AGREEMENT RE CLEVELAND STREET PARK
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AlA Document A 117
Abbreviated Form of Agreement
Between Owner and Contractor
for
CONSTRUCTION PROJECTS OF LIMITED SCOPE
where the basis of payment is the
COST OF THE WORK PLUS A FEE
with or without a Guaranteed Maximum Price
~ 1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other general
conditions. It has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the 6th
Nineteen Hundred and Ninety
day of
in the year of
December
BETWEEN the Owner:
(Name and address)
City of Clearwater
10 South Missouri Avenue
Clearwater, Florida
and the Contractor:
(Name and address)
Opus South Corporation
4350 W. Cypress Street, Suite 700
Tampa, Florida 33607
The Project is:
(Name and location)
Cleveland Street Park
612 Cleveland Street
Clearwater, Florida
The Architect is:
(Name and address)
Bloodqood-Sharp-Snider
4601 North A Street
Tampa, FL 33609
The Owner and Contractor agree as set forth below.
Copyright 1979, @1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Portions of
this document are derived from AlA Document AlII, Standard Form of Agreement Between Owner and Contractor where the basis of
payment is the Cost of the Work Plus a Fee, copyright @ 1987 and earlier years, and AlA Document A20l, General Conditions of the
Contract for Construction, copyright @ 1987 and earlier years. Reproduction of the material herein or substantial quotation of its provi-
sions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution.
AlA DOCUMENT A117 . ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT' SECOND EDITION' AIA@
@1987. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENCE, N.W., WASHINGTON. D.C. 20006
A117-1987 1
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ARTICLE 1
THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated
in the Contract Documents to be the responsibility of others, or as follows:
OWner to provide water tap and main up to and includinq back flow preventer, meter,
and stop valve.
ARTICLE 2
RELATIONSHIP OF THE PARTIES
2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner
to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to
furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers
and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of
the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expedi-
tious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Con-
tractor in accordance with the requirements of the Contract Documents.
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of
this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to
proceed issued by the Owner.
(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a nolice to proceed.)
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commeru:ement. Atso insert any requirements for earlier Substantial Comptetion of certain por-
tions of the Work, if not stated etsewhere in the Contract Documents.)
120 days after the date of commencement.
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages retating to faiture to complete on time.)
ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum con-
sisting of the Cost of the Work as defined in Article 5 and the Contractor's Fee determined as follows:
(State a tump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee, and exptain how the Contractor's Fee is to be adjusted for
changes in the Work.)
Fee shall be 10% of the cost of the work.
AlA DOCUMENT A117 . ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT' SECOND EDITION. AIA@
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Gt:JAFtANT!!D M~IMt:JM PFlIG! (IF APPLlCABL!)
The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed
Dollars ($ ), sub' t to addi-
tions and uctions by Change Order as provided in the Contract Documents, Such maximum sum is referred to' the Contract
Documents as e Guaranteed Maximum Price, Costs which would cause the Guaranteed Maximum Price to b xceeded shall be
paid by the Contr or without reimbursement by the Owner.
(Insert specific provisions if
4.2.2 The Guaranteed Maximum Price is based any, which are described in the Contract Docu-
ments and are hereby accepted by the Owner:
(State the numhers or other identification of any accepted alternates, only if a Guar, teed Maximum Price is inserted in Subparagraph 4.2. I. If decisions on
other alternates are to be made by the Owner subsequent to the execution t, attach a schedule of such other alternates showing the amount for each
and the date until which that amount is valid.)
e amounts agreed to for unit prices, if any, are:
(51 e unit prices only if a Guaranteed Maximum Price is inserted in Subparagraph 4.2. I.)
ARTICLE 5
COSTS TO BE REIMBURSED
5.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Contractor in the proper performance of the Work.
Such costs shall be at rates not higher than the standard 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 forth in this Article 5.
5.1.1 Wages 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 transportation, of materials and equipment incorporated or to be incorporated in the completed construction.
All discounts for cash or prompt payment shall accrue to the Contractor.
5.1.3 Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts.
AlA DOCUMENT A117 . ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT. SECOND EDITION. AIA@
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'5.1.4 Cost of all materials, temporary facilities, equipment and hand tools not customarily owned by the construction workers,
which are provided by the Contractor at the site and fully conswned in the performance of the Work,
5.1.5 Reasonable rental costs for necessary temporary facilities, machinery, equipment, and hand tools used at the site of the ~
whether rented from the Contractor or others. UM;:X-JNfIxquli<<rlt\U ~~ llU~tlYftJt~ ~'! _ '
nDn'.
5.1.6 That portion directly attributable to this Contract of premiums for insurance and bonds.
5.1.7 Losses and expenses, not compensated by insurance or otherwise, sustained by the Contractor in connection with the Work,
provided they have resulted from causes other than the fault or neglect of the Contractor.
5.1.8 Costs of removal of debris from the site,
5.1.9 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of
persons and property.
5.1.10 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner.
(Here insert modifiCLltions or limitations to any of tbe above subparagraphs.)
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Any additional design costs must be approved in advance by the Owner.
ARTICLE 6
COSTS NOT TO BE REIMBURSED
6.1 The Cost of the Work shall not include:
6.1.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other
than the site office, except as may be provided in Article 26.
6.1.2 Expenses of the Contractor's principal office and offices other than the site office.
6.1.3 Overhead and general expenses, except as may be expressly included in Article 5.
6.1.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work.
6.1.5 Rental costs of machinery and equipment, except as specifically provided in Subparagraph 5.1.5.
6.1.6 Except as provided in Paragraph 10.2 of this Agreement, costs due to the fault or negligence of the Contractor, Subcontrac-
tors, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, but not limited
to, costs for the correction of damaged, defective or nonconforming Work, disposal and replacement of materials and equipment
incorrectly ordered or supplied, and making good damage to property not forming part of the Work.
6.1.7 Any cost not specifically and expressly described in Article 5.
6.1.8 Costs which would cause the Guaranteed Maximum Price, if any, to be exceeded.
ARTICLE 7
DISCOUNTS, REBATES AND REFUNDS
7.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment,
the Contractor included them in an Application for Payment and received payment therefor from the Owner, 0
. Trade
discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the
Contractor shall make provisions so that they can be secured.
AlA DOCUMENT A117 . ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT. SECOND EDITION. AlA ~
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. 7.2 Amounts which accrue to the Owner in accordance with the provisions of Paragraph 7.1 shall be credited to the Owner as a
deduction from the Cost of the Work,
7.3 Building permit fees shall be wai~CLE8
ACCOUNTING RECORDS
8.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper fmancial man-
agement under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's
accountants shall be afforded access to the Contractor's records relating to this Contract. The Contractor shall preserve these records
for a period of three years after final payment, or for such longer period as may be required by law,
ARTICLE 9
PROGRESS PAYMENTS
~
9.1 Based upon Applications for Payment submitted to theXUU:t by the Contractor and Certificates for Payment issued by the
Owner DXBI; the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract
Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,
or as follows:
9.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in
the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Insert any rate of interest agreed upon. if any.)
The owner shall make payments within 30 days of contractor's submittal of application
for payment.
(Usury taws and requirements under the Federat Truth in Lending Act, simitar state and local consumer credit lau's and other regutations at the Owner's mId Con-
tractor's principal ptaces of business. tbe towtion of tbe Project and etseu'bere may affect tbe l'atidit)' of this prol'ision Legat adl'ice should be obtained with respect to
deletions or modifications, and also regarding requirements such as u.,.;tten disclosures or wair'l?T's.)
ARTICLE 10
FINAL PAYMENT
10.1 Final 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 performed by the Contractor except for the Contractor's responsibility to correct nonconforming
Work and to satisfy other requirements, if any, which necessarily survive fmal payment, ~
~.
10.2 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs described in Article 5 and not
excluded by Article 6 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the
Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of
the Guaranteed Maximum Price, if any. If the Contractor has participated in savings as provided in Subparagraph 4.2.1, the amount of
such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner
to the Contractor.
ARTICLE 11
ENUMERATION OF CONTRACT DOCUMENTS
11.1 The Contract Documents are listed in Article 12 and, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
AlA DOCUMENT A117 . ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT. SECOND EDITION. AlA '"
@1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A117-1987 5
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11.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AlA Document Al17, 1987
Edition.
11.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
, and are as follows:
Document
Title
Pages
Specifications
Specification for Plaza
and landscapinq for Cleveland
Street Park and Clearwater Tower
AS listed in
subparaqraph
11.1. 3
Drawinqs
Cleveland Street Park
As listed in
subparaqraph
11.1.4
11.1.3 The Specifications are those contained in the Project Manual dated as in Subparagraph 11.1.2, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Title
Pages
.See Attachment ~.
paqes I,II,III
AlA DOCUMENT A117 . ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT. SECOND EDITION · A1A@
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11.1.4 The Drawings are as follows, and are dated
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
, unless a different date is stated below:
Number
Title
Date
ExistinqConditions
Layout Plan
Gradincland I>rainaqe Plan
Layout Plan
Plaza Construction Details
Pl~za Construction Details
LandscapePlantinq Plan
Landscape Details
Diaqrammatic Fountain Plan
Cleveland Street Park
Electrical
10/11/90
'11/13/99
11/8/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
11/13/90
L...,:t
L-2
L-3.
L-5
L-6
L-7-_-
L-8 -
L-IO
L-ll
E-l
11.1.5 The Addenda, if any, are as follows:
Number
Date
Pages
NONE
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 11.
11.1.6 Other documents, if any, forming part of the Contract Documents are as follows:
(List here any additional documents which are intended to fonn part of the Contract Documents.)
Certificate of Insurance and other documents as required by Article 26 hereof.
AlA DOCUMENT A 117 . ABBREVIATED COST -PLUS OWNER-CONTRACTOR AGREEMENT · SECOND EDITION. AlA"
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GENERAL CONDITIONS
ARTICLE 12
CONTRACT DOCUMENTS
12.1 The Contract Documents consist of this Agreement with
Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to
execution of this Agreement, other documents listed in this
Agreement and Modifications issued after execution of this
Agreement. The intent of the Contract Documents is to include
all items necessary for the proper execution and completion of
the Work by the Contractor. The Contract Documents are
complementary, and what is required by one shall be as bind-
ing as if required by all; performance by the Contractor shall be
required only to the extent consistent with the Contract Docu-
ments and reasonably inferable from them as being necessary
to produce the intended results.
12.2 The Contract Documents shall not be construed to create
a contractual relationship of any kind (1) between the Architect
and Contractor, (2) between the Owner and a Subcontractor or
Sub-subcontractor or (3) between any persons or entities other
than the Owner and Contractor.
12.3 Execution of the Contract by the Contractor is a
representation that the Contractor has visited the site and
become familiar with the local conditions under which the
Work is to be performed.
12.4 The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
ARTICLE 13
OWNER
13.1 The Owner shall furnish surveys and a legal 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 and pay for necessary approvals, easements,
assessments and charges required for the construction, use or
occupancy of permanent structures or permanent changes in
existing facilities.
13.3 If the Contractor fails to correct Work which is not in
accordance with the requirements of the Contract Documents
or persistently fails to carry out the Work in accordance with
the Contract Documents, the Owner, by a written order, may
order the Contractor to stop the Work, or any portion thereof,
until the cause for such order has been eliminated; however,
the right of the Owner to stop the Work shall not give rise to a
duty on the part of the Owner to exercise this right for the
benefit of the Contractor or any other person or entity.
ARTICLE 14
CONTRACTOR
14.1 The Contractor shall supervise and direct the Work, using
the Contractor's best skill and attention, The Contractor shall
be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and
for coordinating all portions of the Work under the Contract,
unless Contract Documents give other specific instructions
concerning these matters,
14.2 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services
necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not
incorporated or to be incorporated in the Work,
14.3 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks
assigned to them.
14.4 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or per-
mitted by the Contract Documents, that the Work will be free
from defects not inherent in the q1.lality required or permitted,
and that the Work will conform with the requirements of the
Contract Documents. Work not conforming to these require-
ments, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's
warranty excludes remedy for damage or defect caused by
abuse, modifications not executed by the Contractor, improper
or insufficient maintenance, improper operation,. or normal
wear and tear under normal usage. If required by the Architect,
the Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
14.5 Unless otherwise provided in the Contract Documents,
the Contractor shall pay sales, consumer, use, and other similar
taxes which are legally enacted when bids are received or nego-
tiations concluded, whether or not yet effective or merely
scheduled to go into effect, and shall secure ~lfMr the
building permit and other permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
14.6 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations, and lawful
orders of public authorities bearing on performance of the
Work. The Contractor shall promptly notify the Architect and
Owner if the Drawings and Specifications are observed by the
Contractor to be at variance therewith.
14.7 The Contractor shall be responsible to the Owner for the
acts and omissions of the Contractor's employees, Subcontrac-
tors and their agents and employees, and other persons per-
forming portions of the Work under a contract with the
Contractor.
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14.8 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reason-
able promptness. The Work shall be in accordance with
approved submittals. When professional certification of perfor-
mance criteria of materials, systems or equipment is required by
the Contract Documents, the Architect shall be entitled to rely
upon the accuracy and completeness of such certifications.
14.9 The Contractor shall keep the premises and surrounding
area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the
Work the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials,
14.10 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
14.11 The Contractor shall pay all royalties and license fees;
shall defend suits or claims for infringement of patent rights and
shall hold the Owner harmless from loss on account thereof,
but shall not be responsible for such defense or loss when a
particular design, process or product of a particular manufac-
turer or manufacturers is required by the Contract Documents
unless the Contractor has reason to believe that there is an
infringement of patent.
14.12 To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner, Architect, Archi-
tect's consultants, and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys'. fees, arising out of or resulting
from performance of the Work, provided that such claim,dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Paragraph 14.12.
14.12.1 In claims against any person or entity indemnified
under this Paragraph 14.12 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable,. the indemnifica-
tion obligation under this Paragraph 14,12 shall not be limited
by a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts,
14.12.2 The obligations of the Contractor under this Para-
graph 14.12 shall not extend to 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 maps,
drawings, opinions, reports, surveys, Change Orders, Con-
struction Change Directives, designs or specifications, or (2) the
giving of or the failure to give directions or instructions by the
Architect, the Architect's consultants, and agents and
employees of any of them provided such giving or failure to
give is the primary cause of the injury or damage.
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ARTICLE 15
ADMINISTRATION OF THE CONTRACT
OWner
15.1 The~~
XBwill be the Owner's representative (1) during construction,
(2) until fmal 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 at intervals appropriate to
the stage of construction to become generally familiar with the
progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicat-
ing that the Work, when completed, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or continuous on-site inspections
to check quality or quantity of the Work. On the basis of on-
site observations as an architect, the Architect will keep the
Owner informed of progress of the Work and will endeavor to
guard the Owner against defects and deficiencies in the Work.
15.3 The Architect will not have control over or charge of and
will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility as provided in Paragraphs
14.1 and 21.1. The Architect will not be responsible for the
Contractor's failure to carry out the Work in accordance with
the Contract Documents.
OWner's
15.4 Based on the ~s observations and evaluations of
the Contractor's Applications for Payment, the~
wi~certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
15.5 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract Docu-
ments on written request of either the Owner or Contractor.
The Architect will make initial decisions on all claims, disputes
or other matters in question between the Owner and Contrac-
tor, but will not be liable for results of any interpretations or
decisions rendered in good faith.~
OWner
All other deci-
sions of the Architect, except those which have been waived
by making or acceptance of final payment, shall be subject to
arbitration upon the written demand of either party.
15.6 The Architect will have authority to reject Work which
does not conform to the Contract Documents.
15.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract
Documents.
15.8 All claims or disputes between the Contractor and the
Owner arising out of or relating to the Contract Documents, or
the breach thereof, shall be decided by arbitration in accor-
dance with the Construction Industry Arbitration Rules of the
American. Arbitration Association currently in effect unless the
parties mutually agree otherwise. and subject to an initial
presentation of the claim or dispute to the Architect as required
under Paragraph 15.5. Notice of the demand for arbitration
shall be filed in writing with the other party to this Agreement
and with the American Arbitration Association and shall be
made within a reasonable time after the dispute has arisen. The
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award rendered by the arbitrator or arbitrators shall be fmal,
and judgment. may be entered upon it in accordance with ap-
plicable law in any court having jurisdiction thereof. Except by
written consent of the person orerltity sought to be joined, no
arbitration arising out of or relating to the Contract Documents
shall include, by consolidation, joinder or in any other manner,
any person or entity not a party to the Agreement under which
such arbitration arises, unless it is shown at the time the
demand for arbitration is ftled that (1) such person or entity is
substantially involved in a common question of fact or law, (2)
the presence of such person or entity is required if complete
relief is to be accorded in the arbitration, (3) the interest or
responsibility of such person or entity in the matter is not
insubstantial, and (4) such person or entity is not the Architect
or any of the Architect's employees or consultants. The agree-
ment herein among the parties to the Agreement and any other
written agreement to arbitrate referred to herein shall be specifi-
cally enforceable under applicable law in any court having
jurisdiction thereof,
ARTICLE 16
SUBCONTRACTS
16.1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perform a portion of the Work
at the site.
16.2 Unless otherwise stated in the Contract Documents or the
bidding requirements, the Contractor, as soon as practicable
after award of the Contract, shall furnish in writing to the
Owner through the Architect the names of the Subcontractors
for each of the principal portions of the Work, The Contractor
shall not contract with any Subcontractor to whom the Owner
or Architect has made reasonable and timely objection. The
Contractor shall not be required to contract with anyone to
whom the Contractor has made reasonable objection. Con-
tracts between the Contractor and Subcontractors shall (1)
require each Subcontractor, to the extent of the Work to be
performed by the Subcontractor, to be bound to the Contrac-
tor by the terms of the Contract Documents, and to assume
toward the Contractor all the obligations and responsibilities
which the Contractor, by the Contract Documents, assumes
toward the Owner and Architect, and (2) allow to the Subcon-
tractor the benefit of all rights, remedies and redress afforded to
the Contractor by these Contract Documents.
ARTICLE 17
CONSTRUCTION BY OWNER OR
BY SEPARATE CONTRACTORS
17.1 The Owner reserves the right to perform construction or
operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other por-
tions of the Project or other construction or operations on the
site under conditions of the contract identical or substantially
similar to these, including those portions related to insurance
and waiver of subrogation. If the Contractor claims that delay
or additional cost is involved because of such action by the
Owner, the Contractor shall make such claim as provided else-
where in the Contract Documents.
17.2 The Contractor shall afford the Owner and separate con-
tractors reasonable opportunity for the introduction and stor-
age of their materials and equipment and performance of their
activities, and shall connect and coordinate the Contractor's
I
construction and operations with theirs as required by the Con-
tract Documents.
17.3 Costs caused by delays, improperly timed activities or
defective construction shall be borne by the party. responsible
therefor.
ARTICLE 18
CHANGES IN THE WORK
18.1 The Owner, without invalidating the Contract, mayorder
changes in the Work consisting of additions, deletions or modi-
fications, the Guaranteed Maximum Cost, if any, and the Con-
tract Time being adjusted accordingly. Such changes in the
Work shall be authorized by written Change Order signed by
the Owner, Contractor ~ or by written Construc-
tion Change Directive signed by the Owner ~,
18.2 The Contract Sum and Contract 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 mutual agreement.
ARTICLE 19
TIME
19.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreement the Con-
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
19.2 The date of Substantial Completion is the date certified
by the Architect in accordance with Paragraph 20.3.
19.3 If the Contractor is delayed at any time in progress of the
Work by changes ordered in the Work, by labor disputes, fire,
unusual delay in deliveries, abnormal adverse weather condi-
tions not reasonably anticipatable, unavoidable casualties or
any causes beyond the Contractor's control, or by other causes
which the Architect determines may justify delay, then the
Contract Time shall be extended by Change Order for such
reasonable time as the Architect may determine.
ARTICLE 20
PAYMENTS AND COMPLETION
20.1 Payments shall be made as provided in Articles 9 and 10
of this Agreement.
20.2 Payments may be withheld on account of (1) defective
Work not remedied, (2) claims ftled by third parties, (3) failure
of the Contractor to make payments properly to Subcontrac-
tors or for labor, materials or equipment, (4) reasonable
evidence that the Work cannot be completed for the unpaid
balance of the Guaranteed Maximum Price, if any, (5) damage
to the Owner or another contractor, (6) reasonable evidence
that the Work will not be completed within the Contract Time
and that the unpaid balance of the Guaranteed Maximum Price,
if any, would not be adequate to cover actual or liquidated
damages for the anticipated delay, or (7) persistent failure to
carry out the Work in accordance with the Contract
Documents.
20.3 When the ~Work is substantially
complete, the Architect will issue a Certificate of Substantial
Completion,
AlA DOCUMENT A117. ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT . SECOND EDITION. AIA@
@1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A117-1987 10
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23.1 The Contractor shall promptly correct Work rejected by
the ~or failing to conform to the requirements of the
Owner I
AlA DOCUMENT A117 . ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT. SECOND EDITION. AIA@
@1987. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
I
20.4 Final payment shall not become due until the Contractor
has delivered to the Owner a complete release of all liens arising
out of this Contract or receipts in full covering all labor, mate-
rials and equipment for which a lien could be fIled, or a bond
satisfactory to the Owner to indemnify the Owner against such
lien. If such lien remains unsatisfied after payments are made,
the Contractor shall refund to the Owner all money the Owner
may be compelled to pay in discharging such lien, including all
costs and reasonable attorneys' fees.
20.5 The making of final payment shall constitute a waiver of
claims by the Owner except those arising from:
.1 liens, claims, security interests or encumbrances aris-
ing out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements
of the Contract Documents; or
.3 terms of special warranties required by the Contract
Documents.
Acceptance of final payment by the Contractor, a Subcontrac-
tor or material supplier shall constitute a waiver of claims by
that payee except those previously made in writing and identi-
fied by that payee as unsettled at the time of fmal Application
for Payment.
ARTICLE 21
PROTECTION OF PERSONS AND PROPERTY
21.1 The Contractor shall be responsible for initiating, main-
taining, and supervising all safety precautions and programs in
connection with the performance of the Contract. The Con-
tractor shall take reasonable precautions for safety of, and shall
provide reasonable protection to prevent damage, injury or loss
to:
.1 employees on the Work and other persons who may
be affected thereby;
.2 the Work and materials and equipment to be incor-
porated therein; and
.3 other property at the site or adjacent thereto.
The Contractor shall give notices and comply with applicable
laws, ordinances, rules, regulations and lawful orders of public
authorities bearing on safety of persons and property and their
protection from damage, injury or loss, The Contractor shall
promptly remedy damage and loss to property at the site
caused in whole or in part by the Contractor, a Subcontractor, a
Sub-subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be liable
and for which the Contractor is responsible under Subpara~
graphs 2 I. 1.2 and 21. I .3, except for damage or loss attributable
to acts or omissions of the Owner or Architect or by anyone for
whose acts either of them may be liable, and not attributable to
the fault or negligence of the Contractor. The foregoing obliga-
tions of the Contractor are in addition to the Contractor's
obligations under Paragraph 14, 12.
21.2 The Contractor shall not be required to perform without
consent any Work relating to asbestos or polychlorinated
biphenyl (PCB),
ARTICLE 22
INSURANCE
22.1 The Contractor shall purchase from and. maintain. in a
company or companies lawfully authorized to do business in
11
A117-1987
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J
the jurisdiction in which the Project is located insurance for
protection from claims under workers' or workmen's compen-
sation acts and other employee benefit acts which are applica-
ble, claims for damages because of bodily injury, including
death, and from claims for damages, other than to the Work
itself, to property which may arise out of or result from the
Contractor's operations under the Contract, whether .such
operations be by the Contractor or by a Subcontractor or any-
one directly or indirectly employed by any of them. Thisinsur-
ance shall be written for not less than limits of liability specified
in the Contract Documents or required by law, whichevercov-
erage is greater, and shall include contractual liability insurance
applicable to the Contractor's obligations Iilnder Paragraph
14. 12. Certificates of such insurance shall be fIled with the
Owner prior to the commencement of the Work.
22.2 The Owner shall be responsible for purchasing and main-
taining the Owner's usual liability insurance. Optionally, the
Owner may purchase and maintain other insurance for self-
protection against claims which may arise from operations
under the Contract. The Contractor shall not be responsible for
purchasing and maintaining this optional Owner's liability
insurance unless specifically required by the Contract
Documents.
Contractor
22.3 ~pc1Yl]fll[1)fQ(, theD~hall purchase
and maintain, in a company or companies lawfully authorized
to do business in the jurisdiction in which the Project is
located, property insurance upon the entire Work at the site to
the full insurable value thereof. This insurance shall be on an all-
risk policy form and shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work and shall insure against the perils of fire and extended
coverage and physical loss or damage including, without dupli-
cation of coverage, theft, vandalism and malicious mischief.
22.4 A loss insured under Owner's property insurance shall be
adjusted with the Owner and made payable to the Owner as
fiduciary for the insureds, as their interests may appear, subject
to the requirements of any applicable mortgagee clause.
22.5 The Owner shall file a copy of each policy with the Con-
tractor before an exposure to loss may occur. Each policy shall
contain a provision that the policy will not be cancelled or
allowed to expire until at least 30 days' prior written notice has
been given to the Contractor.
22.6 The Owner and Contractor waive all rights against each
other and the Architect, Architect's consultants, separate con-
tractors described in Article 17, if any, and any of their subcon-
tractors, sub-subcontractors, agents and employees, for dam-
ages caused by fire or other perils to the extent covered by
property insurance obtained pursuant to this Article 22 or other
property insurance applicable to the Work, except such rights
as they may have to the proceeds of such insurance held by the
Owner as fiduciary. The Contractor shall require similar
waivers in favor of the Owner and the Contractor by Subcon-
tractors and Sub-subcontractors. The Owner shall require simi-
lar waivers in favor of the Owner and Contractor by the Archi-
tect, Architect's consultants, separate contractors described in
Article 17, if any, and the subcontractors, sub-subcontractors,
agents and employees of any of them.
ARTICLE 23
CORRECTION OF WORK
1
Contract Documents, whether observed before or after Sub-
stantial Completion and whether or not fabricated, installed or
completed, and shall correct any Work found to be not in
accordance with the requirements of the Contract Documents
within a period of one year from the date of Substantial Com-
pletion of the Contract or by terms of an applicable special war-
ranty required by the Contract Documents. The provisions of
this Article 23 apply to Work done by Subcontractors as well as
to Work done by direct employees of the Contractor.
23.2 Nothing contained in this Article 23 shall be construed to
establish a period of limitation with respect to other obligations
which the Contractor might have under the Contract Docu-
ments. Establishment of the time period of one year as described
in Paragraph 23.1 relates only to the specific obligation of the
Contractor to correct the Work, and has no relationship to the
time within which the obligation to comply with the Contract
Documents may be sought to be enforced, nor to the time
within which proceedings may be commenced to establish the
Contractor's liability with respect to the Contractor's obliga-
tions other than specifically to correct the Work.
ARTICLE 24
MISCELLANEOUS PROVISIONS
24.1 The Contract shall be governed by the law of the place
where the Project is located.
* 24.2 As between the Owner and the Contractor, any applica-
ble statute of limitations shall commence to run and any alleged
cause of action shall be deemed to have accrued:
.1 not later than the date of Substantial Completion for
acts or failures to act occurring prior to the relevant
date of Substantial Completion;
.2 not later than the date of issuance of the final Cer-
tificate for Payment for acts or failures to act occurring
subsequent to the relevant date of Substantial Com-
pletion and prior to issuance of the final Certificate for
Payment; and
.3 not later than the date of the relevant act or failure to
I
act by the Contractor for acts or failures to act occur-
ring after the date of the final Certificate for Payment.
ARTICLE 25
TERMINATION OF THE CONTRACT
25.1 If the Architect fails to recommend payment for a period
of 30 days through no fault of the Contractor, or if the Owner
fails to make payment thereon for a period of 30 days, the Con-
tractor may, upon seven additional days' written notice to the
Owner and the Architect, terminate the Contract and recover
from the Owner payment for all Work executed and for proven
loss with respect to materials, equipment, tools, and construc-
tion equipment and machinery, including reasonable overhead,
profit and damages applicable to the Project, provided that in
no event shall such payment cause the Guaranteed Maximum
Price to be exceeded.
25.2 If the Contractor defaults or persistently fails or neglects
to carry out the Work in accordance with the Contract Docu-
ments or fails to perform a provision of the Contract, the
Owner, after seven days' written notice to the Contractor and
without prejudice to any other remedy the Owner may have,
may make good such deficiencies and may deduct the cost
thereof, including compensation for the Architect's services
and expenses made necessary thereby, from the payment then
or thereafter due the Contractor. Alternatively, at the Owner's
option, and upon certification by the Architect that sufficient
cause exists to justify such action, the Owner may terminate the
Contract and take possession of the site and of all materia1s,
equipment, tools, and construction equipment and machinery
thereon owned by the Contractor and may finish the Work by
whatever method the Owner may deem expedient. If the
unpaid balance of the Contract Sum exceeds costs of finishing
the Work, including compensation for the Architect's services
and expenses made necessary thereby, such excess shall be
paid to the Contractor, but if such costs exceed such unpaid
balance, the Contractor shall pay the difference to the Owner,
provided that in no event shall such payment cause the Guaran-
teed Maximum Price, if any, to be exceeded.
AlA DOCUMENT A 117 . ABBREVIATED COST -PLUS OWNER-CONTRACTOR AGREEMENT. SECOND EDITION. AlA ~
@1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A117.1987 12
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I
I
ARTICLE 26
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 Liability.
C. The contractor shall procure and maintain, for the life of the
Contract/Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be $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 "A" attached hereto
and made a part hereof.
This Agreement entered into as of the day and year first written above.
OWNER
SEE PAGE 14 FOR CITY OF
(Signature) CLEARWATER SIGNATURES
(Printed name and title)
1Je.d R.dIAP-MO~TJ 'Pre~IJeu--r
(Printed name and title)
13 A117-1987
AlA DOCUMENT A 117 . ABBREVIATED COST -PLUS OWNER-CONTRACTOR AGREEMENT. SECOl'.'D EDITION. AlA '"
@1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecutIon,
6/89
I
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, .
CITY OF CLEARWATER, FLORIDA
By:
a-?l-tiL--
Ron H. Rabun
City Manager
ita Garvey
Mayor-Commissioner
Approved as to form
and correctness:
Attest:
M. A. Galbraith,
City Attorney
~.
14
I
Exhibit "A"
I
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 structure. This policy shall include
a Waiver of Occupancy Clause 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.
*
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 CONTRACTOR
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 CONTRACT.
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.
2. 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 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 or
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
Policy(s).
*
5.
!Mix ilI:owIII__JUfxx,,_d:W :....... x "&~..1I"":Jf"X~W';DXIIi.sx][ ..ma1ll4l11x x~l:..~ xp~
cgvrll:~ 4ullu: xliI[][ i..k ..1..11&& x Y& It1J11IV..GI YllllIbJi m~ ......~~X:ltbi'IID1t.../lr.1(k No
deductlbles 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 CONTRACTOR'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 CONTRACTOR.
2.
Accidelt Prevention Program
I
"
The CONTRACTOR 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 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 performance throughout all phases of construction, repair,
alteration 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 CONTRACTOR to the City, and the
CONTRACTOR 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 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
material will be made available to the Risk Management Office
immediately upon request.
S. Compliance with Safety and Health Regulations
The CONTRACTOR shall comply with the standards and re~lations 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.
. .
I
9. Protection of Motorists and Pedestrians
I
"
The Contractor shall take the necessary precautions to protect
pedestrians and motorists from harm, and to prevent disruptIons of
such traffic due to construction activity.
, .
Article
I
I,
"ATTACHMENTA"
OIU) SClJlH o::.moRATI~
GElERAL a:NDITICH; OF ~
DIVISI~ 1 ~~ 1.1
SPOCIAL a:NDITICH; OF ~
DIVISI~ 1 ~~ 1.2
INIEX
DescriDtian
GENERAL cnmITIOOS
1.
1.1
1.1.1
1.1.2
1.1.3
1.1.4
1.2
1.3
2.
3.
3.1
3.2
3.3
4.
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
cx:NlEAcr IXXllMEN1'S
DEFmITICNS
'1he Contract Doo~.Ilts
'1he Contract
'1he Work
'1he Project
EXECUI'IQ{, CORREIATIQ{, INl'ENl' AND INrERPRErATICNS
CX:>PIES FURNISHID AND aiNERSHIP
~/ENGINEER
DEFmITIOO
~ AND a::NmAcroR
DEFmITICNS
ArMINIS'IRATIOO OF '!HE <XNIRACl'
cx:NIRACIOR I S RIGHI' 'to sroP '!HE ~
~croRS
DEFmITIOO
REVlE)l OF <XNIRACl' IXXllMEN1'S
SUPERVISlOO AND a:H3'lKJCl'I~ ~
IAB:R, MATERIALS AND rESIGN;
WARRANn
TAXES
~, FEES AND l<<:1I'Ias, cx::MPLIANCE Wl'IH ~
CASH ~
~
RESKH;IBIUT'i Pm 'DmE ~ '!HE ~
~ SCHEWIE
SlDP mAWINGS, FR:XlJCr DATA AND SAMPUS
AND FIEID MFASUREMENlS
-i-
Page
1 - 1
1 - 1
1 - 1
1 - 1
1 - 1
1 - 1
1 - 3
1 - 3
1 - 3
1 - 3
1 - 4
1 - 4
1 - 4
1 - 4
1 - 5
1 - 5
1 - 5
1 - 6
1 - 7
1 - 7
1 - 8
1 - 8
1 - 8
1 - 8
1 - 9
. .
-. . ~icle
4.
4.13
4.14
4.15
4.16
4.17
4.18
5.
5.1
5.2
5.3
5.4
6.
6.1
6.2
6.3
7.
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
8.
8.1
8.2
8.3
9.
9.1
9.2
9.3
I
I
INIEX
Descriotion
~CRR) - (am'D)
mE OF SITE
anTIN:; AND P~ OF l<<R{
CIEANING UP
aJMJNICATIOOS
INI>>1NIFICATIOO
SIGNS
SUB-:SUB:DNmAcroRS
IEFINlTIOO
AWARD OF ~ AND C11HER <:x:NmAClS
Fm R:m'ICH3 OF '!HE taU<
~ REIATl~
PAYMEm'S 'It) &JB-~
SEeARAm exNmACl'S
cx:NIRACroR' S RIGHI' 'ro AWARD SEPARATE <:x:NmAClS
K1lUAL RESRNSIBILl'lY OF ~
cx:NIRACroR' S RIGHI' 'It) ClEAN UP
MI~ PRJllISIOOS
00VERmlG lAW
SUCCESSORS AND ASSIGNS
WRrITEN NOI'lCE
ClADf) ~ ~
PEmtRfANCE EQID AND IAOOR AND MA'IERIAL
PAYMENl' tam
RlGHl'S AND ROoJEDIES
K>YAl.lrIES AND PATENI'S
'l!STS
ARBl'mATlOO
1Dm
IEFINITI~
~ AND <:x:MPIE1'ICN
IElAYS AND ~IC16 OF TIME
PAYMENrS AND (D(p[EfiCN
a:NIWCl' SlM
saIEDJIE OF VAIIJES
~ PAYMEN!S
- ii -
Page
1 - 10
1 - 10
1 - 11
1 - 11
1 - 11
1 - 12
1 - 12
1 - 12
1 - 12
1 - 13
1 - 13
1 - 14
1 - 14
1 - 14
1 - 15
1 - 15
1 - 15
1 - 15
1 - 15
1 - 16
1 - 16
1 - 16
1 - 16
1 - 17
1 - 17
1 - 18
1 - 18
1 - 18
1 - 18
1 - 19
1 - 19
1 - 19
1 - 20
I I
INIEX
, .
Article oescriptim Paae
",
9. PAYMENl'S AND cntPIE1'I~ - (cna"D)
9.4 APPRJVAL OF PAYMENI' 1 - 20
9.5 PAYMENI'S WI'lHHEID 1 - 21
9.6 ~ cntPIE1'I~, LIm~
AND FINAL PAYMEN1' 1 - 21
10. HC.Ln.:.L'l.~ OF ~ AND PR:>PERlY 1 - 22
10.1 SAFElY ~~ AND ~ 1 - 22
10.2 SAFElY OF PERSOOS AND PROPERlY 1 - 22
10.3 ~ 1 - 23
11- ~ 1 - 24
11.1 c::x:NIRACl(R IS LIABILI'lY INSURANCE 1 - 24
11-2 IroFfRlY INSURANCE 1 - 24
12. CHANGES m '!HE \'DRK 1 - 25
12.1 awa OOIERS 1 - 25
12.2 cr.AIMS ~ AOOITICNAL CX8T 1 - 26
12.3 MJJm aIANGES m '1HE WJRK 1 - 26
13. ~AND~OOOF~ 1 - 26
13.1 UNCXWERING OF WJRK 1 - 26
13.2 UJtQ<tX.:!'l.OO OF WJRK 1 - 27
14. ~~ OF '!HE o:mRACl' 1 - 28
14.1 TEafiNATIOO BY a::NIRACR:.R 1 - 28
14.2 TEafiNATI~ ~ cx:tNENImCE 1 - 29
15. EX:UAL F>tPIDYMENr Om:>RIUNIT'lC 1 - 30
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