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Miscellaneous - 1160 GREAT POND ROAD 4/30/2018 (14)
ii uo Gcu+ P^d 4d r J I J BUILDING i 1 i I i J i I i Document G704 - 2000 Certificate of Substantial Completion PROJECT: PROJECT NUMBER: 12039.00/ OWNER:❑ (Name and address) CONTRACT FOR:General Construction ARCHITECT:❑ Brooks School-Johnston Building CONTRACT DATE:7/11/2012 Counseling Center CONTRACTOR:❑ TO OWNER: TO CONTRACTOR: FIELD:❑ (Name and address) (Name and address) OTHER:❑ Brooks School J. Calnan&Assoc. 1160 Great Pond Road 3 Batterymarch Park,51h Floor North Andover,MA 01845 Quincy,MA 02169 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: The entire space within the scope of work The Work performed under this Contract has been reviewed and found,to the Architect's best knowledge,information and belief, to be substantially complete.Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated above is the date of issuance established by. this Certificate,which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: Warranty Date of Commencement 1 Year August 20,2012 Adam L.Wagner CUBE 3 Studio LLC August 20,2012 ARCHITECT BY DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto.The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.Unless otherwise agreed to in writing,the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective:$None The Contractor will complete or correct the Work on the list of items attached hereto within Fourteen Business Days(14)days from the above date of Substantial Completion. -P1 eject J. Calnan&Assoc. gIR CONTRACTOR DATE' The Owner accepts the Work or designated portion as sub ntially complete and will assume full possession at noon(time)on 8/22/12(date). mhTnaR-BrookSchool IIG�-� 23 z OWNER BY DATE AIA Document G704T"—2000.Copyright©1963,1978,1992 and 2000 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 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 15:09:04 on 08/21/2012 under Order No.0735824938_1 which expires on 02/27/2013,and is not for resale. User Notes: (1968649290) b _ w The responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance shall be as follows: (Note:Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage.) AIA Document G704TM—2000.Copyright©1963,1978,1992 and 2000 by The American Institute of Architects.All rights reserved.WARN ING: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 2 produced by AIA software at 15:09:04 on 08/21/2012 under Order No.0735824938_1 which expires on 02/27/2013,and is not for resale. User Notes: (1968649290) CUBE S T U D I O architecture ❑ interiors ❑ planning FINAL INSPECTION AFFIDAVIT (ARCHITECT) To the Inspectional Services Commissioner: Re: Brooks School—Johnston Building Counseling Center 1160 Great Pond Road, North Andover, MA 01845 (Address) (Ward) (Application No.) I certify that I, or a design professional under my supervision, have observed the work associated with the references project having visited the site periodically throughout the construction period. To the best of my knowledge, information and belief, the work generally conforms with the permit and plans approved by the Inspection Services Department and with the provisions of the State Building Code and other pertinent laws and ordinances. Architect Name: Adam L.Wagner Company Name CUBE 3 Studio ARCH/ Cr T Np 31pg3 <n (Enter State Here) Q �pWREN��S Registration 31093 MAssA���s Number: LTH Telephone Number: (978) 989-9900 Architectural Stamp Date: August 20, 2012 Then personally appeared the above named m DWR and made the oath that the above statement by him/her is true. Before me: Notary Public My commission VERONICA B. HILL expires: _ �2 aei Notary Public Commonwealth of Massachusetts My Commission Explrek June ZZ, 2018 Notary Public Stamp 12039.00 A.1.a/Affidavit Arch/Final Insp Stdr O 0 CUBE 3 Studio LLC 360 merrimack street, building 5, 3rd floor, lawrence, ma 01843 p:978.989.9900 f:978.989.9954 www.cube3studio.com NORTH BUILDING PERMIT 0 TOWN OF NORTH ANDOVER 6 0 APPLICATION FOR PLAN EXAMINATION C. A Permit NOL6-1d—'- � Date ReceivedTED Date Issued: 2-0(Z— . -ACHU MPORTANT:Applicant must complete all items on this page Ni MW -r"r PRgPE E k] -RTYYqVVN6, 4 Histone Distractes- '�rio-' DISTRICT M Q - 4ONINP- 'Maqhine, Sh6plyil age `nog ax TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other lQw. pis t Wate(/SO-wer- DESCRIPTION OF WORK TO BE PREFORMED, SP -Der-\OL'ck�ao 6-- Q-�'L�nioo �ewsp tw'�L"COL OWNER: Name: Identification Please Type or Print Clearly) Phone. Address: 11�Lb L-3(2�-Z-kF POOD 0 N a m ez i1i 6 h e.. Address:'- WW- They- I - at Wo 0'. Q - u t r0p ion den-sEi7t�'P'11& - 'Exp Z4-/-A4 S P rvUsofstQdns N( , ;. -xo! Date E Ome- -0. P V9 n J License. ARCHITECT/ENGINEER CO& SOJ alb Phone: ql-�-98 -9 '�iD 6 0 P-0-0 t-A PC�-S�&ef-, LPWQaY-C- Reg. No. Oq Address. FEE SCHEDULE.BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ t- /0FEE: z Check No.: (OD(D51.10 Receipt No.: 2 3Z i Co NOTE: Persons contracting wit unregistered contractors do not have access guaranty fund '. Sib-Retture o. Agent/Ovvner � Signature of contract 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 DEPARTMENT:BPFORM07 Revised 2.2008 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) ® Notified for pickup - Date Doc.Building Peinlit Revised 2008 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 PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Siqnature I+ COMMENTS I �4 Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments I Conservation Decision: Comments Water & Sewer Connection/Signature &Date. Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT —Temp Dumpste site yes } a =� �a`no, w� P" 4. Loc6tediat,124 _ �Fi're>Department signatureldate:.; 7- - 7 COMMENTS Location �M`^ (2v No. D-5 oc "' 1 Date 1 7 3 1 Z-- • TOWN OF NORTH ANDOVER • ALT ` Certificate of Occupancy $ Building/Frame Permit Fee $I cto.C Foundation Permit Fee $ .. Other Permit Fee $ 1 .� TOTAL $�•Of) Check#K�� 25532 Building Inspector NORTH own Of* t E ndover O - � No. y h ver, Mass coc.ac.2." . S U BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System THIS CERTIFIES THAT BUILDING INSPECTOR ..... ................................................................................................................... � P�,� 1 Foundation has permission to erect .......................... buildings on ............................................................................. �lrY1 C �7 �� - �-If�Sl`(Zl06&--r- Rough to be occupied as . � S� ..�`....!'?��... ��' Chimney provided that the person accepting this permi shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relatin the In ection,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 CONSTRUCTIO ARTS Rough Service .............. ..... .. . .. ............................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required 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 Enter construction cost for fee cal- North Andover Fee Cakulatlon Construction Cost $ 157,519.00 m $ - $ 1,890.23 Plumbing Fee $ 236.28 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 236.28 Total fees collected $ 2,462.79 1160 Great Pond Road Demo of Lab Space to office space Nlassachusetts- Department of Public Safeh Board of Building Regulations and Standards Construction Supervisor License License: CS 58573 BARRY R LEDIN # 7 COLLEEN DR , LAKEVILLE, MA 02J41 a . Expiration: 7/15/2012 \ �('unu,iissiuner Tr#: 29344 Exhibit D �® CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDNYYY) F7/11/2012 11HIS 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(les)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: The Driscoll Agency, Inc. PHONE FAX 93 Longwater Circle E IC,MAN 7 - - A/C No:7 1- 1- P.O.Box 9120 ADDRESS: rl I Norwell MA 02061 INSURERS AFFORDING COVERAGE NAIC# INSURER A:N h River Insurance INSURED 2975 INSURER B: nited States Fire Ins. Co. J. Calnan&Associates, Inc. INSURER c:Starr indemnity&Liability Company 3 Batterymarch Park INSURER D:Chartis SpecialtyIns.Company 5th Floor Quincy MA 02169 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1617378175 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. ICY EXP LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER MM/DD/YYYY MY EFF M/DD /YYYY LIMITS A GENERAL LIABILITY 43-716408-7 10/1/2011 0/1/2012 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $300,000 CLAIMS-MADE KIOCCUR MED EXP(Any one person) $5,000 X IncX,C,U PERSONAL&ADV INJURY $1,000,000 X Inc Contractual GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ B AUTOMOBILE LIABILITY 133-731422-1 10/1/2011 0/1/2012 Ea accident 1,000 000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNEDX SCHEDULED BODILY INJURY(Per accident $ AUTOS AUTOS ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident C UMBRELLA LIAB X OCCUR SISCCLO1600411 10/1/2011 0/1/2012 EACH OCCURRENCE $10,000,000 X I EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION 0408702977-1 10/1/2011 0/1/2012 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICERIMEMBER EXCLUDED? FN7 N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$500,000 D Contractors Pollution and CPPL8088097 10/1/2011 0/1/2012 Per Occ 1,000,000 Professional Liability Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) JCA Job#12197 Brooks School, North Andover, MA Brooks School is included as Additional Insured for Automobile Liability on a Primary Basis for the conduct of the(Named)Insured, but only to the extent of that liability. Brooks School is included as Additional Insured for General Liability and Excess(Umbrella)Liability on a primary, non-contributory basis,for ongoing and completed operations, as required by a signed written contract or agreement with the Named Insured. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Brook School ACCORDANCE WITH THE POLICY PROVISIONS. 1160 Great Pond Rd. North Andover MA 01845 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 2 .� AGENCY CUSTOMER ID: 2975 LOC#: ACC)E® ADDITIONAL REMARKS SCHEDULE Page, of 1 AGENCY NAMED INSURED The Driscoll Agency, Inc. J. Calnan&Associates, Inc. POLICY NUMBER 3 Batterymarch Park 5th Floor Quincy MA 02169 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Notice of cancellation provision is 30 days,except 10 days applies for non-payment of premium. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 2 of 2 CUBE STU010 architecture ❑ interiors ❑ planning INSPECTION AFFIDAVIT (ARCHITECT) To the Inspectional Services Commissioner: Re: Brooks School—Johnston Building Counseling Center 1160 Great Pond Road, North Andover, MA 01845 (Address) (Ward) (Application No.) I certify that I, or a design professional under my supervision, shall make periodic site visits from the start to completion of construction of the referenced project to observe general compliance with the State Building Code and other applicable codes and regulations and the approved plans. In addition, I will make a report of my visits and findings. Architect Name: Adam L.Wagner Company Name CUBE 3 Studio, LLC Eo ARcy,lFc WgG,2�r No.31093 Registration 31093 �pWRENCE h `a MASSACHUSERS J� Number: OF Telephone Number: (978) 989-9900 rchitectural Stamp Date: July 18, 2012 Then personally appeared the above Adam L. Wagner named and made the oath that the above statement by him/her is true. Before me: Notary Public My commission 6) expires: JULIE M.SUDExpires n Notary Pub COMMONWEALTH OF MA My CommissionNovember 23. Notary Public Stamp 12039.00 A.1.a/Affidavit Arch/Inspec Aff Std 171 CUBE 3 Studio LLC 360 merrimack street, building 5, 3rd floor, lawrence, ma 01843 p:978.989.9900 f:978.989.9954 www.cube3studio.com CUBE S T U D I O architecture ❑ interiors ❑ planning DESIGN AFFIDAVIT (Architect) To the Inspectional Services Commissioner: Re: Brooks School—Johnston Building Counseling Center 1160 Great Pond Road, North Andover, MA 01845 (Address) (Ward) (Application No.) I certify that to the best of my knowledge, information and belief: (a) the plans conform to the State Building Code, and local Zoning Code, and all other applicable codes, laws and regulations; (b) the proposed work does not constitute a substantial alteration of an existing building; (c) the proposed work does not involve a change of use, as defined in the local Zoning Code and State Building Code. Architect Name: Adam L. Wagner Company Name CUBE 3 Studio, LLC S�VEDWCG/TFc� < No.31o93 EAWRENGE co Registration 31093 "o��OMASSACHUSEns J Number: gS Telephone Number: (978) 989-9900 ' Architect Stamp Date: July 18, 2012 Then personally appeared the above named and made the oath that the above statement by him/her is true. Before me: Notary Public _ My commission expires: Notary Pub7Exoires Ufco MMONWEALTH OF MA My Commissw November 23 Notary Public Stamp 12039.00 A.1.a/Affidavit Engin/Design Aff Std ❑ CUBE 3 Studio LLC 360 merrimack street, building 5, 3rd floor, lawrence, ma 01843 p:978.989.9900 f:978.989.9954 www.cube3studio.com a � E AIA Document Al OF - 2007 Standard Form of Agreement Between Owner and Contractor-fDr a Residential or Small Commercial Project AGREEMENT made as of the le_venth day of ul in the year 117wo Thousand Twelve (In words, indicate day, month andyear.) BETWEEN the Owner: (Name, legal status, address and other information) Brooks School Tt s docume ha important le al consequ mc(s.Consultation 1160 Great Pond Rd. wi an attorn y North Andover MA 01845 is ncourage 1witt respect to its matplelijmlor n adili stip ate-or-local-lew-rr�9Yyra�pcisen requirements on contracts for and the Contractor: home improvements. If t " (Name, legal status, address and other information) document will b ed for W on th ner's�re ' en e,the caner uI8 cons It I al J.Calnan&Associates ad's ors or an att me to verify Batt arch Park r ements c ble to this 5`h Fl uinc MA 02169 Agreemen. for the following Project: (Name, location and detailed description) Brooks School 1160 Great Pond Rd. North Andover MA 01845 The Architect: (Name, legal status, address and other information) ube3 360 Merrimack St. Lawrence,MA 01843 ELECTRONIC COPYING of any portion of this AIA®Document The Owner and Contractor agree as follows. to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A105—-2007formerly A105TM-1993 and A205TM-1993).Copyright©1993 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 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE 3 CONTRACT SUM 4 PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS § 1.1 The Contractor shall complete the Work described in the Contract Documents for the ro ect.Th)on t Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 the drawings and specifications prepared by the Architect,dated Q,and en a ted as Drawings: Number Title Date Exhibit A Specifications: Section Title Pages NA .3 addenda prepared by the Architect as follows: Number Date Pages N/A_ .4 written orders for changes in the Work issued after execution of this Agreement;and AIA Document Al OSTM—2007�forrnerly A106T —1993 and A205Tm—1993).Copyright©1993 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 of 2 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) .5 other documents if any,identified as follows: xhibit A—Contract Document List Exhibit B—Schedule of Values xhibit C—Qualifications&Exclusions Exhibit D—Certificate of Insurance_ Exhibit E—Construction Schedule ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The number of calendar days available to the Contractor to substantially complete the Work is the Contract lime. I He date of commencement of the Work shall be the date of this Agreement unless otherwise i dic Contractor shall substantially complete the Work,no later than , rltd ugttst 20--- subject to adjustment as provided in Article 10 and Article 11. (Insert the date of commencement, if it differs from the date of this Agreement.) ul 23 2012 ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions in accordance with Article 10,the Contract Sum s: ne Hundred Fifty-eight Thousand One Hundred Twenty-sl XDollars and Zero Cents 158 126.00 § 3.2 For purposes of payment,the Contract Sum includes the following values related to p d.Qns of the Work: (Itemize the Contract Sum among the major portions of the Work.) Portion of Work Value ee Exhibit BI I I F § 3.3 Unit prices,if any,are as follows: (Identify and state the unit price;state the quantity limitations, if any, to which the unit pri a wig e apX Item Units and Limitations Price per Unit -00 N/A § 3.4 Allowances included in the Contract Sum,if any,are as follows: (Identify allowance and state exclusions, if any,from the allowance price) Item Price 6;�� 4 See Exhibit C § 3.5 The Contract Sum is based upon the following alternates,if any,which are described i i th Contract 30C ments and hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If the bidding or proposa do(uments pe mi the Owner to accept other alternates subsequent to the execution of this Agreement, attach a s hedule of such other alternates showing the amount for each and the date when that amount expires.) A § 3.6 The Contract Sum shall include all items and services necessary for the proper executi MmpletionWork. ARTICLE 4 PAYMENT § 4.1 Based on Contractor's Applications for Payment certified by the Architect,the Owne sh in accordance with Article 12,as follows: (Insert below timing for payments and provisions for withholding retainage, if any) AIA Document A105T —2007formerly A106——1993 and A206——1993).Copyright©1993 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 of 3 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) Provided that an Application for Payment is received by the Architect not later than the last day of a month the Owner, shall make Payment of the certified amount to the Contractor not later than the last dav of the following month.If an. ADplication for Payment is received by the Architect after the date fixed above pgMent shall be made by the Owner not later than Thi 30 da s after the Architect receives the Application for Payment. _ § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the payment is due at the rate below, or in the absence thereof,at the legal rate prevailing at the place of the Project. Fo�% onthl ARTICLE 5 INSURANCE § 5.1 The Contractor shall provide Contractor's general liability and other insurance as foll ws (Insert specific insurance requirements and limits) Type of insurance Limit of liabili {$9.40) See Exhibit D § 5.2 The Owner shall provide property insurance to cover the value of the Owner's proper y, i icluding a iy I Vork provided under this Agreement.The Contractor is entitled to receive an increase in the Con trac Sum equ tl tc the insurance proceeds related to a loss for damage to the Work covered by the Owner's propel y i surance. § 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy toco ac obligations under Section 8.12. § 5.4 Each party shall provide certificates of insurance showing their respective coverages<enemenencement of the Work. § 5.5 Unless specifically precluded by the Owner's property insurance policy,the Owner ator wa. all rights against(1)each other and any of their subcontractors,suppliers,agents and employeth a (2)the Architect,Architect's consultants and any of their agents and employees, for dai fire or oth rcauses of loss to the extent covered by property insurance or other insurance applicable toARTICLE 6 GENERAL PROVISIONS § 6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and superspgotiations, representations or agreements,either written or oral.The Contract may be amended or modranincludes Y-by a written modification in accordance with Article 10. § 6.2 THE WORK The term"Work"means the construction and services required by the Contract Documents 11 of r labor,materials,equipment and services provided,or to be provided,by the Contractor to f jlfi the Con ct 's obligations. § 6.3 INTENT The intent of the Contract Documents is to include all items necessary for the proper execu ion-anclvompletmn Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all. § 6.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER 0 TS Documents prepared by the Architect are instruments of the Architect's service for use sole y w respect to this Project.The Architect shall retain all common law,statutory and other reserved rights,incl di the copyright.The Contractor,subcontractors, sub-subcontractors,and material or equipment suppliers are au or*l ed to use and reproduce the instruments of service solely and exclusively for execution of the Work.The' str ents of service may not be used for other Projects or for additions to this Project outside the scope of the Work ith 1.ut the specific written consent of the Architect. AIA Document A105T"—2007 formerly A105T"'—1993 and A205TM—1993).Copyright©1993 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 of 4 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) ARTICLE 7 OWNER § 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.1.1 If requested by the Contractor,the Owner shall furnish all necessary surveys and a legal description of the site. § 7.1.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,the Owner shall obtain and pay for other necessary approvals,easements,assessments and cha § 7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents,the Owner may direct the Contractor in writing to stop the Work until the correction is made. § 7.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contracl Do uments and fails within a seven day period after receipt of written notice from the Owner to commence and c nti me correction of such default or neglect with diligence and promptness,the Owner may, without prejudice tooth r remedies,correct such deficiencies.In such case,the Contract Sum shall be adjusted to deduct the cost of correcti4 wfi om payments due the Contractor. § 7.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE COT : CTS § 7.4.1 The Owner reserves the right to perform construction or operations related to the Pro ect vith the O 's own forces,and to award separate contracts in connection with other portions of the Project. § 7.4.2 The Contractor shall coordinate and cooperate with the Owner's own forces and sep ate contractoLuMPI.Qyed by the Owner. § 7.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the responsible therefor. ARTICLE 8 CONTRACTOR § 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor hrited co e familiar with local conditions under which the Work is to be performed and correlated persith requirements of the Contract Documents. § 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner.Before commencing activities,the Contractor shall(1)take 4easurements and verify field conditions;(2)carefully compare this and other information known to the Co actor wit Contract Documents;and(3)promptly report errors,inconsistencies or omissions discovered to the ch ct. § 8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor,promptly after being awarded the Contract, shall prepare and submit for th O er's and rc itect's information a Contractor's construction schedule for the Work. § 8.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 8.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skit nd-attentivn--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. § 8.3.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in '.Ing t e Owner through the Architect the names of subcontractors or suppliers for each portion of the Work Th ontractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a ti el and reasonable objection. § 8.4 LABOR AND MATERIALS § 8.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay or a or, materials,equipment,tools,utilities,transportation,and other facilities and services necess -fsr-pr.oper-executisra and completion of the Work. AIA Document All 05 TM—2007 formerly A105TM—1993 and A205——1993).Copyright©1993 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 of 5 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) § 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract Work.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 8.5 WARRANTY The Contractor warrants to the Owner and Architect that:(1)materials and equipment furn she I under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Doc irrit nts;(2)the Work will be free from defects not inherent in the quality required or permitted;and(3)the Work will coy form to the requirements of the Contract Documents. § 8.6 TAXES The Contractor shall pay sales,consumer,use and similar taxes that are legally required whe i thContract is executed. § 8.7 PERMITS, FEES AND NOTICES § 8.7.1 The Contractor shall obtain and pay for the building permit and other permits and g ve mental fees,licenses and inspections necessary for proper execution and completion of the Work. § 8.7.2 The Contractor shall comply with and give notices required by agencies having juri dic ion over t ie N lork.If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinance!,codes,n.les ind regulations,or lawful orders of public authorities,the Contractor shall assume full responsi)ilil for such Wo k and shall bear the attributable costs.The Contractor shall promptly notify the Architect in wrifi g o inconsistencies in the Contract Documents with such governmental laws,rules and regulatiLns. § 8.8 SUBMITTALS The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings,Productt Samples and similar submittals required by the Contract Documents.Shop Drawings,Product Data, Sa and similar submittals are not Contract Documents. § 8.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law,ordinances,pe theact Documents and the Owner. § 8.10 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. § 8.11 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of deb is nd trash r lat to Work.At the completion of the Work,the Contractor shall remove its tools,construction a ui ent,mac'ine and surplus material;and shall properly dispose of waste materials. § 8.12 INDEMNIFICATION To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless th Owner,Architect, Architect's consultants and agents and employees of any of them from and against claims, 114a expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease o eath—er-o injury to or destruction of tangible property(other than the Work itself),but only to the extent c ed by the negligent acts or omissions of the Contractor,a subcontractor,anyone directly or indirectly employed the r anyone o whose acts they maybe liable,regardless of whether or not such claim,damage,loss or exp se caused in partby a party indemnified hereunder. ARTICLE 9 ARCHITECT § 9.1 The Architect will provide administration of the Contract as described in the Contract oc ments.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contrac Documen s. AIA Document A105——2007formerly A106——1993 and A205TI—1993).Copyright©1993 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 of 6 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) § 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. § 9.3 The Architect will not have control over or charge of,and will not be responsible for,construction means, methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility.The Architect will not be responsible f e Contractor's failure to carry out the Work in accordance with the Contract Documents. § 9.4 Based on the Architect's observations and evaluations of the Contractor's Applicatioi is for Payment,the Architect will review and certify the amounts due the Contractor. § 9.5 The Architect has authority to reject Work that does not conform to the Contract Doc mic nts. § 9.6 The Architect will promptly review and approve or take appropriate action upon Coni raclor's submittals,but only for the limited purpose of checking for conformance with information given and the de tgn concept expressed in the Contract Documents. § 9.7 The Architect will promptly interpret and decide matters concerning performance un er, Ind requir,=e its of, the Contract Documents on written request from either the Owner or Contractor. § 9.8 Interpretations and decisions of the Architect will be consistent with the intent of and reanably ni -,rat le from the Contract Documents and will be in writing or in the form of drawings.When makings ch ' ons and decisions,the Architect will endeavor to secure faithful performance by both Owner and C c partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 9.9 The Architect's duties,responsibilities and limits of authority as described in the Contract Documents sha be changed without written consent of the Owner,Contractor and Architect. Consent shall not be unreasomffi y withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 The Owner,without invalidating the Contract,may order changes in the Work within Cegenera e f tie Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time[ ig adjus ed accordingly in writing.If the Owner and Contractor can not agree to a change in the Contract Sum,the Oar all pay the Contractor its actual cost plus reasonable overhead and profit. § 10.2 The Architect will have authority to order minor changes in the Work not involving chabaa ontract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Sube in writing and shall be binding on the Owner and Contractor.The Contractor shall cant'out s thp ly § 10.3 If concealed or unknown physical conditions are encountered at the site that differ ateos indicated in the Contract Documents or from those conditions ordinarily found to exist,the on Contract Time shall be subject to equitable adjustment. ARTICLE 11 TIME § 11.1 Time limits stated in the Contract Documents are of the essence of the Contract. § 11.2 If the Contractor is delayed at anytime in progress of the Work by changes ordered in the W�kror+y-1 disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Conf�fFactor'scontrol,Contract Time shall be subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION § 12.1 CONTRACT SUM The Contract Sum stated in the Agreement,including authorized adjustments,is the total a ou Owner to the Contractor for performance of the Work under the Contract Documents. AIA Document A105T1—2007formerly A106T —1993 and A205TM—1993).Copyright©1993 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 of 7 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) § 12.2 APPLICATIONS FOR PAYMENT § 12.2.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement.Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require.Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance byhe Owner,payment may similarly be made for materials and equipment stored,and protected from damage,off ie s to at a location agreed upon in writing. § 12.2.2 The Contractor warrants that title to all Work covered by an Application for Paym nt will pass tote weer no later than the time of payment.The Contractor further wan-ants that upon submittal of an Ap asaacar P-aeaa all Work for which Certificates for Payment have been previously issued and payments rece'ved from the Owner shall, to the best of the Contractor's knowledge,information and belief,be free and clear of liens cla ms,security interests or other encumbrances adverse to the Owner's interests. § 12.3 CERTIFICATES FOR PAYMENT The Architect will,within seven days after receipt of the Contractor's Application for Payn ient either iss e t the Owner a Certificate for Payment,with a copy to the Contractor, for such amount as the Arc hitet detennii ies s properly due,or notify the Contractor and Owner in writing of the Architect's reasons for m ithfi olding cerific ition in whole or in part. § 12.4 PROGRESS PAYMENTS § 12.4.1 After the Architect has issued a Certificate for Payment,the Owner shall make pa e provided in the Contract Documents. § 12.4.2 The Contractor shall promptly pay each subcontractor and supplier,upon receipt of payment from the O r, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a su ntract supp] er. § 12.4.4 A Certificate for Payment a progress payment or partial or entire use or occupance Prod e Owner shall not constitute acceptance of Work not in accordance with the requirements of the Con ocument § 12.5 SUBSTANTIAL COMPLETION § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or tali the Work for its intended use. § 12.5.2 When the Work or designated portion thereof is substantially complete,the Archite t w 11 make a in ect' to determine whether the Work is substantially complete.When the Architect determines th th.Work is s bsta tally complete the Architect shall prepare a Certificate of Substantial Completion that shall estab ish he date of Sub tantial Completion, shall establish the responsibilities of the Owner and Contractor,and shall fix t ie 'me within whi h the Contractor shall finish all items on the list accompanying the Certificate.Warranties requir d b. the Cont-act Documents shall commence on the date of Substantial Completion of the Work or designat A portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 12.6 FINAL COMPLETION AND FINAL PAYMENT § 12.6.1 Upon receipt of a final Application for Payment,the Architect will inspect the Work.)�9hen�Architect finds the Work acceptable and the Contract fully performed,the Architect will promptly issu./a fi 1erttficate fo Payment. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect r le es and waivers of liens,and data establishing payment or satisfaction of obligations,such as receipts,claims, sect rity interests or encumbrances arising out of the Contract. AIA Document A105T"—2007formerly A105T —1993 and A205T"'—1993).Copyright©1993 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 of 8 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) § 12.6.3 Acceptance of final payment by the Contractor,a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating,maintaining and supervising all safety pr 11�tions and programs, including all those required by law in connection with performance of the Contract.The C ctor shall take reasonable precautions to prevent damage,injury or loss to employees on the Work,the W rk nd materials and equipment to be incorporated therein,and other property at the site or adjacent thereto.The Coi tractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor,or by an3 one for wliose acts e Contractor may be liable. ARTICLE 14 CORRECTION OF WORK § 14.1 The Contractor shall promptly correct Work rejected by the Architect as failing to co ifol in to the requirements of the Contract Documents.The Contractor shall bear the cost of correcting such rejected W-)Tr,including the costs of uncovering,replacement and additional testing. § 14.2 In addition to the Contractor's other obligations including warranties under the Conl ract the Con act(r shall, for a period of one year after Substantial Completion,correct work not conforming to the re uir ments of e ontract Documents. § 14.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the rre accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. § 15.2 TESTS AND INSPECTIONS § 15.2.1 At the appropriate times,the Contractor shall arrange and bear cost of tests,inspec io d approvals of portions of the Work required by the Contract Documents or by laws,statutes,ordinances,c rul�es"an regulations,or lawful orders of public authorities. § 15.2.2 If the Architect requires additional testing,the Contractor shall perform those tests. § 15.2.3 The Owner shall bear cost of tests,inspections or approvals that do not become require olnts til after the Contract is executed. § 15.3 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 12.3 for a period of 30 days hrough no fault of the Contractor,or if the Owner fails to make payment as provided in Section 12.4.1 for a period �3��ays the C may,upon seven additional days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit,and costs ir?ratedtals; ar-e&son-of such termination. § 16.2 TERMINATION BY THE OWNER FOR CAUSE § 16.2.1 The Owner may terminate the Contract if the Contractor 1 repeatedly refuses or fails to supply enough properly skilled workers or prop.2 fails to make payment to subcontractors for materials or labor in accordance agreements between the Contractor and the subcontractors; .3 persistently disregards laws, ordinances,or rules,regulations or orders of a r ubli—c—au—thonly—Having jurisdiction; or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. AIA Document A1051"—2007 gonnerly A105T"—1993 and A205T'"—1993).Copyright©1993 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 of 9 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) § 16.2.2 When any of the above reasons exist,the Owner,after consultation with the Architect,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days' written notice,terminate employment of the Contractor and may .1 take possession of the site and of all materials thereon owned by the Contractor,and .2 finish the Work by whatever reasonable method the Owner may deem expec irnt� § 16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 1 5.2. ,the Contractor shall not be entitled to receive further payment until the Work is finished. § 16.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,such exc ss-sMla-b"aii&-e Contractor.If such costs exceed the unpaid balance,the Contractor shall pay the difference to tie Owner.This obligation for payment shall survive termination of the Contract. § 16.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may,at any time,terminate the Contract for the Owner's convenience and with ause.The Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of suc i to mination,a o g with reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert any other terms or conditions below.) /A This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period, disclosures or other warning statements above the signatures.) A OWNER(Signature) CONTRACTOR(Signature) Brett Fuhman Chief Operating Office ichael J.Crowther Chief O eratin O cer J. rooks School alnan&Associates 1160 Great Pond Road 3 Batt arch Park (Printed name, title and address) (Printed name, title and addr s) LICENSE NO.: JURISDICTION: AIA Document A105Tm—2007 formerly A105 W—1993 and A205TI—1993).Copyright©1993 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 of 10 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 draft was produced by AIA software at 14:07:30 on 07/11/2012 under Order No.6114273357_1 which expires on 04/14/2013,and is not for resale. User Notes: (1400065895) J. Calnan Exhibit A e & Associates Ude Build... C ON ST R U CTI ON MAN AGE R 5 Project: Brooks School Address: 1160 Great Pond Rd. City/State: North Andover,MA 01845 Project No.: 12-197 CONTRACT DOCUMENT LIST RFP Issued By Description Date Issued Revision# Yes Cube3 RFP for Brooks School-Counseling Center 25-Jun-12 DrawingsDescription Date Issued Revision# A-000 Cube3 Cover 22-Jun-12 AD-101 Cube3 Demolition Plan&Reflected Ceiling Demolition Plan 22-Jun-12 A-031 Cube3 Door Schedule,Door&Frame Elevations&Details,&Partition Types 22-Jun-12 A-101 Cube3 Partition Plan&Reflected Ceiling Plan 22-Jun-12 A-102 Cube3 Finish Plan&Tel/Data Plan 22-Jun-12 A-103 Cube3 lFurniture Plan&Schedule 22-Jun-12 A-251 Cube3 Interior Elevations 22-Jun-12 A-551 Cube3 Interior Details 22-Jun-12 Spec Issued By Description Date Issued Revision# Yes Cube3 l5ections 00700 through 10900 25-Jun-12 Addendum/ Issued By Description Date Issued Revision# 1I Cube3 Answers to RFIs 1-12 2-Jul-12 2 Cube3 Hazardous Material Testing Report 3-Jul-12 3 Cube3 Extension of bids 3-Jul-12 Page 1 of 1 J. Calnan Exhibit B e &. Associates We Build. .. CONSTRUCTION MANAGERS Project: Brooks School July 9, 2012 Address: 1 160 Great Pond Rd. North Andover, MA 01845 Project#: 12-197 SCHEDULE of VALUES Trade Division 01000 Project Requirements 3,706 02070 Demolition 5,350 06200 Finish Carpentry &Millwork 8,000 08050 Doors, Frames and Hardware 7,396 08800 Glass &Glazing 6,063 09250 Gypsum Drywall 10,750 09500 Acoustical Ceilings 11,800 09680 Carpeting 20,748 09900 Painting &Wall Covering 2,450 10250 Miscellaneous Specialties 700 12500 Window Treatment 2,450 15300 Fire Protection 2,950 15400 Plumbing 4,250 15500 HVAC 19,900 16000 Electrical 27,400 16400 Tel/Data NIC 16700 iSecurity NIC Subtotal Building Permit 1,607 General Conditions 16,480 Architectural/ Engineering Fees NIC Construction Contingency NIC Bond NIC Insurance General Liability 1,520 Insurance Builders Risk NIC Construction Management Fee 4,606 Total Page 1 of 1 Exhibit C 4 J. Calnan &. Associates We Build... CONSTRUCTI ON M A NAG ERS Qualifications& Exclusions Brooks School 1160 Great Pond Rd. North Andover,MA 01845 12-197 Qualifications: ° All labor has been quoted at merit shop rates.Union or prevailing wages rates have not been included. ° We have quoted all pricing utilizing normal business hours with an uninterrupted flow of construction. ° This proposal assumes the Owner and Contractor will enter into a mutually agreeable standard AIA contract. ° All finishes where not specified are assumed to be manufacturer's standard colors. ° It is assumed that all loose furniture and/or items the owner wishes to salvage will be removed from the space prior to the start of the project. ° Adequate staging and laydown areas will be provided. ° All existing equipment and or devices to remain and/or to be relocated are presumed to be in proper working order,repair or replacement of said equipment or devices is not included. ° It is assumed that subcontractors working directly for the owner shall comply with JCA schedule. °This proposal is based on the assumption that the existing fire alarm panel can be expanded and the specified new devices will be compatible. ° we have included leveling the existing tile floor.No demolition of existing file is included,file base only. ° We have inlcuded Rollease,standard material,chain operated shades at 5 locations. ° HVAC scope of work to include demolition of existing fan coil unit and installation of new 4 ton split unit with steam coil,new thermostat and new 2x2 supply and return diffusers.Condensor to be mounted on concrete pad outside. ° The following allowances are included: -$750:Trenching of floor for new plumbing. Exclusions: ❑General review for ADA compliance&building code compliance. ❑Architectural or civil design/engineering or architectural fees.Engineering for mechanical trades is included. ❑ Delay's beyond JCA's control including weather and/or Owner delays to schedule. ❑ Builder's risk insurance/boiler,machinery,and maritime insurance. ❑ Payment&performance bond. i ❑ Liquidated and consequential damages. ❑ Power,water,and heating/cooling consumption charges. ❑ Unforeseen in-wall,in slab,or in-ceiling conditions. ❑Security,police,fire watch. ❑Misc.building charges or fees and building rules and regulations. ❑Seismic restraints on existing conditions. ❑Structural rehabilitation&patching/repairing of existing concrete. ❑ Patching of existing spray fireproofing. ❑ Rekeying of existing or new door hardware. ❑Appliances,furniture,furniture partitions,equipment,raised/access flooring. ❑ Fumiture/equipment relocation costs. ❑ Window treatments,window film,reception desk. ❑Sprinkler shut-down fees. ❑ We exclude any pre-balancing of existing building systems,or responsibility for documentation of some on existing systems. ❑We have excluded any duct cleaning or equipment cleaning of existing systems. ❑ Fire alarm programming and shut-down fees. ❑Tel/Data,Security,and AV systems,wiring,outlets and equipment. Demolition of existing tel/data and security. 13 Costs associated with hazardous materials(ACM,Lead,PCBs etc)including testing and/or abatement and removal of same. Page 1 of 1