 04/01/15 r 04/10/2e15 09:50 7502732 KERN AUSTIN CONSTRU PAGE 02 V 61DT5 -OZ From. Keith Austin Constructioxi, Co. 800 N. Jefferson St., Suite 95 Springdale, AR 72764 To: Baldwin & SheU Construction Company Mario Beltran' Subject: Spring Strect'Park-Wg Deck: Fayetteville, AR change or&r for the following Berns: V 1) Rock excavation and disposal: Approximatel)-49:6 CY @ S200.00/CY...'...... ........ I ..................................................... !�jf 0 0. V%1f 11, L ......................................................................... PP4 6-4 , - - P. Signed: Dated: f zZs Y 4A GoTS O 7-5' i CoBar Contracting, Inc. NEW OFFICE ADDRESS: 5840 Citation Drive —Scott, AR 72142 NEW OFFICE FAX:501-961-1949 Office Phone: 501-955-2224 March 10, 2015 Mike Castagna Baldwin & Shell 593 Horsebarn Road Suite 100 Rogers, AR 72758 Re: Change Order Request- SPRING STREET PARKING DECK — ROCK EXCAVATION CHANGE ORDER REQUEST We are requesting a change order on the above stated project. 1) Rock Excavation 96c.y @ $100.00 per c.y. $9,600.00 Total Amount of Change Order $9,600.00 if you should have any questions, or should need additional information, please do not hesitate to give me a call. Sincerely, Kaye n W' ox ' KLW February 13, 2015 Job No.: 14-5304 City of Fayetteville 125 W. Mountain. Street Fayetteville, AR 72701 Attention: Mr. Chris Brown, P.E. SUWECT: REINFORCING STEEL REPORT SPRING STREET PARi(ING DECK FAYETTEVILLE, ARKANSAS Mx. Brown: Please find attached the reinforcing steel observation report performed at the above -referenced project on January 22, 2015. It is our opinion that the reinforcement has been placed per project plans and specifications. Should you have any questions, please do not hesitate to contact us. ATTACHED PLATE NUMBERS: KABlame Copies Submitted: City of Fayetteville Attn: Mr. Chris Brown, P.E. Baldwin & Shell Attn: Mr. Mike Castagna Attn: Mr. Morris Vines Attn: Ms. Leslie Fann Garver Attn: Jeff Webb,P.E. Attu: Mr. David Clement, P.E. Sincerely, GRUBBS, HOSKYN, BARTON & WYATT, INC. Kyle A. Bennett, P.E. Project Engineer (email: cbrown@fayeiteville-ar.gov) (email: mcastagna@baldwinshcll.com) (email: mvines@baldwinshell.com) (email: LFann@baldwinsheil.corn) (email: djwebb@garverusa.com) (email: DTClement@GarverUSA.com) V REINFORCING STEEL REPORT PROJECT: TESTED BY: Spring Street Parking Deck Kyle A. Bennett, P.E. Job No.:14-5304 DATE STRUCTURE LOCATION REBAR PLACEMENT SIZE SPACING CLEARANCE COMMENTS 1/22/15 Pier caps A-1, A-1.6, B-1, B- 1.6 and B-3 OK OK OK OK Section A Sheet S304 Limestone encountered at pier caps A-1 and B-1. Hoe -ram required for rock excavation, Rock cxcavation uanti of 4.0 yd3 calculated based on field measurements. GRUBBS, HOSK N, BARTON & WYATT, INC. PLATE 1 =-*Hoskyn,fb !,;Wyatt, NC. CONSULTING ENGINEERS April 9, 2015 Job No.: 14-5304 City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Attention: Mr. Chris Brown, P.E. P.C>. Box 1248 Springdale, Arkansas 72765 341 West County Line Arad 72764 (479) 756-5999 FAX (479) 756-1749 SUBJECT: DAILY CONSTRUCTION REPORT - UNDERCUT SPRING STREET PARKING DECK FAYE,TTEVILLE, ARKANSAS Mr. Brown: Please find attached the daily, construction report for the undercut observations performed at the above -referenced project on March 23, 2015. Should you have any questions, please do not hesitate to contact us. Attached Plates: Sincerely, GR.UBBS, HOSKYN, ]BARTON & WYArr, INC, r Subra T. Bhat P h.I7., P.E� Principal/Manager, Springdale Office STBlame Copies Submitted: City of Fayetteville Attn, Mr. Chris Brown, P.E. (email: cbrown a fayetteville-ar.gov) Baldwin & Shell Attn: Mr. Mario Beltran (email: mbeltran a@baldwinshell.com) Attn: Mr. Morris Vines (email; mvines a baldwinshell.com) Attn: Ms. Leslie Fann (email: LFann@baldwinshell.com) Garver Attn: Jeff Webb,P.E. (email: djwebba@garverusa.com) Attn: Mr. David Clement, P.E. (email: DTClement@GarverUSA.com) Geotedmical and Materials Engneering / Construction Surveillance Grubbs, Hoskyn, Barton &WYWft, I NC. CONSULTING ENGINEERS DAILY CONSTRUCTION REPORT DATE PROJECT Spring Street Parking Deck WEATHER JOB NO. 14-5304 TEMP CLIENT City of Fayetteville WIND CONTRACTOR Baldwin & Shell HUMIDrrY PROJECT MANAGER Mario Beltran CONSTRUCTION ACTWMES DAY P.CL Box 1248 Springdale. Arkansas 72765 341 West County Line Road 72764 (479) 756-5999 FAX (479) 756,1749 3-23-15 IS [IT W TH M S ➢RrrE SUN CLEAR OVERCAST RAM I SNOW TO32 32-50 50-70 70-85 85UP STI LL MODERATE WGH REPORT NO. DRY MODERATE HUMID Undercut observation — south liner building and south end of west ramp • Highly weathered shale present at the subgrade elevation was unstable due to saturation and repeated traffic. • Upon undercutting the unstable material, dark gray and gray shale was exposed at the bottom of the undercut (see Plate 2 for undercut area) • Required depth of undercut varied across the area. • Undercut quantify was calculated at 331 cu yd. BY Subra T. Bhat, Ph.D., P.E. TTI'LE Principal/Marager,_Springdale Office — Platt 1 Geotechnkal and MaterizJ Engineering 1 Coratrudon Surveillance JL Grubbs,Hoskyn, Barton &Wyatt,1 N.C. CONSULTING ENGINEERS April 4, 2015 Job No.: 14-5304 City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Attention: Mr. Chris Brown, P.E. P.0.9ox 1248 Springdale. Arkansas 72755 341 West County Line Road 72764 (479) 756-5999 FAX (479) 756-1749 SUBJECT: DAILY CONSTRUCTION REPORT T ROCK EXCAVATION SPRING STREET PARKING DECK FAYETTEVILLE, ARKANSAS Mr. Brown: Please find attached the daily construction report for the observations performed at the above -referenced project on. March 17, 2015. Should you have any questions, please do not hesitate to contact us. Attached Plates: Sincerely, GRUBBS, HOSIM, BARTON & WYATT, INC. Subra T. Bhat, Ph.D., P. Principal/Manager, Springdale Office STB/ame Copies Submitted: City of Fayetteville Attn: Mr. Chris Brown, P.E. (email: ebrowu@faye.tteville-ar.gov) Baldwin & Shell Attn: Mr. Mario Beltran (email: mbeltran@baldwinshell.com) Attn: Mr. Morris Vines (email: mvincs@baidwinshell.com) Attn: Ms. Leslie Fann (email: LFann@baldwinshell.com) Garver Attn: Jeff Webb,P.E. (email. djwebb a garverusa com) Attn: Mr. David Clement, P.E. (email: DTCIPment@GarverUSA.com) Geotechnid and Materials Engineering / Consuvc6on Surveillance t�-,-k Grubbs, ljoskyn, , I NC. CONSULTING ENGINEERS DAILY CONSTRUCTION REPORT DATE PROJECT Spring Sheet Park_ ing Deck WEATHER JOB NO. • 14-5304 - TEMP CLIENT City of Fayetteville _ WrND CONTRACTOR Baldwin & Shell ffum1DrrY PROJECT MANAOER Mario Beltran CONSTRUCTION ACTIVITIES DAY P.O. Box 1248 Springdale,Arkansas 72765 341 West County line Arad 72764 (479) 756-5999 FAX (479) 756-1749 3-17-15 IS MTIWITHRFSI BRITE SUN CLEAR OVFRCAST RAIN SNOW TO 32 32 — 50 50 — 70 70 — 85 85 Lip STILL MODERATE HIGH I REPORT NO. DRY MODERATE RW-0 Rock Excavation for pier caps and footings at Liner Building • Hard limestone layer was encountered • Hoeram was used to excavate the limestone • Locations and quantities of rock excavation are as follows Location Dimensions Footiaag on C, 1.6 to 2 22' x 9' x 1.5' Pier Cap, C-3 5' x 5' x 2' Pier Cap, C-2 5' x 5' x 1.6' Quantity, cu yd 11 1.9 1.5 Total: 14.4 cu vd BY Subra T. Mat, Ph-D., P.E. TIME Principal/Manager, Springdale Office Plate 1 GeoW-finical and Materi& Engineering I Construction Surveillance 14 =H=1 NC CONSULTING ENGINEERS April 15, 2015 Job No.: 14-5304 City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Attention: Mr. Chris Brown, P.E. RQ Box 1248 spnngdale.ArM ansn 72765 341 West County litre Road 72764 (479) 756-5999 FAX (479) 75&-1749 SUBJECT: DAILY CONSTRUCTION REPORT — ROCK EXCAVATION SPRING STREET PARICING DECK FAYETTEVLLLE, ARKANSAS Mr. Brown: Please find attached the daily construction report for the rock excavation observations performed at the above -referenced project on March 17, 2015. Should you have any questions, please do not hesitate to contact us. Attached Plates: STBlame Copies Submitted: City of Fayetteville Attn: Mr. Chris Brown, P.E. Baldwin & Shell Attu: Mr. Mike Castagna Attn: Mr. Morris Vines Attn: Ms. Leslie Fana Garver Attn: Jeff Webb,P.E. Attn-. Mr. David Clement, P.E Sincerely, GRUBBS, HOSKYN, BARYON & WYATT, INC.Al Z'1-L,el �- Subra T. Bhat, Ph.D., P.E. PrincipaUManager, Springdale Office (email: cbrown@fayetteville,-ar.gov) (email: meastagna@baldwinshell.com) (email: mvines@baldwinshell.com) (email: LFann@baldwinshell.com) (email: djwebb@garvernsa.com) (email: DTClement@GarverUSA.com) Geaiech)ical and Materials Engineering ! Construction SurveMance !b •` t) B" /'b0i1 .1 N C. CONSULTING ENGINEERS DAILY CONSTRUCTION REPORT DATE PROJECT Spring Street Parking Deck WEATHER JOB NO, 14-5304 TEMP CLIENT City of Fayetteville WIND CONTRACTOR ]Baldwin & Shell Hu wrrY PROJECT MANAGER Morris Vines CONSTRUCTION ACTIVITIES Rock Excavation DAY P.O. Box 1248 Springdale, Arkansas 72765 341 West County Line Road 72764 (479) 756.5999 FAX'(479) 75&1749 3-17-15 IS MTIWITH MS BRITESUN CLEAR OVERCAST RAIN I SNOW TO32 32-50 50-74 1 70--85 85UP STILL MODERATE HIGH REFORTNO, DRY MODERATE HUMID Hard limestone was encountered at the following locations. The limestone was excavated using a hoeram. Rock quantities were measured by Baldwin & Shell. Location Footing at SE Corner at C-1 Pier caps at C-1 & B-1.6 uantit 12.5 cu yd 3.6 cu yd Total: 16.1 en yd BY Sabra T. Bhat, Ph.D., P.E. TITLE Princi alp INlanager, Springdale Office Plate 1 Geo,edmlcal and Materials Engineering / Construction Surveillance C;rlubbs. Hoscyn, Bartoon $ Wya . INC. CONSULTING ENGINEERS March 31, 2015 Job No.: 14-5304 City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Attention: Mr. Chris Brown, P.E. P.O. Sox 1248 Springdale,Ariwsas 72765 311 West County Line Road 72764 (479) 756 "9 FAX (479) 756-1749 SUBJECT: DAILY CONSTRUCTION REPORT — ROCK EXCAVATION SPRING STREET PARICING DECK FAYETTEVH,LE, ARKANSAS Mr. Brown: Please find attached the daily construction report for the rock excavation observations performed at the above -referenced project on November 17 and November 25, 2014. Should you have any questions, please do not hesitate to contact us. Attached Plates: Sincerely, GRUBBS, HSOSKYN, BARTON & WYATT, INC. ' ASubra T. Bhat, Pb-D., P.E. Principal/Manager, Springdale Office STBlame Copies Submitted: City of Fayetteville Attn: Mr. Chris Brown, P.E. (email: ebrown@fayetteville-ar.gov) Baldwin & Shell Attn: Mr. Mike Castagna (email: rncastagna@baldwinshell.com) Attn: Mr. Morris Vines (email: mvines@baldwinshell.com) Attn: Ms. Leslie Fann (email: LFann@baldwinshell.com) Garver Attn: Jeff Webb,P.E. (email: djwebb@garvcrusa.com) Attn: Mr. David Clement, P.E. (entail: DTClement rr GarverUSA.com) Geotechnlcal and Matorials Engineering i Construction SLry llance =n9attru7i . N. C. CONSULTING ENGINEERS DAILY CONSTRUCTION REPORT DATE PROJECT Spring Street parking Deck WEATHER 1013 NO. 14-5304 TEMP CLIENT City of Fayetteville WIND CONTRACTOR Baldwin & Shell HUMIDITY PROJECT MANAGER Morris Vines CONSTRUCTION ACTTVTTIES Rock Excavation Observation DAY P.Ct Box 1248 Springdale. Arlmnsas 72765 341 West County Line Road 72764 (479) 75&5999 FAX (479) 75(i 1749 11-17 & 11-25-14 S M T W TH M S BR rE SUN CLEAR OVERCAST RAIN SNOW TO32 32-50 50--70 70-85 85UP STILL MODERATE fi[GH REPORTTIO. DRY MODERATE HUM [D I visited the site as requested by Morris Vines to observe and quantify mass rock excavation at the site. A sandstone cap was encountered at the northeast corner of the site in the north liner building area, at elevation corresponding to just below school avenue. ➢ A hoesarn was used to break up the sandstone. ➢ The sandstone cap measured approximately 40 ft by 25 ftby 2.6 ft (thick). ➢ Quantity of rock is calculated at 96 cu yd_ BY Subra Bhat, Ph.D., P.E. TrrLE Principal/Manager, Springdale Office Plate 1 Geotechnical and Materials Engineering 1 Construction Surveillance Gdfi;ttr�l. 0!tire-•f�ittr3l'A; aR4a5 O:v�c;grt •'t;o;[hcesi ksta^s33 �i'li lOR • NW,1 A!?M Arki 1525 0NTi[11 •'Ccn:IOut: I!un ServiaS'.r:I;iskilt C" p :d--3 BALDWIN SDELL C0NSTR-b-CT10N C.0rdPAN, NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- April 25, 2M May 12, 2015 FAYETTT EVILLE ENTERTAINMENT DISTRICT PARKING DECK 229 North School Ave. �4, a tf s _ Fayetteville, AR 72701 MEN �C8ub- itAo »IMI Elk! . '.�..p2N. r,i•!1�meiT JEFF WEBB GARVER L•LC 2049 E. JOYCE, SUITE 400 FAYETTEVILLE,AR 72703 The following Item or items have been priced based on the following: Price Change per Pmpecal Request *S 1 dated Q22QQ! 5. To relocate meter rack per SWEPCO requirements. Per Jack Regal's email dated 4/30/15. �P,_endin GFian a Ord"er1�N'o�,.- �. - -9 ..k --� -- =� - �18 a�©'escri tlon^rSt' ZIP :.,�;a �� ,. ,��r : M � , , � M — - ..I?-- '� �.►�r• s�.�."x�a••w���;�a;. gar :::' aL&9S"'�•s�"�+' .i2:i�iy,��'��1�.f+i• 4PR411- PG SWEPCO meter relocation requirements •;, £ 4� C �rrrt� s Pending Cha�►ge:�0'r`der�lfe'riz • pc3� 3 .1• .e i 4 rtaL tii �'i'?p9;?lii fir - ' .'. ,: '4�\:" - _: , NON ; Aciditin69 Gosatract Days ; � r.�ci" lq&g �n g rf1§it�i �15 PRO,���:r :�:���Y���:U ! h,•+wtn•N+' �'•vp t! I Appr.oued=by ^ `�-. E�� - Ay?�t `M i'viy l�i..rrr,•..' ,• L:umplSZm , xf}'`* 'ia�• x 1 1 : PR#11- PG SWEPCO meter 0 5/1/15 relocation re uts iremen See attached breakdown. Pricing does not Include any kind of exterior wall or enclosure. Meters to be mounted on exterior angle iron rack. pub 5 �F '$ Comments: :Note: P,endin ;Chan"'e`.Orc3e"r:;umlier and Peiadii 'Chan e.,Orde�ate srium`hers'aTe°internal:trackin({'riumbe�s: Q g- J.r'! §,, .tivi#liiriithe:BaldwinWShellProject=Nana a'meritiS'sterrii:`AcEuaICEian e.0ideiiumtienn will`:be-;assi"nedti`=.tle�°:i%�i`-s• —.,�,:::•_,:.�,.�..., ;�� �•- .`cC:' .y.,,r.•s'::.:;.ry,:,•.�- ..9=::a•,:: Cs•.T:,>�,•..;,:;,9•.zr_, wArchifectlEngrneer of Owners:Represeniatiye:.;at_varbal;or_wnttenaufiiorizahon'to proceed�wlth;•this;pentlingchanger:-: ? corder;is.Issljed.jease,refer,toSUie Perkling=C.hang�,'O�d'ei;a'rids_P,endig r?FChange.Order..ltem-tr tfi a a!�tliorization Submitted by: Approved by: ❑Verbal ❑ Written Mario Beltran Title: 4/25/2015 Date: 1."•'A+!.:)tJ' lLi:4inSll�il.%^•r"1 "_ar,:alata Lrlii�_ • L'^�If=i;,l ansas,l}itlisl0rt • fa Fr t sast lrianag CiY�iur? '�:Gt,elwrhstF',k39 ., 6N. 4iN • ioitst'trst�er,'SPt ire t Fgf�if,7 BALD 6N = SHELL CO NSTAi1C-T101� C0MPAN'-Y Estimate Breakdown Project 2258 Spring Street Parking Deck Architect Garver Contractor : Baldwin and Shell Construction Date 5/12/2015 Description of Request: PR#11 SWEPGO Electrical Meter Flack requirements ttern Qty. Unit Labor excluding burden Material including tax Other Subcontracts General Conditions 1 LS Bonds I Insurance 1 LS Electrical 1 LS SUBTOTAL I I A 10 01 126 4 321 Total Labor, Material, Equip and Other Ohl & Profit Total Subcontract Fee 5% TOTAL COST 1 L AIf A A L/ ArAV a 4=, Aff sAV M&M rs Ar-s r: s a/ Ms Alf M a VdMV ELEGTRW May 19, 2015 Baldwin and Shell Construction Co. 593 Horsebarn Road Suite # 100 Rogers, AR 72158 ATT: Mario Beltran Dear Mario, P.O. Box 1370 701 Kawneer Drive Springdale, AR 72965 PH. 479 — 756-6777 FAX 479 — 756-6931 We please to submit our revised price for changes made by PR # ll dated 4/22/2014 for the Spring Street Parking Garage North Liner Building in Fayetteville Arkansas. Pricing will be as follow: Included: 1. Relocate the meter pack from the electrical room to new proposed location inside the parking garage as detail in email by Jack Regal dated on 04/30/2015. Placement of meter pack per attached sketch. Excluded: 1. All concrete. 2. Rock excavation. 3. Replacing and modifying landscaping. S 3,529.00 Respectfully Submitted, g�w"v 'T' ems, Juan P. Ortiz Project Manager Marrs Electric, Inc. 1 < M i New proposed location for > meter center € }K} ......... MDP-17 1 ^ F ......... P......... 9 =il..ruA s-.of�-='-4" EMIT W/ 500 AL & VVV , r310.,..... - .......... DCU 1 _�' � ,�,,,,.�•:•�•• � •��--�•��•••• One 2" Esn2!y EMT for east and ` south finer ..... .....................................................................................................•........................................ MDP � � ...'v 1 PANEL run of-----4" EMT W1 500 AL & 11#310 LECTRICAL ROOM ETER CENTER BID SUMMARY REPORT Name: Sprinq Street Parking garage relocate Estimator: Admin . Job #: - 653 Job Name: Spring Street Parking garage relocate meter bases Contractor: Baldwln & Shell Construction Estimator: Admin Notes: Bid Date: Tuesday, May 05, 2015 Intruded Summary Description Extended % Adjusted Material Extended % Adjusted tabor 0 Summary 91 $1,315.90 100.00 $1,315.90 29.42 100.00 29.42 Top Sheet Raw Cost $3,044.11 Sales Per Month $0.00 Tax $128.30 Return Per Month $0.00 Raw Cost With Tax $3,172.41 Price Per Sq Foot $0,00 Overhead $0.00 Hours Per Sq Foot 0.00 -Profit $304.41 Square Feet 0.00 Total Return $ $304.41 Job Months 0.00 Total Return % 8.62 Hours per Week 40.00 Price $3,478.92 Workers Per Day 0.00 Bond $52.15 Total Hours 29.42 Sell Price $3,526.97 Mark Up Sales Tax? No Sell Adjusted By: $0.00 Use Bond Table? Yes Ad Sell Retum 0 $0.00 Labor Percent Hours Hourly Burden ClassDescription of Total Distributes{ Rate Rate Percent Labor Cost Labor 100.00°% 29.42 $45.00 $0.00 0.00% $1,323.90 Labor Factor 10.00% 2.94 $45.00 $0.00 0.00% $132.39 Supervision 10.00% 2.94 W-00 $0.00 0.00% $176.52 Project Manager 2.82% 0.83 $75.00 $0.00 0.00"% $62.22 Cladcal 2.82% 0.83 $40.00 $0.00 0.00°% $33.18 Totals: 125.64% 36.96 $46.75 $0.00 0.00% $1,728,21 MARK UPS OVERHEAD PROFIT Total % Amount % Amount Materials $1,315.90 0.00°% $1,316,90 10,00% $1,447.49 Labor $1,728.21 0.00% $1,728.21 10.00% $11901.04 Supplier Quotes $0.00 0.00°% $0.00 10,00% $0.00 SubContractors $0.00 0.00% $0,00 10.00°% $0.00 Direct Job Expense $0,00 0.00°% $0.00 10.00°% $0.00 Equipment Rental $0.00 0.00% $0.00 10.00°% $0.00 Totals. $3,044.11 0.00°% $3,044.11 10,00% $3,348.52 TAX Report Taxed Amount Tact Rate % Tax Amount Materials $1,315.90 9.75% S128.30 Labor $1,728.21 0.00% $0.00 Supplier Quotes $0.00 0.00% $0.00 SubContmctors $0.00 0.00°% $0.00 Direct Job Expense $0.00 0.00% $0A0 Equipment Rental $0.00 0.00% $0.00 511812075 7:57:18 PM McCormick Systems ins. Page: 9 of 2 BID SUMMARY REPORT !Name: Spring Street Parking garage relocate Estimator. Admin Job #: 653 Total Tax; $128.30 j 5/1912015 2:57:16 PM ,McCormick Systems Inc. Page: 2 of - Job Name: Spring Street Parking garage relocate meter bases Bid Date. 05/05/2016 Contractor Name: Baldwin & Shell Construction Contractor Telephone: Type of Job: Square Foot: Sell Price: Sq. Foot Price: Sold for: To whom: Contract Price: Percentage of Overall Jobs: Demolition on site?: Job #: 653 Lead Estimator: Admin Notes: Extension Report: Book Price & Bid Labor Bid Summary: Summary #1 Extension Labelsets Base Bid none none none none Combined Combined Combined Combined Combined 'Bass Bid 1 ' none 1 ` none 1 ' none 1 ` none 1 tems Quantity Item 9 Item Name CCods Book Price u Bid Lbr u Ext Book Price Bid Lbr Ext 4D.00 170 3M X1- HW AL STRANDED wf $800.00 M 16.00 M $32.00 .64 2B0,00 175 400 XHHW AL STRANDED vW $1,800.00 M 25.00 M $604.00 7.28 20,00 503 2 EMT of $164.00 C 5.000 $32.80 1.00 70.00 507 4 EMT of $480.00 C 12,00 C $336.00 8.40 4.00 519 4 EMT 90 ELBOW of $42.00 E 70.000 $168.00 2.80 4.00 560 2 EMT CONN DIC of $334.94 C 2D.00 C $13.40 .8D 4.00 564 4 EMT CONN DIC of S1,337.36 C 45.00 C $53.49 1.80 4.00 644 2 EMT COUP DIC of S371.64 C 9.00 C $14.87 .38 8.00 648 4 EMT COUP DIC ct $1,6c6.74 C 20.00 C $135.74 1.60 6.00 840 2 EMT 2 HOLE STL cs $47.23 C 4.00 C $2,83 .24 10,00 W 4 EMT 2 HOLE STL is $103.00 C 5.00 C $10.30 .50 4.00 1,492 2 BUSH PLASTIC or $66.22 C 25.00 C $2.73 1.00 4.00 1,496 4 BUSH PLASTIC cf $243.44 C 75.00 C $9.74 3.00 .00 1,956 318" EXPANSION SHIELD ch $124.52 C 6.00 C $,00 .00 .00 1,983 318" X 3" LAG BOLT ch S.39 E .04 E $.Do .00 .00 1,995 318" WASHER ch $13.57 C .00 X $.D0 .00 .00 3,420 8X8 WIREWAY gc $74,15 E 17.00 C $.00 .00 .00 3,424 8X8 END go $4.97 E .20 E $.00 .00 Totals $1,315.90 29.42 i McCormick Systems Inc. 5/19/2015 2:56:40PM Page 2 of 2 � Mario Beltran From: Brown, Chris <cbrown@fayetteville-ar.gov> Setit: Friday, May 22, 2015 12:26 PM To: Mario Beltran; Pate, Jeremy; Webb, D. Jeffrey (DJWebb@GarverUSA.com) Subject: RE: Spring St. SWEPCO proposal - ProposalRequest:PR-00011:FgWZv Mario, This is acceptable to the City. Sorry for the delay. Chris. From: Mario Beltran[niailto:MBeltran@baldwinshell.corn] Sent: Tuesday, May 19, 2015 5:26 PM To: Brown, Chris; Pate, Jeremy; Webb, D, Jeffrey (DJWebb@GarverUSA.com) Subject: FW: Spring St. SWEPCO proposal - ProposalRequest:PR-00011:FgWZv- Chris See below and attached revised Marrs price. What I will do is take out our add-ons and just take it out of our contingency. This way we don't have a small $4-5k change order to our GMP. I will still utilize the unspent allowances per the attached CO log. This way I can process all those items and start with a clean state if you guys are ok with it? Thanks, MARIO 13ELTRAN I PROJECT MANAGER NORTHWEST ARKANSAS DIVISION BALDWINRELL Cti@SIft0CArl09 @GYPBKY 593 HORSEBARN ROAD, SUITE 100 1 ROGERS, AR 72758 (0) 479.845.1111 • (c) 479.295.9321 - (f) 479.845.1115 www.baldwinshell.com From: Juan Ortiz[mailto:jortiz@marrselectric-ar.com] Sent: Tuesday, May 19, 2015 3:28 PM To: Mario Beltran Subject: RE: Spring St. SWEPCO proposal - Proposal Request: PR-0001 1: FgWZv Ma rio, Attached is our revised price. Quantities were revised on prefer location listed by Chris Brown. if there are still question in regards to my pricing, maybe beneficial to have a meeting and talk about it. Tha nks Juon P. Ortiz Project Manager Marrs Electric Inc. Phone 479 - 756-5777 Fax 479 - 756-6931 Cell 479 - 435-DS53 iortiz@marrselectri:-ar.co From: Mario Beltran fmailto:MBeltran,7a baidwinshell.comj Sent: Tuesday, May 19, 2015 8:01 AM To: Juan Ortiz Subject: FW: Spring St. SWEPCO proposal - Proposal Request: PR-00011:FgWZv See below... MARIO BELTRAN 1 PROJECT MANAGER NORTHWEST ARKANSAS DIVISION BAL1.W1N k1ELL C0It9TAUCI100 tomPAAV 593 HORSEBARN ROAD, SUITE 100 ! ROGERS, AR 72758 (o) 479.845.1111 • (c) 479.295.9321 • (* 479.845.1115 www.baldwinshell.com From: Brown, Chris maiiko:cbrown fa etteville-ar. ov Sent: Tuesday, May 19, 2015 8:00 AM To: Webb, D. Jeffrey; Mario Beltran Cc: Morris Vines; Petrie, Ron, S; Melton, Bryan T.; Pate, Jeremy Subject: RE: Spring St. SWEPCO proposal - ProposalRequest:PR-00011:FgWZv The meter location as shown is also incorrect. There were two alternate locations proposed-SWEPCO chose the other location, on the back side of the liner building wall. Not sure if this will change anything price wise, just want to make sure we get everything in the proper location. Chris From: Webb, D. Jeffrey [mailto:DJWebb(c@GarverUSA.com] Sent: Tuesday, May 19, 2015,4:32 AM To: Mario Beltran Cc: Morris Vines; Petrie, Ron, S; Melton, Bryan T.; Pate, Jeremy; Brown, Chris Subject: RE: Spring St. SWEPCO proposal - ProposalRequest:PR-00011:FgWZv Importance: High Mario, I still have a question — please see below in green. This should result in additional cost savings. N u M- �� � •y-, � iAGTwwr .K !c• [ .y.k—o4 fI.UCU •!. `..li:r �4`.- I:'., - {',. w-r�r..-w.i: nlrn.u.�.wn.. t■�r D TL �7' � � r:.s �—:'- .a.,., n:. :...r• ..�,rx.iti. ,r.,yy ..� r..�.'......,a .:.-rr �r+w :ru lr:.a.r., w..a:.,r .�.\�..•p ... vyY y.:•rF�Wn.,.'r}n.��:'Y,.!.'.::.:'RanL��r+.n,n:i�+.�.��.:w.-•r.�{�b:-is.:f:.:rx...-,.r:.:!.w•:..'.Fcw:•naw.�i.•+r.4,a.n.«�..w: +:.yr.:.r�:�1�,�K �.' •`�' �'!.'.i..wL�e.:.�,vN�L6?"rrtZ�ev��.:.w;a�.raac-isrn�ni*r,nr...r�e�naux:�rw.�da�=wc:::.........`.-..� aiaa:.•.•:-r:.e::wSw�= � iw-�wrNw=::w+P 'tha e •�150 Jeff Webb, PE Garver 479-527-9100 From: Mario Beltran maiito:MBeltran baldwinshell.comj Sent: Monday, May 19, 2015 5:49 PM To: Pate, Jeremy; Brown, Chris; Webb, D, Jeffrey Cc: Morris Vines Subject: FW: Spring'St. SWEPCO proposal Chris, See Marrs response below. Thanks, MARIO BELTRAN I PROJECT MANAGER 9 NORTHWEST ARKANSAS DIVISION BAt��N&SHELL Eak-sTout31ah Cam�aRt 593 HORSEBARN ROAD, SUITE 100 1 ROGERS, AR 72758 (o) 479.845.1111 • (c) 479,295,9321 • (0 479.845. i 115 www, baldwinshel l.com From: Juan Ortiz mailto:'ortiz marrselectric-ar.com Sent: Monday, May 18, 2015 8:22 AM To: Mario Beltran Cc: Juan Ortiz Subject: RE: Spring St. SWEPCO proposal Mario, Please see below. Let me know if you have any questions. 1. The distance from the conduits into the mechanical room to the proposed meter location appears to be no more than 15 feet. Therefore, we question the lengths of wire and conduit in the proposal. Additionally, two of the three meters will not be in service, so potentially we could just eliminate the runs of wire for those. e There are two run of conduit that need to be intercepted from original location of meter pack ( 30' counting drop downs ) then we have to extend conduit over to MDP panel (10' run ) The conduits for the shells are already empty per the original documents. 2. it does not appear that any coring will be required since the wall that the meter is on does not currently exist. o Project is progressing at fast pace, core drill was figure in my price just in case pricing was not approved in time the wall go up. If change directive is approved before walls go up deduct the $ 400 dollars. 3. The amount of labor required to essentially extend 4 runs of conduit by 10 to 15 feet seems excessive -there should already be labor built in to connect the meters to the electrical panels, so the extra work is just for the extensions. a My take off details the labor required to extend conduits with wire to new location, it takes time to pull wire and perform more bends in larger conduits. 4. From Jeff Webb -the box that was needed for the interior meter installation can be eliminated/reduced in size - the meters will be exposed in their new location. o Meterpack is built as a single unit, it is already in our shop waiting installation. 5. We requested a schematic to show the conduit and wire runs, to help explain where the quantities came from. o Please see diagram below. - W—U#46n:f-Sr'.:h Thanks Juan A Ortiz Project Manager Marrs Electric Inc. Phone 479 - 756-6777 Fax 479 - 756-6931 Cell 479 - 435-0553 iortiz@?marrselectric-ar.com 5 ub Ll !-LEv- irk CAL ROOM: RCENTER." From: Mario Beltran fmallto•MBeltran@baldwinshell.ca�r j Sent: Friday, May 15, 2015 12:53 PM To: Juan Ortiz Subject: FW: Spring St. SWEPCO proposal Juan, See below. MARIO BELTRAN I PROJECT MANAGER NORTHWEST ARKANSAS DIVISION BAIDWIRELL E 6105 T I1 U i 1101;&6AP&AT 593 HORSEBARN ROAD. SUITE 100 1 ROGERS. AR 72758 (0) 479.845.1111 - (c) 479.295.9321 • (f) 479.845.1115 www.baidwinsholl.com From: Brown, Chris mailto:cb row nolfaLett_eville-ar. ovJ Sent: Friday, May 15, 2015 11:09 AM To: Mario Beltran Cc: Pate, Jeremy; 'Webb, Jeff Subject: RE: Spring St. SWEPCO proposal 1. The distance from the conduits into the mechanical room to the proposed meter location appears to be no more than 15 feet. Therefore, we question the lengths of wire and conduit in the proposal. Additionally, two of the three meters will not be in service, so potentially we could just eliminate the runs of wire for those. 2. It does not appear that any coring will be required since the wall that the meter is on does not currently exist. 3. The amount of labor required to essentially extend 4 runs of conduit by 10 to 1S feet seems excessive -there should already be labor built in to connect the meters to the electrical panels, so the extra work is just for the extensions. 4. From Jeff Webb -the box that was needed for the interior meter installation can be eliminated/reduced in size - the meters will be exposed in their new location. 5. We requested a schematic to show the conduit and wire runs, to help explain where the quantities came from. I think that was all, but Jeff and Jeremy please add anything I have missed. Chris From: Mario Beltran[mailto:MBeltran@baldwinshell.com Sent: Friday, May 15, 2015 10:45 AM To: Brown, Chris; Pate, Jeremy Subject: Spring St. SWEPCO proposal Chris/Jeremy, Could you guys send me the list of questions you had on the Swepco pricing? Thanks, MARIO BELTRAN I PROJECT MANAGER NORTHWEST ARKANSAS DIVISION BALBWtH ca"ItRuctiou .COR,Kk 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 (o) 479,845,1111 . (c) 479.295.9321 • (fJ 479.845.1115 www.baidwinshall.com A== No virus found in this message. Checked by AVG - www.avg.com Version: 2014.0.4800 / Virus Database: 4311/9769 - Release Date: 05/13/15 No virus found in this message. Checked by AVG - www.avg.com Version: 2014.0.4800 / Virus Database: 4311/9792 - Release Date: 05/16/15 No virus found in this message. Checked by AVG - ww_w.avg.com Version: 2014.0.4800 / Virus Database: 4311/9811 - Release Date: 05/18/15 No virus found in this message. Checked by AVG - www.avg.com Version: 2014.0.4800 / Virus Database: 4311/9817 - Release Date: 05/19/15 No virus found in this message. Checked by AVG - rvww.avg.com Version: 2014.0.4800 / Virus Database: 4311/9841 - Release Date: 05/22/15 Rn�n SwE�c� Mario Beltran From: Jack E Regal <jere al@aep.com> Sent: y, pn 30, 2015 12:32 To: Brown, Chris Cc: James Sargent; Charlie Daniels; Mario Beltran; Webb, D. Jeffrey Melton, Bryan T.; Morris Vines; Jeffery A Milford; Pate, Jeremy; Charles Ferguson; Zane C Allen Subject: RE: Spring Street Parking Deck -Meter Location To All, I had, and still have some question regarding access to the meters due to the restricted height of vehicles. Actual access to the meter location due to vehicle height will probably restrict the vehicle to a meter readers truck only. Our meter service trucks are full size pickups with ladder racks on top, and our service bucket trucks would definitely be prohibited from the meter location. However, due to the fact this installation is for self-contained metering and the City owns all the equipment except the meters, there is only a remote occasion that a meter service technician with his meter service truck would need to be at the meter location. A CT metered installation would have been considered differently. With that said,'the Swepco departments that are involved have agreed to allow the meters inside the structure at the location designated in "blue" on the picture below. CoMC FILLED GAL:Y StC PjPE 3 %LMb FLAT TOP Wowd '664::bf :ibis �acations.yva�c�:for: From: Brown, Chris fmallto cbrown@favetteville-ar.govl Sent: Tuesday, April 28, 2015 5:23 PM To: Jack E Regal Cc: James Sargent; Charile Daniels; Mario Beltran; Webb, D. Jeffrey; Melton, Bryan T.; Morris Vines; Jeffery A Milford; Pate, Jeremy Subject: Spring Street Parking Deck -Meter Location This is an EXTERNAL email. STOP. THINK before you CLICK links or OPEN attachments. Jack, Jeff Webb and 1 just discussed the meter location for the parking deck, and he passed on to me the concerns SWEPCO has with the proposed alternate location at the southeast corner of the parking deck. I would like to ask for reconsideration of the alternate location. I have read through the SWEPCO Electric Service Handbook and, while it is true that the meters would be under the parking deck roof, they will be located outside of any buildings, and the location appears to meet all of the other requirements noted in the handbook. Placing the meters in the proposed alternate location does not seem to be any different than placing them on the back on any building, that would be accessed from an alley or similar access point. 2 This is about a $12,000 item, so I am hoping we can receive some help with finding a compromise. If we need to meet on site to get a better feel for the location, please let me know. No virus found in this message. Checked by AVG- www.avg.com Version: 2014.0.4800 / Virus Database: 4311/9660 - Release Date: 04/29/15 BALDWIN SHELL C00STRUCT10N G0PAPANV NORTHWEST ARKANSAS DIVISION, 593 HORSE13ARN ROAD, SUITE 100 ROGERS, AR 72758 2258- April 25, 2015 FAYETiEVILLE ENTERTAINMENT DISTRICT PARKING DECK 229 North School Ave. MIX Fayetteville, AR 72701 :C-1 ..h ..l,r•C�'7��-�I�i'n y A i :ter - ' ,ME •'7A D A C A A7f1 O AC AAA C JEFF WEBB GARVER LLC 2049 E. JOYCE, SUITE 400 FAYETTEVILLE,AR 72703 _The following item or items have been priced based on the following_ Credit for unused monies from the Abatement Allowance. Original allowance per contract $7,700. Spent to date $5,223.00, ($7,700 - $5,223 W $ 2,477) 19 1 Reconcile- Abatement Allowance 1r1--11RV gChAain"e Qite�Acidzii Y+ aCo6 rapt a,Y.i�e.w� '»;"�' - ,'D 1 : Reconcile -Abatement 0 511115 $ {-2,477.00) Allowance Comments: Submitted by:. Approved y: Verbal El Written -�` Mario Beltran Title: 4125/2015 Date: 04 27/2015 %%-hw. b aid .1 r. s 1he 11-m m Exhibit "SOV01" PAYMENT APPLICATION Page 1 of 2 Baldwin & Shell Construction Co. ( _ Date PO Box 1750 Little Rock, AR 72203 Job No, 2258 Application No. 1 FROiN:,�}r>r f3'G.9� r=-f11r'}\�4vts �rr> Subcontract No. 2258- '7U3.1 li u'(�+'/� ��f;.�'�i�I.i�.hP. Phase Code _ Vendor No. Project Description: Fayetteville Entertainment District Parking Deck TOTAL PREVIOUS CURRENT COMPLETE APPLICATIONS MONTH 1. Original ContractAmount `G{ Ott 12. L)D 51 to Net Change By Change Orders iJ,_%93.y 3. Contract Sum To Datec�j 4. Total Completed & Stored To Date 5. Retainage: A. 10% of Completed Work 5'? Dom• �% B. of Stored Material _% 0-D Total Retainage . 6. Total Earned, Less Retainage 'T • irCi i 7. Less Previous Payment Applications t} . L)D A av_t� 8. Current Payment Due 9. Balance To Finish, Plus Retainage The undersigned Subcontractor or Supplier. (a) certifies that to the best of its knowledge, information and belief the work covered by this Payment Application has been completed in accordance wllh the Contract"Documents, and that current payment shown here is now due. (b) certifies that each of its subcontractors, suppliers and equipment providers have been fully paid or will be timely paid, less retainage, with the funds received under this or previous applications. (c) waive and releases the Owner, the owner of the real property in which the Project is located (if different from the Owner), Baldwin & Shell Construction Co., and its surety from all claims, right of action or lien of any kind or nature arising out of work performed or materials furnished up to the date hereof, except for retention and any claims noted below. Claim(s) excepted: Subcon r plier: Notary Stamp By: By - 1� ja 1 j Title Date: LA RA E. HOFMAN PULASKI COUNTY PUBLIC - ARKA�tSAS IN WITNESS WHEREOF, the above -named authorized agent has executed this Payment C MMiY ExpirES July 21, 2Q24 fU6y CIO Application this �~r�G� day of 20%. Commission fro. 12400097 ommisS,) / State of: 'l�r�{4: �j� ; I k L I it �%' ba commissio dire { -I County of: L(.L i otary Public L LU (33 z 0 Q U 0. EL Q at c C O U z LL) Q EL 0 LL w U LU U LU z „n iy- ur_ _ z C � LL J U m F- v :3 C) O C7 O O r� J m 2 LL Qa�OM+ J 00 E� o+, t I - 0 cn ti! Q`o LL R CCD LL, N d {L O ° z c11 O r, Lu fl $ 49 o .-. O0a Up CJ U o a " 'J Q L3 J LU :3 U cs LU U U) Y O LL Q O F' o m0 � Li J yz L w V1 Q �', a O LUNC7V z rutCDi�CO CrN 0QU'7CO1—wM 0r cV M �r Ln 0I—a0M0r r r t- r r r r r 1— �— N N N ch C7 Ctqpnrale Unite o LAMM] Afj IhSaS Uraslen • Nwilmns! Afr-s11095 nvItIGH • U0ns:r![C1jW1 rfw,:n'n BALOWIN&4RELL e0NS7RUCT10N6MPAHY NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- April 6, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK 229 North School Ave. MR: ' Fayetteville, AR 72701 _.— '°;..:,- ,_,�w41 479-845-1111 479-845-1115 Jeremy Pate CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE,AR 72701 The following item or items have been priced based on the following: Changes per Proposal Request #1 dated October 7, 2014 & per email response from PSW on 41312015. Removed conduit requirement for groups C, D. & E. Conduit for group B (Intercom) and Group F (Fiber) only. Pendin aCtsan e. 0� er4NQ` •Dese�i fi nl Off-: x,... m,9_. ....... # i �. sue. �,sf" 3 PR #1 - NLB AN Raceway Infrastructure ca ,at„tj rar_ Pe"`a��;gct;an o:�e�'�rte �i�� r .ra � ..n'Y . c' !� •,: F R tk ..rxeu:ira :• "--:�=- v ,Additional3Gontracf'DaysIf%Approuedby 23?s�Y.tt1:%�.e.. r_tr'.Y4. .dnx.. 'kd: €1'�Y1=� 'r r' �ra.e vu,�,r e•, _5.:: �E.s�� cur .t,....u��-.. •. 419115 Lump>Siaml.�, � - $0.00 1 : PR #1 -NLB AN Raceway 0 Infrastructure 1 �• 95/ Aeduct NLB internal contingency by ($-1�;591j. See attached breakdown, subcontractor quote and conduit layout. Quick approval is needed to avoid delays. Comments: TUtwit�•• hcO:ewE:-B•Ln"'a;9•"{.sii_n#,w,e5�e .le-n°r.8o,:r-S�'O,-F. 'iwelri{'P�,,r.�.o's,•Y.;:e,R: .c,e;t:P`M.rea;s'an•.rtei.ac•n':yg-`.'ti.�ea�mt•P.ee.ern.l` t:d,lvSf,;ir.yvase:r.Yt,re`53':a.N+`l`:h`ol'iuA�r ,�-cw'"f.uh'.,ia�t-le.•,',eiCrt"n.:..Ya•ti:la•u::'.nYx#ag.hgr.;}o!.e••:c;,x iQz:a.,r_nd's:t%,l3'eorrier::rsNokebendti gCa. tmrium--uo.•r:apn"n`'brre.'o.s,ei?mNF'.eeaR hrit iAMhte rriotle_s �}gzkmdy;•`.,w,,wi�*a:�.':..11�y.lt:'ri.t^h,b�.':a_r,efcYSl,7.la:krs:i.s.xp_r-:s_9'-".e�rg;nYnn•-Rude.3a'm:�rd.n-i'�+},g •4e.c.syrA�sa..�s:taCitn�.,;.�.� ;•'T.-'�a;;:,`•, ;�E J sssuetl, Eease::�efggtoRthe>?endmg Chan a Order•an¢F.P,endingr'ChangeArder,EterrislnxtFie;authorization:�:,,;;,;;,r Submitted by: Approved by: Verbal Written f -L 5' U sw�,n vie e�cai� on 3 / Mario Itran Title: 4/612015 Date: vr.'v��.ls�lti•.v:ns;,e? i.cr,rn �r F, : "`_r,.s.".'•:•"-.. -iafw nr.uuem ul of yu � rM umw MIMUCMi Uf�lilUtr �Yi vIhG�4 R1611rSW Yraldr an YVllb�l ll4ii!n !Krflr6l`Iny lSti.9i.'�•3l;bY �r y'L.r';" ?'� ``.}.GS�}� .fry Lu[rriaeJe•viella � L6 I 4 BW1H HELL---- C0H8TRUCT10-N q0 M P-'A.H Y NORTHWEST ARKANSAS DIVISION, 593.HORSEBARN ROAD, SUrM 100 ROGERS, AR 72758 2258- March 31, 2015 'FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK 229 North School Ave. a Fayetteville. Aft 72701 47CJ-845-1111 479-845-1115 JEFF WEBS - GARV.ER•LLC -2049 E. JOYCE, SUITE 400 fAYETTEVILLE,.AR 72703 The following item or Items -have been priced based on the following: Proposal to.furrilsh and Install a temparary.chiller fot.the North Liner Bullding,for temporary climate control. This'includes a 3:rnonth rental period.frorn May 20, 201.5 unttl,August'20, 2015. Additlonaj,charges may apply if the necessary -new MEP services are.not..pMvided by the -WAC contracar as'.per their current scheduled -date of 8-20-15. See attached txeakdown and subcontractor quotes. Ternp. Chiller will'be. located on the East side.af-the:NLB. Only 1OD' of'hose and 100' of electt_i601.'-- provided. Electrical.price Is valid 'if.cannectioris can be made In the NLB'. ..V_W7�r- Evi S�i aMEN � . -a•�4. -�- ,• --,� . 1 : NLB .'TempQra Chiller 8 - 411512015 `"y1� Comments: - Submitted by. Approved b Verbal Lj Written: Mario Beltan' Title: 313112015 Date: ProjsrtManagerPhono 479-w-i1i1 Plvjed Manager.Fax 479-845-1135 Project Manager Mobile 479-295-9321 Protect Manager Finall mbaftmn@bald%Vinsha4.com ww .v.batdwtrsr _ Lmm BALBWIN&�RELL J tGrrs vs NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- April 21, 2015 FAYEI i EVILLE ENTERTAINMENT DISTRICT PARKING DECK 229 North School Ave. ' wi6' _, Fayetteville, AR 72701 .y I A7Il OAC C '1+T...`ft.. J i "�1f aril d!n+C'Afl..� A'rl O A C A A d i r +" „r '°.' y x' '�Cj. t" • i� �L a Iw ;-..,pls:�f:��_. JEl"F WEBB GARVER LLC 2049 E. JOYCE, SUITE 400 FAYETTEVILLE AR 72703 The following item or items have been priced based on the following: _ Prim change -per Proposal Request #10 dated April 7, 2015. Reduce the length of electrical feeders for permanent power. Credit to increase the NLB Contingency by $4 703.00. See attached breakdown. ry <w '°� errw i d ngiC1Ya e%0 , pan k `°'' l es i`p"t,o i � ' �_t" ' _ � � � ` ~` Y � ' 17 - PR#10- NLB Electrical Credit _ r+.:v�ar- .-F+r s ''k•M-.,. G,orafrdt� ° ..�Ei�,A:�I1 �+ �C`,/ .- _�sas No' 1'• �+*•� 1 : PR#10- Nt_B Electrical Credit 0 00 1 Comments: Submitted by. Approve by: OVerbal Written MarioiDeltran Title: Jerer?rVPs9te 4/2112015 I Date: 041221 015 Project Manager 479-845-1111 Phone Project Manager Fax 479-845-1115 Project Manager 479-295-9321 Mobile Project Manager mbeltran@baldwinshell-corn Email :iPpN:�. 7C:'iS %l n5 �F��i.:A7fF1 ,.,_ Carpa:ate Oifice • Gvitrat A.r;annj Div'sion • Natlnrast Ar. aasas Div4iaz • morth'evesi A'kanszs rheEsion • CcAshrr£ ticn 521 ices �irlStbn . BALOWIN&;NELL NORTHWEST ARKANSAS DIVISION, 593 HORSEBARN ROAD, SUITE 100 ROGERS, AR 72758 2258- May 13, 2015 FAYETTEVILLE ENTERTAINMENT DISTRICT PARKING DECK 229 North School Ave. Fayetteville, AR 72701 IN -'So 2144WAVa? r= IR A-M OAC 4444 A7n OAC iAAC JEFF WEBS GARVER LLC 2049 E. JOYCE, SUITE 400 FAYEITEVILLE,AR 72703 The following item or items have been priced based on the following: Credit for 3 sprinkler heads per Proposal Request #12 dated May 6, 2015. Beni ! i ��Zai�'ge 0: _cie N_o1 Des"e{gip€i_o "` wX-00,61A NO RME 20 PR#12- NLB OMIT 3 Sprinkler Heads min C'n_;�er dt3oil C�ir ct1!]a, °° 1 : PR#12- NLB OMIT 3 Sprinkler 5115115 D.DD Heads ::IF Increase NLB Contingency by4$42;40}- 11 Comments: 771 Submitted by: Approved by: OVerbal ❑ Written Mario Beltran Title: 5/13/2015 Date: Project Manager 47M45-1111 Phone Project Manager Fax 479-845-1115 Project Manager 479-295-9321 Mobile Project Manager mbeltran@baldwinshell.com Email See attachments: Carbon Copied: 0-5 , .. ...',(r: rC :,d•. 'L•, .:>. ,.'(:.ra , at? L'• ,h4 r.r::.'' ; 'at- r•: J-o'.I .S.triI ... 5S.1. -.!: LIN . HELL -C 0 9 5 T'R 4 C I 10 0 c0MPANV NORTHWEST ARKANSAS DIVISION, 593 HORSESARN ROAD, SUITE 100 ROGERS, AR 72758 2258- May 13, 2015 FAYETTEVILLE'ENTERTAINMENT.DISTRICT PARKING DECK _ - 229 North School Ave. Fayetteville, AR'72701 �L"h1.3GCT k1�] w ^.�►A-i _� �. A7n OFC aaaa, e-rn oee .r+ic- JEFF WEBB GARVER 1:LC 2049 E. JOYCE, SUITE 400. FAYETTEVILLE,AR 7.2703 The following Item or items have been priced based on thefallowing: Changes to .ceiling in room 0:16 per Proposal Request #13 dated May 6, 201.5. -PR#13- NLB p fi' PC "a g - 0' et�3terii; d'i ds�a Day 3tf'� 'p or ve' " tau urri" - 1 ; PR#13- NL:B'RmQ16�Ceiling 511.5115 ' ' $o.OQ modifications Price increase of.$2,1:79.'Deduct.NLB-coritingency'by ($4,1.79). See.attached breakdown Coinrnents: Submiited'bjr:• Approved by: UVefbal W ritte n- Vr�IK7 r. VViario Beltran Title: 511312015 Date; J }r RIDER To be attached to and form a part of: Bond No. 106128230 Type of Bond: Performance & Payment Bond V00Ji,/I � shill P"e 009 19PLI ,� j�7o-W Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Executed by Baldwin & Shell Construction Companyr, as Principal, and by Travelers Casualty and Surety Company of America, as Surety, in favor of City of Fayetteville and dated 4-16-2013. In consideration of the premium charged for the attached bond, it is hereby agreed to change: The bond limit is changed for project - City of Fayetteville Entertainment District Parking Deck, 229 North School Avenue, Fayetteville, AR 72701 per change order 002 dated March 23, 2015 in the amount of $6,764.00 From: $10,522,106.00 To: $10,628,870.00 This rider is effective 4-16-2013. This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. SIGNED, SEALED AND DATED this 27th day of March, 2015. a in&She ll Construction Company By: Principa TtsCas and Surety Company of America By: 12,- OFen J. Payne Attorney -in- ct `RIDER ACCEPTED BY: Not Required (Obligee) Date "If Obligee signature required, please sign duplicate and return to Surety. S-1234 (01-99) 111lllll Illlll III llll11111{ {IIII ll{I{ {sill lull Illl{ lull lull llllllllll loll I111 Doc ID: 016166320004 Type: LIE Kind: PERFORMANCE BOND Recorded: 04/03/2015 at 09:14:02 AM Fee Amt: $30.00 Page i of 4 Washington County, AR Kyle Sylvester Circuit Clerk Fileso33-00000091 1 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �e This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, 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, recognisance, 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 auested 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 Attorneys -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. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidel,ityand Guaranty Company do hereby certify that the above and foregoing is a tree and correct copy of the Power of Attomey executed by said Companies;-which.is ir'-full forcAnd'effect and has not been revoked. 4 .4 IN TESTIMONY WHEREOF, I have hereunto set my hand and.afiixed the seals of said -Companies thi��day of A4 LL 20 fig+ v 1,0 Kevin E. Hughes, Assistant Sec tary or ��r►r6ou�,,�f r` N,.•• `NR[ 4 �y pO`�i=4y ,a� ,x7�q�� +J��ir µa.' FMs�lhi 'fhb �` ' 6 n � +�aowsr� N';..��' � v�o�vo�,if:�+ .°�+�►0P'ril� `7 ��.? To verify the authenticity of this Power of Attorney, call 1-900421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227817 Certificate No. 005932260 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Steven C. Russell, David F. Feild, Karen J. Payne, Sherry L. Burgener, and Jack Ramer of the City of Little Rock , State of Arkansas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognirattces, 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 perrrdtRted,i� actions or -proceedings allowed by law. vslll IN WITNESS WHEREOF, the Companies have caused this strument;t� mbe igned and their'co poaffixed, rate seals to be hereto axed, this 30th day of May 2014 ,�+ �~ % t(" Casualty Farmington Com u �y g y p y � Q�� St. Paul Mercury insurance Company Fidelity and Guaranty 'Instrance Company OPP Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and N-larine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GASGA[ ,IRE 4 `TN �kpL + tX54p �tY ENO Y Stale of Connecticut City of Hartford ss. By: '444�e Robert L. Raney, 9enior Vice President On this the 30th day of May 2014 ,More me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc.. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surely Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. OEM%, In Witness Whereof, 1 hereunto set my hand and official seal My Commission expires the 30th day of June, 2016. Maric C. Tetreautt, Notary Public 58440-8-12 Printed in U.S.A. Corporate Office • Central Arkansas Division • Northeast Arkansas Division • Northwest Arkansas Division • Construction Services Division BALDWIN °SHELL CONSTRUCTION COMPANY April 3, 2014 Jeremy Pate City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RE: Spring Street Parking Deck Bond Rider Dear Jeremy: The following documents are enclosed: • One (1) original copy of the Performance & Payment Bond Rider for Change Order 002 for your records. If you have any questions please do not hesitate to contact me. Sincerely, BALDWIN & SHELL CONSTRUCTION CO. Leslie Fann I Administrative Assistant Northwest Arkansas Division Enclosure 593 Horsebarn Road, Suite 100 • Rogers, AR 72758 • 479.845.1111(p) • 479.845.1115(1) www.baidwinsholl.com