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HomeMy WebLinkAbout2012-02-28~~ivl E IDIAN~- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 28, 2012 at 7:00 PM 1. Roll-Call Attendance O David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Dave Duron of Meridian First Baptist Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Professional Services Agreement with BDPA, Inc. for Human Resources Services Regarding an Internal Alignment B. Water Easement for Life Church at 3226 E. Commercial Court 6. Items Moved From Consent Agenda None 7. Action Items A. Public Hearing: TEC 12-001 Seyam Subdivision by Ronald W. VanAuker Located North Side of E. Franklin Road, Approximately 1,200 Feet East of Eagle Road Request: Time Extension Approval on the Preliminary Plat for Seyam Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat Approved B. Public Hearing: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road Continued to March 7, 2012 Meridian City Council Meeting Agenda -Tuesday, February 28, 2012 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 46 hours prior to the public meeting. C. Public Comment on Fireworks Code Update D. Ordinance No. 12-1505: Fireworks Code Update Approved 8. Department Reports A. Department Report: Resolution No. 12-842: A Resolution Appointing Cheryl Caldwell to the Solid Waste Advisory Commission, Seat 3 Approved B. Legal Department: Letter Seeking Support of 561336 Regarding Work Related Illnesses for Career Firefighters Motion Approved to Sign Letter C. Standard Form of Agreement Between Owner and Architect - AIA B132-2009 Between City of Meridian and Insight Architects Approved D. Award of RFP and Agreement to Kreizenbeck Constructors for Construction Management Services for the Not-To-Exceed Amount of 5.25% of the Construction Cost Estimated at $1,300,000.00 Plus Direct Reimbursable Expenses Approved E. Fire Department: Budget Amendment for FEMA Fire Prevention and Safety Smoke Alarm Grant for aNot-to-Exceed Amount of $27,861.00 Approved 9. Future Meeting Topics None 10. Continued from Pre-Council Agenda: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Continued into Executive Session at 9:18 p.m. Out of Executive Session at 10:19 p.m. Adjourned at 10:19 p.m. Meridian City Council Meeting Agenda -Tuesday, February 28, 2012 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 al least 48 hours prior to the public meeting. Meridian Citv Council February 28, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, February 28, 2012, by Council President Brad Hoaglun. Members Present: David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Rich Dees, Tracy Basterrechea, Perry Palmer, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Hoaglun: Well, let's just roll right on. It is Tuesday, February 28~h, 2012. It is 7:00 o'clock. We are here for our regular City Council meeting and we will start the evening with roll call attendance. Item 2: Pledge of Allegiance Hoaglun: Our next item of business is the Pledge of Allegiance. Will you all rise and join me in the Pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Duron of Meridian First Baptist Church Hoaglun: Our community invocation will be led by Dave Duron, pastor of Meridian First Baptist Church. Glad to have you here and take this time to join us in the community invocation or as a moment of personal reflection. Thank you. Duron: Let's pray. Heavenly Father, we thank you for this day and a day that has been well invested by many us in our community right here and, Father, we thank you for our public servants that are serving faithfully here. We pray for the continued health of Mayor de Weerd and, Lord, we thank you for the privilege of the freedoms that we have here in our country. We ask -- and I ask tonight for wisdom for all the decisions that will be made and for the process that will continue and many of the decisions that are started today. Thank you, God, for blessing us with this wonderful country and this wonderful city and the state of Idaho. May you receive the glory, in Jesus' name, amen. Meridian City Council February 28, 2012 Page 2 of 50 Item 4: Adoption of the Agenda Hoaglun: Thank you. Our next item on the agenda is adoption of the agenda. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we adopt the agenda as published. Bird: Second. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda Approved A. Professional Services Agreement with BDPA, Inc. for Human Resources Services Regarding an Internal Alignment B. Water Easement for Life Church at 3226 E. Commercial Court Hoaglun: Next item is the Consent Agenda. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: On the Consent Agenda, Item D, the proposed ordinance number is 12-1505 . And with that I move that we approve the Consent Agenda as published and for President to sign and the Clerk to attest. Rountree: Second. Hoaglun: We have a motion and a second to approve the Consent Agenda. City Clerk, will you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. Hoaglun: All ayes. Consent Agenda is approved. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda Hoaglun: We had no items moved from the Consent Agenda. Meridian City Council February 28, 2012 Page 3 of 50 Item 7: Action Items A. Public Hearing: TEC 12-001 Seyam Subdivision by Ronald W. VanAuker Located North Side of E. Franklin Road, Approximately 1,200 Feet East of Eagle Road Request: Time Extension Approval on the Preliminary Plat for Seyam Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat Hoaglun: We will go to 7-A, public hearing on TEC 12-001. And, Pete, is that you? Friedman: It is I. Hoaglun: Okay. Friedman: Thank you, President Hoaglun, Members of the Council. This is a time extension by Ronald Van Auker for the Siam Subdivision. The subject property is located east of Franklin -- on East Franklin Road just east of the Eagle Road, about a quarter of a mile. This is the third time extension by the applicant. The first one was the administrative time extension granted by the director and, then, they obtained another one approximately 18 moriths -ago: They have stated that due to continuing economic situation that they are not ready to move forward to get the city engineer's signature on the final plat and are requesting a two year time extension. We have reviewed the request. There were no new conditions that we would apply to the subdivision as it was originally approved by the Council. We did include - I take that back. That was on a different one. Sorry if I'm getting ahead of myself on time extensions. Anyway, we do recommend approval. The applicant is not here tonight, but he has transmitted his concurrence with the staff report and recommendations. Hoaglun: Thank you, Pete. And you said -- this is a public hearing. Indicated that the applicant is not here, but is there anyone else who would like to speak to this matter? Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: Seeing none, I move that we close the public hearing for Item 7-A. Bird: Second. Hoaglun: Motion and a second to close the public hearing on 7-A. All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. President? Meridian City Council February 2B, 2012 Page 4 of 50 Hoaglun: Councilman Rountree. Rountree: I move that we approve the request for extension for Item 7-A, TEC 12-001. Bird: Second. Hoaglun: We have a motion and a second to approve 7-A, TEC 12-001. City Clerk, would you, please, call roll? Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road Hoaglun: Next up we have 7-B, public hearing request AP 12-001. Pete Friedman: Thanks, President Hoaglun, Members of the Council. I'll give you a little background on this. This is a request for review of the Planning Director's decision on denying a home occupation permit or, technically, an accessory use permit for Mr. Lee White for - to conduct business at his home at 1750 North Ten Mile Road. This goes back a couple of years. I believe the Council is familiar with this. In January of 2010 Mr. White had applied for a similar permit and for the sole purpose of repairing, restoring, and selling household and yard items at his home. At that time we reviewed the application and determined that it did not comply with the specific standards for home occupations in the Unified Development Code. The primary issues then, as are now, are the outdoor display of materials, changes to the material appearance of -- and residential character of the property. It's not conducted within the primary dwelling as required by code. It's conducted within -- some of it's conducted within accessory structure, a garage, and the goods for sale are not produced or fabricated on site. Well, subsequent to that denial in 2010, apparently Mr. White was not able to file a request for review in a timely fashion and so things just sort of continued on status quo. We received a couple little complaints last fall and we entered into some discussions with Mr. White. Code enforcement was involved with those -- in those discussions. And we really came down to three options. One was to cease the sale of material on site. The second one was to avail himself of the city's provision for garage sales and put the items that he restores out for sale four times a year for a garage sale. Each one of those garage sales could be for three days. Or the third option was to, again, apply for the home occupation permit with the understanding that it would be denied and, then, he could seek Council review and redress of that denial. We had come to the Council -- he had come to the Council previously for and was granted a fee waiver for both the home occupation permit, as well as the rebut for Council Meridian City Council February 28, 2012 Page 5 of 50 review, which is what he is here for tonight. So, he did decide to move forward with the home occupation permit application and that was filed with us in December 15t" of 2011 and upon receipt of that and review and noting that really conditions hadn't changed there, it was my determination it did not comply with the UDC and I, therefore, denied the application. This time Mr. White has filed a timely request for your review and that's why we are here tonight. Hoaglun: Thank you, Pete. Is the applicant present? Good evening, Mr. White. Can you state your name and address for the record. White: Lee White. 750 North Ten Mile Road, Meridian. I'm nervous. I was told not to be, but it's something that happens I guess. Not .knowing exactly how to present my position, my need to do what I have been doing, repairing and rebuilding things, putting them out for recycling purposes, I believe each of you have a copy of the personal narrative that I wrote, is that correct, in your files? Hoaglun: Yes, we do have that. Yes. White: You have that? Okay. That will - we will dispense with that, then. But the agenda that I'd like to kind of run through was that -- I have some housekeeping items I'd like to talk about and review the items that I cannot adhere to on the HOUP and, then, we need to determine other issues that may be involved, if we can address them and get them cleared. I would like to read a letter or two that have been given to me in support of what I have been doing, if this would be permissible. Hoaglun: Yes. And, Mr. White, we have some people signed up to testify, so if they are the same people we could probably dispense with the letter, unless that's going to be what they want to enter into the record. White: There is no one here that I have a letter for -- Hoaglun: Okay. Great. White: -- that I have in my possession at this time. If we can proceed like that, why, I was going to read the narrative that I had given, so that the audience would hear that, but I think that in essence of time we will dispense with that for tonight. Hoaglun: And, Mr. White, that will be part of the official public record and available for people to read in the minutes and so on, so -that is a part of it, so -- White: Is this already available for personal or - Hoaglun: Yes. No, no problem. Go ahead. White: All right. Housekeeping items. I wanted to express gratitude or thank the Council and the Mayor -the Mayor isn't here tonight, but you can give her my thanks Meridian City Council February 28, 2012 Page 6 of 50 for the service that you people do for the City of Meridian. Also for waiving the fees that you have done for me. I appreciate it. Secondly, I would like to give thanks for the assistance that has been given to me in getting to this point tonight to the Planning and Zoning Department. They have done an excellent job and Kristi Vigil, Barbara Shiffer, and Mr. Friedman are to receive my heart-felt thanks for what they have done. Now, question. First of all, an issue that I had is -- if we haven't free interchange of conversation here, do I have to address you as Council members each time I speak or is it - Hoaglun: Mr. White, we recognize people who come up here aren't used to doing this all the time, so we do allow some latitude in that, but we just have to run things through the chair, so that's -- if Mr. Rountree wants to address you or Councilman Bird, they just ask for permission from me and I grant it to them and we do the same thing back and forth. So, if you - if you had something for Councilman Bird you just have to ask permission of me. We keep it light. No one's going to wrap the gavel or anything like that. White: Well, appreciate that. Hoaglun: But we do try to follow a process here and procedure, but -- White: Okay. Hoaglun: We don't make it too onerous. Bird: Thank you very much. The question I have is for each of you Council members is have any or all of you been by the place where I display the things that I repair for recycling? Hoaglun: I think, Mr. White, I can speak for the Council. We all know where it is located, yes. White: Okay. So, you know where it is - Hoaglun: I personally drive it every day. White: Okay. And the other two members have also done the same? Hoaglun: Yes. White: Okay. Then I probably won't need the pictures that I brought to show you the entrances and the exists and -anyhow, let's go into the next stage of what I want to do, then, is review of the denial. Number one was because the premises looks different than they do. When I display recycled items along my southern rail fence it doesn't seem like it really changes the appearance of the residence. They are not big and bodacious. They are small in nature and well organized and I try to keep things a Meridian City Council February 28, 2012 Page 7 of 50 minimum time frame, so I - I like to keep change and people will come by and talk to me and look things over, like the variety that we are able to come up with. Where I display the items it's a grand total of 19 feet from commercial property. There is a commercial property on my west about 75 feet. The Meridian -Nampa-Meridian Irrigation Company pumphouse. Adjoining my property -- or that property is a medical facility also commercial. Drive-thru to my east is about 200 feet, a Meridian water department well house well. Walgreen's is across my driveway -- or the driveway to the south. Down south about a thousand feet is a credit union. Across the street from that is Albertson's and about six or seven other commercial businesses. So, I feel like I'm pretty much in the - I'm in the fringe area of a commercial zone I guess is the way we want to say that. I'm not in a subdivision. And I take pride in my property. I want to have it look nice. Besides I feel where my location is I'm a show -show place for the neighborhood. Now, Item two on that denial was a business entirely from the residence. Mr. Friedman talked about that considerably. My wife would not be happy if I were to bring my shopsmith into the house or the welder or a drill press or the plain and do the work that I do in the house. It -the 56 years that we have been married, she would draw the line and I would be out on the porch sleeping for a long time probably. So, that gives me an alternative of going to the garage, which is part of the house. Now, if I were to move all this stuff I do into the garage I would have to move the truck out, find a place to park it. I would have to redo the electrical system in there to ..handle the additional tools #hat l use. .Parking on Ten ,Mile Road would be an impossibility, which we are aware of. I would have to display my goods from the front door of the garage and at that, then, if people were to come and take a look at what I have, they would drive in my driveway or most likely park on Ten Mile Road. This creates a problem, because people are coming right in front of my driveway, making a left turn into Walgreens. Just to the south they are coming from two lanes into one lane on the road. People are coming in and out of Walgreen's right and left. So, it doesn't look like doing anything out of the garage is really a feasible alternative to what I have been doing. Furthermore, I understand that widening process is in high speed or beginning to get into high speed of Ten Mile Road and if that takes place that takes -- my rumors tell me that it will take from ten to 15 feet off of the front of my property. If that's the case I can't even back my truck out of the garage or my car out of the garage without crossing into the traffic or sidewalk. So, that would mean that everything that I do is shot down the tube anyhow. So, then, item number four on the denial is that retail sales from the dwelling, only items fabricated or produced on the premises can be sold. I'm at a loss to know how to provide my services to my neighbor, except the way I have been doing it. My work takes place in a shop, not in the loving room, and I'm wondering how we can make that happen, so that we can get by and continue doing what I have been doing. I think that you as a governing body of the Council and City of Meridian probably have ways of issuing a variance, which I think we need to be looking at, so that I can continue it. If it happens I would be most grateful, but I don't like to think of the idea that I'm breaking the law. I don't want to do it intentionally. It's not my nature to be a law breaker, so my big concern has been -- or not big, but one of my main concerns has been the complaint or complaints that come to me - or not to me, to the City Council -- or to the code enforcement people. Meridian City Council February 28, 2012 Page 8 of 50 Apparently there was - I have been told three phone calls in October and November. Is that a verified number, Mr. Chairman? Hoaglun: Mr. White, I do know there were complaints. I don't know how many there were. Friedman: Mr. President, Members of the Council, I don't know a specific number. We do know there were complaints. We didn't really get into that, because - I mean we do know there were complaints. That was probably one of the impetuses for our confab that we had with Mr. White and the code enforcement supervisor, but at that point it was just looking at the options, because clearly the -the activities that were going on were not compatible or consistent with the home occupation regulations. White: So, I am a law breaker and don't want to be. Well, because I'm located basically in - in amidst commercial properties, I think we need to look at a variance, so that I can conduct my business and keep me -- I'm not a spring chicken anymore, I have retired and I like to keep busy and because of the activity and use of my talents that I have it has been a tremendous outlet for me. I don't make a whole lot of money at it. I'm not in it for the money. But there have been people that have benefitted from the money that I do make. There is kids that get to go to camp. There are college kids in the family that get some tuition help. There has been. a number of neighbors that.. have had need for rent and groceries that an anonymous giver takes care of those things for them and I wouldn't deny that I may have stepped into something like that once in awhile. So, it's a possibility that we might down the road here someplace find a way to identify a person who makes a phone call or a negative report on something such as me, that we might address it individually or is this something that the privacy act has kept us from doing? Hoaglun: Well, anytime there is a code violation and, you know, people can call that in and say here is what I am observing and, then, the city goes out and takes a look at that and if there is a violation, then, we have to follow up on that and that's just the nature of it. And there are instances -- and, unfortunately, it's this way in every community -- not everyone wants to have a neighborly conversation. They don't want to know who they are for a reason that is not good. So, that's unfortunate, but that's just the way some people operate. I know it's not true in your case, but that's -- Bird: I personally would just be thrilled to have somebody come and say I don't like what you're doing here, I don't like this, this is wrong, can we adjust it. I would work with anybody that came to me personally and said that. I have got an open mind and I have made it a habit of being that way. I have got broad shoulders to carry the load and I have got the will to do what's right. Hoaglun: I wish everyone was like you, Mr. White. It would be a much better community. But it, unfortunately, doesn't work that way, so -- Meridian City Council February 28, 2012 Page 9 of 50 White: I have my peace. I'd like to have it happen. Anyway, I have about three or four letters here I'd like to read that are supporting what I have been doing. I have numerous people that have stopped by since I have not had anything out for sale since November. Numerous people have stopped and they catch me out in the yard or in the driveway and say when are you going to start putting something out again? We miss it. I think that I have been able to provide an extremely important and a good service to the neighbors. Here is one letter that I'm going to read and, then, we will -- Hoaglun: Mr. White, I might ask are they fairly short letters or -there is no -- White: They are short. Hoaglun: There is no ten pages or anything like that? White: No. No. Nothing -- nothing more than two or three paragraphs Hoaglun: Okay. Go ahead. White: Okay. This one here is from Rich and Sue Altemier. They say that they moved here a couple years ago from the panhandle where we owned a business for ten years.,. My husband met Mr. White and he has been a big help since our move here with his knowledge and in helping out lending my husband some tools, which we didn't have. We should acknowledge -- he should be acknowledged for his helping hand and friendliness. He is definitely the welcome -- I can't even talk -- welcoming committee of Meridian. Nothing unsightly and his property is kept up beautifully. I can't understand why anyone would want to interfere and put a stop to Mr. White fixing up items and selling them for a small fee and even giving many of them away to someone that needs them. That's one. The manager of Walgreen's across the street says that everything is okay. No complaints. He has no problem with what I'm doing and I have not had any customers -- anybody come and say that they had a problem with it, so - Hoaglun: As long as you're not selling prescriptions I think you're okay. Yes White: Good point. Hoaglun: From our police department. White: All right. Here is another one from Nicky and Vickie -- Stacy and Nicky Vogal. They live on Ten Mile Road also. It has been brought to our attention that Mr. White was formally notified that he no longer can display items for sale along the front of his fence in the driveway. We wanted to make mention how we know him and the thoughts -- our thoughts regarding this situation. We moved into the home directly to the east of Mr. White on -- in March of 2011. It didn't take him long to come and extend us a gracious welcome to the neighborhood. Over the past year we have enjoyed getting to know him and exchange a lot of vegetables out of the garden back and forth. A good example of his character was last spring -- I will just highlight this Meridian City Council February 28, 2012 Page 10 of 50 one. Last spring when we were rototilling the garden, finding that the rototiller that we had rented wasn't doing the job, he brought his over and -- and gave us a hand and -- and we got the job done. He can often be found working in his garage and helping other people out. Okay. Now, this one here is from a small child and I really don't know who the child is. But it's in child handwriting and I think that it's important that we see that not only adults, but children appreciate what I do. So, I'm going to do my best to read it. Hi. My name is Chloe Holly. I think he should keep his decorations up, because all of the work he does makes up a lot of time. The law is in charge, but I don't know why they would want to shut him down. He takes his time on work and has his -- his done and he puts it outside. It's so pretty and it's just so beautiful. I hope that he can keep up the work. Now, here was one that just arrived a little while ago and it is a short one. It says: To the city. Leave this man alone. He hurts no one. Worry about real issues. You're truly out of line and out of touch with your citizens. Shame on you. Mrs. Dee Paige over on Moon Lake Drive. So, we get all kinds. There is two or three others here. I -- I also have in file 26, 27 other letters that people have thought that what I was doing was fine. Hoaglun: If we could, Mr. White -and, Jaycee, I don't know how you want to do this. If you could get those to her to be entered into the record and, then, I think if you can just make copies and, then, can get those back to him - I don't know if we can do that tonight, or,-- White: Well, I have about four others, but I think in essence of time we are going to dispense with them. If you want to put them in for the record, I have no problem. Hoaglun: Put them into the record and, then, you have some folks that are signed up here to speak in favor, so we can go onto those and, then, we can let you come back and do a summarization and stand for questions if that works for you. White: Okay. As I said earlier, I think we need to figure out some way to get a variance, so that I can continue what I'm doing and I don't have the answer, but I'm willing to work with something that will be amenable to both of us. Okay? So, I think that -- are there other issues, by the way, besides the display or to my stuff? Is there anything else that has been brought to your attention that people are unhappy with me doing? Councilmen? Hoaglun: Your wife didn't contact us about your snoring or anything so I think we are good. White: Yeah, but she will. I hear it every night, so, it's - so, what do we need to do at this point? Hoaglun: Well, at this point, Mr. White, what we would like to do is call up the folks who have signed up to testify and they are on your behalf, so I think that's a good thing for you. We will listen to them and, like I said, we will have you come back and we can -- we can go from there. Meridian City Council February 28, 2012 Page 11 of 50 White: I'm not as nervous now as I was when I started. Hoaglun: It wasn't that bad, was it? White: No, you didn't bite at all. Hoaglun: We do have people signed up for this public hearing. First on the list Joseph Manor. If you want to speak come on up. If you want to indicate that you're just in favor of his appeal you can do that, but if you want to speak come on up. Name and address for the record, please. Manor: Okay. Council Members, I'm for Mr. White and his cause and I live at 2894 West Raven Hurst Street in Meridian, Idaho. We have known Mr. White for seven years - we moved here and -- Nary: Your name, sir, for the record. Manor: Pardon? Nary: Your name. Manor: Joseph Manor. M-a-n-o-r. We have moved here over seven years ago and one of the first points of contact also was Mr. White, because moving you need items and he had very neat displays at his property and we were able to use a few items, shelving and such. We think it's very unique what he does. I think that in working with him a couple times he actually takes items from other locations and areas that would probably be a distraction or an ugly nature to our community and he has refurbished them and cleaned up those areas and actually done something wonderful with it. Our personal experience - and I represent my family of ten -- he is a very good neighbor of great character, great initiative, a fine example to our children and what you can do if you put your mind to something. We live in -out of Ustick-Ten Mile intersection, basically, and it's very pleasing to us as parents that our children of proper age bike down to Albertson's or something or down to the bank or something to -- even Walgreen's, the two safest points of contact. We consider our number one the fire station on the way down the road and, then, also Mr. White and it used to be that he was out there quite actively involved in -- with people and discussing the few items he put out. I personally don't recall him having more than five items out, unless he's having a yard sale or whatever and very neat, very organized right in front of his garage, straight in a line. But that's -- it's a safe point. You like a community where you can feel like your kids can be okay if they get a flat tire on their bicycle and was a guy to help out or a guy to be able to call from his house. Him and his wife are upstanding citizens. I'd like to recognize that. So, we appreciate what he does. I think he tries to make everyone happy and move as much merchandise to his side yard, which, you know, if you're driving out of the neighbor across the street from him, I couldn't see how that would affect them whatsoever to the appearance of the house. Meridian City Council February 28, 2012 Page 12 of 50 His house is well groomed, his - he has antiques, which are interesting and his hedges are trimmed. His history is being a very good I guess custodial or maintenance worker, which is a -- you know, he knows what he's doing and he's been very helpful to us. Also helped us borrow of few things at times and helped us figure out a few problems, so I think he is a beacon in our community and I would appreciate your working with him and if there is anything we can do to help this process get along, we would like to see that happen. So, we thank you for your consideration, Council. Hoaglun: Okay. Any questions from Council? Rountree: I have none. Bird: I have none. Hoaglun: Mr. - is it Manor? Manor? Just one quick. On Ravenhurst, is that part of the subdivision? Manor: Ravenhurst is a candlelight subdivision. It's actually -it's on the corner of Ustick and Ten Mile. We are probably the farthest away from them -- between Cherry and Ustick, but which -- since you asked me the question, I have the consideration that I see in Mr. White's location is that he's kind of a house standing alone,there, vvhich in the business aspect is that he's not affecting -- the way I see it he's not affecting any neighborhood right here either, which is a - an interesting place for his house to be. I'm sure it outdates probably most of the subdivisions around him, so -- we are not directed -directly affected by him as far as the neighborhood, but his - I mean his house extends on the left side just along the fence into another neighborhood and that we are not -- Hoaglun: I wanted to take this opportunity -where you're located, because I think that - your street cuts through from Ustick to Ten Mile, does it not? That goes all the way through? Manor: It goes -- well, our subdivision is very - it enters in in on -- enter in on Ten Mile and it exits out onto Ustick. Hoaglun: I was just wondering if you had any problems with people cutting through your area yet with construction that started on that intersection yet. Manor: Honestly, I have not heard, but I'm kind of -- I'm -- this is the intersection, we are in the back corner, so it wouldn't affect us directly. Hoaglun: Okay. Manor: They wouldn't come around our neighborhood. Meridian City Council February 28, 2012 Page 13 of 50 Hoaglun: I just wanted to take that opportunity while - I thought that's where you were, to see if that was a problem yet, so - Manor: Thank you for asking. Hoaglun: Okay. Thank you. Bird: Thank you. Hoaglun: Next up we ever Jack Boggetti. Boggetti: Boggetti. Hoaglun: Boggetti. You want to come up. Boggetti: I'd love to. Thanks. Well, lappreciate -- I'm Jack Boggetti. My wife and I live at 2449 North Maxie Way, which is in the Fieldstone Subdivision. The backyard of our house backs up to the east side of the Chateau Park there. Nice location. We like it there. We moved there about 12 years ago and so like you we have watched that Cherry Lane -Ten Mile intersection become more and more commercial. If I remember .right, when uve first moved .there I #hink, the Albertson's. about the only.. commercial establishment there and, then, there was the doctors office on what would be the northwest corner that mysteriously has remained empty. I don't -- I don't understand that, but I guess that's another issue. And so like you, you know, we have watched the bank come in, we watched Walgreen's come in, we watched St. AI's medical facility we have been grateful for all of those developments. The addition of the Ten Mile interchange has been another real blessing in that community and so every one of the developments -commercial developments that we have seen come in there has benefitted us and provided a service for us in some way and I'm here to speak strongly in support of Lee's appeal to be able to continue doing that, because in the same way as Albertson's and the bank, which we shop at Albertson's, we bank at the bank, we buy things at the drugstore - in the same way that each of them has provided a service to the neighborhood that we live in, I feel like Lee has done the same thing. And so, you know, maybe a quick personal example, if you will indulge me for a minute. I have numerous interests. One of them is old Jeeps. One of my old Jeeps is a 1953 Willys M38A1 Army jeep. Now, you may not be familiar with them, but underneath the hood is a little hook, a little bracket, and that little bracket is there for a shovel that was designed specifically for that Jeep. There is no other -- I can't go to Lowe's to buy it. I have to find a shovel that fits that Jeep. So, I just -and this was a number of years ago. I just happened to stop by Lee's place and I said, Lee, I have got this old Jeep I need a shovel. He said I think I know what I can do for you. Less than a week later I stopped by again. He found me an original Korean War era shovel that fits my Jeep and it's still there to that day. And so, yeah, as I think about providing a service to the community, that's the kind of a service he provides. He provides us with an alternative to purchasing things we might not able to get locally. You know, I would also say that I'm not in the least offended by him conducting his business there. Meridian City Council February 2B, 2012 Page 14 of 50 You know, I think it's consistent with the commercial nature of that community. Others have already stated in letters and here in testimony, he does a wonderful job, keeps his yard up, it's attractive, it's not a nuisance. I understand, as Mr. Friedman said, you know, there are rules and regulations and we respect them and we appreciate them. We appreciate the work that you have to do also as City Council members. I understand that you have been -you have probably received some complaints - at least it's stated that you have received some complaints on -- on what Lee does there, but I guess I would ask you if you have ever made any decision that would have done anything that you didn't get at least one complaint on as a member of this Council. I have a feeling you may have gotten one or two. Hoaglun: Occasionally. Boggetti: I understand that. And that's not to excuse the person's responsibility to follow the law. We understand that the law still applies. I'd just encourage you to do what Lee has asked you to do and do what other community members have asked you to do, find some way to let this man continue doing what does, because from my own personal perspective he provides a service for that community that is unique and - Hoaglun: You bring up a good point, Mr. Boggetti. Let me tell you the struggle I have. His property is unique. It's a unique location. But the zoning is still residential and. that's my struggle I have is if I go, okay, we will let him do what he wants to do at this property, because it's unique, but, then, I have to apply that standard to everyone else that comes in and does the same thing and what if it's your neighbor and people don't want that in the neighborhood, they don't --that's why we have only four yard sales per year, because people got tired of perpetual yard sales in front of their neighbor across the street and the traffic it generated. That's my struggle. It's not that he's a bad guy or that, you know, he shouldn't be doing this he. Doesn't -he's not providing a service. He does. But it's that struggle of, okay, if we say yes to this, then, it's going to be in your neighborhood, the person across the street and now all of sudden you're going, wait a minute, I'm tired of the traffic, I'm tired -- and that's -that's where the struggle is. How do we reconcile that, but at the same time recognize this is a unique piece of property, it's not the normal subdivision type of thing. So, that's -that's where I am on that. So, that's - I appreciate your testimony. We are glad to know what type of person he is and that he's providing a service, but at the same time I have to think about the whole community and those folks out there who would have to put up with that if that was in their neighborhood right next to them. But, again, it's a little bit of apples and oranges, but when it comes to our rules, the zoning is the same, we have to take that as being equal and that's the struggle we have here is seeing is there a way we can find some middle ground, as Mr. Lee has asked, that's -that's -for me that's where the struggle is, so -- you bring up some good points. Boggetti: Well, thanks. And so do you. And I -- you know, I appreciate the fact that, you know, you do have a responsibility to represent all the citizens and I would say that from our perspective we are grateful to be here in Meridian. As I said, we have been here for 12 years and we like it here. And part of the reason we like it here is because Meridian City Council February 28, 2012 Page 15 of 50 of the nature of the community and I appreciate the difficult position you have. I would just ask you to focus on - on two things that I think we both said -- at least I said, a service to the community. He does provide a service to the community, more than just shovels for some old guy who like old Jeeps I might add. And -and the other is unique. It is unique and that is certainly a very commercial area and becoming busier all the time, you know, as -- as we try to -- as we notice as we try to leave Chateau and turn -- especially turn south on Ten Mile we notice how much more populated and how much more commercial that area is. So, with that I will say thanks -- thanks for letting citizens come in and share their opinion and thanks for the good work that you do. I know it's difficult, I know there is no easy answer and I know that you may get a complaint or two no matter what you do. Hoaglun: That's right. Boggetti: So, we appreciate it. Hoaglun: Thank you. Boggetti: Thank you much very. Hoaglun:., Next up have Barbara Morrison.. Signed. up in favor., Give your name and address. Morrison: Hi. My name is Barbara Morrison and this is my son Luciano and we live at 3738 West Bedrock Drive in Meridian. Hoaglun: All right. Thank you. Go ahead Morrison: We live flip flop from the other fellow, so traffic doesn't affect us either yet. I skipped speech class in college, so this is a little nerve racking for me, but it's really important that I stand up for Lee and Barbara White. They are exceptional people. My son was one of the kids that were able to do the -the yard sale and I don't know if he will talk to you, but he had an amazing time and he was so excited with his 15 or 30 dollars that he made and he just really looks up to Lee and as the other fellow said about the safe places between my house, I feel, and Albertson's are the fire department and if you have any problem stop by and Lee will help you. So, that's, basically -- I want to make sure that Lee -- keep Lee and Barbara doing what they do, because they do provide aunique - a unique service, because we don't have many people that do that in any community. It's very rare that you see someone who gets anyone to get out of their car and anytime I see Lee or Barbara I'm like, honk honk, we stop, we visit, and I think what Lee said about it, it's not about the money, I think that's absolutely true. It's about having friendship with people and he is our friend. Hoaglun: Okay. Thank you. Luciano, do you have anything to add? No. Okay Morrison: Thank you. Meridian City Council February 28, 2012 Page 16 of 50 Hoaglun: Thank you. And Luciano Contreras was signed up, but -- and his mother spoke for him. So, we have next Nicole Amy? Did I get that right? All right. It's the phonics I had in grade school. Amy: As a teacher I appreciate that. Nicole Amy. I live at 4010 West Moon Lake Street in the Lakes at Cherry Lane Subdivision. I have lived here for now almost three years. I left California because -well, all -all the teachers left our jobs. My family has lived up here for many years in Meridian. The first time I came to visit the first thing I noticed was the sign on the fence that said I replace shovel handles and I instantly just smiled. I thought who does that anymore. Who is that helpful? Who -who doesn't just say chuck it and go to Lowe's. Chuck it and go to Home Depot. And, then, the other things that he does on that list I'm like do people that own those things, what would they do. Yes, there are pick axes still out there. Yes, there are shovels and pick axes. And rather than throwing them in the trash, creating more useless garbage to pollute the planet, this is a man who cares enough about his neighbors to say this -- I can do this for you and, hey, if you want a little something - if you want to give me a little something, that's fine. I had the pleasure only once of meeting Mr. White and it was a friend of mine - we were texting on our cell phones last summer, we were walking by and my friend - my best friend, who I'm also speaking for had, had to have a picture taken in. front of that sign and he has shared that and so many people back home in California have just been in awe of that and they have become aware - because California -- and I couldn't tell you two of my neighbor's names in California, but this is a man who encourages people to be good neighbors. He encourages a sense of community. He's not hurting anyone. He's not hurting any local businesses. I'm sure Lowe's doesn't need the 20 bucks for a shovel. They have plenty of money. He helps kids. I have seen his product. It doesn't interfere with any esthetics of his home. It doesn't -- I have never seen cars backing up like they do when Christmas lights are on display and causing a traffic jam. He's not interfering with anything. He's not hurting anyone. And I understand that you can't say, well, it's okay for one person and not another. My father was a city councilman back in California. Hoaglun: And everyone loved him, I'm sure. Amy: Yeah. Right. Okay. But this is -- I don't think they are going to be anybody else who is going to say -- have a sign on their fence that says I replace shovel handles or I want to help your kids develop character. It's not something that a lot of people are out there doing. It's not a talent, except for the care charge. I do that all the time. It's not a talent a lot of people have. It's not something a lot of people have time to do. This is a man who devotes his time, because he has it and loves doing it and that's only benefitting the community and, yes, there are laws and, trust me, I know the laws and I am kind of a law breaker. I only say that for what I believe in. If I had to get arrested for this man, even though I have only met him once, I would, because I believe in what he's doing. And I know that there is the A's, the B's, the C's. There is the what ifs, the what if's. There is, well, over here we have -- and, then, vice-versa we have.-- but, honestly, I don't think you're going to have someone come up. If you approve this Meridian City Council February 2B, 2012 Page 17 of 50 man's appeal you're not going to have someone else come up to you in a year, five years, ten years that says, hi, I just moved in, I want to replace shovel handles. I want to build bird houses. I want to make - I want to make these beautiful butterflies to sell them to kids. Nobody is going to do that. I mean there are children who sell lemonade. That's a service. But we don't make them get a business permit. I make cookies. I don't have a business for it. But I do give them away. If people want to give me five bucks for material I'm not going to say no, I'm an out of work teacher. So, my only point -well, certainly I have many. This is a good man. He's not hurting anybody. He's not truly breaking laws. He's not murdering. He's not stealing. He's providing a service. He's being a good neighbor and, really, that's something that we should emulate instead of punish. But I know the laws, but, really, he's not hurting anybody. He's a good man. And I happen to love driving by Ten Mile -driving down Ten Mile to go home and seeing these really colorful bird houses or these beautiful butterflies. It's my regret that I haven't stopped. But he isn't usually out there when I drive by. It's pretty late. Thank you very much. Hoaglun: Thank you, Nicole. Any questions? Bird: I have none. .Hoaglun; Okay.. Thank you. That's. all that uve have had sign up to testify. Is there , anybody else in the audience who would like to say anything? Come on up, sir. You know the drill I think by now. Name and address. Trampleasure: Dennis Trampleasure. I live at 3565 West Tupelo Court. Hoaglun: I'm sorry. Again what was the last name? Trampleasure: Trampleasure. T-r-a-m pleasure. It's all one word. Hoaglun: Great. Thank you. Trampleasure: You bet you. And I went to a school called being tactful, but I didn't pass, so if I say something that offends somebody, I'm really trying not to. But we have lived in our house almost 20 years. This year will be 20 years. We built our house. We even let a neighbor use our compressor when they were building their house years ago and it was a good community spirit. We had about 9,200 people then and - I guess you don't need a history lesson, you probably have lots of figures. I guess really the bottom line is -what Mr. White is doing is very minimal and it really assists in our neighborhood, it assists in our community. And it's kind of an icon. You know, I have lived in the same house, like I said, almost 20 years and I try to describe to people how to get to my house. Ten Mile, Cherry Lane -have you seen that guy's lot that looks like Sanford and Son used to look like? I know who you mean. Everybody knows him. People have shopped at his place. Lots and lots of people. And I think when you're shopping, you patronize them, you're kind of endorsing them. So, a lot of respect for Meridian, which is the best place in the world -- and I mean that Meridian Cily Council February 28, 2012 Page 18 of 50 with my heart -- to live. It's the most wonderful place and we have great people. I would hope that you and the rest of the Council can find a way to find some middle ground to allow him to sell his products. And out of much respect I ask that. Thank you. Hoaglun: Thank you, Dennis. Any questions for Dennis? Thank you Trampleasure: Thank you. Hoaglun: Anyone else that's not signed up? Okay. Mr. White, call you back up here. It's no longer an appeal, you have been nominated for man of the year, so -- White: I'm speechless. Hoaglun: Usually they start out: On behalf of the academy we thank you - no. It's not. White: Yeah. Don't give me any awards. No, I -- I'm speechless that so many people think that I'm an okay guy. Yard sales. The things I do aren't becoming of yard sales. I get a chest of drawers that's got a broken door, I repair it and rebuild it. I can't store it for an extended period of time so I can have a yard sale. Space is limited. Most of the things that I rebuild,people.aren't going. to be buying atyard sales. ,It just is one of, those things. They are looking for bargains. I give them bargains all right. But it's a different type of clientele that I deal with that stop by and chat with me. I have - I have had more enjoyment visiting with people and quote, unquote, negotiating with things that I have repaired and they are now out to be reused. They have been kept out of the landfill. So, let's come to some kind of conclusion here that I'm not going to be breaking the law and I can still do what I'm doing. I have got an offer -- or not an offer. I have got a suggestion or a thought or two that might be acceptable and maybe not. I think that there is possibly a little problem where I'm located - see, I have got a little space six -six feet by 30 feet that I have been using and that's 19 feet from commercial property. But it's right on the edge of a driveway going into Walgreens. Hoaglun: And that's the one, if I might interrupt, if you're coming out of Walgreens that would be right there and if you turn -- White: Yeah. Right there. They can kick dirt onto my property. And a lady did recently run through the fence and hit the side of the house, but that's another story. I would be willing to move my display to the east a little ways and put it up there. That way we are not interfering with traffic coming out of Walgreens, which I think may have been one of these people's complaints. I don't know for certain. Nobody will tell me. I can't get an answer. If that is a problem I will move it to the east. I have got permission to use that -- half of that driveway from my neighbor in the back. That way we would be out of the line of fire and should be one way of continuing what I'm doing. I would -- at that point if that is the case, Iwould -- either myself or ask the city to fix me a sign that says recycled items for sale with that arrow pointing this way and placed Meridian City Council February 28, 2012 Page 19 of 50 right at the edge of my property. That would be workable for me. Would it be workable for the Council? The city. Hoaglun: Well, I'll ask Pete to kind of weigh in. My thinking on this -- what we get into is a discussion of what a business looks like. Signage. Where things are located - White: Okay. I can go without a sign Hoaglun: You know -- and, Pete, I was thinking is there a middle ground here. I mean what -- I guess let me go back before you comment, Pete. I guess you fix things. You know, I mean it sounds like you're very good at that. You find things. You fix things. White: There is room for them right there to prove that I can do it. Hoaglun: Yeah. You have got all your fingers, though. White: Yeah. But they are beat up. Hoaglun: Okay. For the sale purposes that's four times a year when you're going to have -- does that just not -- I know you had stuff out before. I remember when I drive by you'd have stuff out there and -- White: Have you ever been offended by -does it look a mess when you go by? Hoaglun: I wasn't offended by it, but it's not typical for a residential house. I mean that's -- White: Yeah. And this -and this wasn't commercial. Hoaglun: And that's what I said earlier about your property is it is a unique location, because you're really not in a subdivision, as you mentioned earlier, and it's -- it is right on that boundary where Walgreens is right there. I mean if we could wave a magic wand and say that -- your house and the neighbor's house behind you has got this type of zoning and they could do certain things, that might be the way to do it. But there is a process we have to go through to get to that point and I don't know if you would want to be zoned what we could all agree to if there was even agreement on that, because it's still residential and we have a rural urban transition. This is almost like a residential transition and it's going to be property I think ten years from now that's going to be an interesting parcel and it's -- White: There is going to be less of it if Ten Mile widens, so, then, what do we do? Hoaglun: And that's another consideration. Yeah. What do we do, so -- White: I won't even be able to live in it if they take ten - or 15 feet from me . Meridian Cily Council February 28, 2012 Page 20 of 50 Hoaglun: And we are not sure -- we haven't seen the drawings or the plans on exactly what that will -where they are going with that road, because there is - it gets pretty tight through some of those established areas and I'm not sure how they are going to do that, so that remains to be seen, so -- White: What did Mr. Friedman say? Middle ground. Is he -- Hoaglun: Pete, is there -- I understand zoning, but not as well as people who work in the Planning Department. Do we have anything that's available to us? Friedman: Thank you, Council President Hoaglun, Members of the Council. No, in a way we don't really have a residential commercial zoning designation. The UDC - Unified Development Code -- did make some provisions to allow a certain degree of businesses and commerce to take place out of residential properties and structures and those are the standards that we use to measure the applications and -- which are the subjects of the hearing tonight. Short of that in the code right now the closest you would come is the neighborhood commercial designation and, you know, that -you get into everything that you would expect with commercial development. So, I hate to toss it back to you, but that's exactly where we are tonight. When Mr. White and I were discussing this over the past few months I did say - or suggested, you know, these are the standards that l have to review the applications by and, you knout', when you go to Council it would be helpful if you could come with some suggestions on how to meet halfway. So, you know, we -- as you know we try to be solution oriented and I thought, well, maybe -- you know, maybe it's -- put the goods in at the end of every day. You know, signing, something like that. I don't know. I don't have an answer. You know, I'm not the one up there tonight. So, to answer your question, we don't really have -- short of commercial zoning on the property -- then you get into a lot of the other things that would be much more onerous for Mr. White. Parking requirements, striped parking, and things like that. Landscaping, that sort of thing. Hoaglun: And I guess, Pete, as further -- we don't -the city doesn't regulate - someone has some bikes for sale and they wheel them out during the day, you drive by, oh, I could buy a bike, you know. They have a bike for sale. It's not there in the evening. Might be out there for a couple day and someone buys it, but it's -it's not out there permanently. I mean we don't -- we don't regulate that activity as far as I'm aware. Friedman: No. Council President Hoaglun, Members of the Council, I mean if somebody you know, a kid's outgrown a bike or decides that, you know, rather use the car than the bike and decides, well, I'm not going to donate it, I will just throw it out there for sale and that's just an individual selling personal property. Again, the yard sale provisions that we have -those things are more typical of a situation when people want to dispose of some of the household goods that they have acquired over the years and we even have provisions for that to occur four times a year for up three days per occurrence. You know, somebody throws a couple of bikes out for sale, maybe they pick them up somewhere. It's not something that, you know, our code Meridian City Council February 28, 2012 Page 21 of 50 enforcement people are actively looking for and the other staff are actively looking for. Like I said, we have certain provisions at this point. Hoaglun: Okay. Thank you. White: They call that between a rock and a hard spot? Hoaglun: Oh, absolutely. White: That's where I'm at. Nary: Mr. President? Hoaglun: So are we. Bill. White: I want to do something - Hoaglun: Mr. White, we will hear from our lawyer here. Nary: Mr. President, you know, I have been - I have been sitting here trying to figure out some middle ground from what you guys were talking. about. Unfortunately, the thing we have today in the code is -- I think Mr. White's type of business would probably be okay in our Old Town District, because our Old Town District has a lot more fluidity on what's allowed and where he's at isn't that. But you have identified I think where the problem is is that what Mr. Friedman and Planning have to go by and what the Uniform Development Code spells out does deal with the very typical urban development that's occurred in our city, both older ones in the `60s and '70s and newer ones within the last ten or 15 years. The subdivision that's immediately behind Mr. White's residence there on Ten Mile is a more traditional development. It doesn't have - it may or may not may have an HOA any longer, but they have standards they are required to build that. Mr. White's, essentially, an out parcel to that type of subdivision. So, we don't have a standard other than the same standards that applies everywhere and you have identified the problem is that what Mr. White's business is doing where he's currently located doesn't fit into our standards and, Mr. White, it doesn't have anything to do with the quality what you do at your place. I think what Council President Hoaglun is trying to deal with -- or address is not everybody is going to run their business like you do in a neighborhood and so the issue the city has is -- if they were all like you nobody would care, because everybody would be fine with it, but they are not all like you, unfortunately, and there are people that are selling junk, old cars, you know, garbage on their lawn all the time and that's a problem. So, trying to deal with that with a good quality development -good quality business like you're running, versus everyone, is the challenge and I guess where we are sort of stuck at the moment, Council, is the standards that we have really work very well universally for all of the neighborhoods, but Mr. White's parcel is not really like that. Now, I don't know how many of those types of transitional residential units -- I mean, you know, Mr. White at some point may wish to sell his property and my guess is whoever buys it is not Meridian City Council February 28, 2012 Page 22 of 50 going to want to live there, they are going to want to sell it or make it into a commercial property. So, I guess the quandary I have is that without us establishing a new standard we really don't have an in between, but you certainly have the ability to direct that we create a standard to address these types of properties that are these transitional ones, I just don't know how many there are. I mean that may be a fairly simple process, but it also may be a very time consuming process and that doesn't help Mr. White necessarily. The -- you know, again, I think, Mr. White, one of the things, too, is that you're not here just because some people didn't like the looks of your property, it really is - it just doesn't fit into the rules we set up for everybody and that's where I think we are trying to balance between the two. But in looking at it, I mean I would agree with Mr. Friedman, we currently don't have an ordinance that would really fit for the living and commercial enterprise that Mr. White wants to operate on his property. I mean the -the attached garage appears to be one of the problems where the accessory unit is not attached to the building, is -- under our ordinance is prohibited, because now it's operating like a separate unit or a separate store on somebody's property and that's where the fabrication occurs and that's where all that occurs and that makes sense, but it doesn't fit. So, I'm not sure how to help you, Council, other than without us creating a new standard of something else, which you have the power to do if you wish, it just may be time consuming to do that. Hoaglun; Thank you, Mr. Nary. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Mr. White, I'm glad you're in our community. You do a great service. And I'm really between a rock and a hard place. If I lived next to you you wouldn't bother me at all. But we have got to look out for the other 70,000 people that -- and in your zone it don't allow that. I know some of these people that live in subdivisions got up here and testified that it didn't bother them, but they had three or four of the houses there people redoing furniture o'r something and setting it out on their driveway and stuff day in and day out and had cars coming it might have a different philosophy on it. What you do is great, but I -- the problem I see with us -- like I said, if it was me no problem at all. It's the other people that we represent and pretty soon we will have everybody wanting to do that stuff out of their house. Trust me, if one - if one gets by we will have more. White: So, what do we do? Bird: That's what I'm trying to figure out. White: That's why I'm here tonight. I want to keep doing what I'm doing. Testimony has been given that I'm not a bad guy. I'm not a law breaker. In fact, I almost cried. Bird: You're an honest -- Meridian Ciry Council February 28, 2012 Page 23 of 50 White: But I want to keep doing -- keep busy. I'm not a spring chicken anymore and -- Bird: Neither am I, but - White: I got you a few years. Where do we go? I can offer another suggestion, but we are going to run into the same barbed wire fence. Bird: Mr. White, how do we -the next person comes in that's wanting to do the same thing and he isn't -- as Councilman Hoaglun said, he isn't doing it the right way or, you know, doing it like you are. Instead of having five or six get up and stand up and say how good he is, they get up and say we want him out of there. He says you have already allowed it in that zoning. How do we -how do we rectify that? We are setting a precedent is my -that's my biggest fear. Don't get me wrong, I want to work with you. White: Well, lappreciate - Bird: And if you lived next to me it wouldn't bother me at all. But we can sit here and say, oh, no, it's not going to happen, nobody is going to come in or nobody is going to do this or something like that, but sure enough it is going to happen. I .don't know. We are - we are condoning breaking the law is what it is. Breaking our ordinance is what I look at it as. Hoaglun: If I - Mr. White -- Bill, is there a way to -for an accessory use permit, is there a way to give an approval with conditions that are delineated strictly to how a parcel is situated or do we get ourselves in trouble on something like that? Located next to a commercial, not part of our subdivision, no homeowners association, so on and so forth. Is there a way to do that or are we just asking for trouble down the road? And I know this is kind of off the top of the head stuff, but - Nary: Yes and yes. Yeah. Hoaglun: That's a lawyer for you, folks. Nary: What I - I guess what we could do, Council, if you would like - and I know Mr. White has dealt a lot with Planning, but we could certainly take one more opportunity to see if there is some way to fit what he's doing. Because a lot of - I mean there is really four things that have been identified that really violate our code in the accessory use. I mean -- and Mr. Friedman has already outlined them. Basically, the display of the merchandise, which would mean -- one of the suggestions that planning had made was to remove the merchandise daily, to put it away, so that's a possibility to consider. The next three all deal with the accessory structure and I don't know if there is a way to rectify that dilemma, but we could certainly consider that, but to answer the second part of your question, yes, I mean you folks have identified exactly the problem is that Mr. White is a fairly unique circumstance and we could certainly look at that as a Meridian City Council February 28, 2012 Page 24 of 50 possibility, because I don't think there is a lot of these, but there probably certainly are. I think we have approved over the last ten years a number of outparcels to subdivisions. They owned the property. They sell the back for the subdivision. They lived in the portion that's the transition piece. We haven't ever addressed those, because that issue hasn't come before you to address. Is that something on a parallel track to look at? We could certainly look at something like that. But we could certainly sit down one more time with Mr. White and set this over for a week and see if we can reach some other resolution that might be a way and Mr. White certainly is willing to try to figure out something to make it workable and we could certainly try. Hoaglun: Okay. Any other comments from Mr. Council? Rountree: Mr. Hoaglun. Question for Pete. Pete, with the outbuildings there is an issue, because it is not the residence. If they were connected in some fashion would that particular issue go away? Friedman: Members of the Council, Council Member Rountree, that's correct. Rountree: All right. Thank you. Mr. White's probably cringing, because I'm going to speak, because he particularly has made it known that he's not particularly in favor of Mr. Rountree, but -- White: I knew that was going to come up. Rountree: That's okay. That's okay, because this is -- that's the world we live in and I really much appreciate somebody that has an opinion and willing to share it. I'm going to go through a list of conditions and it might make it work and some of them are going to be onerous possibly. Some of them might be a challenge to you and you might want to really get in and do it. But I'm looking at what the issues are with respect to how you're a residential zone and you're running a business and we don't want to do this, because, honestly, every time we make a good faith effort on something like this we get burned. I have done this for 12 years and I have seen it more times than not. So, I have got some conditions here and you may or may not like them, but I think we can probably get maybe through some of these issues with them. First off, nothing in the front yard that relates to sales, including signs. On your back garage, a separate facility, a professional sign that says nice guy lives here, handyman, Mr. White's fun experience, whatever. Whatever you might want to put on it. But it's professional. It's not hand painted and it's not done with stencil and all that. And that would meet our sign code, so you don't get balled up in that. Material stored in your backyard behind a fence that would not allow vision and I don't care what size, but I'm suggesting that on the fence, which you might look at, is creating atunnel -- a tunnel from your home to that garage that might have a canvas top, it might have a vine covering it. It might have something that connects your structures, so they are not separate, but the goods you use sell would be stored in the evening and that any approval granted for this particular application be subject to revocation by the city with a 30 day notice and it would not go with the property if it were sold. So, those are the kinds of things -- you Meridian City Council February 28, 2012 Page 25 of 50 asked for the kinds of things that might make it possible. Those are the kinds of things that I think might make it possible. Beyond that we are governed by the ordinances we are governed by and we have to make those -- have to make decisions as Mr. Hoaglun explained. We really have no basis to vary that, as near as I can tell from the information I have heard. So, you can address the kinds of things I have said, whether, you know, it's something you'd consider or not, but I'd just throw those out for leading the discussion. Hoaglun: Mr. White, response? Want me to run through the conditions again? I didn't know if you got them all. White: Am I on? Hoaglun: Yes. White: I have already got the two buildings connected. There is a telephone wire that goes from one to the other. That's connected. Hoaglun: You might need a little more, but I think Councilman Rountree has given you some latitude on that, what connection -- White: Yeah. I'm stretching it. Hoaglun: -- can be. I don't think we can quite stretch it that far, so -- White: The probability -- possibility of putting a tunnel or even a canvas between the two, that doesn't really make good sense, even though it may be something that Will make it fly. The wind comes through there pretty -- pretty hard and that would not be something that I could put across the sidewalk that goes from the house to the shop. It's a good idea, but I think in realistic terms it's not feasible that part of it. The sign -- the sign on the back shop I have no problem with, just as long as I get Meridian city to make it. Hoaglun: Mr. White, I'm finding out how your customers -- they have to negotiate with you, don't they. White: They do. Hoaglun: They do. Yes. White: Oh, yeah, you know, you throw out something and if they bite, fine. If it doesn't you back off. Hoaglun: You move on. You must be -- if you have a satellite or something you must watch Pawn Stars or something, you know, and can kind of negotiate with everyone. Meridian Cily Council February 28, 2012 Page 26 of 50 White: Oh, there is a couple items there that are workable. What happens -- now, he said something about the front yard. Very few times do I put anything out in the front yard. It's right there are at the fence on the south side. Hoaglun: Let me -- if you would, Mr. White, let me go through these again, so we all have them and Councilman Rountree make sure I don't miss anything here. Nothing in the front yard related to sales, that includes signs, but a professional sign would be allowed on the back garage. Materials would have to be stored in the backyard and I don't know if that backyard would mean that side where he was discussing that, because that -- that is his backyard, but it's also a side yard. That there be a connection between the house and the garage. If it was my wife she would take that opportunity to say I want that grape arbor up now. So, she would take advantage of that. To me that's a covered deal. But the goods would be stored in the evening and if there was any violation of any of this there would be a 30 day notice and a revocation and it does not go with the property if you were to sell the property. Did I capture those correctly, Councilman? Rountree: Very good. White: That last part I think is good, because not everybody is going to be a Lee White. That just is the way life is. Hoaglun: Yeah. White: And that probably is a good thing. Storing the items or taking them in in the evening. For the most part I do. Have been. Pull them off of the side into my yard and quite often put a cover over them. But I have been, likewise, very fortunate in nobody has come and destroyed or stolen. I've had one item or two -- maybe two items stolen that I have had out. So, people have been extremely good to me. I can -- I have no problem with bringing them in, covering them up for the night. What about this idea. Display items for two days, three days, one week, nothing for four or five days and, then, a four day week? Hoaglun: Well, Mr. White, what -- Bird: And we are breaking the law. Hoaglun: Yeah. We get into that -- that ordinance. The four days -- I mean the three days -- what we have in our yard sale you can do that four times for up to three days in length; is that correct, Pete, or Mr. Nary? Nary: Yes. Four times. Hoaglun: Four times in a calendar, up to three days in length. So, you could under yard sale ordinance do four sales a year have your material out there for three days and call it a yard sale on top of -- on top of something that we might approve, is my Meridian City Council February 28, 2012 Page 27 of 50 understanding, because you still could do that four times a year, even if -- even if you were to do something like this, if we were to grant the accessory use permit with the conditions and maybe not all of Council would agree to these conditions and that's something we have to work out, but that is also an option still available to you on top of -- if there was something we could come up with and that's -- that's -- the difficulty is -- and maybe this is something we -- we do continue and have Planning sit down and scratch their heads and figure out is -- is there something here, are we looking at city wide, are these conditions something that we can put into place that work for this particular property, because that -- really, Mr. White, you're saving grace for me -- if you were in the middle of the subdivision I would be -- I'm sorry, you're a great guy, but we can't do this. The saving thing is about this property is in a unique location and that really is what makes me give pause from saying we just -- we just can't do it. Our codes just don't allow what you're asking to do. But because this property is unique in the fact that these people and the Mayor and staff that you hear from are all people that have the attitude of how can we do it, as opposed to, no, we just do that here, which is a good thing about this community. Let's see if there is a way we can try to make it work. The down side is sometimes it's a lot of work to get to that point and sometimes we haven't been able to, but we always give it our best shot. So that is an option we can give -- think about it for a week, work on it, we can vote on it now, it's -- it's really up to the Council. White: Let me ask one further question. Hoaglun: Go ahead, Mr. White Bird: What if I follow part of Councilman Rountree's suggestion, move everything back to -- in front of the repair garage shop off of the street and totally enclosed, am I going to be able to do that? And I'd have to put a sign up of some nature along my fence indicating that recycled items would be for sale or something like that back at my shop. Hoaglun: That's a good question. I think it runs afoul of item two on the letter you received from Mr. Friedman. I'm not sure. And, Pete, if you could take a look at that. But also ask -- I do need to ask -- we have that if it's detached, it doesn't count and can you fill us in a little bit more on why that is? Friedman: Council President Hoaglun, Council Members, I will be honest with you, I can't give you the legislative history of how the code was developed what was developed in there. I can surmise a number of things, but, again, if we take the overall consideration of the home occupation regulations it really was in individual instances and unique instances aside. Really was so that we didn't run into a situation where we were detracting from the overall appearance and enjoyment of residential properties and so that we didn't have all of a sudden garages becoming de facto car repair garages or having -- heaven forbid -- we have had -- we have had some people come in that want to make and store toxic or hazardous materials as part of a home occupation. We had one gentleman that wanted to -- I think he wanted to distill bio diesel. We have had other people who wanted to store -- they make firearms and Meridian City Council February 28, 2012 Page 28 of 50 munitions wanting to store those kinds of things. So, really, it -- there is a couple of key issues involved. One, again, is the appearance and enjoyment of residential uses and the other one, of course, is the public safety. That being said, I -- you know, we can do research -- I know of other instances where home occupations are allowed with certain limitations either in attached or detached structures. There was a legislative determination made when the UDC was adopted that we didn't want really any accessory structures being utilized for the occupation. Hoaglun: Thank you. Zaremba: Mr. President? Hoaglun: Yes. Zaremba: First I apologize for arriving late and since I missed most of the testimony I expect to abstain on the vote on this, but I would comment on the question that you just asked. I was on the committee that helped write the Unified Development Code and Mr. Friedman said most of it, but some of the extra discussion was that an accessory use permit for aresidence -- we wanted to make sure that the focus was this is really a residence and there are reasons why people would run certain kinds of businesses within their residence, but I'm -- vyhatever the wording came out, our point was we didn't want somebody building a separate building to run a business in in a residential area and I realize you didn't build that building for that purpose separate from your house, but the wording that got into the UDC, the intent was for people to be able to run a business in their residence and still have it remain looking like the residence to everybody else and not to allow them to build a separate building for the purpose of adding a business to a residential neighborhood. So, that's kind of where it came from. Hoaglun: Thank you for that history, Councilman Zaremba. On the testimony just to fill you in, he's now man of the year, by the way, so -- we have heard a lot of good things about him. But Iguess -- and I'm stretching here, Pete. His detached garage -- the Walgreen's is commercial -- is that neighborhood commercial I believe? Is that -- Friedman: You caught me, Councilman. Hoaglun: Yeah. I -- Friedman: I'm guessing it's probably neighborhood commercial if -- Hoaglun: Because they close at 11:00. But that -- White: 10:00. Friedman: 10:00. Okay. And there is probably no way to extend that zoning to -- to encompass his detached garage, is there? Meridian City Council February 2B, 2012 Page 29 of 50 Friedman: Councilman Hoaglun -- Hoaglun: I'm stretching here. I'm grasping at straws here. Friedman: I would not recommend that. I -- Hoaglun: Okay. I didn't think so. You see where I was going with that. Friedman: Yes, I do. White: I can appreciate where you are and what you're doing and trying to do. I do appreciate that. But, by the same token, I'm trying to look out for me. I don't want to be a law breaker, but I want to be busy doing something and I'm not going to sit in front of the TV for seven, ten hours a day. It isn't going to happen. Hoaglun: I don't think that's your nature, Mr. White, so -- White: So, what do we do? Igo away from here tonight no different than when I came in, other than I had a good experience and got to see the other side of the fence and hear your dilemma and I appreciate what you do trying to make it happen. , Hoaglun: Great. White: I would like to have a copy of the suggestions that Councilman Rountree has given and see if we cannot work on that. We might be able to swing and sway -- there is no way that I'm going to at this time see possible to connect the two buildings together. There is what, 50 feet between them, maybe 60, and I've got the yard going both ways all over the sidewalk. It just wouldn't be feasible to connect the two buildings in my mind. Hoaglun: What we have to do here, tonight, Mr. White, is either continue this public hearing to a time certain or we have to make a decision tonight, so -- and that's up to the Council members here to make that determination, so -- we can certainly get these to you, but if the determination is made in the negative, then, it's done. But if it's -- yeah. But if it's made with these conditions of these or possibly others, then, it's up to you to say I can or can't do that. Then that's the option as well. Or we continue it and see if there is something else out there that we can work on, but as you can tell we have been working pretty hard at this trying to -- trying to make this work. White: I want to make it work. Hoaglun: Yeah. White: But I don't want to be a law breaker by the same token and you don't want me to be one and you would like to have it work I'm sure. Even Councilman Rountree. Meridian City Council February 28, 2012 Page 30 of 50 Hoaglun: Even Councilman Rountree. He really is a good guy, so -- White: He's all right. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I opened my mouth and admitted I'm here. I would ask a question that may have been covered before I got here and I apologize if so, but I guess my question is about preexisting conditions or stuff like that. What is the relationship between when you started doing this and when you were annexed into the city? Were you doing this before you were annexed? White: I purchased the property apparently after the annex -- Zaremba: Oh. Okay. White: -- because I'm not aware of any annexing. Zaremba: Okay. I thought the annexation was recently, but Icould -- that answers my question. White: I bought the property in November of 1999. Zaremba: Okay. White: After Mr. Heller and Mrs. Heller had moved out. Zaremba: Thank you. That kind of ruins where I was going. White: It was a nice try. Zaremba: Thank you. White: Well, then, I suggest that we table it and continue. I work with the suggestions -- try to make it happen. The one connecting the two is probably going to be the most impossible one to do, unless I can put a four inch tube under the ground right at the edge of the sidewalk and call that a connection. That may not fly. Hoaglun: Possibly not, but we will see what Council members would like to do. Rountree: And I think that's a good suggestion. Mr. President? Hoaglun: Council Member -- Meridian City Council February 2B, 2012 Page 31 of 50 Rountree: And for Mr. White's benefit I, too, replace shovel handles. White: Do you do as good a job as I do? Rountree: Probably. Maybe even better. White: We will have a contest one of these days. Rountree: I carve them, so -- I don't buy a handle and put it in, I turn them out of ash and put walnut handles on them, so -- White: I'd like to come and see your operation. Rountree: Anyway, Mr. President, I would move that we continue this public hearing for the benefit of Mr. White having an opportunity to review the comments that have been received this evening and the comments that he's made as well and schedule it for -- we have already run out February, so -- Holman: Councilman Rountree -- Rountree: Yes, ma'am. Holman: -- that would be March 7th, because we are moving the meeting to a Wednesday that week. Rountree: And I would ask Mr. White is a week enough -- do you want -- White: Ask me what? Rountree: Is a week enough? Do you want to come back in a week or do you want a couple weeks to think about it? To schedule another hearing. White: Once I see it in writing it's not going to be too hard to -- Rountree: Okay. White: -- work through it, so let's shoot for a week. Rountree: Let's --date certain is March 7th, 2012 . Hoaglun: Yes. And, Councilman Rountree, just to clarify your motion as -- do you want Mr. White to work with staff on this issue? Rountree: If that's his desire, yes. Meridian City Council February 28, 2012 Page 32 of 50 White: I have no problem with -- Hoaglun: Okay. Is there a second? Bird: Second. Hoaglun: We have a motion and a second to continue this to March 7th and for Mr. White to work with staff on the conditions related to his appeal. If there is no other discussion -- Councilman Zaremba is abstaining on this vote; is that correct? Zaremba: That's correct. Hoaglun: Okay. With that I -- I have to ask City Clerk is this a roll call vote or just a voice on this? Rountree: Just voice. Hoaglun: Just a voice. Okay. All those in favor say aye. Any opposed? There is none. So, we continue to March 7f" Thank you, Mr. White. MOTION .CARRIED: THREE AYES. ONE ABSTAIN White: I'll give these papers to here. Hoaglun: Great. We appreciate it. Meridian City Council Meeting Agenda -Tuesday, February 28, 2012 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Public Comment on Fireworks Code Update Hoaglun: With that we are now to Item 7C, public comment on fireworks code update and, Perry, are you going to have any comments before we take any comments? Palmer: I have none at this point. Hoaglun: Okay. Is there anyone here to testify regarding the fireworks code update? Yes, sir. Come on up. And as you saw, name and address. Palomarez: John Palomarez. I live at 3416 North Westlane Avenue. Hoaglun: Okay. What was the last name again? Palomarez: Palomarez. Meridian City Council February 28, 2012 Page 33 of 50 Hoaglun: Okay. Thank you. Palomarez: On the code -- the question I had as far as the two signs that go in that, can I get some kind of clarification on like what that's going to cause, if that's -- a building -- a sign on the building, is that considered a sign or is it two physical signs out on the street? I'm wondering what exactly to change, because that can be pretty, you know, ineffective if it's only one sign on the street and a sign on the building as far as -- Hoaglun: That, sir, is a very good question. I recall a city councilman asking that very same question when we discussed it, so that's an awesome question. Pete, what -- what response do you have for that? Friedman: Council Rountree -- I'm sorry, Council President Hoaglun, Council Members. I recall Councilman Rountree's question on that. The concern at that time was whether the signs -- the 32 square foot -- two 32 square foot signs were going to be the total amount of signs needed that would be permitted for the fireworks stands or would limited duration signs be also allowed and having kicked this around and worked with Mrs. Kane in the City Attorney's Office it was concluded that the two 32 square foot signs were the total amount of signage, so you could either have two on site -- I don't think -- you know, unless you want to do one and one -- you know, if you have two detached from this structure, you know, I'm not sure anybody will mistake the structure for what it is. It really is the two 32 square foot signs. Palomarez: Okay. The only reason why I asked is because last year when they had the one sign if I had my name on my actual stand that counted as a sign, so I actually had to remove the name from my stand and put it out on the street, which, you know, it cost me a few hundred dollars to put that on my stand. So, that's why I was questioning that and I was unsure if it was each sign had that certain amount or if it counted as, you know, two separate signs or -- that's more what I was wondering and, then, if it's -- if it's 32 -- however many feet it was for -- whether that's two or one sign, does it count front and back? Hoaglun: Yeah, John -- and, yeah, we just need to go through the chair. It's a little protocol thing. Palomarez: Oh. Sorry. Hoaglun: Don't worry about it. It's all right. And, Mr. Friedman, go ahead, what -- what's your response? Friedman: Thank you, Council President Hoaglun. As I said last time, I feel about as ignorant of this code amendment now as I was back then. However, my understanding in talking with Kristi today it's two 32 square foot signs. Meridian City Council February 28, 2012 Page 34 of 50 Palomarez: Okay. Friedman: We don't really calculate whether it's back or front, so -- Hoaglun: And what I understand, John, from this -- and we discussed earlier -- if you're on a corner lot and you put a sign out there and a sign over here, there is your two signs. It's kind of a unique thing. But it's -- again, get -- and so you want to maximize your size to the size, but, yeah, it's just our sign ordinance, it's kind of like going back again, this is what we do for other businesses and how it's required, so we can't -- we have to keep it the same, so -- Palomarez: Yeah. And I understand, because I know it can look kind of trashy the two weeks that we are out there, if there is, you know, five or six big signs out there, I mean you need to keep it clean and -- Hoaglun:. Let me ask Mr. Friedman to weigh in again on this Friedman: Thank you, Council President Hoaglun. This is the one thing I do know. The one change from this year versus last year with this whole thing is when you come in for your fireworks stand permit your signs are already a part of that permit, you do not have to get a separate sign permit for that, so it's taking the Planning Department review completely out of that. Palomarez: Great. One other question. In the change is I noticed that the distances for the smoking and the use of fireworks nearest the stands is being changed. Hoaglun: Yes. Palomarez: Is there any way to review that to keep them the same? Hoaglun: Yes. It's my understanding -- and, Perry or Pete, you might correct me on this -- but our change actually makes it standard to what the -- not International Code -- National Code or what -- whatever the -- whatever the code that's used by everyone else, we had farther distances, so people had to change their signs for Meridian for this particular one. We are now going to whatever the standard is and, Perry, do you want to weigh in on that? Palmer: Council President Hoaglun, Council, that is correct. What we changed brings it completely in line with what the International Fire Code calls for and what the otherjurisdictions in our area require. Palomarez: Okay. Hoaglun: Does that --John? Meridian City Council February 28, 2012 Page 35 of 50 Palomarez: Yeah, that answers that. Yeah. If I decide to keep the further distances, because I feel it's safer and I don't want anything happening, is there going to be any -- Imean is that well within my rights to be able to do that? Hoaglun: I will ask -- Bird: Minimum. Hoaglun: Ours is a minimum standard. Palmer: Exactly. Yes. Hoaglun: So, if you feel more comfortable with farther distances, then, if you're posting it, then, you should be fine. Yeah. Palomarez: Okay. Great. Everything else seems fine in there, so that's all the questions I have. Hoaglun: Thank you, John. Also have a Rick and Laurel -- is it Hardy? Okay. I will go with that. Did you have any comment? Okay. Great. Thank you. No more public comment on the fire. code update. We do have an ordinance before us, Ordinance 12- 1505. Council, any questions for staff? Anything further? Rountree I have none, Mr. President. I would move that we close the public hearing on Item 8 -- or 7-C. Bird: I'll second it. Hoaglun: We have a motion and a second to close the public comment on 12-1505. All those in favor, please, say aye. Any opposed? Hearing none, public comment is closed. MOTION CARRIED: ALL AYES. D. Ordinance No. 12-1505: Fireworks Code Update Rountree: Mr. President, I move that we approve Ordinance 12-1505. Zaremba: I'll second that, but I do have a question. Does that need to be read by the clerk? Rountree: It has to be read. Zaremba: Title only. Rountree: Title only. Meridian City Council February 28, 2012 Page 36 of 50 Hoaglun: Yes. We will have the clerk read the ordinance by title only. Holman: Councilman Rountree, don't take away my chance to shine. City of Meridian No. 12-1505, an ordinance amending Meridian City Code, Section 5-4-5 regarding permit for retail sales of nonaerial common fireworks, amending Meridian City Code Sections 5-4-6(0) and 5-4-6(p) regarding signs and standards related to fireworks operations, amending Meridian City Code Section 5-4-7(i), 11 through 13, regarding signage for short term storage containers, amending Meridian City Code Sections 5-4- 8(a), six through eight, regarding prohibitions and discharging fireworks, smoking or igniting flames in short-term storage containers. Amending Meridian City Code Sections 5-4-10(b) regarding application for a public fireworks display permit. Amending Meridian City Code Sections 5-4-10(g) through (k), regarding application for public fireworks display permit, providing a savings clause and providing an effective date. Hoaglun: Is there anyone who wishes to have the ordinance read in full? Thanks for not requesting that. We have a motion and a second to approve Ordinance 12-1505, the fireworks code update with the suspension of rules. Maker of the motion, is that correct? Rountree: Correct. Zaremba: Second agrees. Hoaglun: And second agrees. So, Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Department Report: Resolution No. 12-842: A Resolution Appointing Cheryl Caldwell to the Solid Waste Advisory Commission, Seat 3 Hoaglun: Okay. Moving forward. Department Reports. Item 8-A is a resolution 12- 842, approving -- appointing Cheryl Caldwell to the Solid Waste Advisory Commission Seat 3. And I don't think Cheryl is here tonight, but her -- her letter of interest was included in our packet and it's always good to have citizens volunteering to serve. Bird: Mr. Chair? Hoaglun: Councilman Bird. Meridian City Council February 28, 2012 Page 37 of 50 Bird: I move that we approve resolution number 12-842. Zaremba: Second. Hoaglun: We have a motion and a second for 8-A. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Legal Department: Letter Seeking Support of SB1336 Regarding Work Related Illnesses for Career Firefighters Hoaglun: We now have before us Item 8-B, Legal Department. Bill? Nary: Thank you, Mr. President, Members of the Council. I'm actually here on behalf of our legislative committee. Our local fire union was seeking support from the legislative committee and the Mayor and the Council in regard to Senate Bill 1336, which is a presumptive illness legislation. What you have in your packet is a draft letter.-- and I .actually provided. the clerk's office today a revised .letter either for Mayor de Weerd's signature or Council President Hoaglun's signature if the Council agrees to support this. What the -- what the career firefighters in Idaho are seeking is laws that are similar in other states in regards to presumptive illness. There are certain identifiable illnesses that data -- a large body of data has been collected that shows that firefighters have a higher susceptibility to those types of illnesses, so what they are seeking is, essentially, the ability, rather than going on front -- if they were to develop this type illness for a career firefighter, rather than going to the worker's comp board to prove that it was derived from their firefighter experience, that it is presumed that it was derived from their firefighter experience, unless you can show they have a family history or predilection based on lifestyle, things like that, in regards to certain types of illnesses that would -- would at least discount the belief that it was incurred as being -- because of being a career firefighter. The bill is -- was approved for printing by the Senate. I believe it's going to be heard by the Senate State Affairs Committee this week. Our legislative committee did review it -- it reviewed a variety of different concerns. Obviously, one of the costs from the city's perspective is the cost of worker's comp coverage, since we pay the State Insurance Fund for that type of coverage. The impact to the city for this is fairly small, it's -- it's a two to five percent increase, potentially, of our worker's comp coverage for firefighters. We did pay a different percentage for all the workers in the city based on the jobs that they do. The maximum amount of cost to the city is 6,000 dollars a year. So, based on that number and based on the information that was provided, the legislative committee did agree to support this and bring it forward for your consideration and whether or not you would provide this letter of support for the fire union that -- not just the local, but the state organization for the firefighters association, the professional firefighters association of Idaho, whether we provide a letter of support for that. So, I have some documented Meridian Cily Council February 28, 2012 Page 38 of 50 material if you wanted more opportunity. Mr. -- Grant Hamilton, one of our fire -- president of our local union, wasn't able to be here tonight. I told him I would be happy to present it. If the Council had a concern or wanted him to be here he could be here next week. Obviously, they are getting heard this week by the Senate, but if that was the Council's desire you can certainly set it over, so -- I can answer your questions if you have any. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Bill, what's some of the -- what's the diseases or what is -- Nary: I can -- I can actually read this off to you, Mr. Bird. Bird: I would appreciate it. Nary: Members of the Council. Yeah. In the bill what they have identified -- again based on -- based on the medical data that the national organization has gathered -- and part of it is it's -- there is also a time limit, because what the -- they are attempting to do is to make sure #hat somebody didn't acquire that prior to their. firefighter experience, because, obviously, many of the firefighters don't come into it from just a formal college education time period. They may have worked somewhere else and -- you know, they may have worked in a diesel mechanic plant or they may have worked in a factory or something else before they became a career firefighter. But the -- the ones that are listed in here is brain cancer. That's after a ten year period as a firefighter. Bladder cancer after 12 years. Kidney cancer after 15 years. Colo-rectal concern after ten. Non-Hodgkin's Lymphoma after 15. Leukemia after five. Uterine Cancer after 12. Testicular cancer after five if diagnosed before the age of 40, with no evidence of anabolic steroids or human growth hormone use. Breast cancer after five. Also if diagnosed before the age of 40 without breast cancer one or breast cancer two genetic predisposition to that. Esophageal cancer after ten and multiple myeloma after 15 years. One of the things that our legislative committee asks was lung cancer that intuitively seems something that a lay person might think is more common in firefighters and what was explained to us is they do have ahigher -- they do have a little higher tendency to get that in the firefighter profession, but it wasn't asignificant -- significant enough difference medically from the rest of the general population for them to consider it. Part of it is, of course, they tend to be --they use a breathing apparatus and such for when they enter fires, so it does have a slight increase for firefighters, but it wasn't significant enough medically to be able to include that. So, that's why they were able to designate really conditions or diseases that had a higher incident of -- of evidence in career firefighters than they are in the general population. So, that was what their data was based on. Bird: Mr. President? Meridian City Council February 26, 2012 Page 39 of 50 Hoaglun: Councilman Bird. Bird: Follow up. You know, you talk about cancers that I would say say 50 to 75 percent of your brain cancers are -- come from lung cancer and I happen to be a nine year survivor of lung cancer, so I have a little fall back on that. I -- I have no problem signing this and everything, but why is it just the firefighters? I mean I think if you go down the line we know that the biggest thing with lung or a lot of the cancers is your eating, smoking, your lifestyle. I have no problem signing it and I -- but I -- I think if we are going to do it for one part of our -- one part of our service -- with the diseases you just listed I think you do it for all your employees. Hoaglun: Mr. Nary. Nary: Yes, sir? Hoaglun: Oh, I just wanted to say from what I had read there have been extensive studies that kind of bring these out and it does kind of set these parameters, because of the likelihood if they haven't been exposed to something they are not going to get that within that time period and this sets up only once -- once they meet those time frames, whether it's ten years, 12 years, 15 years, and if they get that particular cancer o[ disease that it's. been well established there is a link betvyeen their -- what they did as a firefighter and that particular disease. Is that my understand -- is my understanding correct? Nary: Thank you, President Hoaglun. Your understanding from the information I have is correct and I guess, Mr. Bird, the only answer I can give you -- we asked the same question. I don't know that we have higher -- we have data to support say higher incidents of certain types of medical conditions among say police officers, but there probably exists some. I don't know what they are. And the same thing with treatment plant workers is another question we had, because, obviously, people are exposed to toxins, like in a treatment plant environment maybe and the response really was --and they recognize that's probably the biggest concern the legislature has had with this bill in the past is carving out this -- this special area. All I can tell you is what was told to us and why our committee supports it is the data supports that. The data supports that there is higher incidence of these types of conditions among people who have this particular career choice and because of the time gaps that they created there, that the data at least supports that for a majority of the people who develop those types of conditions. After that time period has elapsed it tends to be more related to the work that they perform than their lifestyle and others. But, again, it's a rebuttable presumption that it is caused by that. It doesn't mean that it is a done deal and it is going to be a covered disability or a covered claim, they still have to be able to show, you know -- and according to them and according to the data that's around the county is -- I mean the states still come back and still evaluate your lifestyle, whether they are a smoker or whether they live in a smoking household, whether they have a family history for diabetes or lung cancer or testicular cancer or breast cancer and those type of things that have a hereditary relationship to them. So, they do still have to provide Meridian City Council February 2B, 2012 Page 40 of 50 data. It helps them get over a presumption that makes it very difficult the other way. So, again, our legislative committee we did ask the very same questions. The data supports it, so we were willing to support it and bring it to you. Bird: Like I said, I'll sign it, I'm happy, I'm for it. Hoaglun: Okay. Any further questions from the Council? Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move that we support the letter for the -- for Senate Bill 1336 regarding work-related illnesses for career firefighters. Rountree: Second. Hoaglun: We have a motion and a second to send a letter supporting Senate Bill 1336. All those in favor say aye. Any opposed? Okay. We will get that letter sent out then right away. MOTION CARRIED: ALL AYES. C. Standard Form of Agreement Between Owner and Architect - AIA B132-2009 Between City of Meridian and Insight Architects D. Award of RFP and Agreement to Kreizenbeck Constructors for Construction Management Services for the Not-To-Exceed Amount of 5.25% of the Construction Cost Estimated at $1,300,000.00 Plus Direct Reimbursable Expenses Hoaglun: Item 8-C, standard form agreement to the owner-architect. Is that you, Mr. Nary? Nary: Actually, it's Mr. Siddoway. Hoaglun: Oh, our Parks Director Steve Siddoway. Thank you, Steve. Siddoway: Mr. Nary's welcome to chime in, but Item C and D are connected, so with your permission, Mr. President, I will address them both at the same time. Hoaglun: For you, Steve, we will let you. Siddoway: Thank you. My pleasure to be before you tonight, Mr. President, Members of Council. As you know we have been anxious to begin work in earnest on the Meridian City Council February 28, 2012 Page 41 of 50 maintenance facility design construction documents and construction, with the hopes of entering -- opening the facility next year. Beginning back in September or October of last year we put out the RFQ for architectural services. We had approximately eight architects that responded. They were ranked by a committee. Insight Architects was the highest ranking firm. At that time we went through fee negotiations and authorized specifically the concept planning aspect of that that was -- and we were before Council approximately a month ago and saw in some detail the -- the concept planning work that we had begun for the site. Now, we were told to put the -- the design development and construction documents on hold at that time while the construction best practices task force worked on a preferred project delivery method. The direction that was brought back by that task force was to use the general -- not to use a general contractor, but to use a construction manager method of delivery. We, then, put out a subsequent RFQ for construction management services. We received eight applicants on that. Kreizenbeck was the high -- highest ranking applicant through that process. Kreizeneck Constructors, and here in the audience tonight we also have Michael Berard with Kreizenbeck, who can answer any questions you might have of him. They did submit two proposals which were reviewed and deemed acceptable at five and a quarter percent of the accepted overall project cost of 1.3 million. Basically we have 1.5 million total in our budget and we need the -- the construction management fees and the project fees to stay within that budget. Legal has reviewed and prepared the contract documents based. on AlA standard contracts at this time and per the task force recommendation. It looks like Mr. Nary stepped out, but I was going to give him an opportunity to comment on legal's involvement in that process, but with that as an overview of where we are I will just say that we have successfully negotiated proposed contracts for your consideration with both Insight Architects and Kreizenbeck Contractors and I would stand for any questions. Hoaglun: Thanks, Steve. Any questions? Bird: Mr. President? Hoaglun: Councilman Bird . Bird: Steve, without me going through the whole AIA contract, what's the fee for the architectural? Siddoway: You know, I was just going to ask Bill -- I notice it didn't get printed on here. I believe it's right at 120. And the scope of services for that includes everything from public involvement, survey, environmental assessment, facility design, cost estimates, project coordination with various agencies such as Nampa-Meridian, ACHD, and other agencies like that and, then, there is a list of 11 deliverables that they are expected to provide from design graphics to the certificate of zoning compliance. Bird: A percent -- a percent in other words? Meridian City Council February 26, 2012 Page 42 of 50 Siddoway: Yes. It's right there. Mr. Nary, do you have with you the total contract amount for the -- the Insight Architects agreement? I know it was in the a-mail that I believe Ted sent you yesterday. Nary: Yeah. Bird: He doesn't want to go through the whole contract? Nary: I can get it really quickly. I'm sorry. Hoaglun: Well, while Bill's looking at it, any other questions regarding the agreement for City of Meridian and Insight or Kreizenbeck Constructors? Anyone want to give Mike a hard time while he's here? Now is our chance. Bird: I think we negotiate his fee down a little. Hoaglun: I might ask you, Steve, what -- once this moves forward, what's our time frame for the construction and -- Siddoway: Well, I don't have -- I can tell you that if it's approved tonight we have a kick off meeting on Thursday of this week. , Hoaglun: Okay Siddoway: One of our very first next steps is to get together with Councilman Bird, he's got some facilities he'd like us to look at in terms of level of effort and concept that we need to roll into our concept planning efforts at this point and, then, we will have a much better timeline. We hoped to be beginning construction at the beginning of the summer, but we pushed out about four months, so just as quickly as we can, but it's going to be mid to late summer by the time we get construction documents, bid process, and have a contractor on board. I don't know if you have any specific thoughts, Mr. Berard, forme at this point, but -- Zaremba: If you're going to continue -- Hoaglun: If your answer is longer we have to have you come up. Siddoway: I'm going to have to repeat everything you say. Hoaglun: I was going to have Steve translate it, but -- go ahead. Berard: Based on -- based on the anticipated schedule I'm going to push it as quickly as we can. We have to identify all the skill parameters, but if we can get ahead of the curve and get construction started in early summer, so we can get the majority of the -- of the site work, paving, landscaping, whatever -- the exterior work is done by November, we are in great shape. If we started later and that work needs to go into Meridian City Council February 28, 2012 Page 43 of 50 the spring, then, we start getting into winter conditions and additional expenses, delaying the overall schedule in the spring and it really kind of prohibits a February, March move in and probably pushes us more to a -- to a late April, May move in, just based on weather conditions. So, the goal is to try to get the timing kicked off correctly. Hoaglun: So, a year from now, basically, if we can meet that? Berard: Yeah. Hoaglun: Okay. Councilman Bird. Bird: Mike, we can -- we can do the site work and a lot of that stuff without having complete drawings, can't we? Get started on that? Berard: We can do -- we can do some, yes. You can always pave early. I think the big challenge is trying to get it sequenced in to where you're not working over the top of new work. So, the big focus is going to be -- Bird: You don't want to bring your equipment on top of your -- yeah. Okay. Berard: Okay. Bird: Yeah. Okay. Thank you. Hoaglun: Okay. Any other questions? Bird: I have none. Hoaglun: Steve, any comment -- last comment? Siddoway: No, sir. Not unless there is any other questions. Hoaglun: Okay. Thank you. Berard: Thank you. Hoaglun: So, Council, you have before you Items 8-C and D. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I'll make a motion. I guess we don't have a number for the contract with the Insight Architects, but I would move we approve the AIA 6132-0029 -- or 009 between City of Meridian and Insight Architects. Meridian Cily Council February 28, 2012 Page 44 of 50 Rountree: Second. Hoaglun: I have a motion and a second to approve Item 8-C. All those in favor -- oh, Madam Clerk, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Hoaglun: Item 8-D is before us. Bird: Mr. President, I move that we approve the construction management agreement with Kreizenbeck Constructors and the City of Meridian for the amount not to exceed 5.25 percent of the construction cost for a maintenance building. Rountree: Second. Hoaglun: We have a motion and a second to approve Item 8-D. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries on both those. MOTION CARRIED: ALL AYES. E. Fire Department: Budget Amendment for FEMA Fire Prevention and Safety Smoke Alarm Grant for aNot-to- Exceed Amount of $27,861.00 Hoaglun: Thank you. Our last item under Department Reports is Item 8-E, Fire Department budget amendment for FEMA fire prevention safety smoke alarm grant and, Perry or Pam, which -- who is who up? Palmer: She twisted my arm to do it. Hoaglun: You lost the toss. Palmer: I lost the toss . Yes. Thank you, Council President Hoaglun and Members of the Council. Before you tonight is the fruits of the labor of Pam Orr, our fire prevention and education specialist, where she put in for a grant with the intent to make Meridian a much safer community by having adequate and working smoke detectors in all homes. That's the ultimate goal. It's going to take us a little while to get there, but I think that you can see from the amount of the grant that she was able to able to obtain we are going to be able make great strides towards that ultimate goal. So, the -- the Meridian City Council February 28, 2012 Page 45 of 50 goal is -- as stated is to get every home with working smoke detectors, but the emphasis is to target the areas of the community that are at the highest risk and that's the elderly, senior living situations, as well as the deaf or hard of hearing and surprisingly enough in her information gathering and working with the Idaho Council for the Deaf and hard of hearing, they were extremely pleased that there is a program like this. Quite honestly, it hadn't really crossed their mind of going down this path or providing smoke detectors specifically designed for the deaf and hard of hearing. So, they are extremely supportive of this effort and I think that it's going to probably spin off into other communities to try to work with communities to -- in throughout Idaho to try to provide these kind of services. As you can see she's worked very diligently with many aspects of the community and businesses to partner. This is a short time frame window to try to accomplish this and part of that is driven by the grant constraints of trying to have this all finished by June 30th and trying to address over a thousand homes between now and the end of June is going to require a lot of help. So, you can see the list of all the partners and folks that have indicated that they are going to help us with this process. There will be training sessions with them as to how to properly greet the public, do the paperwork that's required, as well as installing the smoke detectors in the homes. The cost breakdown is before you. The total grant was 139,305 dollars, of which the 20 percent match by the city is reflected in the 27,861 dollars. The remainder would come from FEMA. On the second page, getting the word out, she's. already. been working with the media and different outlets for getting the word out to folks. We have been working with the GIS folks here in the city to help us get the mapping to the homes that we want to target, which are primarily before 1990. Typically these homes were not required to have smoke detectors when they were built and if they do have to have smoke detectors most typically they are the old design and have the limited use batteries. So, the detectors that we decided that we are going to go with are the ones of the new design, which have the ten year lithium battery. You know, if the detectors are a nuisance people tend to take them down. These have the silence features so that if you're cooking and it goes off you can silence it and in 15 minutes it resets. It also -- again it goes ten years. And that's the expected life of the smoke detectors. So, when the battery goes bad and it indicates that it's bad, that's a good time to replace the detector as well. Let's see. So, you will see the product goods listed. That is what will go out in our request for proposal for a vendor on detectors. It's not proprietary, it's listing the desired item that we want to acquire and all vendors that would be eligible to bid have the same opportunity to bid that device. Project dependencies. You can see all the different folks that we need to involve in this and what their involvement is going to be. Again, on the third page it talks about all the partners and the process that we go through, the time frame that we have to work within, the estimates for time stamps on all the different processes that need to occur and, then, a breakdown on the very last page, again, as the cost per item and how many items of each type of detector that we are looking at getting. And, then, the final thing is the breakdown from GIS as to the approximate number of homes that we are looking at that are in that target zone. With that I will entertain any questions. Hoaglun: Council, any questions for Perry or Pam? Meridian City Council February 28, 2012 Page 46 of 50 Rountree: Mr. President? Hoaglun: Councilman Bird -- or -- yes, Rountree. Rountree: The guy down here on your right. Hoaglun: Yeah. Rountree: Who will be installing these? Palmer: There is the -- the folks that are listed back on page one, actually. There is folks from the public safety academy that we will use. Lowe's. Walmart. All those have indicated that they have people that will volunteer to install. The engine companies will also be going out and helping with the installations as well. So, we have quite a -- quite a gathering of folks that will all go through the proper training, they will be cleared with background checks to make sure that the police are happy with the choices that we use. Rountree: And has the FEMA grant been awarded? Palmer: Yes, it has. Rountree: And has that money been brought forward as a budget amendment and, if not, why not, and when are we going to see that? Because if you get a grant you're still going to have to have budget authority. Palmer: Right. Rountree: I don't understand why we can't do it once, but apparently we can't, but -- okay. Is there an implied liability on the part of the city since we are partnering and doing this and see that it's done, if there is some issue with a fire and there is injury or something related to somebody saying it didn't work or was installed wrong or whatever --where are we with the liability aspect, Bill? Nary: Mr. President, Members of the Council, Council Member Rountree, Ithink -- I'm looking at the documents and one of the things it says there is legal paperwork for program liabilities. I haven't seen those yet, so I'm not sure who is doing that. I mean right now we go out and change batteries in people's smoke detectors and we do that as a public service. This is a little bit more than that, so I'm not sure who -- who is going to be responsible. To me the installer is going to be responsible if they are installing an electrical device that requires a permit or something like that. They are the ones responsible for it. But I'm not sure what all of them are, because this is -- just through this -- this week have I seen this. So, I don't know if we have any -- those questions answered yet. Meridian Cily Council February 28, 2012 Page 47 of 50 Rountree: And, Perry, I don't know if you -- or Pam, either one, have given that any thought or know of experience with other projects like this. Palmer: There is actually paperwork that comes with the program; right? Yeah. Councilman Rountree, there is documentation or paperwork that comes from FEMA as kind of the template to follow that the city can make the appropriate adjustments as they see fit to that document. Nary: You need to come up to the -- Rountree: Come on up, Pam. Hoaglun: Yeah. I know you tried to avoid it. Rountree: I knew we would get her up here. Orr: President Hoaglun, Members of the Council, thank you so much. We are putting together the documentation now on Mr. Nary that is going to be not only the applicant -- application for those family members homes that desire this service, but also for them to be able to sign and do kind of a waiver if you will. Understanding that this service that we are providing for them is #o make .their homes safer, but, you know, there is so many -- there is so many variables they have to take care of the unit, they have to clean it, they have to test the unit and, you know, we can't be responsible for that. Something else on these units is that they are ten year lithium batteries only. We are not installing electrical units and the reason for that is because if we do we felt that we were going to have to bring in electricians for that and we didn't feel that we were there, you know, on -- for this program. Hoaglun: Thank you, Pam. Any other questions for Council? Bird: Mr. President? Hoaglun: Councilman Bird Bird: On this budget amendment, we have no signature from the department, Council, Finance, Mayor, anything, and where -- where is the 27,861 coming from out of your budget? Rountree: Good question. Holman: President Hoaglun? Hoaglun: Yes, Madam Clerk. Holman: With budget amendments, because there is so many signatures required, usually the scanned copy that goes in the laser fiche is not the final copy. I have a Meridian City Council February 28, 2012 Page 48 of 50 budget amendment here that everyone has signed, including the Mayor. It's just waiting for approval. So, I just wanted to clarify we do have all of that. Hoaglun: If it's the same as this it's the 27,861. Holman: Well, yes, it's got operating expenditures, capital outlay, and cash donations received broken out into three separate sections, but do you want me to -- do you want to see this copy, Councilman Bird? Bird: If you have got it on file, but -- Hoaglun: Pam or Perry, that -- you do have funding in your budget to fund that 27,861 dollars? Orr: I do not know if that, in fact, is true. Hoaglun: Coming out of Tracy's budget? Shall we try that? Okay. I take that as a no. Bird: I'm sure it's coming out of the fire department, but -- that's all I ask is where it's coming from and Chris was supposed to -- I see I signed this last week and he was supposed to tell me Where it Was coming from., because that's a question I asked him standing right up here, so we can ask them. We know it's going to come out of the budget somewhere. Take it out of the chief and the assistant chief. Hoaglun: Okay. Any further questions for Pam or Perry on this item? Rountree: I have none. Hoaglun: Okay. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move that we approve the budget amendment for FEMA fire prevention and smoke -- smoke alarm grant, not to exceed the amount of 27,861 dollars out of the existing budget. Rountree: Second. Hoaglun: We have a motion and a second for item -- approval of Item 8-E and, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Holman: All ayes. Motion carries. Meridian City Council February 28, 2012 Page 49 of 50 MOTION CARRIED: ALL AYES. Item 10: Continued from Pre-Council Agenda: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Hoaglun: We are at Item 9, future meeting topics. Council, is there anything that you want to see on the agenda coming up? We have pushed one from tonight until next week, but anything else? Rountree: I have nothing. I would move that we go back into our continued Executive Session. Nary: Mr. Chairman -- or Mr. President. Sorry to interrupt you before you do that. I was just going to -- just going to clear up the record from earlier. You were asked about Insight Architects. The amount for them was 110,290 dollars. Bird: Okay. Nary: So, I just uvan#ed to make sure you had that from the record.. Hoaglun: Mr. Siddoway? Siddoway: And I would just add that is the 120,000, that I mentioned, minus the amount that we have already paid them for concept design services. But the amount for the contract as approved tonight would be the 110,290. Hoaglun: Okay. Thank you, Steve. Bird: Thank you. Hoaglun: Appreciate that clarification. Thank you, Bill, for getting that information. We have a motion. Did we have a second to go back into continue our Executive Session? Was there a second? Zaremba: Second. Hoaglun: Oh. Okay. And we do have asecond -- motion and second to go back into Executive Session. Roll call vote. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES: EXECUTIVE SESSION: (9:18 to 10:19 p.m.) Meridian City Council February 28, 2012 Page 50 of 50 Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we come out of Executive Session. Rountree: Second. Hoaglun: I have a motion and second to come out of Executive Session. All those in favor say aye. Motion carried: MOTION CARRIED: ALL AYES. Bird: Move we adjourn the meeting. Rountree: Second. Hoaglun: Motion to adjourn. All in favor? MOTION CARRIED: ALL AYES. Hoaglun: We are adjourned. MEETING ADJOURNED AT 10:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~~-~ ~ ~ ~ i ~ 3 i for a~ N- DATE APPROVED ATTEST: Go~oaAZa°"r,~~sr, 2 1Dn V ~~~it .. n ^CItyOI HOLMAN, CITY CLERK ~vd ~ ter. $F.,f~, _r ode Changes to Agenda: None Item #7A: Seyam Subdivision (TEC-12.001) Application(s): RE cErVED FEB 1 Q 1011 CITYpF~E rouN CITY CLERKS OF - Two (2) year time extension on the preliminary plat to obtain the City Engineer's signature on the final plat Size of property, existing zoning, and location: This site consists of 39.28 acres, is currently zoned C-G & I-L, and is located on the north side of E. Franklin Road, approximately 1,200 feet east of N. Eagle Road. Summary of Request: The subject plat consists of 8 building lots. This will be the 3~" time extension requested by the applicant. If approved, the applicant will have until February 28, 2014 to obtain the City Engineer's signature on the final plat. Staff is not proposing any new conditions of approval with the subject time extension. Written Testimony: Brad Miller, Applicant's Representative (in agreement w/staff report) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Notes: Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with BDPA, Inc. for Human Resources Services Regarding an Internal Alignment MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~~~nc. •xum.. xxom... aon.unma emu, CONTRACT AGREEMENT Between the City of Meridian, Idaho and BDPA, Inc. SECTION ONE Client Identification Contract made this ~8 day of FebrvarJ 2012 between City of Meridian, a corporation organized and existing under the laws of the State of Idaho, and herein referred to as City, and BDPA, Inc., of Boise, Idaho, herein referred to as Consultants. SECTION TWO Recitals 1. The City is a government organi~tion in the business of providing municipal services to its citizens, and in the conduct of such business desires to have the following services/tasks performed or provided by Consultants: Professional Hnman Resources Management Consulting Services 2. Specific work under this contract will be described in an attached Swpe of Work (entitled Attachments) with appropriate signatures from the City and Consultants. ProieM Cost Consultants will conduct all work as described for a professional hourly rate of $90. Work requested and agreed to beyond the scope of this project will be charged at the professional hourly rate of $90. SECTION THREE Status of Consultant This contract calls for the Consultants to perform professional services as an independent contractor and Consultants will not be considered an employee of the City for any purpose. SECTION FOUR Insurance Tn performance of professional services, Consultants will use that degree of care and skill ordinarily exercised under similar circumstances by members of the human resources management consulting profession; no other warranty, either expressed or implied, is made in connection with rendering Consultants' services. Consultants shall maintain automobile insurance and statutory Worker's Compensation insurance coverage, employer's liability, and comprehensive general liability insurance coverage. SECTION FIVE Limitation of Liability The Consultants will perform the specified work on behalf of the City and only for such specified purposes as described in the Attachments. Under no circumstances will Consultants' liability to the City for any negligent act or omission relating to or arising out of the project exceed the Consultants' total fee for the services rendered. Further it is understood and agreed that Consultants are not liable or responsible for the results of any projects, surveys or other tasks and data collection undertaken as a part of and necessary to the completion of the project. © Contract Agreement Between City of Meridian and BDPA, Inc. - 2012 Pege 1 ~~~~nc. a°um.n n.wurw co~.umn, °m~. SECTION SIX Confidentiality/Proprietary Interests The Consultants and the City recognize that the Consultants may, in the course of performing its services, acquire or have access to information and data that may be confidential or personal to the individuaUentity disclosing such information or data. While the Consultants' tasks and the project being undertaken may require disclosure of such information to the City in a general, statistical or other non-specific. manner, the City understands and accepts the Consultants' limitation that in order to obtain the information and data necessary to perform the assigned tasks and to complete the project in question, all or some of the information specifically obtained by the Consultants in carrying out and completing the project is confidential and proprietary to Consultamts and may not subject to disclosure to the City as part of the project. The Consultants guarantee that information from or about the City will be kept wnfidential. SECTION SEVEN Camcellation The parties agree that the City may cancel the project at any time upon thirty (30) days written notice to consultant, and subject to payment to the Consultants for all services rendered by the Consultants toward the completion of the project, up to the time of cancellation, based on the benchmarks or percentages of completion of the total project set forth in this proposal, plus a termination chazge of 25% of the total remaining value of the contract. SECTION EIGHT Legal Aavistance The Consultants do not render legal advice or legal opinion in its services or products. Such advice may only be given by a licensed, practicing attorney. Therefore, the Consultants request that the City confers with its representing counsel on any issues requiring legal review. SECTION NINE Equal Opportunity Employer The Consultants certify that it is an equal opportunity employer and agrees to provide all services called for by this contract in accordance with all state and federal statutes governing civil rights and employment discrimination. The Consultants shall further comply with such other relevant acts as may be required by the City. In witness hereof, by the signatures below, the parties agree to all parts, sections and conditions of this contract as stated herein. BDPA, Inc. City of Meridian Title p4r„~ws Title C.o,,..~ '~resiSLo~~ Date 3 ~ au - 3 ~ 12 Date ~ - ~~ - ac,~ -~ ®Contract Agreement Between City of Meridian and BDPA, Ise - 2012 Page 2 ~~~~nc. ANYm.p N.wurcu Cpn.uM~q Group ATTACHMENT 1 TO CONTRACT AGREEMENT For a Classification and Compensation Project Between the City of Meridian and BDPA, Inc. SCOPE OF WORK: Conduct a Review of Internal Alignment A review of Internal Alignment will include a thorough review of the hierarchy of jobs across occupational categories and levels of responsibility in the City of Meridian. This enables BDPA and the City to provide justification on how employees aze paid and validation for the Equal Pay Act. Using common evaluation factors, jobs aze eventually assigned to pay grades. Job valuation essentially has little relationship with compensation, except that the process of valuing a job results in that job being assigned to a pay grade. The Equal Pay Ac[ requires that jobs of equal value should be paid equitably and to'use at least four factors in determining a job's value: scope of responsibility, level of effort, skill and working conditions. In the past, BDPA has worked with City leaders to identify other factors that exist in all jobs; the factors are essential to differentiate levels of job worth. Having a well documented job valuation process is also beneficial to the City should any challenges occur based on federal statutes, including the Lilly Ledbetter Fair Pay Act passed in 2009 by Congress. BDPA will use the City's current job valuation factors or work with Human Resources staff to refine new factors. BDPA typically utilizes the Whole Job Method of position evaluation to determine internal equity, because it considers the internal hierarchy within departrnents, conforms to regulatory compliance, and still maintains some flexibility while complying with regulations. As with any job valuation method, consistency in interpretation and application of the evaluation factors is extremely important. When jobs aze evaluated using the defined factors, consideration must be given for the line of progression or hierazchy of positions within an occupational or job series. On face value, each job could be evaluated based on a similar interpretation of any given job factor. However, in consideration of rank and hierarchy, the jobs must be evaluated at different levels. Jobs must be viewed globally for the City as a whole and BDPA will engage in this process as an independent, objective group. Every classification specification will be analyzed as though it is vacant: the incumbent's skills, education, or experience are not considered; the focus is on the job's primary functions and minnnum qualifications. As each specification is analyzed, BDPA will also evaluate the job's classification under the Fair Labor Standards Act (ELBA) to recommend the position as Exempt or Non-Exempt (covered under the Act). BDPA will conduct the review using current job descriptions that we understand have been kept up-to- date. In order to ensure accuracy however, we will ask each department head to review the current job description with employees and determine if they accurately portray the primary function of the job and the minimum qualifications of the job, as if it were vacant. BDPA will work with the City's Human Resources staff to answer questions about a job's primary function, required skill set, and other minimum qualifications. ® Contract Agreement Between City otMeridieo and BDPA, Inc. - 2012 Page 3 ~~1~~~. A Numpn Nnwu/cM GnpuXlnp Grvup We anticipate that several of the upper tier City jobs may have significantly changed in primary function and minimum qualifications during the past few years, and those would need to be thoroughly reviewed. We assume that approximately 15 positions may need to have new class specifications. For these jobs BDPA may have the employee complete a Position Description t~ttestiormaire and then interview the employee and/or manager. We will then draft new class specifications,. if necessary, for review by Human Resources before they aze finalized. BDPA will prepare a report outlining our recommendations to the Human Resources Dtrector. Expected Outcomes As a result of this project, the City may expect to receive: • An evaluation of all classification specifications in accordance with the Equal Pay Act; • A job valuation system and process that establishes and maintains internal equity and that can be used in the future by human resources staff for new or re-defined jobs; • A Kinds and Levels Chart that shows the alignment of jobs throughout the City; • A detailed explanation of job valuation methodology and all original documentation of job analysis; and • Recommendations for adjustments, title changes, and/or other important considerations by the City. Proiect Timeline BDPA anticipates this project will take about a month to complete, with final rewmmendations by March 21, 2012. Fee Proposal BDPA, Inc. will perform all tasks based on an hourly rate of $90.00 per hour. Hours Services @ Project Description (includes meetings $90/hour TOTAL w/s Review approximately140 class specs (grade levels A-P) and 22 2g Public Safe "civilian" class Prepare approximately 15 new class $ s ecs if needed Develop recommendations and 10 review with Human Resowces TOTAL 46 4,140 4,140 ® Contract Agreement Between City o[ Meddiaa and BDPA, Inc. - 2012 Page 4 B~~~~nc. hNwMn flpoumn Con.ulllnp Oroup Lt witness hereof, by the signatures below, the parties agree to all parts, sections and conditions of this Attachment 1 of the contrast as stated herein. ~ BDPA, Inc. p gyp .'.YS. u~{~- ~~ ~'1!~ Title~~ ~sr.p A n City of Meridian By Title ~u~~ Yrc - Date 'd - a-u ~ I z Date a. - '~. 2~ ' 2~ ~ "L ®Coatract Agreement Between City of Meridian and BDPA, Inc. - 2012 Page 5 Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Water Easement for Life Church at 3226 E. Commercial Court MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- IDAHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 2/22/]2 SUBJECT: Water Easement for Life Church at 3226 E. Commercial Court I. RECOMMENDED ACTION A. Move to: MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve a new easement for new water infrastructure including rnains, hydrants, and other appurtenances. The aforementioned items are in a private drive and provide service to the building site. 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. DEPARTMENT CONTACT PERSONS Rich Dees, Interim Director of Community Development 489-0351 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Steve O'Brien, Development Analyst II 489-0371 Supervisor Appro~~ Scott Steckline: Land Development Supervisor Supervisor Pnge I of l ADA COUNTY RECORDEfl Chrlslopher D, flich AMOUNT .00 f BOISE IDAHO 03101!12 12:37 PM DEPUTY Bonnie0berbillig III IIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIII RECORDED-flEOUEST OF 112018877 Meridian Ciry WATER MAIN EASEMENT THIS INDENTURE, made this lEi4day of~, 20~between S i S +~+ Ib~iD. Nas«Lthe parties of the first pail, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repay and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described For this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- l way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR,doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a goad and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Srew Id.f i l..i.-` o~ President ^~~~pt^ .C'r .J9 N~ d'd'~'~. On this ~ day of ~*~+ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared C. ~T¢a a and c:. riw±~ ,known or identified to me to be a President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~~"" ~A K.a y -- A~~~• ~~" a '•, "oL1C OF WASW~~; rti- P~~ ~ NOTARY P LIC F R FB~Ai:I9 l•1~0.~'- yr, Residing at Q/11 C Commission Expires: - ~ Water Main Easement EASMT WTR.doc STATE OF IDAHO ) ss County of Ada ) GRANTEE: CITY OF MERIDIAN C..ey. ~ 'Yr~s~y..~S O ~r City of Attest b aycee L. Holman, City Clerk , ~ Approved By City Council On: .~3/Lt_ ~ ~ 67Z STATE OF IDAHO ) ss County of Ada ) On this ~~ day of , 20~~, for jj~ , th tr~ndersigned, a Notary Public in and for said State, perso all a eare~`d~~ '~'i~~3~and JAYCEE L. HOLMAN, known to me to be the~er~an~City Jerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ..,• JON••• .AR~~~•. ~, T Y PUBLI FOR IO ,) ~ ' Resr mg at: M~ rr~~\e./~ (~ .c..:o: Commission Expires: r ~, ~ ~ i ~ O l :.:.. Water Main Easement EASMT WTR.doc Exhibit "A" Job No. 11-049 December 21, 2011 Water Line Easement Description An easement under, over and across a portion of Lot 1 of Block 1 of Commerce Park Subdivision in the Southwest'/, of Section 9, Township 3 North, Range 1 East, Boise Meridian, in the City of Meridian, County of Ada, State of Idaho described as follows: Commencing at the northeast corner of Lot 1 of Block 1 of Commerce Park Subdivision in the Southwest %, of Section 9, Township 3 North, Range 1 East, Boise Meridian; Thence North 88°28'58" West, 72.07 feet, along the north line of said LoY 1, to the Point of Beginning; Thence South 00°36'48" West, 212.61 feet; Thence South 51°27'40" West, 28.12 feet; Thence North 38°32'20" West, 23.68 feet; Thence North 51°27'40" East, 21.61 feet; Thence North 00°36'48" East, 198.67 feet to a point on said north line of Lot 1; Thence South 88°28'58" East, 20.00 feet, along said north line, to the Point of Beginning. Said easement containing therein a calculated area of 4,701 square feet. CopyAghtetl ®2011 by Tri County Sunreying, Inc. 510 So. Washington Ave., P.O. Boz 974, Emmett, ID 83617.0974 Phone: (208) 365.7470 Fax: (206) 365-2880 1/4 CORNER 8 ~ 9 C R. No 110054776 i W h 'v If ~ N ~ O~~ zl ' 7D' -_ - I 70 OI O w. wi P ~~ I W M I n N 2 ~~ WI ^~1 ~ ~'~ N~h O r^ 2 Ii 70' 8 ~9 17 16 EXHIBIT 'B' WATERLINE EASEMENT IN LOT 1 OF BLOCK 1 OF COMMERCE PARK SUBDIVISION IN THE SOUTHWEST ~ OF SECTION 9, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN IN THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO. I_rJ-r -~ ~~ I r;C'r< J L'O1~dl~A=ft~E P~\itr< ~U~DI~/I~I~)~~I COMMERCIAL COURT __ N8B'28'S8'_'W_ ~v 478`30" N JB'42 35. E - N N88'28'S8"W 298 72- --~~ - - ~--~ ~~ -- - ~-- - 712 J i~ /•_ ~ b ~~ N WATER LINE EASEMENT ^ (i ~ N w~ e ;°~ o ~, o J~J 2~ N N EXIS ANG BUILDING IJT-I !~ ~) JF;iC '1 vJ~/J~\/JY (tLL I r\ft l~ ~U.~rl~/IJ~CJ i~I C.R No 11005 4 1 74 !,D J' 2 ~!_JCtC 'J ~~r/~1~/IFitc~ r~\~tJt ~U~r I~/I:~Ifll~i SCALE: I" = 100' TRl COUNTY SURVEYING, INC. PROFESSIONAL LAND SURVEYORS 570 So, Washington Ave., P.0 Box 974 Emmett, Idaho 836!7-0974 Phone: (208) 365- 7470 INDEX No. 311-09-3-0-0-45-3721 DECEMBER 2011 JOH No. i 1-049WEsm f - Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~~:~.,c Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: 7q PROJECT NUMBER: TEC 1 ITEM TITLE: $e)/a171 $UbCI1VISlOn Public Hearing: TEC 12-001 Seyam Subdivision by Ronald W. VanAuker Located North Side of E. Franklin Road, Approximately 1,200 Feet East of Eagle Road Request: Time Extension Approval on the Preliminary Plat for Seyam Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: 7g PROJECT NUMBER: AP 12-001 ITEM TiTI_E: Lee White Denial Appeal for AUP 12-001 Public Hearing: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting TE: February 28. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Comment on Fireworks Code Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LEGAL NOTICE CITY OF MERIDIAN SEEKS PUBLIC COMMENT ON POSSIBLE CHANGES TO THE FIREWORKS ORDINANCE As part of the City's effort to involve the public in the process, the City Council will be hearing public comment at the City Council meeting held at 7:00 pm. on February 28, 2012, in the City Council Chambers, Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho 83642. This will allow the public to comment on the City's consideration of changes to the City of Meridian's Firework Ordinance and license application process. Written comments may be submitted by mail to the Meridian City Clerks Office, 33 East Broadway Avenue, Meridian, Idaho 83642 up to the hearing date; or you may a-mail your comments to clerk@meridiancity.org. Your e-mailed comments must have your name and a contact phone number included in the e-mail in order for your comments to be included in the public record. You may also appear at the February 28, 2012 City Council Meeting to submit your comments in person. Publish: February 27, 2012 CITY OF MERIDIAN CITY COUNCIL PUBLIC COMMENT SIGN-UP SHEET DATE February 28, 2012 ITEM # 7C PROJECT NUMBER PROJECT NAME Fireworks Code Updates PLEASE PRINT NAME FOR AGAINST NEUTRAL 0 olov~ re.`t- ~t~ U2 ~-- ]E~EIVE fEB 2 82012 CITY OFGP~CE~m,~~,J- Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Ordinance No. /off' /~D~ :Fireworks Code Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. ~~ ' / S 0 S BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-4-5, REGARDING PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-6(O) AND 5-4-6(P), REGARDING SIGNS AND STANDARDS RELATED TO FIREWORKS OPERATIONS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-7(1)(11-13), REGARDING SIGNAGE FOR SHORT TERM STORAGE CONTAINERS; AMENDING MERH)IAN CITY CODE SECTIONS 5-4-5(A)(6- 8), REGARDING PROHIBITIONS ON DISCHARGING FIREWORKS, SMOKING, OR IGNITING FLAMES NEAR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTION 5-4-10(B), REGARDING APPLICATION FOR A PUBLIC FIREWORKS DISPLAY PERMIT; AMENDING MERIDIAN -CITY CODE SECTIONS 5-4-10(G-K), REGARDING APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulation of the sale, storage, possession, and discharge of fireworks is within the City's authority under Article 12, § 2 of the Idaho Constitution to establish regulations for the protection of the people's health, safety, and welfare; WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; WHEREAS, City staff have identified measures to simplify and clarify the application and inspection process for fireworks permitting in order to save administrative time and costs for both applicants and the City; WHEREAS, the City Council of the City of Meridian finds appropriate circumstances justifying the reasonable variance herein from strict compliance with Idaho Code § 39-2607; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 5-4-5 shall be amended as follows: A. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess or store for the purpose of sale, sell, cause to be offered for sale, cause to be possessed or stored for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose. B. Application for a nonaeria] common fireworks permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following: 1. Applicant's nam°, °°°, °~a ° ~°' ° ~'° ~••~•'-°~ and date of birth; • , FE2EWORKS CODE UPDATE PAGE I OF 10 . ~ lu-rm=paimois ' f ~2. Physical and mailing addresses of applicant's home and dal-place-ef business; 43, Name and address of applicant's registered agent for service of process; ~4. Idaho sales tax selle>='s~~«°,;. identification number, if applicable; 5. Applicant's driver's license number and issuine state. 6. Physical address and description of each and every location at which fireworks are to be stored; 7. Dates during which nonaerial common fireworks are to be stored; 8. Physical address and description of any and all locations at which nonaerial common fireworks are to be sold and/or offered for sale; 9. Dates during which nonaerial common fireworks are to be sold and/or offered for sale; 10. A site plan, which shall include a description of; a. Location, type, and dimensions of any temporary fireworks stand and/or short term storage container to be Iocated at the sales site; b. Parking areas; c. Vision sight triangle, if located on a comer; d. Waste receptacles or garbage cans.; e. Location and type of electrical source(s)• and f. Location and dimensions of liens. 11.9ne-aAApplication fee as set forth in the fee schedule of the city clerk's office fox each and every operation for which a permit is sought. 12. Fire deroartment and Electrical inspeciion fees for each and ever~peration for which a roermit is sought. 13.Other inspection and permitting fees as may be applicable and duly licensed insurance company or companies doLg or authorized to do insurance business in Idaho. • t ~V~1SH.o«41... o.l n4in n4i..i4i.. «.1 /.. ..1: .aL aL._ _L _._i__.• and s b Y C. The city clerk or designee shall direct the Planning Building and Police Department to review the application, and shall request that the Fire Chief or designee and the electrical inspector conduct a site inspection at each operation in order to determine' 1. Whether the proposed operations. activities and/or uses are in compliance with this chanter and any other applicable laws: and 2. Whether use of such permit by aprolicant will likely endanger the health, safety. and/or welfare of persons or grope FHiHWORKS ~:VDH UPDATE PAGE 2 OF 10 D. t4ppHealiens Complete aoDlications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period or during the winter sales period shall be filed with the city clerk on or before ~3 June 1, or the next business day if such date falls on a nonbusiness day. R e 1 l,n-nru,lirntinn i fil `t]a •L 1' Ll n '1 I c a ,11' L 't. 1 l L 11 ••+' ~E. A separate application shall be filed for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. 6:F, An operator intending to sell fireworks dwing the winter sales period pursuant to a nonaerial common fireworks permit shall provide written notification of such intent to the city clerk by mailing same by U.S. post to the city clerk between the period of December 1 and December 15 preceding the winter sales period during which the fireworks are to be sold. ~I:G. The city clerk shall deny an application for a nonaerial common fireworks permit; 1, Where the applicant, ,has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not Iirnited to, a violation of title 39, chapter 26, Idaho Code. 2, Where the applicant, ,has been convicted in the preceding one year of a violation of the unified development code of the city of Meridian. 3. Where the city has revoked from applicant, , a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one year. 4. Where the planning department, building department, fire department or police department report that: a. The proposed operations, activities, and/or uses are not incompliance with this chapter; or b. Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property. Any denial of an application for a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shad present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final. T~4'i1F.}7-liRp, 1 ~ 1 a~o.~..:f .,..«1:..,.ti..« ..L..11 Le .. :,..1 L.. ,.......a:.C....a_ ~r r iam,r.. .. F «..L7:,, 1;,.1.:1:1. «.7 e.F.. ..14. .:a:... _ _r.... a.. __ "r i p"~ d « «o..ti, ,1...«....e TL~..I;,.., ,.r a L 11 L a 'H L L ti, 1'F .7 .7 .1 1 1' .] a J ~l J Y J FIIZEWORK$ CODE UPDATE PAGE 3 OF 10 ~H. A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designated in the permit, and shall be nontransferable. I~:I. The city clerk, the fire chief, or a designee of either, may revoke a nonaerial common fireworks permit issued pursuant to this chapter where: 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violafion of any ordinance or law. 6. The pennittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this code, including, but not limited to, this chapter. Any revocation of a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permittee or mailing by U.S, post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regular]y scheduled meeting of the city council. At such hearing, the city .clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of fhe revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final, Section 2. That Meridian City Code sections 5-4-6(O) and 5-4-6(P) shall be amended as follows: O The following Drovisions shall apply to any and all temporary signs related to any fireworks operation: 1. No more than two (2) temporary signs shall be installed, erected. Hosted, or displayed for the Hm•DOSe of identifying, promotive, advertisine, or directive matrons to such operation. It shall be unlawful for an~person to install, erect, Dost, or display or to allow or cause the installation, erection, on sting or display of more than two (21 temnorary signs per o eration identifying Hromoting, advertisine or directing Hatrons to such o eration 2. The area of any temporary sign installed erected posted or displayed for the puroose of identifying, Hromoting, advertising, or duectingpatrons to an operation shall not exceed thirty-two (321 square feet. It shall be unlawful for any_person to instalh erect. est. or display or to allow or cause the installation erection posting or display of a temporary sign identifying, promoting, advertising, or directing Hatrons to an operation where the area of such temporary sigr- exceeds -two (32) square feet. 3. It shall be unlawful for any Derson to install, erect, post, or dis~lav or to allow or cause the installation erection posting~or display of any temporary sign identifying Dromoting, FIREWORKS CODE UPDATE PAGE40F 10 advertising or directing_patrons to an operation upon anyproperty other than that property upon which the operation is located. 4. Any and all temporary suns identifying, promoting advertisin¢ or duectin~ patrons to an operation shall be removed within twenty four (241 hours of the conclusion of such operation. P. As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands: Any and all temporary fireworks stands shall comply with all applicable provisions of this code, including, but not limited to, the unified development code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits. 2. Prior to eructing any temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within a thirty foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris, No operator shall permit the accumulation of rubbish or trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand. 3. No temporary fireworks stand shall have a floor area in excess of ~'° ~--..a., w,-~=*.ndrea(~ooi seven hundred (700) square feet. 4. Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one additional door for each thirty two feet (32') of rear wall in excess of thirty two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning. 5. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from. any other building or structure. 6. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all temporary fireworks stands sha1I be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. 8. Any and all temporary fireworks stands shall contain a minimum of one type 2A1 OBC rated fire extinguisher, and one 2A water type fire extinguisher. Such extinguishers shall, at all times be in good working order, have a current inspection tag, and be easily accessible for use incase of fire in the temporary fireworks stand or the immediate proximity thereof. 9. Any and all temporary fireworks stands shall be emptied of al] fireworks when not open for business. This provision shall not apply where the operation is not open for business and the FIREWORKS CODB UPDATE PAGF. 5 OF 10 temporary fireworks stand is used as a short term storage facility, in which case all t provisions of this chapter governing short term storage facilities shall apply, including, but not limited to, subsection 5-4-7(J) of this chapter. 10. No person shall sleep at any time in any temporary fireworks stand. 11. Vehicles shall not be parked within twenty five feet (25') of the exterior of any temporary fireworks stand. 12. No person shall smoke within any temporary fireworks stand, nor within frlt~€eef(3A-) twenty five feet (25') of any temporary fireworks stand. 13, At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 38-25 FEET" in letters at least four inches (4'~ high on a contrasting background shall be posted on each and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shal] be maintained in a legible condition at all times. 14. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN38-25 FEET" in letters at least two inches (2") high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. I5. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN X00-100 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 16. Waste receptacles or garbage cans in any temporary fireworks stand shall be noncombustible and shall have a securely fitting lid. 17. All permits are required to be posted in the stand at all times. Section 3. That Meridian City Code sections 5-4-7(I)(11-13) shall be amended as follows: I. As to each and every short term storage container, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short term storage containers: ~a~* 11. No person shall smoke within any short term storage container, nor within ~a."~'i twenty five feet (ZS') of any short term storage container. 12. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN38-25 FEET" in letters at least four inches (4") high. on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. 13. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 380-100 FEET" in letters at least four inches (4") high on a contrasting background shall be posted FIREWORKS CODR UPDATH PAGE 6 OF 10 on each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. *~* Section 4. That Meridian City Code sections 5-4-8(A)(6-8) shall be amended as follows: A. It shall be unlawful for any person to: *~~ *~~ 6. Discharge fireworks within 'one hundred feet (100'2of any temporary fireworks stand or short term storage container. 7. Smoke within F{'-~-~(;~ twenty five feet (25'1 of any temporary fireworks stand or short term storage container. 8. Ignite a flame within s~~ ~°~ -~~` twenty five feet (25') of any temporary fireworks stand or short term storage container, Section 5. That Meridian City Code section 5-4-10(B) shall be amended as follows: B. Application for a public fireworks display permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be . limited to, the following information: 1. Applicant's nam , and date of birth; r r ~ r ~ s. ~_~ -~o -oo p -~7-a e ~ a ~ ~~ • ~ ~2. Physical and mailing addresses of applicant's home andprincipal-plas®-ef business; 4.3, Name and address of applicant's registered agent for service of process; ~4. Physical address and description of each and every location at which fireworks are to be stored; ~5. Dates during which nonaerial common fireworks are to be stored; ~:6. Physical address and description of location at which public fireworks display is to occur; 8:7. Date(s) on which public fireworks display is to occur; ~8. A site plan for the storage of fireworks to be used in the public fireworks display for which the permit is sought, which plan shall include, but shall not be limited to, a description of: a Location, type, and dimensions of short team storage containers to be used; b. The distance from other structures of any short term storage container, ~A:9_ A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standards set forth in National Fire Protection Association standards (NFPA) 1123 or 1126. X10. Description of prior pyrotechnical experience. 11 A certificate of insurance ron vidin coverage of up to one million dollars ($1 000 000 00) t fox personal injur~proUerty damage underwritten throu or by a qualified and duly licensed insurance company or companies doine or authorized to do insurance business in Idaho. FIltCWORKS CODL~ UPDATG PAGE 7 OF ID 13. Fire Department inspection fee. Section 6. That Meridian City Code sections 5-4-10(G-K) shall be amended as follows: G. The city clerk shall deny an application for a public fireworks display permit where: 1. The applicant is under the age of twenty one (21) years. 2. The applicant, ,has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code. 3. The city has revoked from applicant, a nonaerial common fireworks permit or public fireworks display permit issued pursuant to this chapter, in the preceding one year. 4. The fire department or police department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter and/or any other applicable provisions of this code; b. Use of such permit by applicant cr ;.YY'^°-~'^ ^ °°*, ° ~~°°°°, -^-'--°-, ° °~°°-will constitute an unreasonable hazard to persons or property; or c. Use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. Any denial of an application for a public fireworks display permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.5. post to the applicant's mailing address as set forth in the application, The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis Gf the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be fmal. ~t F _tA : ; N.~ F °, .,~1'oy.,l° ~fl :fie °:a. :..~~'~ :f~w. a > ~H. A public fireworks display permit issued pursuant to this chapter shall be valid only for the period designated and for the specific location designated in the permit, and shall be nontransferable. ~I. The city clerk, the fire chief, or a designee of either, may revoke a public fireworks display permit issued pursuant to this chapter where: 1. The operatox conducts a use, condition, and/or activity not allowed under the terms of the permit. 2, The operator violates conditions and/or limitafions sat forth in the permit. FIIiEWORKS CODE UPDATE PAGE 8 OF 10 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The pennittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this chapter. Any revocation of a public fireworks display permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the pennittee or mailing by U.S. post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regulazly scheduled meeting of the city council. At such hearing, the city clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final. Section 7. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 8. That this Ordinance shall be in full force and effect immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this~~day orb, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~day of A4areh~ 2012? APPROVED: ~~ ATTEST: ~ `o~o~,Raonu~~s~{, a 3 e. SEAL ~~1fe 10.E 0.0.% FIREWORKS CODE UPDATE PAGE 9 OF 10 Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: $q PROJECT NUMBER: ITEM TITLE: Department Report: Resolution No. /~ '~ 7 ~ A Resolution Appointing Cheryl Caldwell to the Solid Waste Advisory Commission, Seat 3 MEETING NOTES o,~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 12 ' $ q' Z BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING CHERYL CALDWELL TO SEAT 3 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Seat 1 on the Meridian Solid Waste Advisory Commission is vacant; and WHEREAS, Meridian City Code § 2-6-3(A)(2) provides that members of the Meridian Solid Waste Advisory Commission shall be appointed by the Mayor and approved by the City Council on a majority vote; WHEREAS, Meridian City Code § 2-6-3(D) states that vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term; and WHEREAS, the City Council of the City of Meridian deems the appointment of Cheryl Caldwell to Seat 3 to be in the best interest of the Meridian Solid Waste Advisory Commission and of the City of Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Cheryl Caldwell is hereby appointed to the Meridian Solid Waste Advisory Commission, Seat 3 for a term to expire on September 30, 2012; and Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2012. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of February, APPROVED by the Mayor of the City of Meridian, Idaho, this /~" day of February, 2012. APPROVED: ATTEST: By: City of City Clerk '°'~F SEAL P ~YpPQ °~ ~ d e iAE A`+~P~, .Sl ~.~„Q~ RESOLUTION APPOINTING CHERYL CALDWELL TO SOLID WASTE ADVISORY COMMISSION PAGE I OF 1 ~B IDIAN~-- Application to be Considered for ~pA"~ City-Appointed or Volunteer Positions Position Applying for: ^ Parks & Recreation Commission ^ Planning & Zoning Commission eridian Arts Commission O Historical Preservation Commission ^ Traffic Safety Commission O Meridian Transportation Task Foroe ^ Impact Fee Committee Solid Waste Advisory Committee ^ General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: C N EfQ a ~. ~' A- 1-. D (.tJ£ L L Home Address: 5° / ' /}- I S 2 dl ~ Telephone: ~O f1 " Ff ~ /-O x £C E-Mail Address: C GCti LOrW e 113 3 ~ ~_ ~ A-h o o ~ ~ Iivt Occupation: ~L~yH i~,y /-~- S ~. /~ ~p0~r'~-~ rnr?> Are you a resident of the City of Meridian? ~ Yes ^ No If not, do you live in Meridian's area of impact? /^_ Yes O No Why do you want to become involved? 1 ~I~y ^~l ~IV~2 -I iN AYtKJ' ~?NIOII T~F. ~,fy O'~ yVl~'/"I/JIAKI Do you participate in any local service clubs or other organizations? ~ Yes ^ fNo If so, pleaselist:_ ~l4l2, LISS~s ccJ~ IVov~Pn h~5e~ha~l What areas of city government are of most interest to you? ~_/~/ Q'O/l'JJ~7/SS/o/dS Have you participated in any level ofvolunteer government service in the past? ^ Yes No If so, please list: Do you understand the ti a commitment required to attend meetings and reviewlresearch data to make recommendations? ~ ^ No Signature ~ l ~( (} /~~~~~ Date / r ~/~/ Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 888-4218 R~c~tvE~ JAN 1 '8 2:112 clrroFCn~~ ,~^.:~ CITY CLERKS OFFICE January 16, 2012 Ms. Tammy de Weerd, Mayor 33 E. Broadway Avenue Meridian, ID 83642 Dear Mayor, I would be interested in serving on a Meridian City Commission. have been a resident of Meridian for 16 years. My husband worked at Micron Technology for 15 years and is now the owner/operator of Western Appliance Repair. My son attended Mountain View High School graduating in 2011. I am interested in serving the city in a volunteer position, for instance on the Solid Waste Advisory Commission, whenever a position maybe available. I am interested in the City of Meridian's future and would like to be a part of it. Thank you, Cheryl Caldwell 1461 Calistoga Ave. Meridian, ID 83642 208/884-0287 CHERYL L. CALDWELL 1461 Calistoga Avenue Meridian, ID 83642 208/884-0287 QUALIFICATIONS: Dependable worker with more than 20 years of secretarial experience. Versatile, quick learner who adapts well to new situations. Self-motivated; works well with others; excellent public relation skills. Type 55-60 wpm. Excellent grammar and spelling. EXPERIENCE: 1999 -Present Administrative Assistant Aastum Vocational Services, Inc., Boise, ID Assistant to the owner/counselor of this private vocational rehabilitation practice working with the State and Federal Offices of Worker's Compensation cases. Transcribing and processing files, reports, invoices, microfishe, and correspondence. Performed vocational aptitude and interest testing of clients. Maintain office filing, bookkeeping ledger, confidential client files, and all office procedures and policies. Use of secure Internet for state and federal transactions. 1988 -1993 Secretary IOLAB,1nc. (division of Johnson & Johnson), Claremont, CA Secretary to the Director of Quality Assurance. Typing and transcription of reports, memos, correspondence; coordinated meetings and travel scheduling; filing, faxing, coping, etc. Provided support to five subordinate managers within this department. Experience in Word and Excel. EDUCATION: Chaffey College, Rancho Cucamonga, CA Medical Terminology Mt. San Antonio College, Walnut, CA General Education Certificates in World Class Business Education; numerous educational seminars and workshops Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: $g PROJECT NUMBER: ITEM TITLE: Legal Department: Letter Seeking Support of SB1336 Regarding Work Related Illnesses for Career Firefighters MEETING NOTES S ~~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- IDAHO February 28, 2012 Members Idaho State Legislature State Capitol Building P.O. Box 83720 Boise, Idaho 83720 SIB 1336 Presumpfive illness legislation MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba I am writing to express the City of Meridian's support for Senate Bill No. 1336. This legislation would provide protection for all career firefighters in the State of Idaho under existing workers compensation laws by presuming that certain identified diseases were occupationally related unless a preponderance of evidence showed otherwise. Our firefighters put their lives on the line and provide an invaluable service to the public they serve. Due to the dangers they face, we believe they should be protected in the event that they become ill or injured because of this service. Research and data from scientific studies supports the fact that there are certain types of illnesses firefighters are more susceptible to creating more of likelihood than not to have occurred in the workplace. SB 1336 is similar to legislation in many other states making it clear that a career firefighter has the rebuttable presumption for specific diseases that and therefore should be covered by under the requirements of workers compensation. The City of Meridian is aware of the financial obligation that comes with this type of legislation because it would be covered by workers compensation funds. However, we still support the need for this type of protection afforded under SB 1336 as it will help provide the assistance needed when one of our Firefighters experiences a permanent or life threatening illness related to their service to our community. Thank you for your support of this legislation. Sincerely, Brad Hoaglun City Council President Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8719 . www.meridiancity.org Firefighters' Occupational Canter Protection • Numerous studies show that firefighters are at an Increased risk for certain diseases over the general public. Those diseases include certain cancers, heart and lung disease, and certain Infectious diseases. These studies indicate a statlsticalslgnificance in the association between these diseases and the work of a firefighter. • Unfortunately, when a firefighter submits a worker's compensation claim for such an occupational disease, It is usually denletl. To prove his or her case, the firefighter must be able to pinpoint the preoise incident or exposure that caused the disease In order for it to be considered Job-related. With the number of calls professional firefighters respond to that`is Hearty impossible. Additionally, these occupational diseases are typically the result of repeated exposure over the course of years, not a single event. + Recognizing this mpossible burden of proof, 40 other states have passed legislation that presumes a firefighter contracted or developed certain occupational d(seasesas a result of his or her occupation as a firefighter, • Each of those fates has made the presumption "rebuttable" by a preponderance of evidence that the disease was not caused by firefighting, butt bysome other risk factorln the claimant's .life.. Claims experience from other states show that this burden of proof is much less problematicto establish thanthe other way around, with a maJority of claims still being denied. • This legislation wtll have no budgetary impact to the state. Fire departments and fire districts will see a minorincrease in work comp premiums as a result of this legislattori. According to the National Council on Compensation Insurance (NCCI) premiums would have to only be raised :between 2.7 and 7;8%. • The Idaho Flre Chief s Association understands and acceptsthat this minorlncrease to'the premium will occur. As an organization they are supporting this bill.. LEGISLATURE OF THE STATE OF IDAHO Sixty-first Legislature Second Regular Session - 2012 IN THE SENATE SENATE BILL NO. 1336 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-438, IDAHO CODE, 3 TO PROVIDE THAT COMPENSATION SHALL BE PAYABLE FOR DISABILITX OR DEATH 4 RESULTING FROM CERTAIN FIREFIGHTER OCCUPATIONAL DISEASES, TO DEFINE A 5 TERM, TO PROVIDE A REBUTTABLE PRESUMPTION OF PROXIMATE CAUSATION BE- 6 TWEEN SPECIFIED DISEASES AND EMPLOYMENT AS A FIREFIGHTER, TO PROVIDE 7 FOR REBUTTAL OF THE PRESUMPTION, TO PROVIDE FOR THE DEMONSTRATION OF a CAUSAL CONNECTION, TO PROVIDE THAT THE PRESUMPTION SHALL NOT APPLY UN- s DER CERTAIN CIRCUMSTANCES AND TO MAKE A TECHNICAL CORRECTION. io Be It Enacted by the Legislature of the State of Idaho: ~i SECTION 1. That Section 72-938, Idaho Code, be, and the same is hereby iz amended to read as follows: i3 72-936. OCCUPATIONAL DISEASES. Compensation shall be payable for dis- 14 ability or death of an employee resulting from the following occupational 15 diseases: is (1) Poisoning by lead, mercury, arsenic, zinc, or manganese, their i7 preparations or compounds in any occupation involving direct contact there- in with, handling thereof, or exposure thereto. is (2) Carbon monoxide poisoning or chlorine poisoning in any process zo or occupation involving direct exposure to carbon monoxide or chlorine in 27 buildings, sheds, or enclosed places. 22 (3) Poisoning by methanol, carbon bisulphide, hydrocarbon distillates 23 (naphthas and others) or halogenated hydrocarbons, or any preparations con- z4 taining these chemicals or any of them, in any occupation involving direct z5 contact therewith, handling thereof, or exposure thereto. zs (4) Poisoning by benzol or by nitro, amido, or amino-derivatives of z7 benzol (dinitro-benzol, anilin and others) or their preparations or com- es pounds in any occupation involving direct contact therewith, handling zs thereof, or exposure thereto. 30 (5) Glanders in the care or handling of any equine animal or the carcass 31 of any such animal. 3z (6) Radium poisoning by or disability due to radioactive properties of 33 substances or to Roentgenray (X-ray) in any occupation involving direct con- 34 tact therewith, handling thereof, or exposure thereto. 35 (7) Poisoning by or ulceration from chromic acid or bichromate of am- 36 monium, potassium, or sodium or their preparations, or phosphorus prepara- 37 tions or compounds, in any occupation involving direct contact therewith, 38 handling thereof, or exposure thereto. 39 (8) Ulceration due to tar, pitch, bitumen, mineral oil, or paraffin, 40 or any compound product, or residue of any of these substances, in any oc- 4i cupation involving direct contact therewith, handling thereof, or exposure 42 thereto. 2 1 2 3 4 5 5 7 8 s 70 ?1 fz 13 14 75 l6 ]7 18 is 20 29 z2 23 24 25 26 v 28 29 30 37 32 33 39 35 36 37 38 39 40 49 42 43 44 45 46 47 98 49 50 (9) Dermatitis venenata, that is, infection or inflaimnation of the skin, furunculosis excepted, due to oils, cutting compounds, lubricants, liquids, fumes, gases, or vapors in any occupation involving direct contact therewith, handling thereof or exposure thereto. (10) Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides, skins, or bodies of animals either alive or dead. (11) Silicosis in any occupation involving direct contact with, han- dling of, or exposure to dust of silicon dioxide (Si02) . (12) Cardiovascular or pulmonary or respiratory diseases of a paid fireman, employed by a municipality, village or fire district as a regular member of a lawfully established fire department, caused by overexertion in times of stress or danger or by proximate exposure or by cumulative exposure over a period of four (9) years or more to heat, smoke, chemical fumes or other toxic gases arising directly out of, and in the course of, his employ- ment. (13) Acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), other manifestations of human immunodeficiency virus {HIV) infec- tions, infectious hepatitis viruses and tuberculosis in any occupation involving exposure to human blood or body fluids. (14) Firefighter occupational disease: (a) As used in this subsection, "firefighter" means an employee whose part of afire district, fire department or fire If a firefighter is diagnosed with one (1' ing diseases after the period of employment ii was not revealed during an initial employment inauon or aurinq any subsequent medical review pursuant to the guide- lines set forth in the national firefighters protection act section 1582, the disease shall be rebuttably presumed to be proximately caused by the fi.refighter's employment as a firefighter: (i) Brain cancer after ten (10) years; ~~' (ii) Bladder cancer after twelve (12) years; (iii Kidney cancer after fifteen (15) years; (iv) Colorectal cancer after ten (l0) years; (v) Non-Hodgkin's lymphoma after fifteen (15) years; (vi) Leukemia after five (5) years; (vii) Ureter cancer after twelve (12) years; (viii) Testicular cancer after five (5) years if dia arms eri hefnra the age of forty (40) with no evidence of anabolic steroids or hu- man growth hormone use; (ix) Breast cancer after five (5) years if diagnosed before the age of forty (40) without abreast cancer 1 or breast cancer 2 ge- netic predisposition to breast cancer; (x) Esophageal cancer after ten (10) years; and (xi) Multiple myeloma after fifteen (15) years. (c) The presumption created in this subsection may be rebutted by a preponderance of evidence presented to the Idaho industrial commission showing that the firefighter's disease was not broximately caused by 3 2 3 4 5 6 7 8 s TD 11 12 93 14 15 ~s (d) The presumption created in this subsection shall not preclude a ase or in ur b a re onderance of evidence before the Idaho a1 commission. presumption created in this subsection shall no_t apply to any d_disease diagnosed more than ten (10) years followina the last which the firefighter actually worked as a firefighter as de- i liicu xi, paragrapn ~a) OI Ln15 sllbseCtl.On Recognizing that additional toxic or harmful substances or matter are continually being discovered and used or misused, the above enumerated oc- cupational diseases are not intended to be exclusive, but such additional diseases shall not include hazards which are common to the public in general and which are not within the meaning of section 72-102(22)(a), Idaho Code, and the diseases enumerated in subsection (12) of this section pertaining to paid firemen shall not be subject to the limitations prescribed in section 72-939, Idaho Code. Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Standard Form of Agreement Between Owner and Architect - AIA B132-2009 Between City of Meridian and Insight Architects MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS = Document B132r" - 2009 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition AGREEMENT made as of the 28 day of February in the year 2012 (In words, indicate day, month oral year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard farm. An Additions and 33 East Broadway Avenue Deletions Report that notes addetl Meridian, ID 83642 information as well as revisions to the Telephone Number: 208-888-4433 standard form text Is available from Fax Number: 208-887-4813 the author and should be reviewed. A vertical Ilne In the left margin Mthis and the Architect: document indicates where the author (Name, legal status, address and other information) has added necessary IMormation and where the author has added to or INSIGHT architects, p.a. deleted Trom the original AIA text. 2238 Broadway Avenue Thts dowment has important legal Boise, ID 83706 consequences. Consultation with an Telephone Number: 208-338-9080 attorney Is encouraged with respect Fez Number: NA to its completionor modtilcetion. This document is intended to be used for the following Project: In conjunction with AIA Documents (Name, location and detailed description) A132'r"-2009, Standard Farm of Agreement Between Owner and City of Meridian Parks Maintenance Facility Design Contractor, Construction Manager as Meridian, Idaho Adviser Edition; A232r"'-2009, This project is the design of a 4,500 +/- square foot building for the City of Meridian as a General Condttlons of the Contract Parks Maintenance Facility. The building will house administrative offices, a training for Construction, construction room, a break room and three separate shop spaces. There will be a separate warehouse Manager as Adviser Edition; and type building for storage of equipment and consumables, and enough covered parking for C732^^-2009, Standard Form of 20 +/- Vehicles. Agreement Between Owner and Construction Manager as Adviser. The Construction Manager: AIA Document A232T"'-2009 Is (Name, legal status, address and other information) adopted in this document by reference. Do not use with other I(reizenbeck, LLC dba I{reizenbeck Constructors general conditions unless this 11724 West Executive Drive document is modified. Boise, ID 83713 Telephone Number: 208-336-9500 Fax Number: 208-336-7444 The Owner and Architect agree as follows. AIA Document Bt321Y - 2089 (formedy B147TMCMa- 7992). Copyright ®7992 and 2909 by The American Insdlule of Amhitects. All rights reservetl. Init. WARNING: This AIA° Document W protected by U.S. Copyright Law end International Treaties. Unaulhorizetl rvprotlucllon or distribution of this AIA° ~ Document, or any portion of it, may resua in severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible under the law. l Thls document was producetl by AIA software al 17:23:34 on 02/24/2012 under Order No.028744197a 1 which egiires on 02102/2013, and is not for resale. User Notes: (1849629250) TABLE OF ARTICLES INITIAL INFORMATION ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIALTERMSANDCONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposih'on forthe following items by inserting the requested information or a statement such as "not applicable, " "unknown dt time of execution" or "to be determined later by mutual agreement.') § 1.1.7 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed) SeeAttachment'A' § 1.1.2 Thli Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability ofpubltc and private utilities and services; legal description of the site; etc.) NA § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total aruZ ifknown, a line item breakdown.) $1,500,000.00 § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: To be determined .2 Commencementofconstruction: Init AIA Document B732® - 2009 (lormeny B741 ^'CMe - 7992). Copyright ®1892 and 2009 by The American Institute of Architects. All dghfs reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and Internaaonal Trestles. Unauthorized reproduction or dlatdhulton of this AIA® 2 Document, or any portion of it, may result In severe civil antl criminal penalties, and will be prosecuted to the maximum extent possible untlerthe law. / This document was produced by AIA software at 17:23:34 on 02/24/2012 under Order No.02 974 41 9 7 8_1 which expires on 02/02/2013, and is not for resale. User NOtea: (1849629250) To be determined .3 Substantial Completion date or milestone dates: To be determined Other. To be determined § 1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, ifMul[iple Prime Contractors are use7~ the term "Contractor" as referred to throughout this Agreement will be as if plural in number.) [ ] One Contractor [ ] Multiple Rime Contractors X Unlmown at time of execution § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased censtruction are set forth below: (List number and type of bid/procurement packages.) NA § 1.1.7 Other Roject information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservdfion requirements.) I None identified attimeofexecution § 1.1.8 The Owner idenfifies the following representative in accordance with Section 5.4: (List name, address and other irtformatiorc) Steve Siddoway City of Meridian 33 Past Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) NA § 1.1.10 The Owner will retain the following consultants: (List name, legal status, address and other information.) .1 Construction Manager: The Conskuc[ion Manager is identified on the cover page. If a Construction :Manager has not been retained as of the date of this Agreement, state the anticipated date of retention: NA .2 Cost Consultant (if in addition to the Construction Manager): (If a Cost Consultant is retained, appropriate references to the Cost Consultant should be inserted in Sections 3.2.6, 3.2.7, 3.3.2, 3.3.3, 3.4. S, 3.4.6, 5.4, 6.3, 6.3.1, 6.4 and 11.6.) AIA Document B132TM - 2009 (fonnedy B741 TMCMa -19921. Copyright ®7992 and 2009 by The Amerlwn Ins6lute of Architects. All rights reserved. fnlt WARNING: Thls AIA° Document Is protected by U.a. CopyrighlLaw and Intematlonal Treanee. Unauthorizetl reproductlan or dlstributlon of lhls AIA°3 Document, or any portion of Il, may result in severe civil antl criminel penaltlea, antl will be prosecutetl to the maximum extent possible under the law. / This document was produced byAlA software et 17:23:34 on 02/2412012 under Order No.0297447676 1 which expires on 02/02/2013, and is not for resale. User Notes: (1649629250) NA .3 Land Surveyor: NA .4 Geotechnical Engineer: NA .5 Civil Engineer: NA .B Other consultants: (List any other consultants retained by the Owner, such as a Project or Program Manager, or scheduling consultant.) NA § L1.11 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other informotion.) Dana Kauffman INSIGHT Architects, p,a. 2238 Broadway Avenue Boise, ID 83706 Telephone: 208-338-9080 § 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.]2.2: (List name, legal status, address and other information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: AHJ Engineers P.C. 5418 N. Eagle Road #140 Boise, Idaho 83713 Telephone: 208-323-0199 .2 Mechanical Engineer: Musgrove Engineering PA 234 S. Whispertvood Way Boise, ID 83709 .Telephone: 208-384-05 85 .3 Electrical Engineer: DC Engineering 440 Eas[ Corporate Drive Suite 103 Meridian, ID 83642 Telephone:208-288-2181 § 1.1.12.2 Consultants retained under Additional Services: NA AIA Document B132TM - 2009 (formerly B141 TMCMa-1982). Copydght ®1992 and 2009 by The American Institute of Architects. All dghis reserved. Init. WARNING: 7hla AIA° Document is protected by U.S. Copyright Law antl International Treaties. Unauthortzetl reprotluctlon or dlstdbulion of this AIA° 4 Document, or any portion of It, may result in severe civil and criminal penalties, and will be proseculetl to the maximum extent posslhle under the law. t Thls tlowmentwes produced by AIA software a117:23:34 on 02/24I2D12 under Order No.0297441676_7 which e~ires on 02/02/2013, antl is not for resale. Uaer Notea: (1649629250) § 1.1.13 Other Initial Information on which the Agreement is based: NA § 1,2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in That event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 .ARCHITECT'S RESPONSIBILITIES § 2.1 The Arcklitect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architectspracticing inthe same or similar locality under the same or similar circumstances. The Architect shall perform its servicesas expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall. provide its services in conjunction with the services of a Construction Manager as described in AIA DocumenbC132T"~2009, Standard Form of Agreement Between Owner and Construction Manager. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any :employment, interest or contribution that would reasonably appear to wmpromise the Architect's professional judgment with respect to this Project. § 2.6 The Ardritect shall maintain the following insurance for the duration of this Agreement. If any of the requvements set forth below exceed the types and 1 imits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost. § `2.6.1 Comprehensive General Liability with policy limits of not less than Two Million ($ 2,000,000.00 )for each occurrence and in the aggregate for bodily injury and property damage. 2.6.2 Automobile Liabil ity covering owned and rented vehicles operated by the Architect with policy limits of not less than One Million ($ 1,000,000:00) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Architect may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than ,(Amount required by state statute). -§ $.6.5 Professional Liability covering the Architect's negligent acts, errors and omissions in its performance of professional services with policy limits of not less than One Million ($ 1,000,000) per claim and in the aggregate. §.2.6.6 The Architect shall provide to the Owner certificates of insurance evidencing wmpliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary stmctural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. AIA Document B732TM - 2009 (fonnedy B147TMCMe -1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.3. Copydght Law and Inlemational Treaties. Unauthorized reprotluction or dlsldbution of this AIA° Document, or any portion o! it, may result In severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible under the law. 5 ) This document was produced by AIA sofhvare et 17:23:34 on 02/24!2072 under Order No.0297441978_7 which expires on 02/02/2013, and is not for resale. User Notes: (1649828250) § 3.7,7 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members ofthe Project team and report progress to the Owner. § 3.7,2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager and the Owner's other consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner, the Construction Manager, and the Owner's other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes awaze of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agcement, the Architect shall submit to the Owner and the Construction Manager a schedule ofthe Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owner's review, (2) for the Construction Manager's review, (3) for the performance ofthe Owner's wnsultants, and (4) for approval of submissions by authorities having jurisdiction over the Project. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. § 3.7.5 Once the Owner and the Architect ogee to the time limits established by the Project schedule, the Owner and the Architect shall not exceed them, except for reasonable cause. § 3,1.6 TYte Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance ofnon-conforming Work, made without the Architect's approval. § 3.1.7 The Ardhitect shall, at appropriate times, in wordination with the Construction Manager, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. Tn designing fire Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.7.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the progam and other information famished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation ofthe Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms ofthe other, to ascertain the requirements ofthe Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3,2.3 The Architcet shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner end Construction Manager alternative approaches to design and construction ofthe Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements ofthe Project. § 3.2.4 Based on the Project requirements ageed upon with the Owner, the Architect shall prepare and present to the Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and relationship ofthe Project wmponents. § 3.2.5 Based on the Owner's approval ofthe preliminary design, the Architect shall prepaze Schematic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall wnsist of drawings and other documents including a site plan, ifappropriate, and preliminary building plans, sections Init ~'~ °"°°°'°"' °' °`o' L°O' oermeny ewa •^cma -1a92), copyright ®1992 and 2009 by The American Insgtute of Amhiteck. All tights maerved. WARNING: This AIA Document is protected by U.S. Copydghl Law and International Treaties. Unauthorized reproduction or dlstdhullon of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, antl will be prosecuted to the maximum extent poaslhle under the law. s / Thls document was produced byAlA software el 17:23:34 on 02124/2012 under Order No.0297441676_1 which e~ims on 02/02/2013, end is not for resale. Ueer Notes: (1649629250) and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon adjustments to the Project's size, quality or budget, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the wnclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.2.8In the further development oftheDrawings and Specifications duringthis and subsequent phases ofdesign, the Architect shall be entitled to rely on the accuracy ofe estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.3 peaign Development Phase Services § 3.3.1' Based on the Owner's approval ofe Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review. The Design bevelopment bocuments shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development ofhe approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate.lhe Design Development Documents shall also include outline specifications that identify major materials. and systems and establish in. general their quality levels. § 3.3,2 Prior to the cenclusion ofe Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design bevelopment Documents. § 3.3.3 Upon receipt ofee Construction Manager's information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval ofe Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1.Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Arrdti[ect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist ofDrawingsand Specifications setting forth in detail the quality levels ofmaterials and systems and other requirements for the construction ofthe Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional informatioq including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. Init. AIA Document B132® - 2009 (FOmrerty B141 TMCMa -1992). Copynght ®1992 and 2009 by The Amedcan Ins9tule of Amhltecfs. All rights recervetl. WARNING: This AIA Document Is protectetl by U.S. Copyright Law and International Treaties. Unauthartzed reproduction or distribution ofthls AIA° 7 Document, or any portion of It, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. / Thls document was produced by AIA Software at 17:23:34 on 02124/2012 under Order No.0297441878 1 which expires on 02/02/2013, and is no[ for resale. User Notas: - (1649629250) § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 8.4.3 During the development ofthe Construction Documents, ifrequested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions ofthe Contract for Construction (General, Supplementary and other Conditions); and (4) compile a project manual that includes the Conditions ofthe Contract for Construction and may include bidding requirements and sample forms. §.3.4.4 Priocto the conclusion ofthe Construction Documents Phase, the Architect shall submit the Construction Documents to the Owher and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.5 Upon receipt ofthe Construction Manager's information and estimate at the conclusion ofthe Construction Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owner's approval of the ConsWction Documents. § 3;5 Bidding or Negotiation Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner's approval ofthe Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3).determining the successful bid or proposal, if any; and (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist The Owner and Construction Manager in bidding the Project by .1 facilitating fhe reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in apre-bid conference for prospective bidders, and .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations ofthe Bidding Documents in the form of addenda. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall consult with the Construction Manager and prepaze and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.,5.3.1 Proposal Documents shall censist of proposal requirements, and proposed Contrail Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by .1 facilitating the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion ofthe negotiation process; .2 participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors. § 3,5.3.3 The Architect shall consider requests for substitutions, ifthe Proposal Documents permit substitutions, and shall consult with the Construction Manager and prepaze and distribute addenda identifying approved substitutions to alCprospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration ofthe Contract between the Owner and the Contractor as set forth below and in AIA Document A232''°f-2009, General Conditions ofthe Contract for Construction, Construction Manager as Adviser Edition. If The Owner and Contractor modify AIA Document A232-2009, those modifications AIA Document B132i° - 2009 (formedy B741 TMCMa -1992). Copyright ®1892 and 2009 by The Amerlcen InsOlule of Architects. All righffi reserved. Init. WARNING: Thfa AIA° Document is protected by U.S. Copydghl Law and Intemalional Treaties. Unauthorized reproduction ortlistdbullon of this AIA° $ Document, or any ponlon of il, may result In severe civil and criminal penalties, and will 6e prosecuted to the maximum extent poasihle antler the law. / Thls document wes produced by AIA software et 17:23:34 on 02/24/2012 under Order No.0297441976 1 which e~ires on 02/02!2013, and is not for resale. Ueer Notes: (1649828250) shall not affect the Architect's services under this Agcement unless the Owner and the Architect amend this Agcement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Ageemenk The Architect shall not have control over, chazge of, or responsibility for the wnstruction means, methods, techniques, sequences or procedures, or for safety precautions and progams in.connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager, or the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on [he date the Architect issues the final Certificate for Payment. §.3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiaz with the progess and quality of the portion ofthe Work completed, and to determine, in general, ifthe 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 shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis ofthe site visits, the Architect shall keep the Owner reasonably informed about the progess and quality of the portion of the Work wmpleted, and report to the Owner and the Construction Manager (1) known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Arcatiitect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or wmpleted. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authoriTy shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractor through the Construction Manager. The Architect's response to such requests shall be made in writing within any time limits agced upon or otherwise with reasonable promptness. - § 3.6.2.4 Interpretations ahddecisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality;o either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contmct Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A232-2009, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3,6.3 Certificates for Payment to Contractor § `3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor's Application and Certificate for Payment that the Construction Manager has previously Init. AIA Document 8172® - 2009 (formedy B741TMCMa -1892). Copyright ®1992 end 2008 by The Amedcan Ins6lute of Architects. All dghb reaervetl. WARNING: Thle AIA Document N protectetl by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and erlminal penalties, and will be prosecuted to the maximum extent possible untlerlhe law. 9 / Thls documanlwas produced by AIA sofhvare at 17:23:34 on 02/24!2012 under Order No.0297441676 1 which egrlres on 02/02/2013, antl Is not for resale. Uaer Notes: - (1849629250) reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors' Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify The amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts. 3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner, based on (1) the Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor's Application for Payment or the data comprising the Project Application for Payment, and (3) the recemmendation of the Cobstruc[ion Manager, that, to the best of the Architect's knowledge, information and belief, the Work has progressed toe point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall 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 wnstmction 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) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval: The Architect's action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permitadequa[erevew. § 3.6.4.2 Tn accordance with the Architect-approved Project submittal schedule, and after the Construction Manager reviews, approves and transmits the submittals, the Architect shall 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. Review of such submittals is hotfor the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect'sreview shall not constitute approval of safety precautions or, unless otherwise speciScally 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. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certificationsby a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4. After receipt of the Construction Manager's recommendations, and subject to the provisions of Section 4.3, d1e Architect shall review and respond to requests for information about the Contract Documents. Tire Architect, in consultakion with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clazification and the nature of the clazification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with lDif. AIA Document 9132® - 2009 (formerly 8741 TMCMa -1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is prolectetl by U.3. Copyright Law antl Inlemational Treaties. Unauthorized reprotluctlon or tllstrlbulion o(lhis AIA° ~ () Document, or any portion of it, may resua In severe civil and criminal penalties, antl will be prosecutetl to the maximum extent poasihle under the law. / This document was produoad by AIA software at 17:23:34 on 02/24/2012 under Order No.o2 974 4 7 976_1 which expires on 02/02/2013, and is notfor resale. Uaer Notes: (7648629250) reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4,5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Constrmction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents: § 3.6.5.2 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contrail Sum or an extension ofthe Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 project Completion § 3.6.6.1 The Architect, assisted by the Construction Managey shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion prepazed by the ConsW ction Manager; receive from the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor; and, after receipt of a final Contractor's Applicaton and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6:2 The Architect's inspections shall be wnducted with the Owner and Construction Manager to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager and Contractor of Work to be completed or wrrected. § 3,6.6.3 When the Work is found to be substantially complete by the Construction Manager and Architect, and after certification by the Construction Manager. and the Architect, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but maybe required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Services ` Responeiltilily (Architect, Owner or Not Provided Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identi red below '4.1:7 pro "ammin pyyner .4.1.2 Multi'le relimin desi s Architect-Included 4.1.3 Measured dmwin s Architect-Included 4.1.4 Existin facilities curve s Architect-Included 4.1.5 Site evaluation and tannin B203TM-2007 NP 4.1.6 Huildin information modelin AIAD TM Np ocument B132 - 2009 (formedy 8741 TMCMe -1992). Copyri8ht ®7992 and 2009 by The American InsOtute of Architects. All rights reservetl. loft WARNING: Thla AIA° Document Is protected by U.B. Copyright Law antl International Trestles. Unauthorizetl reprotluction ortlistribution of thls AIA° 11 Document, or any portion of it. may result in severe clvll and criminal penalties, antl will be prosecuted to the maximum extent posaihle untlerthe law. / This document was produced by AIA software al 77:23:34 on 02/24f2012 under Order No.0297441676_7 which wrylres on 02/02/2013, and is not for resale. User NOtes: (1648629250) 4.1.7 Civil en 'Hearin Architect-Included 4.1.8 Landsca desi Architect-Included '4.1.9. Architectural interior desi 252T"r-200 Architect-Included 4.1:10: Value anal sis 204TH-200 Np 4.1:11 Detailed cost estimatin Np .4.1.12 On-site ro'ectre resentation B20'7rM-2008 Architect-Included :4.1.13 Conformed construction documents Np 4.1.14 As-desi ed record drawin s Architect-Included 4.1.15 As-constructed record drawin s Architect-Included 4.1.16 Post occu an evaluation Np ' 4.1.17 Facili su ortservices 210T"'-2007 Np 4.1.18 Tenant-related services pip :4.1.19 Coordination of Owner's consultants Np 4.1.20 Telecommumcafions/data desi X NP 4.1.21. Securi evaluation and ]armin 206Ta~2007 NP _4.1.22 Commissionin 211TH-2007 NP 4.1,23 Extensive environmentall res onsible desi NP 4.1.24 LEED certification B214TI"-2007 NP 4.1.25 Historic reservation B205TM-2007 NP § 4.1.26 Furniture, fiunishings, and equipment design 253T"~2007 Np § 4.2 Insert a description of each Additional Service designaked in Section 4.1 as the Architect's responsibility, ifnot fiufher described in an exhibit a0ached to this document. NA § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall eriUUethe Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon rebognizing the need to perform the following Additional Services, the Architect shall notify The Owner .with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial htformafion, previous instructions or recommendations given by the Construction Manager or The Ownar, or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, building systems, the Owner's schedule or budget for Cost of the Work, constructabilityeonsiderations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions aze required because the Constrmction Manager's estimate of the Cost ofUTe Work exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality ofmaterials, finishes or equipment; .3 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED certification; .4 Changing or edifing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner's other wnsultants or contractors; .6 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; Inlf. AIA Document B732® -2009(formerly B141TMCMa-1892). Copynaht®1992 and 20096y The American lnsOtute ofArchilects. All rights reserved. WARNING: This AIA Documerd Is protecletl by U.a. Copyright Law and Intemallonal Treaties. Unauthorized reproduction artllstribunon of this AIA® 12 Document, or any portion of It, may result In severe civil and criminal penellles, and will be prosecuted to the maximum extent possible under the law. / This document was protluced by AIA software at 17:23:34 on 02/24/2012 under Order No.0297441676_1 which expires on 02/02/2073, antl is not for resale. Uaer Notes: (1649628250) .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance aT, a public presentation, meeting or hearing; .9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .77 Consultation wncerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services aze not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the initial Project submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepazed in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractorprepazed coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instmments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner, Cons[mction Manager or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completioq identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional $ervices. When the limits below are reached, the Architect shall notify the Owner: .1 Three (3. .) reviews of each Shop Drawing, Product Data item, sample and similaz submittals of the ContractoY .2 Twenty-five (25) visits to the site by the Architect over the duration of the Project during construction .3 TWO (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Three (3) inspections for any portion of the Work to determine final completion § 4,3.4 L`the services covered by this Agreement have not been wmpleted within twelve (12) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner tegazding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives,achedule, constraints and criteria, including space requirements and relationships, flexibility, eicpandability; special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall famish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § -5.2 Tkie Owner shall retain a Construction Manager to provide services, duties and responsibilities asdescribed in AIA Document CI32-2009, Standazd Form of Agreement Between Owner and Construction Manager. The Owner shat I provide the Architect a copy of the executed agreement between the Owner and the Construction Manager, and any further modifications to the agreement. § 5.3 The Owner shall fiunish the services of a Construction Manager that shall be responsible for creating the overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds. AIA Document B132TM-2009 (formedy B741 TMCMa-7992). Copyright®1992 end 2009 by The Amedcen Ins0lute of Arohitects. All dghb reserved. Intt• WARNING: This AIA° Document is proteeted by tl.a. Copyright Law and Internallonal Treaties. Unauthorized reproduction ordistrlbullon of this AIA° 13 Document, or any portion of it, may reaua in severe civil and criminal penalties, and will be prosecuted to the maximum ezlent possible under the law. ) Thls document was produced by AIA software at 17:23:34 on 02/24/2012 under Order No.0297441876_1 which e~ires on 0 2102 /201 3, end Is not for resale. Uaer Notes: (1649629250) § 5,4 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other vests, and (3) reasonable contingencies Belated to all of these costs. The Owner shall furnish the services of a Construction Manager that shall be responsible ~. for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect and the Constmction Manager. The Owner and fhe Architect, in consultation with the Consnuction Manager, shall thereafter agree to a corresponding change in the Midget for the Cost of the Work or in the Project's scope and quality. § 5.4.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions ofthe Project affected by procuring or installing elements ofthe Project prior to the wmpletion of all relevant Construction Documents, and costs for the Contractor to remove and replace previously installed Work. Ifthe Owner selects accelerated, phased or fast-hack scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover, Such costs. § 5.5 77te Owner shall identify a representative authorized to act on the Owner's behalfwith respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderlyand sequential progress of the Architect's services. § 5.6 The Owner shall famish surveys to describe physical chazac[eristics,tegal ]imitations and utility locations for the site of the Project, aad a written 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 stmctures; 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 a Project benchrriazk. § 5.7 The Owner shall furnish services of geotechnical engineers, which may include but aze not limited to test borings, test pits, de[ermmations 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. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Ownet's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require That its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall famish tests, inspections and reports required bylaw or the Contract Documents, such as structural, mechanical, and ohemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall famish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including en•ors, omissions or inwnsistencies in the Architect's Instruments of Service. § b.12 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Constructon Manager, and shall contemporaneously provide the same communications to the Architect about matters azising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. AIA Document 8132TM - 2009 (formedy B741 TMCMa- 7992). Copyright ®1992 and 2009 by The American Insalute of Architects. All dghfs reserved. Inlt. WARNING: Thls AIA° Document is protected by U.S. Copydght Law and Internallonal Treaties. Unauthodzed reproduction or dlstrihmion of this AIA° Document, orany portion of lU may result In severe civil antl criminal penalties, and will be prosecuted to the mazlmum extent possible under the law. 14 / Thls document was produced by AIA software at 17:23:34 on 02/24/2012 under Order No.0297441876_7 which e~ires an 02/02/2013, and is not for resale. Ueer Notes: (1649629250) § 5.73 Before executing The Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services se[ forth in this Agreement. The Owner shall provide the Architect a copy ofthe executed agreement between the Owner and Contractor, including the General Conditions ofthe Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement ofthe Work and shall obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agrcement, the Cost ofthe Work shall be the total cost to the Owner to construct all elements ofthe Project designed or specified by the Architect and shall include the wntractors' general conditions costs, overhead and profit. The Cost ofthe Work includes the compensation ofthe Construction Manager and Construction Manager's consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost ofthe Work does not include The compensation ofthe Architect, the costs of the land, rights-of--way, financing, wntingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost ofthe Work is provided in Initial Information, and may be adjusted throughout the Project as requned under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost ofthe Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall requve the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and mazket conditions in estimates ofthe Cost of the Work. the Architect shall be entitled to rely on the accuracy and wmpleteness of estimates ofthe Cos[ ofthe Work the Construction Manager prepares as the Architect progresses with its Basic Services. 11te Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaceuraciesand inconsistencies noted during any such review. § 5.3.1 IftheArchitect is providing de[ailed cost estimating services as an Additional Service, and adiscrepancy exists between the ConstructionManager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. §' 6.4If, prior to the conclusion ofthe Design Development Phase, the Construction Manager's estimate ofthe Cost of the Work exceeds the Owner's budget for the Cost ofthe Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations tothe Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5Ifthe estimate ofthe Cost ofthe Work at the conclusion ofthe Design Development Phase exceeds the Owner's budget for the Cost ofthe Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager, revise the Project program, swpe, or quality as required to reduce the Cost ofthe Work; or .3 implement any other mutually acceptable alternative. § 6.6 Ifthe Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall inwrporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost ofthe Work at the conclusion ofthe Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification ofthe Construction Documents shall be the limit ofthe Architect's responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent wst estimates that exceed The Owner's budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. AIA Document B732TM-2009 (formady 8141TMCMe-1992). Capyri0hl ®1992 and 20119 by The American Ins6Wte oFArchltecls. All dghts reserved. IDIt. WARNING: This AIA° Document Is protected by U.S. Copyright Law and Inlematlonal Trestles. Unauthodzed reproduction or diatdbution of this AIA° 1$ Document, or any portion of 14 may reaua In severe civil antl criminal penalties, and will be prosecutetl to the maximum eaten[ possible under the law. / This Document was produced by AIA sofhvare el 17:23:34 on 02/2412012 under Order No.0297441976_7 which e~ires on 02/02!2013, antl Is not for resale. User Natea: (1649629250) ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting htstruments of Service, or any other information, the transmitting parry is the copyright owner of such information or has permission from the copyright owner to Transmit such information for its use on the Project. Ifthe Owner and Architect 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. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective .Instruments of Service, itcluding the Drawings and Specifications, and shall retain all wmmon law, statutory and other reserved rights, including wpyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similaz purposes in connection with the Project is not to be constmed as publication in derogation of the reserved rights of the Architect and the Architect's wnsultants. § 7.3 Upon execution ofthis Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to theProject, provided that the Owner substantiallyperforms its obligations, including promptpaymen[ of all sums when due; under this.Agrcement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Construction Manager, Subwntractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 in the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such. uses, The Owner, to the extent permitted bylaw, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms ofthis Section 7.3.1 shat l not apply if the Owner rightfully [enninates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agcement of the Architect. Any unauthorized use of the Instruments of Service shall be atthe Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they,may have to the proceeds of such insurance as set forth in AIA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, censttltants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses rewverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of IDIf AIA Document B732® - 2009 (formedy B141'aCMa -1992). Copyright ®1992 antl 2009 by Tha American InsOlute of Architects. All dghts reaervetl. WARNING: This AIA Document Ia protected by U.S. Copyright Law and Inlemational Treaties. Unauthorized reproduction or distribution ofthis AIA° 16 Document, or any portion of it, may result In severe civil antl criminal penalties, antl will be proseculetl to the maximum eaten[ possible under the law. / Thls document was produced by AIA software a117:23:34 on 02/24/2012 under Order No.0297441676_7 which erryires on 02/02/2073, and is not For resale. User Notea: (1649629250) the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out ofor relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages dgeYo either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out ofor related to this Agreement shall be subject to mediation as a cenditionprecedent to binding dispute resolution. If such matter relates to or is the subject of a lien azising out ofthe Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed .with the person or entity administering the mediation. The request may be made wncurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the pazties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agrceupon a schedule forlater proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall beheld in the place wherethe Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 82.4If the parties. do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate baz. Ij the Owner andArchitect do not select a method of binding dispute resolution below, or do no[ subsequently agree ~in writing to a binding dispute resa[ulion method other than litigation, the dispute will be resolved in a court ojcompetentjurisdiction.) [ X ] Litigation in a court of competent jurisdiction (Paragraphs deleted) ARTICLE 9 TERMINATION AR SUSPENSION § 9.7 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shat l give seven days' written notice to the Owner before suspending services. h7 the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9,2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. Inh. AIA Document 8732® - 2009 (fomredy B141T'"CMa -1882). Copyright ®1992 and 2009 by The American InsOtule of Architects. All dghts reaervetl. WARNING: Thla AIA Document is protected by U.B. Copyright Law and Internaaonal Treaties. Unauthorized roproduclfon or distribution of this AIA° 17 Document, or any portion of Il, may result In severe civil end criminal penalties, antl will he prosecuted to the maximum event possible under the law. / This document was producetl by AIA software at 17:23:34 an 02/24!2012 under Order No.0297447976 1 which e!¢Ires on 02/02/2013, and is nol for resale. User Notes: (1649629250) § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail Subgtantially to perform in accordance with the terms ofthis Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Terminaton Expenses as defined in Section 9.7: § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.6 The Owner's rights to use the Architect's instruments of Service in the event of a termination ofthis Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement 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 8.3. § 10.2 Terns in this Agreement shall have the same meaning as those in AIA Document A232-2009, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives tothis Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the leader agrees to,assume the Owner's rights and obligations under this Agreement. § 1D.4Ifthe Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior [o the requested dates of execution. If the Owner requests the Architect to execute wnsents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that aze consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would requve knowledge, services or responsibilities beyond the scope of this Agreement. § 70.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 70.6 Unless otherwiserequired inthis Agreement, the Architect shall have no responsibility for the discovery, prest:nce, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § -10.7 The Architectshall have the right to include photographic or arfistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the wmpleted Project to make such representations. However, the Archited's materials shall not include the Owner's confidential or proprietary information ifthe Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary,"the receiving party shall keep such informaton strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the wntent of such information in order to Init. AIA Document B732® - 2008 (fortnedy B141 ^'CMa -1992). Copyright ®1992 and 20W by The American InsOlute of Architects. All dghts reserved. WARNING: This AIA Document is protectetl by U.S. Copydght Law and Internaaonal ireaaes. Unauthodzed reproduction or tlls4ibutlon ofthis AIA® Document, or any portion of it, may resua in severe civil and criminal penalties, and will be prosecuted to the maximum extent posalble under the law. 18 / This tlocument was produced by AlA software x117:23:34 on 02124/2012 under Order No.0297441976 1 which e~ires on 02/02/2013, and is not for resale. User NOtea: (1649629250) perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall cempensate the Architect as follows: (insert amount of, or basis for, compensation.) .See Attachment'B' § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensa[iorL If necessary, list specific services to which particular methods of compensation apply.) NA § 11.3 For Additional Services that may arise during the course of the Project, including [hose under Section 4.3, the Owner shall compensate the Architect as follows: (laser[ amount of„or basis for, compensation.) To be determined by mutual agreement § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount: invoiced to the Architect plus zero percent 0 %), or as otherwise stated below: § 17.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost ofthe Work, the compensation for each phase of services shall be as follows: See Attachment 'B' (Tgble deleted) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may beproviding its services'in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation is based on a percentage ofthe Cost of the Work and any portions ofthe Project are deleted or otherwise not constructed, compensation for Those portions ofthe Project shall be payable to the extent services are performed on those portions, in accordance with the schedule se[ forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, of{2) ifno such bid or proposal is received, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's wnsultan[s, if any, aze set forth below. 'Ihe rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (!f applicable,. atfAch an exhibit of hourly billing rates or insert them below.) To be determined by mutual agreement ;(Table deleted) § 17.8 Compensation for Reimbursable Expenses § 71.8.7 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of--town travel and subsistence; .2 Long distance services, dedicated data and wmmunicafion services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; InIL AIA Document B132® - 2009 (formedy 6747 °1CMa-7992). Copyright ®7992 and 2009 by The Amedcan InsgWte of Architects. All dghta mserved. WARNING: This AIA Document Is protected by U.9. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution ofthis AIA° 19 Document, or any portion of it, may result In severe civil antl criminal panaltiea, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 77:23:34 on 02/24/2012 under Ober No.0297441 e76 1 which e74rlres on 02/02/2013, and Is not (or resale. User NOlea: (1649629250) .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits ifthe Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants-plus zero percent (0 %) of the expenses incurred. §.11.9 Compensation far Uae of Architect's Instruments of Service If the Owner terminates The Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes ofcompleting, using and maintainingthe Project as follows: To be determined by mutual agreement § 71.10 Payments to the Architect § :11.10.1 An initial payment of zero ($ 0) shall be made upon execution of this Agrcement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shat l be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid sixty (60 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof a[ the legal rate prevailing from time to time at the principal place of business of the Architect. (/assert rate of morahly or annual interest agreed upon) ~. 12. %peryear § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless The Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.70.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement aze as follows: NA ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral This Agreement maybe amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B132*"' 2009, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition .2 (Paragraphs deleted) Other documents: Intl AIA Document et32®• -2009 (tormedy et47 ^"CMa-7992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reaervetl. WARNING: Thie AIA Document is protectetl by U.S. Copydght Law and International Trestles. Unauthodzetl reprotluetion or distribution of this AIA°tD Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecutetl to the maximum extent possible underthe law. / This document was produced by AIA software al 17:23:34 on 02/24/2012 under Order No.02974411i78_1 which wryires on 02/02/2013, and is not for resale. User Notes: (1849829250) (List other documents, if any, includingadditianalscopesofserviceformingpartoftheAgreement) Attachment 'A' Attarfiment 'B' This Agreement is entered into as of the day and year first writ ~ ~,~ ~, 0O R (~ Attest: ~'' ' ` "`\ /1 ~ r rA ~}_ ~/le TAEtE Purchasing Department Appr 1 By: Keith alts, Purchasing Manager Department Approval BY~ ~\I~(L Name: 'III ~i/""Y V~ Hate: ~ /Z Title: ~yptz.~~ ~,7ft,IClA1r~l>fu-~ Date: 7~-~~/`-_1']i- 1 IDit AIA Document a132® -2009(fonnedy n141TMCMe-79821. Copydghl®1992 and 2009 by The American lnstiWte of Architects. All dghta reserved. WARNING: This AIA Document Is protectetl by U.S. Copydght Lew and International Treaties. Unauthorized reproducllon or dlstdbutfon of this AIA° 21 Document, or any portion of It, may result in severe clvll and criminal penallles, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software al 17:23:34 on 02/24/2012 under Order No.02g7441876_1 which expires on O&02/2013, and Is not for resale. User Notes: (1849629250) Dana I{auffman, Principal (Printed name and title) Attachment A SCOPE OF SERVICES REFER TO REQUEST FOR QUALIFICATIONS PKS-11-10124.2 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS; PROPOSAL FROM INSIGHT ARCHITECTS, p.a DATED August 25, 2011 and REVISED FEE SCHEDULE DATED October 5, 2011. Scope of Work (from RFQ) 1. Public Involvement The consultant will conducUparticipate in up to 4 (four) public meetings (City Council, Parks and Recreation Commission, and Public as needed) during the project to gather stakeholder input that will help steer the design. The consultant will prepare and provide design presentation graphics for these meetings. 2. SurveylEnvironmental Assessment The consultant will provide a topographical survey and a utility locations map. The consultant will further provide geotechnical testing and assessment of the proposed building locations to provide information regarding soil structure to be utilized in design details. Due to potential flood plain issues, the consultant will coordinate with the City's public works department to address and resolve any conflicts. Should a floodplain application be required, the consultant will prepare and provide documentation to gain approval of the application including payment of any application fees. The consultant will also prepare and gain approval of a Storm Water Pollution Prevention Plan (SWPPP) for the project. 3. Facility Design The consultant will lead City staff thru the design development process by preparing concept plans, site plans, building elevations and preliminary cost estimates. The consultant will then prepare and provide construction documents, including details and specifications for the construction of a 4,500 +/- sq. ft. building. This building will house administrative offices, training room, break room and three separate shop spaces. There will be a separate warehouse type building for storage of equipment Parks Maintenance Facility Design - PQ5! I of ,i. Project No. 10124.2 and consumables and enough covered parking for 20+/-vehicles. The design of the building will give staff/visitors a sense of place and have environmentally friendly features. Landscape Architecture services will be required for landscape buffers to meet current code. 4. Cost Estimates The consultant will generate cost estimates including a preliminary design cost for budgeting purposes, followed by a construction cost estimate, scope of work and a bid schedule for the bidding process. 5. Project Coordination Coordinate with Nampa Meridian Irrigation District, ADA County Highway District, federal and state agencies, the City's floodplain manager and the City's planning and development services departments to ensure a mutually agreeable design. 6. Deliverables A. Presentation design graphics for public meetings. B. Preliminary design cost estimates for budgeting purposes. C. Building construction drawings and specifications reviewed and approved by City's development services department, ACHD and DEQ. D. Topographical map and utility locations map. E. Construction cost estimate. F. Scope of work for inclusion inbid documents. G. Bid schedule for inclusion in bid documents. H. Approved floodplain application. I. Approved Stormwater Pollution Prevention Plan. J. Certificate of Zoning Compliance (CZC). Parks Maintenance Facility Design - ~~~ ~_ ~ ! f a Protect No. 10124.2 Attachment B Payment Schedule Parks Maintenance Facility Design Project No. 10124.2 Total and complete compensation for this Agreement shall not exceed $ 110,290.00 inclusive of all fees, sub-consultants, and expenses through completion of the construction project. All fees are per the revised fee proposal dated October 5, 2011. TASK DESCRIPTION AMOUNT A Preliminary Site & Building Design $ 15,730.00 B Design Development 14,915.00 C Construction Documents 40,360.00 D Bidding Assistance 5,250.00 E Construction Observation Services 19,020.00 Base Design Consulting Fees $ 95,275.00 F Miscellaneous Reimbursable Fees (with Actual Receipts) $ 15,015.00 TOTAL $710,290.00 Travel expenses (only if specifically listed above) will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Page 1 of 1 Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: $p PROJECT NUMBER: ITEM TITLE: Award of RFP and Agreement to Kreizenbeck Constructors for Construction Management Services for the Not-To-Exceed Amount of 5.25% of the Construction Cost Estimated at $1,300,000.00 Plus Direct Reimbursable Expenses MEETING NOTES Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Mike Barton, Steve Siddoway Date: 2/23/12 Re: February 28 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 28'~ City Council Agenda under Parks Department Report. Mike Barton is in agreement with this request. Approval of AIA Standard Form Agreement for Construction Management Services and attached Citv of Meridian Supplementary Conditions for a Parks Maintenance Facility per RFP #PKS-12-12124.3A. This Agreement is the result of formal RFP #PKS-12-12124.3A. Eight proposals were received and evaluated. Recommended Council Action: Approval of Agreement for the Not-To-Exceed amount of 5.25% of the construction cost estimated at 7,300,000.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 T f_y I Document C132TN - 2009 Standard Form of Agreement Between Owner and Construction Manager as Adviser AGREEMENT made as oftheFourteenth day of February in the year'I\vo Thousand Twelve ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added informatlon needed far Its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original AIA standard form. An Addltfons and City of Meridian Deletions Report that notes added 33 East Broadway Avenue informatlon as well as revisions tofhe Meridian, Idaho 83642 standard form text is available from Telephone Number: 208-888.4433 the author and should be reviewed, A Fax Number: 208-887-4813 vertical line in the left margin of this document Indicates where the author has added necessary Information and the Construction Manager: and where the author has added to or (Name, legal status, address and other information) deleted from the original AIA text. I{reizenbeck, LLC dba I{reizenbeck Constructors This document has Important legal 11724 West Executive Drive consequences. Consultation with an Boise, Idaho 83713 attorney Is encouraged with respect Telephone Number: 208-336-9500 to Its completion or modification. Fax Number: 208-336-7444 This document is intended to be used in conjunction with AIA Documents for the following Project: A132Ta-2009, Standard Form of (Name, location and detailed description) Agreement Between owner and Contractor, Construction Manager as Meridian Parks Maintenance Facility AdNser Edition; A232T'"-2009, Northeast corner of Locust Grove Road and Lanark Street general conditions of the contract Construction of 4,500 +/-square foot building and shops. This building will house for Construction, Construction administrative offices, training room, locker room, community office, and three separate Manager as Adviser Edition; and shop spaces. A sepazate warehouse building for storage of equipment and consumables. 13132T"'-2009, standard Form of Covered parking for 20 +/- vehicles with a wash rack. Site improvements, including Agreement Between owner and grading and drainage, parking, irrigation, and landscaping. Architect, Construction Manager es Adviser Edltlon. The Architect: AIA Document A232T"-2009 Is (Name, legal status, address and other Information) adopted in this document by reference. Do not use with other Insight Architects, P.A. general conditions unless this 2238 Broadway Avenue document Is modified. Boise, Idaho 83706 Telephone Number: 208-338-9080 Fax Number: 208-338-9067 The Owner and Construction Manager agree as follows. AIA Document C732Tx-2009 fformerly B901T°CMa-1992). Copyright01973,1980, 1882 entl 2009 by The American lnsOlule of Architects. All rights Init. reserved. WARNING: Thl9 AIAe Document la protected by U.S. Copyrtght Lawand Intematlonal Treaties. Unauthorizetl reproducllon ortlletrtbution of ~ this AIA' Document, orany portion of It, may reaua In severe clvll end cdminal penelllee, end will he proaeeutetl to the maximum extent posalble under t the law. This documentwas produced by AIA software at 09:52:49 on 02/22/2012 under Order No.5907428000_7 which expires on 01/17/2013, end Is not for resale. User Notes: (1803179314) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIALTERMSANDCONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Nate the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time ofexecution" or "to be determined later by mutual agreemenK') § 1.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed) Unknown at time of execution § 1.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or otherpertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability ofpublic andprivate utilities and services; legal description of the site; etc.) The project is located on 6.11 acres at the northeast corner of Locust Grove Road and Lanark Street; Ada County Assessor's Parcel #S1108336013 § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) $1,500,000.00 § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: Unlalovvn at time of execution .2 Commencement of construction: AIA Document C132T" - 2009 lortnerly B801 *aCMa -1892). Copyrlght m 1973, 1890,1992 and 20D9 by The American Instltute of Arohilecls. All rights Init. reserved. WARNING: This AIA` Document la protected by U.S. Copyrlght Lew and International Trestles. Unauthorized reproduction or dlalrtbutlon of 2 this AIA° Document, orany portion of It, may result In severe civil and crtminal penaltlea,and will be proaecutetl to the maximum extent poeslble under t the law. This document was producetl by AIA sollware et 08:52:48 an 02!22/2012 under Order No.5907428800_i which expires on 01/17/2013, end is nolior resale. User Notes: (1903179314) Unknown at time of execution .3 Substantial Completion date or milestone dates: Ufilmown at time of execution .4 Other: § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid, negotiated Contract or multiple Prime Contracts.) Competitive Bid -Multiple Prime Contracts § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased construction are set forth below: (List number and type of bid/procurementpackages.) Fast track or phased construction is not anticipated § 7.1.7 Other Project information: (Identify special characteristics or needs of the Project notpravided elsewhere, such as errvironmentally responsible design or historic preservation requirements.) § 1.1.8 The Owner idenfifies the following representative in accordance with Section 5.5: (List name, address and other information.) Keith Watts, Purchasing Manager Or Ted Baird, Deputy City Attorney 33 East Broadway Avenue Meridian, Idaho 83642 Telephone Number: 208-888-4433 Fax Number: 208-887-4813 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner areas follows: (List name, address arrd other informaHon.) Insight Architects, P.a. 2238 Broadway Avenue Boise, Idaho 83706 Telephone Number: 208-338-9080 Fax Number: 208-338-9067 § 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and contractors: (List name, legal status, address and other information.) .1 Land Surveyor: *As necessary Init. AIA Document C732T"-2009 `formerly Ba07 TMCMa-1992). Copyright®1973, 1980, 1892 and 2008 by The American InsBtute of Architects. All rights reserved. WARNING: 7hla AIA Document la protected by U.S. Copyright Law and International Treatise. Unauthodzetl reproduction or dlatdbuaan of 3 this AIA° Document, oreny portion of k, may result In severe civil entl cdminal penalties,entl will be prosecuted to the maximum extent poaslble antler ) the law. This document was produced by AIA software et 09:52:48 on 02/22/2012 under Order No.5907420800_1 which expires on 01/17/2073, end Is not for resale. User Notes: (1903776314) .2 Geotechnical Engineer: *As necessary .3 Civil Engineer: *As necessazy .4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manager, or construch'on contractor.) *As necessary *The Owner agrees to require it's wnsultants to wordinate all work efforts through the Architect. The Architect shall be responsible to incorporate all of the Owner's consultants work efforts into a complete set of construction documents to be used for permitting, bidding and construction purposes. § 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information.) Michael J. Berard 11724 West Executive Drive Boise, Idaho 83713 Telephone Number: 208-336-9500 Fax Number: 208-336-7444 Mobile Number: 208-941-3199 Email Address: mberazd@kreizenbeck.com § 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include: (List any specific requirements and personnel to be included in the stajng plan, ifknown.) Project Superintendent § 1.1.13 The Construction Manager's consultants retained under Basic Services, if any: Cost Estimator: (List ttame, legal status, address and other information.) .2 Other consultants: AIA Document C732T"-2009 (formerty B901 T"CMa-1992). Copyright®7873,1800, 1982 end 2008 by Tha American institute of Architects. All rights Init. reserved. WARNING: 7h19 AIAe Document le protected by U.S. Copydght Lew and Intarnatlonel Treatlea. Uneuthodzed reproduction ordieldbutlon of 4 this AIA° Document, or any portion of k, may result In severe cIvII end cdminal penaltlea,end will be prosecutetl to the maximum extent poaslble under t the law. This document was produced by AIA software at 08:52:10 on 02/22/2012 under Order No.5907429900_1 which expires an 01/17/2013, antl Is not for resale. User Notes: (1803170314) First Link, Inc. 4304 West Emerald Boise, Idaho 83706 Telephone Number: 208-941-6818 Fax Number: 208-384-9039 § 1.1.14 The Construction Manager's consultants retained under Additional Services: § 1.1.15 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Constucfion Manager shall appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's compensation. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress ofthe Project. § 2.3 The Constmctioli Manager shall provide its services in conjunction with the services of an Architect as described inAIADocumentB132rM 2009,StandazdFormofAgreementBetweenOwnerandArchitect,ConstructionManager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project. § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set firth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than Two Million Dollars and Zero Cents ($ 2,000,000.00) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Constmction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ). AIA Document C732Ta-2009 formerly 6601*"CMa-1992). Copyright07973,1980, 1992 and 2009 by Tha American institute of Architects. All rights Init. reserved. WARNING: Thla AIA Document la protected by U.S. Copyright Lew and International Treaties. Unauthorized reprotluc0on or tllatdbutlon of this AIA° Document, or any portion of It, may result In severe civil end criminal penalllea, and will be prosecuted to the maximum extent possible under / the law. This document wasproriuced by AIA sotlwarc at 00:52:48 on 0 2 /2 212 0 12 under Order No.5907428800 1 which expires on 01/17/2013, and Is not for resale, User Notes: (1903178314) § 2.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its performance of services with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) per claim and in the aggregate. § 2.6.6 The Construction Manager shall provide to the Owner certificates ofinsurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling, conshuctabilityrsview, cost estimating, and allocation of construction activities among the Multiple Prime Contractors. § 3.2 Preconstruction Phase § 3.2,7 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation ofthe Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work, if multiple Contractors or fast-track wnstruction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepazepreliminazy estimates ofthe Cost ofthe Work or the cost ofprogram requirements using azea, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. )f the Architect suggests alternative materials and systems, the Construction Manager shall provide wst evaluations of those alternative materials and systems and may also provide its own suggestions. § 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requvements for procurement, installation and construction, and factors related to consttucfion cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner amsultants' services, and the Owner's responsibilities and highlight items that could affect the Project's timely completion. § 3.2.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Constmction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement. The Constrnction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Cost of the Work may exceed the Owner's budget and make recommendations for corrective action. AIA Document C132Te-2008 formerly 8801 }MCMa-1892). Copyright01973,1880, 1892 end 2008 by The American Institute of Architects. All rlghta Init. reserved. WARNING: This AIA Document la protected by U.S. Copydght Lewand Intematlonel Treatise. Unauthorized reproducaon or dlatdbutlon of thla AIA° Document, oreny portion of It, may result In severe civil antl cdminal penaltlea,end will be prosecuted to the maximum extenlpoealble antler / the law. This document wesprodaced by AIA software et 08:52:48 on 02/22/2012 under Order No.5907428800_1 which expires on 01/17/2013, end is notfor resale. User Notes: (1803178314) § 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the constmction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that design details adversely affect constructability, cost or schedules. § 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.11 The Construction Manager shall provide recommendations tothe Owner on the division of the Project into individual Contracts for the construction of various categories of Work, including the method to be used for selecting Contmctors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. § 3.2.12 The Construction Manager shall, update the Project schedule to include the components of the Work, including phasing of constmction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered well in advance of construction, and the occupancy requirements ofthe Owner. § 3.2.13 The constmction Manager shall expedite and wordinate the ordering and delivery of materials, including those that must be ordered well in advance of construction. § 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and for quasi governmental authorities for inclusion in the Contract Documents. § 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. § 3.2.19 The constmction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of bidding documents. The Constructon Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The constmction Manager shall receive bids, prepare bid analyses and make recommendations tothe Owner for the Owner's award of Contracts or rejection of bids. § 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. AIA Document Cf 32*"- 2009 formerly Ba01'aCMa- 7882). Copydght ®1873, 1880,1882 end 2008 by The American InslituU of Architects. All rlghta Init. reserved. WARNING: Thla AIA Document la protected by U.S. Copydght Lew and International Treaties. Uneuthodzed reproduction or dlatrtbutlon of 7 this AIA® Document, or any portion of a, may result In severe civil entl cdminal penalties, entl will he prosecuted to the maximum extent possible under I the law. This document wes produced by AIA software et OB:52:4a on 02!22/2072 under Order Nc.580742990g_7 which expires on 01/17/2013, end is not for resale. User Notes: (1803178314) § 3.2,22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Multiple Prime Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents requred for the approvals of governmental authorities having jurisdiction over the Project. § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3, the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.3 The Construction Manager shall provide on-site adminisfraflon of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232Ta~2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Constmction Manager shall coordinate the acfivities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Project schedule, inwrporathig the activities of the Owner, Architect, and Multiple Prime Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. ff an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors. § 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and coordinate the sequence of constnrction and assignrrtent of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requvements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor ifthere are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. AIA Document C732'"'- 2009 formerly B807 T'"CMa-1992). Copyrlghl ®1973, 1980, 1992 end 2009 by The American Institute of Architects. All fights Init. reserved. WARNING: Thla AIA Document la protected by U.S. Copydght Law and Intemalional Trestles. Uneuthodzsd reproduction or diatdhutlon of this AIA° Document, or any portion of It, may result In severe clvll and cdminal penalties, antl will be prosecuted to the maximum extent posalble antler / the law, Thls document was produced by AIA software al OB:52:48 on 02/22/2012 under Order No.5907428800_i which expires on 01/17/2013, end Is not for resale. User NOtea: (1803178314) § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Constmction Manager receives each Contractor's Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors' Applications for Payment by summarizing information from each Contractor's Application for Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best ofthe Construction Manager's knowledge, information and belied the Worlchas progressed to the point indicated and 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 Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager 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 for the Contractor's own Work, 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) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations tothe Owner for any safety programs not included in the Work of the Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to dvect control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the AIA Document C732*^' - 2009 formerly B901 `"CNIa-1992). Copyright ®1973, 1930, 1992 and 2009 by The American Insetule of Amhitects. All dghts Init, reserved. WARNING: Thla AIA6 Document la protected by U.S. Copydght Law and Internatlanal Trealles. Unauthorizetl reproduction or dlatdbullon of this AIA° Document, or any portion of It, may resuR In severe clvll and cdminal penalties, and will be prosecuted to the maximum extent possible under ) the law. This document was produced by AIA software at 09:52:48 on 02/22/2012 under Order No.5907429900 1 which expires an 01/17/2013, and is not for resale. User Notes: (1903178314) Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Constmction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Cons1 ruction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have wntrol over, charge of, or responsibility for the wnstruc[ion means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contrail Documents. The Construction Manager shall be responsible for the Construction Manager's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information of the meaning and intent ofthe Drawings and Specifications with its written recommendation, and assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall reviewrequests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construcfion Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 43.1.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager's actions shall betaken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect. § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of wmpletion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Multiple Prime Contractors' Applications for Payment; AIA Document C132r"-2009 formerly Ba01T"CMa-1882). Copyright®1873,1800, 1882 end 2009 by Tha American lnstitule aFAmhitects. All rights Init. reserved. WARNING: Thls AIA Document Is protected by U.S. Copydeht Lew and Intematlonal Trestles. Unauthodzed reprotluctlon or dlaldbutlon of 10 thle AIA° Document, or any portion of It, may result In severe clvll antl cdminal penaltlee, antl will he prosecuted to the maximum extent possihle antler y the law. This document was produced by AIA aaflware et 00:52:48 on 02!22/2012 under Order No.5807420800_1 which expires on 01/17!2013, and Is not for resale. User Notes: (1803170314) .9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation and reimbursable expenses at the job site, if any; .10Any other items the Owner may require: § 3.3.20.21n addition, for Projects constructed on the basis, of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractor's work force report; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: § 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during wnstruction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, ofprincipal building layout lines, elevations ofthe bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon wmpletion of the Project, shall deliver them to the Owner. § 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner-purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is substantially wmplete, the Construction Manager shall, jointly with the Contractor, prepaze for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in wnducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager shall coordinate the wn•ection and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations tothe Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similaz submittals. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. AIA Document C132*"-2009 formerly Ba01T"CMa-1992). Copyright®1973,1990, 1992 and 2009 by The American Institute of Architects. All rights Init. resarvatl. WARNING: This AIA Document Is protected by U.S. Copyright Lew antl Internaticnal Trestles. Unauthorized roproductlon or dletributlon of 11 this AIAe Document, or any portion of h, may reaun In severe clvli end cdminal panaltlea, end will be prosecutetl to the maximum extent po9slble antler / the law. This document was produced by AIA software et 09:52:48 on 02/22/2012 under Order No.590742B000_7 which expires on 01/17!2013, and is not for resale. User Notes: (1903170314) § 3.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent ofthe Owner, Construction Manager, Architect, Contractor and Multiple Prime Contractors. Consent shall not be unreasonably withheld. § 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Constmction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Hasic Services but may be required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. (Designate the Additional Services the Construction Manager shall provide in the second column of the table below. In the thirdcolumn indicate whether the service description is located in Section 4.2 ar in an attached exhibit. If in an exhibit, ident~ the exhibit.) Services Responsibility (Construch'on Manager, Owner or NoiProvided Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identi edbelow) 4.1.1 Measured dmwin s Not Provided § 4.1.2 Architectural interior design (B252T"r-2007) Not Provided 4.1.3 Tenant-related services Not Provided 4.1.4 Commissionin 211T"'-2007 Not Provided 4.1.5 LEED certification 214T"'-200 -Not Provided § 4.1.6 Fumittue, furnishings, and equipment design (B253TM11-2007) Not Provided § 4.2 Insert a description of each Additional Service designated in Section 4.1, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except for services required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.3 shall entitle the Constmction Manager to compensation pursuant to Section 11.3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services until the Constmction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date ofthis Agreement; .3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .4 Preparation for, and attendance at, a public presentation, meeting or hearing; .5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Constmction Manager is party thereto; .6 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and fiunishing services required in connection with the replacement of such Work; .7 Assistance to the Initial Decision Maker, if other than the Architect; or AIA Document C732T"' - 2009 /Iformerly B901 T•CMa - 7992). Copyright m 1973, 1980, 1982 end 2009 by The American Ins9tute of Architects. All rights Inrt• reserved. WARNING: Thla AIAb Document la protected by V.S. Copydght Lew end International Treatise. Unauthodzed reproduction or dlalrlbutlon of 12 this AIA® Document, or any portion of It, may result lnssvere civil and cdminal peneltlea, entl will he prosecuted to the maximum extent poealble antler i the law. This Document was produced by AIA ac(tware at 06:52;49 on 02/22/2012 under Order No.5807428800_1 which expires on 01!17!2013, and is notfmr resale. User NOtea: (1803179314) .8 Service as the Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or pazts of those services are not required, the Owner shall give prompt written notice to the Constmdion Manager, and the Owner shall have no further obligation to compensate the Construction Manager for those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Architect is serving as the Initial Decision Maker. .2 To the extent the Constmction Manager's Basic Services are affected, providing Constmction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. .3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.13. § 4.3.3 If the services covered by this Agreement have not been completed within Sixteen (16) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.7 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regazding requirements for and limitations on the Project, including the Owner's program, other objectives, schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written request from the Constmction Manager, the Owner shall famish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost ofhe Work or in the Project's scope and quality. § 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities asdescribed in AIA Document B132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless provided by the Construction Manager, the Owner shall famish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written 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, boundazies 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 a Project benchmark. AIA Document C132Ta-2008 formerly B801T"CMa-1992). Copyright ®7873,1880, 1982 and 2009 by The American InsOtute of Architects. All rights Init. reserved. WARNING: This AIAt Document Is protected by U.B. Copydght Law end Intematlonel Trestles. Unauthodzetl repraductlon or tllatdbutlon of 13 this AIA® Document, or any portion of It, may result In severs civil end cdminel penalties, entl will he prosecuted to the maximum extent poselble under ) the law. This documentwes produced by AIA software at 08:52:48 on 02/22/2012 under Order No.6907428000_1 which expires an 01/17/2013, and Is not for resale. User Notes: (1903178314) § 5.7 Unless provided by the Construction Manager, the Owner shall famish 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. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish espies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall requee that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall famish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall famish all legal, insurance and accounting services, including auditing services, that maybe reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written nofice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, including enors, omissions or inconsistencies in the Architect's instruments of Service or any fault or defect in the Construction Manager's services. § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.13 Except as otherwise provided in this Agreement, or when direct commmricafions have been specially authorized, the Owner shall endeavor to wmmunicate with the Contractor and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shallprompdynotifythe Constmction Manager ofany direct communications thatmay affect the Construction Manager's services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Constmction Manager's duties and responsibilities set forth in the Contract For Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the ConstmcGon Manager access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the wmpensation ofthe Construction Manager and Construction Manager's Consultants during the Constmcton Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of--way, financing, contingencies for changes in the Work or other vests that are the responsibility of the Owner. § 8.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the AIA Document C732T"-2008 formerly B901'"CMa-1992). Copyright ®1873, 1800, 1882 and 2009 by The American Institute oFArchitects. All rights Init, reserved. WARNING: This AIA` Document Is protected by U.S. Copyright Lawand International 7reatlea. Unauthodzatl reproduction or tllatdbutlon of ,14 this AIA° Document, or any portion of It, may result In severe civil end edminal penalties, end will be prosecuted to the mazlmum extent poaslble antler / the law. This document was produced by AIA software at 08:52:48 on 02/22/2012 under Order No.5907428800_1 which expires on 01/17/2013, end Is not for resale. User Notes: (1903170314) Construction Manager's judgment as a person or entity familiar with the construction industry It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over cempetitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Constmdion Manager. § 8.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Constructon Manager, in consultaton with the Architect, shall make appropriate recommendations tothe Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager's consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Construction Manager 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. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Constmction Manager waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009, General Condifions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall requ've of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. AIA Document C732*"-2008 formerly B001 T"'CMa-7982). COpyright01873,1800, 1992 and 2009 by The American lnsOtule of Archllecls. All rights Init. reserved. WARNING: This AIA` Document la protected by U.S. Copyright Lew and Intematlonal Trestles. Unauthortzed reproduction or dlatrtbullon of 15 this AIA° Document, orany portion of It, may result In severe civil and crtminal penalties, and will ba proseeutetl to the maximum extent poealble under ~ the law. This document was producetl by AlA soflwarc et 00:52:48 on 02/22!2012 under Order No.5907420000_1 which expires on 01/17M013, end is notfor resale. User Notes: (1903178314) § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Construction Manager's services, the Construction Manager may proceed in acwrdance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Constmction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date ofthe Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this secfion, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resoluh'an below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court ofcampetentjurisdiction.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Spec fy) § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement 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 this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 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, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, andjudgment may be entered upon it in accordance with applicable law in any court havingjurisdiction thereof. AIA Document C132T"-2009 /rarmerly a801 T"CMa-1982). Copyrighl®1873,1880, 1882 end 2009 by The Amedcan institute oFArchitects. All rlghta Init. reserved. WARNING: Thla AIAe Document 19 protected by U.S. Copyright Lawend Internatlanal Treatlea. Unauthodzetl reproduction ordlatdbutlon of 16 lhla AIA° Document, or eny portion of k, may result In severe civil end criminal penalties, end will be prosecuted to the maximum extent poselble under t the law. This document was protlucad by AIA software e108:62:48 on 02/22/2012 under Order No.5907428800_7 which expires on 01/1712013, end is not for resale. User Notes: (1803178314) § 8.3.4 Consolidation or Joinder § 8.3.4.7 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). § 8.3.4.2 Either pazty, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is requved 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 constttute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and wnsolidation as the Owner and Construction Manager under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms ofthis Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's wnvenience and without cause. § 9.6 Itt the event of termination not the fault of the Construction Manager, the Construction Manager shat] be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses aze in addition to wmpensation for the Constmction Manager's services and include expenses directly attributable to termination for which the Construction Manager is not otherwise compensated, plus an amount for the Construction Manager's anticipated profit on the value of the services not performed by the Construction Manager, as set forth below. § 9.7.7 Irt the event of termination for the Owner's convenience prior to commencement of construction, the Construction Manager shall be entitled to receive payment for services performed, costs incurred by reason of such termination and reasonable overhead and profit on Preconstructionsarvices not completed during the Preconstruction Phase. AIA Document C132*"-2009 formerly B801T"CMa-1992). Copyright01973,1980, 1992 and 2009 by The American lnsOlute of Arohltects. All rights Init. naervetl. WARNING: This AIA` Document Is protected by U.S. Copyright Law entl Intematlonal Trestles. Unauthorized reproduction ar tlistdbutlon of .17 this AIA° Document, or any poRlon of It, may result In severe civil and cdminal penalties, and will be prosecuted to the maximum extent posalble antler ) the law. This document was protluced 6y AIA software at 08:52:40 on 02/22!2012 under Order No.fi907428800 1 which expires on 01/17/2013, end Is notior resale. User Notes: (1903178314) § 9.7.2 It1 the event of termination for the Owner's convenience after commencement of construction, the Construction Manager shall be entitled to receive payment for services performed and costs intoned by reason of such termination, along with reasonable overhead and profit on services not completed during the Construction Phase. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Ageement 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 8.3. § 10.2 Terms in this Ageement shall have the same meaning as those in AiA Document A232-2009, General Conditions of the Contract for Construction, except for purposes of this Ageement, the term "Work" shall include the work of all Contractors under the administration of the Construction Manager. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives tothis Ageement. Neither the Owner nor the Construction Manager shall assign this Ageement without the written consent of the other, except that the Owner may assign this Ageement to a lender providing financing for the Project if the lender ogees to assume the Owner's rights and obligations under this Ageement. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute wnsents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained h7 this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Ageement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Constrrnction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager's materials shall not include the Owner's confidential or proprietary information ifthe Owner has previously advised the Construction Manager in writing ofthe specific information considered by the Owner to be confidential or proprietazy. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project, § 10.8 If the Construction Manager or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstrudion Phase Services in Section 3.2: (Insert amount af, or basisfor, compensation, including stipulated sums, multiples or percentages.) 20% of Total Fee as Identified in Article 11.1.2 AIA Document C732TM- 2009 formerly Ba01TMCMa - 7992). Copyright ®1873, 1980, 1992 end 2009 by The American Institute of Architects. All rights Inlt, reservetl. WARNING: This AIA Document Is protected by U.S. Copyright Law end Inlernatlonel Treatise. Unauthorized reproduction or dlstdbutlon of 18 this AIA° Document, orany portion of It, may result In severe civil and edminal penalties, and will be prosecuted to the maximum extent possible under t the law. Thla document was produced by AIA software et 09:52:48 on 02/22/2012 under Ober N°.5907425900_1 which expires on 01/17/2013, and Is nol for resale. User Notes: (1903179314) § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) Construction Management Fee is 5.25% of the total construction cost (this fee will become fixed when the design program and initial estimate have been defined). (The total fee will be split 20%Pre-Construction Services and 80% Construction Services J § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which parh'cular methods of compensation apply.) 5.25% Fee plus all Direct Costs and Reimbursables § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis far, compensation.) 5.25% Fee plus all Direct Costs and Reimbursables § 17.4 Compensation for Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus percent ( %), or as otherwise stated below: 5.25% Fee plus all Direct Costs and Reimbursables § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Conslruction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach an exhibit afhourly billing rates or insert them below) Employee or Category Rate ($0.00) Superintendent $65.50 /Hour General Foreman $52.00 /Hour Project Engineer $80.00 /Hour § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Constuction Manager and the Construction Manager's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of--town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .6 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .17 Other similar Project-related expenditures. .12 See Exhibit A Attached AIA Document C732T°-2009 formerly 6801T°CMa-1992). Copyrlghlm 1973,1990, 1992 antl 2009 by The American Institute oFArohltects. All rights IDIt. reserved. WARNING: Thla AIA` Document is protected by U.3. Copyright Law end International Treaties. Unauthorized reprotlucllon or dlatdbutlon of 19 thla AIA® Document, orany portion of a, may result In severe civil and criminal penaltlea, and will be prosecuted to the maximum extent posalble antler t the law. This document was produced by AIA Software at 05;52:49 on 02/22/2012 under Order No.5907426500 1 which expires on 01/17/2013, end Is not for resale. User Notes: (1903175314) § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consultants plus Zero percent (0.00 %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation ofthe Construction Manager's invoice. Amounts unpaid Twenty-one ( 21) 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 Construction Manager. (Insert rate of monthly or annual interest agreed upon.) 3/4 of 1% per month § 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes h1 the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and wnditions that modify this Agreement are as follows: The Construction Manager is required to provide 100% Performance acrd Payment Bonds in the amount of the Construction Manager's Compensation Fee and General Conditions. ARTICLE 13 SCOPE OP THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C132T1N-2009, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AlA Document E201T"r-2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202TM 2008, Building Information Modeling Protocol Exhibit, if wmpleted, or the following: N/A .4 Other documents: (List other documents, if any, including additional scopes ofservice farming part of the Agreement.) AL9 A232-2009 General Conditions of the Contract for Construction, Construction Manager as Adviser Edition Supplemental General Conditions to the AIA A232-2009 General Conditions of the Contract for Construction Exhibit A AIA Document C132*'" -2009 /Iformerly B801 *aCMa-1892). Copydght ®1973, 1980, 1992 and 2009 by The Amedcan Insgtule of Architects. All rlghta Init. reaervetl. WARNING: This AIAb Document la protected 6y U.S. Copyright Lew entl International Treatise. Unautharized reproducllon or dlsldbutlon of 2D ihla AIA° Document, or any poRlon of It, may result In aevera civil and cdminal penaltlea, and will be proaecutad to the mazlmum a#ent possible antler ) the law. This document was produced by AIA sofhvare at 00:62:40 on 02/22/2012 under OMer No.590742aB00_1 which expires on 01/17/2013, end Is notfor resale. User NOtes: (1803178314) This Agreement is entered into as of the day and year first written above. ~..~~ ~~ OWNER (Signature) CONSTRUCTION AGER (Signature) Purchasing Manager (Printed name and title) B tad ~~ w~ 10.,t.ua1~,~ Michael J. Berard, Member (Printed name and title) AIA Document C132Ta-2009 formerly 8801 *aCMa-1992). Copyrighlm 1973, 1990, 1992 antl 2009 by The American Institute of Architects. All rights IRIt. reserved. WARNING: Thla AIA Document Is protected by U.S. Copyright Lew and International Trestles. Unauthodzed reproduetlon or tllaldbutlon of 27 this AIA° Document, oreny portion of It, may result In severe civil and cdminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced byAlA sofhvere at 08:52:48 on 02/22/2012 under Order No.5907428800_i which expires on 01/17/2013, end is not for resale. User Notes: (1903178314) General Conditions Included in Fee Reimbursable Expenses Personnel & Services President x Vice President x Sr. Project Manager x Project Managers x Contract Administrator x Accountant x Administrative Assistant x Pre-Construction Coordination x Strategic Planning x Estimating x Scheduling x Bid Packaging & Bidding x O & M Manuals /Warranties x One Year Walk Thru x a"-µu~,~. ~ ~`~ `tea ~.~1. Superintendent x General Foreman x Project Engineer x General Liability Insurance x Professional Liability Insurance x Payment and Performance Bonds x Small Tools & Fasteners x Layout, Engineering & Surveying x Printing Costs x ~ Federal Ex ress /Mailing x d Temporary Power x ~ Temporary Electricity x ~ Temporary Lighting x ~ Temporary Water x Tem orary Toilet x Temporary Phone x Temporary Fire Protection x Temporary Barricades x Safety x First Aid Supplies x ° Temporary Weather Protection /Heat x ~ Temporary Fencing x Job Office & Storage x Job Office Supplies x Forklift x v Final Clean-up x ~ Progressive Clean-up x ~ Trash Haul-Off x ~ Commissioning x i r i i s f www.krelzenbeck.com 11724 WEST ExECUTIVE DRIVE ~ Bolse, IDAHO 83713 ~ 208.336.9500 208.336.7444 ICR No. RCE-764 C -= Document A232rN - 2009 General Conditions of the Contract for Construction, Construction Manager as Adviser Edition forthe following PROJECT: (Name, arrd location or address) Meridian Parks Maintenance Facility Northeast comer of Locust Cnove Road and Lanark Street THE CONSTRUCTION MANAGER: (Name, legal status and address) Kreizenbeck, LLC dba I{reizenbeck Constructors 11724 West Executive Drive Boise, Idaho 83713 THE OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian; Idaho 83642. THE ARCHITECT: (Name, legal status and address) Insight Architects, P.A. 2238 Broadway Avenue Boise, Idaho 83706 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 fo or deleted from the original AIA teM. This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132T"-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; 8132T"-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132T"-2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232TM - 2009 (formerly A201 ^"CMa - 7992). Copyright ®1992 antl 2009 by The Amerlran Ins9lule of Architects. All rights reserved. Init. WARNING: This AIA° Document la protectetl by U.B. Copydght Law and Internatlonal Treaties. Unauthodzed reproduMlon ordlstdbudon of this AIA° .j Document, or any portion of It, may resua In severe civil and criminal penalaes, and wlil be proaeculad to the maximum extent possible under the law. / This document was produced by AIA software at 13:02:23 on 02/15/2012 under Order No.5907428800_7 which e~rires on 01/17/2013, end Is not for resale, User Notes: (1231447113) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT AND CONSTRUCTION MANAGER 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A232*" - 2008 (fomrerly A201'^'CMa -1992). Copyright 01992 antl 2009 by The American Institute of Architects. All rights reservetl. IDIt. WARNING: Thla AIA° Document la protected by U.9. Copyright Lawand Intematlonal Trestles. Uneulhodzed reprotluoUOn ortlleWbutlon of thle AIA°j Document, or eny poAlon of It, may resuR In severe clvll and erlminal panaltlea, and will 6e prosecuted to the maximum extent poaslhle underthe law. ) This document was produced by AlA Software at 13:02:23 on 02/15/2012 under Order No.6907429800_1 which e~ylres on 01117/2013, end is not for resale. User Notes: (1231447113) INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,8.3.1,9.5.1,10.1, 10.2.5, 13.4.2, 13.7 Addenda 1.1,1, 3.11, 4.2.14 Additional Costs, Claims for 3.2.4, 3.7.4, 3.7.5, 6.1.1, 7.3, 9.10.3, 9.10.4, 10.3, 10.4, 15.1.4 Additional Inspections and Tesfing 4.2.8, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3, 8.3, 10.3 Administration of the Contract 3.10, 4.2 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.19 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.7,4.2.15,7.3.9,9.2,9.3,9.4,9.5.1,9.7,9.8.3, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4 Approvals 2.1.1, 2.2.2, 2.4, 3.1.4, 3.10.1, 3.10.2, 3.12.4 through 3.12.10, 3.13.2, 3.15.2, 4.2.9, 9.3.2, 13.4.2, 13.5 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Certificates for Payment 9.4 Architect, Definition of 4.1.1 Architect, Extent of Authority 5.2, 7.1.2, 7.3.7, 7.4, 9.3.1, 9.4, 9.5, 9.8.3, 9.8.4, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.8, 4.2.1, 4.2.2, 4.2.8, 4.2.13, 5.2.1, 9.6.4, 15.2 Architect's Additional Services and Expenses 2.4,11.3.1.1,12.2.1,12.2.4,13.5.2 Architect's Administration of the Contract 4.2, 9.4, 9.5, 15.2 Architect's Approvals 3.12.8 Architect's Authority to Reject Work 4.2.8, 12.1.2, 12.2.1 Architect's Copyright 1.5 Architect's Decisions 4.2.8, 7.3.9, 7.4, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.9.2, 13.5.2, 14.2.2, 14.2.4, 15.2 Architect's Inspections 3.7.4, 4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 7.4, 9.4 Architect's Interpretations 4.2.8, 4.2.17, 4.2.18 Architect's On-Site Observations 4.2.2, 9.4, 9.5.1, 9.10.1, 12.1.1, 12.1.2, 13.5 Architect's Project Representative 4.2.16 Architect's Relationship with Contractor 1.1.2,1.5, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.9.2, 3.9.3, 3.10, 3.11, 3.12.8, 3.16, 3.18, 4.2, 5.2, 6.2.2, 8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Construction Manager 1.1.2, 9.3 through 9.10, 10.3, 13.5.1, 10.3, 11.3.7, 13.4.2, 13.5.4 Architect's Relationship with Subcontractors 1.1.2, 4.2.8, 5.3, 9.6.3, 9.6.4 Architect's Representations 9.4, 9.5, 9.10.1 Architect's Site Visits 4.2.2, 9.4, 9.5.1, 9.8.3, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Other Contracts 6.1,1, 6.1.2 Award of Subcontracts and Otker 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, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 AIA Document A232*a - 2009 (fartnerly A207 *aCMa - 7992). Copyright ®1992 antl 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: 7hla AIA° Document Is protected by U.S. Copydght Lew entl Intematlonal Treaties. Unaumodzed reproduction or tllaldbutlon of this AIA° 3 Document, or eny portion of It, may result in severe civil and crlminal penaRlea, and will he prosecuted to the mexlmum extent poealhle antler the law, ! This document was predated by AIA software at 13:02:23 on 02/15!2012 under Order No.5907420000_1 which expires on 0111 7 /2 0 1 3, end Is not for resale. User Notes: (1231447173) Boiler and Machinery Insurance 11.3.2 BONDS, INSURANCE AND 11 Bonds, Lien 7.3.7.4, 9.10.3 Bonds, Performance and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 2.2.2, 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.2, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.3.2, 9.10.2, 11.1.3 Ckange Orders 1.1.1,2.4,3.4.2,3.7.4,3.8.2,3.11,3.12.8,4.2.12, 4.2.13,4.2.14,5.2.3,7.1.1,7.1.2,7.2,7.3.2,7.3.4, 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 Changes 7.1 CHANGES IN THE WORK 2.2.1, 3.4.2, 3.11, 3.12.8, 4.2.13, 4.2.14, 7, 8.3.1, 9.3.1.1 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 1.1.8, 3.2.4, 3.7.5, 6.1.1, 7.3.9, 8.3.2, 9.3.3, 9.10.3, 9.10.4,10.3.3,15, 15.4 Claims for Additional Cost 3.2.4, 3.7.5, 6.1.1, 7.3.9, 9.10.3, 9.10.4, 10.3.2, 10.4, 15.1.4 Claims for Additional Time 3.2.4,3.7.5,7,8.3.2,10.4,15.1.5 Concealed or Unlmown Conditions, Claims for 3.7 Claims for Damages 3.2.4, 3.18, 6.1.1, 6.2.5, 8.3.2, 9.3.3, 9.5.1.2, 9.10.2, 9.10.5,10.3.3,11.1.1, 11.3.5, 11.3.7, 15.1.6 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Worly Definition of 8.1.2 Communications, Owner to Architect 2.2.6 Communications, Owner to Construction Manager 2.2.6 Communications, Owner to Contractor 2.2.6 Communications Facilitating Contract Administration 3.9.1, 4.2.6 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Concealed or Unknown Conditions 3.7.4,4.2.8,8.3.1,10.3 Conditions ofthe Contract 1.1.1 Consolidation or Joinder 15.4.4 CONSTRUCTION BY O WNER OR BY OTHER 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, 4.2.12, 4.2.13, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Manager, Building Permits 2.2.2 Construction Manager, Communications through 4.2.6 Construction Manager, Constmction Schedule 3.10.1, 3.10.3 CONSTRUCTION MANAGER 4 Construction Manager, Definition of 4.1.2 Construction Manager, Documents and Samples at the Site 3.11 Construction Manager, Extent of Authority 3.12.7,3.12.8,4.1.3,4.2.1,4.2.4,4.2.5,4.2.9,7.1.2, 7.2, 7.3.1, 8.3, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.8.2, 9.8.3, 9.8.4,9.9.1,12.1,12.2.1,14.2.2,14.2.4 Construction Manager, Limitations of Authority and Responsibility 4.2.5, 4.2.8, 13.4.2 Construction Manager, Submittals 4.2.9 Construction Manager's Additional Services and Expenses 12.2.1 Construction Manager's Administration of the Contract 4.2, 9.4, 9.5 Construction Manager's Approval 2.4, 3.10.1, 3.10.2 AIA Document A232T"'-2009 (formerly A201 TaCMa -1882). Copydght ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document la protected by U.S. Copyright Lew end Intema0onal Trestles. Unauthorizad reproducaon or tlbMbuaon of Nle AIA° 4 Document, or any portion of It, mey result In severe civil and criminal penalties, and will be proaecutetl to the maalmum extent possible underthe law. ) This documenlwas produced by AIA software a113:02:23 on 02/15/2012 under Order No.590742ea00 1 which expires on 01/17/2013, end Is not for resale. User Notes: (1231447173) Construction Manager's Authority to Reject Work 4.2.8, 12.2.1 Construction Manager's Decisions 7.3.7, 73.9, 9.4.1, 9.5.1 Construction Manager's Inspections 4.2.8, 9.8.3, 9.9.2 Construction Manager's On-Site Observations 9.5.1 Construction Manager's Relationship with Architect 1.1.2,4.2.1,4.2.7,4.2.8,4.2.9,4.2.13,4.2.15,4.2.16, 4.2.20, 9.2.1, 9.4.2, 9.5, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1,13.5.2,13.5.4,14.2.2,14.2.4 Construction Manager's Relationship with Contractor 3.2.2,3.2.3,3.3.1,3.5,3.10.1;3.10.2,3.10.3,3.11, 3.12.5, 3.12.6, 3.12.7, 3.12.8, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.2, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 4.2.6, 4.2.9, 4.2.14, 4.2.17, 4.2.20, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2,7.3.5,7.3.7,7.3.10,8.3.1,9.2,9.3.1,9.4.1,9.4.2, 9.7, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1,10.3,11.3.7,12.1,13.5.1,13.5.2,13.5.3,13.5.4 Construction Manager's Relationship with Owner 2.2.2, 4.2.1, 10.3.2 Construction Manager's Relationship with Other Contractors and Owner's Own Forces 4.2.4 Construction Manager's Relationship with Subcontractors 4.2.8,5.3,9.6.3,9.6.4 Construction Manager's Site Visits 9.5.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.2, 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 TIC 5.4.1.1, 11.3.9,14 Contract Administration 3.1.3,4.2,9.4,9.5 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, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Performance During Arbitration 15.1.3 Contract Sum 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1.1, 12.3, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Time 3.7.4, 3.7.5, 4, 3.10.2, 5.2.3, 7.2.3, 7.3.1, 7.3.5, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Defmition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1.1 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 Other Contractors and Owner's Own Forces 3.12.5, 3.14.2, 4.2.6, 6, 11.3, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8,14.2.1.2 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.4.2, 3.5, 3.7.4, 3.10.1, 3.11, 3.12, 3.16, 3.18, 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, 13.5,15.1.2, 15.2.1 Contractor's Relationship with the Construction Manager 1.1.2, 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.7, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.1, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 10.2.6,10.3,11.3.7,12.1,13.5.1,13.5.2,13.5.3, 13.5.4 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2,3.18,5.3,6.1.3,6.2,9.5.1,10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Conffactor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10.2, 3.11, 3.12, 4.2.9, 9.2, 9.3, 9.8.2, 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 1.2.2,3.3,3.4,4.2.5,4.2.7,6.1,6.2.4,7.1.3,7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 AIA Document A232T"- 2009 (formerly A201 T"CMa-1992). Copyright ®1992 and 2009 by The American Institute of Archltecls. Ali rights reserved. Init. yyARNING: Thla AIA Document la protected by U.S. Copyright Law and Intamatlonal Trestles. Unauthodzed raproducllon or tlletrthutlan of thla AIAm 5 Document, oreny portion of It, may result In severe civil entl criminal penaltlea, and will be prosecuted to the maximum extent poealble under Ne law. f This document was protluced by AIA software at 13:02:23 on 02!15/2012 under Order No,6907429eg0_1 which expires on 01!17!2013, end is not for resale. User Notes: (1231447113) Contractual Liability Insurance 11.1.1.8, 11.2, 11.3.1.5 Coordination and Correlation 1,2, 3.2, 3.3.1, 3.10, 3.12.6, 6.1.2, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3,2.4,9.4.1,9.4.2,9.8.2,9.8.3,9.9.1,12.1.2,12.2 Correlation and Intent of the Contract Documents 1.2 Costs 2.4,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 7.3.9, 11.3.1.2, 11.3.1.3, 11.3.4,11.3.9,12.1,12.2.1,13.5,14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Other Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.4,11.3.1,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.2, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 15.1.5 Date of Commencement of the Work, Definifion of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.7, 4.2.8, 4.2.10, 4.2.11, 4.2.13, 4.2.15, 4.2.16, 4.2.17, 4.2.18, 4.2.19, 4.2.20, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.8.4, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions of the Construction Manager 7.3.7, 7.3.8, 7.3.9, 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, 2.4, 3.5, 4.2.8, 6.2.5, 9.5.1, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 12.2.2 Definitions 1.1,2.1.1,3.1.1,3.12.1,3.12.2,3.12.3,4.1.1,4.1.2, 7.2,7.3.1,8.1,9.1,9.8.1,15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 5.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 7.3.8, 7.3.9, 9.3, 15.1, 15.2 DISPUTES, CLAIMS AND 3.2.4,6.1.1,6.3,7.3.9,9.3.3,15,15.4 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Ownership and Use 1.1.1,1.5,2.2.5,3.11,5.3 Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance 8.2.2,11.1.2 Emergencies 10.4, 14.1.1.2,15.1.4 Employees, Contractor's 3.3.2,3.4.3,3.8.1,3.9,3.18.1,3.18.2,4.2.3,4.2.6, 10.2,10.3.3,11.1.1,11.3.7,14.1,14.2.1.1 Equipment, Labor, Materials and or 1.1.3,1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.13.1, 3.15.1, 4.2.8, 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, 14.2.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 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, 7.2.3, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3,15.1.5, 15.2.5 Failure of Payment 9.5.1.3,9.7,13.6,14.1.1.3,14.1.3,14.2.1.2,15.1.4 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.15, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 15.2.1 Financial Arrangements, Owner's 2.2.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.2.4,10.3 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 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, 4.2.6, 6.1.2, 6.2.5, 9.6.1, 9.6.4, 9.8, 9.9.1, 9.10.3,10.3.2,10.3.3,11.2,11.3.4,13.5.1,13.5.2, 14.1.1.4,14.1.3, 15.1.2 IDiHaI Decision 15.2 AIA Document A232T" - 2009 (formerly A20f T"CMa -1992). Copyright ®7 B92 end 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: Thin AIA° Document Is protected by U.3. Copyrtght Lew and Intamallonal Treatlea. Unauthortzetl reproduction or dlatrtbutlon of this AIA° 6 Document, or any portion of It, may result In severe civil end criminal panelttea, antl will be proaecutetl to the maximum extant posalble underlhe law. f This document wes produced by AIA Software a113:02:23 on 02/16/2012 under Order No,6907428900 1 which expires on 01/17!2013, end Is not far resale. User Notes: (1231447113) Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Extent of Authority 14.2.2,14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 3.18.1,10.2.1,10.2.2,10.2.8,10.3,10.3.3,10.4, 11.1.1 Inspections 3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.1.4,3.3.3,3.7.1,4.2.4,5.2.1,7,8.2.2,12.1,13.5.2 Instruments of Service, Definition of 1.1.7, 1.5, 1.6 Insurance 6.1.1, 7.3.7, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 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, 11.3.1 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.3.1.5 Insurance Companies, Settlement with 11.3.10 Intent of the Contract Documents 1.2, 4.2.18, 4.2.19, 7.4 Interest 9.7,13.6 Interpretation 1.4,4.2.8,4.2.17,4.2.18 Interpretations, Written 4.2.17, 4.2.18, 4.2.20 Joinder and Consolidation of Claims Required 15.4.4 Judgment on Final Award 15.4.2 Labor end Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10,3.13.1,3.15.1,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3, 9.5.1.3, 9.6, 9.10.2, 10.2.1.2, 11.3.1, 14.2.1, 14.2.2 Labor Disputes 8.3.1 Laws and Regulations 3.2.3,3.2.4,3.7,3.13.1,10.2.2,10.2.3,13.5.1,14.2.1 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitation on Consolidation or Joinder 15.4.4 Limitations, Statutes of 15.4.1 Limitations of Authority 3.12.4, 4.1.3, 4.2.16 Limitations of Liability 9.6.7, 11.1.1, 12.2 Limitations of Time 3.10.1, 4.2.17, 4.2.20, 8.2.1, 9.3.3, 9.6.1, 9.8.4, 9.10.2, 10.2, 11.1.3, 12.1.1, 12.2.2.2, 12.2.5, 13.7, 14.1.1, 15.2.6.1 Loss of Use Insurance 11.3.3 Material Suppliers 1.5.1, 1.5.2, 3.12, 4.2.6, 4.2.8, 9.3.1, 9.3.1.2, 9.3.3, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.5, 11.3.1 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 1.5.2, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 5.2.1, 6.2.1, 9.3.1, 9.3.2, 9.3.3, 9.5.1, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.2, 9.10.5,10.2.1,10.2.4,10.3 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1,3.12.10,4.2.5,4.2.11 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1,10.3.5,15.2.1,15.2.5,15.2.6,15.3,15.4.1 Minor Changes in the Work 1.1.1,3.12.8,4.2.13,7.1,7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1,1.1.2,3.11,4.1.3,4.2.14,5.2.3,7,11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.4.3, 9.8.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.2.3, 3.7.3, 9.4.3.3, 9.8.2, 9.8.3, 9.9.1, 11.1,1, 12.2.2.1, 12.2.3, 12.2.4, 12.2.5 Notice 1.5, 2.1.2, 2.2.1, 2.4, 3.2.4, 3.3.1, 3.7.1, 3.7.2, 3.7.5, 3.9.2,3.12.9,5.2.1,6.3,9.4.1,9.7,9.10.1,9.10.2, 10.2.2,10.2.6,10.2.8,10.3.2,11.3.6,12.2.2.1,13.3, 13.5.1, 13.5.2, 14.1.2, 14.2.2, 14.4.2, 15.1.2, 15.1.4, 15.1.5.1, 15.2, 15.4.1 AIA Document A202TM - 2009 (formerly A201 T'^CMa -1992). Copyright ®7892 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: Thla AIA° Document le protectetl by U.S. Copydght Law and Intemallonal Treatise. Unauthortzed reproduction ordlatdbutlon of thla AIA° ~ Document, or any portion of It, may result In severe civil and crlminai penaltlea, and will be prosecuted to the maximum extant possl6le undertha law. / This document was produced by AIA software et 13:02:23 on 02/1 fi/2012 under Order No.5907428000_1 which expires on 01/17/2013, end is not for resale. User NOtes: (1231447113) Notice of Claims 3.7.2, 10.2.8,15.1.2, 15.4.1 Notice of Testing and Inspections 13.5.1, 13.5.2 Notices, Permits, Fees and 3.7, 7.3.7, 10.2.2 Observations, On-Site 3.2.1, 9.5.1, 12.1.1 Occupancy 2.2.2, 9.6.6, 9.9, 11.3.1.5 On-Site ktspections 4.2.2,9.10.1,9.4.4,9.5.1 Orders, Written 4.2.7, 4.2.18, 4.2.20 Other Contracts and Contractors 1.1.4, 3.14.2, 4.2.9, 6, 11.3.7, 12.1.2 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 4.2, 6.1.2, 6.1.3, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2,9.10.2,10.3.3,11.2,11.3,13.5.1,13.5.2,14.1.1, 14.1.3, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.12.10, 3.14.2, 4.1.2, 4.1.3, .4.2.8, 4.2.9,.5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7,2, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.3.3, 11.3.10, 12.2.2.1, 12.3, 13.5,2, 14.2, 14.3.1, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2.1, 5.3, 5.4.1, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction with Own Forces and to Award Other 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, 1.1.5,1.5, 1.6, 3.11, 3.12.10, 3.17, 4.2.14, 4.2.18, 4.2.20 Partial Occupancy or Use 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents and Copyrights, Royalties 3.17 Payment, Applications for 4.2.1,4.2.7,4.2.15,7.3.9,9.2,9.3,9.4,9.5,9.7,9.10.1, 9.10.3, 9.10.5, 11.1.3 Payment, Certificates for 4.2.15, 7.3.9, 9.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 15.1.3 Payment, Failure of 9.4.1, 9.5, 9.7, 14.1.1.3 Payment, Final 4.2.1, 9.8.2, 9.10, 11.1.2,11.3.1, 11.3.5, 12.3, 15.2.1 Payment Bond, Performance Bond and 5.4.1,7.3.7,9.6.7,9.10.2,9.10.3,11,11.4 Payments, Progress 9.3.1, 9.4.2, 9.6 PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors 5.4.2, 9.3, 9.5.1.3, 9.5.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 9.10.5, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11,11.4 Permits, Fees, Notices and Compliance with Laws 2,2.2, 3,7, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11,3.12,4.2.9,4.2.10,4.2.14 Progress and Completion 8.2,9.3.1,9.4.2,9.6,9.8,9.10, 14.2.4, 15.1.6 Progress Payments 9.3.1, 9.4.2, 9.6 Project, Definition of 1.1.4 Project Representatives 4.2.16 Property Insurance 10.2.5, 11.3 Project Schedule 3.10.1,3.10.3,3.10.4,4.2.2,4.2.3,4.2.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4,9.9.1, 10.2.2,11.1,11.4,13.1,13.4,13.5.1,13.5.2,13.6, 14.1.1,14.2.1,15.2.8,15.4 Rejection of Work 3.5, 4.2.8, 12.2.1 Releases of and Waivers and of Liens 9.10.2 AIA Document A232TM - 2009 (formerly A2011MCMa -1992). Copyright ®7892 and 2009 by The American Institute of Architects. All rights reserved. Init, yypRNING: This AIA° Document Is protected by U.S. Copyrtght Lawand International Treaties. Unauthortzed reproduction or dlatrlbutlon of this AIA° 8 Document, oreny portion of It, may result In severe civil entl criminal paneltlea, end will ba prosecuted to tha maximum extent pcealble undarlhe law. ! Thls document was produced by AIA software et 13:02:23 on 02!16/2012 under Order No,6907429800 1 which expires on 01/17/2073, antl Is not far resale. User Notes: (1231447113) Representations 1.3, 2.2.1, 3.5, 3.12, 6.2.2, 8.2.1, 9.3.3, 9.4.3, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.2,4.2.10,5.1.1, 5.1.2, 13.2.1 Requests for Information 4.2.20 Resolution of Claims and Disputes 15 Responsibility for Those Performing the Work 3.3.2, 3.7.3, 3.12.8, 3.18, 4.2.2, 4.2.5, 4.2.8, 5.3, 6.1.2, 6.2, 6.3, 9.5.1, 9.8.2, 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 Wield Conditions by Contractor 1.2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals by Owner, Construction Manager end Architect 3.10.1,3.10.2,3.11,3.12,4.2,5.2,5.2,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12.5 Rights and Remedies 1.1.2, 2.3, 2.4, 3.7.4, 3.15.2, 4.2.8, 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 Safety of Persons and Property 10.2, 10.3, 10.4 Safety Precautions and Programs 3.3.1, 3.12, 4.2.5, 5.3, 10.1, 10.2, 10.3, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11,3.12,4.2.9,4.2.10 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10,3.12.1,3.12.2,6.1.2,15.1.5.2 Separate Contracts and Contractors 1.1.4,3.12.5,3.14.2,4.2.6,4.2.11,6,8.3.1,12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11,3.12,4.2.9,4.2.10,4.2.14 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, 4.2.2, 4.2.3, 4.2.15, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.15, 9.8.3, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.8, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1,1,1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Staffing Plan 4.2.3 Statute of Limitations 12.2.5, 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 Subcontractor, Defmition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.5, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3,5.4,9.3.1.2,9.6.2,9.6.3,9.10,10.2.1,14.1,14.2 Submittals 3.2.3,3.10,3.11,3.12,4.2.9,4.2.10,4.2.11,5.2.1, 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 3.10.2,3.12.5,4.2.9,4.2.10 Subrogation, Waivers of 6.1.1,11.3.7 Substantial Completion 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.4 Substitution of Construction Manager 4.1.4 Substitutions of Materials 3.4.2, 3.5, 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, 4.2.3, 4.2.5, 4.2.8, 4.2.9, 4.2.10, 4.2.11, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.3.3, 10, 12,14, 15.1.3 Init. AIA Document A232o"'- 2009 (formerly A201 T"CMa-1992). Copyright ®1992 end 2009 by The American Institute of Architects. All rights reserved. a WARNING: 7hla AIA Document la protecletl by U.S. Copyright Lew end Intematlonal Treaties. Unauthorized reproduction ordlaldbutlon of lhle AIA 9 Document, or any portion of It, may result In severe clvll and criminal paneltlea, and will be prosecuted to the maximum extent poaalble underthe law. ) This document was produced by AIA software et 13:02:23 on 02/16/2012 under Order No.69g742a900_i which expires on 01/17/2013, and Is not for resale. User NOtes: (1231447113) 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 1.1.7, 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, 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 Terminafion by the Owner for Convenience 14.4 Termination of the Contractor 14.2.2 TERDIINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.4, 3.3.3, 4.2.2, 4.2.6, 4.2.8, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1,10.3.2,12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 10.3.2, 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, 4.2.1, 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, 9.4.2, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4, 12.2, 13.5, 13.7, 14, 15 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 12 AND CORRECTION OF WORK 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 Construction Manager 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 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 6.1.1,11.3.7 Warranty. 3.5, 4.2.15, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, 9.9,1, 9.10.2, 9.10.3,10.3.2, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.17, 4.2.18 Written Notice 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,5.2.1,5.3,5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10,10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4,13.3, 13.5.2, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A232TM - 2009 (formerly A201 TMCMa - 7992). Copyright ®1992 and 2009 by The Amedcan Institute of Architects. All rights reserved. Init. yypRNING: Thla AIA° Document la protected by U.S. Copyright Lew antl Intemagonal7reatlea. Unauthodzetl reproduction or tlletdhutlon of this AIA° 70 Document, orany ponlan of It, may reaua in severe civil and criminal penaltlea, and will be proaecutetl to the maximum extent posalble under the law. / This document was produced by AIA software at 13:02:23 on 02/15/2012 under Order No.5907429800_7 which expires on 01/17/2013, and is not for resale. Uaer Notes: (1231447113) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents. The Contract Documents aze 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 pazfies, (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, h3shvctions 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). § 1.1.2 The Contract. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract maybe amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and the Construction Manager or the Construction Manager's consultants, (3) between the Owner and the Architect or the Architect's consultants, (4) between the Contractor and the Constmction Manager or the Construction Manager's consultants, (5) between the Owner and a Subcontractor or Sub-subcontractor (6) between the Construction Manager and the Architect, or (7) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entilled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 The Work. The term "Work" means the construction and services required by the Contract Documents, whether completed or paztially 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 other Multiple Prime Contractors and by the Owner's own forces, including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions ofthe Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.8 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standazds and workmanship for the Work, and performance of related services. § 1.1.71nstruments of Service. Instruments of Service azerepresentations, in any medium of expression nowknown or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker. The Initial Decision Maker is the person idenfified 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 of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A232Te - 2009 (formerly A201 T"CMa -1992). Copyright m 1882 and 2009 by The American Institute °f Architects. All rights reserved. IDIt. WARNING: Thle AIA° Document la protectetl by U.s. Copydght Law and Intamatlonal Treatlea. Unauthorized reproduction or dlatdbutlon of this AIA° 11 Document, oreny portion of It, may result In severe civil and orlminal panalUea, and will be prosecuted to the maximum extent poaelble antler the law. ) This document was produced by AIA software at 13:02:23 on 02!16/2012 under Order No,690742aa00 1 which erolres on 01/77/2013, and Is not for resale. User Notes: (1231447773) § 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 accerdance 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 ttles of other documents published by the American Institute of Architects. § 1.41nterpretation 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. § 1.50wnership 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 wpyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect, or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All .copies made under this authorization shall bear the copyright notice; if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub•subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 Transmission of Data in Digital Form Ifthe 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 Article 4, the Construction Manager and the Architect do not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall famish 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. § 2.21nformation and Services Required of the Owner § 2.2.1 Prior to commencement ofthe Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial anangements to fiilfill 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 famish such evidence as a wnditron precedent to commencement or continuation of the Work or the AIA Document A232TM - 2009 (formerly A201 TMCMa -1992). Copyright 01892 end 2009 by The American Institute °f Architects. All rlehfs reserved. Init. WARNING: Thla AIA° Document Is protected by U.S. Copyright Lew end Intematlonal Treallae. Unaulhodzed reproduction or diatdbutlon of thla AIA° 12 Document, oreny portion of It, may result In severe clvll and crlminal peneltles, antl will be proeecutetl to the maximum extent poealble untlerthe law. / This Document was produced by AIA software at 13:02:23 on 02/15/2012 under Order No.5907428800 1 which e~rlres on 01/17/2013, and Is not far resale, User Notes: (1231447113) 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. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.3 The Owner shall famish 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 fiunish 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. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall fiuvish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.2.6 The Owner shall endeavor to forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. § 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 cant' 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. §2.40wnet'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 aten-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 Construction Manager's and Architect's and their respective consultants' 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, after consultation with the Construction Manager. If payments then 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, ifrequired in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contmctor or the Contractor's authorized representative. § 3.1.2 The plural term "Multiple Prime Contractors" refers to persons or entities who perform construction under contracts with the Owner that are administered by the Construction Manager. The term does not include the Owner's own forces, including persons or entities under separate contracts not administered by the Construction Manager. AIA Document A232T"' - 2009 (formerly A201 T°CMa - 7992). Copyright ®1882 and 2009 by The American Institute of Architects. All rights reservetl. IDIt. WARNING: Thla AIA° Document la protected by U.S. Copyright Lawand International Treatise. Unaulhotlzed reproduction or tllatdbutlon of this AIA° 13 Document, or any portion of It, may result In severe civil end crlminel penaltlea, entl will ba prosecuted to the maximum extent poaslble underlhe law. ) This document was produced by AIA software et 13:02:23 on 02/iN2012 under Order No.590742a500_1 which expires on 01/17/2013, and is not for resale. User Notes: (1231447113) § 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents § 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Constructon Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has 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 compaze the vazious Contract Documents relative to that portion of the Work, as well as the information fiunished 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 aze for the purpose of facilitating coordination and construction by the Contractor and are not far the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Construction Manager and Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information submitted to the Construction Manager in such form as the Construction Manager and Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a wntrailor 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, roles and regulations, or lawful orders ofpublic authorities, but the Contractor shall promptly report to the Construction Manager and Architect any nonconformity.discovered by or made known to the Contractor as a request for informafion submitted to Construction Manager in such form as the Construction Manager and 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 parsuant 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 obligafions of Sections 3.2.2 or 3.2.3, the Contractor shall pay such vests 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 ofpublic authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contrail Documents give other specific instruction concerning these matters. If the Contract Documents give specific instructions wncerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate thejobsite 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. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner, the Construction Manager, and the Architect and shall not proceed vrith that portion of the Work without further written instructions from the Architect, through the Construction Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. AIA Document A232*" - 2009 (formerly A201 *"CMa - 7992). Copyright 01892 and 2009 by The American Institute of Architects. All rights reservetl. Init. WAgNING: Thla AIA° Document la protected by U.S. Copyright Lew and Intematlonal Treatlea. Unauthorized reprotluctlon or tlletrl6utlon of thla AIA° 14 Document, or eny portion o! It, may reeult In severe civil end crlminal penalUea, end will be prosecuted to the maximum extent poealhla underthe law. r This documenlwas produced by AIA software at 13:02:23 on 02/15/2012 under Order Nc.6907429800_1 which er~lres on 01/17/2013, and is not for resale. User Notes: (1231447113) § 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 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 the Project atready performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Lobar and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect, in consultation with the Construction Manager, and in accordance with a Change Order or Constmction 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, Constmction Manager, and Architect that materials and equipment famished under the Contract will be of good quality andnew unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, except forthose. inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Construction Manager or 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 or portions thereof provided by the Contractor that aze legally enacted when bids are received or negotiations wncluded, 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 Owner, through the Construction Manager, shall secure and pay for the building permit. The Contractor shall secure and pay for other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, cedes, rules and regulations, and lawful orders ofpublic authorities applicable to performance of the Work. § 3.7.3Ifthe Contractor performs Workknowing itto be contrazyto applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders ofpublic 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 wnstruction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the wnditions. The Architect and Construction AIA Document A232T" - 2009 (formerly A201 T"CMa -18921. Copyright ®1882 end 2009 by Tha American Institute of Architects. All rights reservetl. Init. WARNING: Thla AIA° Document la protected by U.S. Copydght Lawend International Trestles. Unauthorized reproducnon or dlatdbutlon of thla AIA° 15 Document, or any portion of It, may result In severe civil end criminal penaltlea, entl w1116e proaecutetl to the maximum eztent poasl6le under the law. / This document wes produced by AIA software at 13:02:23 on 02/15/2012 under Order No,5907428600. 1 which eXolres on 01/17/2013, and is not for resale. User Notes: (1237447113) Manager will promptly investigate such conditions and, if the Architect, in consultation with the Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. L: the Architect, in consultation with the Construction Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction Manager, and Contractor in writing, stating the reasons. )f the Owner or Contractor disputes the Architect's determination or recommendation, either party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features maybe made as provided in Article 15. § 3.8 Allowances § 3.8.7 The Contractor shall include in the Contract Sum all allowances stated hi the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever vests are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Supedntendent § 3.9.7 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect throug)i the Construction Manager, the name and qualifications of a proposed superintendent. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager, or the Architect has reasonable objection to the proposed superintendent or (2) that any of them require additional 6me to review. Failure of the Construction Manager to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 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 and the Construction Manager's approval a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as requved by the cenditions of the Work and Project, shall be related to the entire Project schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. AIA Document A232^" - 2009 (formerly A207 *aCMa - 7892). Copyright ®1992 end 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: Thla AIA° Document Is protected 6y U.S. Copydght Law and International Trestles. Unaulhodzetl reprotluonon ortllsVlbutlon of this AIA® 76 Document, oreny portion of It, may result In severe elvll end eriminal penalties, entl will be proseoutetl to the maximum extent possible underthe law. / This document was producetl by AIA software at 73:02:23 on 02/75/2012 untlerl7rder No.5907429000_7 which expires on 01/17/2013, end Is not for resale. User NOles: (1231447113) The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict with, and as to cause no delay in, the work or activities of other Multiple Prime Contractors or the construction or operations of the Owner's own forces. § 3.70.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter update it as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Construction Manager's and Architect's approval. The Architect and Construction Manager's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Construction Manager and Architect reasonable three to review submittals. If the 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 participate with other Contractors, the Construction Manager and Owner in reviewing and coordinating all schedules for incorporation into the Project schedule that is prepared by the Construction Manager. The Contractor shall make revisions to the construction schedule and submittal schedule as deemed necessary by the Construction Manager to conform to the Project schedule. § 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner, Construction Manager and Architect and incorporated into the approved Project schedule. § 3.11 Documents and Samples at the Site The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one wpy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the Architect and delivered to the Construction Manager for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.7 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 wncept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect and Construction Manager is subject to the limitations of Sections 4.2.9 through 4.2.11. Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Construcfion Manager or Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Construction Manager Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the Project submittal schedule approved by the Construction Manager and Architect, or in the absence of an approved Project submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of other Multiple Prime Contractors or the Owner's own forces. The Contractor shall woperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Multiple Prime Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner, Construction Manager, and Architect, that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked AIA Document A232i° - 20119 (formerly A201 T"CMa -1992). Copyright ®1992 and 2009 by The American Ins9tule of Architects. All rights reserved. Init. WARNING: Thle AIA° Document la proteetetl by U.S. Copyright Lewand Inlernallonel Treatise. Unauthorized reproduellon ordiatdbullon ofthis AIA° 17 Document, orany portion of It, may result In severe civil end criminal penaltlea, entl will be proaeeutetl to the maximum extent posalble under the law. ) This Document waspr0duced byAlA software a173:02:23 on 0 2/1 512 0 1 2 untler Order No.5907429900 1 which expires on 01/17/2013, end Is not for resale. User Notes: (1231447113) 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 ofthe Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similaz submittals until the respective submittal has been reviewed and approved by the Architect. § 3.12.8 The Work shall be in acwrdance 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 Construction Manager and Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for 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 Construction Manager and Architect on previous submittals,llr 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. Ifprofessional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, roles and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to cemplete the Work or to make its pazts 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 paztially completed construction of the Owner's own forces or of other Multiple Prime Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner's own forces or by other Multiple Prime Contractors except with written consent of the Construction Manager, AIA Document A232*" - 2009 (formerly A201 *"CMa - 7992). Copyright ®1992 end 2009 by The American Instllute of Arohltecls. All rights reserved. Init. WARNING: Thla AIA° Document la protectetl by U.S. Copydght Lew and Intematlonal Treatlea. Unauthodzed reproduction or dlatdbuUon of this AIA° 19 Document, orany portion of It, may result In severe civil end criminal penalties, and will be prosecuted to the maximum artant possible underthe law. ( This document was produced by AIA software e113:02:23 on 02/16/2012 under Order No.6907429a00_1 which e~ires on 01117/2013, and is not for resale. User Notes: (1231447113) Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from [he other Multiple Prime Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.7 The Contractor shall keep the premises and sun•ounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At wmplefion of the Work the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Peoject. § 3.15.2If the Contractor fails to clean up as provided in the Contrail Documents, the Owner, or Construction Manager with the Owner's approval, may do so and the Owner shall be entitled to reimbursement from the Contractor § 3.16 Access to Work The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner, Architect, or Construction Manager. However, If the Contractor has reason to believe that the required design, processor 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 through the Construction Manager. § 3.161ndemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's wnsultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described In this Section 3.18. § 3.18.211r 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 far whose acts they maybe liable, the indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER § 4.1 General § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 The Owner shall retain a construction manager lawfully licensed to practice construction management or an entity lawfully practicing construction management in the jurisdiction where the Project is located. That person or entity is identified as the Construction Manager in the Agreement and is referred to throughout the Contract Documents as if singular in number. AIA Document A232TM -2009 (formedy A201'"'CMa -1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reservetl. Init. yyARNING; Thls AIA° Document Is protected by U.e. Copydght Law and Internetlonal Treaties. Unauthorized reproduction or tllatdbutlon of thla AIA° 19 Document, orany portion of it, may result In severe civil entl criminal penaltlea, end will be prosecuted to the maximum eMent poaslble underthe law. ) This document was produced by AIA software et 13:02:23 on 02/15/2012 under Order No.5907428900_1 which expires on 01/17/2013, and is not for resale. User Notes: (1231447113) § 4.1.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. § 4.1.4Ifthe employment ofthe Construction Manager or Architect is terminated, the Owner shall employ a successor construction manager or architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Construction Manager or Architect, respectively. § 4.2 Administration of the Contract § 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner's representatives during construction until the date the Architect issues the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of wnstruction, 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. On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and Construction Manager (1) known deviations from the Contract Documents and from the most recent Project schedule prepared by the Construction Manager, and (2) defects and deficiencies observed in the Work. § 4.2.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner reasonably informed of the progress of the Work, and will report to the Owner and Architect (1) known deviations from the Contract Documents and the most recent Project schedule, and (2) defects and deficiencies observed in the Work. § 4.2.4 The Construction Manager will schedule and wordinate the activities of the Contractor and other Multiple Prime Contractors in accordance with the latest approved Project schedule. § 4.2.5 The Construction Manager, except to the extent required by Section 4.2.4, and Architect will not have control over, or charge of, construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1, andneither will be responsible for the Contractor's failure to perform the Work in acwrdance with the requirements of the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 4.2.6 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. Communicaflons by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Multiple Prime Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect if those communications are about matters arising out of or related to the Contract Documents. Communications by and with the Owner's own forces shall be through the Owner. § 4.2.7 The Construction Manager and Architect will review and certify all Applications for Payment by the Contractor, in accordance with the provisions of Article 9. § 4.2.8 The Architect and Constmction Manager have authority to reject Work that does not conform to the Contract Documents and will notify each other about the rejection. The Construction Manager shall determine in general AIA Document A232T" - 2009 (formerly A201 T'^CMa -1992). Copyrlght ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document Is protected by U.S. Copyrlght Lew and Intamatlonal Treatlea. Unauthorized reproduction or dlalrlbutlon of thle AIA° 20 Document, or eny portion of It, may result In severe clvll entl crlminal penalties, end will be prosecuted to the maximum extent poaslbie under the law. ) Thls Document was produced by AIA software at 13:02:23 on 02!1512012 under Order No.5907425000_1 which expires on 01/17/2013, end Is not for resale. User Notes: (1231447113) whether the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, upon written authorization of the Owner, whether or not such Work is fabricated, installed or completed. The foregoing authority of the Construction Manager will be subject to the provisions of Sections 4.2.18 through 4.2.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.2.8 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.2.9 The Construction Manager will receive and promptly review for conformance with the submittal requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings, Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and transmit to the Architect those recommended for approval. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents to the Owner and Architect that the Construction Manager has reviewed and recommended them for approval. The Construction Manager's actions will be taken in accordance with the Project submittal schedule approved by the Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review by the Architect. § 4.2.10 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Upon the Architect's completed review, the Architect shall transmit its submittal review to the Construction Manager. § 4.2.11 Review of the Contractor's submittals by the Constmction Manager and Architect is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Construction Manager and Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Construction Manager and Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Construction Manager and Architect, of any construction means, methods, teclmiques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.12 The Construction Manager will prepare Change Orders and Constmction Change Directives. § 4.2.13 The Construction Manager and the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7. and the Architect will have authority to order minor changes in the Work as provided in Section 7.4. The Architect, in consultation with the Construction Manager, will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.14 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at the site for the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data, Samples and similar required submittals, in good order and marked currently to record all changes and selections made during censtruction. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.2.15 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion in conjunction with the Architect pursuant to Section 9.8; and receive and forward to the Owner written warranties and related AIA Document A232^" - 2009 (formerly A201 T°CMa -1992). Copyright ®1992 and 2009 by The American InsOtute of Architects. All rights reserved. Init. WARNING: This AIA° Document la protectatl by U.S. Copydght Lew entl Intematlonal Trestles. Unauthortzetl reprotluctlon or tlletdbutlon of this AIA° .11 Document, or any portion of It, may result In severe civil and criminal penalties, entl will ha prosecuted to the mazlmum extent posal6le under the law. ) This document wes produced by AIA software at 13:02:23 on 02/15/2012 under Order No.580742t1800_1 which e>Wires on 01/17/2013, and is not for resale, User Noes: (1231447113) documents required by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction Manager will forward to the Architect a final Application and Certificate for Payment or final Project Application and Project Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 4.2.16If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.17 The Architect will interpret and decide matters concerning performance under, and requirements of the Contract Documents on written request of the Construction Manager, Owner or Contractor through the Construction Manager. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable prompmess. § 4.2.18 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretationsand decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good Faith. § 4.2.19 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and forward each request for information to the Architect, with the Construction Manager's rewmmendation. The Architect will review and respond in writing to the Construction Manager to requests for information about the Contract Documents. The Construction Manager's recommendation and the Architect's response to each request will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. 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 porfion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Multiple Prime Contractors or subcontractors of other Multiple Prime Contractors. § 5.1.2 ASub-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 refereed to throughout the Contract Documents as if singular in number and means aSub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requrements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Conshuction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to famish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager or the Architect has reasonable objection to any such proposed person or entity or, (2) that the Construction Manager, Architect or Owner requires additional time for review. Failure of the Construction Manager, Owner, or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3Ifthe Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, AIA Document A232'"- 2009 (formerly A207T"CMa- 7992). Copyright m 1992 end 2009 by The American Institute of Architects. All dOhts reserved, Inrt• WARNING: This AIAm Document Is protected by U.S. Copyright Lew and Intematlonel Trestles. Unauthodzed reproduction or dlalrlbutlon of this AIAs 22 Document, orany poAlon of It, may result In severe civil and criminal penalties, and will be prosecuted to the ma><Imum extent possible antler the law. / This document waspr0duced by AIA software a113:02:23 on 02/15/2012 under OMer No.5907429900 1 which e~ires on 01!17/2073, and Is not far resale. User Notes: (1231447113) and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate agreement, written where legally required for validity, the Contractor shall requve each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms ofthe Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcentract 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 Conttactor 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 maybe at variance with the Contrail Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion ofthe Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor 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 Owner shall nevertheless remain legally responsible for all of the successor Contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager, and to award other contracts in connection with other portions ofthe Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When the Owner performs wnstruction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. AIA Document A232T'^ - 2009 (formerly A207 T"CMa -1992). Copydght ®1982 and 2009 by The American Institute of Architects. All rights reserved. Init. yyARNING: This AIA° Document la protected by U.S. Copyright Law and International Treatlaa. Unauthodzad reproductlan or dlettlbutlon of thla AIAa 23 Document, or any portion of It, may result In eevere elvll end criminal penaltlea, and wlil be proaeeutetl to the maximum extent poasl6le under.the law. / This document was produced by AIA software at 73:02:23 on 02/15/2012 under Ortler No.5907428800_7 which e~rylres on 01/17!2013, and is not for resale. User NOtes: (1237447113) § 6.1.3 Unless otherwise provided in the Contract Documents, when the Own~• performs wnstruction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. § 6.2 Mutual Responsibility § 6.2,1 The Contractor shall afford the Owner's own forces, Construcfion Manager and other Multiple Prime Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construcfion and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other Multiple Prime Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure ofthe Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Multiple Prime Contractors' completed or partially completed consh•ucfion 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, including costs that are payable to a separate contractor or to other Multiple Prime Contractors because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of delays, improperly timed activities, damage to the Work or defective construction by the Owner's own forces or other Multiple Prime Contractors. § 6.2.4 The Confractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially .completed wnstruction or to,property of the Owner, separate contractors, or other Multiple Prime Contractors as provided in Section 10.2.5. § 6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute azises among the Contractor, other Multiple Prime Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may cleanup and the Construction Manager, with notice to the Architect, will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work maybe 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 Worlc, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Constmction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Constructon Change Directive or order for a minor change in the Work. § 7.2 Change Orders A Change Order is a written instrumentprepared bythe Construction Manager and signed bythe Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 The change in the Work; AIA Document A232*" - 2009 (formerly A201 T"CMa - f 882). Copyright ®1982 end 2009 by Tha American Institute of Architects. All rights reservetl. Init. WARNING: Thla AIAs Document is protected by U.S. Copyright Lew end International Treatise. Unauthodzetl reproduction or tlleVlbutlon of this AIA® 24 Document, orany poRlon of It, may result In severe civil end criminal penal(lee, antl will he prosecuted to the maximum extent posalhle underthe law. / This document was produced by AIA software at 13:02:23 on 0 2 /1 5120 1 2 under Order No.5907426600_1 which errylres on 01/17/2013, and Is not for resale. User NOtes: (1231447113) .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 Consirucflon Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Consfrucfion 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 fol lowing 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. § 7.3.4If unit prices aze stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated aze materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Construction Manager 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, incase of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental vests of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net vest as confirmed by the Constmction Manager and Architect. When AIA Document A232TM' - 2009 (formerly A201 T°CMa -1992). Copyright ®1892 end 2009 by The American InsOtute of Architects. All rights reaervetl. Init. WARNING: Thla AIA° Document Is protected by U.S. Copydght Lew and Internallonal Treatlea. Unauthodzad reproduetlon or dlatribuaon of thla AIA° 25 Document, orany poNan o(It, may result In eavere clvll and crlminel penaltlea, entl will be prosecuted to the maximum extent poeelhle underthe law. / This document wasproducad by AIA sofhvare et 13:02:23 on 02/16/2012 under Order No,6907429800_1 which eKclres on 01/17!2013, and Is not for resale. User Notes: (1231447113) both additions and credits wvering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Construction Manager and Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Constmction Manager and Architect determine to be reasonably justified. The interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager and Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Construction Manager shall prepaze a Change Order. Change Orders maybe issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8 § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 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 wmmence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 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, Owner's own forces, Construction Manager, Architect, any of the other Multiple Prime Contractors or an employee of any of them, 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, based on the recommendation of the Construction Manager, determines may justify delay, then the Contract Time shall be extended by Change Order far 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. AIA Document A232*a-2009 (formerly A201 T"CMa-1892). Copyright ®1992 and 2009 by The Ametlcan Institute of Architects. All rights reserved. Init. yypRNING: This AIAe Document la protected by U.e. Copyright Lew and Internallonal Trestles. Uneuthorl:etl reprotluctlon or tllatdhutlon of this AIA° 26 Document, oreny portion of It, may result In severe civil end criminal penalties, end will be proaecutetl to the maximum extant possible under the law. / This documentwas produced by AIA sofhvare et 13:02:23 on 02115/2012 under Order No.5907428000_1 which expires on 01/17/2013, and is not far resale. User NOtes: (1231447113) ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 Schedule of Values Where the Contract is based on a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the Construction Manager, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. In the event there is one Contractor, the Construction Manager shall forward to the Architect the Contractor's schedule of values. If there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors' schedules of values only if requested by the Architect. § 9.3Applicatlons for Payment § 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for wmpleted 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, Construction Manager 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 Constmction Change Directives, or by interim determinations of the Construction Manager and 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 acwunt of materials and equipment delivered and suitably stored at the site for subsequent inwrporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor fiuther 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 lhvner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 Where there is only one Contractor, the Construction Manager will, within seven days after the Construction Manager's receipt of the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. Within seven days after the Architect receives the Contractor's Application for Payment from the Construction Manager, the Architect will either issue to the Owner a Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Constmction Manager and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided AIA Document A232TM - 2009 (formerly A201 TMCMa-1992). Copyright ®1992 and 2008 6y Tha American InsOtute of Architects. All rights reservetl. Init, WARNING: Thla AIA° Document le protected by U.3. Copydght Law and Internaaanal Treatlea. Unaulharized reproducaon or dlatdbution of thls AIA° 27 Document, oreny portion of It, may result In severe civil and crlminal penaltlea, end will be prosecuted to the maximum extent po9elhle antler the law. / This documenlwas produced by AlA software a113:02:23 on 02/15/2012 under Order No.590742a900 1 which eKoires on 0 117 7/2 0 1 3, end Is not for resale. User NOtes: (1231447113) in Section 9.5.1. The Construction Manager will promptly forward to the Contractor the Architect's notice of withholding certification. § 9.4.2 Where there are Multiple Prime Conffactors performing portions of the Project, the Construction Manager will, within seven days after the Construction Manager receives the Multiple Prime Contractors' Applications for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each of the Multiple Prime Conffactors; (2) prepaze a Summary of Conffactors' Applications for Payment by combining information from each Multiple Prime Contractors' application with information from similar applications for progress payments from other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for Payment; (4) certify the amount the Construction Manager determines is due all Multrple Prime Contractors; and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 9.4.3 Within seven days after the Architect receives the Project Application and Project Certificate for Payment and the Summazy of Conffactors' Applications for Payment from the Consffuction Manager, the Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Consffuction Manager will promptly forward the Architect's notice of withholding certification to the Contractors. § 9.4.4 The Constructon Manager's certification of an Application for Payment or, in the case ofMultiple Prime Contractors, a Project Application and Certificate for Payment shall be based upon the Construction Manager's evaluation of the Work and the information provided as part of the Application for Payment. The Construction Manager's certification will constitute a representation that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The certification will also constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 9.4.5 The Architect's issuance of a Certificate for Payment or in the case ofMultiple Prime Conffactors, Project Application and Certificate for Payment, shall be based upon the Architect's evaluation of the Work, the recommendatron of the Consffuction Manager, and information provided as part of the Application for Payment or Project Application for Payment. The Architect's certification will constitute a representation that, to the best ofthe Architect's knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the Work is in acoordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. § 9.4.6 The representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager or Architect. § 9.4.7 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Construction Manager or Architect may withhold a Certificate for Payment or Project Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations tothe Owner required by Section 9.4.4 and 9.4.5 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager will notify the Contractor and Owner as provided in Section 9.4.1 and 9.4.3. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment or a Project Certificate for Payment for the amount for which the Architect is able to make such representations tothe Owner. The Construction Manager or Architect may also withhold a Certificate for Payment or, because of AIA Document A232*"- 2009 (formerly A2011MCMa-1992). Copydghl ®1892 and 2009 by The American Institute of Architects. All rlghta reserved. Init. yyARNING: Thla AIA° Document Is protectetl by U.S. Copyright Law and International Treatlea. Unauthodzetl reproducnon or dlatdbutlon of thla AIA° 28 Document, orany poRlon of It, may result In severe civil and criminal panaltias, end will be prosecuted to the maximum pxlant posalble under the law. / This document wes produced by AIA software at 13:02:23 on 02/15/2012 under Order No.5807420500_7 which expires on 01/17/2013, and Is net far resale. User Notes: (1231447113) subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from the acts and omissions described in Section 3.3.2 because of .t defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .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 be made for amounts previously withheld. § 9.5.3 If the Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Construction Manager and both will reflect such payment on the next Certificate for Payment. § 9.6 Progress Payments § 9,6.7 After the Architect has issued a Certificate for Payment or Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt ofpayment 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 ageement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment ofmoney 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 beheld by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary AIA Document A232Ta - 2008 (formerly A201 TMCMa -1BB2). Copyright ®1882 end 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: Thla AIA° Document Is protected by U.a. Copydght Lawend Intematlonal Treatise. Unauthodzed reproducaon or dlatdbutlon of this AIA° 29 Document, oreny portion of It, may result in severe civil and criminal penaltlea, end will be prosecuted to the maximum eztent posalble underthe law. / This document was produced by AIA software at 13:02:23 on 02/15/2012 under Order No.5907428800_1 which expires on 01/17/2013, and Is not for resale, User Notes: (1231447113) liability or tort liability on the part of the 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 Construction Manager and Architect do not issue a Certificate for Payment or a Project Certificate for Payment, through no fault of the Contractor, within fourteen days after the Construction Manager's 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 Construction Manager and Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, stop the Work until payment ofthe 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 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 notify the Construction Manager, and the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to wmplete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not sufficiently complete in accordance with the requirements of the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or wmect such item upon notification by the Architect. h1 such case, the Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. § 9.8.4 When the Architect, assisted by the Construction Manager, determines that the Work or designated portion thereof is substantially complete, the Constmction Manager will prepare, and the Construction Manager and Architect shall execute a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance ofresponsibilities assigned to them in such Certificate. Upon such acceptance and wnsent 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 acwrdance 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 agcement 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 and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall AIA Document A2321° - 2009 (formerly A201 T°CMa - 7992). Copyright ®1992 antl 2009 by The American Institute of Architects. AI I rights reservetl. Init. WARNING: Thla AIA° Document la protected by U.S. Copyright Law antl Intematlonal Trestles. Unauthodzed reproduction or tlletd6utlon of this AIA° 30 Document, orany portion of it, may result In severe civil end criminal penaitlea, and will be prosecuted to the maximum extent possl6le antler the law. / This document was produced by AIA software et 13:02:23 on 02/15/2012 under Order No.5907429000_1 which expires on 01/17/2013, and is not for resale. User Notes: (1231447113) be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condttion of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions ofthe Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon completion ofthe Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Applica$on for Payment. Upon receipt, the Construction Manager will evaluate the completion of Work of the Contractor and then forward the notice and Applicatton, with the Construction Manager's recommendations, to the Architect who will promptly make such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fidly performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their on-site visits and inspections, the Work has been completed in accordance with terms and wndifions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for 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, [he Contractor may famish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all vests and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and 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 fiilly completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been famished, the written wnsent 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 through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. AIA Document A232TM - 2009 (formerly A201 *"CMa- 7992). Copyrlght ®1992 end 20D9 by The American Institute of Architects. All rights reserved. Init. WARNING: Thla AIA° Document la protected by U.S. Copyrlght Lew and Intematlonal Trestles. Unauthodzed reproduction or dlatdbutlon of thta AIA° 31 Document, oreny portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the mexlmum extent pwelbie under the law. / This document was produced by AlA Software at 13:02:23 on 02/75/2012 under Order No.5907428900_1 which elrylres on 01/17/2013, antl Is not for resale. User Notes: (1 2 31 4 4711 3) § 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. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Construction Manager's responsibilities for review and coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performingportions of the Work and not directly employed by the Construction Manager. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or offthe site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations and lawful orders ofpublic 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 execufion 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, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, aSubcontractor, aSub-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, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any ofthem, or by anyone for whose acts any ofthem may be liable, and not ath'ibutable to the fault or negligence of the Contractor. The foregoing obligations ofthe Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.81njury or Damage to Person or Property If either parry suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, AIA Document A232*" - 2009 (formerly A201 T"CMa -1992). Copyri9hl ®1992 end 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: Thla AIA° Document la protected by U.S. Copydght Lewend Internallonal Trestles. Uneuthodzed reprotluctlon ordlaWbutlon of thla AIA° 32 Document, or any portion Of IL may result In Severe clvll entl crlminel penaltlea, end wlli be proaecutetl to the maximum Extant poaal6le undarlha law. ) Thls document was produced byAlA software at 13:02:23 on 02/15/2012 under Order No.5907429900_7 which expires on 01/17/2013, and Is not far resale. User Notes: (1231447113) 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 invesfigate 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 if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including butnot limited to, asbestos or polychlorinated biphenyl (PCB),encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. § 10.3.2 Upon receipt ofthe Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall famish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task ofremoval or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. Ifthe Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resumed upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up. § 10.3.3 To the fullest extent pernutted bylaw, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Consttucfion Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising orit 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 m 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 extentthat the cost and expense are due to the Owner's fault or negligence. § 70.3.6 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. § 10.4 Emergencies h1 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 AIA Document A232TM' - 2009 (formerly A201 *"CMa-1992). Copyright ®1982 and 2009 by The American Insatute ofArchilecls. All rights reserved. Init, WARNING: Thle AIA' Document la protected by U.s. Copydght Lewand Intematlonal Trestles. Unaulhodzed reproducUOn or dlstdbutlon of this AIAm 33 Document, orany portion of It, may result In severe civil and criminal peneltles, and will ba proseculetl to the maximum extent poeal6le underthe law. / This documentwes produced by AlA software at 13:02:23 on 02!15/2012 under Order No.5907429900 1 which wryires on 01/17/2013, and is not for resale. User NOtes: (1231447113) 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 which are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injuryto or destruction oftangible 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; and .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 bylaw, 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 ofthe 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 submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall wntain 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 wmpleted 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 expirafion of the time required by Section 11.1.2. htformation concerning reduction of coverage shall be famished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Construction Manager, the Construction Manager's wnsultants, 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 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 Property Insurance § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract 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. AIA Document A232T"-2009 (formerly A207 T"CMa-7892). Copyright ®1982 and 2009 by The American Institute of Archlfects. All rights reserved. Init. WARNING: Thla AIA° Document la protected by U.S. Copydght Law and International Trestles. Unauthorized reproduction ortlistdbution of this AIA® 34 Document, or any poRlon of It, may result In severe civli end criminal penalties, and will be prosecuted to the maximum extant possible under the law. / This document was produced 6y AIA Software at 13:02;23 on 02/15/2012 under Order No.5907428800_1 which expires on 01/17/2013, end is not for resale. User Notes: (7231447113) § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Architect's, Contractor's, and Construction Manager's services and expenses required as a result of such insured loss. § 11.3.L2Ifthe 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 wmmencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain inswance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable vests 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 inswance shall cover portions of the Work stored offthe site, and also portions of the Work in transit. § 11.3.1,5 Partial occupancy or use in accordance with Section 9.9 shall not commence unfit the insurance company or wmpanies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Conttact Documents or by law, which shall specifically weer such insured objects during installation and until final acceptance by the Owner; this inswance shall include interests of the Owner, Construction Manager, Contractor, Subconttactors 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 inswance 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 inswance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5If during the Project wnsttuction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those inswing the Project, or if after final payment property insw~ance is to be provided on the completed Project through a policy or policies other than those inswing the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property inswance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposwe to loss may occw, the Owner shall file with the Contractor a espy of each policy that includes inswance wverages 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 wntain 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 gives 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-subconhactors, agents and employees each of the other, and (2) the Construction Manager, AIA Document A232TM-2009(formerly A201 iMCMa-7992). Capydght®7992 and 2009 by The American Institute of Architects. All rights reserved. Inlt. WARNING: Thla AIA° Document la protectetl by U.e. Copydght Lewentl Internatlonal7reatles. Unaulhorized reproducaon ortlletdhutlon of thls AIA° 35 Document, or any poRlon of It, may result In severe clvll end crlminal penaltlea, end will be prosecuted to the maximum extant posal6le undertha law. f Thls document was produced by AIA software et 13:02:23 on 02/15/2012 under Order No.590742t7800_1 which e~ryires on 01!17/2013, and is not for resale. User Notes: (7231447173) Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Constmction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate ageements, 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. § 11.3.9If required in writing by a party in interest, the Owner as fiduciary shall, upon oceurrence of an insured loss, give bond for proper performance of the 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 acwrdance with such agrcement 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 wnvenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.70 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 distribution of insurance proceeds in accordance with the directicn ofthe arbitrators. § 11.4 Pertormance 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 wpy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.7.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, ifrequested in writing by either, be uncovered for their observation 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 which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, 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 one of the other Contractors in which event the Owner shall be responsible for payment of such costs. AIA Document A232'" - 2009 (formerly A201 T"CMa -1992). Copyright ®1992 and 2009 by The Amedcan Ins0lute of Architects. All rights reserved. Init. yygRNING: Thla AIA° Document la protected by U.S. Copydght Law antl Intemallonal7reatlea. Unauthodzetl reproduction ordlatrlbutlon of this AIA° 37i Document, oreny portion of it, may result In severe civil end criminal penalties, end will be prosecuted to the maximum extant possible antler tha lew. ) This tlacument was protluced by AIA software at 73:02:23 on 02/15/2012 under Order No.5907425900_1 which expires on 01/17/2013, and is not For resale. User Notes: (1237447113) § 72.2 Correction of Work § 12.2.1 Before ar After Substantial Completion The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements ofthe Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 Tn 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 ofthe 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 wrrection, the Owner waives [he rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 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 or other Multiple Prime Contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation ofthe Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents maybe sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12,3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Conhact 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 AIA Document A232T'"-2009 (formerly A201'"CMa -18821. Copyright ®1992 end 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document la protected by U.S. Copydghl Lewend Internetlonal Trestles. Unauthorized reproduction ordlatdbutlon of this AIA° 37 Document, ar any portion of It, may resun In severe civil entl criminal penalties, end will be proaecutad to the maximum extent poealble antler the law. / This document wes produced by AIA software al 13:02:23 on 02115/2012 under Order No.590742t1800_i which expires on 01/17/2013, end Is not for resale. User Notes: (1231447113) 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 censtruction 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 § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to andnot 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, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 Tests and Inspections § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that the Construction Manager and Architect maybe present for such procedures.llre Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contmctor shall give timely notice to the Construction Manager and Architect ofwhen and where tests and inspections are to be made so that the Construction Manager and Architect maybe present for such procedures. Such costs except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3If 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 vests made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contrail Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architeil. § 13.5.5Ifthe Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architeil will do so promptly and, where practicable, at the normal place of testing. AIA Document A232*"- 2009 (formerly A207T"CMa-7992). Copyright ®1892 end 2009 by The American Ins9lute of Archllecls. All rights reserved. Init• WARNING: This AIA® Document la protected by U.S. Copyright Law and Intemationel Trestles. Unauthorized reproduction ordlsttlbuaon of this AIA° 39 Document, or eny portion of It, may result In severe civil and criminal penalties, end will be prosecuted to the maximum extant poaalble antler the law. / This document wes produced by AIA software at 13:02:23 on 02/15/2012 under Order No.5907429800_7 which expires on 01/17/2013, end Is not for resale. User Notes: (1231447113) § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.61nterest 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 the Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other azising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreementwithin 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 the 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 wntract with the Contractor, for any ofthe 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 ofgovernment, such as a declazation ofnational emergencythatrequires all Workto be stopped; .3 Because the Construction Manager has not certified or 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, 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. § 94.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3Ifone ofthereasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and rewver 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, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.7 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 law&1 orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. AIA Document A232'"- 2009 (formerly A201 }MCMa-19921. Copyright 01882 end 2009 by The American InsOtute of Architects. All rights reserved.. Init. WARNING: This AIA° Document la protected by U.e. Copydght Lew and Intematlonal Trestles. Unauthorked reproduction or tlletdbutlon oFthi~ AIA° 39 Document, orany portico of it, may result In severe civil end eriminal penalties, end will be prosecuted to the maalmum extent possible antler the law. / Thls documentwas produced by AIA so(lware et 13:02:23 on 02/15/2012 antler Order No.5907429900_1 which expires on 01/17/2013, and Is not for resale. User Notes: (1231447113) § 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and 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 of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive fin~ther payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensafion for the Construction Manager's and 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 maybe, shall, upon application, be certified by the Inifial Decision Maker after consultation with the Construction Manager, and this obligation for payment shall survive termination ofthe Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and fime caused by suspension, delay or interruption as described in Secfion 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 this 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 tetminaton stated in the notice, temilnate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3In 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. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract The responsibility to substantiate Claims shall rest with the pazty making the Claim. AIA Document A232*" - 2009 (formerly A201 *"CMa -1992). Copyright ®1992 and 2009 6y The American Inslltute of Architects. All rights reservetl. Init. WARNING: This AIAs Document la protected by U.S. Copytlght Lewand Intemallonal Trestles. Uneuthodzed reproduction or dlaltlbullon of this AIAa 4D Document, or any portion of It, may result In severe civil and criminal penalties, entl will ba proaecutetl to the maximum extent poeslble underthe law. ) This document was produced by AIA software at 13:02:23 on 02!15!2012 under Order No.5907429900_1 which expires on 07/17!2013, and is not for resale. User Notes: (1231447113) § 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be inifiated by written notice to the other party and to the Initial Decision Maker with a wpy sent to the Construction Manager and Architect, ifthe Construction Manager and or Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Construction Manager will prepare Change Orders and the Architect will issue a Certificate for Payment or Project Certificate for Payment in accordance with the decisions of the Tnitia] Decision Maker. § 15.1.4 Claims for Additional Cost. Ifthe Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. § 15.1.5 Claims for Additional Time § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. I73 the case of a continuing delay only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, inceme, profit, financing, business and reputation, and for loss ofmanagement or employee productivity or ofthe 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. § 15.21nltlal 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 h3itial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Ini6a1 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 AIA Document A232*" - 2009 (formerly A207 *"CMa -18921. Copyright 01992 end 2009 by The American InsOtute of Architects. All rights reserved. Init. yypRNING: 7hla AIA° Document la protected by U.S. Copyright Lawand Intematlonal Treatlea. Uneuthorizetl reprotluctlon or tlletdbutlon ofthls AIA° 41 Document, or any portion of It, may result In severe civil antl criminal penalties, entl will be prosecutetl to the maximum extent posalble underthe law. / Thls document was produced by AIA software et 13:02:23 on 02/15/2012 under ONer No.5907429900_t which expires on 01/17/2013, end is not far resale. User Notes: (1231447113) 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 famish 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 fiunished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt ofthe response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect and Construction Manager, if the Architect or Construction Manager is not serving as the Inittal Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of 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 parry 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 hr the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the pazry 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. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concun•entiy with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or wort order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shat] share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolu5on 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 acwrdance 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 pazry to the Contract, and filed with the person or entity administering the arbitration. The party filing a AIA Document A232*" - 2009 (formerly A201 ^"CMa -1992). Copyright ®1882 end 2009 by The American Institute of Architects. All rights reserved. Init. wgRNING: Thla AIA° Document la protectetl by U.S. Copydght Lewend Intemaacnal Treatlea. Unauthorized reproduction ar dlatdbutlon of thla AIA° 4.1 Document, or eny poRlon of It, may result In severe clvll entl crlminal peneltlea, and will be prosecuted to the mazlmum extent possible antler the law. / This document was produced by AIA software at 13:02:23 on 02/15/2012 under Order No.5907428900_7 which er~lres on 01/17/2013, end is not for resale. User Notes: (1231447113) notice of demand for arbitration must assert in the demand all Claims then ]mown to that party on which azbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment maybe entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4Consolldation or Joinder § 15.4.4.1 Either patty, at its sole discretion, may wnsolidate 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 azbittator(s). § 15.4.4.2 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 azbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A232TM-2009 (formerly A201 TMCMa-19921. Copyright ®1992 and 2009 6y The American Institute of Architects. All rights reservetl. Init. WARNING: This AIA° Document is protectetl by U.S. Copydght Law and Intemagonel Trestles. Unauthodzed reproduction or dlstdbuaon of this AIA° 43 Document, or any podlon of It, may result In severe civil and criminal penalties, antl will be prosecuted to the maximum enfant poealbte antler the law. f This document was produced by AlA Software et 13:02:23 on 02/15/2012 under Order No.5907423800 1 which expires on 01/17/2013, and Is not for resale. User Notes: (1231447113) SUPPLEMENTARY CONDITIONS This document supplements, modifies, changes, and adds to the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, Construction Manager as Advisor Edition, AIA Document A232- 2009 for the Project entitled CITY OF MERIDIAN -PARKS MAINTENANCE FACILITY. Deletions from the General Conditions are indicated directly on the General Conditions by a line drawn through the deleted language. The Articles and Paragraphs set forth in these Supplementary Conditions correspond to the Articles and Paragraphs in the General Conditions. In the event that any provision of these Supplementary Conditions is inconsistent with a provision of the General Conditions, as modified, these Supplementary Conditions control. Where any Article, Paragraph, Subparagraph or Clause of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered provisions of the Article, Paragraph, Subparagraph or Clause remain in effect. ARTICLE 1; GENERAL PROVISIONS 1.1.1 In the first sentence, insert ", as modified" after "Contractor" and after "General". Insert the following paragraph as a second paragraph in section 1.1.1: "The Contract Documents also include the Standard Form of Agreement between Owner and Architect, AIA Document B132-2009, as modified, and the Standard Form of Agreement Between Owner and Construction Manager as Advisor, AIA Document C132-2009, as modified. The Contractor ("Contractor") acknowledges that the Contract Documents are adequate and sufficient to provide for the completion of the Work, and include all work, whether or not shown or described, which reasonably may be inferred to be required or useful for the completion of the Work in accordance with all applicable laws, codes and professional standards." 1.1.2 In the second sentence: (a) following "The Contract", insert together with the pertormance bond and payment bond, if any;'; (b) change "represents" to "represent" (b) change "supersedes" to "supersede". 1.1.4.1 The entire project shall be considered as one "portion" unless separate areas or phases are designated for separate completion times or separate areas of completion and occupancy. This definition is for use in determining release of retainage. 1.2 Add the following Subparagraphs: 1.2.4 The "Section Includes" listing at the beginning of the specification section presents a brief indication of the principal Work included in that Section, but does not limit Work to subject. 1.2.5 Anything mentioned in the specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. In case of discrepancy in the figures, in the Drawings, or in the Specifications, the matter shall be promptly submitted to the Architect. 1.2.6 Failure to report a conflict in the Contract Documents prior to bidding shall be deemed evidence that the Contractor has elected to proceed in the more expensive manner without additional compensation to the contractor. 1.2.7 The Specifications have been partially "streamlined" and some words and phrases have been intentionally omitted. Missing portions shall be supplied by inference as with notes on drawings. 1.2.8 The words "approved", "directed", "selected" and similar words and phrases shall be presumed to be followed by "by Architect". The words "satisfactory", "submitted", "reported" and similar words and phrases shall be presumed to be followed by "to Architect". Words like "install", "provide", "furnish" and "supply" shall be construed to include complete furnishing and installing or construction. 1.2.9 Instructions, directions and requirements as specified shall be considered to be followed the SC1 phrase "unless otherwise specified or indicated". 1.2.10 A colon (:) following a material or item shall be used in place of the words, "shall be". 1.5 Add the following: 1.5.3 Each Contractor will be furnished, free of charge, a minimum of two (2) sets of Drawings and Project Manuals for use in construction of this Project. Additional sets will be furnished at the request of the Contractor. 1.7 The Owner, Construction Manager, Contractor and Architect shall endeavor to promote harmony and cooperation among each other and other persons or entities employed for the Project. Owner, Architect, Contractor, Construction Manager, and Subcontractors and others are a team dedicated to providing a quality Project. Each member of the team is committed to (a) preservation and enhancement of the educational mission of the Owner, (b) employee and public safety, (c) protection of the environment, and (d) minimizing inconvenience to the students, faculty, staff and public. To further the team goals, each team member intends to deal with each other in a fair, reasonable, trusting and professional manner, including but not limited to the following: 1.7.1 Each party shall 1.7.1.1 Communicate and resolve problems within the terms of the Contract Documents. 1.7.1.2 Make decisions at the lowest possible level. 1.7.1.3 Communicate openly and honestly. 1.7.1.4 Treat each other with mutual respect, resolve personal conflicts immediately, avoid personal attacks, and focus on the merits of the Project. 1.7.1.5 Timely notify each party of meetings. 1.7.1.6 Attend and support weekly, morning and other meetings. 1.7.1.7 Prevent grudges from intertering with professionalism and the merits of the Project. 1.7.1.8 Admit errors, mistakes and false starts. 1.7.2 Each party shall: 1.7.2.1 In the event of any claim arising from or relating to the Contract Documents or the breach thereof, the parties shall use their best efforts to settle the claim. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to all parties. 1.7.2.2 Notice of any claim by the Contractor, Subcontractor and/or Supplier arising from or relating to the Contract Documents or the breach thereof must be given to the Owner and Construction Manager through a detailed written statement within twenty-one (21) days of the date on which the Contractor, Subcontractor or Supplier knew or reasonably should have known of the facts constituting the claim. The Contractor, Subcontractor or Supplier shall follow the notice provisions in Paragraph 13.13 of these Supplementary Conditions. If notice of claims is not given to the Owner and Construction Manager by the Contractor, Subcontractor and/or Supplier, or any other person required to follow the Contract Documents within this time period and in this manner the claims are forever barred. 1.7.2.3 The Owner, Contractor, Subcontractor and/or Supplier agree to jointly engage the service of a mediator to independently analyze and evaluate the merits of any disputes that may arise between them under the Contract Documents and to assist them in resolving such disputes in an amicable manner, in order to avoid litigation or any other proceeding involving athird-party decision maker. 1.7.3 To promote the team, the performance objectives of each party are: 1.7.3.1 Preserve and enhance the educational mission of the Owner. 1.7.3.2 Complete the Project according to the highest standards of quality. SC2 1.7.3.3 Complete the Project on time. 1.7.3.4 Complete the Project within or under budget or estimates. 1.7.3.5 Continually endeavor to reduce the cost of the Project. 1.7.3.6 Avoid and minimize delays on the Project and the critical path. 1.7.3.7 Maintain public use of the existing Owner facilities. 1.7.3.8 Promote positive public relations. 1.7.3.9 Make the work on the Project enjoyable. 1.7.3.10 Construct the Project and administer the Contract Documents so that all parties are treated fairly. 1.7.3.11 Avoid lost time injuries. 1.7.3.12 Complete the Project without litigation or arbitration. ARTICLE 2; OWNER 2.2.3 Delete Subparagraph 2.2.3 and replace with the follow: The Owner has furnished some information regarding the characteristics of the Project site. The Contractor shall confirm the location of each utility, shall excavate and dispose of each on-site utility and cap each off-site utility as required by the Work and as may be included in the Contract Documents. Owner does not assume any responsibility regarding any surveys, test borings, or other investigations regarding the site, and makes no warranty or guaranty regarding the site conditions. The Contractor shall make such site investigations as the Contractor deems necessary, and make available to the Owner, Construction Manager and Architect all reports of such site investigations. At the time which the Contractor enters into the Contract Documents, the Contractor will have conducted such investigations and interpretations as the Contractor deems necessary, and warrants that the Contract Sum is a just and reasonable compensation for the Work, including all Work impacted by the site. 2.3.1 If, after consultation with the Architect and Construction Manager, suspension of the Work is warranted because of unforeseen conditions which may adversely affect the quality of the Work if the Work were continued, the Owner may suspend the Work by written notice to the Contractor. In such event, the Contract Time shall be adjusted accordingly, and the Contract Sum amount shall be adjusted to the extent, if any, that additional costs are incurred by reason of the suspension. If the Contractor, in its reasonable judgment, believes that a suspension is warranted because of unforeseen circumstances which may adversely affect the quality of the Work if the Work were continued, the Contractor shall immediately notify the Owner, Construction Manager and Architect of such belief. 2.5 The Owner is not obligated, required or responsible for determining whether the Work is constructed in accordance with the Plans and Specifications in a good and workmanlike manner and in conformity with good construction and engineering practice; that responsibility is allocated to the Construction Manager. ARTICLE 3; CONTRACTOR 3.1 GENERAL. 3.2.5 At the time the Contractor enters into the Contract Documents, the Contractor declares that the Contract Documents are full and complete, are sufficient to enable the Contractor to determine the cost of the Work, and the Drawings, Specifications and all addenda are sufficient to enable the Contractor to construct the Work in compliance with all applicable laws, statutes, ordinances, building codes and the Contract Documents. 3.3.4 The Contractor is responsible for timely obtaining inspections by public authorities. The Owner reserves the right to inspect with its own forces. SC3 3.3.5 The Contractor is responsible for all coordination and scheduling of the Work, including coordination and scheduling with the Construction Manager, and Architect for development of plans and specifications and with the Construction Manager for construction. If, after the coordination and scheduling is performed by the Contractor, the Owner, Construction Manager, or Architect delays or disrupts the Contractor's Work, then the Contract Sum or Contract Time shall change, including the possibility that the Contract Sum shall increase. 3.4 Add the following Subparagraphs 3.4.4 and 3.4.5 and 3.4.6; 3.4.4 The Contractor will follow and comply with all rules and regulations of the Owner and the reasonable instructions of Owner's personnel in the conduct of the Work. The Owner reserves the right to require removal of any worker it deems unsatisfactory for any reason. After the Contract has been executed, the Owner and the Architect, after consultation with the Construction Manager, will consider a formal request for the substitution of products in place of those specified only under the following conditions: 1. Required product cannot be supplied in time for compliance with Contract time requirements. 2. Required product is not acceptable to governing authority, or determined to be non- compatible, or cannot be properly coordinated, warranted or insured, or has other recognized disability as certified by Contractor. 3. Substantial advantage is offered to the Owner after deducting offsetting disadvantages including delays, additional compensation to ArchitectlEngineer for redesign, investigation, evaluation and other necessary services and similar considerations. 3.4.5 By making requests for substitutions based on Clause 3.4.4 above, the Contractor: 1. Represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; 2. Represents that he will provide the same warranty for the substitution that he would for that specified; 3. Certifies that the cost data presented is complete and includes all related costs under separate contracts, but excludes the Architect's redesign costs and waives all claims for additional costs related to the substitution which subsequently became apparent; and 4. Will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. 3.4.6 Substitution request shall be submitted on CSI Substitution Request Form (Attachment SR1). 3.5.1 All of the Work shall be done by the Contractor, Subcontractors and Suppliers in accordance with the Plans and Specifications in a good and workmanlike manner and in conformity with good construction and engineering practice and free from defects in materials and workmanship. If the Contractor receives any warranties from Subcontractors or Suppliers, then the Contractor shall assign and deliver such warranties to the Owner. 3.5.2 Warranty period shall be 2 years from the date of substantial completion minimum or for longer periods where specified. 3.6 Add the following: 3.6.1 The Contractor, in consideration of securing the business of erecting or constructing public works in this state, recognizing that the business in which he is engaged is of a transitory character and that in the pursuit thereof, his property used therein may be without the state when taxes, excises, or license fees to which he is liable become payable, agrees: 1. To pay promptly when due all taxes, (other than on real property), excises and license fees due to the state, its subdivisions and municipal and quasi-municipal corporations therein, accrued or accruing during the term of this Contract, whether or not the same shall be payable at the end of such term; 2. That if the said taxes, excises and license fees are not payable at the end of said term, but liability for the payment thereof exists even though the same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and 3. That, ih the event of his default in the payment of securing of such taxes, excises and SC4 license fees, to consent that the department, officer, board, or taxing unit entering into this Contract may withhold from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises and license fees for the benefit of all taxing units to which said contractor is liable. 3.6.2 Before entering into a Contract, the Contractor shall be authorized to do business in the state and shall submit a properly executed CA-1, Contractor's Affidavit Concerning Taxes and WH- 5, Public Works Contract Report. Copies have been included in this package. 3.6.3 Within ten (10) days of receipt of forms from Owner, Contractor shall complete and return to Owner, forms as required by tax collector, showing dates, names, addresses, contracting parties, including all subcontractors and all other relevant information which may be required. 3.7.1 Delete Subparagraph 3.7.1 and substitute the following: 3.7.1.1 The Owner shall obtain and pay for all other permits, fees and connection fees required far construction and completion of the work and required by authorities having jurisdiction. The Contractor shall pay all fees and charges for use of public or private property for storage of materials, etc. 3.7.2 Add the following: 3.7.2.1 All contractors shall comply with the EPA-1990 NESHAP Asbestos Regulation (40 CFR, Part 61), which requires that the following be completed before demolition and renovation projects occur: 1. The Owner shall be responsible to verify that a complete asbestos survey has been performed on the facility in question, before renovation or demolition operations begin. 2. The Contractor shall verify that all regulated asbestos containing materials have been removed from the affected areas before renovation or demolition operations begin. 3. The Abatement and/or Demolition Contractor shall be responsible to submit appropriate completed Notification of Demolition and Renovation Form to USEPA ten (10) working days before demolition projects begin, or verify that a form was submitted prior to asbestos removal beginning. This includes the demolition of structures that contain rio asbestos. 4. As of November 20, 1991, a NESHAP Certified Person must be on any job site where asbestos could be disturbed. 3.7.2.2 The Contractor shall procure all certificates of inspection, use and occupancy, permits, and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. Certificates of inspection, use and occupancy shall be delivered to the Owner upon completion of the Work in sufficient time for occupation of the Project. The costs of such procurement, payment and delivery shall be included within the Contract Sum. 3.12 Add the following Subparagraphs: 3.12.11 A complete schedule of Required Submittals shall be provided to the Construction Manager within ten (10) days after Notice of Award of the Contract. 3.12.12 Any submittal Shop Drawing, Product Data or Sample that does not bear the Contractor's approval stamp shall be returned without review. 3.12.13 Shop Drawings, product Data, etc. shall be submitted in sufficient time to allow not less than twenty-eight (28) working days for the Construction Manager and Architect to examine shop drawings, etc. Liquidated Damages may apply 3.13.3 The site shall be in continual use by the Owner during the construction. The Contractor shall coordinate with the Owner the construction so as to minimize the disruption to the Owner. 3.15.1 Add the following sentence. "Contractor shall employ all reasonable means to prevent construction debris from littering the site or migrating off-site." 3.15.3 In absence of specific cleaning instruction, follow accepted cleaning practices or the recommendation of the manufacturer of the material to be cleaned. The Contractor shall SC5 coordinate with the Construction Manager for the maintenance of streets and sidewalks around the Project site in a clean condition. The Contractor shall coordinate with the Construction Manager for removal of all spillage and tracking arising from the pertormance of the Work from such areas, and shall establish a regular maintenance program of sweeping and hosing to minimize accumulation of dirt and dust at the site. 3.15.4 The Contractor shall be responsible for broken glass, and at the completion of the Work shall replace damaged or broken glass. After damaged or broken glass has been replaced, the Contractor shall remove all labels, wash and polish both side of all glass. 3.18 INDEMNIFICATION. 3.18.1 Delete Subparagraph 3.18.1 and replace with the follow: To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Owner, Construction Manager, 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 pertormance 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) including loss of use resulting there from, but only to the extent caused, in whole or in part, by negligent acts or omissions of the Contractor, or 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 Paragraph 3.18. 3.19 OPERATION AND MAINTENANCE. 3.19.1 "The Contractor shall coordinate as required to provide the information necessary for the Construction Manager to furnish one (1) copy of reproducible "as built" plans relating to the Work and improvements in a form and detail reasonably satisfactory to the Owner. 3.19.2 The Contractor shall coordinate as required to provide the information necessary for the Construction Manager to provide the Owner with two (2) complete copies in loose-leaf binders of all operating and maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipment for the Project, and shall instruct the Owner regarding the operation of all systems, machinery and equipment. ARTICLE 4; ARCHITECT AND CONSTRUCTION MANAGER 4.1.1.2 The Architect, with the concurrence of the Construction Manager, shall supervise and instruct the Contractor regarding matters set forth in the Drawings and Specifications. ARTICLE 5; SUBCONTRACTORS 5.3.1 The Contractor shall require that each major subcontractor and major supplier become a member of the team working on the Project and ascribe to the Partnering Objectives and agreements set forth in Paragraph 1.7. The Owner encourages the early involvement of Subcontractors and suppliers in the Project. 5.3.2 Notwithstanding any provision of paragraph 5.3, any part of the Work performed for the Contractor by a Subcontractor or its Sub-subcontractor shall be pursuant to a written Subcontract between the Contractor and such Subcontractor (or the Subcontractor and its Sub- subcontractor at any tier), which shall be prepared on a form of subcontract satisfactory to the Owner. Each subcontract shall, where the context so requires, contain provisions that: 5.3.2.1 Require each Subcontractor to ascribe to the Partnering Objectives set forth in Paragraph 1.8. 5.3.2.2 Require that the Work be performed according to the requirements of the Contract Documents. SC6 5.3.2.3 Waive all rights the contracting parties may have against one another or that the subcontractor may have against the Owner for damages caused by fire or other perils covered by the insurance described in the Contract Documents. 5.3.2.4 Require the Subcontractor to carry and maintain insurance coverage according to the Contract Documents, and to file certificates of the coverage with the Contractor. 5.3.2.5 Require submission to Contractor or Subcontractor, as the case may be, of applications for payment in a form approved by the Owner, together with clearly defined invoices and billings supporting all the applications under each subcontract to which the Contractor is a party. 5.3.2.6 Report, so far as practicable, unit prices and any other feasible formula for use in the determination of costs of changes in the Work. 5.3.2.7 Require each Subcontractor to furnish to the Contractor in a timely fashion all information necessary for the preparation and submission of reports. 5.3.2.8 Require that each Subcontractor continue to perform under its subcontract in the event the Contract is terminated and the Owner shall take an assignment of the subcontract and request Subcontractor to continue performance. 5.3.2.9 Require each Subcontractor to remove all debris created by its activities. 5.3.3 The Contractor shall not enter into any subcontract, contract, agreement, purchase order or other arrangement ("Arrangement") for the furnishing of any portion of the materials, services, equipment or Work with any party or entity if the party or entity is an Affiliated Entity (as defined in this Paragraph), unless the Arrangement was approved by the Owner and Construction Manager, after full disclosure in writing by the Contractor to the Owner and Construction Manager of the affiliation or relationship and all details relating to the proposed Arrangement. The term "Affiliated Entity" means (a) any entity related to or affiliated with the Contractor or with respect to which the Contractor has direct or indirect ownership or control, including, without limitation, any entity owned in whole or part by the Contractor; (b) any holder of more than 10% of the issued and outstanding shares of, or the holder of any interest in, the Contractor; and (c) any entity in which any officer, director, employee, partner or shareholder (or member of the family of any of the foregoing persons) of the Contractor or any entity owned by the Contractor as a direct or indirect interest, which interest includes, but is not limited to, that of a partner, employee, agent or shareholder. ARTICLE 7; CHANGES IN THE WORK 7.3.7 In the seventh line, delete the words "or if no such amount is set forth in the agreement, a reasonable amount." and substitute "an allowance for overhead and profit in accordance with clause 7.3.11.1 through 7.3.11.6". 7.3 Add the following Subparagraph: 7.3.11 In Subparagraph 7.3.7, the allowance for the combined overhead, insurance, bonds, office and field coordination, supervision, safety, and profit included in the total cost to the Owner shall be based on the following schedule: 1. For the Contractor, for Work performed by the Contractor's own forces, thirteen percent (13%) of the cost. (5% profit; 5% O/H; 2% bond; 1% insurance). 2. For the Contractor, for Work performed by the Contractor's Subcontractor, eight percent (B%) of the amount due the Subcontractor. 3. For each Subcontractor or Sub-subcontractor involved, for work performed by that Subcontractor's or Sub-subcontractor's own forces, 10 percent (10%) of the cost. 4. For each Subcontractor, for Work performed by the Subcontractor's Sub-subcontractor 5 percent (5%) of the amount due the Sub-subcontractor. 5. Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.7. 6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials, equipment and subcontracts. Labor, materials and equipment shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change SC7 involving over $500.00 be approved without such itemization. ARTICLE 8; TIME 8.1.1 Add the following Subparagraph: 8.1.1.1 Refer to attached Project Schedule PS1-PS2. The Contractor will organize and fully staff multiple shifts or weekend work if necessary to complete the work as scheduled. All costs incurred to expedite the work (i.e., air freight, overtime, subsistence, travel, etc.) will be included in the bid price. The minimum workweek shall include Monday through Friday. Each Contractor will be required to submit weekly schedules, attend weekly safety meetings on the site and submit daily reports of is activity on the jobsite. 8.3.1 In Paragraph 8.3.1, in the fifth line, delete the word "arbitration". 8.3.3 Delete Paragraph 8.3.3 and substitute the following: "The Contractor agrees to make nc claim for damages for delay on the performance of this Contract occasioned by any act or omission to act of Owner, its Architect, its Construction Manager, its agents or employees or any other Contractor and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work". ARTICLE 9; PAYMENTS AND COMPLETION 9.2 Add the following Subparagraph: 9.2.1 Submit typed schedule on AIA Document G703 -Application and Certificate for Payment Continuation Sheet. Submit Schedule of Values within ten (10) days after date of Notice of Award: Utilize the Table of Contents of the Project Manual. Identify each line item with number and title of each specification section. Revise schedule to list approved Change Orders; submit with each Application for Payment. 9.3.1 Delete "At least fifteen days" in the first sentence and substitute the following: "On or before the 25th of the month". Add the following sentence: The form of Application for Payment shall be AIA Document G702/CMa. Submit two originals. 9.3.1.3 The Contractor shall not withhold from a Subcontractor or Supplier more than the percentage withheld from a payment certificate for their portion of the Work. 9.3.2 Add the following sentence: Off site storage will not be approved at locations outside the State of Idaho. 9.3.1.4 Progress Payments shall fall due on or about the 25th of each month pending approval per the Owner. 9.3.1.5 Progress Lien Waivers and Conditional Lien Waivers must be signed prior to release of progress payments. 9.8.8.1 Payment or partial payment by the Owner shall not (a) constitute approval or acceptance of any item of cost in the Application of Payment, (b) be construed to be final acceptance or approval of that portion of the Work to which such partial payment relates, or (c) relieve the Contractor of any obligations. 9.8.1.1 Substantial Completion shall not be earlier than the date of a permanent occupancy permit by the governmental authorities. 9.8.5 Add the following sentence at the end of the subparagraph: The payment shall be sufficient to increase the total payment to ninety-five percent (95%) of the Contract sum, less such amounts as the Architect shall determine for incomplete work and unsettled claims. The amount of retainage held for incomplete work and unsettled claims shall be double the value of the items remaining to facilitate completion of work and settlement of claims. SC8 9.10.6 A reasonable sum may be withheld by the Owner until the Contractor delivers to the Owner (a) Record Drawings, Specifications, Addenda, Change Orders and other Modifications maintained at the site pursuant to Paragraph 3.11, (b) the warranties, instructions and maintenance manuals, and (c) a final statement of the Cost of the Work allocated according to the budget and in a form approved by Owner. 9.11 Add the following Paragraphs 9.11 and 9.11.1 to Article 9: 9.11 LIQUIDATED DAMAGES 9.11.1 The Owner will suffer loss if the Project is not Substantially Complete on the date set forth in the Contract Documents. The Contractor (and his Surety) shall be liable for and shall pay to the Owner the sums hereinafter stipulated as fixed, agreed and liquidated damages for each calendar day of delay until the Work is substantially completed. One Thousand Dollars and 9.11.2 The Owner may risk unnecessary delays if completed submittals are not received within 30 calendar days of receiving Notice to Proceed or as specifically required by individual Bid Items. The Contractor (and his surety) shall be liable until all required submittals are transmitted to the Construction Manager. Y<% of the Contract Value per Calendar Dav. Liquidated Damages may be assessed if the Contractor falls five (5) days behind the Project Schedule provided by the Construction Manager. ARTICLE 10; PROTECTION OF PERSONS AND PROPERTY 10.2.4 Delete Paragraph and add the following: No explosives will be allowed on site. 10.2.8 Delete existing subparagraph 10.2.8 and insert the following: 10.2.8 The Contractor shall protect adjoining Owner property and shall provide barricades, temporary fences, and covered walkways required to protect the safety of passers-by, employees of Owner, students and others, as required by prudent construction practices, local building codes, ordinances, state or federal statutes, rules or regulations, other laws, or the Contract Documents. 10.2.9 The Contractor shall maintain Work, materials and apparatus free from injury or damage from rain, wind, storms, frost, snow, ice, heat or sun. If adverse weather makes it unsafe, impossible or infeasible to continue operations because of weather precautions, the Contractor shall cease Work and notify the Owner, Construction Manager, and Architect of such cessation. The Contractor shall not permit open fires on the Project site. 10.2.10 The Contractor shall, and not as part of the Cost of the Work, promptly repair any unplanned damage or disturbance to glass, walls, utilities, sidewalks, curbs, streets and the property of third persons resulting from the performance of the Work, whether by it or its Subcontractors at any tier. The Contractor shall maintain streets and sidewalks in good repair and traversable condition. 10.2.11 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 10.3.3 Delete "not" in the last sentence following "loss of expense". (Changed as per clarification from AIA, December 2011.) ARTICLE 17; INSURANCE AND BONDS 11.1 Contractor shall purchase and maintain insurance as set forth in Section 11.1 of the SC9 Agreement, as supplemented by these Supplementary Conditions of the Contract for construction. This insurance requirement does not limit or qualify the liabilities and obligations assumed by the Owner or Contractor under the contracts. The insurance shall be written for not less than the following limits, or greater if required by law. 11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add: including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupations, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project. 11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add: or persons or entities excluded by statute from the requirements of Clause 11.1.1.1 but required by the Contract Documents to provide the insurance required by that Clause. 11.1.1.8 Add the following sentence to Subparagraph: If this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G715 - 1991, Certificate of Insurance or ACORD Form 25. If this insurance is written on a Commercial General Liability policy, ACORD Form 25S will be acceptable. 11.1.4 Delete subparagraph 11.1.4 and add the following: Workers' Compensation: Contractor shall maintain Workers' Compensation insurance in the amount of the statutory limits and comply in all respects and regulations concerning the employment of labor required by any duly constituted authority having legal jurisdiction over the area in which the work is performed, and shall be written for not less than the following limits: a) State: Statutory b) Employer's Liability $100,00 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 11.1.5 Commercial General Liability: Contractor's policy shall be primary to the Owner's insurance, and shall include: premises operations, Owners and Contractors protective liability, independent contractors, products and completed operations liability, contractual liability in support of this Contractor's indemnity requirements, broad form property damage liability and blanket contractual liability, personal injury with employee and contractual exclusions removed, and explosion, collapse and underground damage coverage: (a) For any claim for bodily injury, property damage or due to contractual liability, limits of not less than $1,000,000 per occurrence. (b) For products and completed operation coverage, coverage is to be maintained for a period of two (2) years following final payment. (c) For the hazards of explosion, collapse and underground, commonly referred to as XCU, coverage shall be required if the exposures exist. This coverage may be provided by the subcontractor if the State and prime contractor are named as additional insured. (d) For personal injury liability, limits of not less than $100,000 per occurrence. (e) General Aggregate shall not be less than $2,000,000 (f) Fire legal liability shall be provided in an amount not less than $100,000 per occurrence. 11.1.6 Comprehensive Automobile Liability: Business auto liability (including all owned, non- owned, and hired vehicles) in an amount of not less than $1,000,000 combined single limit. 11.1.7 Contractor shall have an Equipment Policy with limits adequate to protect the Owner. 11.1.8 Additional Insureds: The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Construction Manager, the Construction Manager's consultants, the Owner, the Architect, and the Architect's consultants as additional insureds for claims in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations and the Contractor's completed operations for the insurance SC10 required in 11.1. The insurance shall contain the severability of interest clause as follows: "The Insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's 'liability"'. The Construction Manager, the Construction Manager's consultants, the Owner, the Architect, and the Architect's consultants shall be additional insureds including completed operations for a period of two (2) years following final payment as evidence by an endorsement of the insurance policy by the combination of either the ISO Form CG2010 and CG2037 or the combination of CG2033 and CG2037 or equivalent forms. In addition, Contractor's policy shall provide that the Contractor's insurance is primary to the Owner's insurance. 11.1.9 The Contractor shall require all subcontractors of any tier to provide Comprehensive General Liability Insurance with combined single limits for bodily injury and property damage of at least $1,000,000 per occurrence and Comprehensive Automobile Liability Insurance for all owned, non-owned and hired vehicles with combined single limits for bodily injury and property damage of at least $1,000,000 per occurrence. 11.4 Add the following Subparagraphs: 11.4.1 The Contractor is required to furnish bonds covering faithful performance of the Contract and payment of the obligations arising thereafter as stipulated in bidding requirements, negotiated by the parties, or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.3 The Contractor shall furnish a Surety Company Bond in the amount of one-hundred percent (100%) of the Contract Price covering one-hundred percent (100%) performance and maintenance and one-hundred percent (100%) payment with such sureties and/or agency as selected or approved by the Owner. 11.4.4 The Bond shall include maintenance provisions covering workmanship and materials for a period of two (2) years or for longer periods where so specified, from and after the .Date of Substantial Completion. The Contractor shall include the cost of the Bond as part of the Contract Price. 11.5 Add the following new Paragraph: 11.5 Indemnity 11.5.1 The Contractor shall indemnify, defend and save harmless the Owner, the Construction Manager, the Architect and the Architect's Consultants from and against all claims, damages, costs, legal fees, expenses, actions and suits whatsoever including injury or death of others or any employee of the Contractor, Subcontractors, agents or employees, caused by failure to comply fully with any term or condition of the Contract, or caused by damage to or loss of use of property, directly or indirectly, by the employees and occasioned by the negligence of the Contractor, his agents, subcontractors or employees. ARTICLE 12; UNCOVERING AND CORRECTION OF WORK 12.1.3 No work shall be covered prior to (a) notice to and opportunity for the Owner to inspect, and (b) inspection by appropriate government authorities. 12.2 Add the following Subparagraph: 12.2.1.1 The Contractor's obligation to correct Work set forth in Paragraph 12.2.1 also applies to Work rejected by the Owner or government authorities. 12.2.2.1 In the first sentence change within "one' year to within "two" years. In the third sentence change during the "one" year period to during the "two" year period. 12.2.2.2 Change "one-year" period to "two-year' period. 12.2.2.3 Change "one-year" period to "two-year" period. 12.2.5 In the second sentence change establishment of the "one" year period to establishment of the "two" year period. 12.2.6 Statute of limitations shall commence to run and any legal cause of action shall be deemed to have accrued in any and all events in accordance with Idaho law. SC11 ARTICLE 13; MISCELLANEOUS PROVISIONS 13.4 Add the following Subparagraphs: 13.4.3 Contractors supplying materials only will be subject to retainage and will be required to supply lien releases with each payment request and with final pay request. 13.6 Delete Paragraph 13.6.1 and substitute the following: 13.8.1 Payments due and unpaid under the Contract Documents, thirty (30) days from date received by the Architect, shall bear no interest until thirty (30) days past due, thereafter, they shall bear interest at the rate of eight percent (8%) per annum calculated from thirty (30) days past due, sixty (60) days from date received by the Architect, until the date of the check as posted by the Owner. 13.8 Add the following: 13.8.1 Each Contractor and his subcontractors and sub-tier contractors shall comply with all Idaho Statutes with specific reference to Public Works Contractor's State License Law, Title 54, Chapter 19 and Chapter 52, Idaho Code, as amended. 13.9 Nothing contained in the Contract Documents shall be construed as creating a joint venture, partnership or agency relationship between the parties. 13.10 The Architect, Construction Manager, Contractor, and any other person required to follow the Contract Documents agree not to discriminate against any employee or applicant for employment in the performance of the Contract Documents with respect to tenure, terms, conditions or privilege of employment, or any matter directly or indirectly relating to employment because of race, sex, color, religion, national origin, disability, ancestry or status as a Vietnam veteran. Breach of this Paragraph may be regarded as a material breach of the Contract Documents. 13.11 The parties agree that the terms and conditions of the Contract Documents shall be held in confidence except as required by or for applicable disclosure and other laws and regulations, financing sources, enforcement of the Contract Documents, mergers and acquisitions, or as otherwise mutually agreed by the parties and such agreement shall not be withheld unreasonably. 13.12 No party to the Contract Documents shall, without express written consent in each case, use any name, trade name, trademark, or other designation of any other party hereto (including contraction, abbreviation or simulation) in advertising, publicity, promotional, or any other activities or context. 13.13 Any notice under the Contract Documents shall be in writing and shall be delivered in person or by public or private courier service (including U.S. Postal Service Express Mail) or certified mail with return receipt requested or by facsimile. All notices shall be addressed to the parties at the following addresses or at such other addresses as the parties may from time to time direct in writing: OWNER: City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Attention: Ted Baird -City Attorney SC12 CONTRACTOR: Phone: Fax: ( ) Attention: ARCHITECT: Insight Architects, P.A. 2238 Broadway Avenue Boise, Idaho 83706 Phone: (208) 338-9080 Fax: (208) 338-9067 Attention: Dana Kauffman CONSTRUCTION MANAGER: Kreizenbeck Constructors 11724 West Executive Drive Boise, Idaho 83713 Phone: (208) 336-9500 Fax: (208) 336-7444 Attention: Mike Berard 13.15 LAW GOVERNING. This Agreement is governed by the laws of the State of Idaho. ARTICLE 14, TERMINATION OR SUSPENSION OF THE CONTRACT 14.2 Add the following: 14.2.1.5. Falls ten (10) days behind the Project Schedule provided by the Construction Manager. END OF DOCUMENT SC13 Meridian City Council Meeting DATE: February 28, 2012 ITEM NUMBER: $E PROJECT NUMBER: ITEM TITLE: Fire Department: Budget Amendment for FEMA Fire Prevention and Safety Smoke Alarm Grant for aNot-to-Exceed Amount of $27,861.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS aaoom C 'Q~ 7(p N~ N y ~ ~' 0 3 ~ ~ ~ ~ N ~3~.0 O ~ = C ~GFmc mddfD ~~v ~~a ~ ~ ~ ~ oo,<_•S a N ~ o y 3. n~~~ A ~ C a at3>> '~ ~ a3 o mta m~~1D m B ~ ~ G 7 n' ~ a ~~ a m ~ o ~ N ~ N d S ~ 3 ~,~~3 N C 7 a o ~ 3 ~ n ~ ~ -~ ~' m ,~ ~~ c d~ ~ ~ n ~ fD w a3 c~ c as ri~ Fd f1 ~ "a_ a~ a T N N O V N Obi F' t, r o° °o m w 7 ~~~pp C y N ~, O 7 N Q ro 0 N o o ,~ c n N ~ ~o a °" S 7 m w n ~ n ~~ ua N (D c n a N s (D C a N a o~ X v m Q 1 ~ O c ti c ~ QQ ~ ~ N ~' ~„ °' o ,~, S ~ o m m 3 D o x m m o °' o 3 ~ ~ N ~~ o`~ Q ~ m ^ m ~ o w ~? 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