12-10-1990
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Agenda/C
12-10-90
007/
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AGENDA
Community Redevelopment Agency
December 10, 1990
1:00 P.M.
I. Call to order
II. Approval of Minutes of
10/29/90
III. C.0.#2 to the Cleveland Street
Sidewalk Replacement Contract
increasing the amount by
$24,976.00 for a new total
$375,123.25, increasing the
contract time by 150 days and
amend the CRA budget to
include the additional funding
for the p."oject
IV. Amendment of contract with'
Hunter Interests, Inc., to
include conceptual planning
work and fiscal/financial
analyses for a not to exceed
amount of $74,000., increasing
the contract from $33,800. to
$107,800. and amend eRA budget
to include the additional
appropriation of funding to
the project.
v. Contract for the Cleveland
Street Minipark Construction
to Opus South Corp., for
$204,880.00
VI. Adjournment
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IIJ ~
COMMUNITY REDEVELOPMENT AGENCY
Agenda Cover Memorandum
Meeting Date 12-10.90
~~cr: Change Order No. 2 to the Cleveland Street Sidewalk Replacement (Downtown)
Contract 87-36
RECMfEHOATION/f<<JTIOlf: Approve Change Order No. 2 to the Cleveland Street Sidewalk
Replacement (Downtown) Contract 87-36 with L. G. Couch Construction, Inc.,
increasing the contract amount by $24,976.00, to a new total of $375,123.25,
increasing the contract time by 150 days, and amend the eRA budget to include the
additional funding for the project.
CXJ And that the appropriate official be authorized to execute same.
BACKGROUND: The Cleveland Street Sidewalk Replacement project is nearing
completion. Authorization is required for minor changes for existing items and
for one new item.
An increase in Item No.3, Facing Brick, is to adjust this item to the quantity
actually used in construction. An increase in Item No.4, Curb Replacement, is
needed to replace curb along the work area. The existing curb in the downtown
area is extremely fragile and it is difficult to work adjacent to the curb without
destroying it. The initial anticipated contract quantity of this pay item is now
insuf f icient to account for the quantity actually required. Because we anticipate
an overestimation of Brick Pavers (Pay Item No.1), this quantity is being reduced
by this Change Order.
New Item No. 19 is for the construction of wheelchair ramps on the northwest and
southwest corners of the intersection of Cleveland Street and Ft. Harrison Avenue.
This intersection is unique in that there is an excessive grade separation between
the street and the sidewalk. This requires an unusual stepped arrangement to
accommodate the drop. Wheelchair ramp specifications call for a maximum slope of
12 to 1, which in this case requires 14 ft. ramps directly in front of existing
stores and their doorways. While the Florida Administrative Code requires that
wheelchair ramps be installed at intersections whenever sidewalks are constructed
or reconstructed, in this case wheelchair ramps could not reasonably be
incorporated in the original plans because of the building entrances that then
existed on these two corners. The business interest on the southwest corner has
since relocated its entrance from Cleveland Street to Ft. Harrison. This
continued -
Reviewed by: ~ Originating DePt1i~ Costs: +$24,976.00 Commission Action
Legal ~c Works/Engineering (Current FY)+$24,976.00 Approved
J3.!> Approved
Budget User Dept. Funding Source:
w/conditions _____
Purchasing N/A Capt. I~. X
Denied
Risk Mgmt. N/A Advertised: Operating
Cont I d to
DIS N/A Date: Other
ACM 0. i~.~L Paper:
Appropriation Code(s) Attarhl1Pnts:
Other Not required N/A
315-1-2328
.~;(~i Affected parties
not if ied
City ffiinageE=-7 "---. Not required N/A
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Agenda Memo Page 2 - continued
Change Order No. 2 to the Cleveland Street Sidewalk Replacement (Downtown)
Contract 87-36
reconfiguration will now allow the construction of the wheelchair ramps. The
business on the northwest corner has closed and a fresh approach to the design for
this wheelchair ramp has yielded a workable plan. In any case, the construction
of wheelchair ramps at this intersection requires extensive rework of 'the two
corners involved due to the large elevation difference between the street and the
existing sidewalk.
Additional contract time is needed to adjust and compensate for unanticipated
delays to the contractor due to installation of irrigation lines, electrical
conduit, and water facilities that were not within the contractor's control.
There is also a time extension to allow the construction of the wheelchair ramps
added to the contract by this change order. No time will be charged to the
contractor for days when he is unable to work because of a City requirement.
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COMMUNITY REDEVELOP~ffiNT AGENCY
Agenda Cover Memorandum
Ilem .. -J \I.
/llJ/~v
Meeting Date:
-
II
Subject: Amendment of Contract for Downtown f'.1arket Assessment \'lith Hunter Interests, Inc.
-
Recommendation/Motion: .
Authorize the Amendment of the contract wlth Hunter Interests,
Inc. to include conceptual planning work and fiscal/financial
anal;ses in the amount not to exceed $74,000 increasing the
contract from $33,800 to $107,800, and amend the eRA budget to
include the addition~l appropriation of fundinq.~o the project..
[Xl and that tne appropnate OTTlClalS oe autnonzeo to execute same.
. BACKGROUND:
The first product from the Downtown Market Assessment being done
for the Community Redevelopment Agency by Hunter Interests, Inc.,
has been completGd. This document, a Technical Memorandum,
specifically deals with an analysis of the downtown retail market.
It is a specialized report designed to send to prospective retail
developers and tenants who might want to learn more about
Clearwater's downtown market potential. In tone and content, this
report closely resembles a study that a developer or retailer might
themselves commission.
The analysis focuses upon net new demand rather tnan transfer rates
to define market capture. This is a rather conservative approach
made even more conservative by the consultant's decision to not
incorporate in the demand equation the sizeable tourist and
seasonal market. Even with this approach, the Technical Memorandum
concludes that downtown Clearwater can support an upscale retail
project ranging from 200,000 to 250,000 squar~ feet, which is
comparable in size to Old Hyde Park in Tampa.
The Technical Memorandum
multi-phased development
private office towers,
residential units.
deals with what would be phase one of a
which could eventually include public-
a conference center hotel and condo-
The first phase shopping complex is envisioned as entertainment
themed and could include a 5-9 screen cinema complex, 2-4 theme
restauran ts with some enterta inment aspects like a sports bar I
night club or comedy cafe.
Continued
Next Page
Reviewed by:
Legal N/ A
Budget IdD
Purchasing N / A
Risk Mgmt. N / A
DIS N / A
ACM
Other
Originating Dept.:~ Costs:
Economic Develo~m~n
$74,000
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Date:
S . db. Paper:
ubmltte y. ~ Not required
---L:) .--->>1 -L1. Affected parties
- LI- fl. ~ t&~__ [J Notified
City Manager -- - 0 Not required
"
Advertised:
$74,000
Current FY
Funding Source:
o Capt. Imp.
o Operating
o Other
Attachments:
Feasibility Analysis Cost
Estimates
User Dept.:
Economic Developmen
Appropriation Code:
188-7000-301/552
o None
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Page 2. Amendment of Contract for Downtown Market Assessment
Given the very favorable numbers found in the Technical Memorandum,
staff feels that it would be advantageous to proceed to the next
stages of the development program as quickly as possible. With a
positive retail market analysis in hand, the next two steps are to
commission a conceptual design and a financial and fiscal impact
analysis. This work will prepare staff to deal with all normal
feasibility questions relevant to site requirements, development
plans, phasing, developer's debt and equity investment, public
sector financial participation requirements, employment and tax
benefits and the net cost/benefit to the city at any point in time
during the first ten years of project life.
The Conceptual Planning work encompasses the following elements:
Presentation Graphics -- rendered site plans and perspective
drawings.
Site Analysis access, parking utilities and other
functional questions.
The Financial Analysis and Fiscal Impact includes:
Financial Analysis -- capital and operating cost estimates for
the project; overall project proforma; ten year cash flow;
supportable private investment levels for debt and equity;
and, definition of any capital funding gaps.
Fiscal Impact Analysis -- revenue production to the city from
tax flows of all types, fees, licenses, land acquisition or
lease payments and other revenue flows.
The estimated cost for this work is $74,000 including a $10,000
contingency. Work details are listed on the attached sheet. Staff
recommends that the CRA amend the contract with Hunter Interest,
Inc., to authorize the firm to accomplish the necessary conceptual
and financial analyses.
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FEASIBILITY ANALYSIS COST ESTIMATES
~once2.tual ~es i~.
Cost
1 .
2.
3.
4.
5.
6.
7 .
Establish Building Program
Site Analysis
Alternative Site and Development Concepts
Illustrative Site Plan
Image Study (perspective Rendering)
Capital Cost Estimates
Operating Cost Estimates
Subtotal
$ 3,000 *
5,000 *
11,000
5,000
2,000
6,000
2,000
$34,000
Financial Analysis
8. Prepare Cash Flow Model
(5 use types..independent profit centers)
9. Estimate Input Data - Debug Model
10. Run Base Financial Analyses
ll. Run 3-4 Sensitivity Analyses
l2. Prepare Technical Memo
Subtotal
$ 3,000
2,000 *
3,000
7,000 *
4,000
$[9;"000
Fiscal ImQact Anal~sis
13. Prepar~d Analysis Structure
14. Collect Tax Rate/Collection Data
15. Confirm Data/Interviews
16. Conduct Fiscal Impact Calculations
l7. Prepare Technical Memo
Subtotal
$ 2,000
2,000
1,000 *
3,000
3,000
$11,000
$64,000
$10,000
TOTAL
CONTINGENCY
*
Assumes city staff assistance with certain data collection,
interviewing and administrative support.
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Community Redevelopment Agency
Agenda Cover Memorandum
Item * V.
Meeting Date: 12/10/90
:
CLEVELAND STREET MINIPARK
RecolllDendat ion/Mot i on: AWARD A CONTRACT FOR THE CLEVELAND STREET MINIPARK CONSTRUCTION TO OPUS SOUTH CORPORATION
IN THE AMOUNT OF $204,880 IN COMPLIANCE WITH CODE SECTION 42-23 (5), Impractical to bid,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: A budget of $300,000 funded by the Conroonity Redevelopment Agency is established in Project Code 315-1-3240
for the design and construction of the Cleveland Street Minipark. On July 30, 1990, the CRA approved the expenditure of $9,850
for the preparation of design, development and construction documents leaving a balance of $290,150. This first phase of the
work has been completed by Opus South Corporation through Mas One, ltd. Further, on September 4, 1990, the CRA approved the
conceptual site plan for the minipark.
Opus South Corporation is recommended as a sole source for the construction phase of the minipark for several reasons. First,
the finm is performing similar work for two other adjacent properties. First Florida Bank and the new Clearwater Tower Building.
Second, work on the City park crosses different property lines and efforts need to be coordinated to assure minimal or no
conflicts. Third, the finn is well qualified and, as mentioned previously, it is also the firm that prepared the design,
development and construction documents.
Opus South Corporation advertised the project for bids (see attached), but because of the small size of some the elements within
the project, fewer than expected bidders responded. The "bid summary" sheet (attached) itemizes subcontractor bids where they
could be obtained for elements including fountains, concrete pavers, landscape and irrigation, site work and utilities.
electrical, and furniture (tables and bench seats). The "construction budget" sheet (attached) shows all costs for the project
including allowances for such items as fill dirt, trash containers and others which were not included in the subcontractor bids.
This total cost of $204,880 includes a fee to Opus South. estimated to be $18,625, which will be payable at 10 percent of all
project costs. In return, Opus South will provide contract management and will supervise the work of all subcontractors. The
firm will also satisfy all City insurance requirements.
All money spent by the City in accord with this contract will be for work performed only on the City owned property.
Note is made that the furniture (tables and bench seats) included in these bids are constructed of steel with plastic coating.
However, other optional materials (wood and concrete) will be discussed at the CRA meeting and substitutions could be made if
desired.
The available balance in this project (315-1-3240) is sufficient to provide funds for this contract.
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt
DIS
ACM
Other
Originating Dept:
Parks & Recreation
Costs:.-J204 ,880
Total
COmmission Action:
X- Approved ttS tlh1e.h&e~
___ Approved w/conditions
Denied
Continued to:
User Dept:
SulDjtted by:
Adverti sed:
Date: 11/15, 16 & 19/90
Paper: St. Pete Times
___ Not Required
Affected Parties
Notified
___ Not Required
Current FY
Funding Source:
~ Capital Imp.
___ Operating
Other
Appropriation Code:
AttactmEnts:
1. Advertisement For Bids
2. Bid Sunmary
3. Construction Budget
4. Contract
315-1-3240
None
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903170751
In the
wa. publlshed In said newspaper In the Issues of
Court
November 15,16,19,
1990
. I.
. ADVERTa:-NT"~ \
Seelecl PlOCIOM16 wi! be re-
eelved by !he'~ IoUIh
CorpOration, tor ..... con-
s'ructlon and land~, ~
the Cleve'-ncl Street Pwtt
Mtd o.lrwa'" Toww untl
1:30 p.m. on Tunday, Ho-
"ember 27. lttO..
Copffl c( fhe conrr.c:t 6ocu-
tr'ef'II, and planS ..... ly.Re-
.... lor ImPect Ion by lI'l'Ct-
,pl<:lIv. bidders. ., 1M
. ()PUs South Conlor.,1on fIf'd
officI aoe.l", al "" eorner
01 l.ur. and H.ndrlt:kl
5'r..' In CI..rwa'.r.
Drawlno' w. be av.11IbIe
,or '1Y1ew from .:00 a.m. to
':(lO p.m" HovernIMr 15, 1990
unl. one My prtor to IN
bid dlle. DrawlnD' Ind
~tnal", can be "".
cf18&ed Jot au-co Dtr ....
The con.INCtIon =
will provide Ihe ..n rll
building .....mll. Iv on.
treelOf' .... .-cure .. elMr
Ptrmll. requlrtd 'Of' IhI
pro.,.r ...cullon of thl
..ort.. ". CIty of 0MwwI- .
'" wll wllve .. PCInnIf ....
lor Ih. CI.v,land Slr..I
p.n only.
lhe won conal,,. of 1M toI. '
aowlner. .
~Illon end ramov-' of
4Ulflet1 "',,,''' Ind concret.,
1:0n'trucllon of coner.I.
~11pn& and Peda, IN'
conry ltfld brldt w.IIa, UIl.
. ~ .tonn ..w ",.It(
.'IInet. etectr~ MMtIce lMld
lIohllno. C:OIKl"" ..-y.n,
. fount.r" equipment, land'
~ end,lrrkM'lon.
, ~.. corrl~ IhouId
~ ..., 10:
,0PIn SOUlh CorPerallon
, ~50 W. C:VPC'''' 51.. SulI.
roo '
'!!,.O. lox 21)27
"lImN. Ftorldl 33422-1)27
~'1)) m.:uog
""enllon: o.org.e Smllll
'(toJl707SU 11115. l6. If
ST. PETERSBURG TIMES
STATE OF FLORIDA } S.S.
COUNTY OF PINELLAS
Published Dally
St. Petersburg, Pinellaa County, Florida
Before the undersigned authority ~ersonally appeared A. Re ide r
who on oath .ay. that he 1.--1& gal C 1 e r k
of the Clearw'a ter Times
. dally newspaper published at St. Petersburg, In Plnellas C,ounty, Florida: that
the attached copy of ad'{ettlsemPllt belnR" Le gal Not ~ c e
In the matter RE: AC1vert1sement for B~ds
Affiant further say. the aaM C 1 ear wa t e r Tim e s
is a newspaper published at St. Petersburg, in said Pinenas County, Florida, and
that the said newspaper baa heretofore been continuously published in said
Pinellas County, Florida, each day and has been entered as second cla.u mall
matter al the post office in St. Petersburg, in said Plnellas County, Florida, for a
pGriod of one year next preceding the first publication of the attached copy of
advertllement, and affiant further lays that he has neither paid nor promised
any penon, firm, or corporation any discount, rebate, commission or refund for
the purpose oj, securing this advertisement for publication in the said
newlpaper. p. ~
Sworn to and subscribed before
me this 19 th day of
~~.z~~)~~
~ lary Ie
Rotary f'o'tf.Jt. ~ ~ flo~a 31 L~rQt!
My commission expires .. ~sioQ E1~ ~ l.. Hm
19 _
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CLEVELAND STREET PARK
Bid Summary
....
'..
1. Fountains
Fred Richert Company $ 32,450.00
Auto Flow 32,996.68
Delta Fountains, Inc. 44,631.29
Architectural Fountains, Inc. No Bid
2. Concrete Pavers
Couch Paver Installers $ 33,435.00 ·
A-l Stripe 'n Park 42,900.00
Coastal Contracting No Bid
3. Landscape and Irrigation
Landscape Technologies, Inc. $ 31,779.55
Earthworks Not broken doWn
Thompson Tropicals No Bid
4. Sitework and Utilities
Wells Land Development $ 19,468.00
5. Electrical
Interlock Electric, Inc. $ 14,150.00
6. Furpiture
Contact Connection $ 3,807.00
\
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CLEVELAND STREET PARK
Construction Budget
.,.
OPUS SOUTH CORPORATION
r;'
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$ 8,000
600
1,000
10,868
800
14,150
2,800
4,200
33,435
23,325
7,340
32,450
31,780
500
3,807
600
3,200
2,400
5.000
186,255
18.625
$ 204,880
. .
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H E
A ME I I CAN
INS TIT UTE
o F
ARCHITECT~
.
AlA Document Al J 7
Abbreviated Form of Agreement
Between Owner and Contractor
for
CONSTRUCTION PROJECTS OF LIMITED SCOPE
wbere the basis of payment is tbe
COST OF THE WORK PLUS A FEE
u'itb or witbout a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ArrORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR A-fODIFICATJON.
This document includes abbreviated General (:ondiUons and should not be used with other general
conditions. It h2s been approved md endorsed by The: Associated Genef2J Contractors of AmeriC2.
AGREEMENT
made as of the 6th
Nineteen Hundred and Binety
day of
December
in the year of
BETWEEN the Owner:
(Name and addrf!ss)
City of Clearwater
Parka aaj Reerea'i.. >>.par~a.t
10 South Missouri Avenue
Clearwater, Florida
Opus South Corporation
4350 West Cypress St.
Suite 700
Tampa, Florida 33607
Cleveland Street Park
and the Contractor:
(Name and address)
The Project is:
(Name and location)
The Architect is:
(Name and address)
Bloodgood-Sharp-Snlder
The Owner and Contractor agree as set forth below.
Copyright 1979. @1987 by The Americ-.Ul Instimte of Architects, 1735 N~' York Avenue. N.W.. \l'ashington. D.C. 20006. Pan 10M of
this document are derived from AlA Document Al t 1, Standard Form of Agreement Between Owner and Contractor where the b;uL\ of
payment is the Cost oC the Work Plus :1 Fee, copyright @1987 and earlier ~'ears. md AlA Document A101, Cit'~raJ ConditiON of the
Contract Cor Construction. copyright @ 1987 and earlier yeus. Reproduction of the m:nerial herein or sub.suntl~ quoullan of au proyJ.
sions without written permission of the AlA violates the copyright Ja",'s of the United S~les md ",'iII be:' subject to lepl prosecullon
AlA DOCUIIENT A 117 . ABBREVlA TED COST-PLUS OWNER.cONTRACTOR AGREEMEJIo'T . SECOND EDITION. AlA.
~1981 · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE. N.~'.. WASHINGTON, D.C. 20006
WARNING: Unlk:ena4ld photocOpyIng vJolates u.s. copyrIgt4 .... 8M Ie IUbfect to IegIlI pnMMICUUon.
A117.1117 1
't
~
ARTICLE 1
THE WORK OF THIS CONTRACT
1.1 The ContraCtor stu11 execule the entire OW ork described in the ContnCt Documents, c:xcc:pt 10 the extent spedfical1y indicated
In the ContnCt Documents to be: the rc:sponslbWry of others, or as follows:
Owner to provide vater tap and main up to aDd including back flow preventer, meter,
and stop valve.
AR11CLE 2
RELATIONSHIP OF THE PARTIES
2.1 1l1e ContraCtor accepts the relationship of tlUSt 2nd confidence cstlblishcd by this A8fecmcnt and COVCtWlts with the Owner
to cooper.ate with the Architect and utilize the Contr:ilCtor's best skill. dfons 2nd judgrrlent in furthering the intereSts of the Owner; to
furnish efficient business admln1str.ltion and supervision; to make best efforts to fUrnish at all times an adequate supply of workers
and IIl2terials; and to perfonn the Work in the best way and most expeditious and economiaJ manner consistent with the interests of
the Owner. The Ownet' agrees to exercise best effortS to enable the ContJ"3Ctor to perfonn the 'Work in the best way and most expedi-
tious manner by fumishin8 and approving in a timely way InfonnatiOn required by the ContraCtor and nuking payments to the Con-
tractor m accordance with the requirements of the ContraCt Documents.
ARTICLE 3
DATE OF COMMENCEMENT NO SUBSTANTIAL COMPLETION
3.1 The cbte of commencement is the date from which the ContraCt Time of Paragraph 3.2 is measured, and sha1I be the dale of
this Agreement, as first written abovc, unless a different date is S12ted below or provision is ITl2de fot' the date to be fixed in 2 notice to
proceed issued by the Owner.
(I,...,., ~ flaW of com~. if t, differs from tlH dIJ" of tbis AsrM'llt"ll or, if IIppllcab/r. sl4l~ tbt:u tlH d41r u'ill br fixld in a notla '0 pt'OCI<<I.)
3.2 Thc ContraCtor shall achieve SubsUntial Completion of the entire Work nOllater th2n
(hIurf ~ CIJI~ dDI, or JQ4"..,. of CQI""'r days aJtrr tblt dati oJ rom~. Also irlMJ't 1m)! reqw,.",.",us lor earliK SubstantUII Cotrtpktion OJ ClWUltn /)Or'
tkms of" Won, if 1101 staled tlsrwbrrr In IN Conlroa Dot:ummts.)
AlA DOCUI1ENT A117 c ABBREVlA TED COST.PLUS OWNER-CONT'RACTOft AGREEMENT · 5!COI'ID EDITION · AlA'
C>1987 · 1lfE AMERICAN lNSTlTUTE OF ARCHITECTS, l?}~ NEW YORK AVENUE, N.W., WASHINGTON, DC. 20006
A117.1M7 2
120 days after the date of commencement.
. subject to adjustmentS of this Contr.lct Timc as provided In the Contract Documents.
(1'IUtIn prm-i.siOns. if drf)'. for liqwidalu ttIam.a8ts rriGti"B to fall...,., to ~ Oft ,.""'.)
AfmCLE ..
CONTRACI' SUM
4.1 The Owner shall plY the Contf2ctor In current funds for the COntr.lC10r's performance of the Contract the Contract Sum con-
sisting of the Cost of the Work 2S dermed In Article 5 2nd the Contr:lC1or's Fee determtned as foDows:
~ II lump SlIm. ~ of Cort of 1M W~ or OtM procu'OIlfor ~nI"8 tlw CorttrfIC'or', hi. find c:cpI4mlloll' tbt ConmxtM'S F~ Is to tit adjustM for
cbtJnBts in 1M Worlt.)
Fee sball be lOt of the cost of the work.
WARNING: UnHcenMd ~ YIoI8tN u.s. copvrtght .... Md IIIUbflM:t eo logIt proeecutIon.
.
. ( .
tions m
Documents
paid by the con
(1rum JP<<IIk ~
GUARANTEED .,..DIUM PRICE (F APPLICA--' ~
1 1bc sum of the Cost of me Work and the ContraCtor's Fee ~ guar:mteed by the ContraCtOr not to exceed
. Dollars (S ), subject to dJ.
uctJons by Change Order as provided in the Contract Documents. Such maximum sum if: n:ferrcd to in th ntract
Guaranteed M2ximwn Price. Costs which would cause the Guaranteed Maximum ~rlce to be: ex shall be
r without reimbu.rsement by the Owner.
CofIIracIor" 10 ~ be 41ft)' ~.)
-
4.2.2 The Guarmteed Maximum Price is based
mems and are hereby accepted by the Owner:
(SI4lr ,. ~ or ~ iIIItttiflaIt.OII oj any <<Upled alln7l4tes,
o"-r ~ ""'10 lw ".... by 1M 0Wnrr III"'''''''' '0 II>> a<<&II'on
tJtIfd ,. III6Ir lItIliJ .incb tJ>>J mrtOfI1IJ Is valid.)
y, which are described in the ConU2ct Docu-
Ma:d1faml Pr'ia " lrumaI In SubpartIgrtIpb 4.Z.I. 1/ d<<Uioru 011I
, IIIUIdJ II ~ oj sucb otbrr' ~ sbofvtng tIw atrfOUtII Jo,. MCb
13 The :mlounts agreed to for unit prices, if any, are:
(Slatr unit prices OftIy if II Guarrmtftd Maximum Pria is irun1ed in SubparagrDpb 4.2./.)
ARTIClE 5
COSTS TO BE IEIMBURSED
5.1 The term "Cost of the Work" shall mean costs necessarily inc:urred by the Contractor in the proper performmce of the Work.
Such costs sh2ll be at rates not higher than the st2ndard paid at the place of the Project except with prior consent of the Owner. The
Cost of the Work shall include only the items set fonh in this Article 5.
5.1.1 W2ges of construction workers directly employed by the ContraCtor to perform the construction of the Work, including
welfare, unemployment compensation. social security and other benefits.
5.1.2 Costs, including transponation, of I1l2terials and equipment incorporated or to be incorpor:ilted in the completed construction.
All discounts for cash or prompt p:lymem shall accrue to the Contractor.
5.1.3 Payments m2de by the Cont~ctor to Subcontractors in accordance with the requirements of the subcontl'2cts.
AlA DOCUMENT A117. ABBREVlA1"ED COST.PLl'S OWNERoCONTRACTOR AGREEMENT. SECOND EDmON. AlAe
C>l987. THE AMERICAN .....-STITUTE OF ARCHITECTS, 1-35 NEW YORK AVENt'E. N.W., WASHINGTON, D.C. 20006
A117-1987 3
. WARNING: Unllcet.-d ~ng vletatH u.s. copyrtght .... - .. fIUtIted to IegeI proeecutIon.
"
. .f . .
1.1.4 Cast of aU materials, tc:mPO~JI'Y bcU1tles, equipment and hmd tools IlO( customarily owned by the constnlCtionworketl,
which are provided by the Contractor at the site and fuJly consumed In the pcrfonnano: of the Work.
1.1.s Reasonable rental costs for ~ry temporary facilities, rnac:hinery. ~mcnt, and hand tools used at the site of the Work,
whether rented from the Contractor or othen.
~.
1.1" That portion d1rect1y auribut2bk to this Contract of premiums for insurance and bonds.
r 1:r. t ~ ~ .f::" ~ .".r ~ ..-;: ..: ~.t' .~:;"1 :r, (":. t :.. ~ '~.t'.l"~ C f >'.: nn:f ....~: . ("'; r.' t. "."" .
.,'. ... ..' (-: Co.. i:'.....'.. ( .-: ..i ,'f r, i .f.':....:~ "'i.. (lC.' Il '; rl....~ ....... .. ;.~..t ;.. .l'~''''' ;';'. '''~.l'';.'' 'f. (,'r;l:r;fl...... .1:C.I'.:.. (. c'. ',., ..... r... '1..-'
!".\.'.\. ........~.\....~:....:.".,.!).~:l............_.,.J.I;(.:....~...t..J.',.~....,:. ...~ l..t:- !. -1.4.:". :'. -,'l.( 1'.('.': ......).1. ('.~.~.
1.'.1 Costs of removal of debris from the sire.
1.1.1 Costs Inc:um:d In t2king acUon to prevent threatened darn:Ige, injury or loss in case of an emergency affcctJng tne safety of
persom :and propeny.
5.1.10 Other costs incurred in the performmcc of the Work If and to the c:xtent approved in advance In writing by the Owner.
(H". hum WfOdlllaJlIofts or IbtdIIIIims 10 ..,.,. oj ",. tIIbow ~"",....)
ARTICLE 8
COSTS NOT TO BE REIMBURSED
1.1 The Cost of the Work sh2ll not include:
6.1.1 Salaries and other compensation of the Contractor's personncI sWioned at the Contractor's prindpal offiCe or offices other
than the site office, except as may be provided in Article 26.
1.1.2 Expenses of the ConU'3ctor's prindpal office and officc:s other th2n the site office.
1.1.3 Overhead and gcncr:a1 cxpcnscs, except as I112Y be expressly lnduded in Article 5.
1.1.4 The Contractor's capital expenses, including interest on the Contractor's c:;pital employed for the Work.
1.1.5 Rental COSts of machinery and equipment. except as spccific:illy provided in Subpar28r2ph 5.1.5.
8.1.1 Except as provided in Par:agr2ph 10.2 of this Agreement, costs due to the bult or negligence of the ConU'3ctor, Subcontrac-
tors, anyone directly or indirectly employed by any of them, or for whose actS any of them ffi2Y be liable, induding, but not limited
to, costs for the correction of d2maged, defective or nonconforming Work, disposaJ and replacement of rrunerWs and equipment
incorrectly ordered or supplied, and making good dam2ge to property not forming part of the Work.
8.1.7 Any cost not spcdfiC2lJy and expressly described in Article 5.
8.1.1 Costs which would ause the Guanntccd M2Xirnum Price, if any, to be exceeded.
ARTIClE 7
DISCOUNTS, FEBATES AND REFUNDS
7.1 Cash discounts obt2ined on payments made by the ContraCtor sh2l1 accrue to the Owner if (1) before m2king the payment,
the Conlr.ictor included them in :m AppliC2tion for Payment and received payment therefor from the Owner,
. Trade
discounts, rebates, refunds :md amounts received from sales of surplus materi21s and equipment sh2IJ :K'cruc to the Owner, and the
Contractor sh2ll make provisions so that they C2Jl be secured.
.n.'~' i :,):H'.l. '. ... t
:~ .; ~:ol. ~.,: ,n .I>.'::-):';'.O:! .t;".t)....~..J..J .t.'...('..l~\.' :4'.".'. ~.O) :,. ..('.f:I.J, {'.f . (;'~,'J.~:-J .'>:\.':J. [.,',.J....-.+;\..,'}..':<...L:...). I.t'. ..IJ.~.. ..l'.,'.' .~',(':~..J. ~..::'.~. l.',c.. ,.~.
All DOCUIIfIn' A117 · ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGRfEMENT . SECOND EDITION. AlA.
~ 1981 · 1lfE AMERJeAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. looo6
WARNING: UnllcenNd ~ng vIotatte u.s. c:opyrtght ....1Ind "MlbieCt to .... proeecuUon.
A117.1987 4
Ovner
7.1 Amounts whJch accrue to the O'emer In accordance with the provisions of Paragraph 7.1 shall be cn:d1ted to the Owner as a
deduction from the Cost of d1c: Work.
1.3 Building penait fee8 sball be vaived.
ART1Q.E .
ACCOUNTING FECORDS
1.1 The ContraCtor sha1J keep full and det2J1ed 3CCOunts and exen::ise such controls as may be necessary for proper financial rrun.
:agement Wlder this ContraCtj the accounting and control systemS shall be satisf2ctory to the Owner. The Owner :and the Owner's
accounWlts shall be afforded access to the Contr:Ktor's records rdating to this Contnct. The Contractor sh2l1 preserve tIlc:se records
for a period of three years after final payment, or ror sucI11onge:r period as may be required by law.
ART1Q.E I
PROGRESS PAYMENTS
Owner
I.' Based upon Applications for Payment submlned to the ~Ifd. by the Conuactor and Certificates for Payment Issued by the
A~1Iidt, the Owner sha1I make progress payments on account of the Contract Sum to the Contractor as provided in the Contr.lct
Documents. The period covered by each Application (or P:aymet1t shall be one c:aJcnd3r month ending on the J2st day of the month,
or as follows:
1.2 P2ynlenrs due and unp:aJd under the Contr.lCt shall bear interest from the date payment is due at the rate sUte<! below, or in
the 2bsence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Irunt an)' rat, 0/ IPUtral Dgned upon. if any.)
Tbe owner sball ~e payments within 30 days of due date.
(Usury "'IUS tmd requinmwrllS undtr IH FftkrQ/ Trulb in Urw:Iin8 Act, slmiUJr slak and loem consu,.,. ~I /QIlOS and olbrr regulations at tlw Ou","'s .ma Corl.
trrICIOf"s pri1rdpIJI pI4us ojl1winm. IH locatiorr of _ ProJ<<t """ elstu~ may afJ<<:llM I IQ/idiry 0{ Ibis J1r'OI'ision. UgaJ adric, sbouJd IN oblaiNd u..llb T'G/NC"D
.wtirnu or modi/lull/OrIS. and ~ ~di"8 nquirrmmIJ sw:b as untml tli-sdosurts or u'tJivtn.) .
ARTICLE 10
FINAL PAYMENT
10.1 Fin2l payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when
(1) the Contract has been fully perfonned by the Contractor except for the Contractor's responsibility to correct nonconfonning
Work and to satisfy other requirements, if any, which necessarily sumve final payment,
.., i:(, ...... ,... ...~.{.~..'.;!..~I~.f.'!-.....t:J:.~.'J.~:I..:.
. '.\... t.t,~t-~"'.i'.."J t. b.'.f. !,'.,.! ,1:,'.~:
10.2 If, subsequent to final payment and at the Owner's request, the Contractor incurs coStS described in Article 5 and not
exduded by Anicle 6 to correct defective or nonconforming Work, tile Owner shall reimburse the Contractor such costs and the
Contl'2ctor's Fee appliClble thereto on the same b2sis as if such costs had been incurred prior to final payment, but not in excess of
the Guaranteed Maximum Price, If any. If the ContDCtor has panidpated in savings as provided in Subparagraph 4.2.1, the amount of
such savin~ sh2ll be recalculated and appropriate credit given to the Owner in determining the net amount t':l be paid by the Owner
to the Contractor.
ARTla.E 11
ENUMERAnON OF CONTRACT DOCUMENTS
11.1 The Contract Documents are listed in Article 12 and, except for ModiflOtions issued after execution of this Agreement, are
enumer2ted as follows:
AlA DOCUtIENT A117. ABBIlEVL\TEO COST-PLUS OWNER-CONTRACTOR AGREEMENT · SECO~l) EDITION. AlA-
ClI987 · THE AMERICAN INsnn.'TE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHL~GTON, D.C. 20006
A117-1987 5
WARNING: UnllcenlMd ~ \lINt.. u.s. ~t ..,. 8nd .. 8Ubtect k) a.g.l proeecutIon.
-'.j '-.:". .,: .},i! '
, .
..
11.1.1 The A8J'eCmCf1l is this executed Abbrevbled Form of Agrec:menl Between Owner and ContraCtor. AlA Documenl ^ 117. 1987
EdJdon.
11.1.2 The Supplementary and other CondJtions of the Contract are those contl1ned in the Project Manual dated November 9. 1
. and are as foUows:
Documeat ndc Paaes
Speci fleat iona
Specification for plaza
and landscaping for Cleveland
Street Park and Cl~arwater Tower
As listed in
subparagraph
11.1.3
DraviuB8
Clevelnad Street Park
As listed in
8ubparagraph
11.1.4
11.1.3 The Specifications :are those: conuined in the Project Manual dated as in Subparagraph 11.1.2, and are as fonows:
(EilIwr list tJw Sp<</liGalions .., Of' "'1" to Q1I e:r:btbit atliJCbed to Ibis AB,'<<f,tmr.)
Secdoa
Title
Pages
"See Attachment A"
Pages I, II, III, IV
.
AlA DOCUMENT ~117. A88ItEV1ATED COST. PLUS OWNER-CONTRACTOR AGREEMf.'''. SECOND EDITION. AJAe
ClI987. THE AMERICAN rNSTlTUTE OF ARCHITECTS, I '35 NEW YORK AVENUE. N.'\l'., WASHINGTON, D.C. 20006
A117-1987 .
WARNING: UnllCleuMd pt.otocopVIng violates u.s. cop,right IMwaInd IaIUbject to .... PR*JCUtion.
. "
, 1. 1A The Dnwtnp an: as (oUowa, and are dated
(BJIkf UsI ",. ~ Iwrr or ,..,., 110 tm CldJIbt.1IIrMbttd 10 Ibis Aa,~.IMIt.)
N..----- 11tIe
, unless a dlffen:nt dale is Stlted below:
Dau
L-:al
L-:-2
L~3
L-:-S
L~6
1.-7
1.-:-8
1.-10
1.-11
E-1
Existing Conditions
Layout Plan
Grading and Drainage Plan
Layout Plan
Plaza CODstruction Details
Plaza CODstruction Details
Landscape Planting Plan
Landscape Details
Diagrammatic Fountain Plan
Cleveland Street Park
Electrical
10/11/90
11/13/90
11/8/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
11.1.1 The Addenda, if any. arc as follows:
Ntnn~
Dale
Paaes
:".
Bone
-
Portions of Addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements are
also enumer2ted in dUs Article 11.
11.1.' Other documenrs, If any. forming pan of the Contract Documents arc as follows:
(Us' "".. .any 1Jdt;b1t0Ml cIoamImU wbicb Qry IlIlmdtJd to form ptzrt 01" Con/rQa Doamtmls.)
Certificate of Insurance and other documents as required by Article 26 hereof.
AlA DOQ.WEJfT An7. ABBREVIATED COST-PLUS OWNER-CONTRACTORAGIU!EMEJ'.rr. SECONDEDmON. AlA-
C>1987. THE AMERlCAN 1NS11TUTE OF ARCHrTECTS. "'5 NEW YORK AVENUE, N.Vt" WASHINGTON. D.C, 20006
A117-1817 7
WARNING: UnUceneed photoCOpytng ~ us. ~ht IlIWa Ind lalUbfect to.... proeecution.
I _
GENERAL CONDITIONS
1
ARTICLE 12
CONTRACT DOCUMENTS
12.1, The ContraCt Documents consist of this Agreement with
Conditions of the Contract (Gcnct2l, Supplcmc:nt2ry and othc:r
CooditJons), Drawings, Spedfic:ttions, addcnd:1 issued prior to
aecution of this Agreement, other documents listed in this
Agreunent and M0dific2tJons Issued after execution of this
Agreunent. The intent of the Con~ Documents is to include
aD items necessary for the proper execution and completion of
the Work by the ContraCtor. The Contract Documents arc
compJcmenrary, and what is required by one shall be as bind-
ing as if ~u1tcd by alli perfOrm2JlCC by the ConWCtor shall be
~ only to the extent consistent with the CoOtr.lCt D0cu-
ments and reasonably inferable from them 2S being necessary
to produce tht intended results.
12.2 lbe Contract Documents shall not be construed to create
a contractu21 rd2tionship of any kind (l) between the Architect
and ContraCtOr, (2) between the Owner and 2 Subcontractor or
Sub-subc:ontr2ctor or (3) between any persons or entities other
than the Owner and Conmctor.
12.3 Execution of the Conmct by the Contractor is a
. repn:sent2tion th2t the Contractor h2s visited the site and
become familiar with the local conditio~ under which the
Work is to be perfonncd.
12.4 The term "'Work" mC2llS the construction and services
required by the ContraCt Documents, whether completed or
partially completed, and indudes all other labor, Ol2terials,
equipment and services provided or to be provided by the
Contractor to fulfill the: Contr:lCtor's oblig2tions. The Work
m2y constitute the whole or a pan of the Project.
AFma..E13
OWNER
13.1 The Owner shall fumlsh surveys and a Jeg2J description
of the site.
13..2 Except for permits and fees which are the responsibility
of the Contractor under the ContraCt Documents, the Owner
shall secure md pay for nccess:uy approvals, easements,
assrssrnents and ch2rges required for the construction, use or
occup:m<''Y of permanent stroctUrC:S or pennanent changes in
cmUng fadlitic:s.
13.3 If the Contractor bils to correct Work whk:h is not in
accorcbnce with the requirements of the Contract Documents
or persistently f2lls to carry out the Work in accordance with
the ContraCt Documents. the Owner, by a written order, fl12Y
order the Contractor to stOp the Work, or any portion thereof,
until the aU5e for such order has been e1irnin2ted; however,
the right of the Owner to stop the Work shall not give rise: to a
duty on the pan of the Owner to exercise this right for the
benefit of me Contractor or any other person or entity.
ARTICLE 14
CONTRACTOR
14.1 The Contractor sh.alJ supervise and dUect the Work, using
the Contractor's best skiD and attention. The Contr2Ctor shall
be solely responsible for and luve control over construction
means, methods, techniques, sequences and procedures.and
for coordinating all portions of the Work under the ContraCt,
unless Contl'2Ct Documents give other sPcctfic instrUCtions
concerning these maners.
14.2 Unless otherwise provided in the Contract Documents,
the ConU2aor shall provide and J>2y for I2bor, rnaterbJs, 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 incorpol'2ted in the Work.
14.3 The Contractor sh21J enforce strict discipline and good
order among the Conmaor's employees and other persons
carrying out the Conmct. The Contr.lctor shall not pennit
employment of unfit persons or persons not skilled in tasks
assigned to them.
14.4 The Conmctor W2rnUlts to the Owner and Architect that
materi2ls and equipment furnished under the Conmct wU1 be
of good qU21ity 2Ild m.'W unless otherwise required or per-
mitted by the Contr:ilCt Documents, that the Work wW be free
from defectS not inherent in the quality required or permined,
and th2t the Work will conroml with the requirements of the
ContnCt Documents. Work not conforming to these require-
ments, inducting substitutions not properly approved and
authorized, may be considered defective. The Contractor's
wamnty exdudes remedy fo~ c:lam28e or defect c:msed by
abuse, modifiations not executed by the Contractor, improper
or insufficient nuinteruancc, improper operation, or nonnaJ
WCU' and tear under norm2l usage. If required by the Architect,
the Contl'2ctor stull furnish satisfactory evidence as to the kind
and quality of materials 2Ild equipment.
14.5 Unless otherwise provided in the Contract Documents,
the Contractor sh2ll pay sales, consumer, use, and other simihr
taxes which are legally en2Cted when bids 2le received or nego-
tbOOns concluded, whether or not yet effective or merdy
scheduled to go into effect, and shall secure ~ ~" the
building permit and other permits and govemmcnt2l f~,
licenses and inspections necessary for proper execution and
completion of the Work.
14.1 The Contractor sh2ll comply with. and give notices
required by laws, ordinances, ruJes, rc:gu!2tions, and bwful
orders of public authorities bearing on performance of the
Work. The Contractor sh2l1 promptly notify the Architect and
Owner if the Drawings and Specifications ate observed by the
ContraCtor to be 2t V2ri2nce therewith.
14.7 The Contractor sh2l.l be responsible to the Owner for the
2CtS and omissions of the Contractor's employees, Subcontl'2C-
tors and their agents and employees, and other persons per-
forming portions of the Work under a COntC2C[ with the
Contractor.
AlA OOCUIEHT A117 . ABBREVlA TED COST.PLUS OWNER-<:ONTRACTOR AGREEMENT. SECOND EDmON · AlA-
~1987. THE AMERICAN INSTITUTE Of ARCHITECTS. 17~5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A117.1t87 I
wARNING: Unleln_d photocop,1ng vIoI8te8 U.S. ~ ... Md II ~ to.... poeecWon.
1..1 The Contractor sh211 revie'(ll.', apTlfO\'e and submit to the
Architect Shop Drawings, ProduCt Dau. Samples and simibr
submittals required by the Contract D....-urnents with rcson-
able promptness. The Work sh2lJ b( in accordance with
..pproved submiltals. When professi<lru) c..-enlficallon of perfor.
mance criteri2 of materUls, systems or equIpment is required by
the ContraCt Documents, the Architect ~ be entitled to rely
upon the: accuracy and completeness of such cenifications.
16.' The Contractor shall keep the premises and surrounding
arc free from accumubtion of waste materials or rubbish
caused lJy operations under the ContraCt. AI completion of the
Work the Cootr2ctor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus :tUtc:rials.
14.10 The ContDctor shall provide the Owner and Architect
access to the Work in prepar2tion and progress wherever
located.
14.11 The Contr.lCtor slu1l pay all roy-alties and license fees;
shall defend suits or cl2ims for infringemolt of patent rights and
stull hold the Owner h2rmlc:ss from loss on account thereof,
bUI sh2ll not be responsible: for such defense or loss when a
particular design, process or product of a particular rrumubc.
turer or manufacrurcrs is required by the Comract Documents
unless the Contractor h2s rc:2SOn to believe that there is an
infringement of patent.
14.12 To the fullesl extent permitted by I2w. the Contractor
shall indemnify and hold 1urmkss the O\J.11er, Architect, Archj.
teet's consull2nts, 2nd agents and employees of any of them
from and against cbims, d.2rruges, losses and expenses, indud-
ing but nor limited to a[tomeys' fees. arising out of or resulting
from perfol'ffi2!lce of the Work, provided ttut such claim, dam-
age. loss or expense is :mributable to bodily injury, sicknC:SS,
dise:':;e or death, or to injury to or destruction of tangible prop-
eny (other th2n the Work itsel1) including loss of use resulting
therefrom, but only to the extent aused in whole or in part by
negligent aCtS or omissions of the ConU'Xtor, a Subcontractor,
:anyone directly or indirectly employed by them or anyone for
whose 2Cts they may be lliIble, reg;uc1kss of whether or not
such cl.aim, d.2m2gc,loss or expense is oused in part by 2 party
indemnified hereunder. Such obligation shall not be constn:ed
(0 negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise: exist as to a pany or person
described in this P-mtgr.iph 14.12.
14.12.1 In cWms against any person or entiry indemnified
under this Par2gI2ph 14.12 by an employee of the Contractor, a
Subcontraclor, anyone directly or indirectly employed by them
or anyone for whose: actS they lJl4Y be liable, the indemnifiCA-
tion obligation under this Paragraph 14.12 sh2ll not be limited
by a limil2tion on :m1ount or type of dam2ges, comper\S;ltion or
benefits ~Y2ble by or for the ContractOr or a Subcontractor
under workers' or workmen's compensation actS, dis2bility
benefit acts or other employee benefit :acts.
14.12.2 The obligations of the Contractor under this Para-
graph 14.12 sh211 not extend [0 the liability of the Architect, the
Architect's consultants, and agents and employees of any of
them arising out of (1) the preparation or approval of 1I12pS,
drawings. opinions, reports, surveys, Change Orders. Con-
struction Clunge Directives, designs or specifications, or (2) the
giving of or the failure [0 give directions or instructions by the
Architect, the Architect's cons ultar1ts , and agents and
employees of 2nY of them provided such giving or f.illure to
give is the prinw'y owe of the injury or damage.
ARTICLE 15
ADMINISTRATION OF THE CONTRACT
Owner
15.1 The
~ill be the 09mer's represenl2tive (1) during construction.
(2) until fU12l payment is due and (3) With the Owner's concur-
rence, from time to time during the correction period described
in Paragraph 23.1.
15.2 The Architect will visit the site 2t intervals appropriate to
the sl2ge of construction to become generally f2mlliar with the
progress and quaJ.iry of the completed Work and to determine
in general if the Work is being perfonned in a fl".?.nner indicat-
ing th.u the Work, when completed, will be in 2CCOrd2nce with
the Contract Documents. However, the Architect will not be
required to nuke exluustive or continuous on-site inspections
to check quality or quantiry of the Work. On the basis of on"
site observ:nions as an architect, the Architect will keep the
Owner informed of progress of the Work and will ende:avor to
guard the O~"fler against defectS and deficiencies in the Work.
15.3 The Architect will not ruwe comrol over or ch:uge of and
will not be responsible for construction means. methods,
techniques, sequences or procedures, or for safety precautions
and progr:uns in connection with the Work. since these are
solely the Contractor's responsibility as provided in PaI2gt2phs
14.1 and 21.1. The Architect will not be responsible for the
Contractor's f.illure to CUTy out the Work in accordance v.ith
the Contract Documents.
Owners
15.4 Based on the ADJiIct' 5 observations and evaluations of
wi ,q-te Contractor's. Applications for PoIymem, the Jl.It2:lKI1HI:XAXlXOwt
~w~ cenify the amounts due the Contractor and ~i1J
issue CertulCiltes for Payment in such amounts.
15.5 The Architect will interpret 2nd decide ffi2tters concern-
ing perforrTlarlce 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 maners in question between the Owner and Contrac-
tor, but will not be liable for results of any interpretations or
decisions rendered in good f2ith.
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. All other dcd-
siqns of the Architect, except those which have been waived
by making or acceptance of final p2yment, sh2ll be subject to
arbitration upon the wrinen detTmld of either party.
15.6 The Architect will have authority to reject Work which
does not conform to the Contract DocumenIS.
15.7. The Architect will review and approve or t2ke other
appropriate :action upon the COntr:ilClOr'S submitl2ls 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 Contact
Documents.
15.1 All claims or disputes petween the Contractor and the
Owner aming out of or relating to the Contract Documents, or
the bl'Cilch thereof, shall be decided by arbitration in accor-
dance with the Construction Industry Arbltl2tion Rules of the
American Arbitration Association currently in effect unless the
parties mutu2l1y agree otherwise and subject to an initial
presenl2tion of the dai.m or dispute to the Architect as required
under Par.Igr:lph 15.5. Notice of the denund for arbitration
shall be filed in writing with the other party to this Agreement
and with the American Arbitration ~tion and sh2lI be
ffi2de within a reason2ble time after the dispute has :arisen. 1bc:
f) A117.1987
AlA DOCUMEHT A 117 . ABBREVlA TED COST-PLUS OWNER-CONTRACTOR AGREEMENT. SECOND EDmON · AlA.
@t98"". THE AMERICAN INSTiTUTE OF ARCHITECTS. 173~ NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006
WARNING: UnllcenMd photocopying vIoIatn U.S. copyrtght laws and I. aa.Jbfect 10 legal proMCUtJon.
, .
award rendered by the arbttralor or arbitrators wD be ftnal,
and judgment may be entered upon It in accord2nce with ap-
pUClbIe law in any coun h2vinglurisd1ction thereof. Excqx by
written consent of the person or entity sought to be joined, no
arbiu:ation arbing out of or relating to the Cont:r.act Documents
shall indude, by consoUd2tJon, Joinder or in any other Jl12MCt',
any person or entity not a party to the Agreement under which
such arbltr:lUon arises, unless it is shown at the time the
demand for arbltr:ltion is fUcd that (1) such person or entity is
substantially involved in a common question of bet or law, (2)
the presence of 5uch person or entity is required if complete
relief is [0 be accorded in the arbtmtion, (3) the interesl or
responsibility of such person or entity in the matter is ncx
insubstantial, and (4) such person or entity is not the ArchiteCt
or any of me Architect's employees or consultants. The agree-
ment herein among the parties to the Agreement and any odlc:r
written agreement to arbJtl2le referred to herein shall be spc:cifi-
cally cnfofCClble under applicable law in any coun h3ving
jurisdtction thereof.
construction and oper.ations with theirs as required by Ihe Con-
tract Documents.
17.3 Costs C2uscd by debys, improperly timed actJvitJes or
defective construction shall be borne: by the party responsible
therefor.
AATICLE ,.
CHANGES IN THE WORK
11.1 The Owner, without invalidating the Contract, may order
ch2nges In the Work consisting of additions, deletions or modi-
flotions, the Guar:uneed Maximum Cost, if any, and the Con-
traCt Time being adjusted accordingly. Such changes In the
Work sh2lJ be authorized by written Ch2nge Order signed by
the Owner, ConU'2Ctor and Architect, or by written Consuuc-
lion Change Directive signed by the Owner and Architect.
18.2 The ConU'.ilct Sum and ConUiilCt Time shall be changed
only by Change Order.
18.3 The cost or credit to the Owner from a change in the
Work shall be determined by mutu2J agreement.
ARTICLE 18
SUBCONTRACTS
ARYIa.E 11
TIME
11.1 A Subcontl':lctor is a person or entity who has a direct
contract with the Contr:lctor to perform a portion of the Work
at the site.
11.2 Unless otherwise sUted in the Contract Documents or the
bidding requirements, the ConU'2ctor, as soon as p13ct:icU>le
after award of the Contr.lCt, shaU furnish in writing to the
Owner through the Architect the n2mCS of the Subcontractors
for each of the prindpal ponions of the Work.. The Contractor
shall not contraCt with any Subcontractor to whom the Owner
or Architect has ITl2de re2SOnab1c and timely objection. The
Conuactor shaU not be required to contract with 2flyone to
whom the Contractor has made reasorulble objection. Con.
tracts between the ConU2Ctor and Subcontractors shall (I)
require each Subcontractor, to the extent of the Work to be
performed by the Subcontractor, to be bound to the Contrac-
tor by the tcnnS of the Contract Documents, and to assume
tOW2fd the Contr2ctor all the obligations and responsibilities
which the Contr:lctor, by the Contract Documents, assumes
tOW2td 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.
19.1 Time limits sUted 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 rosonable period
for perfonning the Work.
19.2 The date of SubSWlti:ll Completion is the date certified
by the Architect in X'Corcbnce with ParagI':lph 20.3.
19:3 If the Contr.lctor is debyed at any time in progress of the
Work by dunges ordered in the Work, by boor disputes, fire,
uousU2.1 deby in deliveries, abnormal adverse we2ther condi-
tions not reasorubly antidpauble, Wl2voidable C'2SwJties or
any CilUSCS beyond the Contractor's control. or by other causes
which the Architect determines auy justify delay, then the
Contract Time shall be extended by Chmge Order for such
reasolUble time ;LS the Architect may detennine.
ARTICLE 20'
PAYMENTS AND COMPLETION
ARTICLE 17
CONSTRUCTION BY OWNER OR
BY SEPARATE CONTRACTORS
20.1 Payments sh2ll be made as provided in Anicles 9 ~ 10
of this Agreement.
20.2 P:ayments may be withheld on account of (1) defective
Work not remedied, (2) cl2ims filed by third parties, (3) failure
of the Contractor to make payments properly to Subcontr:lC-
tors or for boor, materials or equipment, (4) re2SOnabIe
evidence that the Work cannot be completed for the Wlpaid
balance of the GU2l'aJlteed M2ximwn Price, if any, (5) c:bm:JBe
to the Owner or another contractor, (6) rtaSOnWle evidence
that the Work will not be completed within the ConlJ':lCt Time
an<1 that the unpaid balance of the Guar.mteed Maximum Price,
if any, would not be adeqU2te to cover actual or Uquicbted
damages for the anticipated deby, or (7) persistent fa.i.lure to
carry out the Work in accordance with me Contract
Documents.
20.3 When the ^,Mt&a~~' the Work is substantially
complete, the Architect will issue a CcrtiflClte of Substantial
Completion.
17.1 The Owner reserves the right to perform constnJction or
operations rdated to the Project with me Owner's own forces,
and to aw;ud separate contncts in conncctk>n with other por-
tions of rbe Project or other constrUction or operations on the
site under conditions of the contr2Ct identical or substantially
similar to these, including those: portions rdatcd to insur2nce
and waiver of subro~tion. If the Contractor cbims th2t dd2y
or adclltional cost is involved bcc2use of such action by the
Owner, the Cont13ctor shall make such claim as provided else.
where in the Contr.act Documents.
17.2 The Contr:lctor shall afford the Owner and separate con.
tr.actors reasoruble opponuniry for the introductiOn and stor-
age of their materials and equipment and perforrrumcc of their
activities, and shall connect and coordin2te the ContraCtor's
AlA DOCUIEHT At17. ABBREVIATED COST.PlUS OWNER-cONTRACTOR AGREEMENT. SECONDEOITION. AlA.
~ 1987 · THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N,W., WASHINGTON. D.C. 20006
A117.1987 10
WARNING: UnIk::enMd ~ ~ u.s. copyright -..Ind Is aubfect to IogaI proetCUtk)n.
. .
20.4 Final payment shaU not become due until the Contr.JCtor
has delivered to the Owner a complete reJasc of all liens arWng
out of this Contract or receipts in full covering all boor, mate.
rials :and equipment for which a lien could be rued. or a bond
satisf2ctory to the Owner to indemnify the Owner against such
lien. If such Uen rem2ins unsatisfied after p2yments are rmde,
the Contl'2ctor sh21J refund to the ~r all money the Owner
nuy be compelled to pay in d.i.sdwging such lien, Including all
costs and reasonable attorneys' f~.
20.5 The trulking of final p2ymcnt shall constitute a waiver of
cbims by the Owner except those arising from:
.1 Uens, c1a1ms, security interests or encumbrances aris-
ing out of the Contl'2ct and unsettled;
.2 bilure of the Work to comply with the requirements
of the ConU2Ct Documents; or
.3 tenns of special v.rarrmtics required by the Contr:ilct
Documents.
AcceptanCe of fin2J payment by the Contractor, a Subconu:ac-
tor or rruterial supplier shall constitute a waiver of claims by
th2t payee except those previously made in writing and identi-
fied by that payee as unsettled at the time of final Application
for Payment.
ARTla.E 21
PROTEcnON OF PERSONS AND PROPERTY
21.1 lbe Contractor sh2l1 be responsible for Initiating, rruUn-
taining, and supervising 211 safety prc:ClutiOns and progr.uns In
connection with the performance of the COntl'2ct. The Con-
tractor shall take rC2S0nable prec:rutions for safety of, and shall
provide re2SOl12ble protection to prevent d2Jrulge, injury or loss
to:
.1 employees on the Work and other persons who m2Y
be affected thereby;
.2 the Work and I112terials and equipment to be ineor-
pol'2ted therein; and
.3 other propeny at the site or adjacent thereto.
The Contractor shall give notices and comply with applicWle
laws, ordinances, rules, regul2tions and bwful orders of public
authorities bearing on safety of persons and propcny and their
protection from damage, injury or Joss. The Contr2ctor sha1I
promptly n::mcdy dam2ge and loss to propeny at the site
caused in whole or in pan by the Contractor, a Subconlt2Ctor, a
Sub-.subcontractor. or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they lIl2y be liable
and for which the Conlr-lctor is responsible under Subp:u:r
graphs 21.1.2 and 21.1.3, except for damage or loss attribuublc
to acts or omissions of the Owner or Architect or by anyone for
wha5c aCtS either of them tn2y be liable, and not attributable to
the f2uJt or negligen~ oE me Contractor. The foregoing obliga-
tions of the ContraCtor are in addition to the ContraCtor's
obligations under Pangraph 14.12.
21.2 11lc Contr.lctor shall not be required to perform without
consent any Work relating to asbestos or polychlorir12lcd
biphenyl (PCB).
AR11a.E 22
INSURANCE
22.1 The Contractor shall purch2se from and maint2ln in 2
company or companies 12wfully ~uthorized to do business in
the jumdiction in which the Project Is located insw2nce fa
proteaion from claims under workers' or workmen's compen-
sation acts and other employee benefit acts which are applk::a-
bie, daims for d.am2gcs because of bodily injury, indudirlg
death, and from cl2ims for damages, other than to the Work
itself, to propeny which may arise out of or result from the
Contractor's operations under the Conmct, whether such
operations be: by the Contractor or by a Subcontractor or any.
one directly or indirectly employed by :any of them. This lruuJ.
ance shaU be written for not less than limits of lJability specified
in the Contl'2ct Documents or required by bw, whichever (0\'.
erage is greater, and shall include contractual liability insurance
applicable to the Contractor's obligations under ~
14.12. Certificates of such insurance shall be rUed with the
Owner prior to the commencement of the Work.
22.2 The Owner sh2ll be responsible for purchasing and main-
t2ining the Owner's usual1i2blliry Insurance. OpdonalJr, the
Owner may purchase and nuint2in other insurance for sdf-
protection against claims which may arise from operations
under the Contract. The Conuactor shall not be responsible for
purchasing and maintaining this optional Owner's liability
insurance unless specifically required by the ContQCt
Documents. C
ontract:or
22.3 ~I:SK.-dr~ ~ClWch. .,the ~-.u.. shall purchase
and maintain, in a company or companies lawfull)' authorized
to do business In the jurisdiction. in which the Project is
10000ted, property insurance upon the entire Work at the site to
the tun insurable value thereof. This insur.mce shall be on an aD-
risk policy fonn :md sh2ll indude interestS of the Owner, Ihe
Conuxtor. Subcontnctors and Sub-subcontractors In me
Work and shall insure against the perils of ~ and extended
cov~e and physica1loss or damage including, withoul dupli-
otion of coverage, theft, vandalism and mallcious rnischkf.
22.4 A loss insured under Owner's property insurance sh2U be
adjusted with the Owner and made payable to the Owner as
fiduciary for the insureds, as their interests tJl2y appear, subject
to the requirements of any applicable mongagee cbusc.
22.5 The Owner sh.alJ file :ii copy of each policy with the Con-
tractor before an exposure to loss may occur. Each policy shall
con~ a provision Wt the policy will not be can~J.lcd or
allowed to expire until at least 30 days' prior written notice has
been given [0 the Contractor.
22.1 The Owner and Contr:actor waive all rights against c:ach
other and the Architect, Architect's consuJUOts, separ.lte c0n-
tractors described in Article 17, if any, and any of their subcoo-
tractOl'S, sub-subcontr:lCtors, 2geIlts and employees, for dam-
ages caused by fire or other perils to the extent covered ~.
propcny insurance obtained pursuant to this ArticJe 22 or odla
property insurance applicable to the Work, except such rights
as they ID2f have to the proceeds of such insurance held by the
Owner as fiduciary. The Contractor shall require similar
W2ivcrs In favor of the Owner and the Contractor by Subcxn-
tractOrS and Sub-subcontIXtors. The Owner shall require simi-
lar W2iver5 in favor of the Owner and ConUXtor by the .ArdD-
teet., Architect's consultants, separate contractors described in
Article 17, if any. md the subcontractors, sub-subcontractOrS,
agents and employees of any of them.
ARTICLE 23
CORREcnON OF WORK
23,1 The Contractor shall promptly correct Work rejected by
the Architect or failing to confonn to the requirements of the
I
11 A117-1187
AlA DOCUMENT A117. ABBIlEVlATED COST-PLUS OWNER.cONTRACTORAGREEMEtn'. SECOND mmON. AlA-
C>1987 · THE AMERICAN INSTITtn"E Of ARCHITECTS, 1735 NE'\ti i'ORKAVENUE, N.W., WASHINGTON, D.C. 2COO6
WARNING: UnI&c.nMd photac:Opytng vIoIMs U.S. ClOp;TtghI-. and Is cubfect to IltgII proNCUtIon.
. .
. '.
Contract Documents, whether ob5erved before or after S~
5tantiaJ Completion and whether or not fabricated, Ins~ed or
completed, and shall COlTCCt any Work (ound to be nor in
accordance with the rcquiremmlS of the Contr:act Documents
within a period of one year from the d~lte of Substantial C0m-
pletion of the Contract or b)' terms of an applicable spcda1 war-
ramy required by the Conuact Documents. The provisions of
this Anlcle 23 apply to Work done by Subcontr2Ctors as well as
to Work done by direct employees of the Contractor.
23.2 Nothing contained in this Article 23 shall be construed to
estabUsh a period of limiuuon with rcspect to other obligations
which the Contractor might h2ve under the ComnC1 D0cu-
ments. Establishment of the time period of one yeu as described
in Paragnph 23.1 relatcs only to the specific obUgalion of the
Contractor to correct the Work, and has no rc:btionship 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 nuy be commenced to establish the
Contractor's liability with respect to the Contractor's obliga-
tions other than spccifially to correct the Work.
act by the Contractor for acts or failures to act occur-
ring after the date of the fin21 Ccn1ftcate for Paymcft.
ARTICLE 25
TERMINATION OF THE CONTRACT
25.1 If the Architect f2ils to recommend payment for a period
of 30 d2ys through no bull of the ConU'2Ctor, or if the Owner .
fails to make payment thereon for a period of 30 days, the C0n-
tractor may, upon seven additional days' written notice to me
O"rner and the Architect, terminate the Contract and rccovcr
from the Owner payment for all Work executed and for proven
loss with respect to materials, equipment, tools, and construC-
tion equipment and machinery, lnduding I"C:2SOnable overhc:K1,
profit and dam3ges applicable to the Project, provided th2t in
no event shall such payment cause the Guarantccd Maximum
Price to be: exceedca.
25.2 If the Contractor debults or persistently f.UIs or negJeas
to carry out the Work in accordance with the Contract D0cu-
ments or fails to perform a provision of the ContraCt, me
Owner, :mer seven days' written notice to the ContraCtor and
without prejudice to :my other remedy the Owner may h2ve,
may make good such deficiencies and m2Y deduct the cost.
thereof, including compensation for the Architect's scrvia::s
and expenses Ill2de necessary thereby, from the payment then
or thereafter due the Contractor. Alternatively, at the Owner's
option, md upon cenificuion by the Architect that suffidc:nt
cause exists to justify such 2ction, me Owner ~y terminate the
Contract and take possession of the site and of aU materials,
equipment, tools, and construction equipment and machinery
thereon owned by the ContraCtor and may finish the Wort by
wh2tever method the Owner may deem expedient. If the
Ui 11-14.11.1 baWlce of the Contract Sum exceeds costs of finishing
the Work. including compensation for the Architect's, servio:s
and expenses made: necessary thereby, such excess shall be
paid to the ContJ:4lctor, but if such costs exceed such W1paid
balance, the Contractor shall pay the difference to the Owner,
provided Wt in no event shall such payment cause the Guar:m-
teed Maximum Price, if any, to be exceeded.
ARTICLE 24
MISCELLANEOUS PROVISIONS
24.1 The Contract shall be governed by the taw of the place
where the Project is loared.
24.2 As between the Owner and the Contractor, any applica-
ble sutute of Umiutions shall commence to run and any alleged
cause of action sh2lJ be deemed to have accrued:
.1 not later than the date of Substantial Completion for
acts or failures to 2ct occurring prior to the ~levant
dale of Subsuntial Completion;
.2 not later than the cUte of issuance of the firuI Cer-
tificate for Payment for acts or f2ilures to act occurring
subsequent to the relevant date of Subsuntial C0m-
pletion :md prior to issuance of the final Certificate for
Payment; :md
..3 not later than the date of the rc:lcvUlt act or failure to
AlA DOc:UIIENT A117 · AB8REVlA TED COST .PLUS OWNER-cONTRACTOR AGREEMENT · SECOND EDITtON · AlA.
.~ 1987 . THE AMERICAN INSTtTUTE Of ARCHITECTS. 1 ,~~ NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 20006
A117.1987 12
WARNING: lJn5IcefWd photocopytng violates US. copyright ... and .. aubfect to '-liaJ ~
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. .
ARTIa.E 21
OTHER CONDmONS OR PROVISIONS
This Agreement entered into :IS of the d2y and ye2l' first written above.
OWNER
CONTRACTOR
(Signature)
(Signature)
(PriNted name and tille)
(Prin1ed name and tille)
AlA DOCUIIEHT A117 . ABBREVlA TED COST.PLUS OWNER-CONTRACTOR AGREEMENT. SECOND EDmON · AlA.
CH98! . THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
13 A117.1987
WARNING: Unla..-d photocoP/lng vIoIMn u.s. coprrtght a..1lnd Is eubfect to legal pI'08eCUtlon.
6/89
5""~
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Countersigned:
CITY OF CLEARWATER, FLORIDA
1.-
-
Rita Garvey
Mayor-Commdssioner
By:
Ron H. Rabun
City Manager
Approved as to form
and correctness:
Attest:
M. A. Galbraith, Jr.
City Attorney
Cynthia E. Goudeau
City Clerk
"-f.'
.
, .'
~
Other Conditions or Provisions
Any provision of this Contract to the contrary not withstanding this Contractor
shall comply with the following requirements:
A The contractor shall procure and maintain, for the life of this Contract.
Workers' Compensation Insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employers'
Liability with limits meeting all applicable state and federal laws.
B. The contractor shall procure and maintain, for the life of this Contract.
General liability Insurance. This coverage shall be on an "Occurrence" basis.
Coverage shall include Premises and Operations; Independent Contracts; Products
and Completed Operations and Contractual Liability. Coverage shall be no more
restrictive than the latest edition of the Commercial General Liability policies
of the Insurance Services Office (ISO). .
This Policy shall provide coverage for death, bodily injury, personal injury or
property damage that could arise directly or indirectly from the performance of
this Contract.
The minimum limits of coverage shall be $500,000 per Occurrence Combined Single
Limit for Bodily Injury Liability and Property Damage Uability.
C. The contractor shall procure and maintain, for the life of the
Contract! Agreement, Business Automobile Liability Insurance.
The minimum limits of covera~e shall be $500,000 Per Occunence, Combined Single
Limit for Bodily Injury Uabllity and Property Damage Liability. This coverage
shall be an "Any Auto" type policy. Coverage shall be no more restrictive than
the latest edition of the Business Automobile Policies of the Insurance Services
Office (ISO).
Additional Conditions or Provisions are contained on Exhibit "A" attached hereto
and made a part hereof.
Exhibit "A"
D. The Contractor shall procure and maintain for the life of the project Builders'
Risk Insurance. This shall be AIl Risk Coverages, with the limits of insurance
equal to 100% of the complete value of the structure. This policy shall include
a Waiver of Occupancy Cause with a maximum deductible amount of $5,000 per
claim. When the installation of machinery or equipment is included, it must
also be covered by this policy. This pertains to transit and installation.
The City shall be included and identified as an Additional Insured under the
policy/certificate of insurance/required by this paragraph D.
E. In consideration of the sum of $100, the receipt and sufficiency of which is
acknowledged, payable as part of the first payment for services, the CONTRACfOR
agrees to defend, save and hold the City, its agents, assigns and employees,
harmless from all claims or causes of action, including costs and attorney's
fees, and all judgments whatsoever, involving personal injury, bodily injury,
death, or property damage, arising our of any negligent or intentional act or
omission, or the violation of any federal, state or local law or regulations by
the CONTRACTOR, its subcontractors, agents, assigns, invitees or employees in
connection with this CONTRACf.
F. Supplemental Provisions
~..;
1.
The insurance coverages and conditions afforded by this policy shall not be
suspended, voided, canceled or modified accept after thirty (30) days prior
written notice by certified mail return receipt requested has been given to
the City's Risk Management Office.
Certificates of Insurance meeting the specific required insurance
provisions specified within this Contract shall be forwarded to the City's
Risk Management Office and approved prior to the start of any work or the
possession of any City property. After review, the Certificate will be
filed with the City Qerk as a part of the official contract file. .
Receipt and acceptance of a contractor's Certificate of Insurance, or other
similar document does not constitute acceptance or approval of amounts or
types of coverages which may be less than required by this contract or
agreement.
The City may at its option require a copy of the Contractor's Insurance
Policy( s ).
2.
3.
4.
5.
All insurance policies required within this contract shall provide full
covera~e from the first dollar of exposure unless otherwise stipulated. No
deductlbles will be accepted without prior approval for the City
Loss Prevention
6.
Safety and Health Requirements
1. Safe and Healthful Work Environment
It is the CONlRACfOR'S sole duty to provide safe and healthful working
conditions to ilc; employees and those of the City on and about the
site of contract performance. The City assumes no duty for
supervision of the CONTRACfOR.
. , . ' , ~ . ,
. ~ . ' *' '.' , -, '. .~, ,
2. Accident Prevention Program
The CONTRACfOR shall initiate and maintain an accident prevention
program which shall include, but shall not be limited to establishing
and supervising programs for the education and training of employees
in the recognition, avoidance and prevention of unsafe conditions and
acts.
3. First Aid and Medical Care
The CONTRACfOR shall provide first aid services and medical carte to
its employees.
4. Fire Protection and Prevention
The CONTRAcrOR shall develop and maintain an effective fire protection
and prevention program and good housekeeping practices at the site of
contract performance throughout all phases of construction, repair,
alteration or demolition.
s. Protective Equipment
The CONIRAcroR shall require appropriate personal protective equipment
in all operations where this is exposure to hazardous conditions. -
6. Stop Work Orders
The City may order that the work stop if a condition of immediate
danger to City employees, equipment or property damage exists. This
provision shall not shift responsibility or risk of loss for injuries
or damage sustained from the CONTRACfOR to the City, and the
CONTRACfOR shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and property at
the sIte of CONTRACT performance.
7 . Toxic Materials
The CONTRACTOR shall instruct employees required to handle or use
toxic materials or other harmful substances regarding their safe
handling and use, including instruction on the potential hazards
Personal hygiene and required personal protective measures.
The CONTRACTOR shaD inform the City Risk Management Office of any
toxic materials being used which may affect City employees and/or
agencies. Copies of the Material Safety Data Sheet (MSDS) for than
material will be made available to the Risk Management Office
immediately upon request.
8. Compliance with Safety and Health Regulations
The CONTRACTOR shall CODlply with the standards and rej!1lations set
forth by the Occupational Safety and Health Administration (OSHA), the
Florida Department of Labor and Employment Security and all other
appropriate federal, state, local regulations or City safety and
health standards.
9. Protection of Motorists and Pedestrians
The Contractor shall take the necessary precautions to protect
pedestrians and motorists from harm, and to prevent disruptIons of
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such traffic due to construction activity.
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SINGLE PEDESTAL SQUARE TABLE
These versatile tables feature a
rugged square steel center post and
3" 0.0. seat supports. Available in
two popular sizes:
A38381 38" Square Pedestal
Table. . . . . . . . . . . . .. Wgt. 225 Ibs.
A46461 46" Square Pedestal
Table .............. Wgt. 250 Ibs.
f ~~~~~T:~~~E~i'~~:a~c~~~: :::olo~
setting. Table top support is construc-
ted of 4" square tubing. Seat supports
are fabricated from 2" square tubing.
A30301 3D" Square Pedestal Table -
In g r 0 u n d ........... W 9 t. 185 I b s.
A3030B 30" Square Pedestal Table - .\,.U.,;
S LI r f ace M 0 u n t . . . . .. W 9 t. 160 I b s. ,,;
NOTE: See page number 11 for square
pedestal tables with two seats only.
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"' MO" U~"TK'i~:.EER)iSERIES?;{;t~';:~"t~if,:t\(~~ir:;.~Jl...};ui.~~~:~~~~~7~;i~~~~,~>A\~~~f~~~~~ij~~~~;:;1.f~.:,'~::;';';: :.,':,,: i. ';'.":','. .,':': : -. " '
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Model 264.4XR. Clear all heJrt redwood,
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Model 266-6XR Clear all heart redwood.
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concrete tables take care of
themselves while taking care of
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the upkeep you'll ever n( S",\o. 0 b ....'-...
are weather and vandal resis
of ground and polished cone
interlocking frames assure stabIlIty and secunty,
our Me series features enamel painted steel frames
and our TS line is supported by an exposed
aggregate pedestal. Model U-2
is handicap adaptable. Inquire
c" about our free patio design
service.
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o All styles are available in Brown, Grey, Sand or Terra Cotta ground concrete, Grey
tables are provided with Grey interlocking bases. Models in Brown, Sand or Terra
Cotta receive Tan bases. For details consult Pre-Terra table literature,
f)
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~ LRC-38 1000lbs, 66" Dia. x 29%"
Shown in Brown. Seats 8,
, ".\,
~1 LSC.36 1000 Ibs, 64" sq, x 29314"
Shown in Sand, Setlts 8.
.
~) U2.C 600 Ibs. 60" x 22" x 291/2"
Shown in Grey, Seats 2,
L_________,
~J C.3C 550 Ibs. 47" x 47" x 291/2" &V
Shown in Terra Cotta. Seals 3. .
:J LOC-60 1200 Ibs. 72" x 66" x 29314"
Shown in Terrii Colla, Seats 8.
DE~, 7 '90 17:24
FROM OPUS TAMPA
-/ ~.. '.
: . OPUS SOUTH CORPORATION
Ut~luNtt'\~ . DUI~Utn\) · Ur::nLvr~n.o)
4350 We$1 C~$ $11'Itt, Suflt 700
PO 80, ~1317. lampa. FIof'Ca 33622,1327
(8131813.3600 .
FACSIMILE COVER SHEET
"
IKPOI.TAJrr - PLEA.sE BAImLE DtKEDIATlLYI
TO~
L..Ee
S:!.#1<I?~g
COMPANY :
CITY e;F
/2. ~ ;; -- ?Q
CtF~fr/~
1>ATE1
HUMaER OF PACES SENT (INCLUDINC COVER SHEET)
17
PAGE.001
14 &4 lo/to/90
.~(4 ~
********~*****.**********************************+.******************~~
'FRO~I
G/5.(!) ~~13'
Sm/76L"-,
COMPANY: OPus SOUTH CORPOAATION
TELECOPY NO. (813) 873-3604
~
.
We are 8endlng fr~ a automatic ,Pitney Bowea 8100.
If you have trouble receiving. please call (813) 873-3600.
HES SAGE;
()pus Swth and IndePendent AffjliatllS in Tampa' Pens.acola . Millneapolis . Chicago. Phoenix. MilMllAee
Fo~rly Th~ Dyson Campaoy
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T.H E
AMERICAN
NSTITUTE
o F
ARClilTECTS
I
AlA [)(Xu,metlt A117
Abbreviated. Form of 'Agreement
Between Owner and Contractor
for
CONSTRUCTION PROJECTS OF LIMITED SCOPE
where the basis of payment is tbe
COST OF TfIE WORK PLUS A FEE
. .
with, or without a Guaranteed Ma:ximU1n Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCE::S,' CONSULTATION WliH
AN ATTORNEY 1S ENCOURAGED ,"71TH RESPECT iO ITS COA1PLETION OR /vl0DIFICATION.
This document includes abbrevi:lted GCt'ltt",U Conditions and shOuld not bc used with other genenl
conditions. It h2.S been ;pproved and endorsed by The Associ2tcd Gc:nel';l.\ Ccmtractors or America.
AGREEMENT
made as of the 6th
Nineteen Hundred and Ninety
BETWEEN the Owner: ,City of Clearwat.er
(N(Jtn(' and addnrss) 10 South His souri Ave.
Clearwater, Florida
day of
December
in the year of .
-,
and the Contractor:
(Name and addres.t)
OpUB South Corporation
4350 W. Cypress St., Suite 700
Tampa. Florida 33607
The Project is:
(NarM and lQcatirm)
Cleveland Street Park
612 Cleveland Street
Clearwater, Florida
The Architect is:
(Name and add1't'$S)
. IHoodgood-Sharp-Snider
,'.4601' Borth A Street
~Jllj
Tampa, Florida 33609
The Owner and Contractor agree as set forth below.
r-
Copyright 1979. @1987 by The Amerlc:m Im;titutC of Architec.1S. I ;~S Nev.' York Avenue. N.W., W:lSh.ington. O,C. lOOOG. J10ltio~ of
thb document .re derived from AlA D()cum~m ^ J II, Sund:ud Form t)f Agreement )3<(\\'ccn Ov.'ncr jlnd Conlr3ClOf 'IJ,'h~re the: basiS of
oayment is the Cost of lhe Work PJUlI ~ fee. copyright @1987 Zlll e-.ulicr Yc:lr5. AAd AlA Document A201. Gcnct':ll C'.ondiUons of the
<.;ontcacl tor l.,.on.o;truCltVII. \:\)1'>" 1l~l\ \~ 4 ~v7 0&,,": ,,4.& :i". , -." :-.-,:;ovo!,.::..i':lr. ~ [ ~r":' -~._..:..I h.......... ,...~ cllh..,.,nri'.:ll '1l1or:llinn of itJi ofpvi-
~jons ",,'ithout written permission of the AlA vlnl:l.tcs the copyright l;rws of the United States and Will be :!\Jb)ect to lcg:al pro~cutlon.
AlA DOCUMENT A117 · ABBREV]^ TIO COST. PLUS OWNE\{.CONTMCTOR AGREEMEl\'T · SECOND EDITION · AlA"
IS> 1987 .. THE A.'1ERIC.AN lNSTJTUTt OF ARCHITECTS. 173$ NE.W YORK ^VENUE, N'w.. WA.SHINGTQ:'i. D.C, 21')';)06
WAflNING: Un'~sed photocopying vlolnte-a U.S, c~trt \3'm and Is 5U~ to le<J8[ pl'OUe\ltlon.
A117-1987 1
l.....i.;;;..
I
lJEt:
7 '90 17:25
F RUI1 uPUS 1 Hl'lPH
PRGE.003
'l
ART1CU 1
THE WORK OF THIS CONTRACT
1.1 The COntr.1ctor W11 execute the entJ~ WOlk described In the:: Con~ Documents, except to the extent s~ificaUy indicated
in the Contt2ct Documents to be the responsibWty of others, or as follows;
Owner to provide vater tap audmain up to and including back flow preventeTa ~ter,
and stop valve~
~
ARTlCLE 2
RELA TlONSHIP OF THE PARTIES
2.1 The ContraC101 :acceptS the rc.btionship of trwt ,and confick::nce established by this ~ment :and covenants with the Owner
to cooper:ne with the Architect and,utllizc the Conti.lctor's best 5kiU, effortS ane! judgment in furthering the interests of the Owner: to
fuml$h efficient business :ldministr:ltlon :IJld supccvisioo: to make best effortS to furnish at all times an 3deqw.te supply or workers
2nd matcrb1s; and to perform the Work in thc best -w"-y 2nd most expeditious:md economicU mmm:r consistent with the intcrests or
the Owner. The Owner ~ecs to exercise best effort'; to enable the Contrnclor to perform the: Work ~ the best W3Y and most expcdi-
tiOu.c; manner by furnishing AAd 2pproying In .. timely 'W2Y lnfo.tlmtion required b'f the ContnlctOr ;U1d nuking payments to the Con-
tractor in accordance with the requirements of the Contract J~..)(;umrot5.
ARTICLE 3
DATE OF COMMENCEMENT,AND SUBSTANTIAL COMPLETION
3. ~ The cbtc of commencement is the <Ute from which the ContrnCt TimE: of P~gt"2ph 3,2 is m~ured, 2!ld shall be the d2tc of
thi~ Agreemcnt.. :as first written Wove, Wllcss ~ different date is St:lted below or provl,ion is ffi2de for the date to be fiXed In a notice to
proa:cd issued by the O",'ncr,
(In..~~ ttI'f aal~ OJ comrru.'n~.'. 'J U "'))S'.}'"'''' ...,.. _." -J...~.:... .~.._.......:.. f ;'. ,~'-.-."""" ..-- ...... "M .,I,..... ..';1/ "'-.nlfilflVll.." tfin';"'''''' nwv/IIIfIttIJ' .
-
.
3.2 ThE: Contr:.lctor sh:dl achievc Substantial Completion of the entire Work not later than
(/tUfft tbv caJtmdar c/.(JtC' t),. number of c:altmddr days aftp" tbl! daft of commmC'Cl11ctJt, Also in..<:m an)' rtq:UrTfTJ.(mL$/o,. tar/In Substantia[ O""pI,t/on oJ cmain por-
,i01l$ Of tbe W'orlt. if not stalrd cl$tWbert In tbe ConTract DrxummL~,)
*.120 days after the date of commencement.
. subject to adjustments of this Contract Time: itS provided in the Cont~cl DocumentS,
(/1U~t prOc;i$fons. if fM.~', Jor liquidated dtl~ mati/1&IQ /a(/urt to Ct./mplA1tQ Ofl :irrw.)
AR11ClE 4
CONTRACT SUM
4.1 The Owner sh2l1 pay me ContlilctOr in current funds [or the Contractor's performance Of the Contr~ct the: Contract Sum con-
sisting or the Cost of the Work as defined in Article 5 and the CQt'\tractor':; Fc:t: dctermlnc:d 3S foUoW$:
(Stat~ ~ lump sum, P"~~ oj Cost of rb" W'ork 1)1' OI~ J>rol1i..,il)rf l"" (k.trrmlTlSng 11)1{ Cc,nfmct".,..'s F('f'~ and explnin boo: ~ COn/roclor's FrM Is 10 bt odjWf~ for
cba1lgtJ jra eM Work)
"
Fee shall be lOh of the cost of tbe work.
AlA DOCUMEHT A117 . ABeRNIA TED COST.PLUS OWNtik-CO~fTRA<"IOR M;RE.EMENT · SECC>ND EDITION. AJA CI
~1987. THE A....ERlCAN rNSnTUTE OF ARCHITECTS. lHS NEW YORK ^\"f.::'iUE, N,W., W^5HINGTON, D.C. 20006
W^~IHcr. ~ pt\olOCOP'lmg v1~~les U,$, copyright IIMlI and 1$ subi~t to Jt9111 p\"O'tl.teUtlort.
A117-1987 2
"
DEe
7 'SO 17:26
FROl1 0 PUS T H 11 P H
PAGE.004
~
QUARANTEED MAXIMUM PRK:E (IF APPUCA8U)
The swn ot the ~t of the Work and the Contnctor's Fcc is gwranteed by the Cont~(tOr not to cxceed
Dollars (' ). subJect to
tJoll5 an C'ductJons by Change Order as provided in the Contr.lCt Doc\.untnts, Such m:Wmwn sum is reCerred to in th ntna
DocumentS the G\W"atltccd Maximum Pticc:. Co~ts whJch would cause the GlW':Ultccd Maximum Pria: to be ex shall be
paid by the Co C10r without reimbursement by the Owner,
(IttHrt I/'<<Vit proc.'lIIoru CorItr1Idor If 10 parTkipat, In a"y SQ.t.;tf/l.~.)
. Aft _I.
..
~v. which :He described In the Contract Docu.
mcnts 2nd are hereby accepted by the O.....ner:
(Stili' I~ nllmborrl ()f' oilHI' tdlntifil:41ion o/lVlY a.e<<pINJ all't1"rk1lc.,.
(l(btr aJt~/tS ...,... to ~ mlkk ">' tlx ()wnc1-1~qumt tQ lbe f!.\'I!Cutton <lJ
crn4 1M da~ IInll/ !I.'bleb tbal a"l(I~"1 Is valid.)
teed Maxtmum Pri<< is i~ea (n Sub/Jfm:fBml1b <1,2,/. If dmAOtit ()tt
, attach Q scl1eduU 'Of ~~cb 0Ibn' aJlmuuu slKJWff18 tIN QInQ"ttt lor ,.at:b
. .
AlA OOCUMSHT A117 · ^8BREVlATID COliT.PLUS O~'NER'CONTRAG1'OR AGREr;.."'lE'J',"T · SECOND EDITION' ^'^~
~ 1987 · THE M.1cRICAA-tNSTITI"TI OF ARCHlTE(:TS, 17~S NI:::W YORK A\'EI'-1.if.. N,'W.. WASHINGTON. D.C, 2()()()6
WAnNING: Urtllcon&ed p~lo<:opyIng vlolBlp.s U.S. copyright Isws ~nd la s.ut>jtelto logol profle<:UtIO(l.
A117-1987 3
".2.3 The ~ounts agreed to for unii prices, if any. are:
(!relIt "mit prien only if II GUdrtJntcrd Max1mllrn PriCf! 1,( (nsmm in $.u'>rlClragmph 4,1.1) ,
-.
ARl1CLE 5
COSTS TO BE RElMBURSED
,
6.1 The: term "COSt of the Work" sh311 mean costS necessarily incorred by the ConUdctor in the proper perfomuncc of the Work.
Such (;O~ts shall be at nles nQt higher than the l;t2ndard paid ~t the place oC me Projcct e;xcept with prior consent of the Owner. The
Cost of the Wurk shill include only tlle items set fort,h in th.is Anide 5,
5.1.1 Wages of constnlct!oo workers dircctly employed br the Con~(.10t to perform the: con,c;truction of the Work, including
ro'~lr2Ic. unempIO)11)ent compensation, socW security and other benefi~.
5.1.2 COSLS, indutJing tr:mspon:nlon. of rn::ltcri;ds :lnd cquipJi')(:Ot incOfpOlined or to be incorpor.ued in the completed constnl<;lion.
A.lJ di.<<:ountS for cash or prompt p2}'rncnt shall ~c:'rue to the Contractor.
5.1,3 PaymentS made by the Contractor to Subconlr:.1Ctors in ~\:('.on..bncc 'Q.;th the requirements of the subcontt:1Ct5,
Ut. I..
( '~H:' 1 r:c::(
t" k:V11 V...'U:,I Hl'li-'H
PAGE.005
I. '.4 Cost or all rrutcrt.~, temporary bcWtles. equipment and h2nd tools not custom:uily owned b~' the construction workers,
whJch an:: provided by the Contractor at the site 2I1d tully consumed in the performance of the Work.
* &.1.5 Rt::asonablc ('Cow costa fOf neceJS2rf tem bcilitia, mac ,equi ment and hand tools used :at the sit
whether rented from the Contr:actor or otheD. ' '.
ami.
1.1.0 1bat portion c1Lrcctly .tttfbutabJe 10 IhJ. Contrxt oCptemium..1l fot lnslmUlCC:md bonds,
;,
'.tt~'J,\1.OeIeI an~~. not com~ by ~ or od1crwiIc, IUSWned by the Contractor In coMccUon widt the Work. '
"proVklcd they h2ve resulted from caU5C:$ other than the'f.ault or neg1ect of the ContraCtor. ' .',
5.1.8 C~t5 or removal of debris from me site.
5.1.1 Costs incurred in t2king action to prC"t-enl throtened ~, injury or. k>ss in CiISC of an emergency affecting the dety of
persons 2nd property. ' .
5.1.10 Other CO&ts incurred. in the pcrformmcc of the Work If:md to the extent approved in 2dvance In writing by the Owner,
(HrrI tmn1 rncxU/iCIIl101Il or IirnitallOtlS 10 any 0{ ,~ dbot'~ SIu,panlg'r:apb$,)
IAny additional design eosta must be approved in advance by the Owner.
n.,
AR11Cl.E 6
COSTS NOT TO Be REIMBURSED
6.1 The Cost of the Work shall not include:
8.1.1 S~rics and other compensation of the Conu",,1ctor's pcrwnnd s~tiOl1ed at the Cont~ctor's prmdpaJ ofik-e or omces other
than the site offICe, except as Il12Y be pro,,'ided in Article 26.
6.1.2 Expenses of the Contractor's principal office and offices other than the site OffICE:,
-. 6.1.3 Ovcrh~d ~nd gencr:U ~~, except as m:ay be expressly included in Aruc1c 5.
6.1.4 The Contr2ClOr'S capluJ cxpcn..r.es, including interest (In the Contr.lctor's Clpi~ employed for the Work.
6.1.5 Renul costS of machiflc:r)' and equipment, except as spc:dfic:illy provided in Subpmgr2ph 5.1.5.
6.1.1 Except as provided in P~ph 10.2 of this Agreement, costli due to the ~lJlt or negligence of the Contr.lcwt, Subcontrac-
tors, myone dIrectly or indirectly !:mployed by any of them, or for ......hose: ~ctS any of them may be l12ble, inducHng.' but not limited
to, eostS for the correction of dao~ged, defective or noncOnfOffiling Work, dispo~ Zld replacement of rrullCrt;Us omd equipment
incorrectly orden:d or supplied. and making goo<1 ci:umge to property not fonning p:m of the Work.
6.1.7 Any COSl not spcdfiC3ll}' and apressly described in Artide 5.
6.1.8 Costs which would C'aUSC the GlUraOtccd MAAimum Price, if ~1\y, to be exceeded,
ARTICLE 1
DISCOUNTS, REBATES AND REFUNDS,
7.1 Cash discountS obtAined 00 rraymems made by the Ctmt,.A<;tor sh4l.l ~ccrue to the <firTlcr if (1) before milking the payment,
I the Contracwr induded Ihemln an APPUC;ltion tor Payment md rc:cdved. p3 cnt therefor from the Owner. $
., . , . T~dc
di..~ountS, re batcs , refunds and amountS received from s.t\cs of surplus materials 2nd equipment stull accrue 10 the Owner, 2nd the
Contractor Sh;lll make pro....l~ions so ~t they em be 5(:(\lred.
AlA DOCUMENT 10.'17 · ABBREVIATED COST.PLUS OWNJiRoCONTMCTOR AGREEMF.J'w'T · SECOND EDITION · AlA.
~ 1987 · THE AMERlCAN 1~STrrlIT5 OF Mt'HJTECTS, 17~5 NEW YORK A....FJ'.o'UE. N,W.. w.a.5HINGTON, D,C. 2(XX)6
WARNING: Unlletrm-d photoc>>pylng vJolst~ U,S, eopynght illWD or'td ~ wbJeet to le90l pt'OHC\Itkm.
A117..1987 4
. . . .' . I :. ~'. '\ ... ."' ; ; . .....
.,' '- '-
_IV 'I.':" f
· I' f..'.' '.Ir-U=' IMllrM
t-'Hl.:lt:..~~b
7.a Amount.4; which acC:n1t to the Owner in accorc:bnce v.'ith the provisions of P~ph 7,1 stull be credltro to the Owner as ~
dcduct.ion (rom the Cost or the Work.
7.3 Building permit fees shall be wai~8
ACCOUNTlNG AEOOAOS
8.1 The COntl'2ctor ahalJ keep full ;and dctai1ed 2ccounts md ~rc:i5e $uch controls :as nuy be necessary for proper financial ro2l'\-
agcrnem under this Conlr:ilct; the 2CCOunting and control S}~tcms sh:1ll be ~t.i5f:lC\or)' to the o v.-ne r. The Owncr and the Owner's
accountants 5lu1l tx: afforded ac~~ to the Contrae'Or's record.\ rc.bting to this Contt'2ct. The ContIilctor shall preserve these records
for 2 periOd or thn:e years after f1n21 p2ymcnt, or for such longer period as m;lY be required by l:1w.
,..-
Owner
ARTICLE 9
PR~ PAYMENTS
9.1 ~d upon AppUc2tJons for Payment submitted to the~~ by the Cont.r:actor and Certificates for Paytncnt issued by the
X~I~.l(, the Owm:r shall m2kc: progress p;1yment.s on ;tccount of the Contract Sum to the Contractor 2S provided in the Contrdct
Documents. The period covered b,' each AppUt....tion for P;rymcot stull be one calendar month cmilng 00 the bst day of the month,
or as follows:
9.2 Pa)'mcnts'd\Je :and unp:lJd under the ContJ'2et shall beU' Interest from the d:ltc payment is due ~t the ratc St:lteQ below, or in
the: Olbsenec: thereof, 'at the leg.al ~te prev2lling from time to time at the p13cc where the Project L"i 10C0lted.
(In..~ all}' rl2'~ oj '"mrSI fl.8rea1 upon. if at/y.)
Tbe owner shall make payments within 30 days of contractor's 'submittal of application
~C!~npayme~~. .',
(Usury' /au'S and ~uirem(fJ1$ llrldt'f' the F~ T7'Ulb It I L~Id{'lg Acl. lirnff.m sl(JJ~ cuuJ J(UJJ COtISUm.tT CTl'dillrJu)' dHd otbtr r~ldali()tU a/ ~ Oll~'$ dtld Con,
-. tractor's J7ri,."tpaJ pkzc~ o{ lhL<ltJeSS, ,bit loatlton of/Ix PrTJj<<.t dNci e/sewhi:r(" m4j-'ajfoct Ibf: l'Q1idily OJ tbls prol'ISioil, [,r,gr.d cJdL'{'~ s/nu/d Ix ()t1tQI,.~d tt'ltb ~~/ /0
d(:l('lintl.f or mcxlifi'tJJJotlJ. aruJ a.4O Ngardmg n;quif'fft1mlS sucb a.s u'ritICm dtWoJIPW (II' u:rJ/t>tN,)
ARTJa.E 10
ANAL PAYMENT
10.1 Fln:al ~yrnent, constituting the entire unp~d b~t.'e ",f the Contr.tet Swn, sh"u be: p:"'d b)' the O"--ner to the Contr.lctor when
(1) the: Cont~ct has been fully performed by the Contractor except for the Contractor's respon~ll:>llity to com:ct noncoRIonnl.ng
Work 2nd to satisfy othcr requirements. iran)'. \vhIch n~~)' suryjve flfl.4l payment, ~~~~~"](~ld~
~:b~tt~,
10.2 If, subsequent to fmal lY-lymrot and ~t the Owncr's request, the Contr:lctor incurs costs d~t>ed in Article 5 and nOI
e;ltcluded by Article 6 to correct dcfective or nont:onforming Work, the Owncr sh;1l1 reimburse the Contr;(Clor such costs ~nd the
Contractor's Fee appliCOlblc thercto on the same b;1.c;is as if such cost.~ hat! been incurred prior to rmal paymem, 'but not in exc~ of
the Gu.;.lr2ntcx:d Maximum Price, if 3nY. If the Contractor has participated In savings lIS provided in SubIXlr:lgraph 4.2.1, the :unount or
such savings slulllx: ~CJJculatcd and approprirttt credit given to the O;vncr in determining the net amount to be paid by the Owner
to the Contractor,
ARTICLE 11
ENUMERA nON OF CONTRACT DOCUMENTS
11.1 Th~ Contr:lct Documents are listed in Mtidc 12 :l11d, excepl for Modificatiuns issued :dter cXCC\,ltion of this Agreement, arc
cnwneioltcd ~ fuUov.'s:
AlA OO(;UMEHT ^ 1"7 . A88UVLA TEL> COST, PLes ow NI!R-cO:"TAAC'rOR AGR.U:ME:'oI1' · ~P,COND ED1TION · AJ^'"
~1987 . THE AMERlC,v.: lNfiTITUTE OF ARCHITECTS, 173$ t-."EW YORK AVE."WE, N,'\r., WA.')HINGTO:-:. D,(;, 2OCX16
A111-1987 S
WARNIMO: Unl~ ptlQ,~pyi09 vlolaie9 u,s. C(lpYrighllllWS and 10 oubjoct to 1~81 prot.+eWon.
l~
,/
DEC- 7 '90 17:2S
FROM OPUS TAI1PA
PAGE.B0?
11.1.1 TIle Agreement 15 this <<ccutcd Abb.reviated fonn or ~t Between Owner and Cont..ractor, A.1A Document ^ 117. 1987
Edltion.
11.1.2 The Supplcmenary and other Conditions of the Contract arc th~ conlainc:d in the Proj~t Manual dated November 9 t 1990.
. and 2rC as fC')UOW5:
ntlc
~enl
Pages
As listed in
8ubparagrapb
11.1.3
SpecificatioD'
Specification for plaza
and landscaping for Cleveland
Street Park and Clearwater Tower
Draw iDg 8
Cleveland Street Park /'
As listed in
subparagrapb
11.1.4
11.1.3 The spednotiuns 2ft: those CQouined in the Project MAAwl d2tcd as in Subpmgnph 11. 1.2, md are as follows:
(/;;t/1xT li:!t ~bt S/J<<i{fClClIon:; It<rrc or "ef~ lO an t:JdJt'tJ1'( altacbed II) tblt Ag"C\~,}
Section ntk p~
'''See At tacbme.nt Aft
Pages I~ II, III, V,
-.
"
.
"lA DOCUM1Zti1 "117 · ABBR!:VIA TED COST.PLt.:S Ov.-NER,CONTMCTOR AGIlEEMt.....,.. SECOl'o"D EDITION · "J^ a-
01987 · THP, AMERICAN iNSTlrUTF. Of ARCH1TF.CTS. 11~S NF.~' YORK AVEN'tJE. N,W" WASHINGTON. D,C. 20006
WARNIt-Ki: U~ photocopying vlolll\ea U,S, CQPYi 19ht ~ arnllQ GUb~ to Iogal ~.
A117.1987 6
,;
~EC 7 'sa 17:29
FROM OPUS TAMPA
PAGE.008
, unless a dlfrcrcnt date is staled below!
11.1.4 The Orawlnp are as follows. and are dated
ailbn' list IN l>rv~'1"Rf brt'f or rrf'" 10 .n .,dJlbil 1I11adJrd 10 Ibil ~,)
iliumbel' l1dc
1.-1
L..2
L-3
L-S
t...6
L-7
L-8
L...10
L-ll
B-1
Existing Condition.
Layou t Plan
Grading and Drai~age Plan
Layout Plan
Plaza Construction Details
Plaza Construction, Details
,
Landscape Planting Plan
Landscape Details
'Diagrammatic Fountain Plan
Cleveland Street Par~ Electrical
t'~
11.1.5 The Addcn~, if an)', arc as follows:
Nwnber
D:tte
.,
Date
Date
10/11/90
10/13/90
11/8/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
.
hges
Portions of Adck:n~ relatlng to biddJng requiremc11tS :J.rC not part of the Conmct D<x."\.lmcnts unless the bidding requirements are
al.c:o enumerated in th1s Article 11,
t 1.1.8 Other docurn~nts, if any, forming part of the Contract DoC\.un~.nLS arc as follows:
(Ltst MtY any adafllond doaJmmL1 u:btcb nrr inlnld.NJ Iv JCtr"f1I pal'( oj ~ <;ontm:t /)c.Jt~,)
Certificate of Insurance and other documents as required by Artical 26 hereof.
AiA OOCVMENT A111. ABB1t.EVlATEO COST,PLUS OWNER.COl'\"TMCTOR ACRE1?.MENT. SBcONoromOl'l. Al^~
~1987 . THE AMERICAN lNS11TllTE. OF ARC~lTECTS. 1735 NEW YORKAVEN1.rE, N.W" WASHINGTON, D,C, 2f,lO()()
A117..1987 7
WARNING: Unl~ photocopying \.Ic~t~ u.s. ~opyn-uht ~ and Ie ~llo ~~, proo.ocutJon,
: ,.~ .'.. ,', '.' ' ..' ~'l '..,.' ", \' ,"', '~f1.~',." . 'f',' ~ .,., , ~"'." t .....-~'"..fI....._' ....~:...-:..., ~ ' .....,
D~C
7 '90 17:29
F P (I ('lOP U S T H 1'1 PH
PAGE.009
I
GENERAL CONDITIO~S
1
ARTfClE12
CONTRACT DOCUMENTS
12.1 The Contract Documents tonsist of lhJs Agreement with
Condltioro of the Cont~ct (Gener;ll, Supplcmcnury omd other
CondJtlons). Dr.1wUlgs, Spcdflc:nions. addencb issued priOI' to
execution or tl1U Agreement, other dOCWTlcnlS listed in this
^gr~mcnt atld ModlflC':ltions issued after execution of this
Agreement. The Intem of the Cootrxt Doc\1mcntS is to include
all items nC'CdW)' for the proper execution and completion of
the Work by the Cootr~c:tor. The Contnct Documents are
complementary. md what is required by one sluU be 45 bind-
ing as if required by 2l1; pcrform:nlce by the Contr.lctor sh~ be:
required only to the: extent consistent with the Contract Docu-
ments and rC450n2bly infer.1blc from them 2S being necessary
to produce the intende<:i re.c;ults,
12.2 The Contr:lCt Documcnl.~ s~ not tx: construed to create
~ contractu;U re~ti()nship of any kind (1) '[x:m.'een the Architc:ct
and Cont~c:tor, (2) between the Owner md a Sutx:ootr".lctQr or
Sub-subcontr.lctor Of' (3) betwcrn any JXtsOns or entJtles other
than the O",,'ner and Contr.lctor.
12.3 EXec\.lLion of the Contr.ICt br the Contr::;lctor is a
reprcscntdtiot'l t.h2t the Contractor has visited the site and
bccom~ familiu with the 10Cll conditions under which the
Work i.S to be p<:normed.
12.4 The teon "Work" rnc;ms the construction and scrvices
req\.11rco by tilt:: CAlUU'l\.:l ~uu":IJi.", "'~I~JI'w1 \"VHW:~.~J VA
panWly oomplc:tcd, and includes :;ill ottler laoor, rrultcrials,
equipment and services prmidcd Or to be provided by the
Contractor to fulfill the COl1lnctoc's oblig4tions, The W(Jrk
, IIl3Y constitute the whole 1.1r a pan of the Project.
-.
ARTICLE 1.3
OWfER
13.1 The Owner shill furnish surveys and a leg:ti description
of the site,
13.2 Except for permits and fees ~'hich arc the responsibility
of the: COfll,1"::Jctor under the Contrcct Documents, the Ov.-ner
shall secure and pit)' for ncccss:uy approvals, easementS.
a.s5cssments and ch~l'ges rcquired for the constructioo, \.I"lYe or
o<:cupanC)' of permmcnt StructUres or perm.;ment changes in
existing facilities.
13.3 If the Contractor f:l.ils to correct Work which is not in
2ccordanc..:e with the requLremcots of the Contr~ct IX>Cuments
I.)r persistently fa.il.s to carry Ollt th<: Work in ~ccordiU1ct:' ,,;th
J the Com....lCt Docume.nts, the Ov.-ner. by a v.-ntten order, m;\Y
(lrder the Contr.lctor Co ~top tile Work, or:my portion thereof,
until the cause for such order ~ been climin:1ted: howevcr,
r...'"lc rigl'H of thc Ov.-ner to stop the Work sh;ill not gjvc ri~ to ~
d\lt)' on the: part of the: Owner to e;'lterdsc this right for the:
benefit of the Contractor or any other person or entity.
ARTICLE 14
CONTRACTOR
14.1 The Con~or sh:ill supervise and direct the Work, using
the Contr.lctor's best skill md attentIon. lbc: Contl'i\ctor shall
be solely rc.:-ix>nsible for md tuvc control over consuuction
mems, mcthods, techniques. t:equenccs md procedures.and
for cOOtdl~tin8 all portions of the: Work under the Contract,
unless Contract DocwncntS give other specific instrUctions
concerning tilCS<: matters,
14.2 Unless otherwise provided in the Contr:K:t Oocwncnts,
the Contr.;lctor shall provide and pay for );lOor, materials, equip-
ment, tools, construction. equlprnent :md nuchinery, water,
heat, utilities, transportAtion, and Other ~cUlties and ~rvicc::s
nece.......~ (or the proper exe<.."Ution and completion of the
Work, whether tcrnporo-y or permanent :u1d whether or not
incotp'(..1~ted ot' to be incorponted in the 'Work,
14.3 The COr'lt~ClC,)r sh211 enforce strict discipline and good
order ;un<:mg the Contractor's employees and other persons
carrying OIJ t the Contract. The Contnctor shall not p:rmit
employment of unfit persons or persons not skilled in wks
a.Cl.Signe:d to them.
14.4 The Con t~etor wUt'm1.S to the Owner and Architect ~t
m;ueri.us ~d equipment furnished tinder the Contnet will be
of good quality :md new unlc..~ otherwise required or per-
mitted by the COnl.1";lct Documents, that the Work ",'ill be free
from defects not inherent in the: quality required or pennittcd,
4UI\.l UI.\ {l,,,- "vLh nill ~v"':v;ii.. ,;:,'~u\... u\.&': &,:q\lir~m~..~ of :.~e
Com~Ct IXx-umems. Work not conforming to the..c;e requlre-
me:ots. including substitutions not properly 2JJproved and
;luthoriz.cd, may be considered defective, The Com~ctor's
warranty excludes remedr [or damage or defect caUS€d by
abuse. m<:>dlflCltioIlS not executed by me Contractor. improper
or insufficient n~.i.ntenanc.'C. improper ope~tion, or nomul
wear and tettr Utlder nOrrIUl usage. If required by the Architect,
the ConU':lctor sh:ill fuI1\i.$h ~tisf:.1ctory evidence f\S to the kind
md qwlity of m~ueruus 2nd equipment,.
14.5 Unless otherwise provided in the Con.t~c:t DocumenLS.
the Contractor shall ~y sales. consumer. use, :md other si.I'niW'
taxes which :lIe ieg:illy cIl4Ctcd when bids arc received or nego-
tt.ltions concluded.. whether or not yet effective .or n1a'cly
scheduled to 80 Into 'df~, and slull sccut~~ the:
buildl.'1g permit :u1d other pcnnits and governmental fees.
licenses and inspections ncce.,~ry for proper execution ;md
compktion of the Work.
14.6 me Contractor sh:l11 comply with ;and give notices
required by laws, ordinances. rules, regulations, and Lawful
orders of publiC :.luthoritics ~ on performance or the
Work. The ContnClor shall promptly notify the Architect cmd
O....'ner if the D~wings a.nd SpecifiCl.tions arc obsc:rved by the
COnlr:l.ctor to be :1t variana: there....;th,
14.7 The COnlr:;!ctor shdll be responsible to the Owner for the
ac~ ;wo omi.ssiOns of the Contr.1ctor's cmploye~, SUbcontr.lc-
tors and their agents ;u1d employetS, and other lkrsons per'
forming portions of the Work under Cl. contr.l<:t with the
Contr;lt;tOt,
/1.1).. ~ .\117 · ^t1BREVlA TWCClST-pLl'S OW'NER-CONTAACfOR AGREE..\\E.NT · SECO:--'''O EDI110N' AlA.
~1981 .. TIlE M1cRlC~ INST1TL~H OF ARCHITECTS, 173S t-<EW YOR.K AVE:'\'Ut, N.'W',. W^SHINGTON, D,C. 2(.<<16
"117.1987 S
WARNINC: tJn&f""l1lnd ohotc)t';'OrMno IIlollt1t"'J 11 ~ r~onvTlot'rt lllW'Il rmd if. St~ to ~..J pn')('~lon.
.c
....:';.~. .,,~' ~".' '," \''':' . t ':." "1 .~........,"..1." ..;....,' t}.'......~..(. ~.. I...~l.,. ~,:; '"; ....... ..::,. 'f.' .... .., ",'
-.
14.8 The Conlr-..Clor sh~ review. -approve :md submit to the
Architect Shop Drawings, ProduCt Da~, S:unplcs and silniW
submllub required by the Contr.zct Document$ "11th rt'25On-
:able promptr"le..~, The Work sruul he In :;Jecordance with
appro....ed submitws. Whc:n prote~orul certifi<.:;llion o( perfor-
mmcc (rHeriot of m:uerWs, systems or ~qulpment is required by
the COntriter Documents, the Architect shall be entitled to rely
upon the accuIdey ;uld completeness of such certifications.
1~.9 The ConU4ctor shall keep the premi.s<:s and surrounding
ar~ free from ~ccumu.btion of wa.ste m;.ttetU!.s or rubbish
c;\~o;cd by operations under the Contract, At completion of the
Work the Contractor t:h2ll rcmO'iC from and otbout the Project
waste m~lerWs, rubbish. the:: Cont~ctor's tools, construction
equipment, In:lchlnc:ry :md swplus ITl4tte~,
t4.10 The: Cont.r.lctOr shtill provide the Owner and AIc hi tC'Ct
access to the Work In prepzd.tlon and ptogre....;s wherever
located.
104.11 Thc Contr.lctor $h:lll p2}" all royalties md license fees;
shall defend suitS or claims for infI'ingemeol of p~tent rights md
~h2ll hold the Owner harmle..c;s from loss on 2CCOunt thereof.
but shall not be respon.'i.ib1c for :;uch ddel\:)e or loss when :1
~iculilr design, process Or product of ~ ~cu.l:u' !T12Ilufac.
turer Of m:mufa<:turers is requlrcd by the Contract DocumentS
unless the Contractor has rCClSon to belicye tlut there is Cln
infringement of patent,
14.12 To the fuUe.~t extent p<:nnittcd by law, lh~ ComrJctOf
shall indemnify and hold h;urnless the Owner, Architect, Archi-
teel's consu1~nt.5, and ~genLc;, and employees of ;u'ly of them
from and against c.1.aims, dam..ctgcs, losses and expen..c;e;, indud-
ing but not limited to att(lrn~ys' fees, arising out of or r~ulting
from p<:rformance of the Work. provided th;tt such cJ;\im, d1111-
age, lOSS or expcll~ 1:> OiLlI1I}UlAU~ IV vvuuy U 'j\U Y. :Ol\,./U .t:.....~.
d.i.5ease or death. or to injury to or destruction of tAngible p~Otr
eI\~' (other than the Work il$elf) including los.~ of us<: resulting
therefrom. but only to the extent caused in whole or in p-.lr1 b}'
negligent acts or omissions of th~ ContrJ<;tor, a Subcontractor,
anyone directly or indirectly employed by them or anrone for
whose act; they m~y be liable, r~;udJ~ Of ~heth€f or not
StIch c1~im. tllm:zge, loss or expense Ls caused in part br d party
indemnified hereunder. Such ohlig.:ltion slull not bf: (."(1n~trued
to n~te, ;,abridgc, Of reduce Oth~r right,~ or obligations (.If
ind--=mnity which would othet\\'I~e exist as to a party or IXr~,(ln
de..~crjbed in th~ P~r,2graph 14,12,
14,12.1 In d;tims :Jg.ainc;t any pcoon or emit)' indemnified
under thi.c; P:u:zgnph 14,12 by :m employee of the Contrrictllf. ;l
Subcontractor. lU1yone directly or indirectly employed by them
or anyone fur Vo-hose :.lcts they may be li:lblc. the: indemniflC1-
tion obligation under this P~g.T;\ph 14.12 shill not be limited
b)' a Iiml~tion on amuunt or type of cbmages, eompcns.atit1O ur
~oelit.$ payable by or fur the COntC'2ctor or a SUbcOnlrrtC10r
under workers' or workmen's compcns;ttiUn aCl'!;, M;lbility
benefit acts or Other ~mp1oyee ocnefit actS,
14,12.2 T~ oblig.3tions of th~ Contr..lctor under this P;lr~-
~"ilph 14 .12 ~;ha.ll not extend to the liability of the Ai(hitect, the
AI\~hit.ect'!i cOnSulCM(S, ;:md :1gc:nts and employees of :u1)" of
Ithem arising out of (1) the: preparation or approvoU or nu~,
d",~'ings. opiniQn~, ~rL<;, surveys, Ch;i1'\ge Orders, Con-
structiO(l Ch:lI1gc j)ircd:v~. d~igns or spccifjc~ti<)n~. or (2) the
giring of or the fui.h.:r~ co give directions or instructions by tJ~
Architect. the Arct'Jtect'5 conSult.:mts, and rtg~nL.~ and
crnplo)'~$ of any (Jf th<:zn provided SUd1 giving or fal1urc 10
gj"e Is the primary 1.",,'lU..e of the injury or dam~~c,
ARTICLE 15
ADM IN lSTRA TION OF THE CONTAACT
* The <:>-.mer
15.1 1'2ii~~~rs~li~ll~
Www tx the Owner's reprcsc:n~tlve (1) during constrUction,
(2) until fmal p-Jyment i:s due: and (3) with the Owner's contour-
renee, from time to time during the COrrectiOn period de~ribed
In ParagI3ph 23.1.
15.2 The ArchitC't1 v.ill visit the site at Interv..us appropriate to
the s~ ,vi construction to become gcnCfillly familiar with the
progress and quality of the completed Work omd to determine
in general if the Work is being pctfolnllc'd in a manner indlC2t-
Ing that the Work, when completed, will be in i\ccordancc with
the Contrdct DocumentS, Ho.....ever. the Arcl1Jtect will not be
required to m:u<e exhaustive or continuous on'sitt: inspections
to check qu.:illt)' or qu.ozntity of the ~"ork, On me ba.,l.s of on-
site observations as an <U'C'hit~t, the ArchJt~t w111 keep the
Owner informed of progres"a; or the Work :md \\'ill cnd~vor to
gwrd the Owner :lg,2.\nst defccts and dcftciendcs in the Work,
15.3 The Architect will not MYC control over or cNrge of:md
will not be responsible for construction means. methods.
techniques, sequence; or procedures, Or for ~ety p~utions
and programs in cormcction v,;t}) the Work, sinCt: these arc
~(>leJ)' the Conu".lctor's responsibility as provided in P~h..c;
14,1 and 21 ,1. The Architect will not be responsible for the
Controtctor's f.tilurc to orry OUt the Work in accoI"d4mce with
the COfltr.lct Docwnents.
Owners
* 15,4 Based on the ~s ob~r\'~tioll$ :md ev2lwtions of
the Cont~c,or's Applications for Payment, the ~ Ownex
wil le....a. ;md certify the .rnounts due the Conlnctor md will
l.'>Suc Certificates for P~ymcnt in such lUTlounts,
:=.= :-:.- ..-.....:.:.-~.. ,,:":': :....-..,.....,.... _.; .;-_:...:... ..--::-.... --...-.....--
ing p<:rformanc~ under ~nd requirements of the Contr:lct t)Qcu,
mcnts on written requ~t of either the Owner or ConHactor.
The Architect will make initial decision.c; on all dairns, disputes
or other rnrtitcn in qUe5tion t>etwecn the Ov.11cr :and Contrac-
tor" ~ut will nOt be.liable for ~ul~~~ ir1.tSJI>~mOl',...
deCISIOns rcndcreG m good (anh. ~ft.~tf'
* ~~~~lf)(~....lt-~X~J:~!~
t~~d~K ~)[ZX'lIf.Itl~tt.li.lJh)(<<OC All other deci-
siom; ()f ~h(; An:hileCt. except thos.<: which h;lVe been waived
by m;lking or :lcceptmce of f1.11:U (Y.lyment, shall be subjed to
:lIbltmion upon the v..riur:n demand of either puty.
15.6 The A.:chitcct v,'iJ1 have authority to reject Work '~..hjch
doe.... not conform to the COOtrf(Cl Docwnents,
15,7 The Architect will review :uld .ppro....e or lAAe other
appropr~tc action upon th~ ContrKtor's submittal') ~uch ~
Shop Dr;lwing.s. Product Dat;t and S;unples, but ow}' for the
limi[edpurf>()~ of checking for confomuncc with infom'~tlon
given 2nd the dcsibf) concept exprcssccl in the Contl.lCt
Documents.
15.8 A.ll claims Of disputes bel'ween the Contt';lctor and the
Ch\l1Cr arising out of or relating to the ContI:lct DocumentS, or
the brC;:;lch thereof, shall be d~jded by arbit~tion in aecor-
d~nC"c with the: Construction Industry Arbitrnti01'l RuJc$ of the
Americ.m Arbitration A..,~x:i:lt.ion currently In effect unle~ the
partks m\lt\l;illy agree Othcr"\\'L<o;e and subject to an 111Itbl
pre.sentation of thr.- claim or dispute to the Architcct ')..1:, required
under Par:tg:"Jph 15.5. NOtice of the demmd (or arbitr.u.ion
sh:tll be ft.lcd in writing with the Other part)' to this Agreement
and with lhe .\mcriciU'l Arbitration Ar.sociation A1id sh:ill be
mave WIUlin:l rc-asoruhle umc ~fler the dispute has ~cn_ The
9 A117-1987
ALA OOC\lMEHT A117 · :lliBR.E\'lf,T1:D <::O~1'.PLL:S O'iX';,;ER.CU:-;TRACTOR AGREL'1E::..T . s1:CO:"'1)'EnIT10~ · AlA'li
''JfJ I Q,,., · THF A!-oiF.Rl<::^;->; i:\~ TITl'TE Of Ai(CH !TECT<=;, 1 -;~:, ,-.; E'" YORK ^ \.l::..'~L:E. :; 'IX' , wAmlr-:c,TOS. f) C, 2C1>X)(.
1.It.l..
('~\j 1(:31
F RGI'l OPUS T HI'lPH
;lW21tl rc.odcrcd by W: arbiuator or arbltnto~ sh:Ul be fuul,
and judgment may be: entered upon it in 2ccordmce with ap-
plicable bw in :my court having juri.'ldiction thereof. Excq)t by
-wr1t1en COmctlt of the pel$On or entity 50Ught to be joined, no
arbitl"200n arising out of or rc:l:a.ting to the Contract Documcnt.~
$lulltnclude, by CQn.<;oUdation, joinder or in any other nunncr,
any pet'$On or entity not a ~y to the Agreement under which
RIch arbitration :ui1.e5, unJess it is sho9.-o at the time the
denund tor 2.rbilraUon is fIled th:n (1) 5Uch person or entity i.c;
substantWly involved in a common question of bet or bw, (2)
the pl'e$ence of such pc~n or entity is required if complete
n!Uef is to be ",ccorded In the :arbit1'2tion, (3) the lntcrcst or
rc:sponsibUity of such pcr~n or entity In the flUtter is not
if\Sub~~ti21, and (4) such person or entity is not tile Architect
or :my of the Architect's employees or COnsult2nlS. The ~c:c-
ment herein 2nlong the parties to the Agreement 2nd;my other
written 2gr<:a11cnt to arbltr:Hc referred to herein stull be specifi-
cally cnforcelble under applicable b-w in any court hd\.'ing
jurisdJction thereof.
AM II\"U:: 1 Q
SUBCONTRACTS
-.
1$.1 A Subcontr.a<:tor is a person or entity who has ~ direct
contr.ict with the Contr:ictOr to perform :a portion of the Work
at the site.
16.2 Unless othcrwL.;e 5t:lted in the Contract Document$ or the
bidding requirements, the Contractor, as $OOn as practiccWlc
after av.;U'd of the Contr,lct, smu fumLsh in ~-ritin8 to the
Owner through the Architect the rwnes of the Subcontractors
for each of the principal p(lrtions of the Work. The Comrricu)r
shall not contract with;my SUOCOOlnctor to whom the 09.TIef
or Architect has ~de rcas()n~ble ::md timely objection, The
ContractoJ" shall not be required to contract with :tnyont: to
whom the Contl'ilClor h~s made re2.,<;Qrulble objection. Con.
[i.lcts between thE: Contr.KtOr and Subcontractors sh;ill (1)
, require (:2.Ch Subcomr.lctor, to the: extent or the Work tQ he
performed by the Subcont~ctoc, to be bound to the Contrac-
[or by the terms of thc Contract' DocumentS, md to ;l.o;.sume
toward the Contractor ~ tilC obligations and responsibilities
~'hich thE: Comr:l~tor, by the Comt2et Documents, assumes
toward the ;)wner and AIchit~t, and (2) al.low to the Subcon-
tractor the benefit of all rightS, remedies :md redress ;tlforded to
the Comt2ctor by these Contr.tcc Documents.
ARTICLE 17
CONS1*RUCTION BY OWNER OR
BY SEPARATE CONTRACTORS
17,1 The Owner ~r"'es the light to perform construction or
oper3tions rchted to the Projett with the Owner':.; own forces,
2nd to a~rd separate contr,Lcts in cormIXtion with other por-
tions of the Project or other conSiructiQn or operatiOns on the
sitE: under conditlons of the c(mtract identiC?,] \)r subst2ntial.lr
sim~ to thcsc. including those portiOns related to insujJn~e
and waiver of subrogation. If the Contractor c);tims fut cklay
or 2ddilional cost is involved because of such action by the
Ov."1'"\er, the Cont~l(lr shall make such cWm as pwvidc:d e.l~.
n.h....,. in In.. rr,ntnrr f)''1CllmPnfl;
17.2 The Contract'"r stull afford the Owner and ~r.l!e con-
tr.lctors rcasoJl;,tble opportunity for the introollctiOll and stor-
age of their n~tcria!s wd equipment and performance Of their
;\cuvitics. ;u1U slull ctmnC'C( and coordtn:lte the Contr:Kt(lr'~
, ,'. '.' '. . " ",' " , ,',
PAGE.0ll
construction :md opcration.\ with theirs :as required by th<: COn-
trxt Docwnans,
17.3 Costs C3\&$Cd by delays, improperly timed activities or
defective roostrUction shall be borne by the party Il:Sponsible
lhcn::for.
ART1ClE 18
CHANGES IN THE WORK
18.1 The O~~, without im~tbtins the Contract, may order
changes in th,,: Work consisting or :ldditJons. deletions or mOdi.
fications, the G\.I..a1d11teed MaximuJll COSt, if any. and the COn-
tI'ol<.1 Time being ~djustcd accordingly, Such changes in the
Work sh2ll be :;luthorized by written Change Order signed by
*Zthe O......oer, COnlr.lcto~~ or by written COIl$lC\lC-
tlon Chmge Directiy~ signed by the Owner ~~
18.2 The Contract Sum :md Contr:lct Time shall be changed
only by Change Order. '
'v..., .lIre; \..V:-l. \''' '-,~u,u \v un. Vn&u..... "'I.'"'' ". \p&.....ul)"- M& .........,
Work sh211 be determined by mutualagrecmcnc.
ARTICLE 19
TIME
19.1 Time limlts s~(ed in the Contract Doc\1lTlentS :u-e of the
essence of the Contract, By executing the Agrccmmt the Con.
tractor confirms that the Contract Time is :it ~onitble period
fur perfOrming the Work.
19.2 The d.:He of Substantial Completion is the chte certified
by the Architect in :lccorcUnce with Paragraph 20,3.
19:3 If the Contr-actor is delayed at any time in progress of the
Work by changes ordered in the Work, by Iioor dlspuu:s, tIre,
lIJ1\lSu;.ll deldy in dclivrriC$, :lbnorm.al advcrse weather condi.
tions not rCCl5(Jn~bly mticipatablc:, una....oid;lble c~ua.Jties or
any t'Clu..~ beyond the COntr.\Ctor's control. or by other causes
which the Architect determines may justify delay, thet\ the
Contract Time shAll be extended by Chwge Order ror such
reasonable time .:l.S the Architect m;1y determine.
ARTICLE 20
PAYMENTS AND COMPLETION
20.1 PaymentS stull be made ~ provided in Artldes 9:md 10
of this Agreement.
20.2 PaymentS may be withheld on account of (l)"defectlve
Work not remedied, (2) claims filed by third p;utics, (3) fuilure
of the Cont.Lclctor to nuke payments properly to Suo..."Ontrac.
tOr'S or for labor, motcri:a1s or equipment, (4) reasonable
evidence thAt the Work cmnOl be completed for, the unp:Ud
b;uaf',~c of the Gl..W'UItccd M2ximum Price, If .any. (5) c:la1mge
(0 the Owner or another c?ntr:actor, (6) rcason~ble evidence
that the Work will not be completed within the Com~ct Time
;lI)d flut the unpaid bilincc of the Gturantccd Maximum Price,
if :my, would nut be :ldequate to cover ~ctwl or liquict<\tc<1
d:um,g~ for the anticipated dd;lj'. or (7) persistent f211urc to
<..-:a..'TY out tl"lc Work in accordance: with the Comrxt
VWUtl.
* 20.3 WIlen the ~Hglld~M ~ Work is SUb5~ntWly
complete, the Architect will issue 3 Ccrtific:ue of SUb$t:lflti2J
Complcti<)n,
AlA DOCUMENT It. t 17. ABBRl:YIA TED COST.PLUS OWNER.CONiRAc:rOR AGREf..\iEXT . SECOND EDrrlO~ . AlA 10
~ 1967 · THE ANER1CA."llNSTIniTI Of ^RCHrrcCTS, '1735 NCW "ORK A\'B-1.~. N,W., ~'ASHINGTOj'\. DC 2OCiU6
A 111-1987 10
WARNING: ~ photocopying vlohJtec. U.S. copyriQtlt llIWS 000 !a mJbjeet to ~81 prooocution.
'. ,f'. .' {. t ~: /'. - (,'.... ;' I' , _ '.... ... .' . " ~ 1., ", " , " " : :' ; ".' . "
23.1 The COnlr.lct<Jr ~hill promptlr CQrr~t Work rejected by
* thc~ or Cailing to ton(orm to the: requirancnts or the
Owner /
AlA DQCUMEN1 A117 · ....BBRE\1A TED COST.PLtlS OWNER-CONTAACTOR AGiH:I::.\i8IT · 5ECO:-,1; EDITION' AlA II!
(91987' THE MM,PJ(.A.'lINSTITvTE OF ARCHITECTS, 1 i3S r-;rn' YORK ^VE.'\1J"E, ;-; \II" \t'ASHINGTON, DC;, 20006
VL.,I,.
.:; u ..,.; -.j"::'
r r-:VI'I Vt-'Ij':=, I Hf'lt-'H
.
20.4 'F1n~ p'..yment stull not become due unUl the CQnt~or
h~ delivered to thc Owner a complcte: rele;J...~ of ill Ucns ari.sU'\g
out ot this Contl'2ct or receipts in f\.Ill covering all laoor. nute,
r1al.s and equipmcnt for which a lien could be filed, or a bond
~~r;actory to the Own~r to Indemnify the O,,"'Tler ag;tin.st sU<:'h
lien, Jf such lien remains uns.'nisficd fl.!ter p:lrmcnts are rrude,
the Contr:lctor shall ret'und to the: Owner ill money the Oowner
may be compelled to JnY in dischuging such lien, including all
costS :md rca.sonable ~momeys' fc:c:s,
20.6 The m.wng o( final payment stull constitule :l wai\'er or
claims by the Owner except those arising from:
.1 lien.~, cl21ms, s<::cwity Interests or cncumbrance.s :uis.
ing out or the Contract md Ufl..o;ettlcd;
.2 f:illure of the: Work to comply vdth the requirements
of the Contract DocumentS; or
.3 tenns of 5p<:~ w:urmtics rcqulr~ by the ContrAct
DocumentS.
Acceptance of (iruJ payment by toe Cont~ctor, :I. SUbc(Ir)tr;lC-
. ... . I ~,..
'Vi VI. "Wl~~ DUPPU,",l O....u '"'-V"&...,...."".."'.. .. ......'..... v' ..._._ _/
tlut P:lYcc except those previously m~de In writing:md idemi-
, fled by th:at payee ~ W1SCttled ~t the time of final Applicuion
for P41yment.
ARTICLE 21
PROTECTION OF PERSONS AND PROPERTY
21.1 The Contrnctor s!u11 be rc::spQmible for initiating. main.
taining, ;u'ld Sl.Ipervising :ill safety preoutions and progr.uns in
connection with the perfomuncc of the Cont~CI. The Con.
t!';ictor stull take reasonable: p.C(.~utions for 54fcty of. and sh;ill
provide re:;l.~nablc prot~tion to prc\'Cnt <:iamrige, injury or lo~
to:
-.
.1 crnploy~ on the Work 'aIld other persons who may
be illected thereby;
.2 the W<.lrk ~nd materials and equipment to be incm-
porated therein; md
.3 other property :at the site or adja~ent thereto.
The Contr.lctor shaH give notic~ ;;v'lct comply with applicWle
1~v."S, ordlnanccs, rules. rcgul;Hlon.s and b",'fu.I ord(;r~ of puhlic
authorities bc;uing on safety of pcrson5 :ilnd property and thdr
prOtection (rom dam~ge, i.njury or loss, The COt\tr;lctQr shill
promptly remedy dwuge and Joss to property at the Sile:
c~used in whole or in pII:1. by [h~ Contr.K'tor, ~ Sub(I.)mr:actor, a
Sub.subcontr.lClor. or anyone directly or indirectly cmpltlyc:d
by :u1y of [hem. or by anyOne for whose acts they m~)' be li:.1hk
~,nd for which the C(IO[~ctor is responsible under Subpara-
grAphs 21.1.2 and 21.1,3. except (or chmagc or loss ;ltlrihutabk
to 2ct5 or omission.s of the Owner Or Architect or by anyone: for
whose actS either of them may be lbblc. and not ;luribuLlble to
the f;aolt or negligence of the Contr.lCtor. TIle foregoing oblig;!-
tions of the Contractor :HC in addition to the Cuntr~Cll)r'$
obli~tions under Paragrnph 14.12.
..... ... .,...""'.... r__..__..,.. ..h.,11 "'",. ~ r,..~"'r,..,...f t~... ~,.ft"'N'T\ u.irhrnlf
COCl..<;ent any Work reuting to asbestos or polych1o~led
biphenyl (PCB),
ARTlCLE 22
INSURANCI:
22.1 The: COr)U'2ctor sruill purch:t~ from and niainUln in a
comrr.tny or companies l:.lwfully ;nJthorii:ed 10 do busines-s in
'1
A117-1987
PAGE.012
the jurndktiun in which the Prolect 1.6 located wut.mct for
protection Crom cWms under workers' or workmen's compen.
S2tion acts :znd othcr employee benefit ::letS which 2.I'C appliCl-
blc. d;Wns for cbmage5 ~c-.ause of bodily injury, including
O~th. and (rom cWm~ for d.arn.:lgcs, other than to the Work
Itt;elf, to property which !rut)' arise out of or result from the
Contr.letor's opc:t.ltions under the Contract, whether such
(lpt:r;ttions be by the Contr2ctor or by II. Subcontl'".lctor or :my.
one directly or Indircctl)" employed by ;\ny or them, This insur-
ance shall be wlitten for not less than llmils of liability tlpecified
in the ContrAct Documents or required b)' l;l9.'. \\'hlchC\-er co\"-
cngc is grc;(ter, and sh;aJlind\1oe contractua11iabllity insurance
~ppliC2ble f to the Contractor's obligations under p~h
14.1 Z, C:rtiflL';ltes of ~uch insurance shall be: filed with the
Ov.rner prior to the commencement of the: Work,
22.2 The Ov.-ncr shill be responsible for purchasing :md rrWn-
t~g the Owner's us~ liablUly insurance, Optionally. the
O",'ner m:l)' pureh2Se OUld rruinUin other insurance for sclf-
protection against claims which m;{y arise from opct.ltions
.....~,... ,h.. r.,'...,'....,., 'rh... r....."....r''''r cn"lll nro' ...... ""cl"V"ln~lhlP for
p\lrcha~lng and rru1ntalnlng this optional Owner'S Il2blUt)'
insuC'3I1ce unless specifically required by the Contract
Documents, Contractor
22.3 ~XL'>>)6,hU~X~l()i~ the~ shal.l purclu..~
ilnd m:ainWn. in ;t company or companies lawfully ~uthorizc:d
to do business in the: jurisdiction in which the proje<;t is
lcx.~le~1. properly insul"'.l.nce I.1p<:m the cntin: Work ~t the site to
the full insurable valuc thereof, This ins\lMce ~ be on:u1~-
risk policy fom) :and shall in~lude intcrests of the Owner. the
Coner-Jetor, Subcontncrors and SuO-subcontractors in the
Wurk and sh;dl insure ~gainst the periL~ of fU'C and extended
covc:r-.,1ge and physical loss or c:1:unagc including. ~,..lthout dupli.
c.ation of coverage. theft, "'"iU1<Wi~m and malicious mischief.
22.0\ A loss insured under Owner's propert)' insur-arx:e: sruill be
~dj1.1$ted with the Owner and m:ldc paYllblr.: 10 the OW11C! 015
fkiuei.:l.r)' for thc insureds, as their interests f'lUy :l.PPC:U. subject
to the requiremenrs of any ilPpliC2blc mOC1gAgcc c1~u..~.
22.5 Th~ O....ner f-h~J file ::2 copy of Cilch polk)' with the Con.
tr:1Ctor before :m exposure to loss may <xcur. Each policy s~
contain a provision ,hal the policy will not be cancelled or
cillowcd to expire until at IC2.st 30 wys' prior written notice ~
~n given to the Contractor,
22.6 The Owner and Cont~ctor w;:tiye all rights ~n$t C3ch
other md th~ Architect, Architcct's con~ul~..,tS, $eparate con-
traclors described in Miek J 7. if any, and any of their subcon-
tr..(to~. suo.sulxont.:"Jcwrs, agents and c:mptoyees, (or c1,.,.'l).
age.'i caused by fire or other JXril~ to the extent covered by
pwpcny iruurancc: ob~ned pursuant to this Article ~2 or otfx:r
property imurmce ;lpplicable. to the Work, eJl;cept such rights
3...'i the)' may have to the procc:cili of such insurance held by the
Owner as fiduciary, The COlHr<lctor shall require sirn.Uar
waivers in r~vor of the Owner and the Contractor by Sulxon-
tra<:tors and Sub.subcontractors, The Owner shall require simi.
l;u v."aivers in fa.....or of the Owner and Cont~C;tor by the Arch!-
II'I-r Arrhitf'rt." ("nn"\llr:mt.~. ,~n:lr-Jte contfdctors descrit>ed in
Article: 17. if lU1y, Zld the subcontractors, 5ub-suo<:ontractors,
::tgeots and employees of ;m)" of them.
ARTIClE 23
CORRECTlON OF WORK
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I 'ge 17:33
F ROI'I OPUS T AI1PA
PAGE.013
act by the Concl"o1<:tor for acts or (allures to act OCCUJ'.
rLng 2ftcr the cUte or the final Cenlficatc for Paytne.nt.
ARTICLE 25
TERMINATION OF THE CONTRACT
25.1 If the !\.r'Chh~t fails to tccocruncnd payment fOt ~ pcrlod
Of 30 days through no f.\uJt of the Contr~c;tor, or if the Owner
bll~ to m2kc payment thereon for :II period of ~O d2ys, the Con.
tQctor may. upon seven additional deI}'S' written notice to the
Owner ~d the Architect, tcrm.m;tte the COOtrnct md reCover
from the ~'()er p;;zymcnt for all Work executed md for proven
loss wIth ropcet to m:lterWs, equipment, tools, and construc-
tion equipment and nuchinery, illClucU.ng re2SOroblc oyerhCild.
profit and dam~ges applicable to the Project. provIded tlut In
no event sh2l.1 such paym~nt c;aus<:: the GU2.ttIntced. M2x1mum
PrIce to be exceeded.
:::.: :...L. - ,.. ~,_ ._.~,..... A_I....I... ^'" rv-rcict-.'\1Iv r'Jllc c'1t nP'Olrrt...
to cany out the Work in C\C.."Cordmce 'WIth the Cont~ct Docu-
men~ or fails to perfonn a provision of Ute Contrnct, the
Ov.'ner" ;uler &even d3rs' written notice to tbc Contractor 2nd
without prejudicc to any othcr remedy the Owner II14Y J~ve.
may make good $och deficiencies and may deducl the cost
thereof, Including compensation for the ArchJtect's sc.rvkes
and ~Xpen.<;C5 made:: neces..~ thereby, from the payment then
or thcrc:mc:r due the Contractor, Alternatively, at the Owner's
option, and upon cC'rtifi~tlon by the ArchiteC1 that sufficient
Quse e'Xists to justify such action, the Owner ~y tenniruue the
COnlnct and ~e pos.scssion or the site ~d of all m;ltcrbls,
equipment, tools, md construction equlpment md frulChinery
thereon owne::d b)' the Contrnctor md may' finish the Work by
whatever method the Owner may deem cxpc:dient, If the
unpaid ba.bnec of the ContrAct Sum exceeds costs of nnishing
the Work, including compensation for the Architect's services
~d expenses made n\X~.uT thereby. such excess sh2ll be
paid to the Contractor, hut if such costs exceed such unpaid
balmcc. the Contractor sh;\JI pay the difference to the Owner,
provided that in no event sh.all such payment CAu...-.e the Guarm.
teed Maximum Prlce, if my, 10 be acceded.
Contract Dncu.m~ntJI. whether ol>ec:rvcd before: or alter Sub-
stiUltl21 Completion and whether or not fabricattd. installed or
completed. and sh2lJ correct :an)' Work (ound to be: not in
,accordance with the requirements of the COnlro1ct Documents
within a period of one YC'ar (rom che date of SubsW1tl:ll Com-
pletion afme Contract or by terms of an applicable specW 'W2r.
ranty rl;quircd by the Contnct D<xuments. The provisions of
Lhl.r, Anic1~ l~ 2ppl)' to Work done b). SubcontrActors as weU ~
to Work done by direct employees or the ContiActOr.
23,2 Nothing cont4.ined in Ih~ Article 23 ~h:lll be construed to
esl~blisl1 a period of limitation v..jth rc:.pect to other obligations
which the Contr,lctor might h..ve under the Contnct Docu-
ments.E.~tabUshment of the lime period of one ycu as de.'iCribcd
.in f'al4lgr2ph 23 ,1 It~teS onl)' to the specific obtig2tion of the
Contractor to correct the Work, ;I.fld has no rebti\1l15hip to the
time "",,'Ithin which the: obligation to 'comp1r with the: ContCX1
Documents tn:lY be sought to be: enforced, nor to the time
wlthLn "",'hkl1 orocttdlng.s may be eommcnc<<1 to establish the
Contractor's lI:abl1Jty WHn rt:.'J.A-"\.l .v un:. ....vuU......V.OI "';"':;00-
tlons other than specifioLlly to correct the Work.
ARTIClE 24
MISC~I"EOUS PROVISIONS
24.1 The Cont12ct shall be go....emed by the: l;tv.' of the pbce
where: the Proj~t is 10Clted.
* 24.~ As between the: Owner rod tl'1e Contractor, :\11Y ~ppUca.
hie S~ll.lte or limitations ~h:ill commcne<: to run 21ld my ~Ueged
ouse of action shall be deemed to h:we ~ccrucd:
.1 not bter truln the date or Subs~otW Comp1etklO for
;lCL~ or failures to act occurring prior to the rdC"od.J"lt
chte: of Subst2Ilti2.1 Completion;
.2 not later than the d2tc of issuance of the flI1.'2I Ca-
titkatc: for P~}'ment for acts or failures to :Ict occurring
subsequent to the relevant ~te or Substantial Com-
pletion lU1d prior to issufU'\ce of the fin:d CertiflCate for
Payment; 21ld
.3 not ~ter thm the:: date of the rekY4r1t l\<;t or failure t(I
-.
AlA OOOJMENT A 117 . ABDREVlA no COST.PLUS OW~ER.CONTRAcrOR Ac;RE..E.I>tEN"r. Sf.{~ONt> EDITION · ^IA.
~) 1~7 · THE }.1'w1!iRJCAN JN5'ITrtm:: OF ARCHITECTS. 173'3 NE"X' YORK A;.1;':.".1;E. N,w,. W^SHL~G TC)N, D.C, 20()(XS
WARNING.: UnIlCilm;td photocopyIng viol3'\t'$ u.s. copyright lnwn Bnd is su!>iw\ to \egol ~,
A117.1987 12
IJEC 7 '90 17:34
F RO/1 OPUS T Hl'lPH
PAGE.014
. ..
. '
AR11Cl.E 26
OTHER CONDmONS OR PROVISIONS
Any provision of this Contract to the contrary not withstanding this Contractor
shall comply with the following requirements:
A. The contractor shall procure and maintain, for the life of this Contract.
Workers' Compensation Insurance coverin~ all employees with limits meeting all
applicable state and federal laws. ThIS coverage shall include Employers'
Liability with limits meeting all applicable state and federal laws.
, I~
B. The contractor shall procure and maintain; for the life of this Contract.
General Liability Insurance. This coverage shall be on an "Occurrence" basis.
Coverage shall include Premises and Operations; Independent Contracts; Products
and Completed Operations and Contractual Uability. Coverage shall be no more
restrictive than the latest edition of the Commercial General Liability policies
,of the Insurance Services Office (ISO). .
This Policy shall provide coverage for death, bodily injury_ personal injury or
property damage that could arise directly or indirectly from the performance of
this Contract.
The minimum. limits of coverage shall be $500,000 per Occurrence Combined Single
Limit for Bodily Injury Liability and Property Damage Liability.
C. The contractor shall procure and maintain, for the life of the
Contract/Agreement, Business Automobile Liability Insurance.
The minimum limits of coveras.e shall he $500,000 Per Occurrence, Combined Single
Limit for Bodily Injury LiabIlity and Property Damage Liability. 'This coverage
shall be an "Any Auto" type policy. Coverage shall be no more restrictive than
the latest edition of the Business Automobile Policies of the Insurance Services
Office (ISO).
-.
Additional Conditions or Provisions are contained on Exhibit "Alf attached hereto
and made a pa~ hereof.
This Agrc:<:mem entered into as of the da)' and year first written al:x)vc:.
OWNER
(ffgtU1lt.lfC) ,
(Pn'nlE'd ttalM arId tItle)
}.1e~'l ~~IA~O~-r- i f'u-~~~{~~+
(pn'med t1tlm~ arzd title)
13 A 117-1987
.
AlA DOCUMENT 11.117 . Afi13R!:VIA TED COST,nuS O~N I::R-CONTRACTOR ^GR~F.MF.NT · SECOl>l~ Wl~O~ · AlA It)
~I~i' . THE t\MERI~N rNSTlTUTE Of ARCHITECTS, J 735 Nf~' YOl<.KA\'ENl1E,l'I:\t" w^,'5HrNGTON, D.C. 20006
WARNIN'G; Un"een~ photocopying viol~lo-s V.S, copyr~ht I~ end it; wb;-eet to IegnJ proDecutlon. 6 J S 9
. . . '., " . , \ . . " . '. .' .,' , ,,' , . ,J I . "a, , ; " .' . ~, .'
LJt.'-
::l~ 1 I : ..:l4
,.. /"". V 1'1 V t"' I.) ~ I H 1'1 r H
t-'Hl1~.ljl::.
Exhibit "A"
D. The Contractor shall procure and maintain for the life of the project Builders'
Risk Insurance. This shall be All Risk Coverages, with the limits of insurance
equal to 100% of the complete value of the :itructure. This policy shall include
a Waiver of Occupancy aause with a maximum deductible amount of $5,000 per
claim. When the installation of machinery or equipment is included, it must
also be covered by this policy. This pertains to transit and installation.
The City shall be included and identified as a loss payee under the
policy/certificate of insurance/required by this paragraph D.
:t
-.
/"
E. In consideration of the sum of $100, tbe receipt and sufficiency of which is
acknowledged, payable as part of the first payment for services, the CONTRACTOR
agrees to defend, save and hold the City, its 8,8ents, assigns and employees,
.. ,... -- ~---- _11 _1_':_.. __ __~.___ .....& __.:__ .__1..~~:__ ,.^"'...... "*'~ ^...^~.......,tft
~au&~,-,~., A.. "'"'4....... ~ V&~~...., -.. ------ -... ----..., ."-------t;t ---- ........-...... .......-.....-J..
fees, and all judgments whatsoever, involving personal injury, bodily. injury,
death, or property damage, arising aUf of any negligent or intentional act or
omission, or the violation of any federal, state or local law or regulations by
the CONTRACTOR, its subcontractors. agents, assigns, invitees or employees in
connection with this CONTRACT.
F. Supplemental Provisions
1. The insurance coverages and condjtions afforded by this policy shall not be
suspended, voided, canceled or modified accept after thirty (30) days prior
written notice by certified mail return receipt requested has been given to
the City's Risk Management Office.
2. Certificates of Insurance meeting the specific required insurance
provisions specified within this Contract shall be forwarded to the City.s
Risk ~1anagement Office and approved prior to the start of any work or the
possession of any City property. After review, the Certificate will be
filed with the City Clerk as a part of the official contract file.
3. Receipt and acceptance of a contractor's Certificate of Insurance, or other
similar document does not constitute acceptance or approval of amounts Dr
types of coverages which may be less than required by this contract or
agreement.
4. The City may at its option require a copy of the Contractor's Insurance
PoHcy(s).
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"'.c~xtl~~'~~;a~~Ja~ No
deductibles will be accepted without prior approval for the City
6. Loss Prevention
Safety and Health Requirements
1. Safe and Healthful Work Environment
It is the CONTRAGTOR'S duty to provide safe and healthful working
conditions to its employees and those of the City on and about the
site of contract performance. The City assumes no duty for
supervision of the CONTRACfOR.
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2. Accident Prevention Program
The CONTRACTOR shall initiate and maintain an accident prevention
program which shall inc1udet but shall not be limited to establishing
and supervising programs for the education and training of employees
in the recognition, avoidance and prevention of unsafe conditions and
acts.
3. First Aid and Medical Care
The CONTRACTOR shall provide first aid services and medical carte to
its employees.
,....
4. Fire Protection and Prevention
The CONTRACTOR shall develop and maintain an effective fire protection
and prevention program and good housekeeping practices 'at the site of
contract performaIl;ce throughout all phases of construction, repair,
alter.ation or demolition. ,
5. Protective Equipment
.
The CONTRACTOR shall require appropriate personal protective equipment
in all operations where this is exposure to hazardous conditions. '
6. Stop Work Orders
The City may order that the work stop if a condition of immediate
danger to City employees, equipment or property damage exists. This
provision shall not shift responsibility or risk of loss for injuries
or damage sustained from the CONTRAcrOR to the City, and the
CONTRACfOR shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and property at
the site of CONTRAer performance.
Toxic Materials
7.
-.
'rh#'O rrYI\JJ""R ~rTnR ~h~l1 in~tn1{',t p,mnl()vp.p.~ rp.mlii~ci to hRndle or u~e
toxic materials or other harmful substances regarding their safe
handlipg and use, including instruction on the potential hazards
Personal hygiene and required personal protective measures.
The CONTRACTOR shall inform the City Risk Management Office of any
toxic materials being used which may affect City employees and/or
agencies. Copies of the Material Safety Data Sheet (MSDS) for than
ma tenal will be made available to the Risk Management Office
immediately upon request.
8. Compliance with Safety and Health Regulations
The CONTRACTOR shall comply with the standards and reB!11ations set
forth by the Occupational Safety and Health Administration (OSI-IA), the
Florida Department of Labor and Emplo)'I!lent Security and all other
appropriate federal, state, local regulations or City safety and
health standards.
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PAGE.017
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9. Protection of Motorists and Pedestrians
The Contractor shall take the necessary preca uticns to protect
pedestrians and motorists from harm, and to prevent disruptions of
such traffic due to construction activity.
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