HomeMy WebLinkAboutPR 19898: EDC AGREEMENT WITH SETEX CONSTRUCITON CORPORATION PHASE 1 2ND FLOOR AT 501 PROCTER STREET Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO
Date: September 19, 2017
Subject: P. R. No. 19898; Council Meeting of September 26, 2017
ATTACHED IS PROPOSED RESOLUTION NO. 19898
APPROVING THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION ENTERING
INTO A STANDARD FORM OF AGREEMENT WITH SETEX
CONTSTRUCTION CORPORATION FOR PHASE I
CONSTRUCTION OF THE 2ND FLOOR BUILD-OUT AT 501
PROCTER STREET AT A COST NOT TO EXCEED $167,200.00
FUNDS AVAILABLE IN EDC ACCOUNT #120.1429.582.59-01
P.R. No. 19898
9/18/20176
RESOLUTION NO.
A RESOLUTION APPROVING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION ENTERING INTO A STANDARD FORM OF
AGREEMENT WITH SETEX CONSTRUCTION
CORPORATION FOR PHASE 1 CONSTRUCTION OF THE
2nd FLOOR BUILD-OUT AT 501 PROCTER STREET AT A
COST NOT TO EXCEED $167,200.00 FUNDS AVAILABLE IN
EDC ACCOUNT # 120.1429.582.59-01
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
(the "PAEDC") solicited and received two proposals for the finish-out of the 2ND floor in the
building at 501 Procter Street; and
WHEREAS, on September 11, 2017 the PAEDC Board of Directors approved entering
into a Standard Form of Agreement with SETEX Construction Corporation ("SETEX") for the
build-out of Phase 1 of the 2nd floor of the 501 Procter Street building at a cost not to exceed
$167,200.00 as described in Exhibit"A"; and
WHEREAS, the PAEDC Board of Directors feels that the build-out of the 2nd floor of
the 501 Procter Street building will assist in marketing the vacant lease space as finished out
office space will be more favorable to lessees.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby approves the City of Port Arthur Section 4A
Economic Development Corporation entering into a Standard Form of Agreement with SETEX
Construction Corporation for Phase 1 construction of the 2nd floor build-out of the building at
501 Procter Street at a cost not to exceed$167,200.00.
•
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2017.
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
•
NOES:
Derrick Freeman,Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batiste, AEDC C 0
APPROVED AS TO FORM:
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO FORM:
vii `
, —0
Valecia R. Tizeno, COAttorney
AIAx Document A107"> - 2007
Standard Form of Agreement Between Owner and Contractor for a
Project of Limited Scope
AGREEMENT made as of the« »day of« »in the year«
(In words,indicate day,month and year.)
BETWEEN the Owner: ADDITIONS AND DELETIONS: The
author of this document has
(Name,legal status,address and other information) added information needed for
its completion. The author
«Port Arthur Economic Development Corporation»« » may also have revised the
«4173 39th Street text of the original AIA
standard form.;An Additions
Port Arthur,Texas 77642» and Deletio s ,port that
«Telephone Number:exas7642» 3-1579» notes added in ormation as
« )) well as rev si ns to the
standard fo ext is
available from he anthn,'and
and the Contractor: ishould be reviewed..
(Name,legal status,address and other information) This document has important
legal consequences. -
«SETEX Construction Corp »« » Consultation with an
«166O S.23rd Stree » attorney is_encouraged with {Formatted:Superscript
a � respect-ta its-complcfion-or----""
«Beaumont.TX 77707 » modification.
«Mr.Nathan Rivers »
for the following Project:
(Name,location and detailed description)
« 501 Procter Second Florr Finish-Out-Phase One»
« »
« »
The Architect:
(Name,legal status,address and other information)
« Haddon+Cowan Architect's Collaborative»« »;
«2301 East Riverside Drive,Building A Suite 80 ri
« Austin,Texas 78741»
«Atm:Michael Cowan 512-374-9120 »
The Owner and Contractor agree as follows.
ELECTRONIC COPYING of any
portion of this AIA°Document to
another electronic file is
prohibited and constitutes a
violation of copyright laws as
set forth in the footer of this
document.
AIA D°a,oant A107m-2007.Copyright a 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights...rued.AMINO:This AW Document is protoceed by U.S.Copyright Law and International Treaties.Unauthorized
reproduction or distribution of this ALV Document,or any portion of it,may result in saver,civil and criminal penalties,and will be prosecuted Y
to the maximum orient possible under the law.This draft was produces by ALA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
expires on 12/12/2017, and is not for resale.
User Notes: 1309ADA32)
•
TABLE OF ARTICLES
1 THE WORK OF THIS CONTRACT
2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3 CONTRACT SUM
4 PAYMENT
5 DISPUTE RESOLUTION
6 ENUMERATION OF CONTRACT DOCUMENTS
7 GENERAL PROVISIONS
8 OWNER
9 CONTRACTOR
10 ARCHITECT
11 SUBCONTRACTORS
12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
13 CHANGES IN THE WORK
14 TIME
15 PAYMENTS AND COMPLETION
16 PROTECTION OF PERSONS AND PROPERTY
17 INSURANCE&BONDS
18 CORRECTION OF WORK
19 MISCELLANEOUS PROVISIONS
20 TERMINATION OF THE CONTRACT
21 CLAIMS AND DISPUTES
EXHIBIT A DETERMINATION OF THE COST OF THE WORK
ARTICLE 1 THE WORK OF THIS CONTRACT
The Contractor shall execute the Work described in the Contract Documents,except as specifically indicated in the
Contract Documents to be the responsibility of others.
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§2.1 The date of commencement of the Work shall be the date ofthis Agreement unless a different date is stated below
or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
AIA Document A107m-2007.Copyright 1936, 1951. 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIM Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted
to the maximum extent possible under the law.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
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User Notes: (3e9ADA32)
•
(Insert the date of commencement,if it differs from the date of this Agreement or,if applicable,state that the date will
be fixed in a notice to proceed)
<< » 11111111111111111111111111111111111111110
§2.2 The Contract Time shall be measured from the date of commencement. [--i
§2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than« »(<i ii)days from the
date of commencement,or as follows:
(Insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of
commencement.If appropriate,insert requirements for earlier Substantial Completion of certain portions-of the
Work.)
t » s.
Portion of Work Substantial Completion Date
)) MIMOIMMia-
,subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions,if any,for liquidated damages relating to failure to achieve Substantial Co>rpletion ori time or/or
bonus payments for early completion of the Work) !!tl
ARTICLE 3 CONTRACT SUM
§3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract.The Contract Sum shall be one of the following:
(Check the appropriate box.)
r
[«X-»I Stipulated Sum,in accordance with Section 3.2 below
[« »] Cost of the Work plus the Contractor's Fee,in accordance with Section 3.3 belo
[a_»] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price,in accordance with
Section 3.4 below
(Based on the selection above,complete Section 3.2,3.3 or 3.4 below.) / i`
§3.2 The Stipulated Sum shall be«One Hundred Sixty-Seven Thousand Two Hundred Dollars»($«167.200.00»),
subject to additions and deductions as provided in the Contract Documents.
§3.2.1 The Stipulated Sum is based upon the following alternates,if any,which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates.If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement,attach a schedule ofoa.h other
alternates showing the amount for each and the date when that amount expires.)
« $4.200.00 for performance and payment bond.» �
§3.2.2 Unit prices,if any:
(Identify and state the unit price,and state the quantity limitations,if any,to which the unit,'ri'e will be applicable.)
Item Units and Limitations Price Per Unit($0.00)
« »
§32.3 Allowances included in the stipulated sum,if any: t
(Identify allowance and state exclusions,if any,from the allowance price.)
AIA Document A107m'-2007.Copyright C 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.',AMMO: This AIA• Document is protested by U.B.Copyright Law and International Treaties.Unauthorised
reproduction or distribution of this AIA• nt,or any portion of it,esy result in aevere civil and eriunal panaltand will be prosecuted
to the maximumextent possible under the law.aw.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
enpirea on 12/12/2017, and is not for resale.
User Notes: (3B9ADA32)
Item Allowance
« 0>
§3.3 COST OF THE WORK PLUS CONTRACTOR'S FEE
§3.3.1 The Cost of the Work is as defined in Exhibit A,Determination of the Cost of the Works
§3.3.2 The Contractor's Fee:
(State a lump sum,percentage of Cost of the Work or other provision for determining the Contractor's Fee and the
method of adjustment to the Fee for changes in the Work)
§ 3.4 COST OF THE WORK PLUS CONTRACTOR'S FEE WITH A GUARANTEED MAXIMUM PRICE
§3.4.1 The Cost of the Work is as defined in Exhibit A,Determination of the Cost of the Work.
§3.4.2 The Contractor's Fee:
(State a lump sum,percentage of Cost of the Work or other provision for determining the Contractor's F e a the
method ofadjustment to the Fee for changes in the Work) 4 {
« »
§3.4.3 GUARANTEED MAXIMUM PRICE L, I
§3.4.3.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed«1»
(S« »),subject to additions and deductions by changes in the Work as provided in the Contract Documents.Such
maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price.Costs which woule
the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement b -Own ,.---'
(Insert specific provisions if the Contractor is to participate in any savings.)
..400111
§3.4.3.2 The Guaranteed Maximum Price is based on the following alternates,if any,which are des •-dint e
Contract Documents and are hereby accepted by the Owner:
§3.4.3.3 Unit Prices,if any:
(Identify and state the unit price,and state the quantity limitations,if any,to which the unit pace x ill.ap is le.)
Item Units and Limitations Price Per Unit($0.00)
§3.4.3.4 Allowances included in the Guaranteed Maximum Price,if any:
(Identify and state the amounts of any allowances,and state whether they include labor,materi(1ls,or both.)
Item Allowance
§3.4.3.5 Assumptions,if any,on which the Guaranteed Maximum Price is based:
« »
ARTICLE 4 PAYMENTS
§ 4.1 PROGRESS PAYMENTS
§4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment
issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as - -.
provided below and elsewhere in the Contract Documents.
AIA Document 0107.-2007. Copyright C,1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. All rights reserved.N1881DC: This AIA Document is protected by U.e. Copyright Law and International Treaties. Unauthorised 4
reproduction or distribution of this AIA•law.
or any portion of it,may result in severe civil and criminal under es,and will 78 8116 which
to the maximum extent possible under the aThis draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
expires on 12/12/2017, and is not for resale.
User Notes: (3B9ADA32)
•
§4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the
month,or as follows:
§4.1.3 Provided that an Application for Payment is received by the Architect not later than the a »day of a month,the
Owner shall make payment of the certified amount to the Contractor not later than the« »day cf the«%»month.If an
Application for Payment is received by the Architect after the date fixed above,payment shall be made by the Owner
not later than«I»(«1»)days after the Architect receives the Application for Payment.
(Federal,state or local laws may require payment within a certain period of time.)
§4.1.4 Retainage,if any,shall be withheld as follows:
« 5%retainage shall be withheld»
§4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment i 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.)
a »°»« »
§4.2 FINAL PAYMENT
§4.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the
Contractor when
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work f„]
as provided in Section 18.2,and to satisfy other requirements,if any,which extend beyond final
payment;
.2 the contractor has submitted a final accounting for the Cost of the Work,where payment is on the basis of
the Cost of the Work with or without a guaranteed maximum price;and
.3 a final Certificate for Payment has been issued by the Architect.
§4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment,or as follows:
« » .
ARTICLE 5 DISPUTE RESOLUTION
§ 5.1 BINDING DISPUTE RESOLUTION
For any claim subject to,but not resolved by,mediation pursuant to Section 21.3,the meth d of binding 'spu
resolution shall be as follows:
(Check the appropriate box.If the Owner and Contractor do not select a method of bindin_disuse resoluiio below,
or do not subsequently agree in writing to a binding dispute resolution method other than tigetion,date w 11 be
resolved in a court of competent jurisdiction.)
[« »] Arbitration pursuant to Section 21.4 of this Agreement
[«X»] Litigation in a court of competent jurisdiction
[a »] Other(Specify)
« »
ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS
§6.1 The Contract Documents are defined in Article 7 and,except for Modifications issued after execution of this
Agreement,are enumerated in the sections below.
ALA Document A107m-2007. Copyright o 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. 811 rights reserved.[ANNING: This AIA• Dominant i.protected by U.0. Copyright Law and Iaternatdonal Treaties. Unauthoritad
reproduction or distribution of this AIA.Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted 5
to the maxim extant possible under the law.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557876116 which
expires on 12/12/2017, and is not for resale.
User Note.: (309ADA32)
§6.1.1 The Agreement is this executed AIA Document A 107-2007,Standard Form of Agreement Between Owner and
Contractor for a Project of Limited Scope.
§6.1.2 The Supplementary and other Conditions of the Contract:
Document Title Date Pages
«proposal Letter » Zr"Floor Finish-Qv/ -September 9,2017 -2 {Formatted:Superscript
§6.1.3 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
e »
Section Title Date Pages
« »
§6.1.4 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
« »
Number Title Date
« » Attachment"A" -August 2.2017
§6.1.5 The Addenda,if any:
Number Date Pages
u »
Portions of Addenda relating to bidding requirements are not part of the Contract Documents Mess the bidding
requirements are enumerated in this Article 6.
§6.1.6 Additional documents,if any,forming part of the Contract Documents: ;
.12 Exhibit cu Determinationt E of the ig t l the Work,if ibable.
.2 AIA Document E201T^+-2007,Digital Data Protocol Exhibit,if completed,or the following:
«1»
.3 Other documents:
(List here any additional documents that are intended to form part of the Co tra Docu nt•
ARTICLE 7 GENERAL PROVISIONS
§ 7.1 THE CONTRACT DOCUMENTS
The Contract Documents are enumerated in Article 6 and consist of this Agreement(including,if applicable,
Supplementary and other Conditions of the Contract),Drawings,Specifications,Addenda issued prior to the
execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of
this Agreement.A Modification is(1)a written amendment to the Contract signed by both parties, 2)a Change Order,
(3)a Construction Change Directive or(4)a written order for a minor change in the Work issue the Architect,.The
intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work
by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if
required by all;performance by the Contractor shall be required to the extent consistent with the Contract Documents
and reasonably inferable from them as being necessary to produce the indicated results.
§7.2 THE CONTRACT
The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written
or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be
AIA Document A107m-2007.Copyright®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. All rights reserved.NANNIIY: This AIA Document is protected by U.B. Copyright Law and International Treaties.Unauthorized
reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted 6
to the maximum extant possible under the law.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
expires on 12/12/2017, and is not for resale.
User Notes: (389ADA32)
construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the
Contractor.
§ 7.3 THE WORK
The term"Work"means the construction and services required by the Contract Documents,whether completed or
partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part pf the Project.
§ 7.4 INSTRUMENTS OF SERVICE
Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible
and intangible creative work performed by the Architect and the Architect's consultants under their respective
professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models,
sketches,drawings,specifications,and other similar materials.
§ 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
§7.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service,including the Drawings and Specifications,and will retain all common law,statutory and other
reserved rights,including copyrights.The Contractor,Subcontractors,Sub-subcontractors,and material or equipment
suppliers shall not own or claim a copyright in the Instruments of Service.Submittal or distribution to meet official
regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in
derogation of the Architect's or Architect's consultants'reserved rights.
§7.5.2 The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use
and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work.All
copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.The
Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers may not use the Instrumegtsof
Service on other projects or for additions to this Project outside the scope of the Work without the speci tten
consent of the Owner,Architect and the Architect's consultants.
16 �^~rte i
§ 7.6 TRANSMISSION OF DATA IN DIGITAL FORM I
If the parties intend to transmit Instruments of Service or any other information or documentation in dikital.iorrr,tl y
shall endeavor to establish necessary protocols governing such transmission,unless otherwise provided in the III
Agreement or in the Contract Documents.
ARTICLE 8 OWNER
§ 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§8.1.1 The Owner shall furnish all necessary surveys and a legal description of the site. /� ,-
§8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise
proper precautions relating to the safe performance of the Work.
§8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 9.6.1,the Owner shall secure and pay for other necessary approvals,
easements,assessments and charges required for the construction,use or occupancy of permanent structures or for
permanent changes in existing facilities.
§ 8.2 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the requirements of the C9ritract Documents,or •
repeatedly fails to carry out the Work in accordance with the Contract Documents,the Owner'may issue a writien
order to the Contractor to stop the Work,or any portion thereof,until the cause for such order is eliminated;however,
the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for
the benefit of the Contractor or any other person or entity.
§8.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents,•adIaits
within a ten-day period after receipt of written notice from the Owner to commence and continue correction..
default or neglect with diligence and promptness,the Owner,without prejudice to any other remedy the Owner may
AIA Document A107s'-2007.Copyright C 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. All rights reserved.WOWING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA'Document,or any portion of it,say result in severe civil end criminal penalties,and will be prosecuted
to the eeoivsus extent possible under the law.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
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have,may correct such deficiencies and may deduct the reasonable cost thereof,including Owner's expenses and
compensation for the Architect's services made necessary thereby,from the payment then or thereafter due the
Contractor.
ARTICLE 9 CONTRACTOR
§9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
§9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become
generally familiar with local conditions under which the Work is to be performed and correlated personal observations
with requirements of the Contract Documents.
§9.1.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the-
Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the
information furnished by the Owner pursuant to Section 8.1.1,shall take field measurements of any existing
conditions related to that portion of the Work and shall observe any conditions at the site affecting it.These obligations
are for the purpose of facilitating coordination and construction by the Contractor and are nbl for the purpose of
discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly
report to the Architect any errors,inconsistencies,or omissions discovered by or made knotvn to the Contractor as a
request for information in such form as the Architect may require.It is recognized that the Contractor's review is made
in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically
provided in the Contract Documents.
§9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accord.nce h applicable laws,
statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,butitlte Contractor shall
promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for
information in such form as the Architect may require.
§9.2 SUPERVISION AND CONSTRUCTION PROCEDURES
§9.2.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The
Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences
and procedures,and for coordinating all portions of the Work under the Contract,unless the Contract Documents give
other specific instructions concerning these matters.
§9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, 1
Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on
behalf of the Contractor or any of its Subcontractors.
§9.3 LABOR AND MATERIALS
§9.3.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor,
materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other
facilities and services necessary for proper execution and completion of the Work whether.em orary or permanent
and whether or not incorporated or to be incorporated in the Work.
§9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's e loyees and other
persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them.
§9.3.3 The Contractor may make a substitution only with the consent of the Owner,after evaluation e Architect
and in accordance with a Modification.
§9.4 WARRANTY
The Contractor warrants to the Owner and Architect that materials and equipment furnished der the Contract will be
of good quality and new unless the Contract Documents require or permit otherwise.The ntractor further warrants
that the Work will conform to the requirements of the Contract Documents and will be free from defects,except for
those inherent in the quality of the Work the Contract Documents require or permit.Work, atedials,or equipment not
conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for
damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient
maintenance,improper operation or normal wear and tear under normal usage.
AIA Document 1107''-2007. Copyright o 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. All rights reserved.IOIWINO: This AIA Document is protected by U.B. Copyright Law and International Treaties.Unautlioriaed
reproduction or distribution of this AIA•Document,or any portion of it,may result in severe civil and criminal penalties,and rill be prosecuted
to the maxinum extent possible under the law.This draft was produced by MA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
expires on 12/12/2017, and is not for resale.
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§ 9.5 TAXES
The Contractor shall pay sales,consumer,use and other similar taxes that are legally enacted when bids are received or
negotiations concluded,whether or not yet effective or merely scheduled to go into effect.
§9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS
§9.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure ad ply for the building
permit as well as other permits,fees,licenses and inspections by government agencies neces for proper execution
and completion of the Work that are customarily secured after execution of the Contract anti le ally required at the
time bids are received or negotiations concluded.
§9.6.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes,
rules and regulations,and lawful orders of public authorities applicable to performance of the Work.If the Contractor
performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or
lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear
the costs attributable to correction.
17
§9.7 ALLOWANCES
The Contractor shall include in the Contract Sum all allowances stated in the Contract Doc epts.The Owner shall
select materials and equipment under allowances with reasonable promptness.Allowance ounts shall include the
costs to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade
discounts.Allowance amounts shall not include the Contractor's costs for unloading and handling at The site,labor,
installation,overhead,and profit.
§9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES
§9.8.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and
Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits
current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the
Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall
provide for expeditious and practicable execution of the Work. II
§9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the
Owner and Architect.
§9.9 SUBMITTALS
§9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop
Drawings,Product Data,Samples and similar submittals required by the Contract Documents in coordination with the
Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review.By
submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents to the Owner and
Architect that the Contractor has(I)reviewed and approved them;(2)determined and verified materials,field
measurements and field construction criteria related thereto,or will do so;and(3)checked and coordinated the
information contained within such submittals with the requirements of the Work and of the Contract Documents.The
Work shall be in accordance with approved submittals.
§9.9.2 Shop Drawings,Product Data,Samples and similar submittals are not Contract Docdments -----' ---°—' 1
§ 9.10 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by applicable laws,statute ,ordinances,codes,
rules and regulations,lawful orders of public authorities,and the Contract Documents and s .(I no unreasonably --
encumber the site with materials or equipment.
§9.11 CUTTING AND PATCHING
The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts
fit together properly. i
AIA Dooumsnt A107m-2007.Copyright 8 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.NAFNIND: This nine Document is protected by U.S.Copyright Lac and International Treaties.Unauthorised
reproduction or distribution of this AIM Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted
to the maxion extent possible under the lax.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
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•
§9.12 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish
caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,
rubbish,the Contractor's tools,construction equipment,machinery and surplus material from and about the Project.
§9.13 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or lai s for infringement of
copyrights and patent rights and shall hold the Owner and Architect harmless from loss on ccciunt thereof,but shall
not be responsible for such defense or loss when a particular design,process or product of a articular manufacturer or
manufacturers is required by the Contract Documents or where the copyright violations areicontained in Dtawing"s;'—
Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason to.—
believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall
be responsible for such loss unless such information is promptly furnished to the Architect.
§ 9.14 ACCESS TO WORK
The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever
located.
§ 9.15 INDEMNIFICATION
§9.15.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Architect,
Architect's consultants and agents and employees of any of them from and against claims,damages,losses and
expenses,including but not limited to attorneys'fees,arising out of or resulting from performance ofthe Work,
provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,'disease or death,or to
injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent
acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for
whose acts they may be liable,regardless of whether or not such claim,damage,loss or expense is caused in part by a
party indemnified hereunder.Such obligation shall not be construed to negate,abridge,or reduce other rights or
obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1..
I I
§9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor,a
Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the
indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of gamages,
compensation or benefits payable by or for the Contractor or Subcontractor under workers'compensationacts,_
disability benefit acts or other employee benefit acts.
ARTICLE 10 ARCHITECT
§10.1 The Architect will provide administration of the Contract and will be an Owner's representative during
construction,until the date the Architect issues the final Certificate for Payment.The Architect wiTfli the autbo' to
act on behalf of the Owner only to the extent provided in the Contract Documents,unless otherwise modi ie4n
writing in accordance with other provisions of the Contract.
•
§10.2 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally
familiar with the progress and quality of the portion of the Work completed,and to determine in general,if the Work
observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with
the Contract Documents.However,the Architect will not be required to make exhaustive or coutnmous on-site
inspections to check the quality or quantity of the Work.The Architect will not have control over,charge of,or
responsibility for,the construction means,methods,techniques,sequences or procedures,or for safety precautions and
programs in connection with the Work,since these are solely the Contractor's rights and respepaibilities under the
Contract Documents.
§10.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed,and report to the Owner(1)known deviations frgm the Contract
Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and 3
deficiencies observed in the Work.The Architect will not be responsible for the Contractorts failure to perform the
Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or
charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or .._-_
employees,or any other persons or entities performing portions of the Work.
AIA°ornament A107e-2007.Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. All rights reserved.100114NG: This AIA• Document is protected by U.B.Copyright Law and International Treaties. Unauthorised
reproduction or distribution of this AIM Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted 10
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•
§10.4 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment,the
Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such
amounts.
§10.5 The Architect has authority to reject Work that does not conform to the Contract DocuTts and to require
inspection or testing of the Work.
§10.6 The Architect will review and approve or take other appropriate,action upon the Contractor's submittals such as
Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
§10.7 The Architect will interpret and decide matters concerning performance under,and requirements of,the
Contract Documents on written request of either the Owner or Contractor.The Architect will make initial decisions on
all claims,disputes and other matters in question between the Owner and Contractor but wil I not he liable for results of
any interpretations or decisions rendered in good faith.
§10.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent
expressed in the Contract Documents.
I I I
§10.9 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall
not be restricted,modified or extended without written consent of the Owner,Contractor and Architect.Consent shall "--1
not be unreasonably withheld.
ARTICLE 11 SUBCONTRACTORS
§11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
Work at the site.
§11.2 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as
practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of the
Subcontractors or suppliers for each of the principal portions of the Work.The Contractor shah not contract with any
Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days
receipt of the Contractor's list of Subcontractors and suppliers.If the proposed but rejected Subcontractor was..
reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by
the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before
commencement of the substitute Subcontractor's Work.The Contractor shall not be required to with anyone,71
to whom the Contractor has made reasonable objection. /
/ ref
7-----,§11.3 Contracts between the Contractor and Subcontractors shall(I)require each Subcontractor,to the eltent of the
Work to be performed by the Subcontractor,to be bound to the Contractor by the terms of the Contract Documents,
and to assume toward the Contractor all the obligations and responsibilities,including the responsibility fOr safety of
the Subcontractor's Work,which the Contractor,by the Contract Documents,assumes toward the Owner and
Architect,and(2)allow the Subcontractor the benefit of all rights,remedies and redress against the Contractor that the
Contractor,by these Contract Documents,has against the Owner.
ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
§12.1 The Owner reserves the right to perform construction or operations related to the Project with the Ownerzsown
forces,and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under conditions of the contract identical or substantially similar to these,including those
portions related to insurance and waiver of subrogation.If the Contractor claims that delay 'r additional cost is
involved because of such action by the Owner,the Contractor shall make such claim as pro id l in Article 21.
§12.2 The Contractor shall afford the Owner and separate contractors reasonable opportune f r introduction and
storage of their materials and equipment and performance of their activities,and shall conn ct and coordinate the
Contractor's activities with theirs as required by the Contract Documents.
AIA Document 0107=-2007.Copyright 0 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.NAMING: This AIA Document is prot.oted by U.S. Copyright Lan and International Treaties. Unauthorised
reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil end criminal penalties,and will be prosecuted AA
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§12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a
separate contractor because of delays,improperly timed activities or defective construction of the Contractor.The
Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed
activities,damage to the Work or defective construction of a separate contractor.
ARTICLE 13 CHANGES IN THE WORK
§13.1 By appropriate Modification,changes in the Work may be accomplished after execution of the Contract.The
Owner,without invalidating the Contract,may order changes in the Work within the gener4l scope of the Contract
consisting of additions,deletions or other revisions,with the Contract Sum and Contract Tillie being adjusted
accordingly.Such changes in the Work shall be authorized by written Change Order signed!by the Owner,Contractor
and Architect,or by written Construction Change Directive signed by the Owner and Architect.
§13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by
mutual agreement of the parties or,in the case of a Construction Change Directive signed only by the Owner and
Architect,by the Contractor's cost of labor,material,equipment,and reasonable overhead and profit,unless the
parties agree on another method for determining the cost or credit.Pending final determinationlof the total cost of a
Construction Change Directive,the Contractor may request payment for Work completed pursuant to the Construction
Change Directive.The Architect will make an interim determination of the amount of payment due for purposes of
certifying the Contractor's monthly Application for Payment.When the Owner and Contractor agree on adjustments
to the Contract Sum and Contract Time arising from a Construction Change Directive,the Architect will prepare a
Change Order.
§13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract
Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.Such changes
shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out
such written orders promptly.
§13.4 If concealed or unknown physical conditions are encountered at the site that differ materia,,lly-from those
indicated in the Contract Documents or from those conditions ordinarily found to exist,the go/in-act Sum and Contract
Time shall be equitably adjusted as mutually agreed between the Owner and Contractor;pr¢vided that the Contractor
provides notice to the Owner and Architect promptly and before conditions are disturbed.
ARTICLE 14 TIME
§14.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the
Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§14.2 Unless otherwise provided,Contract Time is the period of time,including authorized ad' tments,al din
Contract Documents for Substantial Completion of the Work. i
§14.3 The term"day"as used in the Contract Documents shall mean calendar day unless nate ise specif call
defined.
§14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3.
§14.5 If the Contractor is delayed at any time in the commencement or progress of the Worldly changes ordered in the
Work,by labor disputes,fire,unusual delay in deliveries,abnormal adverse weather conditions not reasonably
anticipatable,unavoidable casualties or any causes beyond the Contractor's control,or by other causes which the
Architect determines may justify delay,then the Contract Time shall be extended by Change Otter for such
reasonable time as the Architect may determine,subject to the provisions of Article 21.
ARTICLE 15 PAYMENTS AND COMPLETION l'
§ 15.1 APPLICATIONS FOR PAYMENT
§15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price,
the Contractor shall submit to the Architect,before the first Application for Payment,a schedule of values,allocating
the entire Contract Sum to the various portions of the Work,prepared in such form and supported by such data to
substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used
in reviewing the Contractor's Applications for Payment.
AIA Document A107s-2007.Copyright 0 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. All rights reserved.WARNING: This AIA Document is protected by U.B. Copyright Law and International Treaties. Unauthorized
reproduction or diatribution of this Ala.Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted 12
to the maximm extent possible under the law.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
expires on 12/12/2017, and is not for resale.
User Notes: (309AD02)
§15.1.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work,or the Cost of
the Work with a Guaranteed Maximum Price,the Contractor shall submit payrolls,petty cash accounts,receipted
invoices or invoices with check vouchers attached,and any other evidence required by the Owner to demonstrate that
cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed(1)progress
payments already received by the Contractor,less(2)that portion of those payments attrib to the Contractor's
Fee;plus(3)payrolls for the period covered by the present Application for Payment.
§15.1.3 Payments shall be made on account of materials and equipment delivered and suita ly tored at the site for
subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for
materials and equipment stored,and protected from damage,off the site at a location agreed upon in writing. I
§15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner
no later than the time of payment.The Contractor further warrants that upon submittal of ad Application for Payment
all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,
to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims,security interests
or other encumbrances adverse to the Owner's interests.
§ 15.2 CERTIFICATES FOR PAYMENT
§15.2.1 The Architect will,within seven days after receipt of the Contractor's Application fir Payment,either issue to
the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect dete1rniies is
properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding-certification in
whole or in part as provided in Section 15.2.3.
§15.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based
on the Architect's evaluations of the Work and the data comprising the Application for Payment,that,to the best e
Architect's knowledge,information and belief,the Work has progressed to the point indicated and that the quality o
the Work is in accordance with the Contract Documents.The foregoing representations are subjecstto an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests
and inspections,to correction of minor deviations from the Contract Documents prior to co mpletion and to specific
qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate
for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or
procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to-ascertain how or
for what purpose the Contractor has used money previously paid on account of the Contract Sum.
15.2.3 The Architect maywithhold a Certificate for Payment in whole or in
§ y part,to the extehtreasonably necessary.-to
protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 15.2.2 cannot be
made.If the Architect is unable to certify payment in the amount of the Application,the Aryhitect will notify the
Contractor and Owner as provided in Section 15.2.1.If the Contractor and the Architect ca not agree on a revised
amount,the Architect will promptly issue a Certificate for Payment for the amount for whi4h the Architect is able to
make such representations to the Owner.The Architect may also withhold a Certificate for payment or,because of
subsequently discovered evidence,may nullify the whole or a part of a Certificate for Paynienttpreviousty issued,to
such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is
responsible,including loss resulting from acts and omissions described in Section 9.2.2,because of
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of suclyclairps unless securi
acceptable to the Owner is provided by the Contractor; / if
.3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or
equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to the Owner or a separate contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid i
balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or - ----- f
.7 repeated failure to carry out the Work in accordance with the Contract Documents.
AIA Document A107.-2007.Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. All rights reserved.1011191NG: This AIA., Document is protected by U.B. Copyright Law and International Treaties. Unauthorised
reproduction or distribution of this AIA•Document,orand portion of it,may result in sever.civil and criminal penalties,awill be prosecuted 13
to the maxim,extent possible under the law.This draft was produced by AIX software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
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§15.2.4 When the above reasons for withholding certification are removed,certification will be made for amounts
previously withheld.
§ 15.3 PROGRESS PAYMENTS
§15.3.1 The Contractor shall pay each Subcontractor,no later than seven days after receipt ofpayment,the amount to
which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on
account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each
Subcontractor,require each Subcontractor to make payments to sub-subcontractors in similar manner.
§15.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of-money to,a
Subcontractor except as may otherwise be required by law. 1
1
§15.3.3 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of khe Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§ 15.4 SUBSTANTIAL COMPLETION
§15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy pr utilize the Work for
its intended use.
§15.4.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept
separately,is substantially complete,the Contractor shall prepare and submit to the Archite,t.aspnipr-hepsiye list of
items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
§15.4.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or
designated portion thereof is substantially complete.When the Architect determines that the Work or designated
portion thereof is substantially complete,the Architect will issue a Certificate of Substantial Completion which shell
establish the date of Substantial Completion,establish responsibilities of the Owner and Contractor for securit)I, I
maintenance,heat,utilities,damage to the Work and insurance,and fix the time within which the Contractor shall
finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall
commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided
in the Certificate of Substantial Completion.
§15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractpr-fer.--Weir written 7
acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surely,if
the Owner shall make payment of retainage applying to such Work or designated portion thereo uc y Il
be adjusted for Work that is incomplete or not in accordance with the requirements of the pont t Doc en .
§ 15.5 FINAL COMPLETION AND FINAL PAYMENT
§15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and
upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the
Architect finds the Work acceptable under the Contract Documents and the Contract fully rformed,the Architect
will promptly issue a final Certificate for Payment stating that to the best of the Architect's`krtawfedge;information
and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be
Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will
constitute a further representation that conditions stated in Section 15.5.2 as precedent to the,Contractor's being
entitled to final payment have been fulfilled. / j
§15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all
liens arising out of this Contract or receipts in full covering all labor,materials and equipment for which a lien could be
filed,or a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied
after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay
in discharging such lien,including costs and reasonable attorneys'fees. .
AIA Document A107e'-2007.Copyright t 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.NARNIN3: This AIA• Document is protected by U.B.Copyright Law and International Treaties. Unauthorised
reproduction or distribution of this A.°Document,orany portion of it,may result in severe civil and criminal penalties,and will be prosecuted 14
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§15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from
.1 liens,claims,security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents;or
.3 terms of special warranties required by the Contract Documents.
§15.5.4 Acceptance of final payment by the Contractor,a Subcontractor or material suppliershpll constitute a waiver
of claims by that payee except those previously made in writing and identified by that payeelas unsettled at the time of
final Application for Payment.
ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY
§ 16.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in
connection with the performance of the Contract.The Contractor shall take reasonable precautions for safety of,and
shall provide reasonable protection to prevent damage,injury or loss to
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,
under care,custody or control of the Contractor or the Contractor's Subcontractors or
Sub-subcontractors;and
.3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walls,ppvements,jro ways,
structures and utilities not designated for removal,relocation or replacement in the course of
construction.
The Contractor shall comply with and give notices required by applicable laws,statutes,or$inanres,codes,rules,and
regulations,and lawful orders of public authorities bearing on safety of persons and property and their protection from
damage,injury or loss.The Contractor shall promptly remedy damage and loss to property caused in whole or in part
by the Contractor,a Subcontractor,a sub-subcontractor,or anyone directly or indirectly employed by any of them,or
by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and
16.1.3,except for damage or loss attributable to acts or omissions of the Owner or Architect ornyone for whose
acts either of them may be liable,and not attributable to the fault or negligence of the Contractor.The foregoing
obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15.
§ 16.2 HAZARDOUS MATERIALS
§16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents reg
hazardous materials.If the Contractor encounters a hazardous material or substance not addressed in the Contract
Documents,and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
resulting from a material or substance,including but not limited to asbestos or polychlorinated b. yl(PCB),
encountered on the site by the Contractor,the Contractor shall,upon recognizing the conditt immediately stop /1
Work in the affected area and report the condition to the Owner and Architect in writing. enAfe material or
substance has been rendered harmless,Work in the affected area shall resume upon written)agr ement of\he Owner
and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Qontract Suln shall be
increased in the amount of the Contractor's reasonable additional costs of shutdown,delay andistart-up. !,
§16.2.2 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor,
Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,
damages,losses and expenses,including but not limited to attorneys'fees,arising out of or resulting-from
performance of the Work in the affected area,if in fact,the material or substance presents the risk of bodily injury or
death as described in Section 16.2.1 and has not been rendered harmless,provided that such claim,damage;loss or
expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangibleproperty
(other than the Work itself),except to the extent that such damage,loss or expense is due to the fault or negligence of
the party seeking indemnity.
§16.2.3 If,without negligence on the part of the Contractor,the Contractor is held liable by a gpvemment agency for
the cost of remediation of a hazardous material or substance solely by reason of performing Wdrk as required by the
Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
Al?.Document A107s-2007.Copyright o 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.lTh lIND: This AIA• DOCument is protected by U.S. Copyright Lie and International Treaties. Unauthorised
reproduction or distribution of this AIA•Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted 15'
to the maxim=extent possible under the law.This draft wee produced by Alit software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
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User Notes: (309ADA32)
•
ARTICLE 17 INSURANCE AND BONDS
§17.1 The Contractor shall purchase from,and maintain in a company or companies lawfully authorized to do business
in the jurisdiction in which the Project is located,insurance for protection from claims under workers'compensation
acts and other employee benefit acts which are applicable,claims for damages because of bodily injury,including
death,and claims for damages,other than to the Work itself,to property which may arise out of or result from the
Contractor's operations and completed operations under the Contract,whether such operations be by the Contractor or
by a Subcontractor or anyone directly or indirectly employed by any of them.This insurance shall be written for not
less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater,and
shall include contractual liability insurance applicable to the Contractor's obligations under Section 9.15.Certificates
of Insurance acceptable to the Owner shall be filed with the Owner prior to commencemengof the Work.Each policy
shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days'priorwritten- -
notice has been given to the Owner.The Contractor shall cause the commercial liability coterage required by the
Contract Documents to include:(1)the Owner,the Architect and the Architect's Consultants as additional insureds for
claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;
and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or
omissions during the Contractor's completed operations.
§ 17.2 OWNER'S LIABILITY INSURANCE i r
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability linst4rance. I
§ 17.3 PROPERTY INSURANCE
§17.3.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located,property insurance_Qn.an"all-risk"or ___J
equivalent policy form,including builder's risk,in the amount of the initial Contract Sum,plus the value of subsequent
modifications and cost of materials supplied and installed by others,comprising total value for the entire Project at the
site on a replacement cost basis without optional deductibles.Such property insurance shall be maintained,unless.-
otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance,until final payment has been made as provided in Section 15.5��or,until no person or
entity other than the Owner has an insurable interest in the property required by this Section-T/.S.I to be covered,
whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and j
sub-subcontractors in the Project.
-
§17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occ 1. -. h
policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not
reduced,until at least 30 days'prior written notice has been given to the Contractor.
§17.3.3 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,
sub-subcontractors,agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate
contractors described in Article 12,if any,and any of their subcontractors,sub-subcontractors,Agents and employees
for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to
Section 17.3 or other property insurance applicable to the Work,except such rights as they havA to proceeds of such
insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,
Architect's consultants,separate contractors described in Article 12,if any,and the subcontractors,
sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required
for validity,similar waivers each in favor of other parties enumerated herein.The policies shaltprovide-suclrwaivers
of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the
insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the
property damaged.
§17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Ownet as fiduciary and made
payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to tegdirements of any
applicable mortgagee clause.The Contractor shall pay Subcontractors their just shares of insurance proceeds received
by the Contractor,and by appropriate agreements,written where legally required for validity,shall require
Subcontractors to make payments to their sub-subcontractors in similar manner.
AIA Document A107 -2007.Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.NAMING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted 16
to the SISIXISSIZI extent possible under the law.This draft was produced by AIX software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
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User Notes: (309ADA32)
§ 17.4 PERFORMANCE BOND AND PAYMENT BOND
§17.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the
Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required
in the Contract Documents on the date of execution of the Contract.
§17.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of
obligations arising under the Contract,the Contractor shall promptly furnish a copy of the ilonds or shall authorize a
copy to be furnished. j I
ARTICLE 18 CORRECTION OF WORK
§18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements- —
of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,
installed or completed.Costs of correcting such rejected Work,including additional testing and inspections,the cost of
uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby,
shall be at the Contractor's expense,unless compensable under Section A.2.7.3 in Exhibit A,Determination of the
Cost of the Work.
§18.2 In addition to the Contractor's obligations under Section 9.4,if,within one year afterl the1date of Substantial
Completion of the Work or designated portion thereof or after the date for commencement of Warranties established
under Section 15.4.3,or by terms of an applicable special warranty required by the Contract Dpcuments,any of the
Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it
promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor
a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.
During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor
an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make
a claim for breach of warranty.
§18.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it in
accordance with Section 8.3.
§18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed
after Substantial Completion by the period of time between Substantial Completion and the actual completion of that
portion of the Work.
§18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Article 18.
{
ARTICLE 19 MISCELLANEOUS PROVISIONS
§ 19.1 ASSIGNMENT OF CONTRACT
Neither party to the Contract shall assign the Contract without written consent of the other,except that the wner may,
without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project if
the lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall`execute all
consents reasonably required to facilitate such assignment.
§ 19.2 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located,except,that if the parties have
selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall goo 2 4.
§ 19.3 TESTS AND INSPECTIONS
Tests,inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws,
statutes,ordinances,codes,rules and regulations or lawful orders of public authorities shall be made at an appropriate
time.Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals
with an independent testing laboratory or entity acceptable to the Owner,or with the appro.,iat'public authority,and
shall bear all related costs of tests,inspections and approvals.The Contractor shall give the rc itect timely notice of
when and where tests and inspections are to be made so that the Architect may be present •r suc proce•ures. e
Owner shall bear costs of(1)tests,inspections or approvals that do not become requireme • . • • .
AIA Document A107 -2007. Copyright 0 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects. All rights reserved.ag.ANIND: This MA* Document is protected by U.B. Copyright Law and International Treaties. Unauthorised
reproduction or distribution of this AIA Document,or any portion of it,may result in severe Civil and criminal penalties,em will be prosecuted 17
to the maximum extent possible under the law.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
expires on 12/12/2017, and is not for resale.
User Notes: (3B9ADA32)
J
received or negotiations concluded,and(2)tests,inspections or approvals where building codes or applicable laws or
regulations prohibit the Owner from delegating the costs to the Contractor.
§ 19.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of
warranty or otherwise,against the other arising out of or related to the Contract in accordance with the requirements of
the final dispute resolution method selected in the Agreement within the period specified by applicable law,but in any
case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Contractor waive all
claims and causes of action not commenced in accordance with this Section 19.4.
ARTICLE 20 TERMINATION OF THE CONTRACT
§20.1 TERMINATION BY THE CONTRACTOR
If the Architect fails to certify payment as provided in Section 15.2.1 for a period of 30 da . ough no fault of the
Contractor,or if the Owner fails to make payment as provided in Section 4.1.3 for a period if 3 I days,the Contractor
may,upon seven additional days'written notice to the Owner and the Architect,terminate )'- ontract and recover
from the Owner payment for Work executed,including reasonable overhead and profit,cosF5ircurred by reason of
such termination,and damages.
§ 20.2 TERMINATION BY THE OWNER FOR CAUSE
71
§20.2.1 The Owner may terminate the Contract if the Contractor
.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; I
.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
.3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders
of a public authority;or
guilty otherwise is guilty of substantial breach of a provision of the Contract Documents.
§20.2.2 When any of the above reasons exists,the Owner,upon certification by the Architect that sufficient cause
exists to justify such action,may,without prejudice to any other remedy the Owner mayand after giving the
Contractor seven days'written notice,terminate the Contract and take possession of the sit and of all materials, I
equipment,tools,and construction equipment and machinery thereon owned by the Conine and may finish the
Work by whatever reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner
shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.
§20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1,the Contractor shall
not be entitled to receive further payment until the Work is finished.
§20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,inclu ing compensation the
Architect's services and expenses made necessary thereby,and other damages incurred by e Owner and not-
expressly waived,such excess shall be paid to the Contractor.If such costs and damages a ee the unpaid ba ce,
the Contractor shall pay the difference to the Owner.The amount to be paid to the Contrac r cir Owner,a0 th'case
may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive rniination
of the Contract. !
§20.3 TERMINATION BY THE OWNER FOR CONVENIENCE i
The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause.The Contractor
shall be entitled to receive payment for Work executed,and costs incurred by reason of such termi
reasonable overhead and profit on the Work not executed.
ARTICLE 21 CLAIMS AND DISPUTES
§21.1 Claims,disputes and other matters in question arising out of or relating to this Contrac,in luding those alleging
an error or omission by the Architect but excluding those arising under Section 16.2,shall e r erred initially to the i
Architect for decision.Such matters,except those waived as provided for in Section 21.8 and Sections 15.5.3 and
15.5.4,shall,after initial decision by the Architect or 30 days after submission of the matter to the Architect,be subject 1
to mediation as a condition precedent to binding dispute resolution.
Al).Document A1.07.-2007.Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1979, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.WAANING: This Al).• Document is protected by U.5. Copyright Law and International Treaties.Unauthorized 18
reproduction or distribution of this AIA Document,orany portion of it,may result in severe civil and criminal penalties,and will be prosecuted
to the maximum extent possible under the law.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
expires on 12/12/2017, and is not for resale.
User Notes: (389ADA32)
.1
•
§21.2 If a claim,dispute or other matter in question relates to or is the subject of a mechanic's lien,the party asserting
such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines.
§21.3 The parties shall endeavor to resolve their disputes by mediation which,unless the parties mutually agree
otherwise,shall be administered by the American Arbitration Association in accordance with their Construction
Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in
writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.
The request may be made concurrently with the binding dispute resolution but,in such event,mediation shall proceed
in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days
from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration is
stayed pursuant to this Section,the parties may nonetheless proceed to the selection of the arpitrator(s)and agree upon
a schedule for later proceedings.
§21.4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any claim,
subject to,but not resolved by,mediation shall be subject to arbitration which,unless the parties mutually agree
otherwise,shall be administered by the American Arbitration Association,in accordance with the Construction
Industry Arbitration Rules in effect on the date of this Agreement.Demand for arbitration shall be made in writing,
delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.The award
rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
§21.5 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any -
other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration
permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact;
and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common
question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the
party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or
entity shall not constitute consent to arbitration of a Claim not described in the written Consent.
§21.7 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity d
consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court hating
jurisdiction thereof �..
§21.8 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive claims against each other for consequential damages arisingout of or relating to this
Contract.This mutual waiver includes
.1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing,business
and reputation,and for loss of management or employee productivity or ofthS services of such p ons;
and i
.2 damages incurred by the Contractor for principal office expenses including the compensation of;
personnel stationed there,for losses of financing,business and reputation,and for loss ofprofigexcept
anticipated profit arising directly from the Work.
This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in
accordance with Article 20.Nothing contained in this Section 21.8 shall be deemed to preclude an aw.,_ard•of1 iquidated
damages,when applicable,in accordance with the requirements of the Contract Documents. s_
This Agreement entered into as of the day and year first written above.
•
AIA Document A107.-2007.Copyright®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All right.reserved.MMUZINO: This AIM Document is protected by U.S.Copyright Lar and International Treaties. Unauthorised
reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and Crimnal penalties,and will be prosecuted 19
to the maxis:ma extent possible under the law.This draft was produced by AIA software at 16:35:18 on 09/12/2017 under Order No.3557878116 which
expires on 12/12/2017, and is not for resale.
User Note.: (389ADA32)
(( N « N
OWNER(Signature) CONTRACTOR(Signature)
Executive Director» a •'° a.n, „«
(Printed name and title) (Printed name and title)
U111111
•
AIA Document A107 -2007.Copyright' 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
Architects.All rights reserved.MAXIM: This AIAM Document is protected by U.S. Copyright Law and International Treaties.Unauthorised
reproduction or distribution of thio AIA• hnt,o any portion of it,may result in severe civil and criminal penalties,and will be pros6m,ted 20
to the am,¢em extent possible under the law.aw.This draft was produced by AIA software et 16:35:18 on 09/12/2017 under Order No.3557878116 Shirt
expires on 12/12/2017, and is not for resale.
User Notes: (3r9ADA32)