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HomeMy WebLinkAboutArchitect AIA-Document A-104r, AIA Document A,104' - 20.17 Modified Standard Abbreviated Form of Agreement Between Owner and Contractor AGREEMENT made as of the << » day of «January» in the year «2022» (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) «Aquanique Ocean Club Condominium Association, Inc.» 2700 N. Hwy AIA.» ((Ft. Pierce, -FL 34949» and the Contractor: (Name, legal status, address and other information) «Pritts; Inc:» «200 NW 22nd Street>> «Fort Lauderdale, FL 33311>> for the following Project: (Name, location and detailed description) «Aquanique Condominium Roofing Replacement Project» <2700 N. _Hwy A l A Ft. Pierce,FL 34949» The. Architect: (Name, legal status, address and other information) «Structural Engineering Professionals, Inc. » . <<751 Nort'Wake Boulevard, Suite 20> <North Palm Beach, FL 33408» >> The Owner and Contractor agree as follows. Any reference to Architect in the Contract Documents means the Engineer, Structural Engineering Professionals, Inc. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a 7-.._. r ti'ti,4 violation of copyright laws as set forth in the footer of this document. AIA Document A104" - 2017 (formerly A307- - 2007). Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 1 Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1714706805) < TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES. IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE AND 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 execute the Work described in the Contract Documents listed in Section 7.1 of this Agreement or reasonably inferable by the Contractor from the Contract Documents 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: (Check one of the following boxes) [ « » ] The date of this Agreement. [ « » ] A date set forth in a notice to proceed issued by the Owner. AIA Document A104' - 2017 (formerly A107- - 2007). Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 2 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1719706805) [ «-X i> ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) «The date of commencement -shall be -fourteen (14)'cal'endar days after the date of the issuance of the permit for the Work at the Project. The Contractor shall apply, for the permit within fourteen (14) calendar days, after this Agreemeni is signed by'both parties and receipt of necessary documents from the Owner, including the Notice of Commencement. » If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 Substantial Completion § 2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check the appropriate box and complete the necessary information) [ « X » ] Not later than ((One Hundred Eighty» ( (d80>) ) calendar days from the date of commencement of the Work. [ (( ) ] By the following date: « i) § 2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date N/A N/A . § 2.3.3 The Contractor shall achieve Final Completion of the entire Work, including without limitation, the completion of the list of items under Sections 15.5.2 and 15.5.3, no later than thirty (30) days after Substantial Completion; provided, however, that if Final Completion is delayed for reasons that are beyond the control of the Contractor and for those for whom the Contractor is responsible, the Contractor may request, before expiration of the thirty (30) day period, additional time. ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's proper performance of the Contract. The Contract Sum including general conditions and the Contractor's overhead and profit, shall be one of the following: (Check the appropriate box) [ « X » ] Stipulated Sum, in accordance with Section 3.2 below [ « » ] Cost of the Work plus the Contractor's Fee, in accordance with Section 3.3 below [ « » ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below) §4. 2h-e-Stipulated. Sum shall be « E glat HundredtSrxty Eiglit�aThousan411R_ouu Hundreds nd�00 Cgfflpollars�)>. ($( u < 68, OO,QO») subject to authorized ad rtlons an deductions as provi e m ContracfDocuments. § 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A AIA Document A104' - 2017 (formerly A107- - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 3 Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1719706805) (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that.amount expires) § 3.2.2 Unit prices, if any: (Identify the item and state the unit price and the quantity limitations, if any, to which the unit price will be applicable) Item N/A. Units and Limitations Price per Unit ($0.00) § 3.2.3 Allowances, if any, included in the stipulated sum: (Identify each allowance) Item Price Remove Hot Tubs (4) $6,000.00 Associated Electrical Work $3,000.00 See page 2, Sections B(9) and B(9B) of Bid Form ("Bid Form") attached as Exhibit "A". The allowance amounts are complete and include, without limitation: (i) all materials, equipment, labor, delivery, installation, overhead and profit; and (ii) any other costs or expense in connection with, or incidental to, the performance of that portion of the Work to which each such allowance applies. The Contractor is not re -installing the four (4) hot tubs. ARTICLE 4 PAYMENT § 4.1 Progress Payments § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The Application for Payment shall be supported by: (i) Contractor's partial waver and release of lien for the payment received under the current Application; and (ii) partial waivers and releases of lien from all subcontractors and suppliers performing Work and/or supplying materials for the Work for the payments received in the previous month's Application for Payment (this item is required beginning with the second Application for Payment and thereafter). § 4.1.2 The period covered by each. Application for Payment shall be fifteen (15) calendar days: o The Contractor shall be paid every fifteen (15) days in accordance with Section 4.1.3 below. 'The Owner shall pay Contractor a deposit of Eight -Six Thousand Eight Hundred Forty and,00/100. ($86,840.00) at the signing of this Agreement. » § 4.1.3 Provided that an Application for Payment is received by the Architect every fifteen (15) days, the Owner shall make payment of the certified amount to the Contractor not later than eight (8) days of receipt of written notice to the Owner from the Architect that the payment request has been approved. The Architect shall review and approve Contractor's Application for Payment within seven (7) days of its receipt of the Application. Any objections to the Application for Payment shall be .given, in writing, to Contractor within seven (7) days from the Architect's receipt of the Application. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than «fifteen » ( o15 » ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) 00 § 4.1.4 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold retainage from the payment otherwise due as follows: AIA Document A104" - 2017 (formerly A107- - 2007). Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 4 Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1719706805) t (Insert a percentage or amount to be withheld as retainage from each Application for Payment and any terns for reduction of retainage during the course of the Work. The amount of retainage may be limited by governing law.) 1"0% ». § 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) «1-1/2% per month» § 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; and .2 a final Certificate for Payment has been issued by the Architect in accordance with Section 15.6.1. § 4.2.2 The Owner's final payment to the Contractor shall be made no later than 10 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 5 DISPUTE RESOLUTION § 5.1 Binding Dispute Resolution For any claim subject to, but not resolved by, mediation pursuant to Section 21.4, the method of binding dispute resolution shall be as follows: (Check the appropriate box) [ « )i ] Arbitration pursuant to Section 21.5 of this Agreement [ « X» ] Litigation in a court of competent jurisdiction [ « ii ] Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed AIA Document A104Tm--2017, Modified Standard Abbreviated Form of rnrn Agreement Between Owner and Contractor. § 6.1.2 AIA Document E203Tm--2013, Building Information Modeling and Digital Data Exhibit, dated as indicated d below: (Insert the date of the E203-2013 incorporated into this Agreement.) «N/A :» § 6.1.3 The Supplementary and other Conditions of the Contract: AIA Document A104' - 2017 (formerly A107O1 - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 5 Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1714706805) x Document Title, Date Pages N/A § 6.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) «See Roofing Project Manual for.Aquanique-Condominium attached as Exhibit "B".» . Section Title Date Pages § 6.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) tN/A Number Title Date § 6.1.6 The Addenda, if any: Number Date Pages N/A Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are enumerated in this Article 6. § 6.1.7 Additional documents, if any, forming part of the Contract Documents: .1 Other Exhibits: (Check all boxes that apply) Exhibit A, Determination of the Cost of the Work. [ « » ] AIA Document E204T"-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) » [ « » ] The Sustainability Plan: Title Date Pages [ « » ] Supplementary and other Conditions of the Contract: Document Title Date Pages .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents) a Exhibit "A" — Contractor's Bid Form dated -September .10,. 2021 ("Bid Form") / Exhibit `B" - Roofing Project Manual for Aquanique Condominium ..:. Exhibit "C" — Sample 25 year Soprema Platinum NDL Roofing Warranty » AIA Document A104' - 2017 (formerly A107- - 2007). Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987,, 1997, 2007 and 2017 by The. American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 6 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1714706805) ARTICLE 7 GENERAL PROVISIONS § 7.1 The Contract Documents The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of a conflict between this Agreement, the Specifications and Drawings (included in the Project Manual), Bid Form, or any other exhibits to this Agreement, the language of this Agreement shall control. In the event of inconsistencies within or between parts of the Contract Documents, or between the Contract Documents and applicable standards, codes and ordinances, the Contractor shall (i) provide the better quality or greater quantity of Work or (ii) comply with he more stringent requirement, either or both in accordance with the Architect's interpretation. The terms and conditions of this Section 7.1, however shall not relieve the Contractor of any of the obligations set forth in Sections 9.1. and 9.6. § 7.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 7.4Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 7.5 Ownership and use of Drawings, Specifications and Other Instruments of Service § 7.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub -subcontractors and suppliers are authorized to use and reproduce the Instruments of Service provided to them, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers 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, Architect and the Architect's consultants. § 7.6 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. AIA Document A104- - 2017 (formerly A107O1 - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 7 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1714706805) § 7.T Severability The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. § 7.8 Notice § 7.8.1 Except as otherwise provided in Section 7.8.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission, or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering Notice in electronic format such as name, title and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission) «N/A § 7.8.2 Notice of Claims shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, electronic transmission, or by courier providing proof of delivery. § 7.9 Relationship of the Parties Where the Contract is based on the Cost of the Work plus the. Contractor's 'Fee, with or without a Guaranteed Maximum Price, the Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 8 OWNER § 8.1 Information and Services Required of the Owner § 8.1.1 Prior to commencement of the Work, at the written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 8.1.1, the Contract Time shall be extended appropriately. Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if: (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. If the Work is stopped under this Section, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 8.1.2 The Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.3 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.4 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments, and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. AIA Document A104' - 2017 (formerly A107' - 2007). Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978,.1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 8 ET on 12/07/2020 under order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents6 Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1719706805) § 8.2 Owner's Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, and fails within ten (10) days after receipt of written notice from the Owner to commence and continue to correct or carry out the Work, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to any other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 15.4.3, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including the Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 21. § 8.4 In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques,. sequences, or procedures or for the safety precautions and programs in connection with the Work performed by the Contractor, notwithstanding any of the rights and authority granted the Owner in the Contract Documents ARTICLE 9 CONTRACTOR § 9.1 Review of Contract Documents and Field Conditions by Contractor § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Prior to execution of this Agreement, the Contractor and each Subcontractor evaluated and satisfied themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation: (i) the location, condition, layout, and nature of the Project site and surrounding areas, (ii) generally prevailing climatic conditions, (iii) anticipated labor supply and costs, and (iv) availability and cost of materials, tools, and equipment. The Owner assumes no responsibility or liability for the physical condition or safety of the improvements furnished by the Contractor located on the Project site. Except as set forth in Section 17.2, the Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum or Contract Time in connection with any failure by the Contractor or any Subcontractor to have complied with the requirements of this Section 9.1.1, except for increases in the Contract Sum and/or Contract Time for increases in the price of materials, material shortages, or delays in the delivery of materials as provided in Sections 13.5 and 14.5 of this Agreement. § 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 8.1.2, 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 Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. AIA Document A104" - 2017 (formerly A107"' - 2007). Copyright 4j 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 9 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'➢ Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1714706805) § 9.1.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Section 9.1.2 or 9.1.3, the Contractor shall submit a change order as provided in Article 13. If the Contractor performs the obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 9.1.5 The Contractor shall comply with all applicable federal, state and local laws, statutes, rules, codes, orders, regulations, and ordinances, including all immigration, environmental, tax, social security, unemployment compensation, worker's compensation and safety laws, statutes, rules, codes, orders, and regulations. The Owner, in its sole discretion, may and after giving the Contractor seven days' written notice to commence and continue to cure, and the Contractor's failure to do so within said seven days, terminate this Contract, if, at any time during the term of this Contract, the Contractor violates or is in breach of any provisions of this Subsection. The Contractor shall require all of its Subcontractors and sub -subcontractors to make the representations and warranties set forth in this Section and to be bound by the same requirements set forth in this Section. § 9.2 Supervision and Construction Procedures § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all.portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 Labor and Materials § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 9.3.3 Notwithstanding anything within the Contract Documents to the contrary, the Owner indemnifies, holds harmless and releases the Contractor from any liability or damages arising out of or related to mold, mildew, algae, and/or water intrusion into the buildings on the Project whether discovered prior to or after Contractor furnishes its Work on the Project. The Contractor shall neither be liable for any mold, mildew, algae, or biological problems anywhere on the Project, nor any damage, loss, or costs arising out of or caused by any water intrusion and/or water leaks infiltrating the buildings on the Project. The Contractor shall not be liable, nor shall the Owner look to the Contractor to furnish any repairs to remediate mold or mildew on the Property, or to repair damage to other property caused by mold or mildew. The Owner and/or Owner's insurance shall be responsible for damages caused by water intrusion. § 9.3.4 The Contractor shall not be liable for building movement, natural disasters or ponding water damages not caused directly or indirectly by the Contractor or any of its Subcontractors. Contractor shall not be liable for damage caused during or after its Work is completed by unforeseen violent weather, including, but not limited to, hurricanes, tornadoes floors, hail or sleet. The Contractor shall not be liable for hidden or concealed damage to the deck or any item hidden or concealed before tearing off the roofing system. Contractor makes no representations regarding the condition of the deck system or any other portion of the Project not within the Contractor's scope of work. § 9.3.5 In the event of a hurricane or other severe weather, should Contractor be directed by the Architect and/or Owner to do so, Contractor will secure the roof, Work, and equipment. With regard to hurricane warning demobilization and re -mobilization expenses (including but not limited to costs for removing and/or securing the hoist, crane or scaffolding or other equipment or materials from the site) the parties agree that any hurricane warning AIA Document A104' - 2017 (formerly A1071 - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA to Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Document0 Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1714706805) demobilization and remobilization expenses shall, in accordance with a Change Order, be paid for by the Owner in the amount of $$7,500.00 for Category I and II hurricanes, and $10,000.00 for Category III, IV and V hurricanes. Directives to demobilize in the event of a hurricane warning shall be in writing from the Architect or Owner. § 9.4 Warranty The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and the labor will be free from defects for a period of two (2) years from the date of Substantial Completion, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements shall be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. All other warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 15.6.3. Contractor agrees to secure a Soprema Platinum NDL 25-year Roof Warranty from the manufacturer, a sample of which is attached hereto as Exhibit "C". § 9.5 Taxes The Contractor shall pay sales, consumer, use, and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 Permits, Fees, Notices, and Compliance with Laws § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract 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 applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders and all other requirements of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 Allowances The Contractor shall include in the Contract Sum all allowances stated in the Bid Form, attached as Exhibit "A". 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. § 9.8 Contractor's Construction Schedules § 9.8.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in accordance with the most recent schedule submitted to the Owner and Architect. § 9.9 Submittals § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect 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 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. J § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. AIA Document A104" - 2017 (formerly A10711 - 2007). Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 1 1 Contract Documents" areregisteredtrademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1719706805) § 9.9.3 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless the Contractor needs to provide such services in order to carry out the Contractor's own responsibilities. If professional design services or certifications by a design professional are specifically required, the Owner and the Architect will specify the performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional. If no criteria are specified, the design shall comply with applicable codes and ordinances. Each Party shall be entitled to rely upon the information provided by the other Party. The Architect will review and approve or take other appropriate action on submittals for the limited purpose of checking for conformance with information provided and the design concept expressed in the Contract Documents. The Architect's review of submittals shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. In performing such review, the Architect will approve, or take other appropriate action upon, the Contractor's submittals. § 9.10 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.10.1 Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials, and equipment likely to cause hazardous conditions. § 9.10.2 The Contractor and any entity for whom the Contractor is responsible shall not erect any sign on the Project site without the prior written consent of the Owner, which may be withheld in the sole discretion of the Owner. § 9.10.3 Without limitation of any other provision of the Contract Documents, the Contractor shall use best efforts to minimize any interference with the occupancy or beneficial use of (i) any area and building adjacent to the site of the Work, and (ii) the Building. Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing facilities at the Project site, including, without limitation, lavatories, toilets, entrances and parking areas other than those designated by the Owner. § 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. § 9.12 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the. Contractor's tools, construction equipment, machinery, and surplus material from and about the Project. § 9.13 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 9.14 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 and Architect harmless from loss on account thereof, but shall not be responsible for 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 an infringement of a AIA Document A104' - 2017 (formerly A1071 - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 12 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1719706805) copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 9.15Indemnification § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and Architect from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, 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, including loss of use resulting therefrom (other than the Work itself and the removal of terraces and hot tubs on the roof), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they maybe liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. Notwithstanding anything in this Agreement to the contrary, Contractor shall not indemnify the Owner, Architect and/or others for their own negligence, or willful, wanton or intentional misconduct, and shall not indemnify the Owner, Architect and/or others for the removal of the terraces and hot tubs on the roof in accordance with Contractor's Work hereunder. § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT § 10.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction, until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 10.3 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 10.4 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 10.5 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 10.6 The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. 0a AIA Document A104' - 2017 (formerly A107- - 2007). Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 13 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Document0 Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1714706805) § 10.7 The Architect will review and approve or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 10.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. ARTICLE 11 SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the Subcontractors or suppliers proposed for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall (1) 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 and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 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. 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. The Owner shall notify the Contractor if a Separate Contractor plans to perform work in the same location as Contractor at least three (3) working days prior to Separate Contractor commencing its work. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. The Contractor may submit Change Order Requests to the Owner and Architect for changes in the Work. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor, and Architect, or by written Construction Change Directive signed by the Owner and Architect. Upon issuance of the Change Order or Construction Change Directive, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order or Construction Change Directive. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and AIA Document A104' - 2017 (formerly A107- - 2007). Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970; 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 14 Contract Documents" are registered trademarks and may not. be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1719706805) Architect, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. All Change Orders and Construction Change Directiveswill include all items of the Work and include ten percent (10%) for overhead and eleven percent (11 %) for.profit, including overhead, performed directly by the Contractor; and a maximum of twenty percent (20%) for over overhead and profit for Work performed by subcontractors. 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 Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order. § 13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. § 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 shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. If the parties cannot mutually agree on the adjusted Contract Sum and/or Contract Time, one or both of the parties may submit a claim as provided in Article 21. No adjustment in the Contract Time or Contract Sum shall be permitted, however, in connection with a concealed or unknown condition that does not differ materially from those conditions disclosed or that reasonably should have been disclosed by the Contractor's (i) prior visual inspections, or (ii) visual inspections that the Contractor had the opportunity to make or should have performed in connection with the Project. § 13.5 If, during the performance of this Agreement, the price of materials significantly increase, through no fault of the Contractor, the price shall be equitably adjusted by Change Order in an amount reasonably necessary to cover any such significant price increases. As used herein, a significant price increase shall mean any increase in price exceeding ten percent (10%) experienced by the Contractor from the date of the Parties' execution of this Agreement. Such price increases shall be documented through quotes, purchase orders, invoices and/or statements. Where the delivery of material is delayed, through no fault of the Contractor, as a result of the shortage or unavailability of material, the Contractor shall not be liable for any additional costs or damages associated with such delay(s), and the Contract Time shall be equitably adjusted. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing this 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. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.6.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, or any employee of either, or of a separate contractor; (2) changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties, epidemics, pandemics, acts of God, or any causes beyond the Contractor's control; (4) material shortages or delays in the delivery of materials; (5) unforeseen conditions; (6) delay authorized A by the Owner pending mediation and dispute resolution, or (7) by other causes that the Contractor asserts, and the j Architect determines, justify delay, then the Contract Time and Contract Sum shall be equitably adjusted as the Architect may determine, subject to the provisions of Article 21. AIA Document A104' - 2017 (formerly A107'" - 2007). Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1719706805) ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 Schedule of Values § 15.1.1 Where the Contract is based on a Stipulated Sum pursuant to Section 3.2, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Stipulated Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy required by the Architect. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 15.1.2 The allocation of the Stipulated Sum under this Section 15.1 shall not constitute a separate stipulated sum for each individual line item in the schedule of values. § 15.2 Applications for Payment § 15.2.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 15.1, for completed portions of the Work. The application shall be notarized, if required; be supported by all data substantiating the Contractor's right to payment that the Owner or Architect require; and shall reflect retainage if provided for in the Contract Documents. 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. § 15.2.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. § 15.2.3 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 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. § 15.2.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.3 Certificates for Payment § 15.3.1 The Architect will, within seven days after receipt of the Contractor's. Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner of the Architect's reasons for withholding certification in whole or in part as provided in Section 15.3.3. § 15.3.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA Document A104" - 2017 (formerly A1071 - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects.. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11.08:45 1 6 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copyright@aia. erg. User Notes: (1719706805) § 19.3.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 15.3.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 15.3.1. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third -party claims filed or reasonable evidence indicating probable filing of such claims, for Work which Owner has paid Contractor, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment for Work which Owner has paid Contractor; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.3.4 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 15.3.3, in whole or in part, that party may submit a Claim in accordance with Article 21. § 15.4 Progress Payments § 15.4.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, 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 a similar manner. Notwithstanding anything in this Section 15.4.1 to the contrary, the Owner may elect, in the Owner's sole discretion, after then (10) calendar days' advanced written notice to the Contractor, to make any payment requested by the Contractor on behalf of a subcontractor jointly payable to the Contractor and such subcontractor. The Contractor and such subcontractor shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. In no event shall any joint payment be construed to create any (i) contract between the Owner and the subcontractor of any tier, (ii) obligations from the Owner to such subcontractor, or (iii) rights in such subcontractor against the owner. § 15.4.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor or supplier except as may otherwise be required by law. § 15.4.3 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. § 15.4.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 15.5 Substantial Completion § 15.5.1 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 that the Owner can occupy or utilize the Work for its intended use. AIA Document A104' - 2017 (Formerly A1071 - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 17 Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1714706805) § 15.5.2 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 Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.5.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Items will not be added to the list after reviewed by the Architect. 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. § 15.5.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.6 Final Completion and Final Payment § 15.6.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,. the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.6.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.6.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. All warranties and guarantees required under or pursuant to the Contract Documents shall be assembled and delivered by the Contractor to the Architect as part of the final Application for Payment. § 15.6.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 15.6.4 Acceptance of final payment by the Contractor, a Subcontractor or 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 the final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and 00 AIA Document A104' - 2017 (formerly A107D1 - 2007). Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved..The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 1 8 contract Documents" areregisteredtrademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET 0n 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1714706805) .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, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury, or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and 16.1.3. The Contractor may make a claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. § 16.2 Hazardous Materials and Substances § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. 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 shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 16.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable by a 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 cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS § 17.1 Contractor's Insurance § 17.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in this Section 17.1 or elsewhere in the Contract Documents. The .Contractor shall purchase and maintain the insurance required by this Agreement from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 18.4, unless a different duration is stated below: § 17.1.2 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than «One Million and 00/100 Dollars » ($ « 1,000,000.00 ' » ) each occurrence, ((Two Million and 00/100 Dollars .» ($ «2,000,000:00 » ) general aggregate, and «Two Million and 00/100 Dollars » ($ «2,000,000.00 ») aggregate for products -completed operations hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; AIA Document A104' - 2017 (formerly A107"' - 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 19 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1714706805) .4 bodily injury or property damage arising out of completed operations; and .5 the Contractor's indemnity obligations under Section 9.15. § 17.1.3 Automobile Liability covering -vehicles owned by the Contractor and non -owned vehicles used by the Contractor, with policy limits of not less than « One Million and 00/100 Dollars» ($ <<1,000,000.00 » ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. § 17.1.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 17.1.2 and 17.1.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 17.1.5 Workers' Compensation at statutory limits. § 17.1.6 Employers' Liability with policy limits not less than <<One Million and 001/00 » ($ <(1,000,000.00 ») each accident; «One Million and 00/100 )>($ (<1;000,000.00 » ) each employee, and (<One Million and 00/100 Dollars » ($ 4,000;000.00 )) ) policy limit. § 17.1.7 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than (( N/A >i ($ (( N/A » ) per claim and (( N/A » ($ 2( N/A » ) in the aggregate. § 17.1.8 The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Section 17.1 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner's written request. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the period required by Section 17.1.1. The certificates will show the Owner as an additional insured on the Contractor's Commercial General Liability and excess or umbrella liability policy. § 17.1.9 The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § 17.1.10 To the fullest extent permitted by law, the Contractor shall cause the commercial liability coverage required by this Section 17.1 to include (1) the Owner and the Architect 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 for which loss occurs during completed operations. The additional insured coverage shall be primary and non- contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations. § 17.1.11 Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17.1, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the. lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 17.1.12 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits) Coverage Limits N/A AIA Document A104' - 2017 (formerly A1071 - 2007). Copyright m 1936, 1951, 1958, 196i, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 20 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale; is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1714706805) § 17.2 Owner's Insurance § 17.2.1 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.2.2 Property Insurance § 17.2.2.1 The Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed or materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section 17.2.2.2, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include .the interests of the Owner, Contractor, Subcontractors, and Sub -subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § 17.2.2.2 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section 17.2.2.1 or, if necessary, replace the insurance policy required under Section 17.2.2.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 18.4. § 17.2.2.3 If the insurance required by this Section 17.2.2 is subject to deductibles or self -insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § 17.2.2.4 If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 18.4, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § 17.2.2.5 Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Section 17.2.2 and, upon the Contractor's request, provide a copy of the property insurance policy or policies required by this Section 17.2.2. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. § 17.2.2.6 Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17.2.2, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor; upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 17.2.2.7 Waiver of Subrogation § 17.2.2.7.1 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; (2) the Architect and Architect's consultants; and (3) Separate Contractors, 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 those losses are covered by property insurance required by this Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this Section 17.2.2.7 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a AIA Document A104- - 2017 (formerly A107- - 2007). Copyright Q 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 21 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1714706805) duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 17.2.2.7.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 17.2.2.7.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 17.2.2.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements. of any applicable mortgagee clause. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements, written where legally required for validity, the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 17.2.3 Other Insurance Provided by the Owner (List below any other insurance coverage to be provided by the Owner and any applicable limits) Coverage N/A Limits § 17.3 Performance Bond and Payment Bond § 17.3.1 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 the Contract Documents on the date of execution of the Contract. If the Owner requests, in writing, for the Contractor to furnish a Performance Bond and Payment Bond, the Contractor will submit a change order to the Owner increasing the Contract Sum accordingly. The Contract Sum does not include the cost of a Performance Bond and Payment Bond § 17.3.2 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 be furnished. ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense, if caused by Contractor. § 18.2 In addition to the Contractor's obligations under Section 9.4, 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 15.6.3, or by terms of an applicable special warranty 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 shall correct it promptly after receipt of notice from the Architect to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Architect shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Architect fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. § 18.4 The two-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. AIA Document A104' - 2017 (formerly A107- - 2007). Copyright O 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 22 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia. org. O'ser Notes: (1719706805) § 18.5 The two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 Assignment of Contract Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 19.2 Governing Law The Contract shall be governed by the laws of the State of Florida. § 19.3 Tests and Inspections Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 19.4 The Owner's representative: (Name, address, email address and other information) o Aquanique Ocean Club Condominium Association, Inc. «2700 N. Hwy,AlA. » . «Ft. Pierce, FL 34949 aAttn: Lisa Kusen » «Phone: (772) 40877538 » Email: 'lisak@advpropmgt:com » - § 19.5 The Contractor's representative: (Name, address, email address and other information) «P.ritts, Inc. » <11000 NW 22Dd Street >> «Fort Lauderdale, FL 33311 Attn: Michael Pdtts >> «Phone: (954) 325-1066 >> «Email: mikeprittsroofitig@yahoo.com >. § 19.6 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 19.7 The Contractor shall prepare a Notice of Commencement for the Project for the Owner's execution. The After the Owner executes the Notice of Commencement, Contractor will record the Notice of Commencement in the public records of St. Lucie County, Florida and post the Notice on the Project. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 Termination by the Contractor If the Architect fails to certify payment as provided in Section 15.3.1 for a period of 10 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 10 days, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and other damages, including, but not limited to profit on the Work not performed. AIA Document A104" - 2017 (formerly A107'".- 2007). Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 23 Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order N0.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1719706805) § 20.2 Termination by the Owner for Cause § 20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor (for which Contractor has been paid) in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the reasons described in Section 20.2.1 exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice to commence and continue to cure, and the Contractor's failure to do so within said seven days, terminate the Contract and take possession of the site and of all materials owned by the Owner, and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 The Owner and Contractor further agree that in the event the other party is in default of any material terms, conditions or covenants of this Agreement, then the other party shall have the right to declare this Agreement in default and thus reserves all rights in equity or law to enforce the terms of this Agreement, including the right to maintain a legal action against the defaulting party for any damages, whatsoever, resulting in the default of the defaulting party, including the reimbursement of any reasonable attorneys' fees and court costs associated with the enforcement thereof to the prevailing party. Contractor's and Owner's rights .and remedies under the Contract Documents are cumulative to each other and without prejudice to any and all other rights and remedies available to Contractor or Owner at law and/or in equity. No action or failure to act by the Contractor or Owner shall constitute a waiver of a right or duty afforded Contractor or Owner under the Contract Documents, nor shall such action or failure to act constitute approval or acquiescence in a breach thereunder. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Notice of Claims § 21.1.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 18.2, shall be initiated by notice to the Architect within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 21.1.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 18.2, shall be initiated by notice to the other party. fi § 21.2 Time Limits on Claims The Owner and Contractor shall commence all claims and causes of action against the other and arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in this Agreement whether in contract, tort, breach of warranty, or otherwise, within the period specified by applicable law, AIA Document A104" - 2017 (formerly A107- - 2007). Copyright © 1936, 1951, 1958, 1961, 1963,-1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 24 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1719706805) but In any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 21.2. § 21.3 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.4 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 21.5 If the parties have selected arbitration as the method for binding dispute resolution in this 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. If the parties have not selected litigation as the method of binding dispute resolution in this Agreement, any claim, subject to, but not resolved by, mediation shall be resolved via litigation in the Florida State courts located in St. Lucie County, Florida, and the Parties agree that the excusive venue for any and all litigation arising out of this Agreement shall be the Florida state courts located in St. Lucie County, Florida. § 21.6 In the event of a dispute arising under this Agreement, whether or not a demand for arbitration or lawsuit is filed, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, including attorneys' fees and costs incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of recoverable attorneys' fees and costs, and attorneys' fees and costs incurred on appeal. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, role, or guideline. In connection with any arbitration proceeding or litigation arising out of this Agreement, venue shall be in Miami -Dade County, Florida. § 21.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including. the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 20. This Agreement entered into as of the day and year first written AWN ignature) CONTRACTOR (Signature)<< >k< )) d� "k r r' }t - - vip (Printed name and title) .»« >>C►S (Printed name and title AIA Document A104" - 2017 (formerly A107"'-2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects.. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA 2 rJ Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:08:45 ET on 12/07/2020 under Order No.7275462343 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail copyright@aia. org. User Notes: (1714706805) Aquanique Condominium Association Roofing Replacement Project FRI TS I00c P.O. BOX 5187 800-222-0442 FT. LAUDERDALE, FL 33310 BROWARD (954) 733-7663 FAX (954) 733-1019 Aquanique Condominium Association Roofing Replacement Project BID FORM BID FOR THE CONSTRUCTION OF: Roofing Replacement Project Aquanique Condominium Association, Inc. 2700 N. Hwy AIA Ft. Pierce, FL 34949 THE FOLLOWING PROPOSAL (BID) PROVIDES FOR COMPLETE EXECUTION OF THE WORK AS DEFINED BY THE CONTRACT DOCUMENTS WITHIN THE TERMS OF A FORMAL AGREEMENT ESTABLISHED UPON A STIPULATED COMPENSATORY SUM. DATE: September 10.2021 TO: Aquanique Condominium Association, Inc. 2700 N. Hwy AIA Ft. Pierce, FL 34949 Gentlemen: The following comprises the proposal from Pritts Inc , which is organized and existing under the laws of the State of Florida. The undersigned, having familiarized (himself, themselves, itself) with the existing conditions of the project area affecting the cost of the work, and with the Project Manual and drawings (as included in the Project Manual), hereby proposes to furnish. all supervision, technical personnel, labor, materials, machinery, tools, services, appurtenances, equipment, including site security of all items thereon, and all fees and permits, utility and transportation services required to complete the Contract for the project. The undersigned agrees, if this Bid is accepted, to contract with the Owner in an AIA Standard form of Agreement or similar within 30 days. The undersigned further proposes to complete all work in accordance with the above listed documents within 180 consecutive calendar days after the issuance of the Notice to proceed. BID FORM ROOFING • WATERPROOFING • PAINTING • CONCRETE DECKS • CATWALKS PREVENTATIVE MAINTENANCE & ROOF REPAIR • STRUCTURAL MASONRY RESTORATION Exhibit "A" Aquanique Condominium Association Roofing Replacement Project A. Lump Sum Items: 1. General Conditions $40,000.00 2. Permits $20,000.00 Lump Sum Total 1 $60,000.00 B. Baseline Bid 4. Remove and Replace Complete BUR Roofing System As Described in Attached Specification, Includes Equipment Rooms, And Stair Houses. 5. Remove and store concrete pavers 5A. Set new Belgard City Series 12x 12x1 3/16" Slate Color "Pavers over DrainBoard. (Assume 4500 SFT) in Grout per Soprema Spec. 6. Lightweight concrete 7. Mechanical - HVAC Removal & Reinstallation 8. Associated Electrical work 9. Remove Hot Tubs (4) -- (Allowance) 9A. Curb wrap in lou of PMMA 9B. Associated Electrical Work ALLOWANCE 10. New Raised Curbs for Hot Tubs (6) 11. Rework existing separation fence. 12. Replacement Metal (Flashing, Chases, Caps, Curbs) 304SS 13. Replace 4 drains with Zurn Z125 roof drains 14. Re -set and certify Lightning Protections System Baseline SubTotal C. Optional Bid Items 13. Parapet Walls - Extend modified up and over top parapet wall. Turnbar at 24" and along outside edge of parapet wall cap. $400,000.00 INC $67,500.00 $ 1 06,000.00 $45,000.00 $5,000.00 $6,000.00 $12,000.00 $3;000.00 $21,000.00 $80,000.00 $25,000.00 $14,000.00 $10,125.00 $854,625.00 $23,775.00 Options SubTotal $23,775.00 Baseline Project $854,625 Options Total $878,400.00 Trades Labor Rates: (per Hour) Repair Credit - $10,000.00 Electrical Work $125 Total $868,4.00.00 Plumbing work $135 Labor Rates and, Overhead and Profit Percentage ROOFING • WATERPROOFING • PAINTING • CONCRETE DECKS • CATWALKS PREVENTATIVE MAINTENANCE & ROOF REPAIR • STRUCTURAL MASONRY RESTORATION Aquanique Condominium Association Roofing Replacement Project Provide labor rate schedule for each type and category of worker. Provide overhead & profit percentage for additional work not specifically indicated: 1. Labor Rates - Skilled (Include all cost, i.e. overhead & profit) $105.00 2. Labor Rates - Non -Skilled (Include all cost, i.e. overhead & profit) _$65.00 3. Overhead and Profit Percentage 21 % Lump sum and unit cost bids shall include all material, labor, equipment, shoring, scaffolding, clean-up, etc. as may be necessary to complete the work. In the event of a discrepancy between the amount shown in both words and in figures above, the amount shown in words shall govern. The Undersigned agrees that, in the event he is notified of the acceptance of this Proposal, within ten (10) days after the date of this Proposal, he will execute a Contract Form. Submitted By: Pritts Inc Signed By: Bidder Title Vice President State: Florida I Zip Code 33310 License Number: CCC1328313 Affix Seal if Bid is by a Corporation Witness: ROOFING WATERPROOFING PAINTING CONCRETE DECKS CATWALKS /l PREVENTATIVE MAINTENANCE & ROOF REPAIR • STRUCTURAL MASONRY RESTORATION _S'TRUC:TC.6RALENGINEERNG PROFESSIONALS, INC. �- tYlk-till-171, Mechanical & Civil Eugilleei-111,•Q C-onsultalli'> July 20, 2021 To: Invited Bidders Roofing Projects Aquanique Condominium Association, Inc. Re: Invitation to Bid Gentlemen: The following Ages contain the 171ajority of paperwork Ilecessary to provide bids for the upcorni.ng roof replacement project at the Aquanique Condor 1iniuni. Therefore, please find attached hereto the following: Instructions to Bidders Bid Forms Project Manual (Specifications) 97ue fi�te or lei s is Friaiay9 a � r ,': OZ&� Site Visits: For any of you who have not visited the site and need to go over the bid package with me, please call me directly on my cell phone. I will try to accommodate you ASAP. If you have already visited the site, but need to revisit, we can arrange that with the management office. lJavi . = tQU—j' E. Reg. #55501 Cell: 561-719-36766 ala V,,,q- co Is 7.n (S -AruC- - C n i ts Cam Exhibit "B" 751 Northlake Boulevard, Suite 2C s North I <abn Beach, .. Forida 33405 Office (561) 844-4060 ` FacsiiniFe (561) 544-1001 yvww_struc.engineers.com Aquanique Roofing Page I of 1 I� wy vi � tin Aquanique Condominium Association -�-Z Roofing Replacement Project INSTRUCTION TO BIDDERS Bid Forms and Bid Preparation. A. All bids must be submitted on the bidder's company letterhead in the format prescribed in the Bid Form(s). Bid forms will be submitted in duplicate (i.e., Two (2) copies). B. All blank spaces must be filled -in, in ink or typewritten in both words and figures, where required. C. Each bid must be submitted in a sealed envelope bearing on the outside the words "Bid Documents", the bidder's name, license number, and address and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as outlined in the Proposal Form. D. Conditional bids will not be accepted. Access to the Proiect Site: Access to the site by the Bidders will be permitted by prior authorization by the Ms. Lisa Kusen, Manager (772-408-7538). All Bidders or Bidder's representative will be accompanied a building representative and/or the Engineer during all site inspections by the Bidder. Examination of Site: Bidders are required to visit the site, and shall be deemed to have visited, the site of the project and to have taken into consideration all conditions, which might affect the work. No consideration will be given any claim based on lack of knowledge of existing conditions. I~ft i r'tc , l`i 3gi9431' fi IIQ 6 �.�I'JI. Bid packages will be given to the bidders at that time. Any questions regarding the project should be resolved by Contacting the Engineer as soon as possible. Obliaation of Bidders: At the time of the opening of bids,. each bidder will be presumed to have read and to be thoroughly familiar with all Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to his bid. Conditions of Bidders: Each bidder must inform himself fully of the conditions relating to the project and employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish ail material and labor necessary to carry out the provisions of his contract; and employ such means and methods that will not cause any interruption or interference with work by others. Interpretation and Addenda: A. The Engineer will make every effort necessary to cooperate with bidders in making the proper interpretations of the Contract Documents and in advising all bidders of such interpretations. Structural Engineering Professionals, Inc. I of 4 Aq uanique Condominium Association Roofing RepEacement Project B. Questions from bidders must be directed to the Engineer as soon as possible to allow sufficient time for preparation and distribution of Addendum. C. Deadline for interpretations and questions shall be two (2) working days before the bid date. D. When written addenda are required, they will be faxed / e-mailed to each Contractor. It shall be each bidders responsibility to make inouiry as to addenda issued. All such addenda shall become a part of the Contract Documents and all bidders shall be bound by such addenda, whether received by bidders or not. E. Each Contractor will be faxed /e-mailed each and every addendum. It shall be the responsibility of each prime bidder- to forward copies of each addendum or otherwise inform their subcontractors. F. Every holder of drawings and specifications furnished to him by the Owner shall receive a copy of each addendum. Qualifications of Bidder(s): A. Bids will be accepted only from Contractors requested to bid and who are properly and currently licensed in the State of Florida. All persons who will be working on the project must be U.S. citizens or have all appropriate papers necessary for empioyment. B. Each bidder is advised that any person, firm, or other party to whom he proposes to award a subcontract, must be acceptable to the Owner. Time for Receivina Bids: M er M=MM Ndao,Aa� anaye Cotlrrain'saci�aA`ssocaiia i"ana`ameei te"rraia r 3 log, B. Bids received prior to the time of opening will be kept, unopened. The Owner will not be responsible for the premature opening of any bid, which is not properly addressed and identified. C. Unless specifically authorized, fax modification of bids will be considered only if such modification is received prior to the time set for opening and written confirmation of such modification over the signature of the bidder is placed in the mail and postinarked prior to the time for bid opening. D. Bidders are cautioned that while fax modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, / shall disqualify the bid. Openincr of Bids: At the time and place fixed for the opening of bids, every bid received within ,1 the time fixed for receiving bids will be opened privately. aJ Structural Engineefing Professionals, hic. 2 Q1'4 Aquanique Condominium Association Roofing Replacement Project Withdrawal of Bids: Bids may be withdrawn by written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the bidder is placed in the mail and postmarked prior to the time set for bid opening. Negligence on the part of the bidder in preparing his bid confers no right of withdrawal or modification. of his bid after such bid has been opened. No bid may be withdrawn for a period of sixty (60) days after the time and date set for opening of the bids. Award of Contract - Reiection of Bids: A. Anticipated start date of actual construction for this contract is within 45 days of contractor selection. B. The contract will be awarded at the earliest possible date, to the responsible bidder submitting the lowest bid proposal complying with the conditions of these Instructions to Bidders, provided his bid is reasonable and it is in the best interest of the Owner. The Owner however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the Owner. C. If at the time this Contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds available as estimated by the Owner to finance the project, then the Contract will be awarded. If such bid exceeds such amount, the Owner may reject all bids. D. The Owner reserves the right to negotiate with a Contractor in lieu of receiving competitive bids. E. The Owner also reserves the right to reject the bid of any bidders who has previously failed to perform properly, to complete a similar contract on time; who is not in a position to perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, materialmen or employees. Execution of Contract: A. The failure of the successful bidder to execute a Contract within a reasonable time limit after the prescribed forms are presented for signature or within such extended period as the Owner may grant based upon reasons determined adequate by the Owner, shall constitute a default, and the Owner may either award the Contract to the next lowest bidder or re -advertise for bids. Pre -Construction Conference: A. Either before or soon after the actual award of the Contract (but in any event prior to the start of construction), the Contractor or his representative shall attend a pre -construction conference with representatives of the Engineer and the Owner representative. The (� conference will serve to acquaint the participants with the general plan of Contract Administration and requirements under which the construction operation is to proceed, and will inform the Contractor of the obligations imposed on him and his Subcontractors in that regard. Structural Engineering Professionals, Inc 3 of 4 Aquanique Condominium Association Rooting RepGacement Project B. The date, time, and place of the conference will be furnished to the Contractor by the Engineer. Laws and Regulations: A. The bidder's attention is directed to the fact that all applicable State Laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout and they will be deemed to be included in the contract the same as thouah herein written out in full. B. The Contractor and all Subcontractors shall further comply with applicable Building Codes as referenced in the various sections of the specifications. Contractor's Qualifications: The Contractor's completed qualifications form is required with the Contractor's bid. An incomplete statement will be considered a non -responsive bid. Time of Completion of Contract: The project shall be complete and ready for use by the Owner in the number of consecutive calendar days indicated by the Contractor on the Bid Form and as agreed to by the Owner. Completion Dates: A. "Completion date" as defined herein, shall be as determined by the Engineer. B. "Substantial completion" where elsewhere used in this Project Manual shall be synonymous with "completion date" as defined above. Subcontractor and Material Price Listing: A. The Bidder shall submit with his bid, a list of the all subcontractors and material suppliers for review and acceptance by the Owner. The list shall contain the type of service provided, name of firm, name of the project coordinator address, telephone number, and date the -business was established. Structural Engineering Professionals, Inc. 4 of 4 Aquanique Condominium Association Roofing Replacement Project BID FORM NOTE: This document shall be reproduced on General Contractor's letterhead, in duplicate. BID FOR T1-1F. CONSTRUCTIOINT OF: . ��_ . Roofing Replacement Project Aquanique Condominium Association, Inc. 2700 N. Hwy AlA Ft. Pierce, FL 34949 THE FOLLOWING PROPOSAL (BID) PROVIDES FOR COMPLETE EXECUTION OF THE WORK AS DEFINED BY THE CONTRACT DOCUMENTS WITHIN THE TERMS OF A FORMAL AGREEMENT ESTABLISHED UPON A STIPULATED COMPENSATORY SUM. DATE: TO: Aquanique Condominium Association, Inc. 2700 N. Hwy AIA Ft. Pierce, FL 34949 Gentlemen: The following comprises the proposal from existing under the laws of the State of Florida. , which is organized and The undersigned, having familiarized (himself, themselves, itself) with the existing conditions of the project area affecting the cost of the work, and with the Project Manual and drawings (as included in the Project Manual), and Addendum No.1, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, services, appurtenances, equipment, including site security of all items thereon, and all fees and permits, utility and transportation services required to complete the Contract for the project. The undersigned agrees, if this Bid is accepted, to contract with the Owner in all AIA Standard form of Agreement or similar within 30 days. The undersigned further proposes to complete all work in accordance with the above listed documents within consecutive calendar days after the issuance of the Notice to ��%� Proceed. 1 Aquanique Condominium Association Roofing Replacement Project BID FORM A. Lump Sum Items: 1 General Conditions 2 Permits Lump Sum Total�� a. Saseiine bid Remove and Replace Complete BLUR Roofing System As 4 Described in Attached Specification, Includes Equipment Rooms, And Stair Douses S Remove and Store Concrete Pavers 6 Lightweight Concrete _ 7 Mechanical - HV'AC Removal & Reinstallation 8 Associated Electrical Work 9 Remove and Reinstall Hot Tubs (4) C/-) 10 New Raised Curbs for Hot Tubs (6) 11 Fencing System Removal and Replacement w Like 12 Replacement Metal (Flashing, Chases, Caps, Curbs) 13 Set Existing PH Pavers in Cementitious Grout per Soprema Spec Baseline SubTotal Optional Bid Items 13 Parapet Walls - Extend modified up and overtop parapet wall. F Turnbar at 24" and along outside edge of parapet wall cap. 14 Set Owner Selected Pavers for PH decks Options SubTotal Baseline Project Total Options Total Labor Rates and, Overhead and Profit Percentage Provide labor rate schedule for each type and category of worker. Provide overhead & profit percentage for additional work not specifically indicated: 1. Labor Rates - Skilled (include all cost, i.e. overhead & profit) 2. Labor Rates - Non -skilled (include all cost, i.e. overhead & profit) 3. Overhead and Profit Percentage Lurnp sum and units cost bids shall include all material, labor, equipment, shoring, scaffolding, clean-up, etc. as may be necessary to complete the work. In the event of a discrepancy between the amount shown in both words and in figures above, the amount shown in words shall govern. Aquanique Condominium Association Roofing Replacement project The Undersigned agrees that, in the event he is notified of the acceptance of this Proposal, within ten (10) days after the date of this Proposal, he will execute a Contract Form. Submitted By: Bidder Signed By: Title State: License Number: Aix Seal if Bid is by a Corporation Witness: Zip Code p��