HomeMy WebLinkAbout01-23-19-12/Vision Painting, Inc/94,872/Standard Form of Agreement Between Owner and Contractor – Brookshire Golf ClubRESOLUTION NO. BPW 01-23-19-12
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING RECEIPT OF CONTRACT
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to
enter into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the
City; and
WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C.
Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for
review.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to
the public for review.
SO RESOLVED this day of I/t , 201d'
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
ATTEST:
Christine Pauley, Clerk -Treasurer
Date:
T
SAE Bass\My Documents\BPW-Resolutions\2019\Acknowledge Vision Painting, Inc..docxl/14/2019 11:58 AM
Document Al 321" — 2009
Standard Form of Agreement Between Owner and Contractor, Construction Manager
as Adviser Edition
AGREEMENT made as of the ____ day of October in the year 2018
(In wo)ds, indicate dah, nfonth rntd year.)
ADDITIONS AND DELETIONS:
BETWEEN the Owner:
The author of this document has
(Aranie, legal slatilts, address and other inlornratioll)
added information needed for its
completion. The author may also
City Of C8MICI ("City" or "O+vner")
have revised the text of the original
Department of Administration
AIA standard form. An Additions and
City Hall — Third Floor
Delettolis Report that notes added
One Civic Square
information as well as revisions to the
Carmel, Indiana 46032
standard form text is available from
the author and should be reviewed. A
and the Contractor:
vertical line in the left margin of this
document Indicates where the author
(Name, legal status, address and other illfOtnlation)Vision Painting, Inc.8035 Craig Street
has added necessary information
Indianapolis, Indiana 46350
and where the authorhas added to or
deleted from the original AIA text.
for the following Project:
(Arame, location and detailed description)
This document has important legal
consequences. Consultation with an
City ofCarmel - Brookshire Golf Club — Club House, Bath House and Pool
attorney Is encouraged with respect
to its completion or modification.
12120 Brookshire Parkway
Carmel, IN 46033
This document Is Intended to be used
The Construction Manager;
In conjunction with AIA Documents
(Arame, legal states, address and other h fwrnalion)
A232"'-2009, General Conditions of
the Contract for Construction,
Anova Technical Services, LLC ("Anova" or "CM")
Construction Manager as Adviser
319 N. Alabama Street, Suite 110
Edition; B132TM-2009, Standard
Indianapolis, IN 46204
Form of Agreement Between Owner
and Architect, Construction Manager
The Architect:
as Adviser Edition: and
(,Yarn, legal stales, address and other infortrration)
C132m-2009. Standard Form of
Agreement Between Owner and
Ratio Architects, Inc. (Ratio" or "Architect")
Construction Manager as Adviser.
AAIA Document A23210-200913
101 South Pennsylvania St
adopted in this document by
Indianapolis, iN 46204
reference. Do not use with other
general conditions unless this
document Is modified.
CONTRAcrOR
SCOPE OF WORK: Provide all labor, material, supervision, services, supplies,
machinery, equipment, storage and rigging as required to
complete all of the Project ("Work") for the Bid Package # t 1
Painting Work, as described in the Contract Documents for the
Project, including those set forth in the attached Exhibit "A",
Contractor Scope of Work and in the attached Exhibit "B", List
of Applicable Drawings and Specifications.
This Project will require coordination of critical work
associated with other Prince Contractors performing other Did
Packages. Contractor shall schedule, sequence, coordinate and
Init. AIA Document A132- — 2009 (formerly A101-CMa—1992). CopyrightA i075. 1980, 1992 and 2009 by Tha American Institute of Architects. An rights
reserved. WARNING. This Alk nocuroe etit 1: prolec[off by U.S. Copyright lair and IntornaL'onal Tre3Iies Unxuthodud reproduction or dislribullun of
tAis AIA` Do:um^iI, or an, pnrSWn of it, may resuit in seyoro civil and cI;ndnal penalties. and v.ifl be prosecuted to the mm aximuextent possRA2 under
/ the law. This document was produced by AIA software at 15.02.35 on 10/18/2018 under order No 4211656412 which expires on 03t13/2019. and is not for resale.
User Notes:
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perform the Work in such a manner as not to impede, hinder, interfere with or delay (lye
work of these other ongoing Prime Contractors at the Project.
The Work is further described in the Division 00 Specification, Section 001000, Summary
of Work, and in the Plans and Specifications prepared by the Architect. It shall consist of
items required for or incidental to the completion of such Work in strict
accordance and conformity with and as more fully described in the Contract
Documents,
CONTRACT PRICE: The Contract Price shall be a Lunip Sum of Ninety -Four Thousand Eight Hundred
Seventy -Two Dollars ($94,872.00).
ALLOWANCES: The Contract Price includes a Contingency Allowance in the amount of Ten Thousand
Dollars ($10,000.00) for use by the Owner at its discretion and as directed by the Owner.
ALTERNATES; The Contract Price and Scope of Work includes the following ADD Alternates selected by
the Owner: NONE
RETAINAGE: Ten Percent (10%) shall be withheld under this Contract until Fifty Percent (50°%)
completion. See Article 5 below.
BONDS: 100% Performance and Labor and Material Payment Bonds are required as a condition of
this Contract. See § 10,1 and § 10.2 of the Contract Amendments Attachment and $11.3 and
its subparts, of the City of Carmel Supplementary Conditions.
PROJECT COAINI ENCEMENT: The Contract Work shall commence upon issuance of the Notice to Proceed by
the City.
PROJECT COMPLETION: The Contract Work shall be substantially completed by (he 261h day of March, 2019
and shall be finally completed by the 26'h day of April, 2019, Contractor should anticipate working on all accelerated
basis, as necessary, in order to meet the Substantial Completion date. The Contract Work, including all remaining
punch list work and close out documentation to be submitted to Owner, shall be finally completed by the Final
Completion date.
LIQUIDATED DAMAGES: Liquidated Damages are not required as a condition of this Contract. See Article 3,
ATTACHMENTS: Attachment No. I Prime Contract Amendments Attachment
Attachment No. 2 Article I I Additional Terns Attachment
Attachnyent No. 3 City of Carmel Supplementary Conditions
EXHIBITS:
Exhibit "A"
Contractor Scope of Work
Exhibit "B"
List of Applicable Drawings and Specifications
Exhibit "C"
Project Construction Schedule
Exhibit "D"
Contractor Pre -Construction Verified List of Subcontractors and Suppliers
Exhibit "E"
Contractor Periodic Verified List of Subcontractors and Suppliers
Exhibit "F"
Contractor Application for Payment
Exhibit "O"
Contractor Affidavit, Partial Waiver and Release of Lien
Exhibit "H"
Contractor Affidavit, Final Waiver and Release of Lien
Exhibit "I"
Subcontractor Affidavit, Partial Waiver and Release of Lien
Exhibit IT'
Subcontractor Affidavit, Final Waiver and Release of Lien
Exhibit "K"
Contractor Unconditional Waiver and Receipt of Payment
Exhibit "L"
Subcontmctor, Unconditional Waiver and Receipt of Payment
Exhibit "M"
Request for Proposal
Exhibit "N"
Construction Change Directive
Exhibit "O"
Contract Change Order
toll. ALA Document A132-- 2009 (formerly A101-CMa—1992). CopyrightO 1975, 1990, 1992 and 2009 by The American Institute of Architects. All rights
reserved. VIA RNIKG: this AIA' Document is I,rotecIod by U.S. Copyright Larr and International 7rf: tics. Uneuthorized reproductio(to I
or distribution of 2
Ihts AIA' Document, or any pmtlon of A. play resu't in severe civil and criminal panattles, and will he prosecuted to the roaxbnwn extent possible under
! the law. This document was produced by AIA so%varer at 13:02:35 on 10I18/201a under Order No.4211656412 whlch expires on 03113/2019. and Is not for resale.
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Exhibit "P"
Field Order
Exhibit "Q"
Request for Information
Exhibit "R"
Architect Supplernental Instructions
Exhibit "S"
Contract Change Request
Exhibit "T"
Contractor Warranty
Exhibit v,
Contractor Warranty Bond
Exhibit' V"
City of Carmel E-Verify Affidavit
Owner and Contractor agree to the terms above and as set forth beloly in the follo)ving Articles I through I I
hereof and in (lie Exhibits attached hereto, all of»hich are a material part of this Contraa
lots. ar^ uoeument A13z — 20D9 (►orsnarly A101 MCMa —1992} Copyright 0 1975. 1980.1992 and 2009 by The Amedraa Institute of Architects. All rights
reserved. VlARIONG, this AIA} Document A protected by U.S. Copyright Law and Int..nIA:onat Trcilirs. Vnaulhotized mproductlon or dilbibu9nn 01
lids AIA` Document. or sny portico of it may result 61 severe civil and erimint.l penallics, and will Ise proseected to iha max:rourn O)tent posOhl z (Dole(
this law. This document was produced by AIA software at 15.02:35 on 1011812018 under Order No.4211656412 which expires on 03113Q019, and Is not for (*sate.
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TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
1 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
EXHIBIT A DETERMINATION OF THE COST OF THE WORK
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplemental), and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are
as fully a part of the Contract as if attached to this Agreement or repeated herein, The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. An enumeration of file Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement ofthe Work shall be the date of this Agreement unless a different date is stated below
or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(hnsei9 the date of connniencement, ifit differs from the date of this: fgreenrent or, if opplieable, stare that tire date will
be fired in a notice to proceed)
The date of commencement shall be immediately following the issuance of the Notice. to Proceed by the City to
Contractor as stated on Page 2 ofthis Contract.
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other
security interests, the Owner's time requirement shall be as follows;
Not applicable.
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date
of commencement, or as follows:
(Insert number gfcalendar da},s. Alre, uatirelj; a calendar dole ma{t• be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of cerlain portions of the
3f'ok.J
Init, AIA Document A132TM - 2009 (formerly AW-CMa—1902). Copyright O 1975, 1960. 1992 and 2009 by The American Institute of Architects. All rights
reserved. wARNI.rG: this AIA' Doauoont is protected by U.S. Copiritiht Lin and International Treaties. Unauthorised reprcducllon or dlslrihrrtion of 4
Ihis AIA'' Documenl. ur soy portion writ, may result in scvora civii and criminal panalticz, and vAll be prosecuted In the mar.imum extent poss-bte under
! tht, law. This documentwas produced by AlA software at 15 02:35 on 10flet2018 under Order No 4211656412 which expires on 03t1372019, and is notfor resale.
user Notes: (1450010947)
Contractor shall achieve Substantial Completion of the entire Work under this Contract not later than the date stated on
Page 2 of this Contract.
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if an),, (or liquidated danrager relating to fadure to achieve Substantial Connpletion oil titre orfor
bon as pajunents for early c•ompletlon ojthe !York.)
This Contract is not subject to Liquidated Damages. There is no early completion bonus.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of tite
Contract. The COntraet Sum shall be one of the following:
(Check the appropriate box)
[ X J Stipulated Sum, in accordance with Section 4.2 below
( J Cost of the Work plus tie Contractor's Fee without a Guaranteed titaxinulm Price, in accordance
with Section 4.3 below
[ J Cost of the Work plus the Contractor's Fee with a Guaranteed \9aximum Price, in accordance Nvith
Section 4.4 below
(Based on the selection above. complele Section 4.2, 4.3 or 4.4 below. Based (?if the selection above, also eonnplete
elther Section 5.1. 4, 5.1.5 or J. l.6 helow.)
§ 4.2 Stipulated Sum
§ 4.2.1 The Stipulated Sum shall be the Amount stated on Page 2 of the Contract , subject to additions and deletions as
provided in the Contract Documents.
§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in tile Contract Documents
and are hereby accepted by the Owner:
(State the numbers or other identification ofacc•epted alternates. ifihe bidding or proposal doctmuents pernfit the
Owner to accept other alternates subsequent to the execution of this Agreentent, attach a schedule ojsuch other
alternates sholving the mnonrnt for each and the date when that anfou nt expires.)
See page 2 of the Contract.
§ 4.2.3 Unit prices, if any:
(Paragraphs deleted)
Not applicable.
(Table deleted)
§ 4.2.4 Allowances included in the Stipulated Sum, if any:
(Paragraphs deleted)
The amount of any Allowance is stated on Page 2 of the Contract.
§ 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price Not applicable,
§ 4.3.1 The Contract Surn is the Cos(of ilie Work as defined in Fxliibit A, Determination of the Cost of the Work, plus
the Contractor's Fee,
§ 4.3.2 The Contractor's Fee:
(State a hump sunn, percentage of Cost o%the Work or other provision for determining the Contractors Fee)
Init. ALA Document A132- - 2009 (formerly A101 TMCMa — 1992). Copyright 1975. 1980, 1992 and 2009 by The American Institutehit of Architects. All rights
reserved. WARnIRG: 71i1: AIP; Oocumenl Is protected by U.S. CotryrighI Law and Inti-rratiunal Treetits Unatdhorizcd rcpuductinn or dlst rib ullon c•r
Ihls AIA' Uacumanl, a and polt'on of It, may result in seven• civil and criadnaI penalttes, and vblI be pre serup:,.l to the Ina .irnum extent possIhto under
t the taw. This document was produced byAlA software at 15:02,35 on 10/1812019 under Order No.4211656412 which expires on 0311312019, and is not for resale.
User Notes:
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§ 4.3.3 The method of adjustment orthe Contractor's Fee for changes in the Work:
§ 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work:
§ 4.3.5 Rental rates for Contractor -owned equipment shall not exceed percept ( %) of the standard rate paid at the
place of the Project.
§ 4.3.6 Unit prices, if any:
(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
§ 4.3.7 The Contractor shall prepare and submit to the Constniction Manager for the 0w7ter, in writing, a Control
Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.I of
Exhibit A, Determination of the Cost of the Work.
§ 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price Notapplicable.
§ 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Detennination ofthe Cost of the Work, plus
the Contractor's Fee.
§ 4.4.2 The Contractor's Fee:
(state a hump start, percentage of Cost ofthe li'ork or odtet• provision for deternrining the Conli-aclor's % ee.)
§ 4.4,3 The method ofadjustment of the Contractor's Fee for changes in the Work:
§ 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work:
§ 4.4.5 Rental rates for Contractor -owned equipment shall not exceed percent( %) of the standard rate paid at the
place of the Project.
§ 4.4.6 Unit Prices, if any:
Arletilifi, and stale the unil price, and state (lie grrantily Imitations, if anv, to which lire unit price tri(I be applicable)
Item Units and Limitations Price per Unit ($0,00)
§ 4.4.7 Guaranteed Maximum Price Not applicable.
§ 4.4.7.1 Tile sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed (S
), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum
sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the
Guaranteed iNylarimurn Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner,
(insert specific provisions if the Contract- is to porficipale in any wirings.)
Init. AIA Document A132'" — 2009 (formerly A101 rdWa—1992). Copyrighl O 1975. 1980. f 992 and 2009 by The American Institute ofArchilects. All rights
re3erved.1,18,1 ZING This AIA' Ducun,_nl Is protectcd by U.S. ecpyri)ht La.v end III letoVnaI Ire 3lie s. IrllannlUliLEd reproduction or distribulion al s
Ills AIA' DoeumcnL or any r:n;tlon of It, pray result In sevcrre civil and criminal penalties, and Wilt he prosecute (Ito are maximurn ettent possibly undr,r
l the taut. This document was produced by AIA softwara at 15:02:35 on 1011812018 under Order rlo.4211656412 which expires on 03/1312019, and Is not for resale.
User Notes:
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§ 4.4.7.2 The Guaranteed Maxintunt Price is based on the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner:
§ 4.4.1,3 Allowances included in the Guaranteed Maximum Price, if any:
(Identifi, andstate the amounts oj(my allowances, and stale whelher they i ichrde labor, nraterials. or both.)
Item Allowance
§ 4.4.7.4 Assumptions, if any, on which file Guaranteed tolaximuni Price is based:
ARTICLE 5 PAYMENTS
§ 5.1 Progress Payments
§ 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon
certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate
for Payment by the Constniction Manager and Architect and issuance by the Architect, the Owner shall make progress
payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract
Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the Iasi day of the
month, or as follows:
Applications for Payment from Contractor are to be submitted ntonfhly to Owner by the 1" day of the month for Work
rendered through the end of the preceding month. Owner shall make monthly progress payments, less applicable
retainage withheld, on account of the Contract Price to Contractor as provided below and elsewhere in the Contract
Documents, based upon applications for payment submitted to Owner by Contractor and Certificates for Payment
issued by Architect. Owner shall pay Contractor each progress payment within sixty (60) days of its receipt and
approval for payment by Owner. Retainage of ten percent (10%) shall be withheld from each progress payment so
made until the Work or a designated portion thereof is fifty percent (50%) complete.
§ 513 if an Application for Payment is received by the Construction Manager after the application date fixed above,
payment shall be made by the Owner not fater than sixty (60) days after Cite Construction Manager receives the
Application for Payment.
(Federal, state or local laws may regnrre payinew trithin a cerlain period of time)
§ 5.1.4 Progress Payments Where the Contract Sum Is Based on a Stipulated Sum
§ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with [lie Contract Documenls.171e schedule of values shall allocate the entire Contract Sum
among the various portions of the Work mid be prepared in such form and supported by such data to substantiate its
accuracy as the Construction Manager and Architect may require. ']his schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.4.1 Tile Schedule of Values shall be prepared in a manner that shows each major portion of the Work as a separate
line itettt. Contractor shall identify those line items of Work that will be accomplished by its contractors,
subcontractors, material suppliers or design professional or consultants, The Schedule of Values shall be submitted
within 15 days of the date of execution of the Contract and before the first application for payment is submitted.
§ 5A.4.2 Before the first Application for Payinent during the construction of the Project, Contractor shall submit a
letter from Surety indicating Surety's consent with clue Schedule of Values.
§ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of Cite end
of the period covered by the Application for Payment.
Inn ArA uocumen L AIJZ — 7009 (formerly A1011CMa -1992). Copyright o 1975, 1980, 1992 and 2009 by The American Institute or Architects. All rights
reserved. V;ARtIING' thlc A I A ' Cocurnent is prolceled by U.S. Copyright t eta nd inNma0onaI Treaties Unauthorized reproduclion or distribution of 7
this AIA' Oocw�eet, o, prn r an, of it. may r cull In severe civil and trindn.rl P3,100es, and vJV b* 1)ro^,ecuh;d to It,meximurn ext?nl pessrbte undrr
l nhefawThis douimentwesproduced byAIAsoN-are at15:O2.35on1071Kill$underOrder No.4211656412which expires on0311J12019,and isnot for resole.
User Notes:
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§ 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed
as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by llte share of the total Contract
Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent
(10%). Pending final determination of cost to the Owner of changes in (lie Work, amounts not in
dispute may be included as provided in Section 7.3.9 of the General Conditions;
,2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored al the site for subsequent incorporation in the completed construction (or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of
Ten percent (10%);
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Section 9.5 of the General Conditions.
§ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under
the following circumstances:
1 fit accordance with §5.1.4.6 below, add, upon Substantial Completion of the Work, a suit sufficient to
increase the total payments to One Hundred percent (1006/) of the Contract Sum, less such amounts as
the Construction Manager reconunends and the Architect determines for incomplete Work and
unsettled claims; and
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor,
any additional amounts payable in accordance with Section 9.10.3 of the General Conditions.
§ 5.1.4.5 Reduction or hillitation of retainage, if any, shall be as follows:
Once the Work or designated portion thereof is fifty percent (50%) complete, thereafter no further retention under this
Article shall be made, provided (hat Contractor's performance of the Work and its other obligations under the Contract
Documents are satisfactory to Owner ill its sole discretion. In the event Owner determines, or at any tittle thereafter
determines in its sole discretion, that Contractor's performance of the Work or its other obligations under the Contract
Documents are no( satisfactory, the full ten percent (10%) retainage may be reinstated until completion of the Work.
§ 5.1.4.6 Upon issuance and Owner's execution of a Certificate of Substantial Completion, as hereinafter provided,
Owner may further reduce the retained amount to not less than two hundred percent (200%) of the cost of the Work
remaining to be completed, corrected or accepted. Retainage shall not be reduced until Contractor provides Owner
with complete and legally effective waivers of all claims and liens arising out of or filed in connection with the Work
front Contractor, subcontractors, and suppliers, which instruments shall be upon such fonns provided in the Contract
Documents or as approved by Owner,
§ 5.1.4.7 Contractor may not withhold retainage from its contractors, subcontractors and material suppliers in any
greater percentage amount or for any longer duration than Owner withholds retainage from Contractor, provided that
the contractual enlitlemew to release of such retainage is satisfied by such contractors, subcontractor and material
supplier. Contractor shall reduce such retainage to each contractor, subcontractor and material supplier in the same
amount and at the same time as any reduction in retainage from Contractor is made by Owner.
§ 5.1.4.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored a( the site.
§ 5.1.4.9 Where the Contract Documents permit payment to include the value of materials, machinery or equipment not
incorporated into Cite Work, but delivered and suitably stored out or off the site of the Project, Owner shall have
discretion either to approve or disapprove payments for such materials, and Contractor shall, in addition to the other
requisites of the Contract Documents, snake any provisions necessary, including insurance covering loss or damage to
the material, to ensure and protect Owner's title and right of possession and access to any such materials for which
payment is approved by Owner.
§ 5.1.4.10 Contractor shall, within fifteen (15) days after execution of this Contract and before Cite first application for
Progress Payment, submit to Owner a list of all subcontractors and material suppliers that Contractor intends to utilize
Intl A,A bocumentA132TM - 2009 (formerly A101'"CMa-1992). CopydghtO 1975, 1980. 1992 and 2009 by The American institute of Architects. Ali rights
reserved. %VARNING: Ilia AIA' Document Is pro Iccl.d by U.S. Cnp/r,0hl Lae: and International Ite.wt s tIaaUnicrized ioproduclion of datrihullun of Ws 8
AIA, Docm uenl, or and perlic+n of 11, i my rr-ult in severe civil and crinUn31 p2nalli:s, and xill be prosecuted to the maximum extent pos5,ble under
r the lave. This document was produced by AIA sothvare at 15 0235 on 10/18/2018 under Order No.4211656412 which expires on 03r132019, and is not for resste.
User Notes: (1450010947)
on the Project in the performance of Contractor's obligations under the Contract. Contractor shall submit this
information on the forum attached hereto as Exhibit "D", Contractor Prc-Construction Verified List of Subcontractors
and Suppliers. Contractor shall furnish an updated list of subcontractors and material suppliers with each progress
payment, in the form attached hereto as Exhibit "E", Contractor Periodic Verified List of Subcontractors and
Suppliers. Contractor agrees and represents that it will make payment for all portions of the work done and materials
furnished by the respective subcontractors and material suppliers identified in this verified list as well as any other
subcontractor or material supplier subsequently engaged or utilized by Contractor once the Work commences. Owner
shall be entitled to rely upon the accuracy and completeness of the information provided by Contractor therein and
upon Contractor's representations that it will pay each and every subcontractor and material supplier so identified, as
well as any other subsequently engaged subcontractor or material supplier (hat Contractor may utilize in connection
with the Work under the Contract.
§ 5.1.4.11 Contractor shall complete and fumish to O%%wr a Contractor's Application for Payment in the form of
Exhibit "F", Contractor Application for Payrnenl, attached hereto with all updated schedule of values. Contractor
shall submit all applications for payments in triplicate, with sufficient breakdown data to permit checking and
approval, and upon forms and with accompanying documentation acceptable to Owner. Each payment application
shall detail the value of the various materials stored on the site and the value of the various types of labor perforated
during the period of time since the previous payment request. Contractor shall attach to each payment request a
statement certifying that all payments due Contractor from previously issued Certificates for Payment have been paid.
Contractor also shall furnish such additional supporting documents and data substantiating Contractor's right to
payment as Owner may require, including but not limited to waivers of lien from Contractor and each of its
subcontractors and material suppliers (limited to those subcontractors and suppliers whose contract price exceeds Five
Thousand Dollars (S5,000) in amount) unless specifically requested otherwise by Owner. For Contractor, the waiver
of lien for progress payments shall be in the form of the attached Exhibit "0", Contractor Affidavit, Partial Waiver,
and Release of Lien ("Partial Waiver"), and for final payment in the fomn of the attached Exhibit "H", Contractor
Affidavit, Final Waiver, and Release of Lien ("Final Waiver"). For subcontractors and material suppliers, Contractor
shall obtain from each of them and filmish to Owner waivers of lien which shall be for progress payments in the fort
of the attached Exhibit "I", Subcontractor Affidavit, Partial Waiver, and Release of Lien ("Subcontractor Partial
Waiver"), and for final payment in the form of the attached Exhibit "7", Subcontractor Affidavit, Final Waiver, and
Release of Lien ("Subcontractor Final Waiver"). Upon receipt of payment from Owner, Contractor shall furnish to
Owner the Contractor Unconditional Waiver and Receipt of Payment ("Unconditional Waiver') in the form of the
attached Exhibit "K", and shall obtain and furnish to Owner from each subcontractor and material supplier who are
paid out of the monies Owner is paying to Contractor, the corresponding Subcontractor Unconditional Waiver and
Receipt of Payment ("Subcontractor Unconditional Waiver"), in the form of the attached Exhibit "L".
§ 5.1.4.12 The failure of Contractor to submit any of these documents or the making or furnishing by Contractor of any
false or misleading slatennerits and assurances as required therein shall be cause for Owner to reject Contractor's
payment request and to treat such failure as a default under the Contract as provided in Article 7 hereof.
§ 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum
Price Not Applicable
§ 5.1.51 With each Application for Payment, the Contractor shall submit the cost control information required In
Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or
invoices with check vouchers attached and any other evidence required by the Owner, Construction \•tanager or
Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work
equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments
attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
§ 5.1.6.2 Applications for Payment shalt show the Cost of the Work actually incurred by the Contractor through the end
of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual
payment prior to the next Application for Payment.
§ 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
,1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work;
,2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed
upon the Cost of the Work described in that Section at the rate stated in that Section; or if the
Intt. AIA Document A132^ — 2009 (formerly A10I-Crda—1992). Copyright® 1975. 1980. 1992 and 2009 by The American Instilute cfArchitecls. All rights
resmed,VIA Rfit NG: Thl-.A IA1 O cuwn 6I is PlvtiGfad by U.S Copyright 1.1w and InIi;wmionel Ire a,fies. Undulhmiled reproductInn of dlatribubon rf 9
Ihl<_ AIA' m Dec ucnl or a,;y pr•r4 �" r f it, Mal I. -,"A in severe civil anu crimiraI penettirs, and v.Ul b.� proserut!d to : I7,, rna mmuni extent possibly under
r fIta la.. This document was produced by AIA software at 15:02,35 on 10/1812018 under Order No.421 t656412 which expires on 0311312019, and is no for resale.
Us or Notes:
(1450010447)
Contractor's Fee is stated as a fixed suns, an amount which bears the same ratio to that fixed -sum Fee as
the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its
completion;
Subtract retainagc of percent ( %) from that portion of the Work that life Contractor self -performs;
Subtract the aggregate of previous payments made by the Owner;
Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or
resulting from errors subsequently discovered by the Owner's auditors in such documentation; and
Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a
Certificate for Payment as provided in Section 9.5 of AIA Docurllent A232T"t-2009, General
Conditions of the Contract for Construction, Construction Manager as Adviser Edition.
§ 5.1.5.4 The Owner, Construction Nlatlager and Contractor shall agree upon (1) a mutually acceptable procedure for
review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the
Contractor shall execute subcontracts in accordance with those agreements.
§ 5.1.5.5 In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shalt
be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be
deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or
arithmetic verification of the documentation submitted it) accordance with Arlicle 5 or other supporting data; that the
Construction Manager and Architect have made exhaustive or continuous on -site inspections; or that the Construction
Manager acid Architect have made examinations to ascertain how or for what purposes (he Contractor has used
amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the
Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner.
§ 5.1.5.6 Except with the Owner's prior approval, the Contractor shall riot make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.1,6 Progress Payments Where the Contract Sum Is Based on the Cost of the Work with a Guaranteed Maxlmum
Price Not Applicable
§ 5.1.6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted
invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to
demonstrate that cash disbursements already trade by the Contractor on account of the Cost of the Work equal or
exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable
to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
§ 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum
among the various portions of the Work and be prepared in such forin 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 110anager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5A.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (I ) the
percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing
(a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the
Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of
the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
§ 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion or the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion of the Work by the share of the
Guaranteed Maximurn Price allocated to that portion of the Work in the schedule ofvalues. Pending
final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be
included as provided in Section 7.3.10 of AIA Document A232-2009;
fnft "'A wcumem nt sc AMI (formerly A 101"Chia—1992). Copyright rV 1976, 1980. 1992 and 2009 by The American In SWIG of Arch$ects. All rights
reserved. WARNIRG: This AIA' Document Is Prulceted by U.S. Cupyriyht Law and 111Wrnallon31 Tlealics. Unaatlwriretl repiaductlon er Ef slributlon of 1 O
ihls AW Document, or any portion of;(. may result In severe civil and criminal peioWcs, and rill be prosecuted to Ilia maxlnunn extent possible under
the law. This document was produced by AIA software at 15:02:35 on 1011812018 under Order No.4211656412 which expires on 03/1312019• and Is not for resa!e.
User Notes: exp(1450010947)
.2 Add that portion of the Guaranteed N9axinhum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing;
.3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed
upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a
fixed suns in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost
of the Work hears to a reasonable estimate of the probable Cost of the Work upon its completion;
.4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self -performs;
,5 Subtract the aggregate of previous payments made by the Owner;
.6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section
5,1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered
by the Owner's auditors in such documentation; and
.7 Subtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a
Certificate for Payment as provided in Section 9.5 ofAIA Document A232-2009.
§ 5.1.6.5 The Owner and the Contractor shall agree upon a (I ) mutually acceptable procedure for review and approval
of payments to Subcontractors and (2) file percentage of retainage held on Subcontracts, and the Contractor shall
execute subcontracts in accordance with those agreements.
§ 6.1.6.6 in taking action on the Contractor's Applications for Payment, the Construction ltanager and Architect shall
be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be
deemed to represent that tine Construction Alanager or Architect have made a detailed examination, audit or arithmetic
verification of the documentation submitted in accordance with Section 5,1,6.1 or other supporting data; that the
Construction ?lenagcr or Architect have made exhaustive or continuous on -site inspections; or that the Construction
Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts
previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will
be performed by the Owner's auditors acting in the sole interest of the Owner.
§ 6.1.6.7 Except with the 0tvner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.2 Final Payment
§ 5,21 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
.1 the Contractor has fully perfonhhed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if
any, which extend beyond final payment;
and
a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such
Final payment shall be made by the Owner not more than 30 days after the issuance of the final
Certificate for Payment or Project Certificate for Payment, or as follows:
Final payment, constituting the entire unpaid balance of the Contract Price, including retainage, shall
be paid by Owner to Contractor within ninety-one (91) days after it has become due and payable. Final
payment to Contractor shall not become due and payable until and unless all Work for tine Project is
fully completed and performed in accordance with the Contract Documents and is satisfactory to and
approved by Owner, including but not limited to all requirements and conditions for Project Close -Out,
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 initial Decision Maker \lol applicable.
The Architect will serve as Initial Decision Nlaker pursuant to Section 15.2 of AIA Document A232-2009, unless the
parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision A4aker.
(lftlre parries mrrrually agree, insert the name, address anti other contact information of fine hlHial Decision ,l faker, if
other than the Architect.)
There shall be no Initial Decision Maker.
Init. AiA Document A132TM — 2009 (formerty A1011CMa—1992). Ccpyri hl ® 1975, 19e0, 1992 and 2009 by The American Institute of Architects. All rights reserved. WIARNINC;: This AIA' Oorumard Is protecl,d by U.S. cupyriyhl I.w, and lniemalional 7reali, s. Unaulhri•izcd repreduclion a di;IribrUan cl
Ihis AIA Outumaol. or .ray portion et it may raSu0. In scvaro civil and criminal penallirs, and rcill 14 pro,er.otn,l to the matlnwnr eatenl possible undrr
11 t the lave This documentwas produced by AIA sofmare al 15:02:35 on 10/182018 under Order No.4211656412 which exp'res on 03/132019, and is not forresale.
User Notes:
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§ 6.2 Binding Dispute Resolution
For any Claim subject to, but not resolved by, mediation pursuant to pursuant to the terns of the City of Cartel's
Supplementary Conditions 9, the method of binding dispute resolution shall be as follows:
(Check the app opriare box. If the 0lrner and Co1u•frctor do not select a mrethod of binding dispute reso6rrion below,
or do not subsequentli, agree in writing to a binding di mite resohnion method other than lirigarion. Claims will be
resolved by litigoHom in a court of competent jurisdiction.)
l 1 Arbitration pursuant to Section 15.4 of AIA Document A232-2009
X ] Litigation in a court of competent jurisdiction.
[ j Other: (Sllech) Not applicable.
§ 6.2.1 Owner and Contractor shall follow the Dispute Resolution Procedures set forth in the City of Cartel
Supplementary Conditions,
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 Where the Contract sum is a Stipulated Sum
§ 7.1.1 The Contract may be tenninated by the Owner or the Contractor as provided in Article 14 of AIA Document
A232-2009, as modified by the additional terms and conditions set forth in TKI through' 14.5 of the City of Cartel
Supplementary Conditions.
§ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009.
§ 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum
Price Not applicable.
§ 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the
Contractor as provided in Article 14 of AIA Document A232-2009.
§ 7.2.2 The Contract may be tenninated by the Owner for cause as provided in Article 14 of AIA Document
A232- 2009; however, the Owner shall then only pay the Contractor an amount calculated as follows:
.1 Take the Cost of the Work incurred by the Contractor to the date of termination;
.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate
stated in Sections 4.3.2 or,11.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an
amount that bears the saute ratio to that fixed -sum Fee as the Cost of the Work at the time of
tertination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and
.3 Subtract the aggregate of previous payments made by the Owner.
§ 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work wish a
Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232-2009, the amount, if any, to be
paid to the Contractor udder Section 14.2.4 of AIA Document A232-2009 shall not cause the Guaranteed Nlaximum
Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2.
§ 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the
Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in
the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts
and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments
referred to in this Article 7, execute and deliver all such papers and take ass such steps, including the legal assignment
of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully
vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.
§ 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009; in such
case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document
A232-2009, except that the terns 'profit' shall be understood to mean the Contractor's Fee as described in Sections
4.3.2 and 4.4.2 of this Agreement.
Init. AIA Document A132- —2009 iformerly A101—Vda — 1992). Copyri hl10 1975, 1980, 1992 and 2009 by The American institute ofArchitecls. All rights
reserved. WARNING: This A6V Documoot is prolccicd by U.S. Copyright Lar: and Intcrnal•onal i(rafies. Unaulhodce(I n;prodactlon or dlslribulion of 12
this Abl' nocu�ncnt, or any portion o1d, may resua In sevore civil and crimlom penalties, and Mil be prosecuted to the maximum extent possible under
i l he, raw. This document was produced by AIA software at 15.02.35 on 10(1 &'2018 undo( Order No.4211656412 which expires on 0311312019, and Is not for resale.
User Notes: (1450010947)
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of A]A Document A232-2009 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
§ 8,2A Owner shall not pay any interest or finance charges unless or until payment is due and unpaid in accordance
with the terms hereof, in which event, provided Contractor is not otherwise in breach or default of the tenns of the
Contract, payments shall bear interest or finance charges at the rate of five percent (5%) per anrtutll front the date
payment is otherwise due and owing. In the event Owner is entitled to withhold payments under the Contract or in the
event of a good faith dispute between Owner and Contractor, no interest or finance charge shall accrue.
§ 8.3 The Owner's representative:
(Name, address and other ittjorntarioit)
City of Carmel
Department of Administration
City Hall — Third Floor
One Civic Square
Carmel, IN 46032
Attention: James Crider, Director of Dept. of Administration
§ 8.4 The Contractor's representative:
(Nmne, address and other &formation)
Vision Painting, Inc,
8035 Craig Street
Indianapolis, Indiana 46350
Attention: Jeff Kitchens
§ 8.5 Neither the Owner's nor (lie Contractor's representative shall be changed without ten days written notice to the
other party.
§ 8.6 Other provisions:
Additional Miscellaneous Terms are set forth in the Article I I Additional Ternis Attachment.
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in
the sections below.
§ 9.1.1 The Agreement is this executed AIA Document A 132-2009, Standard Fort of Agreement Between Owner and
Contractor, Construction i1-lanager as Adviser Edition, as modified by the City,
§ 9.1.2 The General Conditions are AIA Document A232-2009, General Conditions of the Contract for Construction,
Construction Manager as Adviser Edition, as modified by the City.
§ 9.1.3 The Supplementary and other Conditions of the Contract:
Document
Title Date Pages
I. Prime Contract
Prime Contract September 15, 2018 3 Pages
Aniendnienls
Amendments
Attachment
2 Article I 1
Article I I Additional September 15, 1018 29 Pages
Init. AIA Document A132-- 2009 (torrmriy A101 "'CMa—19921, Copyright® 1975. 19a0, 1992 and 2009 by The American InstiNte of Architects. All rights
reserved. wr,lRUING: This AIA2' norrnnenl is protected by U.S. copyrgbl t air and InteriaU0n=1 Tre:,ties Ur,a„ lien ad reprc iuclirn or di�Vjirution o1 thl; AW Dotueiit or any portion or il, may icyulr in st-v..re civil and criminal yonall'es, anti rdll h.,pioseeuted to the rnaKintsun Catent possible und13
er
User Notes:
/ lIm liiw. This document was produced by AIA software at 15:02:35 on 10118r2018 under Order N0.4211656412 which exp' res on 03113t2059, and Is not for resale.
(1450010947)
Additional Tenns
Terms Attachment
3. Supplementary
City of Carmel September 15, 2018
Conditions
Supplementary
Conditions
§ 9.1.4 The Spec if cations:
See Exhibit "B", List of Applicable
Drawings and Specifications.
§ 9.1.5 The Drawings:
See Exhibit "B", List of Applicable Drawings and Specifications.
§ 9.1.6 The Addenda, if any:
Number Date Pages
Addendum No. I February 22, 2018
Addendum No. 2 (I -lultiple Paris) March I, 2018
45 Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any, forming part of the Contract Documents are:
,1 AIA Document A 132T•`I-2009, Exhibit A, Determination of the Cost of the Work, if applicable.
.2 AIA Document E201T11-2007, Digital Data Protocol Exhibit, if completed, or [lie following:
Not Applicable.
.3 AIA Document E202T^L-2008, Building Information Modeling Protocol Exhibit, ifcompleted, or the
following:
Not Appicable.
.4 Other documents, if any, listed below:
The Project Manual Vol. I and 11, dated September 14, 2018.
The Project Manual Division 00 Procurement Requirements, dated September 19, 2018.
.5 Contract Exhibits "A" through "V", attached hereto.
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 10 of the Prime
Contract Amendments Attachment, 111.87 through T,11.92 of the Article I I Additional Terms, and Article I I of the
City of Carmel Supplementary Conditions.
Type of Insurance or Bond Limit of Liability or Bond Amount ($0,00)
Performance and Labor and \4aterial 100% of the Contract Price stated on Page 2 of the Contract.
Payment Bonds.
Init AIA Document A1321' — 2009 (formerly A101 "'CMa—1992). Copyright ®1975, 1980, 1992 and 2009 by The American In Mute of Architects. All rights
reserved. WAPHINGTlr:., AIA' DocuIt, aid i; protected by U.S. Cop'/right tar, znd lot tvuationa1 ireal%ow. Unaun,uritcd toproductioo or disitlbutiuu of 14
this AIA` Document, or anj pot Lion of it, oil 3y result In sevctn tl,il and crunlnaI penalties, and v.Ill be projt-auled la the rnax!m:rm extent possible under
the law. TAIs document eras produced by AIA sofm are at 15:02.35 on 1011812016 under Order No.4211656412 vWch eypites on 0311312019. and is not for resale.
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Owner and Contractor agree to the terms above and as set forth iu the Exhibits attached hereto, all orwhich
are a material part of this Contract. This Contract Is not valid unless signed by Owner and shalt became
effective on the date first above written notivithstanding different dates of execution hereof,
OWNER: CONTRACTOR:
CITY Or CARMEL VISION PAINTING
ER (Signahlre) � :CONTRA:�CTOR (Signal e
James Brainard, Mayor
(Printed name and rifle) (Primed name and Mile)
Dated: t�eleirer _; �g}S. Dated: ectober 12018
3AKi IU, J.O i`j wov, 3V"
OWNER (Signature)
(Printed name and lisle)
Dated:Oclober 2018
Init. ALA Document Al32^'— 2009 (formerly Af 01-CMa — 1992). Copyright 0 1975,1990. 1992 and 2009 by The American InsGlule of ArehRects. All rights
reserved. WARNING: Ih.s AIAI Document is profecled by U.S. Copyright la,r,md fnhmational Treaties. Unanthorfacd repraducniwr or disi.IbUliun of � 5
user Nolea:
Ibis AIA' Document, or an, pvrpon of it. may reSua In severe civil andtriminal panaf,'ics, end hill he prosecuted to Ilia maxrm:nlentpossible undrr
n ea i the law. This document was produced by AIA software at 15'02.75 on 1011912018 undef OiderNo.4211656412 which expires on 03113/2019, and is not for resale.
(1450010947)