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5.348 Original Contract
INSTRUCTION SHEET FOR AIA DOCUMENT A107, ABBREVIATED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR for Construction Projects of LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM -1987 EDITION A. GENERAL INFORMATION 1. Purpose AIA Document A107, an abbreviated form, is intended for use on construction projects of Limited scope where the basis of payment is a stipulated sum (fixed fee) and where the combined complexity and length of AIA Documents A101, Owner Contractor Agree- ment, and A201, General Conditions of the Contract for Construction, are not required This document may be used on protects where the Contractor's compensation has been negotiated, but it is not necessarily suitable where compensation is determined by bidding. The bidding process involves unknowns and uncertainties which complicate the procurement of construction even for small projects 2. Related Documents This document contains abbreviated General Conditions partially derived from the 1987 edition of A201, and should not be used with a separate general conditions document. The A107 document is used as one part of the Contract Documents that record the Contract for Construction between the Owner and Contractor. The other Contract Documents are Supplementary Conditions Drawings Specifications Modifications Although the AIA does not produce standard documents for Supplementary Conditions, Drawings or Specifications, a variety of model and guide documents are available, including AIA's MASTERSPEC 3. Arbitration The A107 document incorporates ARBITRATION according to the Construction Industry Arbitration Rules of the American Arbitra- tion Association Arbitration is BINDING AND MANDATORY in most states and under the federal Arbitration Act. In a minority of states, arbitration provisions related to future disputes are not enforceable, but arbitration is enforceable if agreed to after the dispute arises A few states require that the contracting parties be especially notified that the written contract contains an arbitration provi- sion by a warning on the face of the document, specific placement of the arbitration provision within the document or specific dis- cussions among the parties prior to signing the document Arbitration provisions have been included in most AIA contract forms since 1888 in order to encourage alternative dispute resolu- tion procedures and to provide users of AIA documents with legally enforceable arbitration provisions when the parties choose to adopt arbitration into their contract Individuals may, however, choose to delete the arbitration provisions based upon their busi- ness decisions with the advice of counsel. To obtain a copy of the Construction Industry Arbitration Rules, write to the American Arbitration Association, 140 West 51st St., New York, NY 10020 4. Use of Non AIA Forms If a combination of AIA documents and non -AIA documents is to be used, particular care must be taken to achieve consistency of language and intent Certain owners require the use of owner- contractor agreements and other contract forms which they prepare Such forms should be carefully compared with the standard AIA forms for which they are being substituted before execution of an agreement If there are any significant omissions, additions or variances from the terms of the related standard AIA forms, both legal and insurance counsel should be consulted 5. Disclosure Statements Prior to executing this Agreement, the Owner and the prospective Contractor may reasonably require written evidence of the other party's financial ability to fulfill the respective obligations under the Contract The Owner may, for instance, provide the Contractor with a letter from the Owner's lender indicating that funds are available to pay for the Work of the Contractor The Contractor may provide information through a financial statement or on AIA Document A305, Contractor's Qualification Statement 6. Letter Forms of Agreement Letter forms of agreement are generally discouraged by the AIA, as is the performance of a part or the whole of the Work on the basis of oral agreements or understandings The standard AIA agreement forms have been developed through more than seventy five years of experience and have been tested repeatedly in the courts In addition, the standard forms have been carefully coordin- ated with other AIA documents. INSTRUCTION SHEET FOR AIA DOCUMENT A107 1987 EDITION AIA© THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 1 7. Use of Current Documents Prior to using any AIA document, the user should consult the AIA, an AIA component chapter or a current AIA Documents Price List to determine the current edition of each document 8. Limited License for Reproduction AIA Document A107 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA The A107 document is intended to be used as a consumable —that is, the original document pur- chased by the user is intended to be consumed in the course of being used There is no implied permission to reproduce this docu- ment, nor does membership in The American Institute of Architects confer any further rights to reproduce them A limited license is hereby granted to retail purchasers to reproduce a maximum of ten copies of a completed or executed A107, but only for use in connection with a particular Project A107 may not be reproduced for Project Manuals Rather, if a user wishes to include it as an example in a Project Manual, the normal practice is to purchase a quantity of the pre printed forms and bind one in each of the Project Manuals Partial modifications, if any, may be accomplished without completing the form by using separate Sup- plementary Conditions Upon reaching agreement concerning the Contract Sum and other conditions, the form may be removed from the manual and such information, except for the signatures, may be added to the blank spaces of the form The user may then reproduce up to ten copies to facilitate the execution (signing) of multiple original copies of the form, or for other administrative purposes in connection with a particular Project B. CHANGES FROM THE PREVIOUS EDITION 1. Format Changes The article entitled Architect, formerly Article 8, has been retitled and repositioned as Article 10, Administration of the Contract The dispute resolution procedures have been consolidated under this new Article 10. 2. Changes in Content The 1987 edition of A107 revises the 1978 edition to reflect and parallel the changes made in the 1987 editions of AIA Document A101, an Owner Contractor Agreement, and AIA Document A201, General Conditions of the Contract for Construction. It incor- porates alterations proposed by architects, contractors, owners and professional consultants. Some of the significant differences in content between this edition and the 1978 edition of A107 are as follows. Article 1: Space has been provided to describe any exceptions to the description of the Contractor's scope of Work Article 6: Spaces have been provided for specifically identifying the other Contract Documents, including the Supplementary Con- ditions, Specifications, Drawings and Addenda, if any Article 9: The terms of the Contractor's warranty have been wntten to more closely parallel AIA Document A201, and the Shop Drawings requirements have been expanded Article 10: This is the new article entitled Administration of the Contract, and replaces the former article entitled Architect. Many of the provisions still apply to the Architect with little change The provisions on arbitration have been moved to this article from the article entitled Miscellaneous Provisions Article 13: A new instrument for effecting changes in the Work, the Construction Change Directive, is now provided for Article 16: A new provision has been added concerning the performance of Work involving asbestos or polychlorinated biphenyl (PCB) Article 19: A provision has been added defining the dates when the statutes of limitations will commence to run on the Contractor's Work C. COMPLETING THE A107 FORM 1. Prospective bidders should be informed of any additional provisions which may be included in A107, such as liquidated damages or payment for stored materials, by an appropriate notice in the Bidding Documents and the Supplementary Conditions 2. Modifications Users are encouraged to consult with an attorney before completing an AIA document. Particularly with respect to contractor's licensing laws, duties imposed by building codes, interest charges, arbitration and indemnification, this document may require modification with the assistance of legal counsel to fully comply with state or local laws regulating these matters. Generally, necessary modifications may be accomplished by writing or typing the appropriate terms in the blank spaces provided on the form or by Supplementary Conditions, special conditions or amendments included in the Project Manual and referenced in this document The form may also be modified by striking out language directly on the original pre printed form Care must be taken in making these kinds of deletions, however. Under NO circumstances should pre printed language be struck out in such a way as to render it illegible (as, for example, with blocking tape, correction fluid or X's that completely obscure the text) This may INSTRUCTION SHEET FOR AIA DOCUMENT A107. 1987 EDITION AIA® THE AMERICAN 2 INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 Exhlhlt A BID FORM FURNISHINGS FOR SENIOR COMMUNITY SERVICES CENTER Port Angeles, Washington SECTION I INTERIOR FURNISHINGS In response to your bid invitation and in accordance with your conditions and specifications, we agree to furnish, deliver and place FOB Port Angeles Senior Community Services Center, items as specified, for the bid price below: Item Description Unit Price Total F -1 Entry Bench 172.11 (2 344.22 F -2 Task Chair (NS -1) 126.17 630.85 F -3 Administration Task Chair 199.9R 399.96 F -4 Love Seat 580.27 (1) 580.27 F -5 Lounge Chair 409.03 (2) 818.06 F -6 Built in Bench 575.00 (1) 575.00 F -7 Lunch Table 122.30 (1) 122.30 F -8 Side Chair versa 131.96 (4) 527.84 F -9 Conference Chair versa 129.89 (8) $1,039.12 F 10 Conference Table 753.45 (1) 753.45 F -11 Bookcase 129.27 (1), 129.27 F -12 Side Chairs versa 139.21 (4) 556.84 F -13 Desk 284.34 (2) 568.68 F -14 Return 188.51 (2) 377.02 F -15 Locking File Cabinet 316.30 (1 316.30 F -16 Barstool 256.95 (7) $1,798.65 1 F -17 Cafe Chair 198.19 (12) 2,378.28 F -18 Cafe `Pab]e 324.65 973.95 F -19 Library Chair_ 377.35 754.70 F -20 End Table 139.57 (1) 139.57 F -21 Lounge Chair 304.38 (4) 1,217.52 F -22 Cocktail Table 198.43 (1) 198 43 F -23 Dining Chair 279.63 (78) 21,811.14 F -24 Dining Tables 138.63 (15) 2,079.45 F -25 Stacking Chair no aLnt 131.96 (100)$ 13,196.00 F -26 Stacking Chair warms 139.20 (100)$ 13,920.00 F -27 Stacking Table 94.89 (20) 1,897.80 F -28 Craft Table 94.89 (6) 569.34 F -29 Stacking Chair 75.04 (25) 1,876.00 F -30 Card Table 140.65 (12) 1,687.80 F -31 Card Chair versa no aims 122.65 (25) 3,066.25 F -32 Bingo Tables 92.82 (12) 1,113.84 F -33 Bingo Chair versa no aims 122.65 (25) 3,066.25 F -34 Conference Table 998.07 (1) 998.07 -35 Conference Chair 178.05 (25) 4,451.25 F -36 Patient Chair 75.04 (8) 600.32 F -37 Movable Table 188.71 (2) 377.42 F -38 Lobby Bench 185.86 (2) 371.72 F -39 Lobby Bench 220.29 '(2) 440.58 F -40 Cafe Table 343.86 (3) 1,031.58 F -41 Table 481.72 (1) 481.72 F -42 Barstool 281.03 (6) 1,686.18 F -43 Chair 281.03 (10) 2,810.30 F -44 Lectern 250.20 (4) 1,000.80 2 F445 Umbrella Table F -46 Umbrella F -47 Umbrella Stand F -48 Patio Chair F -49 Deck Table F -50 Chair Storage Cart F -51 Table Cart F -52 Credenza F -53 Return F -54 Locking Lateral File F -55 Task Chair F -56 Silk Plants S 3 2 0 (3) S 99_2_50 261.26 (2) S 522.52 5 100.97 (2) 201.94 5 155.05 (16) S 2,480.80 5 286.67 (1) S 286.67 109.19 (20) S 2,183 80 149.85 (2) 299.70 275.04 (1) 275.04 187.18 (1) 187.18 316.30 (1) 316.30 199.98 (1) S 199.98 3,020.00 (1) 3,020.00 GRAND TOTAL 104,705.32 WSST (7.9%) 8,271.72 Provide in space below the unit price of F -23 A and F -23 B (Alternate 1) and the total price of each. F -23 A F -23 B Alternate Dining Chair ?14 (42) $9,079.58 Alternate Dining Chair Estimated Number of Working Days from time of order to complete installation: 3 231.79 (36) $8,344.44 120 days. /a2t-/ Signatu of BiddevVr Authoried Repress native Mary H. Haley, Vice President Name of Bidder (Print or Type) or Authorized Representative (206) 452 -3871 Phone Number of Bidder It is understood that all items will be delivered and placed in the ultimate destination at the job site within the stipulated number of days allocated in accordance with the "Time of Completion" per Special Conditions. Timothy R. Haley, AIA PS dba: The TRH Network State of Washington Name of Firm 113 South Valley Port Angeles, WA 98362 Address of Firm, City, State, Zip Code June 14, 1994 Date T. E Abbreviated Form of Agreement Between Owner and Contractor A M E R I C AN For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION This document Includes abbreviated General Conditions and should not be used with other general conditions It has been approved and endorsed by The Associated General Contractors of America AGREEMENT made as of the 23rd Nineteen Hundred and Ninety -Four and the Contractor: TRH Network (Name and address) AIA Document A107 BETWEEN the Owner: City of Port Angeles (Name and address) The Project is: Senior Community Center Furnishings (Name and location) TheArcvlttxiix Contract Administrator is: Scott J. Brodhun (Name and address) Parks Recreation Director City of Port Angeles The Owner and Contractor agree as set forth below. Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N W Washington, D C 20006 Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA© ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 I N S T I T U T E O F A R C H I T E C T S day of June in the year of WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A107 -1987 1 ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, er- s- felews. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2 2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to pro- ceed issued by the Owner (Insert the date of commencement, :f It differs from the date of this Agreement or, if applicable, state that the date will be fired in a notice to proceed) The date shall be fixed in a notice to proceed, which shall be issued by the Contract Administrator. 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement Also insert any requirements for earlier Substantial Completion of certain por- tions of the Work, if not stated elsewhere in the Contract Documents 120 calendar days after date of commencement. subject to adjustments of this Contract Time as provided in the Contract Documents (Insert provisions, if any, for liquidated damages relating to failure to complete on time) ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of not to exceed $120,000 in Dollars subject to additions and deductions as provided the Contract t Documents AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A107 -1987 2 3.2 The Contract Sum is based upon the following altemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner NA (State the numbers or other identification of accepted alternates If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid) 3.3 Unit prices, if any, are as follows Exhibit A ARTICLE 4 PROGRESS PAYMENTS 4.1 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 else- where in the Contract Documents The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows Contract documents Special conditions: Method of payment (page 7) 4.2 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) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA® ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A107 -1987 3 ARTICLE 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows 6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Document A107, 1987 Edition 6.1.2 The/ Supplementary and other Conditions of the Contract are those contained in the Project Manual dated June 2, 1994 and are as follows Document Title Pages Specifications for Interior Furnishings Special Conditions 5 -9 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6 1 2, and are as follows. (Either list the Specifications here or refer to an exhthtt attached to this Agreement) Section Title Pages Sec ion II 1 Products Specification Sheets Interior Furnishings (Various Product Descriptions) AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA® ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. F1 thru F -56 A107 -1987 4 6.1.4 The Drawings are as follows, and are dated (Either list the Drawings here or refer to an exhibit attached to this Agreement) Number Title 6.1.5 The Addenda, if any, are as follows. Number Date Pages 1 June 2, 1994 1 2 June 8, 1994 2 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows (List any additional documents which are intended to form part of the Contract Documents) Advertisement for bids Instructions to bidders Non collusion affidavit dated June 14, 1994 Bid form dated June 14, 1994 Notice of Award NOtice to Proceed AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA° ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. unless a different date is shown below. NA Date Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6 A107 -1987 5 ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), 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. 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 bind- ing as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 7.2 The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub subcontractor or (3) between any persons or entities other than the Owner and Contractor 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- iar with the local conditions under which the Work is to be performed 7.4 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 8.1 ARTICLE 8 OWNER GENERAL CONDITIONS of 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities 8.3 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been 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 AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA© ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 ARTICLE 9 CONTRACTOR 9.1 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 Contract Documents give other specific instructions concerning these matters: 9.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the 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 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or nego- tiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work 9.6 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontrac- tors and their agents and employees, and other persons per- forming portions of the Work under a contract with the Contractor. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A107 -1987 6 9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- formance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications 9.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located 9.11 The Contractor shall pay all royalties and license fees, shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufac- turer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of idemnity which would otherwise exist as to a party or person described in this Paragraph 9 12. 9.12.1 In claims against any person or entity indemnified under this Paragraph 9 12 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 indemnifica- tion obligation under this Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts 9.12.2 The obligations of the Contractor under this Paragraph 9 12 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 7 A107 -1987 ARTICLE 10 ADMINISTRATION OF THE CONTRACT WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 10.1 The Architect will provide administration of the Contract and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concur- rence, from time to time during the correction period described in Paragraph 18.1 10.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when 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 quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 10.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraphs 9 1 and 16 1 The Architect will not be responsible for the Contrac- tor's failure to carry out the Work in accordance with the Con- tract Documents 10.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 10.5 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Docu- ments on written request of either the Owner or Contractor The Architect will make initial decisions on all claims, disputes or other matters in question between the Owner and Contrac- tor, but will not be liable for results of any interpretations or decisions rendered in good faith. The Architect's decisions in matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents All other-elect- sions-of-the Arch sect, except.those which hauelacen siaiv d by malting or a eceptaaee;offmal- paymeHF sliall-be- ibjsrct4o arbttratiorn anon- the -wrtttte*i- demand o€ eitheF par 10.6 The Architect will have authority to reject Work which does not conform to the Contract Documents 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 All claims or disputes between the Contractor and the Owner r 1si ng out or relating to the Contract, or the breach i thereof, be decided by arbitration -in aecordanee -with the f onstrucnair Ii Idustry Arbitration -Rites f the A merlean- Arbr trattott Asseeiattoti- curreatiy- in- effeet -i r less the parties mutu- ally agree otherwise and subject to an initial presentation of the claim or dispute to the Architect as required under Paragraph 10 5 N rtcc -of tir«iema c for arbttratton tl be filed its �vrit- tilg with t the meiit and with-theAmrr1- ran- Arbrtratien *ssoeratton- 1x11- be- made wtt13tn-a-reasen- able -time- after the- dtsptite-has ariset3- The awaf i Fenelercd -by AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 the arbitrator .or arbitrators-shall be final,-rtd7udgmenrmay be -entered -upc n- tt- m- aceorthx withapplioab1e law-in-any court -halting -jurisdiction- thezeol Eotcept-by -wi itxn Got -the- -person .or entity sought. to-be -join 4,- no- arbitration- ansing out -of re4atiiag to-the foatraet Documents-shall inekide, -by-eoft- pselidariea,- einderor in-wry-other imarmer persert or-entity -not -a-past-to-the mneat- Hader -which such- arbitration arises,- unless it 4s- shewitat the-time -the demand-for arbitration -is- filcd that-11)-such persalrorerrtityis substantiallytivotveditr a-cornraon- question- o€.faeOr- law,- (g)-the presence of-such- per- -son -lag entity isregtured- if-cotnplete retie -is to. be- acceuled .tn the arburation, -(3.).the. Interest or- responsibilityzof-such. person oreiatat .y-u the- matter 45-not instib al, -ate (4)-stiel} person -or- entrt- -is- -not -tie Architect -or- airy- of the A- rehitect=s employees- of eonsultarlts- 3'-he agreement- herein among -the -parties to- the-Agreement and- anyatherwntten- agreement to arbitrate -referred rte -herein- shall- be specifically enforceable -urrder-applieable law -irr any- eotirt- having- jrmstirctieir thereof ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in wntmg to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection Con- tracts 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 Contrac- tor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow to the Subcon- tractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided else- where in the Contract Documents 12.2 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for the introduction and stor- age of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Con- tract Documents AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW WASHINGTON, D C 20006 12.3 Costs caused by delays, improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modi- fications, the Contract Sum and Contract Time being adjusted accordingly Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 15 3 14.3 If the Contractor is delayed at any time in progress of the Work by changes ordered m the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather condi- tions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such rea- sonable tune as the Architect may determine ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to Subcontrac- tors or for labor, materials or equipment, (4) reasonable evi- dence that the Work cannot be completed for the unpaid bal- ance of the Contract Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid bal- ance would not be adequate to cover actual or liquidated dam- ages for the anticipated delay, or (7) persistent failure to carry out the Work in accordance with the Contract Documents 15.3 When the Architect agrees that the Work is substantially complete, the Architect will issue a Certificate of Substantial Completion. 15.4 ayitieat- all -a t-b once- dt,ie- unotthe-Goiitractor has-delivered to-the Owneeacomplete release-of-all hensarismg oatof tfi C rials and egwpinent-forwhich _adieu could be _filed,. oca_ bond satisfactory -to -the Ownerto-iade mnify4h8- 0Nun@F-ageiast -sHc -h WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A107 -1987 8 lie44 if Mach- lie- n- rematrls Unsatisfied -at t @r- payments aie -made the _C ntracto.>_shaU xefund. to thellwnerall-noney- that -the Owner- ma}z be- compelled- u� .pay. -in. disshacgiag uch- ken, include g alt costs -arrdzcasoi,ai te-attarneys' 15.5 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 aris- ing out of the Contract and unsettled, .2 failure of the Work to comply with the requirements of the Contract Documents, or .3 terms of special warranties required by the Contract Documents Acceptance of final payment by the Contractor, a Subcontrac- tor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identi- fied by that payee as unsettled at the time of final Application for Payment ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, main- taining, and supervising all safety precautions and programs in connection with the performance of the Contract The Con- tractor 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 incor- porated therein, and .3 other property at the site or adjacent thereto The Contractor shall give notices and comply with applicable laws, ordinances, rules, 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 at the site 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 Subpara- graphs 16.1.2 and 16.1.3, except for damage or loss 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 obliga- tions of the Contractor are in addition to the Contractor's obli- gations under Paragraph 9.12. 16.2 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB) ARTICLE 17 INSURANCE The Contractor shall purchase from and main in a compan ompanies lawfully authorized 4. usiness in the jurisdiction in h the Pro e ocated insurance for protection from claims un.ra.- kers' or workmen's compen- sation acts and o mployee ben e s which are applic- able, cl. or damages because of bodily including and from claims for damages, other than to the rk 9 A107 -1987 self, to property which may arise out of or result from t ntractor's operations under the Contract, whether su h op rations be by the Contractor or by a Subcontractor or g- one directly or indirectly employed by any of them. This sur- ance hall be written for not less than limits of liability sp ified in the Contract Documents or required by law, wh hever coverage is greater, and shall include contractual habili' insur- ance apt icable to the Contractor's obligations under ragraph 9.12. Ce tificates of such insurance shall be file with the a 17.6 t t r t 1 t e wne Owner pr r to the commencement of the Work 17.2 The 0 ner shall be responsible for purchas taining the wner's usual liability insurance Owner may p rchase and maintain other ins protection agai st claims which may arise under the Contr t The Contractor shall not purchasing and aintaining this option insurance unless specifically required Documents 17.3 Unless otherwi e provide and maintain, in a co •any or to do business in the jurisdic located, property insur e upo the full insurable value the eof T risk policy form and shall clu Contractor, Subcontractors an Work and shall insure again coverage and physical loss or cation of coverage, theft, v 17.4 A loss insured under adjusted with the Owner fiduciary for the insureds to the requirements of 17.5 The Owner shal file a copy of e tractor before an exposure to loss may contain a provisio that the policy wil allowed to expire til at least 30 days' pri been given to th Contractor ARTICLE 18 CORRECTION OF WORK WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. g and main- ptionally, the rance for self rom operations e responsible for Owner's liability by the Contract d, the wner shall purchase comp ies lawfully authorized Lion n which the Project is n th entire Work at the site to hi insurance shall be on an all d interests of the Owner, the Sub subcontractors in the e perils of fire and extended age including, without dupli- ism and malicious mischief s property insurance shall be d mat e payable to the Owner as as their in erests may appear, subject y applicabl; mortgagee clause h policy with the Con- cur. Each policy shall not be cancelled or r written notice has 7. The Own' other and the r and Contractor waive all r hts against each chitect, Architect's consultan separate con tractors descr ed in Article 12, if any, and any f their subcon- tractors, sub subcontractors, agents and emplo es, for dam- ages cause property by fire or other perils to the exten covered by surance obtained pursuant to this Artic 17 or any other pr •erty insurance applicable to the Work, e cept such fights they may have to the proceeds of such insu ce held by the wner as fiduciary The Contractor shall requi similar waiv s in favor of the Owner and the Contractor by bcon- tract rs and Sub subcontractors The Owner shall requir: simi- ar aivers in favor of the Owner and Contractor by the chi t, Architect's consultants, separate contractors describe in ticle 12, if any, and the subcontractors, sub subcontractors, gents and employees of any of them 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Sub- stantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Com- AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA© ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 pletion of the Contract or by terms of an applicable special war- ranty required by the Contract Documents The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu- ments Establishment of the time period of one year as described in Paragraph 18 1 relates only to the specific obliga- tion of the Contractor to correct the Work, and has no relation- ship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to estab- lish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is located 19.2 As between the Owner and the Contractor, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued .1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion, .2 not later than the date of issuance of the final Certifi- cate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Com- pletion and prior to issuance of the final Certificate for Payment, and .3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occur- ring after the date of the final Certificate for Payment. AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA© ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of 30 days, the Con- tractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construc- tion equipment and machinery, including reasonable overhead, profit and damages applicable to the Project 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor Alternatively, at the Owner's option, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the Owner may deem expedient 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, such excess shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A107 -1987 10 This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed n/me and title) 11 A107 -1987 ARTICLE 21 OTHER CONDITIONS OR PROVISIONS CONTRACTOR (Signature) (Printed name and tale) CAUTION: You should sign an original AIA document which has this caution hinted in red. An original assures that changes will not be obscured as may occur when documents ar eproduced. AIA DOCUMENT A107 ABBREVIATED OWNER CONTRACTOR AGREEMENT NINTH EDITION AIA° ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 5/93 OWNER !nli -00 clv 1, nature) A:senior.con ARTICLE 21 OTHER CONDITIONS OR PROVISIONS 1. The term "work" as defined in General Condition 7.4 shall only include the purchase, delivery and installation of furniture, furnishings and equipment. 2. All references to "Architect" shall mean the Owner's contract administrator, which shall be the City of Port Angeles Parks and Recreation Director. 3. The last sentence of General Condition 10.5 shall not apply. 4. Subsection (4) of General Condition 10.8 shall not apply. 5. The Contractor warrants to the Owner that materials, furniture, furnishings, and equipment supplied under the Contract will be of good quality and new, that the work will be free from defects, and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. No examination or inspection by the Owner or Architect shall operate as a waiver or exclusion of any express or implied warranty. This Agreement entered into as of the day and year first written above. CONTRACTOR U (Signatiee) A% k Oee, (Printed name and title) (Printed name and title) raise suspicions of fraudulent concealment, or suggest that the completed and signed document has been tampered with. Handwrit- ten changes should be initialed by both parties to the contract. It is definitely not recommended practice to retype the standard document. Besides being outside the limited license for reproduc- tion granted under these Instructions, retyping can introduce typographical errors and cloud the legal interpretation given to a stan- dard clause when blended with modifications Retyping eliminates one of the principal advantages of the standard form documents. By merely reviewing the modifications to be made to a standard form document, parties familiar with that document can quickly understand the essence of the proposed rela- tionship Commercial exchanges are greatly simplified and expedited, good -faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny In this way, contracting parties can more fairly measure their risks 3. Cover Page Date The date represents the date the Agreement becomes effective. It may be the date that an oral agreement was reached, the date the Agreement was originally submitted to the Owner, the date authorizing action was taken or the date of actual execution It will be the date from which the Contract Time is measured unless a different date is provided for under Paragraph 2 1. Identification of Parties. Parties to this Agreement should be identified using the full address and legal name under which the agree- ment is to be executed, including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, closed or professional], etc Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Project Description The proposed Project should be described in sufficient detail to identify (1) the official name or title of the facility, (2) the location of the site, if known, (3) the proposed building type and usage, and (4) the size, capacity or scope of the Proj- ect, if known Architect. As in the other Contract Documents, the Architect's full legal or corporate titles should be used 4. Article 1 The Work of This Contract Portions of the Work which are the responsibility of persons other than the Contractor and which have not been otherwise indi- cated should be listed here. 5. Article 2 Date of Commencement and Substantial Completion The following items should be included as appropriate Paragraph 2.1 The date of commencement of the Work should be inserted if it differs from the date of the Agreement It should not be earlier than the date of execution (signing) of the Contract. Enter either the specific date of commencement of the Work, or if a notice to pro- ceed is to be used, enter the sentence, "The date at commencement shall be stipulated by the notice to proceed When time of per- formance is to be strictly enforced, the statement of starting time should be carefully weighed Paragraph 2.2. The time within which Substantial Completion of the Work is to be achieved may be expressed as a number of days (preferably calendar days) or as a specified date. Any requirements for earlier Substantial Completion of portions of the Work should be entered here if not specified elsewhere in the Contract Documents. Also insert any provisions for liquidated damages relating to failure to complete on time Liquidated damages are not a penalty to be inflicted on the Contractor, but must bear an actual and reasonably estimable relationship to the Owner's loss if construction is not completed on time If liquidated damages are to be assessed because delayed construction will result in actual loss to the Owner, the amount of damages due for each day lost should be entered in the Supplementary Conditions or the Agreement Factors such as confidentiality or the need to inform Subcontractors about the amount of liquidated damages will help determine the choice of location The provision for liquidated damages, which should be carefully reviewed or drafted by the Owner's attorney, may be as follows The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete Dollars For further information on liquidated damages, penalties and bonus provisions, see AIA Document A511, Guide for Supplementary Conditions, Paragraph 9 11. 6. Article 3— Contract Sum Paragraph 3.1 Enter the Contract Sum payable to the Contractor Paragraph 3.2 Identify any alternates described in the Contract Documents and accepted by the Owner. If decisions on alternates are to be made subsequent to execution of A107, attach a schedule showing the amount of each alternate and the date until which that amount is valid INSTRUCTION SHEET FOR AIA DOCUMENT A107 1987 EDITION AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 3 7. Article 4— Progress Payments Paragraph 4.1 Insert the time covered by each Application for Payment, if it differs from the one stated, and provision for retainage, if any Paragraph 4.2 Enter any agreed upon interest rate due on overdue payments. 8. Article 6 Enumeration of Contract Documents A detailed enumeration of all Contract Documents must be made in this article. 9. Article 21 —Other Conditions or Provisions D. EXECUTION OF THE AGREEMENT Paragraph 3.3 Enter any unit prices, cash allowances or cash contingency allowances. If unit prices are not covered in greater detail elsewhere in the Contract Documents, the following provision for unit prices is suggested. The unit prices listed below shall determine the value of extra Work or changes in the Work, as applicable They shall be con- sidered complete and shall include all material and equipment, labor, installation costs, overhead and profit. Unit pries shall be used uniformly for additions or deductions. Specific allowances for overhead and profit on Change Orders may be included under this paragraph to forestall disputes over future Change Order costs If minor additions or changes are desired, they may be inserted in this article once the Contractor has been selected If changes are to be shown to prospective bidders or are extensive in scope, they should be done by drafting a separate Supplementary Conditions document, similar in format to that described in AIA Document A511, Guide for Supplementary Conditions Each person executing the Agreement should indicate the capacity in which they are acting (i e president, secretary, partner, etc.) and the authority under which they are executing the Agreement Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. INSTRUCTION SHEET FOR AIA DOCUMENT A107 1987 EDITION AIA© THE AMERICAN 4 INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W WASHINGTON, D C 20006 0