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1993 H.F. Lenz Company - Recconstruction
GARY B. FRESEt CHARLES IAN NASH* VINCENTG. . TORPY. JR RICHARD E. TORPY GREGORY S. HANSEN J. PATRICH ANDERSON LAURA L. ANDERSON CHARLES A SCHILLINOER WiLLLA.m A GRimm OF COUNSEL VIA HAND DELIVERY /ON&1 FRE sE. NAsx & ToRay, P.A. ATTORNEYS AT LAW May 18, 1993 Daniel C. Eckis, City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Dan: 930 S. HARBOR CITY BLVD. SUITE 505 MELBOURNE. FLORIDA 32901 (407) 984-3300 PAX (407) 951-3741 Re: Proposed Engineering Contract with H.F. Lenz Company Our File No.: 91-7530 tBOARD CERTIF'IED IN TAAATiON BOARD CERTIFIED IN ESTATE PLANNING AND PRouATE I received from you and reviewed as to form and content the proposed contract between H.F. Lenz Company and the City of Sebastian with respect to professional engineering services towards the reconstruction of Temple Avenue. I do not have any objections to the provisions contained in the contract from a legal standpoint and I have signed both original counterparts of the proposed contract as City Attorney. Therefore, please find enclosed with this letter both original counterparts signed by me on page five as the City Attorney. Obviously, you will need to submit these contracts to the City Manager for his approval as well. Should you have any questions in this regard, please contact me. Very truly yours, FRESE, N & TORPY, P.A. Charles Ian Nash City Attorney CIN/bk Enclosures as stated. FIS H.F. LENZ COMPANY Suite 301 601 21st Street Vero Beach, FL 32960 Phone: (407) 562-1222 FAX: (407) 778-3222 699 E. New Haven Ave. Melbourne, FL 32901 tIMN /4"' May 12, 1993 FIRST CLASS MAIL Mr. Daniel C. Eckis, P.E. City Engineer/Public Works Director City of Sebastian 1225 Main Street Sebastian FL 32958 Engineers Subject: Professional Engineering Services Planners toward the Reconstruction of Temple Avenue, Surveyors Encrgy Consultants City of Sebastian, Florida BTL File No. 9370P Dear Dan: In accordance with your request and our recent conversations, please consider the following proposal to provide you with professional engineering services toward the completion of the subject project. REQUIRED SERVICES 1. Analysis of existing topographic features of the Temple Avenue corridor between Louisiana Avenue and its westerly terminus. 2. Development of typical section schematic diagrams indicating finished cross -slope and structural layer components for the reconstruction of Temple Avenue. 3. Development and preparation of construction specifications detailing construction procedures to be followed by construction contractor. We proposed to provide you with the outlined services above on a time and materials (T&M) basis for a not to exceed amount of $2,000.00. GENERAL CONDITIONS Any and all application or approval fees required by permitting governmental agencies will be borne by the owner/client. All items not specifically set forth in this proposal are excluded. In addition, /106� FSC H.F. LENZ Mr. Daniel C. Eckis, P.E. COMPANY May 12, 1993 Page 2 P"`� any expansion of the scope of work or major revisions which may be required by any new rules or regulations enacted subsequent to the date of this proposal, are not included. a) Billing Billing will be as follows: Fees incurred shall be billed monthly based upon the engineer's estimated percentage of the total project services completed to that date or on a time and materials expended basis, whichever is applicable. b) Subcontractor Services As provided for by State Statutes. c) Scope of Work The scope of work as outlined above is based on our estimate of the normal engineering surveying services necessary. However, should the need arise for additional work by virtue of revisions or redesign required by owner/client or any governmental reviewing agency having jurisdiction, then additional billing will be renegotiated to the satisfaction of both parties. d) Payment of Fees Payment of all fees for services rendered shall be received within thirty (30) days of billing. This project and the anticipated fees are predicated upon the prompt and continual satisfaction of our monthly invoices. e) Release/Reuse of Documents All documents including drawings, disks, specifications and reports prepared or furnished by H.F. Lenz Company (engineer) - or engineer's independent professional associates and consultants pursuant to this agreement are instruments of service in respect of the project and engineer shall retain all ownership and property interests therein, whether or not the project is completed. To that end, engineer will execute a copyright notice upon any document prepared by engineer in connection with this project. All original documents shall remain the sole property and in the sole i0"hN FIE H.F. LENZ Mr. Daniel C. Eckis, P.E. COMPANY May 12, 1993 Page 3 possession of engineer. Owner/client will be provided and may retain copies of said documents for his use and information; however, said documents are not intended or represented to be suitable for reuse by owner/client or others on extensions of the project or on any other project. Any reuse without express written verification or adaptation by engineer for the specific purpose intended, will be at owner/client's sole risk and without liability or legal exposure to engineer or to engineer's independent professional associates and consultants. f) Limitation of Liability As provided for by State Statutes. g) Additional Work Performed Shall be negotiated. No additional work shall be undertaken except upon written authorization of owner/client. h) Representations Relating to Work Performed The plans, designs and documents which are subject to this contract shall be prepared in a professional manner consistent with the profession's "Normal Standard of Care". Nevertheless, no representations or warranties are made or implied as to the success, approval or the issuance of permits on any application submitted by owner/client based in whole or in part upon the plans, designs or documents prepared by H.F. Lenz Company. Backcharges will not be accepted by H.F. Lenz Company unless we provide written agreement covering all corrective action and the total amount of backcharge necessary to accomplish the corrective action. i) Reimbursables 1) Print Costs Ten (10) sets of prints and ten (10) copies of any report developed during the project is included within the fees quoted above for: 1) all permit applications; 2) all approval applications; and 3) owner/client, unless 60 EIS H.F. LENZ Mr. Daniel C. Eckis, P.E. COMPANY May 12, 1993 Page 4 /OM%1 otherwise agreed. All other photo copies, prints and facsimile transmissions will be billed at the following rates; Photo copies 8-1/2" x 11" - $0.25/sheet; photo copies 8-1/2" x 14" - $0.35/sheet; photo copies oversized - $0.50/sheet; blue line prints - $0.333/SF; reproducible sepias - $0.75/SF; reproducible mylars - $4.40/SF; and facsimile transmissions 8- 1/2" x 11" - $1.50/page and 8-1/2" x 14" - $1.75/page. 2) Miscellaneous - Express Mail, Telephone, Travel If at any time information must be transmitted by express mail, these charges will be included on your monthly invoice at actual invoice cost. In addition, reimbursement for expenses such as telephone, travel, lodging, meals, etc. will be at actual costs incurred, but not to exceed the limits established by Chapter 112, Florida Statutes. j) Price Guarantee Prices quoted are firm for sixty (60) days from the date of this proposal. k) Compliance with Agency Regulations All work will be performed in accordance with applicable city, county and state regulations relative to the proposed project. 1) Assignment and Termination While binding upon the parties, their successors or assigns, this contract may not be transferred or assigned without the written consent of both parties. Owner/client or engineer shall have the right to terminate this contract for any breach hereof after ten (10) days written notice. H.F. Lenz Company shall be compensated for services performed and expenses incurred to termination date. Once again, we sincerely thank you for this opportunity to offer the services of our firm and we look forward to working with you on this project. If these conditions and this proposal meet with your approval, please execute this agreement in the space provided below and return one (1) copy of this letter as our formal Authorization to Proceed. This project, if authorized will UL' T112AT7 `rV1V11!"11l 1 /Owrh1 Mr. Daniel C. Eckis, P.E. May 12, 1993 Page 5 ArO be performed with due diligence, subject to acts of God, etc., beyond our control. Sincerely, . LENZ COMPANY F. Maivfield.)P.E. 9370-2PJ1 cc: G.W. Wallace, P.L.S. J.R. Boderocco, P.E. AUTHORIZATION TO PROCEED DATE SIGNATURE City of Sebastian e,,,& �� COMPANY TITLE 1225 Main Street ADDRESS Approved to form and Content: CITY ATTORNEY -- —..� .-- AIA IAxrarrnil A 10 Standard eof Between 0Wnr and Agreement t tl?ber-e file basfs of 17a1r11te111 fs a ST IMLAT'EU SUM 1987 IEDMON S lx)CUAfF.NT' IIAS IAfPORTAIVT" LEGAL CONSEuUENCES; CUNSULT'AT'10 l"ICA�TUN. 7111, C'T' Tt) 1T'S COA�f 1, , NOR MOM AN A7*70RNEY 15 ENCOURAGED ItIT'lt RESPR , vre 1987 F.drtrntt of AIA Vocttntent A201, General Cotrdrtrottc nj the °tatfrCpts ticr fit hrc rncttt►tPrtt h3- rejrrettte. 17o not rtCe,"cttctnnettrrcnrdrj led. This document bar. been arpmvcd a„�ndced by Tile Ascsci�tecGeneral (otitractnts of America. AGREEMENT made as of the Nineteen f lundred and BETWEEN the owner: (,Vat►re aril r►ddivcc) anti t11e C:��ntractor: (A'rr►t►r rrr►d rtrlrli't�cc) The Project is: (,vnr►rr rt►►rl 1•waffiur) The Architect is: (1vatfrr raid adelr evs) day of City of Sebastian 1225 Main Street Sebastian, F1 32958 Pan American Engineering 825 8th Street Vero Beach, F1 The Reconstruction of TEmple Avenue in the year of 'bile owner and Contractor agree as set rorth below. (;c� ri Ill 1915. 1918. 1915, 1957, 1951, 195R, 1961, 1963$ 1967, 1974, 1977, 01987 by The American Institute of Arch'- rS R N,W, WachlnRton, O.C. 2tN)tK. Rc�rutltrctIt►n of tilt M:tterlal herein or substatltlal TIOUtl«n tcrts, 17?i5 New York Avenue, cif its provision` withottt written permission of the AIA vinlates the 011100111: ws cit the United States and will he str lett to lrpai I�rnecetrthm. AIA DOCVli E"T A101 9 UwHER C014TRACTOR AGREEMENT • T WEI.FT11 F.t)11IUN • AIA•' ' ©1987 A101-1987 1 TIIF. AMERICAN INSTITIITF OF ARCIt11 FCTS. IM NEW YORK AVF.NItE. N.W., WASIItN(iTt)N. t).C. 21XV16 tHE CoWlftt DOCUMENTO 'i i►r. (:t►1ltra( t 1)orlittletlts constst of this Agreement, Condltlons of the Contract (General► Semhlementary slid other Condidonsj, III-millp, Srcclncatttfnl, Addenda issued prior to exeeutlort of tilis Agreement, other documents listed In this Agreement slid Alt►c11Rr111(in- k5tle(i grief execution of osis Agreement; these roil" file Contract, at►dare x4 fitpq a hart of the Contracts if attached lt► tilts ARlrctlleist or rcpcgtcd herein. The Contract teptesents the entire and Integrated agicement between the pa ales hereto and n1l+etsedcs i'+rirlr negoll1tlonq, frrrrsentsfltlns lir 2Pfermenl4, rltflrr outturn trr oral. An enttmeratlon of the Contract Dm mtetlls. ()tiler titgn NIO(lincattrins, ippears In Art1( Ir n 9 MMI! Z t"t wort oW tins CoHMACT I11r Coillr:10of 51+111 execute the enthe Work described in Ilse Contract t7ocumente, excert to the extent .1eclitcalfy Indicated In the Collttict Dortltncnts to he file rcsronslhlllly of r1111ets, or Mi follows: All. work shall be completed in a workmanlike manner in accordance with the construction documents and specifications as prepared by: H. F. Lenz dated: June 1993 ARTICLE 3 DATE of COMM1 1-1 Nt M OMIAWIAL W*LP-11M 3.1 1 lir (tate of conitnrticcntcllt 15 file date rrom which lite Contract I'llne of haragrailh 4.2 is mcasuted, and shall be the (late of tltk Alurrrtictlt, gs 1110 n•1111ct1 shone, unless s different date h stated below or ptovkksn k male for ile date to be flxcd in a notice it) firf►rrrri lsettrtl by thr Owner. (liter lhr dtrr 4,11r�r+trrrrrtrrrnrrrl. 11 11 dl/frri flnm Ow After of Oth ARH•m rrtrf lir, N n1114fe"ftlr, elnfr Ihrtl 11+r dAfr n�1/11tt• Jfrrd /tt A ftrltlrt' frf l+rrrrfrd.) Within 14 days of approval of the Sebastian City Council. 011rIler (late t)f ('i)tlltllrticctllctlt IC c511Ilflsitrtl fly a t Glace it, proceed Issued fly lite Owner. ti►e colltractor shall notify the ()n11rt Ill n-t11111g not less ihan fire days before cr►tnlncttcln9 the work to pettnit lite timely 1111,19 of 111011PRcs, mechxntc's liens 1nr1 t+tl+cr scculUy Intctrsta. 3.2 '111c r:r►rltt.1clor el►ail achieve Sttflstgntlaf Cnfnrletkm rtf the entire Wolk nt11 later 11,at1 (/rtv► r oet- rrtlrrtdrtr door ttr r/ftmber tt� toltadty dr/1Y ITer the drtftry Mnt/►Ilrtt tr�+rn1, /Nen /nertl Rr►t• rrgrrfrrmrn(� f st, rat firr irthfrall rt/ t:nrnJrlrl/nit of rrr- #$fm lrntrfrnrt n/ rhr ttork. fl Merl alrr: rftrtf-flrre /M low t;fltf/trl{f rh*tomrtlrs) Notwithstanding any language herein to the contrary, "Completion" shall mean a fully constructed improvement in complete conformance with the plans and specifications, ready for intended use without further expense to the owner as determined by the City Engineer. ►11►�rrl tt► arljt►etnlrnte t►f this (:n+1t11r ! 'I tmr. 1� infividrd Ill the 01111r1rt Ihl('unlrttt5. (Irttrr / In rer /Hnrrf. 11 fuel'. frr► l/grrld tlyd dermovEr.t rrlrrl(rrR on frrflrn r fn (rnrrlilerr fin (Ihnr, ) If 100% of work is n o t completed within b0 calendar'�days after Notice to Proceedr except as may be extended by City Engineer in writing for good cause, then the owner may deduct $75.00 per calendar day as liquidated damages and not a penalty for each day.spent to loot completion. This deduction will be taken from final payment due the contractor. AIA DOCUMENT A191 • OWNER (:ONiRACIOR AGRF.EMF•NT • taEt.Titt t:MA110N 0 AiA' • *)1992 1 i1F Amrtrtr.Aff stiS111111 F M At►rtnt 1•r.1S. 1735 NE's troltlt Avt:Nt+F.. N W.. w allt"olo".11 f: 21xm rs f • CONTAACT SUM Mail the Contactor In current funds for the Contractor's performance of the Contract the Contract Sul" f 4.1 l he owner Ma pay Vothits (080,277.50 ), subject to additions and deductions as provided In the Con- tract . lk�cttmcntcSum is based upon the following ahernates, if any, which are described In the Contract Dcx�uments all arc 4.2 the contr2meats. hereby accepted by the owner: be r to the nr+mbrrs ar otber tdenttJlcatta+t Of *Cc rptfd altarnates.� J � �610""g relict ar d l d f o, 11 n�hkh threr1 MnRra+t l� f�++l�d.)n ��r erec++rinn n Ihlt ARrrrrxrrrt. att++ch if schrdr+te q sr+ch nther arterrratin than Elimination of 1 1/2" Thick Type S-1 Asphalt 6" of Coquina base as an alternate to Lime Rock 4.3 t 1nit prices, if any, are as follows: Exhibit "D" AIR VOCUMPIT Atot 0 Vw'NER CVNiRACTOR AGREDIENt • 1vrEt.t•111 RU911 IIION • AIA" ' 0417 A10.1987 3 11tF AWIERICAN 1Ns1'1111TV of ARCIII Ff;t'S. 11?IS NRW YORK AvFWjV, N.W.. WAS111NC1(IN.1).t;. 2tttttlt;, (000IN Agt�d.E d ppOfESS (PAYMENTS 5.1 ifased upon Applications for Payment submitted to the Architect by the Contractorandaon heertific esoo�a pro �� d by�d Architect, the Owner shall make Progress payments on account of the Contract Su clscwl,crc in the Contract i)vcumcnts. 5.2 1 -he peric}t1 coveted by each Application for Payment shall be one calendar month ending on the last day of the month, orss follows: Pay requestp to be submitted to the City,Engineer by the 25th of each month. Final payment shall be upon acceptance of the improvements to the satisfaction of the City Efigineer. 5.3 Provided an Application for Payment is received by the Architect not later than the 2 5 t h day of a month, the owner shalt make payment to the Contractor not later than tite 10th day of the month. if an Application for Payment is received by the Architect after the application date fixed above, payment than be made by the Owner not bier than Ten (10 ) days after the Architect receives the Application for payment. 5.4 F.ach Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with lite (rk :ontract Documents. i1,e Schedule of Values shah allocate the entire Contract Sum ntl,ti among t� ect ma various equkle This Schedns of the ule. and ss objected in such form and supported be by ed n data is f rreviewinglie sthe Contraactor's Applications for Payment. utter. �g ohlccted to by the Architect. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the work as of the end of the period covered by the Application for Payment. 5.6 Sublert to tine provision of the Contract nocuments, the amount of each progtes.4 payment shall be computed as follows: 5.6.1 Fake that portion ofthe Contract Sum property alloxabte to o onttact Sum allocated topleted Work as trtl ted hat portion he the tnttlgc Comptetlon of each portion of the Work by the share of the tot C percent Scheditle of Values, less retainage of 10 $ Ten ( 10 %). Pending final determinationof cyst to the Owner of changes in the Work, amounts trot In dispute may be neral Conditions even t1lot�gh the Contract Sum has not yet been adjusted by Included as provided in Subparagraph 7.3.7 of the Ge (:itangr. ()►(ier; stored at tile 5,6.2 Add that portion cif the Contract Suin Properly tructlble o ifto approved equipment dval,ce by the ownelivereder, suitably stored off the site for sttbsch,tcnt incorporation in tite compictecl construction (or, if appro ed Y site at a icx aNnn agreed upc+tt itt writing), icss tetainnc of Ten pctrenl 10 '^): 5.6.3 Subtract tl,c aggregate of prcvit)us p:o ments made by the (7wrier, anti 5.6.4 Subtract atnrn,nts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided In Pam - graph 9.5 of ti,e (;eneml Conditions'. 5.7 Y Ile progress payment amount determined In accordance with Paragraph S.G shall be further modified under the following rirrut„stancce. 5,7.1 Add, upon Substantial Completion of the Work, s sum sufficlent to increase the total payments to Ten percent ( 10 %) of the contract S,tm, less such amounts ag the Architect shall determine for incomplete Work and unsettled cb[ms; and 5.7.2 Acid, If final ccm,plellon of the Work Is thereafter materially delayed through no fault of the Contractor, any additional atttn,tnlS pa} ai�ic it, acrnrd:ince will, St,bparagtaph 9-10-3 of the General Cond[tto 5.6 RCcl+tc'tlon of limitatkrn of retainage, if any, Multi he as 1100 s: r lnr rn Suh�fan!!al Cn+n! 1101on ni The entire R ark, to reduce firPini! five rctionaRc reta111118 front ol I .rn.! fllc /+crcFnf rs �reer►!rd fn Suh/rara (!j It !� fnarid /r pr,:/►1�� S � S � 7 .rhnr•r, Rrrd llrfs fs nn! etfrfalrrrrf efsc+ncwrp R+ thel'nnharl r)rrt anrrnfs, hrecrl !►err prnrlclnns jnr sack rcertorittirt fir flnrllalln» ) AIA DOCUMENT A101 * oWNER Co "IRACTVR AGREEME"T • TWEi-T111 FU1t1UN • A1A• ' 01907 M01-1997 4 111F. AMERICAN INSTITUTE. (If ARC111TFCTS. 1735 "EW YORK AVENUE. ".W.- WAS111"GUIM i).(:. 2(XW? ARTICU d MHAL PAYMENT Final payment, constittrting the entire unpaid balance of the Contract Sum, shall be made by the owner to the Contractor when (1) the Contract has been fufiq performed bq the Contractor except for the Contractor's respomibulty to correct nonconforming Work as provided In subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive fl+lal payment; and (2) s Anal Certificate for payment has been issued by the Architect; such final payment shall be made by the owner not more than 3o days after the Issuance of the Architect's final Certificate for Payment, or as fellows: Additionally, completion per 3.2 and delivery to the owner the contractor's Affidavit per Florida Statutes 7.3 shall be required prior to final payment. AnTime 7 MISCELLANEOUS PROVISIONS 7.1 where reference is made in tills Agreement to a provision of the General Cornditlons or anotbet Contract pocument, the ref-ers tot that provi ton as amended or supplemented by other provislons of the Contract i3cxumertts. 7.2 ray lttcnt5 ciuc attcf unpaid under the Contract shall bear interest front tine date payment is due at tine rate stated below. or In the ahaenre dicteo:f• at tine legal rate prevailing from time to time at tiro place where the project is located. (I►tscrt rate ref interest aRreed nlrnn, q a►f.t• ! per Re le ve n t State Law. 1( airy iau .c acrd r rgrtlr rntrrrt� nnrler the federal I'rttrb M Lerrd/rr Ae f, tlmNar state and Irrcee c oteseenter credit lata a►rd other regulMrorts of rite till -tiers arid Crtntoat trop :. pr int floor places to/ Rashness, lire Im 611011 nj rbt I'rrr tet and t/stir blot r11a!• allecr (pre raudlrj• ey rbk �11cn krrt11. Legal adt•!ee sirntcld hr nblalnre! rritl• rrrivew hr clout/evict nor and also rrRardheR ►rgtdrerrrreets serrh as errirtrer d/sc/erstrres rte erRlrrrs.) 7.3 (1111cr ptnvkinns: Change Orders: All requests for change orders mus t be presented in writing by the Contractor to the Owner before any extra work is done or the Owner is not obligated to pay for the same. ARTICLE 8 TEAMINAMN on SUSPENSION 8.1 'I lie ('oultrart tnay lie terminated by the Owner or the Cnntracto:r as pron'Icied lit Article 14 of tine General C.ondill()ns. 8.2 'f'Ite wink may be suspended by tine owner a.4 provided In Article 14 of the General Conndltkons. AIA oocum"T A101 9 OR1NFR•CONTRIICTOR AGREEMRNT • TWF.I•FT1t t:t)IT10N 0 AW • tvl"7 A101.1987 5 111F. Ai ERICA" 1NS1111ITF or ARCI111TCTS.17?1S N1:W YORK Av t:NUt:.. N.W., WAS111NrTO". D.C. 211111161 A�tiCL� 9 ' �NMMMON OW CONMCT bOCUMEWS 9.1 The Contract Documents, except for Modification knued ager execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement Is this executed Standard form of Agreement I1•_taecn Owner and Contractor, AIA Document A101, 1987 Editicin. 9.1.2 'Me General Conditlons are the General conditions of lite Contract for construction. AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained In the Project Manual dated I , and are is follows: Document Tide Pages 9.1.4 The Specilicatlons are those contained In life Project Manual dated as In Subparagraph 9.1.3, and are as follows: (Fill+rr Ilii Me v1wr ifical/mie here or refer to an ethlh/l allarhrA fo Ms ARtmotenl ) Section title Pages AIA VOCVMENT A101 • OwHER CONTRACTOR AGREEMENT • TWELFTH EDITION • ASA' •X11987 A1o1- 987 6 1 ill: AMPMR:AN INS7ITIITF.OF ARC111TECTS. 1745 NEW YORK AYF.NUtr. N.W.. aJAS111NGTt1N. b.C. 2fxwp 9.1.6 llte Drawings ace as r"llows, and ate (fated tmless s different date Is -,§'()w" bctuk�: (Ffthrr fill the nrntrinR.q hare nr rifer in fol*lbff nffnrlord 117 Ls ARrrrir:rept 02te F 11de -Number 9. 1.6 'Ilse Addemb. if Snq, ate as fnllOwS: Nttcnher bale f►ages portion-, of Aciclenda felating to bidding tequhements ate not raft of file CtInttact f)xttntenls unlems the hlddhcg tecp+ltements Ste also entcntrrated in tills Article 9. AIA pmm"T A101 0 OWNER WN1t1ACTO11 J%GvtZE46t1T • TWtrt.tTtl P0111VN • AtAn •X9198? TtIF AMF.RiCANfNS11TttTF.t7f ARCIMFCTS, t7{;ftr.m vnRK AVROW.N�', �'1'A�titN(:1ttN,h.r.Imw 9. 1.7 Other documents, if any, fog matt of the t'AtltMc! bocutnents are 0 follolk ._'" pM v `rtd cte eba► 6lddt rtgtdnments sorb :(1.lrt be" a►t�, addtrtanat daumeWs K*Icb � rvl t� tb►ttn�ct Uaumtnts. 7lit Pena tt/otes/»ovl �B i ov ode wt rtsemevtt o► brt+freatvn fe M4 Itgtttic..vtp M Q s f b►ms am of tbvt"*w s btd d1V Fk , .M of The Qrnttrad laoaemetrts tm ess t►ramere+ftd to this AR. vpv I Mr. 77xy sbrmtd be ruled btrt Q"1Y tJ fWwl*d to br jw►i of rAt Qmtr,nd dxtnne►ers.) This ARreemcnt Is enlercd into as of the day and year first written above and IS executed In at least three original cnples of Which one is to he delivered to the Contractor, one to the Architect for use In the atltninlstratlon of the Conttact, and the remainder to the Owncr. OWNER Ow IRtrrrtur�j •- (6-ttrted tiatrre avid title) CONTRACTOR /ctRtrnnrrrj AI ff (t►rttrted tra»re avid title) AIA VoCuAl MY AI01 • OWNER -CONTRACTOR AGREEMENT • TwZL"11 VVITten -nen - w w"f A101.1987 8 I IIF. AWRICAN j ttwire OF ARCIIITECT4. 1735 NEW Y()ItK AVRNII N.W,. WAitItAlGttN�. n.t:. 2"M* Approved a.s to form and content: Attest: C1 Clerk City Attorney GENERAL CONDITIONS. � " The term Architect" used in these General Conditions shall mean Owner ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contact Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Speclfic2dohs. addenda Issued prior to the execution of this Agreement. other documents listed In this Agreement and Modificatloru 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 Contactor. The Contact 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 Contact Docu. ments and reasonably Inferable from them as being necessary to produce the intended results. 7.2 The Contract Documents shall not be construed to create a contactual 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 entitles other than the Owner and Contractor. 7.3 Execution of the Contract by the Contactor is a represen. tation that the Contractor has visited the site and become famU- iar with lite local conditions under which the Work is to be performed. 7.4 The tern "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and Includes 211 other labor. inaterfals, equipment and services provided or to be provided by the Contractor to Puffin the Contractor's obligations. The Work may constitute the whole or a put of the Project. ARTICLE A OWNER 8.1 The Owner shall furnish sury the site. eys and a legal description of 0.2 Except for permits and fees which are the responsiblilty of the Contractor under the Contact Documents. the Owner shall secure and pay for necessary approvab. easements, assessments and charges required for the construction. use or occupancy of Permanent structures or permanent changes In existing facaltks. 0.3 If the Contractor falls to correct Work which Is; not In accordance with the requirements of the Contract Documents or persistently [alis 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 eilminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the put of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR 9.1 The Contactor shall supeso rvise and direct lite Work. using the Contractors best skfll and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques. sequences and procedures and for coordinating 211 portions of the Work under the Contact. unless Contract Documents give other specific Instructions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents, lite Contractor shall provide and pay for labor. materials, equip- ment. tools. construction equipment and machinery, water. heat, utilities, transportation. and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not Incorporated or to be Incorporated In the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contact. The Contractor shall not permit employment of unfit persons or persons riot skilled In tasks assigned to them. 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contact will be of good quality and new unless otherwise required or permit. ted by the Contract Documents, that tine Work will be free from defects not Inherent In the quality required or permitted. and that the Work will conform with the requirements of tine Contract Documents. Work not conforming to these require- ments. Including substitutions not properly approved and suillorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or Insufficient maintenance. Improper operation. or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.3 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 retched or nego- tlatlons concluded, whether or not yet effective or merely scheduled to go Into effect, and shall secure and pay rot lite building permit and other permits and governmental fees. licenses and Inspections necessary for proper execution and completion of the Work. 9.e The Contractor shall comply with and give notices required by laws. ordinances, ntles. regulations, and lawful orders of public authorities betting on performance of lite Work. The Contractor shall promptly notify the Architect and Owner If the Drawings and Specifications are observed by the Contractor to be at variance therewith. 9.7 The Contactor shall be r61mnsible to the Owner fart the acts Mid omissions of the Coritisctor's employees. Suhcontrac- tots and their agents and employees. and other persons per- folming portions of the Work under a contract with lite Contractor. O 6I991 111E AMERICAN WSTITU E 0T ARCi1T I�CTS. 1735 "FW VORKR1 AVENUE. N.W.. VVAS11 GTON.U.C.®110U6 8 9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Ptoduct Datjow%inples and similar submittals required by file Contract Do. ,ents with reason- able Promptness. The Work shall be In accordance with approved submlitals. When professional certification of per- formance criteria of matefbb. systems or equipment Is required by t11e Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such cerdfic2dons. 9.9 The Contractor shall keep the premises and surrounding arca free from accumulation of waste materials or rubbish caused by operations under the Contract! At completion of the Work die Contractor shall remove from and about the Project waste materials, rubbish. the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor 311211 provide the Owner and Architect access to elle Work In preparation and progress wherever located. 9.11 The Contractor shall pay all royalties and license rees; shall defend sults or claims for irifringement or patent rights and shalt hold the Owner harmless from loss on account thereof, but shall not be responsible rot such defense or loss when 2 particular design, process or product of a particular m3riuf2e- tuner or manufacturers Is required by the Contract Documents unless the Contractor has reason to believe that there Is an Infringement of patent. 9.12 To the fullest ext ant 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, kiclud- 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 2tiribut2ble to bodily injury. sickness. disease or death, or to Injury to or destruction of tangible prop- erly (outer than lite Work Itself) including loss of use resulting therefrom, but only to the extent caused in whole or in put 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 claln, damage, loss or expense Is caused in part by a party Indemnified hereunder. Such obligation shall not be construed to negate, abridge. or reduce other rights or obligations of Idemnity which would otherwise exist as to a party or person described In this P1ragr2p119. 12. 9.12.1 in claims against any person or entity Indemnified under this Paragraph 9.12 by an emploiee of the Cont1`200f. a Subcontractor. anyone directly or Indirectly employed by them of anyone for whose acts they may be ll2ble, the Indemninc2- tion obligation under this Paragraph 9.12 shall not be limited by 2 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, disablllty benent acts or other employee benefit arts. 9.12 shall not extend to the liability or the Architret chi- tect's consultants. and agents and employee any or then, ulsing out or (1) the preparation ur ap of maps, drawings. opinions, reports. surveys, ge Orders. Construction Change Directives, des, speclflcatlons. or (2) the giving of or the r2ilure to rections or Instructions by the Architect, the Archit consultants, and agents and employees or any of the oyided such giving or failure to give Is the primary RTICLE 10 ADMINiSTA...ION OF THE CONTRACT 4Ar1--Vie-Are1 and will be the Owner's representative (1)JIUStistircElistructiun, (2) until final payment Is flu t t lite Owner's concur• fence, from t uring the et:rreclion period described repl�ps-��IS.! SN. !� 10.2 The A�el�lteo sill visit the site of Intervals appropriate to tine stage of construction to become generally familiar with tine progress and quality of the completed Work and to determine In general If ttte Work Is being performed Int a manner Indicat- Ing that lite Work. when completed, will be IW*&Pll ice VVIllt the Contract Documents. Iloweter, the not he required to stake exhaustive or contlituous on-site inspections to cheek quality or gi)artllr f Wu�� �1y1 ton. site obscn►alit)i1s as an tie w 1 cep the Owner Infornied of progress of the Work and will eilde:iv )r it) guard tine Owner against defects and deficiencies In the Work. will not be responsible fur construction means, riot . trclt- nigttes, sequences or procedures, or rot sa ecautkms grid programs In connection with lite , since these are solely tine Contractor's respuns u provided lit Paragraphs t).1 and 16.1. The Ar will not he responsible for lite contrac- tor's fall carry out the Work in accordance with lite con- A4 on- -----�- - -- the Contrartc)r's AppllcatluttS it Architect - III review an ounts due the Contractor and will MOM trig-erformance under and requirements of lite Gmtr t)cu- menta on written request of either the Owner uiltrtcic)r. The Architect w8l slake Initial decisions o claims. disputes or other. matters In question between Owlter and Conimc- tor, but will not he liable for gVArs of any Interpretailtms or decisions rendered Ing th. The Architect's decisions lit matters rel2ting to scpMlic effect will be final if consistent with the Intent exp r in lite Contract Documents. All other deci- sions of t rcliltect, except diose which have been waived by rig or acceptance of final payment, shall be subject to. 10.9 Tile Architect will have authority Io reject Work which does not conform to the Contract Documents. 10.7 The Architect will review and approve or take ether appropriate action upon the Contractor's submittals such as Shop Drswings, Product Date and Samples, but only ror the limited purpose of checking for conforttlance with Inrofti1:1111)II given and lite design concept expressed In lite (:tom act Documents. VV-- -Wer crlittts Or (Jlspulcs between Owner arising out or relating to lite Contract, of lite Int � t 111cre0)r, shall be decided by atblimiltm lit act:t)rtlant t lite CottstfuclIon Industry Arbitration Rules oft ietic:in Aobi• trailon Assocl:nit)it currently In effect •sti lite partit:s 1111liu• AT agree Other Wise and sul)jre 1 initial present:rtitit1 of file claim, or dispute it) 111r i tett ai ,f6lulred undrr 11aragniltit i0-5. Nutice of �Clrpsrltly ind ror afhltr:ltli)t1 Shull lie bluff IIi %Vrlt- Ing wait t11r to this Agrrentem wid with lite Anted - C311 Ar .ttlon Assoclatlon attd shall lir twide wIthin s rMst)it- AI)IINEVIATEUOWNERCOMIRACI-t)RAGRtEMENt•hit:III EDIIION* AIA •• t-l-mv ME AMERICAN INSTITUTE tot: ARCitIt ECTS. 17 -IS NEW VO RK AWNUE. N%'.. vrA51111161O.N. 1)1: NANK, entered upon It In secordance wit>�eOft�llcable bw In any c t having jurisdiction thereof. Except 'written consent the person or entity sought to be joined. no abiintlon ng out of or relating to the Contract Documents shall In e. by con- solidation, joinder or to any other manner, an rson or entity not a party to the Agreement under w such arbitration arises, unless It Is shown 21 the dMe th emand for nbltrstion is Ned that (1) such person or enttI subst3ntbdy Involved In s common question of fact or I , (2) the presence of such per- son or entity b required If ptete relief b to be accorded to the atbltntton. (3) the rest or responsibility of such person or entity In the ms Is not insubs1antlal, Sind (4) such person or entity is the Architect or spy of the Architect's employees consultants. The agreement herein among the parties the Agreement 2nd any other written sgreement to arb to referred to herein shad be specifically enforceable ARTICLE 11 SUBCONTRACTS contract with the Contactor to perform a portion of the at the site. 11.2 Unless otherwise stated in the Contact Docupfints or the bidding requirements, the Contactor. as too prscticable after award of the Comm. shall furnish wilting to lite Owner through the Architect the names the Subconlnctots for each of the ptlnclpal portions of t ork. The Contractor shad not contract with any Sun clot to whom the Owner or Architect has made teasona and timely objection. The Contractor shall not be re ed to contract with anyone to whom the Contractor h made reasonable objection. Con- tracts between lite C tractor and Subcontractors shall (1) retjutte each Subc actor. to the extent of the Work to be performed by ih ubcontractor, to be bound to the Contrac. for by the to s of the Contract Documents. and to assume toward th onimctor 311 the obilgadons 2nd responsibilities which Contractor, by the Contract Documents, assumes tow the Owner and Architect, and (2) allow to the Subcon• t or the benefit of A rlahts. remedies and redress afforded to ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS Oper3110ns related to the Project with the Owner's ow es. and to award sepante contncts In connection other pot - lions of the Project or other eonstrvctlu peatlons on.the site under conditions of the cont critical or substantially similar to these. includin c portions tebted to Insurance and w3lver of subt n. if the Contnctor claims tltat delay or addition is Involved because of such action by the Own a Contnctor shall make such claim u provided else - tactors reasonable opportunity for the Intl d stor- age of their materials and equl petfotmt ce of their activities, and shall d coordinate the ontractor's construe operations with their! a1requtred by the Con- . sw �w+er� 13.3 Costs caused by delays. Imptopetly timed activities or defective constr'gm'lon shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner. without invalidating the Conftact, may indct changes In the Work consisting of additions, deletions or mmll- Ilcsdons. lite Contract Sum artd Contract Time being adjusted accordingly. Such changes to the Work shall be authorized by written Change Order signed by lite Owner. Contractor and Architect. or by written Construction Change Directive signed by the Owner and Architect. 19.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to file Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated In the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that lite Contract Time Is s reasonable period for performing the Work. 14. 31as-date o .niilcL baa e-Ateltiteer-1 14.3 If the Contractor Is delayed at any time !n progress of the Work by changes ordered In lite Work. by labor disputes, lire. unusual delay In deliveries. abnormal adverse weather ctondi- tlons not reasonably antleipatable•, unavoidable c:mmilffes or any causes beyond the Contractor's control, or by usher causes which the Archltect determines may justify delay. then the Contract Time shall be extended by Change Order ftor such rv-* $r nabbl tart a as the Architect p a dcterrnt e. Collttraetor 9Way 1 � g v Owner wr � �en ole of a su w�t in seven � s g �eolayQr ��se conact or ARTICLE 19 the 7elay -- PAYMENTS AND COMPLETION 15.1 Payments shall be made asprovided in Artictes 4 and S of this Agreement. 16.2 Payments may be withheld on account of +Wdefective Work not remedied, failure of the Contractor to make payments propetly go Subcontrac- tors or for labor, materials or equipment, (4)-tta31.11113hk-rti. 2nee a! the Gentreet So" J" d:image to lite Ovvner or anothcr ,contractor, ea ipleied vdililn !he Contract Th -e mid iligi the unim'd Nd W9 for the antlelpsted del:oy. or (7) persistent !allure to carry out the Work In accordance with the Contract Documents. 1egferewf- lie Weph Is swbmmW4l� Coalpl�lleA, , 14.1 Final payment shall not become due until lite Contractor tin delivered to the Owners edmpWe release tof all liens utisleig out of tills Contract or recelpt's In full cuvering ail Libor. mate- rials and equipment ror which a lien could be filed. t+r a lxmd satisfactory it) the Owner to Indentnlfy lite Owner against such ' ABBREVIATEOOWNER-CONTRACTORAGREEMENT • NINTII EUITIOH • AiA• • O1SIt11 TIIE AMERICAN INSTITUTE Of ARCInTECTs. 1733 NEW YORK AVENUE. N.m.. WAS111NGTON. O.C. 21X916 .10 Hen. if such Den remains unsathned afi" 2yments ase made, die Contractor shall refund to the Owner all money that die Owner may be compelled to pay In discharging such 1lcn. Including all costs and reasonable attorneys' fees. claims by the Owner except those arising from: .1 Dens, calms, security Interests or encu ces ads- ing out of the Contract and unsettl , .2 failure of the Work to comp) the requirements of the Contract Documen . or .3 terms of special was les required by the Contract Documents. Acceptance of fI ayment by the Contractor, s Subcontrac- tor or mater pptler shall constitute * waiver of cl*ns by that pay cept those previously made In writing and idend. tied hat payee u unsettled at the time of final Application Ir s, • . ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for Initlating, maln- talning, and supervising ail 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 toss to: .1 employees on the Work and other persons who may be affected :hereby; .2 the Work and materials and equipment to be tncor. porated thereln; and .3 other property at the site or adjacent thereto. The Contractor shall give notices 2nd 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 put 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 Subpata- gmphs 16 M and 16.1.3, except rot damage or loss attributable 10 acts or omisslons of the Owner or Architect or by anyone for whose acts either of them mtiy be liable, and not attributable to the fault or negligence of the Contracior. The foregoing obliga- tions of the Contractor we in addition to the Contractor's obil- gatlons under Paragraph 9.12. 15.2 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated blphenyl(PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintaln In a company or companies lawfully authorized to do business In 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 applic- able, claims for damages because of bodily Injury, Including death, and from claims for damages. other than to the Work Itself, to property v, _h may wise 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. This insur- ance shall be written for not less than limits of liability specified In the Contract Documents or required by law, whichever coverage Is greater, and shall Include contractual liability Insur- onceapplicable to the Contractor's obligations under I'aragniph Cates of such insurance sl►ati be filed with the r r to the commencemeril of the Work. 17.2 The Owner shall be responsible for purchasing and maln- talning the Owner's usual liability Insurance. OptlonaIly, 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 respvnsible for purchasing and malntalning this optional Owner's liabtlity Insurance unless specifically required by the Contract Documents. (bn actor 17.9 Unless otherwise provided, the shall 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 shalt be on an 211- thk 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 dupll- eatlon of coverage, theft; vandalism and malicious mischief. 17.4 A foss Insured under Owner's property insurance stall be adjusted with the Owner and made payable to the Owner as fiduclary for the Insureds, as their Interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner sh21I 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' prlor written notice has been given to the Contractor. 17.6 The Owner and Contractor waive all rights against each other and the Architect, Architect's consultants, separate con- tractors described In Article 12. 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 obtalned pursuant to this Article 17 or any 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 shill. lar waivers in favor of the Owner and Contractor by the Arcl►1- tect, Archhect's consultants, separate contractors described In Article 12, If any, and the subcontractors, sub -subcontractors, agents and employees of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work-ft*ete4-byr the -Mchite t or falling to conform to the requirements of the Contract Documents. whether obseived before or after Sub- 912ntlal Completion and whether or not fabricated. Installed err completed, and shall correct any Work fund to be not Int accordance with the requirements of the Contract Documents within a period of one year from the date of SubsLvuW Corn - ABBREVIATED OWNER-CONTRACTORAGREEMENT*HtNT1IEDITION •AI�• -617N7 'IM AMERICAN I14STITUI11 OF ARCIIITECTS. 1755 NEW YORK AVENUE. N.W., WASIMIGTON. 1)C. 24NN16 11 pletlon of the Contract or by terms of � Jppllcabfe special war- mitty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained In this Article 18 shall be construed to establish a period of limitation with respect to other obbgstlons which the Contractor might have under the Contract Docu- ments. Establishment of the time period of one year as described In Paragraph 18.1 relates only to the specific obilga- don of the Contractor to correct the Work, and has no relation- ship to the time within which the obligation to comply with the Contract Documents may be sought tb be enforced, nor to the time within which proceedings may be commenced to estab- lish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is located. 19.2 As between the Owner and the Contractor, any appfl- cable statute of 11mit2tlons 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 Anal Cenifi- cnte for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Com• pletlon and prior to Issuance of the final Certlflcate for Payment; and .3 not later than the date of the relevant act or falfure to act by the Contractor for acts or failures td act occur. ring atter the date of the 11nal Certificate for payment. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails to recommend payment fur a perkxl 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 Cun- h3ctor may, upon seven additlotwl 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. 20.2 if the Contractor defaults or persistently fails or neglects to carry out the Work In accordance with the Contract Docu- ments or falls to perform a provlslon of the Contract, the Owner, ager seven days' written notice to the Contractor artd without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost and expenses made necessary thereby, from the p2yinSpWien or thereafter due the Contractor. Alternatively, at t wner's option, and upon certification by the ArcitZmavlermin3te at sufflcicnt cause exists to justify such action, the Oa lite Contract and take possesslon of tit c and of all materials, egt:tprnent, tools, and construe equipment and machinery thereon vaned by rite Co clot and may finish the Work by whatever method th wner may deem expedient. If the unpaid balance o e Contract Sum exceeds costs of finishing the Work, Ing compensation for the Architect's services and ex ses made necessary thereby, such excess shall be P o the Contractor, but If such costs exceed such unpaid fram the payment then or thereafter due the Contractor, or If Contractor involves items the cost of materials and labor for $1,000.00, Owner may give Ountractor thirty (30) days written and if not so cured within that time, Owner may terminate this inmedia tely . the failure of which exceed notice to cure contract Ai GREV1AtEDOWNtER•CONTRACTOR AGREEMENT • NlNttl EDITION • AIA• 9 ©1907 THE AMERICAN INSTITUTE Of ARCHITECTS. ills NEW YORK AVENUtI, N.W.. WAS111NGTON, D.C. 201W3 12 ARTICLE 21 t*16N r omen Cownow on PnoVISIONs The venue for any action brought to interpret or enforce the Agreement, or any action arising out of the provisions of the Agreement be brought in the appropriate state court having jurisdiction located in Indian River County,.Florida. 0 This Agreement entered Into m of the day and year First written above. [lwmpn (Printed name and Ntle) CONTRACTOR (Slgnuture) (Printed ►tante and title) A99RlVIATEOOWNER•CONT RACTOR AGREEMENT • NIN1'll EI)I1'It)N • AI.t' 6-019w E N TITUTE CSF ARC111TECTS. 173% NEW YORK AVENUE. Nom'.. WASIONGTON. UC. 14maxi Attes City C rk Approved s to form and content 13 EMPIRE ENGINEERING & TESTING INC. P.O. Box 776 50 Fifth Court Vero Beach, Florida 32961 Vero Beach, Florida 32962 SOIL DENSITY REPORT MODIFIED PROCTOR TEST ASTM D 2922 Date: October 15, 1993 Job #: 92820-104 Permit #: Client: Pan American Engineering Contractor: Pan American Engineering Job Location: Temple Avenue Sebastian, Florida Test Test Sample Depth Pen. In Place Moisture Density No. Location Res. Dry Density Relationship Test No. Maximum Dry Density VERO BEACH (407) 569-0153 FAX (407) 569-8408 124.5 126.0 125.4 126.2 126.4 125.0 124.5 % Com pacted 1 126.0 Density - Roadway Base 53. Map Location 1 6" 54. Map Location 2 6" 55. Map Location 3 6" 56. Map Location 4 6" 57. Map Location 5 6" 58. Map Location 6 6" 59. Map Location 7 6" 60. Map Location 8 6" VERO BEACH (407) 569-0153 FAX (407) 569-8408 124.5 126.0 125.4 126.2 126.4 125.0 124.5 % Com pacted 1 126.0 98.8% 1 it 100.0% 1 " 99.5% 1 " 100.1% 1 f� 100.3% 1 f� 99.2% 1 +� 98.8% 99.2% P. E. ST. LUC I E (407) 337-7911 MELBOURNE (407) 676-9956 FT. PIERCE (407) 467-1570 JOB EMPIRE ENGINEERING SHEET NO. OF & TESTING INC. P.O. BOX 776 CALCULATED BY DATE VERO BEACH, FLORIDA 32961 CHECKED BY DATE (407) 569.0153 SCALE c - W 14 r