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Home My WebLink AboutBuilding Permit #073-13 - 267 CHICKERING ROAD 7/30/2012 BUILDING PERMIT OF NORTF/ q tttlD 16 TOWN OF NORTH ANDOVER 32 y °'''- `_,'Ya °Z. ° L :` APPLICATION FOR PLAN EXAMINATION Permit NO: o j� Date Received ' �gSSA `-+��y Date Issued: CHU IMPORTANT:Applicant must complete all items on this page h t ,r. . ..- t t - ��3s,�-:t�.t 1 . - tv ✓ af, w �_ � -. t 4 r* 'LOCATION PRQPERTiYt-OWNER: `Y \ lid Y�, wt— f)v_►C b o MAP NO' PARCEL ZONING DISTRICT Historic District yes �,no 'Machi(e ShoP�Village yes .no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Two or more family Industrial Alte,ratio No. of units: Commercial Repair, replacement Assessory Bldg thers: Demolition Other k 9 U t#IA4 Septic. Well Floodplain`: :Wetlands' -�'?� � Watershed}District r. Water/Sewer.: DESCRIPTION OF WORK TO BE PREFORMED: & Identricationlease Type or Prin arly) OWNER: NamePhon 2 � t Address: CONTRACTOR' Name , Y ..�,; C!"o rw �e yr3 233 dos .-. ..t. — V_-. -r .. r.- t_._ - - _ _ - • s.-.r .1 m. ,Adtlress: Superviso.rgstCoristruction License: /U =' �: Exp' 'Date R Home�Improvement License ARCHITECT/ENGINEER Not5be-Z-1 Phone: Address: 906 44f- 2 62,,9-d- 14.9 , � Reg. No. r3 7 2 FEE SCHEDULE:BULDIN PERMIT:$92.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.CF45� �' Total Project Cost: $ FEE: $ 52 Check No.: 20 ,6a2 Receipt No.: NOTE: Persons con ing with unregistered contractors do not have access to the guaranty fund Signature of:Agen't/O`x4ner. ignature of contractor Location No. 073 Date • ' TOWN OF NORTH ANDOVER • ��'I'I,lttt i6q�' e e Certificate of Occupancy $ < ' o c� Building/Frame Permit Fee $ Foundation Permit Fee $ v Other Permit Fee $ `� TOTAL $ i Check# /Z 25555 B ding Inspector Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED -7/ PLANNING & DEVELOPMENT COMMENTS �2 •G C;Iyi ca i fP i� CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on fZ Si nature Z, A� COMMENTS i Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature &Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT Temp Dumpster Loc t d a X124 Mam�Street FiretDepartment'signature/date ' ' � ' �. ' , t ., i• '� w` ,'' � v ,Wy>g'�'��y�R .,r'. � �► '� -� ''� a�`ivi r ..,. ., ti '�tc�3 _ ,"7f:1:, Comm Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use) Ll Notified for pickup - Date Doc.Building Permit Revised 2008 J Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: "All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:INSPECTIONAL SERVICES DEPARTMENTMFORM07 Revised 2.2008 General Contracting ALLEN Commercial& Industrial f BuRn Licensed& Insured CONSTRUCTION LLC. JOHN BURKE Tel:(413)733-8233 37 Warehouse Street Cell: (413)374-4010 Springfield, MA 01118 (888)792-5688 john©allenandburke.com Fax:(413)733-7153 � NORTy own o ndover - : 0 No. _ - h ver, Mass, 7 3 2 coc"Ic"aw1c.c �•4 A�RAreo )kP��S _ S U BOARD OF HEALTH Food/Kitchen PERMI' T T LD Septic System THIS CERTIFIES THAT .......1......:x� �. BUILDING INSPECTOR ..... .............. f' �csl�G Foundation has permission to erect .......................... buildings on ..........�..5�.. � ................�............. . ................. � ' f ��e � /A// Rough to be occupied as ............./... .t.................. ..... .................!i/� �'.... ..ve... .. Chimney provided that the person accepting this permit shall in every respect c m-to the te/ of the applic n Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION S ARTS - Rough Service e—.�....__ .................... F,�4%:��e:��•• •......................................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Reguired to _Occupy Building - - -Rough - - - Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. SEE REVERSE SIDE ct µORTFt 1 TOWN OF NORTH ANDOVER •s""�` "° OFFICE OF ° A BUILDING DEPARTMENT ` 400 Osgood Street l w �,,,,.• North Andover,Massachusetts 01845 �Ss�CHUStS D.Robert Nicetta, Telephone(978)688-95454 Building Commissioner Fax (978)688-9542 CONTROL CONSTRUCTION— SECTION 116.0 M.S.B.C. CERTIFICATE OF ENGINEERING/ARCHITECTURE BULDING INSPECTOR TOWN OF NORTH ANDOVER 400 OSGOOD STREET NORTH ANDOVER MA 01845 I, Steven A. Moeser ,HEREBY CERTIFY THAT THE BUILDING CONSTRUCTED AT 267 Chickering Road (Ninety Nine Restaurant) DOES CONFORM IN ALL RESPECTS TO THE MASSACHUSETTS STATE BUILDING CODE AND APPLICABLE FEDERAL REGULATIONS FOR THE FOLLOWING- 0 AR 4 w No. 5379 N o Harvard, AUTHORIZED SIGNATURE: F��rtr ofµPSS DATE: May 9, 2012 REGISTRATION: 5379 NOTE: ENGINEER"WET STAMP" MUST BE AFFIXED TO THIS FORM Control Construction Form revised 11.15.2004 BOARD OF APPEALS 688-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 UT. www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information l / Please Print Legibly Name (Business/Organization/Individual): All Y k4, C_,�,n ( , I'L Address: 3-7 (,Jwrehovs:sj �4r City/State/Zip: 1�G Phone#: y/3y '73 3—'YoL 3 3 Are you an employer?ChecK the appropriate box: Type of project(required): 1. I am a employer with 3 q 4. ❑ I am a general contractor and 1 6 ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers' comp.insurance. 9. ❑Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its officers have exercised their 10.❑Electrical repairs or additions required.] 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12.❑Roof repairs insurance required.]t employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: 1 r Policy#or Self-ins.Lic.//#: (,t/C, 0 q,�aSyu I kration Date: Job Site Address: b 7CIL-y 4a,,-IN City/State/Zip: �� Ar//� Attach a copy of the workers' compensation licy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the p ins and peva ' s of perjury that the information provided above is true and correct. Si nature: 7 p- Date: 7 o� Phone#: " 7 J -3✓ D Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Revised 5-26-05 Fax# 617-727-7749 www.mass.gov/dia i Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Supervisor !I License: CS-077938 JOHN BURKE - '- 19 CAMELOT L V1 R WESTFIELD MR 01081 Expiration i Commissioner 06/08/2014 i i i A� CERTIFICATE OF LIABILITY INSURANCEF5/9/2012 DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Linda.Alstede Bates Fullam Insurance Agency, Inc PHONE (413)737-3539 FA/C No):(413)731-8255 E-MAIL lalstede@batesfullam.com 110 Elm Street ADDRESS: INSURERS AFFORDING COVERAGE NAIC# West Springfield MA 01089 INSURERANetherlands Insurance 4171 INSURED INSURER B-Commerce Insurance Company 34754 Allen & Burke Construction, LLC INSURERCMt. Hawley Insurance Company &C 37 Warehouse Street INSURERD:Star Insurance Company 18023 INSURER E: Springfield MA 01118 INSURER F: COVERAGES CERTIFICATE NUMBER:11-12 ALL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 A CLAIMS-MADE F OCCUR CBP8049137 6/13/2011 6/13/2012 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY JECT PRO LOC $ AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT Eaaccident 1,000,000 B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED llbmDJQSJ /13/2011 /13/2012 AUTOS AUTOS BODILY INJURY(Per accident) $ XHIRED AUTOS X AUTOS NED APROPERTY DAMAGE AUTOS Per accident $ PIP-Basic $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 L. EXCESS LAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,00 0414911- 7/13/2011 6/13/2012 $ D WORKERS COMPENSATION WC STATU OTH- AND EMPLOYERS'LIABILITY Y/N X X ANY PROPRIETOR/PARTNER/F�(ECUTIVE I ER OFFICER/MEMBER EXCLUDED? � N/A E.L.EACH ACCIDENT $ 500,000 (Mandatory in NH) WC0452548 6/13/2011 6/13/2012 If E.L.DISEASE-EA EMPLOYE $ 500,000 yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) "John Burke is not covered by the workers, compensation policy" I Carpentry Contractor CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. Building Dept. 400 Osgood Street AUTHORIZED REPRESENTATIVE North Andover, MA 01845 E Bates, Jr. Acc Exec ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 r9mnn.Ft m Tho Arr1Rr1 normo nnrl Innn arc ronic4orcrl marlre of Annpn sequences or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. §.10.3 Neither the Owner nor the Architect will be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.Neither the Owner nor the Architect will have control over or charge or be responsible for acts or omissions of any of the Contractor Parties. § 10.4 Intentionally omitted. § 10.5 The Owner has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work.However,neither this authority nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to any of the Contractor Parties. § 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.The Architect's review of the Contractor.'s submittals shall not relieve the Contractor of its obligations under the Contract Documents and shall not constitute_approval of safiM precautions or any construction means,methods,techniques,sequences or procedures. .§;10:7 Intentionally omitted. 10,81ntentionall omitted;;: § 10.9lntentiorially omitted.. ARTICLE 11 SUBCONTRACTORS § 14:1 A$ubcontractor s'a;person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site...:. 1:.11:2 Unless otherwise,stated in the Contract Documents,the Contractor,as soon as practicable after signing the Contract,shalLfurnish in writing to the Owner the names of the Subcontractors or suppliers for each of the principal portions of the Work.The Contractor shall not contract with any Subcontractor or supplier that is not competent, qualified,able,legally authorized and properly licensed or registered,if necessary,to perform its portion of the Work, or to whom the Ownerhas made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and supplier§: if the proposed but rejected Subcontractor was reasonably competent,qualified,able, legally authorized and properly licensed or registered,if necessary,to perform its portion of the Work,the Contract Sum and Contract Time shall k.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 contract with anyone to whom the Contractor has made reasonable objection.The Contractor shall disclose the existence and extent of any financial interest,whether direct or indirect,it or any of its principals or employees.has in Subcontractors or suppliers of any tier that it proposes for the Project. § 11.3 Contracts between the Contractor and Subcontractors shall(I)require each Subcontractor,to the extent 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,Owner Parties 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. §.11.4 Upon request,the Contractor shall furnish to the Owner copies of the agreements with Subcontractors and suppliers that are requested by the Owner,but may redact pricing information therefrom. 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 Owner's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these,including those AIA Document A1071"—2007.Copyright®1936,1951,1956,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init. All rights reserved.WARNING:This AW Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 2 distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:39:13 on 02/07/2012 under order No.2062516038 1 which expires on 0310812012, and is not for resale. User Notes: (1887066730) portions related to insurance and waiver of subrogation.if the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such claim as provided in Article 21. §12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. § 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; provided,however,in lieu of seeking reimbursement,the Owner may offset all such amounts from amounts otherwise payable to the Contractor pursuant to the Contract Documents.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 the date of the Agreement.The Owner,without.in the Contract,may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,with the Contract Sum and Contract Time being adjusted accordingly.Such.changes.in the Work shall be authorized by written Change Order signed by the Owner and Contractor and Architect,or by written Construction Change Directive signed by the Owner. §'132 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreementof the parties or,in the case of a Construction Change Directive signed only by the Owner,by the Contractor's cost of labor,material,equipment,and reasonable overhead and profit,unless the parties agree on another fnethod'for determining the cost or credit.Pending final determination of the total cost of a Construction Change Directive,the Contractor may request payment for Work completed pursuant to the Construction Change Directive.The Owner will.make an interim determination of the amount of payment due for purposes of approving the Contractor's 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 parties will sign a Change Order. §;.13:3 The Owner will have authority to order minor changes in the Work not involving adjustment in the Contract Sam.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 materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Contract Time may be equitably adjusted as mutually agreed between the Owner and Contractor;provided that the Contractor Provides notice to the Owner within three(3)days of discovering such conditions and before such conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract.By signing 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 adjustments,allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. I. § 14.4 The date of Substantial Completion is defined Section 15.4.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by 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 Owner determines justify delay,and provided such delay is not caused in part by any of the Contractor Parties,and Init. AIA Document A10711-2007.Copyright®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.S.Copyright Law and International Treaties.Unauthorized reproduction or 3 distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent ! possible under the law.This document was produced by AIA software at 12:39:13 on 02/0712012 under Order No.2062516038 1 which expires on 03108/2012. and is not for resale. User Notes: (1887066730) equity requires an adjustment in the Contract Time,then the Contract Time shall be extended by Change Order for such reasonable time as the Owner determines, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 APPLICATIONS FOR PAYMENT §.15.1.1_The Contractor shall submit to the Owner,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 Owner requires.This schedule,unless objected to by the Owner,shall be used in reviewing the Contractor's Applications for Payment.Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom the Contractor intends to pay. § 15.1.21ntentionally.onlitted. § 15,1.3 PayinentsSbell I be made on account of materials and equipment delivered and suitably stored at the site for subsequentincorporation in the Work.If approved in advance in writing 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. § 15.T.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no lat&6an the time of payment or incorporation or installation in the Work,whichever occurs first.The Contractor further warrants thatiipon submittal of an Application for Payment all Work for which payments have previously been received:&om the.Owner shall to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims,securify interests:or other encumbrances adverse to the Owner's interests.Each Application for Payment shall include lien waivers;;including lien waivers executed by Subcontractors and suppliers,with respect to materials and services for which payment::was previously made to the Contractor,and any other supporting documentation required by°the Qwni r to evaluate,substantiate and process the Application for Payment. § 1512. ITHHOLDING OR NULLIFICATION OF PAYMENT g 15.21 Intentionally Din itted. § 151.2 The submission of an Application:for Payment will constitute a representation by the Contractor to the Owner that the Work has progressed to the potit.indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the s: Contract Docutuentupon Substantial Completion,to results of subsequent tests and inspections,to correction of minor.deviations.front_the Contract Documents prior to completion and to specific qualifications expressed by the Owner or Architect.The submission of an Application for Payment will further constitute a representation that the .Contractor is entitled to payment:iii.the amount requested.However,the issuance of a payment will not be a representation that the Owner or Architect have(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 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 Owner may withhold a payment in whale or in part,to the extent reasonably necessary to protect the Owner,if in the Owner's opinion the representations by the Contractor to the Owner required by Section 15.2.2 cannot be made..The Owner may also withhold a payment or,because of subsequently discovered evidence,may nullify the whole or a part of a payment previously issued,as necessary in the Owner'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 asserted or reasonable evidence indicating probable assertion of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment,or to furnish satisfactory evidence of payment; .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; AIA Document A10711—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects_ )nit. All rights reserved.WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 14 distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent / possible under the law.This document was produced by AIA software at 12:39:13 on 02107/2012 under order No.2062516038 1 which expires on 03/0812012, and is not for resale. User Notes: (1887066730) .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or .7 failure of any of the Contractor Parties to comply with any Law;or 8 repeated failure to carry out the Work in accordance with,or any other failure to comply with,the Contract Documents. § 15;2.4 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. § 15.2.5Ifthe Owner reasonably believes it is necessary to protect it from loss,the Owner may,at its sole option,issue nt checks to the Contractor and to any Subcontractor or supplier if the Owner has reason to believe the Contractor might fail to make such payment. §:1.5.2.6 If:any mechanics'or.materialmen's liens,or encumbrances of like nature,are at any time asserted or recorded against:the.Project liy:any Subcontractors,sub-subcontractors,suppliers or any other person or entity making a claim by reason:of having provided services,labor,materials or equipment relating to the Work,the Contractor,at its sole expense,:shall promptly take and diligently prosecute appropriate action to have the same discharged within fifteen {l 5}:days Afler.the earlier of:notice of assertion or recording thereof or such lesser period as necessary to prevent jud:;-.execution or:foreclbsure of such lien or encumbrance or any other adverse consequences for the Owner. Upon';the Contractor%:failure to do so,the Owner,in addition to any other right or remedy that the Owner has,may take such action:as reasonably necessary to protect the Owner's interest,including payment or settlement of the lien or encumbrance:and any.related:legal action,and the Contractor shall reimburse the Owner,or the Owner may deduct from amounts owed.the Contractor,any amounts and damages paid or incurred by the Owner,including any attorneys' fees arid expenses;tri connection with such lien or encumbrance and legal action.To the full extent permitted by Law, the Contractor shall,defend indemnify and hold harmless the Owner and Owner Parties from and against any and all cfaiins:datnages,losses-and expenses,including attorneys' fees and expenses,with respect to any liens or enciu4ibrances asserted or,recorded that arise out of the Work,and any related legal action,provided that the -ontraCtor was;.owed,for:and has been paid with respect to the Work,or portion thereof,for which the lien or eocrance:is asserted or;recorded. oinb 5::15.3 PROGRESS.PAYMENTS § 15.3:1 The Contractor shall pay each.Subcontractor,no later than seven days after receipt of payment,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.Payments received'by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors and suppliers who performed such Work. §1512 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as otherwise required by Law. § 15.3.3 A Certificate.for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 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 legally and practically occupy or 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 Owner a comprehensive punchlist of items to be completed or corrected prior to final payment.Failure to include an item on such punchlist 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 punchlist,the Owner will make an inspection to determine whether the Work or designated portion thereof is substantially complete. if the Owner's inspection discloses any item,whether or not included on the Contractor's punchlist,that is not sufficiently complete in accordance with the Contract Documents so AIA Document A1071"—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or I$ distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:39:13 on 0210712012 under Order No.2062516038_1 which expires on 0310812012, and is not for resale. User Notes: (1887066730) that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall complete or correct such item upon notification by the Owner.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 Intentionally omitted. §. 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 Owner will promptly make such inspection and,when the Owner finds the Work acceptable under the Contract Documents and the Contract fully performed,the Contractor will promptly submit a final Application for Payment.The Work shall not be considered to have reached Final Completion until all Project systems included in the Work are operational as designed and specified,all required inspections, permits,approvals and certificates have been made and obtained from all applicable public authorities,including a ficial Certificate of Occupancy,all punchlist items have been completed,all final finishes required by the Contract Documents are in place,and all other requirements for Final Completion in the Contract Documents have been salisfieil;. . § .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 ofthis Contract or receipts in full covering all labor,materials and equipment for which a lien could be fled,ora bond satisfactory to the Owner to indemnify the Owner against such lien,if such lien remains unsatisfied after paYents 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. § 15,5.3 The making of final.payment shall constitute a waiver of claims by the Owner except those arising from 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 any warranties required by,or provided in connection with,the Contract Documents. § 1.5...&4.Accept'ance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver ofclmsby that payee except those previously made in writing and identified by that payee as unsettled at the time of final.Application for Payment. ::.ARTICLE 16: .PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS 11e.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 A— employees on the Work and other persons who are 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,walks,pavements,roadways, 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 Law 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 any of the Contractor Parties,except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them is liable,and not attributable to the fault or negligence of any of the Contractor Parties.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 regarding hazardous materials. if the Contractor encounters a hazardous material or substance not addressed in the Contract Documents,and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons !nit. AIA Document A1071"—2007.Copyright®1936,1951,1958,1961,1963.1966,1970.1974,1978,1987.1997 and 2007 by The American Institute of Architects. All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and international Treaties.unauthorized reproduction or 16 distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent 1 possible under the law.This document was produced by AIA software at 12:39:13 on 02107/2012 under Order No.2062516038 1 which expires on 03108/2012. and is not for resale. — User Notes: (1887066730) resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum may be increased in the amount of the Contractor's reasonable additional costs of shutdown,delay and start-up. § 16.2.2 Except to the extent such claims,damages,losses and expenses are covered or paid by insurance maintained by any of the Contractor Parties,then,to the full extent permitted by Law,the Owner shall indemnify and hold harmless the Contractor;Subcontractors and agents and employees of either of them from and against claims, damages,losses and expenses,including attorneys'fees,arising out of or resulting from performance of the Work in the affected area,if in fact;a material or substance identified by the Contractor in accordance with Section 16.2.1 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 tangible.property(other than the Work itself),and provided such damage,loss or expense is not due to any fault or.negligenee of,or breach of this Section 16.2 by,any of the Contractor Parties. § 16.2.3:I.f,without:negligerice or breach of this Section 16.2 on the part of the Contractor,the Contractor is held liable by:A government agency.for:the cost of remediation of a hazardous material or substance solely by reason of performing Work:as required by the Contract Documents,the Owner shall indemnify the Contractor for all reasonable cost.and expense thereby:incurred,provided that the Contractor has given prompt written notice of such potential claim.to the:Owner andhas given the Owner a reasonable opportunity to assume the defense and handling of such potential claim. : ARTICLE.'IT INSURANCE:AND BONDS § 17.1 CONTRACTOWS,INSURANCE § 171.1 The Contractor shall purchase from,and maintain in a company or companies lawfully authorized to do business n jhe jurisdiction in which the Project is located,insurance for protection from claims under workers' compensafiot acts and other employee benefit acts which are applicable,claims for damages because of bodily injury, :including death;:attd cfairns 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 Section 17.1.2 or required bylaw,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 commencement of the Work. Each policy shall contain a:provision that the policy will not be canceled or allowed to expire until at least 30 days' p.rior.written notice has been given to the Owner.The Contractor shall cause the commercial liability coverage required by the Contract Documents to include:(1)the Owner,the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 17:1.2 The insurance required ofthe Contractor by this Section 17.1 shall be written in a manner and for not less than the following limits of liability or as required by Law,whichever coverage is greater: .1 Worker's Compensation and Employer's Liability (a)State:Statutory Limit (b)Federal(as applicable): Statutory Limit (c)Employer's Liability: (without restriction as to whether covered by Worker's Compensation) (i) $500,000 Accident—per occurrence (ii) $500,000 Disease—policy limit (iii) $500,000 Disease—per employee .2 Commercial General Liability (a)$2,000,000 General—aggregate—per project (b)$2,000,000 Products and Completed Operations—aggregate (c)$1,000,000 Personal and Advertising Injury—per occurrence (d)$1,000,000 Bodily Injury and Property Damage—per occurrence (e)$100,000 Fire Damage—per occurrence Init AIA Document A1071"—2007.Copyright®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.S.Copyright Law and International Treaties.Unauthorized reproduction or 17 distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent f possible under the law.This document was produced by AIA software at 12:39:13 on 02107/2012 under Order No.2062516038 1 which expires on 0310812012, and is not for resale. — User Notes: (1887066730) (f) $10,000 Medical Expenses—per person .3 Automobile Liability: $1,000,000 Combined Single Limit(including owned,non-owned and hired motor vehicles) .4 Umbrella/Excess Liability (a)$1,000,000 per occurrence (b)$2,000,000 aggregate §.17.1,3 The Contractor shall obtain a waiver of subrogation endorsement to each insurance policy required by this Section 17.I,including Worker's Compensation and Employer's Liability,that waives the insurer's right to subrogate a claim against.the Owner or any of the Owner Parties.The Contractor also shall require each of its Subcontractors with such insurance policies applicable to the Project to obtain similar endorsements on those policies in favor of the Owner and the Owner Parties. §.17.1.4 Unless,otherwise agreed in writing,and in addition to any other coverages required by the Contract Documents;°the Contractor shall require all Subcontractors to obtain,confirm and maintain during the Work Commercial General Liability,Automobile Liability,Worker's Compensation and Employer's Liability and UmbreltalExcess Liability.insurance policies providing coverages applicable to the Project as broad as the coverages required ofthe Contractor.:with monetary limits reasonably established by the Contractor. .5.11t is.expressly.agreed that the Contractor hereby waives any claim for damage or loss to its equipment against OrOwithe Owneer:Partiesand the Contractor shall require each of its Subcontractors to waive the same.Any insurance policy c6vering the:Contractor's or its Subcontractors'equipment against loss by physical damage shall include.ah endorsement that waives the insurer's right to subrogate a claim against the Owner or any of the Owner Parties. 17-1:67he Cbntractgr and,as.applicable,the Subcontractors shall bear all risks and be responsible for any uninsured loss;due to policydeducti.bles;S'tlf-insured retentions,exclusions,limitations inadequacy or absence of coverage. § 1711..7 Immo event sha11 any failure by the Owner to promptly enforce the provisions of Section 17.1 be construed as a waiyer by the Owper of the Contractor's obligations to obtain,maintain or require the insurance specified by this Section 17.t and the Contract.If the Contractor fails to purchase or maintain or require to be purchased and maintained the insurance specified by this Section 17.1,the Owner may,but shall not be obligated to,purchase equivalent insurance coverages-onthe Contractor's behalf,and Owner shall be entitled to be reimbursed for any premiums paid therefor in the manner set forth in Section 8.3. § 17.2 OWNER'S LIABILITY INSURANCE intentionally omitted. § 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 state in which the Project is located,property insurance on an"all-risk"or equivalent policy fonn,.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.Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by the Owner and Contractor,until final payment has been made as provided in Section 15.5 or until the Contractor no longer has an insurable interest in the property required by this Section 17.3.1 to be:covered,whichever is later.This insurance shall include interests of the Owner,the Contractor, Subcontractors and sub-subcontractors in the Project. Property insurance provided by the Owner shall not cover any tools,apparatus,machinery,scaffolding,hoists,forms,staging,shoring or other similar items commonly referred to as construction equipment,the capital value of which is not included in the Work.The Contractor shall provide all insurance with respect to such construction equipment. § 17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss occurs.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has been given to the Contractor. AIA Document A1071"—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init. All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 18 distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:39:13 on 02107/2012 under Order No.2062516038 1 which expires on 03!0812012, and is not for resale. — User Notes: (1887066730) § 17.3.3 Unless such waiver adversely affects any insurance coverage or proceeds,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,and only in the amount,those damages are compensated by proceeds actually obtained from property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner in good faith.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 shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have „ a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. § 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insureds,as their interests may appear,subject to requirements 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. §;174.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 the Agreement. § 1.7.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of Obligations arising.under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a COPY to lie fumisheil. ..ARTICLE 18 CORRECTION OF WORK § 18,1 The Contractor shall promptly correct Work rejected by the Owner 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 or non-conforming Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for any Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. § 18,2 in addition to the Contractor's obligations under Sections 9.4 and 18,1,if,within one year after the date of Substantial Completion of the Work:or designated portion thereof or after the date for commencement of warranties established_under Section 15.4.3,or by terms of any applicable warranty or guarantee required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor,at its own expense,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. § 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. § 18.6 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to any obligations the Contractor has under the Contract.Establishment of the one-year period for correction of Work as described in Section 18 relates only to the specific obligation of the Contractor to correct the Work,and has no AIA Document A1071"—2007,Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init. All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction orS distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent I possible under the law.This document was produced by AIA software at 12:39:13 on 02107!2012 under Order No.2062516038 1 which expires on 03108/2012, and is not for resale. User Notes: (1887066730) relationship to the time within which the obligation to comply with the Contract can be sought to be enforced,nor to the time within which proceedings can be commenced to establish the Contractor's liability with respect to the Contractor's obligations under the Contract. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 ASSIGNMENT OF CONTRACT Neiiher party to the Contract shall assign the Contract without written consent of the other,except that the Owner may, .without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project or an affiliated entity if the lender or affiliated entity assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall sign all consents reasonably required to facilitate such assignment. § 19.2 GOVERNING LAW IThe Contract shall be.governed by the Law of the place where the Project is located,except,that if the parties have : selected arbitration as themethod of binding dispute resolution,the Federal Arbitration Act shall govern Section 21.4. §.19.3TESTS ANOVINSPECTIONS Tests,inspections and approvals of portions of the Work required by the Contract Documents or by Laws shall be made;at.an appr'opriateti*.—.Unless otherwise provided,the Contractor shall make arrangements for such tests, inspections and approvals.with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate riolic aUthoi ity;and.shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Owner and Architects riely notice of when and where tests and inspections are to be made sothat they may be present for such-procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not become requirements unh):after bids ate received or negotiations concluded,and(2)tests,inspections or approvals where building codes or applit;able kws or regulations prohibit the Owner from delegating the costs to the Contractor. § 19.4 COMMENCEMENT,Of:iSTATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warrantyor otherwise app st 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 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 coinmenced.in accordance with this Section 19.4. § 19.5 SUCCESSORS AND ASSIGNS. :: The Owner and Contractor respectively bind themselves,their partners,successors,assigns and legal representatives taall covenants,agreements and obligations contained in the Contract. §19,8 RIGHTS AND REMEDIES Duties and obligations imposed bythis'Contract and rights and remedies available hereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by Law.No action or failure to act by the Owner:or Contractor with respect to any one event or breach of this Contract shall be construed as continuing or.as a waiver of,release of,approval of,acquiescence in or bar to any subsequent duty,obligation,right or remedy available by Law:or under the Contract with respect to any subsequent event or breach hereunder,except as specifically agreed in writing. §19.7 NOTICE Any written notice given under this Contract shall be deemed duly served and received(1)immediately upon successful transmittal by facsimile or email,if facsimile number or email address is provided below;(2)immediately upon hand delivery to an officer of the receiving party or the applicable representative identified below;(3)three business days after mailing to an officer of the receiving party or the applicable representative identified below by registered,certified or regular mail;or(4)one business day after depositing with a nationally recognized courier service that provides confirmation of delivery for express or overnight delivery to an officer of the receiving party or the applicable representative identified below. .1 Contractor's Authorized Representative: John Burke Allen&Burke Construction,LLC 37 Warehouse Street Springfield,MA 01118 Init AIA Document A1071"—2007.Copyright®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.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution ofthis AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent 2l} 1 possible under the law.This document was produced by AIA software at 12:39:13 on 0 2107/2 01 2 under Order No.2062516038 1,which expires on 03108!2012, and is not for resale. — User Notes: ()887066730) ,2 Owner's Authorized Representative: 'rom Wilburn Ninety Nine Restaurant&Pub 160 Olympia Avenue . Woburn,MA 01801 19.8 CONDITIONS PRECEDENT The Owner's receipt of all documents,data and other information required to be furnished by the Contractor under the Contract in connection with any Application for Payment(progress and final)shall be deemed a condition precedent to the Owner's:obligatiort to make such payment. ARTICLE 2Q: : TERMINATION.OF THE CONTRACT § 20.1.TERMINATI0N BY THE.CONTRACTOR lfthe 0Witter fails to:makepayment as provided in Section 4.1.3 for a period of 30 days after such payment is due, through nQfault of any ofthe.Contractor Parties,the Contractor may,upon seven additional days'written notice to the Owner terminate the.Contract and recover from the Owner payment for Work performed,including reasonable oveihead and profit,costs incurred by reason of such termination,and damages,but not for overhead or profit on Work not;performe 20 2 _� .._.: TERMINATION BY.THLOWNER FOR CAUSE .1120.2:1.'Me Owner may terminate the Contract,in whole or in part,if the Contractor ;1 refuses or:fails to supply proper supervision or enough properly skilled workers or proper materials, equipipait;tools,or construction equipment and machinery; fails to make payment to Subcontractors for materials or labor in accordance with the Contract,the respectiveagreements between the Contractor and the Subcontractors,or Law; 3 : ; disregards.or.violates any Law; :4 refusesoc fails to remedy defective or nonconforming Work; 5 refuses or fails to perform the Work in a timely fashion; :.6 refuses or fails to discharge or bond-off mechanics' or materialmen's liens as required under Section 15.2.6 of this Agreement;or 7 ;otherwise is guilty ofsubstantial breach of a provision of the Contract Documents. 20.2.2 When any of the above reasons exists,the Owner may,without prejudice to any other remedy the Owner has, terrninate the Contract and take:possession of the site and of all materials,equipment,tools,and construction equipment and.machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method ithe.Owner deems expedient.However;if the reason for termination can be reasonably cured within seven days,the Contractor shall be given such opportunity by written notice of the default prior to termination. § 20.2.3 When the Owner terminates the Contract for one or more of the reasons stated in Section 20.2.1,the Contractor shall not be entitled to receive further payment,if any,until the Work is finished. §:20.2,4 When the Owner terminates the Contract for one or more of the reasons stated in Section 20.2.1,the Owner shall pay the Contractor only an amount equal to the unpaid balance of the Contract Sum less the costs of finishing the Work,including compensation for any Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,but if such costs and damages exceed the unpaid balance,the Contractor shall-pay the difference to the Owner upon demand.This obligation for payment shall survive termination of the Contract. . § 20.2.5 Termination by the Owner of the Contract under this Section 20.2 shall not affect the Owner's rights and remedies under the Contract or at Law or equity,and shall not terminate the Contractor's liability under the Contract with respect to any portions of the Work or actions or omissions of any of the Contractor Parties. AIA Document At0711—2007.Copyright C 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. [nit All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.unauthorized reproduction or 21 distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent f possible under the law.This document was produced by AIA software at 12:39:13 on 0 210712 0 1 2 under Order No.2062516038 1 which expires on 03108I2012, and is not for resale. User Notes: (1687066730) § 20.2.6 If it is determined by a court of competent jurisdiction that termination of the Contract under this Section 20.2 was wrongful or otherwise improper,such termination shall be deemed a termination for convenience pursuant to Section 20.3. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE .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 performed,and costs incurred by reason of such termination,but not for overhead and profit on the Work not performed. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 A Claim is a demand or assertion by one of the parties seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the Contract.The teem"Claim includes any request for a Modification or other request for an increase in time or payment related to additional or extra work and any other dispute or matter in question between the Owner and Contractor arising out of, relating to.or in connection with the Contract. § 21.2:If Claim;dispute or other matter in question relates to or is the subject of a mechanic's lien,the party asserting or defending against such matter may proceed in accordance with Law to comply with the lien notice or filing leadlines::Claims by the:Contractor,including those alleging an error or omission by the Architect,must be initiated by the.Contractor by written notice to the Owner and the Architect.Claims by the Contractor requesting an increase in the Contract Time or Contract,Sum,or otherwise requesting any additional time or payment,must be initiated by written notice within twenty-one(21)days after occurrence of the event giving rise to such Claim or within twenty-one(21)days:afler the Contractor first recognized the condition giving rise to the Claim,whichever is later,or Ah e Claim shall be deemed waived.Pending final resolution of a Claim,and except as otherwise agreed in writing or as provded.in Article 20;the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to,make payments in.accordance with the Contract. § Tbe parties shall endeavor to resolve their disputes by mediation which,unless the parties mutually agree othetwise;shall beadministered by the American Arbitration Association in accordance with their Construction Indu:stty 1Vlediation: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 submitted to the person or entity administering the ::m: *ediation.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 arbitrator(s) ::,and.agree upon'a schedule for later proceedings.The parties shall share the mediator's fee and any other mediation fees,equally.The mediation shall be held in Nashville,Tennessee.Agreements reached in mediation shall be enforceable:as settlement agreementsin any court having jurisdiction thereof. § 2114 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.The arbitration shall be held in Nashville,Tennessee.The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with the 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 AIA Document A1071"—2007.Copyright®1936,1951,1958,1961.1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or 22 distribution of this AIA®Document,or any portion of R,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent j possible under the law.This document was produced by AIA software at 12:39:13 on 0 2/0712 01 2 under Order No.2062516038 1 which expires on 03/0812012. and is not for resale. User Notes: (1887066730) 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 duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 21.8 (Paragraphs deleted) The Owner and Contractor shall include similar mediation and arbitration provisions in all agreements with Subcontractors; suppliers and separate contractors retained for the Project. This Agreement entered into as of the day and year first written above. l: NER.(Signature) CON COR(Signature) T K.57, td11AA.'J dr �,rrsr av �e�n m � 1 2 NP / �� F ace— (Printed name and ti71e) (Printed name and title) AIA Document A107-—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init. All rights reserved.WARNING:This AIAo Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 23 distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent t possible under the law.This document was produced by AIA software at 12:39:13 on 02/07/2012 under Order No.2062516038 1 which expires on 03108/2012, and is not for resale. User Notes: (1887066730) i_ Document A107TM — 2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENTmade as of the 17th day of July in the year Two Thousand Twelve (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner:: added Information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original Ninety Nine Restaurant&Pub AIA standard form.An Additions and 160 Olympia Avenue Deletions Report that notes added Woburn,MA Ol 801 information as well as revisions to the Standard form text is available from and ilie Contractor: : ° .: the author and should be reviewed.A . e al stats, address and other information) verticak line in the left margin of this amei.l.$ us �. . document indicates where the author Allen&Burke Construction,LLC has added necessary information 37 Warehouse Street and where the author has added to or Springfield,MAO 1118 deleted from the original AIA text. ' This document has important legal S J e4 for,the followin Prq ect:;: . consequences.Consultation with an (Name location and detailed description) attorney is encouraged with respect to its completion or modification. Ninety Nine Restaurant&Pub 267 Chickering Road North Andover,MA 01845 The Architect: . 0Vdme, legal status address and:other information) Moeser&Associates 206 Ayer Road Harvard,MA 01451 The Owner and Contractor agree as follows. AIA Document A10711—2007.Copyright®1936,1951,1958,196 t,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING: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 to the maximum extent t possible under the law.This document was produced by AIA software at 12:39:13 on 02/07/2012 under Order No.2062516038 1 which expires on 03/08/2012. and is not for resale. — User Notes: (1887066730) 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 9 . <: CONTRACTOR:: :::: 10 ::. ARCHITECT ;11 SUBCONTRACTORS.;::. :;.12 CONSTRUCTION.BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THF-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 ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully perform the Work described in the Contract Documents,and reasonably inferable as necessary to produce the results intended by 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 of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a written notice to proceed issued by the Owner. (Insert the date of commencement, if it differsfrom the date of this Agreement or, if applicable,.state that the dale will be fixed in a notice to proceed.) July 9.2012 AIA Document A10711-2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING:This AIO Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 2 distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent t possible under the law.This document was produced by AIA software at 12:39:13 on 02/07/2012 under Order No.2062516038 1 which expires on 0310812012, and is not for resale. User Notes: (1887066730) § 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 (_)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.) July 16,2012 Portion;of Work :.:. Substantial Completion Date subject to:adjustmeritspf this;Contract Time as provided in the Contract Documents. {Insertprovisions;_finny,for°liquidated damages relating to failure to achieve Substantia!Completion on time or for bonus payments for oaely cgii,lion of the Work.) ARTLC.I.E 3; =CON.TRACT SUM 3.1:Ttte Owner shall tke Contractor the Contract Sum in current funds for the Contractor's performance of the § .. PaY.. .... . :Contract::Tke Contract Sum:shall be one of the following: Check the: ro irate PAP ,.:. X I Sti u la n accordance with Section 3.2 below p . :te Sum,i Costof't}ieork plus the Contractor's Fee,in accordance with Section 3.3 below ( ]. Cost.afthe Work plus the Contractor's Fee with a Guaranteed Maximum Price,in accordance with Section.34 below (Based on the selection]above, completeSection 3.2, 3.3 or 3.4 below.) Seventy Thousand Nine Hundred Forty Seven Dollars and 80/100 § 3.2 The,Stipulated Suin shall be:. and_/100 Dollars($70,947.80 ) subject to additions and deductions as:provided in the Contract Documents. § 3.2.1 The IStipulated,Sutra inctudes the following altemates,if any,which are described in the Contract Documents: and are he.rebyaccepted by the Owner- (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permil the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 3.2,2 Unit.prices,if.any: (Idents and state the unit price, and state the quantity limitations, if any,to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) The foregoing unit prices,if any,shall apply only in the event additional Work is performed pursuant to a Change Order,Such unit prices are considered complete and include(i)all materials,equipment,labor,delivery,installation, overhead and profit,and(ii)all other costs and expenses in connection with,or incidental to,the performance of the Work to which such unit prices apply. § 3.2,3 Allowances included in the stipulated sum,if any: AIA Document A1071"—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 3 distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent t possible under the law.This document was produced by AIA software at 12:39:13 on 02/0712012 under Order No.2062516038 1 which expires on 0310812012, and is not for resale. User Notes: (1 687066730) (Identify allowance and state exclusions, if arty,from the allowance price.) Item Allowance .(Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 4 `PAYMENTS §.;4.1 PROGRESS PAYMENTS A. 4;1.1 Based upon Applications for Payment submitted to the Owner by the Contractor,and approved for payment by the Owner;.the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided .belpw and:elsewhere in the Contract Documents.Each Application for Payment shall be based on a schedule of values that allocates the entire Contract Sum among the various portions of the Work.The schedule of values shall be ptepart d in such form and supported by such data to substantiate its accuracy as the Owner requires.This schedule, unless oEijected ao by the;(?wner,shall be used as a basis for reviewing the Contractor's Applications for Payment. Applca#ions for Payment shall show the percentage of completion of each portion of the Work as of the end of the perW1.overed by the Application for Payment. T'he:Contraetor.shall:submit to the Owner an Application for Payment of percent 000°/4 of the Contract Sum upon complehon'of percent(i 0014 of the Work.An Application for Payment of the remaining amount of the "Contract Sum:shall be submitted upon Substantial Completion of the Project.The amount of such progress payments s.all:be.calcylated as follows: A take hat.portion.of the Contract Sum properly allocable to completed Work as determined by multiplying the;percentage completion of each portion of the Work by the share of the Contract Sum allocated;to thatportion of the Work in the schedule of values,less retainage of percent( ). Pending fihitl determination of cost to the Owner of changes in the Work,amounts not in dispute shall be;included; .add that:portion of the Contract Sum properly allocable to materials and equipment delivered an suitably stored at the Project site for subsequent incorporation in the completed construction(or "suitably stored off theProjcct site at a location approved in writing by the Owner),less retainage of ..... :. percent .3 subtract the aggregate of previous payments made by the Owner;and . ........... .4 subtract amounts,if any,for which the Owner has withheld or nullified a payment as permitted by Section 15.2 herein. 14.1.3 Subject to other provisions of the Contract Documents,and provided that an Application for Payment on a form approved by the Owner is received by the Owner,the Owner shall make payment to the Contractor of amounts approved for payment not later than twenty-one(2 1)days after the Owner receives the Application for Payment. (Federal, stale or local laws may require payment within a certain period of time.) § 4.1.4 Retainage;if any,shall be withheld as follows: l § 4.1.5 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.) No interest shall be due on account of any payment due or unpaid unless the Contractor is found to be owed such payment pursuant to the Contract Documents,in which event interest shall be paid from the date such payment was due at the Prime Rate plus one percent(1%)per annum,but not to exceed the maximum interest rate allowed by Law, with the Prime Rate for any given month being as published on the first publication day of the same month in the "Money Rates"section of the Wall Street Journal. AIA Document A107TM—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. IniL All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or 4 distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent 1 possible under the taw.This document was produced by AIA software at 12:39:13 on 02/0712012 under Order No.2062516038_1 which expires on 03108!2012, and is not for resale. User Notes: (1887066730) r § 4.1.6 Except with the Owner's prior written approval,the Contractor shall not make advance payments to Subcontractors or suppliers for materials or equipment that have not been delivered and suitably stored at the Project site or suitably stored off the Project site at a location approved in writing by the Owner. § 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 as provided in Section 18.2,and to satisfy other requirements,if any,which extend beyond final payment; 2 the Contractor has completed all punchlist items in accordance with Section 15.5;and I .3 a final Certificate of Occupancy has been received by the Owner. § 4:2.2 Subject to other provisions of the Contract Documents,the Owner's final payment to the Contractor shall be made no later than twenty-one.(21)days after the Contractor submits its final Application for Payment,less such .amounts necessary to protect the Owner with respect to any portions of the Work that remain incomplete or are otherwise riot in accordance with the requirements of the Contract Documents. ARTICLE:5 DISPUTE RESOLUTION § 5.1 BINDING DISPUTE. RESOLUTION For any claim:sUbject to,but not*Te solved by,mediation pursuant to Section 21.3,the method of binding dispute resolution'shall be.as follows:_: (Check.the appropriate bai.:If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently bgree:in:writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction) Arbitration pursuant to Section 21.4 of this Agreement [' J Litigation in a court of competent jurisdiction [ ] Other:(SpeCify) ARTICLE'6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are,defined in Article 7 and,except for Modifications issued after the date of this Agreement,are.enuirerated in the sections below.Although the Specifications might contain Supplementary Conditions and other terms and conditions similar to those set forth in this Agreement,notwithstanding any statements in the:Specifications to the contrary,.such terms and conditions are intended to supplement this Agreement,not to modify,change,delete from,contra iict:or supersede it.In the event of a direct conflict or discrepancy between the terms and conditions contained in the Agreement and those contained in the Specifications,the Contract Documents shall take precedence and control as set forth in Section 7.8 of this Agreement. 1 § 6.1.1 The Agreement is this signed AIA Document A 107-2007,Standard Form of Agreement Between Owner and ` Contractor for a Project.of Lim ited Scope. § 6.1.2 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 6.13 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) The Specifications are those prepared by the Architect,dated ,and are fully incorporated herein.For further reference,the Table of Contents to the Specifications is attached hereto as Exhibit Section Title Date Pages AIA Document A107-—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1957,1997 and 2007 by The American institute of Architects. Init. All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 5 distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent t possible under the law.This document was produced by AIA software at 12:39:13 on 02/0712012 under Order No.2062516038_1 which expires on 0310812012, and is not for resale. User Notes: (1 8 137 0 66 7 30) § 6.1.4 The Drawings: (Either list the D•mvings here or refer to an exhibit attached to this Agreement.) The Drawings are those prepared by the Architect,dated 5/4/12 ,and are fully incorporated herein.For further reference,the Index to Drawings is attached hereto as Exhibit A. Number Title Date §U.5 The Addenda,if any: Number Date Pages Bidding requirements and.portions of Addenda relating to bidding requirements are not part of the Contract Documents unless enumerated as such in this Article 6. § 6.1.6Additional documents,if any,forming part of the Contract Documents: N/A .4 Exhibit ;.Determination of the Cost of the Work,if applicable. AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed,or the following: AIA,Document E201TM-2007,Digital Data Protocol Exhibit,is not part of the Contract Documents. 3:.. Other documents, (List here any..additional documents that are intended to form part of the Contract Documents.) N/A:There are no other Contract Documents. § 6,LT e.proAsionsioftfie Contract Documents shall not be changed,amended,waived or otherwise modified in .. .::.:..:.:: atiyaespect:except by a v�rciting signed by the Owner.No person is authorized on behalf of the Owner to orally change, amend,wai.ve.or ot. erwise modify the terms of the Contract Documents or any of the Contractor's duties or obligations under.or arising out of the Contract Documents.Any change,waiver,approval or consent granted to the Contractor sh.allbe limitea:to the specific matters stated in a writing signed by the Owner,and shall not relieve the Contractor of any other duties or obligations under the Contract Documents.No"constructive changes"shall be Yecognized or allowed. ARTICLE 7 GENERAL PROVISIONS x;7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement,Drawings,Specifications, Addenda issued prior to the date of this Agreement,other documents listed in this Agreement as forming part of the Contract Documents and Modifications issued after the date 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 issued by the Owner.The intent of the Contract Documents is to include ali items necessary for the:proper performance 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.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations and agreements,either written or oral.The Contract may be amended or modified only by a Modification.Except as expressly stated therein,the Contract Documents shall not be construed to create a contractual relationship or cause of action of any kind between any persons or entities other than the Owner and the Contractor. § 7,3 THE WORK AND PERFORMANCE The term "Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all labor,materials,equipment and services provided or to be provided by the AIA Document A1071'—2007.Copyright®1936,1951,1958,1961,1963,1966,1970.1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 6 distribution of this AIAo Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent t possible under the law.This document was produced by AIA software at 12:39:13 on 0210712012 under Order No.2062516038 1 which expires on 0310812012, and is not for resale. User Notes: (1887056730) Contractor to fulfill the Contractor's obligations.The Work might constitute the whole or a part of the Project.The term "perform,"however conjugated,shall also mean"provide"and"supply." § 7.41NSTRUMENTS OF SERVICE Instruments of Service are the Drawings,Specifications and other documents and 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 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 owner(s)of their respective Instruments of Service,including the Drawings and Specifications,will retain all common law,statutory and other reserved rights,including copyrights.None of the Contractor Parties shall 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 such reserved rights.Nothing.herein shall be deemed to amend any agreements between the Owner and Architect relating to the Instruments of Service, 7.5.2.The Contractor Parties are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for performance of the Work.All copies made under this authorization shall bear the copyright notice, if:any,;shown on the Instruments of Service.The Contractor Parties may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner.All Instruments of Service and copies thereof shall be returned,or suitably accounted for,to the Owner upon completion;of the Work. § 7.6 TRANSMISSION:OF DATA IN DIGITAL FORM lftkieparties intend to transmit Instruments of Service or any other information or documentation in digital form,they :shall endeavor to establish necessary protocols governing such transmission,unless otherwise provided in the ! .: Agr'eement'or in:the Contract:Documents. V.DISCREPANCIES AND CONFLICTS Notwithstanding any other provision of the Contract Documents,in the event of a discrepancy or conflict within or between any'of the Contract Documents,the Agreement shall take precedence over all other Contract Documents. Except with respect to the Agreement,all other Contract Documents shall take precedence as set forth in the Specifications. §:7,8 CONTRACTOR PARTIES As used:in the Contract Documents,the term"Contractor Parties"shall mean and include the Contractor,its Subcontractors,sub-subcontractors and suppliers of any tier,and anyone directly or indirectly employed,retained or ,contracted by any of them or anyone for whose acts any of them is responsible or liable. §..7:9:OWNER PARTIES As used in the Contract Documents,the term"Owner Parties"means the Owner's officers,directors,managers, governors,members,partners,limited partners,shareholders,agents,employees or affiliated entities of any of them. § 7.10 LAWS As used in the Contract Documents,the terms"Law"and"Laws"shall mean and include all laws,statutes,codes, ordinances,rules,regulations,and lawful orders and any other requirements of public authorities applicable to the Contractor Parties,the Work and the Project. §1.111 INTERPRETATION ThO.Contract Documents frequently omit modifying words such as"all"and"any,"and articles such as"the"and"an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. When used in the Contract Documents,unless the context clearly dictates otherwise,(1)the singular shall include the plural,and vice versa,(2)the use of the masculine,feminine or neuter gender shall include all other genders,as appropriate,(3)the words"include,""includes"and"including"shall be deemed to be followed by"without limitation,"regardless of whether such words or words of like import in fact follow same,and(4)the disjunctive"or"shall include the conjunctive"and."Unless otherwise stated in the Contract AIA Document A1071"—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 7 distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:39:13 on 0 210 712 01 2 under Order No.2062516038 1 which expires on 03/0812012, and is not for resale. User Notes: (1887066730) Documents,words that have recognized technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. ARTICLE 8 OWNER § 8:1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.1.1f requested by the Contractor and reasonably required for the Project,the Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.2 The Contractor shall be entitled to reasonably 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;changer in existing facilities. § .8.2 OWNER'S,RIGHT TO.STOP THE WORK If the Contracto fails to correct Work which isnot in accordance with the requirements of the Contract Documents,or otherwise fiiiils.td.carry out;the'Work in accordance with the Contract Documents,or in the event of an emergency involving injury or risk of injury to persons or property,the Owner,without prejudice to any other remedy the Owner has;may issue a;written order,ta the Contractor to stop the Work,or any portion thereof,until the cause for such order is eliminated;how.,ever,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,and fails within.a;seventy-6w6.:(22)hour period after receipt of written notice from the Owner to commence and continue correci'ion of such default or neglect with diligence and promptness,the Owner,without prejudice to any other remedy the Owner has,may correct:such deficiencies by whatever method the Owner deems expedient and may deduct the reasonable costthereof,including Owner's expenses and compensation for any Architect's services made necessary thereby,from the.payment then or thereafter due the Contractor.if the payment then or thereafter due the Contractor is not:suff cient to cover such amount.s,:the Contractor shall pay the difference to the Owner promptly upon demand. ARTICLE.9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Signing of the Agreement by the Contractor is a representation that the Contractor has visited the site,become familiar.with local conditions under.which the Work is to be performed and correlated personal observations with requirements.of the Contract Documents.The Contractor shall be responsible for ascertaining correct dimensions and materials,.and shall not ascertain dimensions simply by scaling drawings. § 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 not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Owner any errors,inconsistencies,or omissions discovered by or made known to the Contractor as a request for information in such form as the Owner requires.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 accordance with Law,but the Contractor shall promptly report to the Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Owner requires. AIA Document A107"'—2007,Copyright®1936,1951,1956,1961,1963,1966.1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING: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 to the maximum extent possible under the law.This document was produced by AIA software at 12:39:13 on 0210712012 under Order No.2062516038 1 which expires on 0=812012, and is not for resale. User Notes: (1887066730) § 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 Parties. § 9,2.3 The Contractor,shall review all specified or recommended construction and installation procedures applicable to the Work,.including those recommended by manufacturers and suppliers,and shall promptly report to the Owner any:objections the Contractor has to such procedures and advise the Owner if any procedure deviates from good construction.practice or,might adversely affect or invalidate any warranty or guarantee. §.93 LABOR AND :MATERIALS §:-9:3.1 Unless othehviseprovided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,too ls :construction equipment and machinery,water,heat,utilities,transportation,and other faClitiis and sertices necessary for proper performance and completion of the Work whether temporary or permanent :and,whether or pot incorporated or to be incorporated in the Work. The Contractor all force strict discipline and good order among the Contractor's employees and other persons carrying'ouC 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 ay:make a su M. bstitution only with the written consent of the Owner,after evaluation by the Owner and in:accordance.with aModification. SAWARRANTY ... ....... The,Contractorwarrants to;the Owner and Architect that materials and equipment provided under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants th;it:tlie Work,w ll eonforni to the requirements of the Contract Documents and will be free from defects,except for th;** n#ierent.in the qualityof the Work the Contract Documents require or permit.Work,materials,or equipment not ,.. 0000711`19to:these.regareinents,including substitutions not properly approved in writing,shall be considered defective.T}ie.Confraetor's warranty excludes remedy for damage or defect caused by the following(by anyone other than the Contractor Parties):(I).abuse;(2)alterations to the Work,(3)improper or insufficient maintenance,(4) improper,o}ieration,or'(5.)normal wear and tear under normal usage.The Contractor shall assign to Owner,or otherwise assure that the Owner has the full benefit of,all warranties and guarantees of manufacturers,Subcontractors, sub-subcontractors;suppliers:and any others applicable to the Work,and the Contractor shall perform the Work in a manner.that:does not adversely affect or invalidate any such warranties or guarantees. § 9'.1:TAXES The,Contractor shall pay sales,consumer,use and other similar taxes that are legally enacted as of the date of the Agreement,Whether.or not yet effective or merely scheduled to go into effect.The Contractor shalt cooperate with the Owner to reduce project'taxes.All tax savings shall be retained by,returned to or otherwise benefit the Owner. § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as other permits,fees,licenses and inspections by government agencies necessary for proper performance and completion of the Work that are customarily secured after signing the Agreement and legally required at the time bids are received or negotiations concluded. § 9.6,2 The Contractor shall comply with and give notices required by Law. If the Contractor performs Work knowing it to be contrary to Law,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction and damages incurred by the Owner. § 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.The Owner shall select materials and equipment under allowances with reasonable promptness,provided that the Contractor provides AIA Document A107——2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init. All rights reserved.WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or g distribution of this AIA!Document,or any portion of R,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:39:13 an 02/07/2012 under Order No.2062516038 1 which expires on 0310812012, and is not for resale. User Notes: (1887066730) the Owner with necessary and sufficient information to select the materials and equipment.Allowance amounts 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. § 9.7.1 SUPERINTENDENT,PROJECT MANAGERS AND KEY EMPLOYEES § 9.7.1.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding on the Contractor as if given to the Contractor. §..:9:7.1.2 The Contractor shall not employ a proposed superintendent to whom the Owner has made reasonable and timely objection.The Contractor shall not replace any superintendent,project manger or other key employee working on,the Project,or reassign such personnel to other projects in a manner that affects their ability to perform their duties ori the Project;without the Owner's prior consent in writing,which shall not unreasonably be withheld or delayed. 9.8 CONTRACTOR'S;:CONSTRUCTION SCHEDULES §9.81The Contractor,promptly after signing the Agreement,shall prepare and submit for the Owner's written approval;:and Architect's information,a Contractor's construction schedule for the Work.The schedule shall not exceed;time limits aitrcent:under the Contract Documents,shall be revised(with notice to and consent of the Owner)at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extenfidquired;by the:Contract Documents,and shall provide for expeditious and practicable performance of the Wolk. The silence of the Owner'.to a submitted schedule that exceeds time limits current under the Contract Documents shall not relieve;the Contractor of its obligation to meet such time limits,nor shall it make the Owner liable for any of"the Contractor's darnages incurred as a result of increased construction time or not meeting such time I § 9.$:2;`Tte.Contractor shall per the Work in accordance with the most recent schedule submitted to and approved to wrhing-1 y the'(honer: .9 9 SUBMITTALS § 9$: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(1)reviewed and approved them;(2)determined and verified materials,field measurements:and field construction criteria related thereto,or will do so;and(3)checked 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.The Contractor shall not be relieved of responsibility for errors or:omissions in submittals,or deviations from requirements of the Contract Documents,by the Architect's approval of submittals. § 9.9.2 Shop Drawings,Product Data, Samples and similar submittals are not Contract Documents. § 9.10 USE OF SITE The Contractor shall confine operations at the site to areas permitted by Law and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.In the event there are ongoing operations of the Owner at the Project,the Contractor shall conduct the Work in a manner that minimizes or eliminates any adverse impact on such operations. §: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.All areas requiring cutting,fitting or patching shall be restored to the condition existing prior to such cutting,fitting or patching,unless otherwise required by the Contract Documents. § 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, AIA Document A107-—2007.Copyright®1936,1951,1956,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Snit. All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 10 distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent f possible under the law.This document was produced by AIA software at 12:39:13 on 02/0712012 under Order No.2062516038_1 which expires on 0310812012, and is not for resale. User Notes: (1887066730) rubbish,the Contractor's tools,construction equipment,machinery and surplus material from and about the Project.If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and shall be entitled to prompt reimbursement from the Contractor or a deduction in any amounts owed the Contractor. § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS .The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner,Owner Parties and Architect harmless from loss and expense (including attorneys' fees)on account thereof, but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings,Specifications or other documents prepared by the Owner or Architect.However;:if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,it shall promptly notify the Owner and Architect,and the Contractor shall be responsible for.such loss and expense(including attorneys' fees)unless such information is promptly furnished to the Owner and Architect. § 9'14 ACCESS TO WORK :. The Contractor shall provide the Owner and Architect access to the Work wherever located. § 9.15.INDEMNIFICATION §.9.15:1 To the full extent:permitted by Law,the Contractor shall defend,indemnify and hold harmless the Owner, Owner Parties: ArchiEect;Architect's consultants and agents and employees of any of them(collectively the "Indemnified Parties")from and.against any and all claims,damages,losses,liabilities and expenses,including attorneys'and expertsfees and expenses,arising out of,in connection with or resulting from performance,or failure in performance;of the Work or.any other obligation in or related to the Contract.The Contractor's obligation to indemnify and hold harmless the Indemnified Parties under this Section 9.15 shall apply,provided that such claim, damage;loss,liability.or expense is caused,in whole or in part,by the acts or omissions of any of the Contractor Parties,regardless of whether or not such claim,damage,loss,liability or expense is caused in part by any of the Indemnified Parties.The Contractor shall be solely responsible for the defense of the Indemnified Parties against any and all claims,deman;ds.and suits arising out of,in connection with or resulting from the performance,or failure in performance,of'the Work or any other obligation in or related to the Contract,provided that such claim,demand or suit includes an al.l.egation.that any claim,damage,loss,liability or expense was caused,in whole or in part,by acts or omissions of any.of:the Contractor.Parties.The Owner shall have the right,at its sole option,to participate in the defense of any such claim,demand or:suit without relieving the Contractor of its obligations under this Section 9.15. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of defense or indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.15.2 In any and all claims,demands and suits against any of the Indemnified Parties by any of the Contractor Parties,the defense and indemnification obligations under Section 9.15.1 shall not be limited by a limitation on amount or type of damages,compensation or benefits payable by or for the Contractor or Subcontractor under workers'compensation acts,disability benefit acts or other employee benefit acts. § 9.15.3 If any defense or indemnity obligation of the Contractor under this Section 9.15,or any other defense or indemnity obligation in favor of any of the Indemnified Parties required by or contained elsewhere in the Contract,is held to be unenforceable,the Contractor agrees to defend,indemnify and hold harmless such persons or entities to the full extent permitted by Law.Further,the liability of the Contractor resulting from its defense and indemnity obligations under the Contract shall not be limited or affected in any way by insurance coverage. ARTICLE 10 CONTRACT ADMINISTRATION § 10.1 The Owner will provide administration of the Contract and will The Architect will have authority to act on behalf of the Owner only to the extent provided in the agreement between the Owner and Architect. § 10.2 The Owner or 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,neither the Owner nor Architect will be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.Neither the Owner nor the Architect will have control over,charge of,or responsibility for,the construction means,methods,techniques, AIA Document A10711—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init. All rights reserved.WARNING:This A10 Document is protected by U.S.Copyright Law and International Treaties.unauthorized reproduction or 1 distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent f possible under the taw.This document was produced by AIA software at 12:39:13 on 02107!2012 under order No.2062516038 1 which expires on 03108/2012, and is not for resale. User Notes: (1687066730)