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HomeMy WebLinkAboutPSA - Four WInds Field Renovation & Expansion CMc - Larson Danielson Construction Co1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Mr. Brian T. Larson PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 14, 2023 Larson -Danielson Construction Co., Inc. 302 Tyler St. LaPorte, IN 46350 btlgldconstruction. com RE: Professional Services Agreement Dear Mr. Larson: At its November 14, 2023 meeting, the Board of Public Works approved the above - referenced amendment for pre -construction services for the Four Winds Renovation and Expansion, as well as setting the terms for the eventual GMP, in the amount of $76,500. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensley(ksouthbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER @-,-A1A Document A133 - 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 8th day of November in the year 2023 (In words, indicate day, month, andyear.) BETWEEN the Owner: (Name, legal slates, address, and other information) City of South Send 227 West Jefferson Ave South Send, IN and the Construction Manager: (Name, legal status, address, and other information) Larson -Danielson Construction Company, Inc. 302 Tyler Street La Porte, IN 46354 for the following Project. (Name, location, and detailed description) Four Winds Renovation and Expansion The Architect: (Name, legal status, address, and other information) Jones Petrie Rafinski The Owner and Construction Manager agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text_ This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified_ Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:21 ET on f f MOO 23 under Order No_2114477497 which expires on 1011012024, is not far resale, is licensed for one-time use only, and may ant he used in accordance with l the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com- User Notes: (1447978347) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1,1 This Agreement is based on the Initial Information set forth in this Section 1.1, (For each item in this section, insert the information or a statement such as "not applicable" or '"unknown at time of execution.') § 1.1.1 The Owner's program for the Project, as described in Section 4.1.1: (Insert the Owners program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The Four Winds Renovation & Expansion is a large, multi -year project encompassing improvements to the existing facility infrastructure, as well as the addition of numerous enhancements. These enhancements, subject to available funding, may include adding a second deck above the existing, renovating the primary seating area and suites, adding a new club/event space building, relocating the splash pad, new outfield spectator seating and support, and other customer experience improvements. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project 's physical characteristics, such as size; location, - dimensions, geotechnical reports; site boundaries; topographic surveys; traffic and utility studies,- availability ofpublic and private utilities and services; legal description of the side, etc.) The program for the Project is described in the Design Scope document, by Populous, dated September 26, 2022 and included as Exhibit I. Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 2 1 f1080023 under Order No2114477497 which expires nn 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) § 1.1.3 The Owner's budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown) Not to exceed Forty Million Dollars ($40,000,000) Guaranteed Maximum Price budget § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Unknown at the time of execution of this agreement. The Owner, Architect, and Construction Manager will work together to define a mutually agreeable project schedule, including design activities. .2 Construction commencement date: September 1, 2024, subject to change per the mutually agreeable project schedule noted above. .3 Substantial Completion date or dates: April 1, 2026, subject to change per the mutually agreeable project schedule noted above. .4 Other milestone dates: Unknown at the time of execution of this agreement. § 1.1.5 The Owner's requirements for accelerated or fast -track scheduling, or phased construction, are set forth beIow (identify any requirements far fast -track scheduling or phased construction) Primary construction activities should take place in the South Bend Cubs off-season, which is primarily September Is' until April V of the following year. Construction may occur during the baseball season if the facility can be used to safely host games with attendees. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) No specific sustainably objectives have been identified at the time of execution of this agreement. The Owner anticipates developing mutually agreeable and reasonably achievable sustainability goals in consultation with the Architect and Construction Manager. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E234T14-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E234-2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere) The Owner desires, but does not require, the second deck portion of the project to be completed during the first off-season of the construction of the project and have that portion of the project ready, but not necessarily complete, for the first baseball game of the next season. § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) Patrick Sherman, PMP, DASM City of South Bend Department of Public Works Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 7 f108OM under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 4601 Office: (574) 235-5601 psherman@southbendin.gov southbendin.gov § 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 are as follows: (List name, address and other contact information) § 1.1.10 The Owner shall retain the following consultants and contractors: (Lis/ name, legal .status, address, and other contact information.) .1 Geotechnical Engineer: .2 Civil Engineer: Jones Petrie Rafinski .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or Program .Vanager.) § 1.1.11 The Architect's representative: (List name, address, and other contact information.) Djamel [Dj] Charmat Jr., AIA, NCARB Director of Architecture - Jones Petrie Rafinski Office (574) 232-4388 Djamel Charmat <dcharmat@jprl source.com> § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: {List name, address, and other contact information.) Brian T. Larson Larson -Danielson Construction Co., Inc. 302 Tyler St. La Porte, IN 46350 bti@ldconstruction.com § 1.1.13 The Owner's requirements for the Construction Manager's staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner -specific requirements to be included in the staffing plan.) Not applicable § 1.1.14 The Owner's requirements for subcontractor procurement for the performance of the Work: (List any Owner -specific requirements for subcontractor procurement.) As set forth in this agreement and in accordance with Indiana Code 5-32 (Employment of Construction Managers as Constructors for Projects). § 1.1.15 Other Initial Information on which this Agreement is based: Init. AIA Document A133 — 20a9. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 4 f f1080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) Not applicable § 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 Construction Manager shall appropriately adjust the Project schedule, the Construction Manager's services, and the Construction Manager's compensation. The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days' prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (A [A Document A201 Tm-2017, General Conditions of the Contract for Construction, unmodified , 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. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, if anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15_ § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner to furnish efficient construction administration, management services, and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201Tm-2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term "Contractor" as used in A201-2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201--2017, which document is incorporated herein by reference. The term "Contractor" as used in A2012017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3,2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility 'The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 7 f 1080023 under Order No2114477497 which expires on 1611012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment, The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project, using AIA Document E2031-M-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule 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 consultants' services, and the Owner's responsibilities; and identify items that affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction; and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, con stru ctab i I i ty, provisions for temporary facilities, and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect's review and the Owner's approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect's review and the Owner's approval. The Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:21 ET on S f f1080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Construction Manager and the Architect shalt work together to reconcile the cost estimates. § 3,1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect's review and the Owner's approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner's review and approval. § 3.1.10 if the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234TM-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement, § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner's requirements, for the Owner's review and approval. In addition, in accordance with Indiana Code 5-32 the Construction Manager may prequalify potential subcontractors based on written criteria developed by the Construction Manager and approved by the Owner. Approval shall not be unreasonably withheld. Upon approval, the written criteria shall become the Owner's established and published bidder p req ual i fit cat i o n criteria for the Project. The Construction Manager shall bid and award first -tier subcontracts in accordance with Indiana Code 5-32 and 36-1-12. § 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project, including, but not limited to, outreach events and or meetings as suggested by the Owner. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliances with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi -governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document. (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc) Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on I V080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) § 3.1.15 Self -Performed Work The Construction Manager may self -perform a portion of the Work not to exceed 20% of the value of the Project; provided, however, the Construction Manager shall submit and open its bids for these portions of the Work at the same time and in accordance with the same bid requirements as all other bidders for the Project. The Construction Manager shall be awarded the portion of the work for which the Construction Manager's bid is the lowest responsive and responsible bid. Any such self -performed portion of the Work for which the Construction Manager is determined to be the lowest responsive and responsible bid shall be documented in the Guaranteed Maximum Price proposal or in a Change Order, if the bids for such portion of the Work are completed after acceptance of the Guaranteed Maximum Price proposal. § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review, and the Owner's acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, the Construction Manager's contingency described in Section 3.2.4, and the Construction Manager's Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Max i,num Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager's contingency set forth in Section 3.2.4; and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guarant,-ed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager's exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs. Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on f f1080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section S. l .2 of A201-2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties. The written agreement shall set forth a description of the Work to be performed by the Construction Manager, and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and subin"tt to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201-2017. § 3.3.2.3 Monthly Report 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 completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect, and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2. Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:21 ET on 7 f1080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com- User Notes: (1447978347) § 4.1.3 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 Article 7, (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 thercafter agree to a corresponding change in the Project's scope and quality. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shalt furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing 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, boundaries and contours of the site; locations, dimensions and other 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. § 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include 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. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in ,article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234Tm--2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A241-2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B 133TM--2419, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect, and any further modifications to the Architect's scope of services in the agreement. Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:21 ET on 10 I V080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Prase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis far, compensation and include a list of reimbursable cost items, as applicable.) The total lump sum amount of Seventy -Six Thousand Five Hundred Dollars ($76,500) § 5.1.2 The hourly bil ling rates for Preconstruction Phase services of the Construction Manager and the Construction Manager's Consultants and Subcontractors, if any, are set forth below. (Ifapplicable, attach an exhibit of hourly billing rates or insert them below.) Not Applicable Individual or Position Rate § 5.1.2.1 Hourly billing rates far Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within twelve (12) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid thirty (30 ) 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 oj'monthly or annual interest agreed upon.) There will be no interest on late payments. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee.) Three and four tenths of a percent (3.4%) of the Cost of the Work as defined in Article 7. § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: Three and four tenths of a percent (3.4%) of the Cost of the Work of the change as defined in Article 7. § 6.1.4 Limitations, if any, on a Subcontractor's or the Construction Manager's self -performed work overhead and profit for increases in the cost of its portion of the Work: 1 For each subcontractor, sub -subcontractor, or the Construction Manager's self -performed work, for work performed by its own force, ten percent ( 10%) of that cost. .2 For each subcontractor, or the Construction's Manager's self -performed work, for Work performed by its subcontractors or sub -subcontractors, five percent (5%) of that cost. Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 7 f MOM under Order No_2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) .3 Costs to which overhead and profit are to be applied shall be determined in accordance with Section 7.3.4 of A201-2017. § 6.1.5 Rental rates for Construction Manager -owned equipment shall not exceed the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) Not applicable. § 6.1.7 Other: (Insert provisions far bonus, cost savings or other incentives, if arty, that might result in a change to the Contract Sum.) Not applicable. § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201-20I7, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201-2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terns "cost" and "costs" as used in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7, § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost. Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 12 1 f1080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior approval of the Owner. § 7.1.4 for the Construction Manager's self -performed portion of the Work, if any, awarded in accordance with Section 3.1.15, the current lump sum amount for that portion of Work as documented in the Guaranteed Maximum Price proposal or by Change Order shall be the cost to be reimbursed. Costs included in the Construction Manager's self -performed portion of the Work shall not be reimbursed as part of any other section in Article 7. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 7.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site and performing Work, with the Owner's prior approval. § 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Idenlijy the personnel, type ofactivity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) Senior Project Managerl©irector, Project Manager, and Project Engineer when performing management and administrative activities for the Project. § 7.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. Rates for the personnel listed in Exhibit 2 shall be used in lieu of actual costs. Rates shall be adjusted on an annual basis on July 151 of each year. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance ~,'gill) the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs oftransportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on I V080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with 13 t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) § 7.5.2 Mental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject to the Owner's prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager's site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager, with the Owner's prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Construction Manager is liable. § 7,6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of Laboratories for tests required by the Con€ract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201-2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, paymerts made in accordance with legal judgments against the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner's consent, unless the Construction Manager had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner's prior approval. § T6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:21 ET on 14 11/080023 under Order No2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) § 7,6.10 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work, with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner's prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or lass, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A241-2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Construction Manager, and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201---2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 Far purposes of this Section 7.9, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 '1 lie Cost of ;he Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 7.2.2.1, or as may be provided in Article 14; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Construction Manager's principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Sections 7.1 to 7.7; ,5 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Construction Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects;' "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00:21 ET on is 7 f MOM under Order No_2114477497 which expires on 110 012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (I) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager's list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection, § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between 1he bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 14 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract and such documents w'sll be subject to Indiana Code 5-14-3. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:21 ET on 16 1 f1080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) § 11.1.2 The period covered by each Application for Payment small be one calendar month ending on the last day of the month, or as follows: F 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 15th day of month, the Owner shall make payment of the amount certified to the Construction Manager not later than the l5th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty-five (45) days aft.,r the Architect receives the Application for Payment. (Federal, stale or !oval laws may require payment within a certain period of time.) § 11.1.4 With each Application for Payment, the Construction Manager 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 payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager's Fee. Such records will be subject to Indiana Code 5-I4-3. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Construction Manager's Fee. § 11.1.51 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 1 1.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values, the Construction Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment, The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make 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. § 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows. § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and .4 The Construction Manager's Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7. 1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum fee as the Cost of the Init. AIA Document A133 — 2019. Copyright® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 7 f MOM under Order No_2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with 17 t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) Work included in Sections l 1.1.7.1. l and 1 1.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, ifany, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Section l 1.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .$ Retainage withheld pursuant to Section IL . l .8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Applicallon for Payment. The amount of retainage may be limited by governing law.) Five Percent (5%) § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Costs of the Work that are not Subcontract Costs or lump sum amounts for the Construction Manager's self -performed portion of the Work § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11. I.8.1 is to be ►►rod f ed prior to Substantial Completion of the enure Work, insert provisions for such modification.) None § 11.1.8.3 Except as set forth in this Section 1 1.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section l 1.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner's audit and reconciliation, upon Substantial Completion.) A amount equal to 200% of the value of each uncompleted work item shall be held upon Substantial Completion until the item is complete. § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 11.1.10 Except with the Owner's prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 18 1110812023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 1 1.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager 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. § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has ful I performed the Contract, except for the Construction Manager's responsibility to correct Work as provided in Article 12 of AIA Document A201--2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 1 I.2.2.2; and .4 The City's Board of Public Works has closed the project and issued all related paperwork thereto. § 11.2.2 W ithin 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 1 1.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of AIA Document A201-2017. The time periods stated in this Section 1 1.2.2 supersede those stated in Article 9 of AIA Document A201-2017. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Construction Manager's final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay th.- Construction Manager the amount certified in the Architect's final Certificate for Payment. § 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 11.2.4 If, subsequent to final payment, and at the ❑wner"s request, the Construction Manager incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager's Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. if adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3Interest Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 19 11/080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Interest rate is 0%. ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201-2017. However, for Claims arising from or relating to the Construction Manager's Preconst7uction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 12.1.2 of this Agreement shall not apply. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parries mutually agree, inserl the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) f X ] Arbitration pursuant to Article 15 of AIA Document A201-2017 [ ] Litigation in a court of competent jurisdiction [ ] Other: (Specie) If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims wilt be resolved by litigation in a court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner. § 13.1.2 1n the event of termination of this Agreement pursuant to Section 13.1.1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, in accordance with the terms of this Agreement. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Article 14 of A201-2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 if the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Init. AIA Document A133 — 20t9. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on e 7 f MOM under Order No_2114477497 which expires nn 1611012b24, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com- User Notes: (1447978347) Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 'Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Fallowing Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination 'rhe Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201-2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201-2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager' Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201-2017. j 13.2.2,2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Construction Manager a termination fee as follows: Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AiA' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:21 ET on 11MOM under Order No2114477497 which expires on 1611012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with 21 t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com- User Notes: (1447978347) (Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a termination for the Owner's convenience.) I0% of the Construction Manager's Fee that would have been earned on the estimated Cost of Work not completed at the date of termination. The estimated Cost of Work not completed shall be as documented in the Guaranteed Maximum Price Proposal and Change Orders up to the date of termination. § 13.3 Suspension The Work may be suspended by the Owner as provided in Article. 14 of AIA Document A201-2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201-2017, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017. Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201-2017, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract ❑ocuments. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under thi 3 Agreement. If any of the requirements set forth below exceed the types and Iimits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 14.3.1.1 Commercial General Liability with policy limits of not less than Five Million Dollars($ 5,000,000) for each occurrence and Five Million ($5,000,000) in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, ,and non -owned vehicles used, by the Construction Manager with policy limits of not less than One Million Dollars ($1,000,000) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 14.3,Ll and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy, The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than One Hundred Thousand Dollars ($ 100,000) each accident, One Hundred Thousand Dollars ($ 100,000) each employee, and One Hundred Thousand Dollars ($ 100,000) policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Million Dollars ($ 2,000,000 ) in the aggregate. Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on I V080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with 22 t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com- User Notes: (1447978347) § 14.3.1.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits Not applicable. Not applicable. § 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A 133TM-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document A 133TM-2019 Exhibit B, and elsewhere in the Contract Documents. § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, if Completed, or as otherwise set forth below: (If ocher than in accordance with A1A Document E203-2013, insert requirements for delivering notice in electronic formal such as name, title, and email address of the recipient and whether and how the system wile be required to generate a read receipt for the transmission) § 14.5 Other provisions: ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 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. § 15.2 The following documents comprise the Agreement: .1 AIA Document A 133Tm-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as modified .2 AIA Document AI33TM-2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed .3 AIA Document A133TM-2019, Exhibit B, Insurance and Bonds, as modified .4 AIA Document A201 TM-2017, General Conditions of the Contract for Construction (Paragraph deleled1 .5 Other Exhibits: (Check all boxes that apply) j X ] Exhibit 1: Design Scope document, by Populous, dated September 26, 2422, 13 pages (Paragraphs deleted) [ X ] Exhibit 2: Personnel Labor Rates, dated October 13, 2022, 1 page (Table deleted) .6 Other documents, if any, listed below: Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on 7 f M80023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with 23 l the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) (List here any additional documents that are intended to form part of the Contracd Documents. AIA Document A201-2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Construction Manager's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are n of part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents) None This Agreement is entered into as of the day and year first written above. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member LARSON-DANIELSON CONSTRUCTION COMPANY, INC (Signature) Brian T. Larson, President (Printed name and title) Joseph R. Molnar, Vice President Alexandra Dolz-Lane, Member Attest: Theresa M. Heffner, Clerk Date: November 14, 2023 Init. AIA Document A133 — 2019. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on o f f1080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with t the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.corn User Notes: (1447978347) Additions and Deletions Report for AW' Document A 133° — 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AM text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AEA software at 16:00:21 ET on 11/08/2023. PAGE AGREEMENT made as of the 8th day of November in the year 2023 City of South Bend 227 West Jefferson Ave South Bend, IN Larson -Danielson Construction Company, Inc. 302 Tyler Street La Porte, IN 46350 Four Winds Renovation and Expansion Jones Petrie Rafinski PAGE 2 The Four Winds Renovation & Expansion is a large, multi -year project encompassing improvements to the existing facility infrastructure, as well as the addition of numerous enhancements. These enhancements, subject to available funding, may include adding a second deck above the existing, renovating the primary seating area and suites, adding a new club/event space building, relocatingthe he splash pad, new outfield spectator seating and support, and other customer experience improvements. The program for the Project is described in the Design Scope document, by Populous, dated September 26, 2022 and included as Exhibit I. PAGE 3 Not to exceed Forty Million Dollars ($40,000,000) Guaranteed Maximum Price budget Unknown at the time of execution of this agreement. The Owner, Architect, and Construction Manager will work together to define a mutually agreeable project schedule, including design activities. Additions and Deletions Report for AIA Document A133 — 2019. Copyright® 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AEA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16,00 21 FT cn 1110812023 under Order No 2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1447978347) September 1, 202-4, subject to change Aer the mutually agreeable project schedule noted above. April 1.2026, sub ect to change per the mutually agreeable project schedule noted above. Unknown at the time of execution of this agreement. Primary construction activities should take glace in the South Bend Cubs off-season, which isyrimarily September IS until April 151 of the follow ing_year. Construction may occur during the baseball season if the facility can be used to safely host games with attendees. No specific sustainably objectives have been identified at the time of execution of this agreement. The Owner anticipates developer mutually agreeable and reasonably achievable sustainability goals in consultation with the Architect and Construction Manager. The Owner desires, but does not require, the second deck portion of the project to be completed during the first off-season of the construction of the project and have that portion of the project ready, but not necessarily complete, for the first baseball game of the next season. Patrick Sherman, PMP, DASM City of South Bend Department of Public Works 227 W. Jefferson Blvd.. Ste. 1316 South Bend, IN 466A Office: (574) 235-5601 psherman0southbendi n, gov PAGE 4 Jones Petrie Rafinski Diamel [Dil Charinat Jr., AIA, NCARB Director of Architecture - Jones Petrie Rafinski Office (574) 232-4388 Diamel Charinat <dcharmataipr1 source.com> Brian T. Larson Larson -Danielson Construction Co., Inc. 302 Tyler St. La Porte, IN 46350 btl@ ldconstruction.com Additions and Deletions Report for AIA Document A133 — 2019_ Copyright V 1991, 2003, 2009, and 2019>. All rights reserved. "The American Institute of Architects." "American Institute of Architects," "AIA." the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 16,00-21 ET on t I W12023 under Drder No-2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn . User Notes: (1447978347) Not applicable As set forth in this agreement and in accordance with Indiana Code 5-32 (Employment of Construction Managers as Constructors for Projects). PAGE 5 Not applicable The Contract Documents consist of this Agreement, Conditions of the Contract AIA Document A24I TM-2017, General Conditions of the Contract for Construction, unmodified 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. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. if anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. PAGE § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approves! Project budget, --budget and make recommendations for corrective action. PAGE 7 § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner's requirements, for the Owner's review and approval. In addition, in accordance with Indiana Code 5-32 the Construction Manager may prequalify potential subcontractors based on written criteria developed by the Construction Manager and approved by the Owner. Approval shall not be unreasonably withheld. Upon approval, the written criteria shall become the Owner's established and published bidder prequalification criteria for the Project. The Construction Manager shall bid and award first -tier subcontracts in accordance with Indiana Code 5-32 and 36-1-12. § 3.1.11.2 The Construction Manager shall develop bidders' interest in the PF9jaet.Proiect, including, but not limited_ to, outreach events and or meetingsggested by the Owner. Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this deGuiHeRtdoc u ment. PAGE 8 Additions and Deletions Report for AIA Document A133 — 2019_ Copyright V 1991, 2003, 2009, and 2019>. All rights reserved. "The American Institute of Architects," "American Institute of Architects,' "AIA." the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was pmduced at 16,00-21 ET on t I W12023 under Order No-2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn . User Notes: (1447978347) 3.1.15 Self -Performed Work The Construction Manager may self -perform a portion of the Work not to exceed 20% of the value of the Project, provided, however, the Construction Manager shall submit and open its bids far these portions of the Work at the same time and in accordance with the same bid requirements as all other bidders for the Project. The Construction Manager shall be awarded the portion of the work for which the Construction Manager's bid is the lowest responsive and responsible bid. Any such self -performed portion of the Work for which the Construction Manager is determined to be the lowest responsive and responsible bid shall be documented in the Guaranteed Max imurn Price proposal or in a Change Order, if the bids for such portion of the Work are completed after acceptance of the Guaranteed Maximum Price proposal. PAGE 11 The total lump sum amount of Seventy -Six Thousand_ Five Hundred Dollars ($76,500) Not Applicable § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within t }twelve LL2j-months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid � thirty (30) 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. There will be no interest on late payments. Three and four tenths of a percent (3.4%) of the Cost of the Work as defined in Article 7. Three and four tenths of a percent (3.4%) of the Cost of the Work of the change as defined in Article 7. § 6.1.4 Limitations, if any, on a Subcontractor's or the Construction Manager's self -performed work overhead and profit for increases in the cost of its portion of the Work: I For each subcontractor, sub -subcontractor, or the Construction Manager's self -performed work, for Work performed by its own force, ten percent ( 10%) of that cost. .2 For each subcontractor, or the Construction's Manager's self -performed work, for Work performed by its subcontractors or sub -subcontractors, five percent (5%) of that cost. .3 Costs to which overhead and 2rofit are to be applied shall be determined in accordance with Section 7.3.4 of A201-2017. § 6.1.5 Rental rates for Construction Manager -owned equipment shall not exceed pepcent'�44he standard rental rate paid at the place of the Project. PAGE 12 Not applicable. Additions and Deletions Report for AIA Document A133 — 2019_ Copyright V 1991, 2003, 2009, and 2019>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA." the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft 4 was produced at 16,00-21 ET on I I W12023 under Drder No-2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn . User Notes: (1447978347) Not applicable. PAGE 13 7.1.4 For the Construction Manager's self -performed portion of the Work, if any, awarded in accordance with Section 3.1.15, the current lump sum amount for that portion of Work as documented in the Guaranteed Maximum Price proposal or by Change Order shall be the cost to be reimbursed. Costs included in the Construction Manager's self -performed portion of the Work shall not be reimbursed as part of any other section in Article 7. Senior Proiect Manatier/Director, Proiect Manager, and Project Engineer when performing management and administrative activities for the Project. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. Rates for the personnel listed in Exhibit 2 shall be used in lieu of actual costs. Rates shall be adjusted on an annual basis on July 151 of each ,year. PAGE 15 .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section ;-2—,7.2.2.1, or as may be provided in Article 14, PAGE 16 The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to this r^Contract and such documents will be subject to Indiana Code 5-14-3. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. PAGE 17 § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 15th day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the 15th day of the following; month. if an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than { }forty-five [45) days after the Architect receives the Application for Payment. § 11.1.4 With each Application for Payment, the Construction Manager 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 payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager's Fee. Such records will be subject to Indiana Code 5-14-3. PAGE 18 Five Percent (5%) Additions and Deletions Raport for AIA Document A133 — 2019_ Copyright V 1991, 2003, 2009, and 2019>. All rights reserved. "The American Institute of Arch itects. " 'America n Institute of Architects,' "AIA." the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was pmduced at 16,00-21 ET on t I W12023 under Order No-2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn . User Notes: (1447978347) Costs of the Work that are not Subcontract Costs or lump sum amounts for the Construction Manager's self -performed portion of the Work None A amount equal to 200% of the value of each uncompleted work item shall be held upon Substantial Completion until the item is complete. PAGE 1$ .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2.11.2.2.2. and .4 The City's Board of Public Works has closed the proiect and issued all related paperwork thereto. PAGE 20 %—Interest rate is 0%. [ X ] Arbitration pursuant to Article 15 of AIA Document A201-2017 PAGE 22 i 0% of the Construction Manager's Fee that would have been earned on the estimated Cost of Work not completed at the date of termination, The estimated Cost of Work not completed shall be as documented in the Guaranteed Maximum Price Proposal and Change Orders up to the date of termination. § 14.3.1.1 Commercial General Liability with policy limits of not less than {�Five Million Dollars($ 5,000,000) for each occurrence and (S—+Five Million ($5,000.000] in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager with policy limits of not less than ($—}One Million Dollars {$1,000,000? per accident for bodily inj ury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than (" ne Hundred Thousand Dollars ($ 100,000) each accident. One Hundred Thousand Dollars ($ 100,000) each employee, and One Hundred Thousand Dollars ($ 1 D0,000) policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars ($ 2_000,000 ) per claim and Two Million Dollars ($ 10 000 ) in the aggregate. PAGE 23 Not applicable. Not applicable. Additions and Deletions Report for AIA Document A133 — 2019_ Copyright V 1991, 2003, 2009, and 2019>. All rights reserved. "The American Institute of Architects." "American Institute of Architects," "AIA." the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was pmduced at 16,00-21 ET on t I W12023 under Drder No-2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn . User Notes: (1447978347) .1 A]A Document AI33TM-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum PfioePrice, as modified .3 AIA Document AI33TM-2019, Exhibit B, Insurance and Bon&Bonds as modified .6 .5 Other Exhibits: C--Q-RstR-W-4.,_ —Rditi ,. dated a . ," .o, "ealwiy:x 1 Exhibit-1:-Design Scope document, by Populous, dated September 26, 2022, 13 pages Supplamentafy and other Gendiiiwnsof the Cunt X ]Exhibit 2: Personnel Labor Rates, dated October 13, 2022, 1 page Document T41e Date Rages :7 .6 Other documents, if any, listed below: PAGE 24 None Additions and Deletions Report for AIA Document A133 — 2019_ Copyright V 1991, 2003, 2009, and 2019>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was pmduced at 16,00-21 ET on t I W12023 under Drder No-2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn . User Notes: (1447978347) CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member LARSON-DANIELSON CONSTRUCTION COMPANY, INC (Si nab rare) Brian T. Larson, President (Printed name and ritlel Joseph R. Molnar, Vice President Alexandra Dolz-Lane, Member Attest: Theresa M. Heffner, Clerk Date: November 14, 2023 Additions and Deletions Report for AIA Document A133 — 2019_ Copyright V 1991, 2003, 2009, and 2019>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft g was pmduced at 16,00-21 ET on t I W12023 under Order No-2114477497 which expires on 1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn . User Notes: (1447978347) Certification of Document's Authenticity AKA ' Dmiment D401 TM - 2003 1, Brian T. Larson, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:00:21 ET on 11/08/2023 under Order No. 2114477497 from A]A Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAI Document A 133TM — 2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 — 20C3. Copyright C 1992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced a1 16-00-21 ET on 1110812023 under Order No 2114477497 which expires on 1011W2024, is not far resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1447978347) t-,- AIA Document A133 - 2019 Exhibit B Insurance and Bonds This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Construction Manager, dated the 8th day of November in the year 2023 (In words, indicate day, month and year.) for the following PROJECT; (Name and location or address) Four Winds Renovation and Expansion THE OWNER: (Name, legal status, and address) City of South Bend 227 West Jefferson Ave South Bend, IN THE CONSTRUCTION MANAGER' (Name, legal status, and address) Larson -Danielson Construction Company, Inc. 302 Tyler Street La Porte, IN 46350 TABLE OF ARTICLES 5.1 GENERAL B.2 OWNER'S INSURANCE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS B.4 SPECIAL TERMS AND CONDITIONS ARTICLE B.1 GENERAL The Owner and Construction Manager shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A20ITm-2017, General Conditions of the Contract for Construction. ARTICLE B.2 OWNER'S INSURANCE § B.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article B.2 and, upon the Construction Manager's request, provide a copy of the property insurance policy or policies required by Section B.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. § B.2,2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual general liability insurance. 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 infcrmation as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text_ This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201 Tm--2017, General Conditions of the Contract for Construction. Article 11 of A201 Tm--2017 contains additional insurance provisions. Init. AIA DocumentA133 — 2019 Exhibit B. Copyright® 2019. All rights reserved. "The American Institute or Architects," "American Institute of Architects." "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced a1 16-15-07 ET on 1110812023 under Order No 2114477497 which expires on 1011WO 24, is not far resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract l Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (842360881) § B.2.3 Required Property Insurance § 8.2.3.1 Unless this obligation is placed on the Construction Manager pursuant to Section B.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section B.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Construction Manager, Subcontractors, and Sub -subcontractors in the Project as insureds_ This insurance shall include the interests of mortgagees as loss payees. § 8.2.3.1.1 Causes of Loss. The insurance required by this Section B.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub -limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub -limit.) Cause of Loss Sokimit § B.2.3.1.2 Specific Required Coverages. The insurance required by this Section B.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect's and Construction Manager's services and expenses required as a result of such insured loss, including claim preparation expenses. Sub -limits, if any, are as follows: (Indicate below type of coverage and any applicable sub -limit for specific required coverages.) Coverage Sub -Limit § B.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section B.2.3.1 or, if necessary, replace the insurance policy required under Section B.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § B.2.3.1.4 deductibles and Self -Insured Retentions. Ifthe insurance required by this Section B.2.3 is subject to deductibles or self -insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § B.212 Occupancy or Use Prior to Substantial Completion. The Owner's occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing, § 8.2.3.3Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section B.23.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. Init. AIA DocumentA133 — 2019 Exhibit B. Copyright® 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects." "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced a1 16-15-07 ET on 1110812023 under Order No 2114477497 which expires on 1D1IWO24, is not far resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract i documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (842360881) § B.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) ofselected insurance. For each type of insurance selected, indicate applicable !imits of coverage or other conditions in the fill point below the selected item.) [ ] § B.2.4,1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner's property, or the inability to conduct normal operations due to a covered cause of loss. [ ] § B.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any lave or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ] § B.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ] § B.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ] § B.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ] § B.2.4.6 IngresslEgress Insurance, for loss due to the necessary interruption of the insured's business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ] § B.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above nonnal expenses. § B.2.5 Other Optional Insurance. The Owner sha€I purchase and maintain the insurance selected below, (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) tn�t AIA Document A133-2019 Exhibit B. Copyright 02019. All rights reserved. "The American Institute of Architects," "American Institute of Architects." "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced al 16-15-07 ET on 1110812023 under Order No 2114477497 which expires on 1011t712024, is not far resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract t documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (842360881) [ ] § 13.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ] § B.2.5.2 Other Insurance (Lis r below any other insurance coverage lobe provided by the Owner and any applicable limits.) Coverage Limits ARTICLE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS § 13.3.1 General § B.3.1.1 Certificates of Insurance. The Construction Manager s h a I I provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B.3 at the following times. (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance, and (3) upon the Owner's written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section 13.3.2.1 and Section 13.3.3.1. The certificates will show the Owner as an additional insured on the Construction Manager's Commercial General Liability and excess or umbrella liability policy or policies. § B.3.1.2 Deductibles and Self -Insured Retentions. The Construction Manager shall disclose to the Owner any deductible or self insured retentions applicable to any insurance required to be provided by the Construction Manager. § B.3.1.3 Additional Insured Obligations. 'ro the fullest extent permitted by law, the Construction Manager shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect's consultants as additional insureds for claims caused in whole or in part by the Construction Manager's negligent acts or omissions during the Construction Manager's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect's consultants, CG 20 32 07 04. § B.3.2 Construction Manager's Required Insurance Coverage § B.3,2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully author ized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain insurance far a duration other than the expiration of the period for correction of Work, state the duration.) No different duration. § 6.3.2.2 Commercial General Liability § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than Ten Million Dollars ($ 10,000,000 ) each occurrence, Ten Million Do[[ars ($ 10,000,000 ) general aggregate, and `E'en Million Dollars ($ 10,000,000 ) aggregate for products -completed operations, hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death) of any person; tn�t AIA Document A133-2019 Exhibit B. Copyright 02019. All rights reserved. "The American Institute of Architects," "American Institute of Architects." "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced a1 16-15-07 ET on 1110812023 under 4 Order No 2114477497 which expires on 1011t712024, is not far resale, is licensed for one-time use only, and may only be used in accardance with the AIA Contract t documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (842360881) .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Construction Manager's indemnity obligations under Section 3.18 of the General Conditions. § B.3.2.2.2 The Construction Manager's Commercial General Liability policy under this Section B.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Construction Manager's Work arising out of the products -completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Clairns or loss excluded under a prior work endorsement or other similar exclusionary language. .$ Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi -family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (El FS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § B.3.2.3 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager, with policy limits of not less than One Million Dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § B.3.2.4 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section 13 3.2.2 and B.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § B.3.2.5 Workers' Compensation at statutory limits. § B.3.2.6 Employers' Liability with policy limits not less than One Million Dollars ($ 1,000,000 ) each accident, One Million Dollars ($ 1,000,000 ) each employee, and One Million Dollars ($ 1,000,000 ) policy limit. § B.3.2.7 Jones Act, and the Longshore & Harbor Workers' Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks § B.3,2.8 If the Construction Manager is required to furnish professional services as part of the Work, the Construction Manager shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Million Doi lars ($ 2,000,000 ) in the aggregate. § B.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall procure Pollution Liability insurance, with policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Mill ion Doi lars ($ 2,000,000 ) in the aggregate. Init. AIA DocumentA133 — 2019 Exhibit B. Copyright® 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects." "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced a1 16-15-07 ET on 1110812023 under Order No 2114477497 which expires on 1D1IWO24, is not far resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract 1 documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (842360881) § B.3.2.10 Coverage: under Sections B.3.2.8 and B.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Million Dollars ($ 2,000,000 ) in the aggregate. § B.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § B.3.2.12 insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § 8.3.3 Construction, Manager's Other Insurance Coverage § B.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period.for correction of Work, state the duration.) § B.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section B.3.3.1. {Select the types of insurance the Construction Manager is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point) [ X ] § B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section 13.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section 13.2.31.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3 except to the extent provided below, The Construction Manager shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds ofthe property insurance in accordance with Article i I of the General Conditions unless otherwise set forth below: (Where the Construction Manager's obligation to provide property insurance differs from the Owner's obligations as described under Section B.2.3, indicate such differences in the space Below, Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article I I of the General Conditions, indicate the responsible party below.) § B.3.3,2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. § B.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos -containing materials. § B.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ] § B.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Construction Manager and used on the Project, including scaffolding and other equipment. Init. AIA Document A133-2019 Exhibit B. Copyright 02019. All rights reserved. "The American Institute of Architects," "American Institute of Architects." "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced a1 16-15-07 ET on 1110812023 under S Order No 2114477497 which expires on 1011W2024, is not far resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract t documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (842360881) [ ] § B.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager- and any applicable limits) Coverage Limits § B.3.4 Performance Bond and Payment Bond The Construction Manager shall provide surety bonds, within 10 days of acceptance of the Guaranteed Maximum Pricc proposal, from a company or companies IawfuIIy authorized to issue surety bonds in the jurisdiction where the Project is located, as follows: (Speck type and penal sum of bonds) Type Payment B and Performance Bond Maintenance Bond (3 years post -completion) Penal Sum {$0.00) 100% of the Guaranteed Maximum Price 100% of the Guaranteed Maximum Price 10%of the Guaranteed Maximum Price Payment and Performance Bonds shall be AIA Document A312r+11, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312TM, current as of the date of this Agreement. ARTICLE BA SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: None tn�t AIA DocumentA133 — 2019 Exhibit B. Copyright® 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects." "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced a1 16:15:07 ET on 1110812023 under Order No �7 74477497 which expires on it711t]l202d, is not far resale, is licensed for on use only, and may only be used in accordance with the AIA Contract t documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (842360881) Additions and Deletions Report for AW' Document A13315— 2019 Exhibit B This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AM text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: Thls Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AEA software at 16:15:07 ET on 11/08/2023. PAGE This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Construction Manager, dated the 8th day of November in the year 2023 Four Winds Renovation and Expansion City of South Bend 227 West Jefferson Ave South Bend, IN Larson -Danielson Construction Company, Inc. 302 Tyler Street La Porte, IN 46350 PAGE 4 No different duration. § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than Ten Million Dollars ($ 10,000,000 ) each occurrence, Ten Million Dollars ($ 10,000.000 ) general aggregate, and Ten Million Dollars ($ 10,000,000) aggregate for products -completed operations hazard, providing coverage for claims including PAGE 5 § 8.3.2.3 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager, with policy limits o€'not less than One Million Dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § 13.3.2.6 Employers' Liability with policy limits not less than One Million Dollars ($ 1,000,000 } each accident, One Million Dollars ($ 1,000,000 ] each employee, and One Million Dollars ($ 1 000,000 ) policy limit. Additions and Deletions Report for AIA Document A133 — 2019 Exhibit B. Capyright(D 2019. Ail rights reserved. "The American Institute of Architects," "American Institute of Architects;' "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-15�07 ET on 11l0812023 under Order No-2114477497 which expires on 10)1012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Doc uments° Terms of Service. To report copyright violations, a -mail d od nfo@ eiacontra cts nnm User Notes: § B.3.2.8 If the Construction Manager is required to furnish professional services as part of the Work, the Construction Manager shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Million Dollars ($ 1,000,000 ) in the aggregate. § 13.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall procure Pollution Liability insurance, with policy limits of not less than Two Million Dollars {$ 2,000,000 } per claim and Two Million Dollars {$ 2.000.000 in the aggregate. § B.3,2.10 Coverage under Sections 13.3.2.8 and B.3.2.9 may be procured through a Combined Professional Liability and Poilution Liability insurance policy, with combined policy limits of not less than Two Million Dollars {$ 2,000,000 ) per claim and Two Million Dollars {$ 2,OQ0,000) in the aggregate. PAGE 6 [ § B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section 13.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3 1.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3 except to the extent provided below. The Construction Manager shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article l 1 ❑f the General Conditions unless otherwise set forth below: PAGE 7 The Construction Manager shall provide surety bonds, within 10 days of acceptance of the Guaranteed Maximum Price proposal, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located, as follows: Payment Bond Performance Bond Maintenance Bond Q years post -completion) None 100% of the Guaranteed Maximum Price 100% of the Guaranteed Maximum Price 10% of the Guaranteed Maximum Price Additions and Deletions R9portfor AIA Document A133 — 2019 Exhibit B. Copyright Q2019>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AlA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 16,15:07 ET on 1110812023 under Order No 2114477497 which expires on 1011D12024, is not For resale, is licensed for one-time use only, and may only he used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontractsrom User Notes: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/09/2023 Name Patrick Sherman Department Public Works BPW Date 11 /14/2023 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Mickey Lovy Check the Appropriate Item I Professional Services Agreement ® Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I-1 Other: Michael Schmidt ❑ Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach Company or Vendor Name Larson Danielson Construction Company, Inc. New Vendor ❑ Yes[:] If Yes, Approved by Purchasing ® No MBE/WBE Contractor ❑ MBE Completed E-Verify Form Attached ❑ Yes No Project Name Four Winds Field Renovation and Expansion CMc Project Number PROJ00000499 Funding Source PSCDA Fund: PR-00026706 Account No. 413-11-201-202-443001--PROJ00000454 Amount $76,500.00 Terms of Contract AIA — A 13 3 Contract Purpose/Description Agreement for pre -construction services for the Four Winds Renovation and Expansion, as well as setting the terms for the eventual GMP. For Change Orders Onl Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Increase % Decrease ( % Increase % Total Percent of Change: Decrease % Time Extension Amount: New Completion Date: