ST. JOHN THE BAPTIST PARISH COUNCIL

a
I
`
R
T
AlA
r
M
Document A105
- 2007
r''
l
Standard Form of Agreement Between Owner and Contractor for a Residentiai or Small
Commercial Project
AGREEMENT made as of the
r,
n irord.
i ddicale
day,
day of Jauunry in the ycar 2014
f
niarlh and yeor.
AODITIONS AND DELETIONS:
The author of this document has
BETWEEN the Owner:
.
:
atltled Informallon needed( or Its
complefion.. The au hor may also
s
I
St John the Baptist Parish Parish Government
1801
AIA stantlartl( orm. An Additions and
LaPlaCe, LA 70068
Delefions Report hat noles added
intormatlon as well as revisions lo the
standard form teuCis avaAable from
I
i
W. Ai line Hwy
have revised Ihe tezl of the original
ihe author and should be reviewed. A
And lhe ContraCto.•
vertical line( n the Iefi margin of this
Family
I-
Homes
by Tommy
and
Sheila,]
na
document intlicales where the author
has added necessary inlormailon
1116 Bellevue llr.
Laplace, LA 700G8'
.
_
and where IM1e author has added to or
V
deleled from Ihe ongmal AIA teM.
I, . .
This document has impotlanl legal
Forihefollowin g Pro'J ect:
cons q uenc e s. C on s ul tat i on wifh an
attomey Is encouraged wi h res P ect
Hurricane ISaaC ReCOVeI' y
to its completion or motli0cation.
LaPlece Fire Stations# 51 - lk55 .
State or local law may impose
Laplace, Louisiana
requirements on conlracts for home
improvemenis. If ihis document will
The Engineer
.
be used for Work on lhe Owner's
residence, Ihe Owner shoultl consul(
ROyal Engineers&
Consullanls, LLC
local authorities or an attomey to
SSO IIeOe Tcrre IIoulevard
verify requiremenis applicable to Ihis
LaPlace, LA 70068
Agreemem.
The Owner and Contractor agree as follows.
i
v
AIA
Init
¢
ocumenlA706"'-
servatl.
2007. tortnertyAlO$"-
WARN N6: This AlA
199JandA106 -
1993). Capyrighl91993and20WbyTheAmencanlnstitNaofArcfiilects. Allrights
qocumen4la. protacleObyU. S Copytl,ghtLawand; IntemAponalTieatles. Unauthotlzetlrepioduction' ordlatdhutltinpf'
i le AIA Documenq or eny poRlon of 74 may renWt In'svvemcivibandcdminz peneltlae, end wlll,be p bs'ecutetl tb:tha maxim4meitantyqaelbla untler.
I
the,lew. This documant was protluced byAlA software et 10: 09:q3 on Oi/ 08/2014 untler Ortler No. 2576547621 iwhich ezpires on OB/ 73/ 2014, ahd is not for
resale.
UsorNotes:
1095653686) t
I
I
TABLE OF ARTICLES
1 '
THE CONTRACT DOCUMENTS
2
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE
3
CONiRACTSUM
4
PAYMENT
5
W§ URANCE
6
GENERAL PROVISIONS
7
OWNER
8
CONTRACTOR '
9
ARCHITECT
10
CHANGES IN THE WORK
11 '
TIME
12
PAYMENTS AND COMPLETION
13
PROTECTION OF PERSONS AND PROPERTY
14 ''-
CORRECTION OF WORK
15
MISCEILANEOUS PROVISIONS
16.
17
.
'
TERMINATION OF THE CONTRAC7
OTHERTERMSANDCONDITIONS .
ARTICLE' 7 , '
THE CONTR4CT DOCUMENTS
1. 1 The Conh ador shnll complete thc Work described in ihe Conhact Uocuments for the 1' rojecL The Contracl
Documents consist of
1 .
This Agreement signed by the Owner and Conhactor;
2 .
7hc drawings, and"specifications prepared Uy tHe Owner, datcd 9/ 28/ 2013, and enumerated 9s follows:
Drawings:
Number
Title
CS1, Iv1. 51 - M. 55, S. 51.
I. : .
5. 54. 01, S. S4. 02, S. 55
53,
Date
HurricanelsaacRecovery
.
9/ 2S/ 2013
LaPlnce I' ire Stations 51, 52,
53, 54&
55 -
Plans& Specifications
.
Specificationsi
Section
Induded in Plans
I
3.
Init
Title
Pages
Same
PN. 01, GS. OI, SP. Ol
addendfl prepared by the Owner as follows:.
A AOocumentA105TM- 2007(( ormetlyA 05`"-
1991antlA205*"- 7993). CapyriBht01893antl200 byTheAmeticenlnstiWteolAmhltects. All.dghts
WARNING orThieanyAIAm
OocumenLie
byU:S.clvlPentl.
@dpytlght
CAwand
Intemallonal
UnauMorlietl
raproducHonerElsttlbWon,of
treeervetl.'
la. AlAP.Oocument,
portion
of it; mey>protect¢H;
asWt In 6eJera
ctlminal
penaltlea,
enE wllTreaHea.'
ba.proseculeE
to Me rtiazimum
ext¢ nt poaslblevnAeo - 2
t e lew: This tlocumentwes produced byAlA saHwaro a11o:09:43 on 01/ 092014 under Order No257655762' 1_ 7 which expires on 06/ 73I2019, end is nol for
resele.
UsorNotes.
,
1U95653686) :
.
1
Number
7
Date
lllG/2013 .
Pages
Addendum, LouisianaUniform.
Public Bid Form, Uniform
P.ublic Bid Form Legend
4
wi`itten ocders for changes in thc Woi lc issued after cxccution of this Agreement; and _
5
bther documcnts, if any, iden[ ificd as follows:
ARTICLE 2
DATE OF COMMENCEMENi AND SUBSTANTIAI COMPLETION
2.7thenumberofcalendardaysavailabletolheContractortosubstantiallycompletetheWorkiStheContractTime.
7he date of commencement of Ihe Work shall be the date of this Agreement unless otherwise indicated below. The.
Contractor shall substantially complete the Work, no later tlian 45 Calendar days fi•om Notice to Proceed.
2.2 Liquidateddamages are. OS% ofconiract total perdzy for each conseeutive calendar day in which. the Work is
-
no complete beginning the first day beyond ihe Snbstan[ ial Completion date sinted ebove, and ihe Contractor egrees
to payany liquidated damxges nol by way of penalty but as a stipulaled swn in ihe event the Project is not subs[antially
completed within the Contrect Time and[ he Punch List is not 100% completed within forry-five( 10) days ofthe date
of Substnnlinl Complelion aa slated on the Certificate of Substantial Completion ns recoreded in. the public records.
The Contrac[or agrees the I 0 days to complete the Punch List shall commence on the date the Owner designates on the
Ccrfificate of Substnntinl Completion as the date of Substa itial Completion noihwithstnnding nny delay beyond thnt
date lo record the Certifica[ c of Substantial Completion.
To be Sxed in a Notice to Procced
ARTICLE 3
CONTRACT SUM
I . .§
3. 1 Subject ro additions nnd deductions in accordance with Articic I Q thc Contract Sum is$ 76,022;55.
I-
3.2 for pwposes of payment, ihe Contract Sum includes the folltlwing values related 10 portions ofihe Work:
Base Bid:
- .
Total Bid:
_,.
"
76,022. 55
7G, 022. 55
3.3 Unil Urices,"if any, arc as follows:
As expeessad ori Louisiana Uniform Public Bid 7' abulation Form.
3.4 Allowances included in Ihe Contract Sum, if any, are as follows:
Item
I. . .
—
Price
a;;.:,
N/ A .
-.
N/A
3. 5' I' he Contract Sum is based upon tAe fol lowing al[ emates, ifany, which are described in the Contraci Documents
and hereby accepted by the Owner: .
I_
None.
-
_
3.6 The Confract Sum shall include all itcros and services necessary for fhe proper execution and completion of the
Work:
-
ARTICLE 4
'
.
PAYMENT
4.1 Based on Contractor' s Applications for Payment certified by the Owner' s Representative, the Owner shall pay
I
the Contrnctoq in accordance wilh Article 12, as follows:
Init.
AIADacumantA106T"'- 20W( fortnertyA706^"
reservad.. WARNWG.
1993antlAY06*°- 1993}. CopyrlBhtID1993antl2007byTheAmerlcanlnstituleofArcMtecls. Alldghts
TNisAIA° Documenlls pYotecteHbq. U: S.
CopyrlghtGawentllnterne0onaiTreaUes. 6neulhodzetl. reprotlUctionar' diatribLpomof
thleAlAoDocumenhoranyqoNonoflt, m6yresultirieavere eiuilandgdminalp¢ neltlea; entlwllltie.pro6ecutadtothemaximumextanipossibleunderv
jlie law. Thls documentwas pwduced by AIA' sbFtware e1103B:72 on Oi%09/2014 under Order No2576547621- i-which ezpires on 06A3/2014, and Is Bot for`'-
Us¢ t Not¢9:
resale.
2033279924)
3
'
i
i
Subject to other provisions ofthe Contract Documents, the amounl of each progress payment shall be computed as
fol lows:
1
Take that portion of the CoMract Sum property al locablc to completed Work as de ermined by
multiptying lhe percentage completion of each portion of 1he Work by the share of the Contract Sum
allocated to that portion of tlie Work in the schedule ofvalues, less rotainage of 10 percent( 10. 00 %).
2
Add that portion of the ConU acl Sum properly allocable to materials and equipment delivered and
suitably stored at[ he site for subsequent incorporation in the compleleei construc[ ion( or, if approved in
advance by the Owner, suitably stored offthe site at a loca[ ion agreed upon in writing), less retainage of
ten percenf(
3
4
10. 00 %);
i
Sublract the a regate oPprevious payments made by the Owner; and
Subtract amow ts, if any, for which the Owner has withheld or nWlified a Certificate for Paymcnt as
providcd in Section 12 oPthis documcnt.
I
ARTICLE 5
INSURANCE
5.1 The Contractor shall provide Contractor' s general liability and other insurance as follows:
I
CONTRACTOR' S LIABILITY INSURANCE
5. 1. 1 The Coniractor shall purchase S om and maintain in a company or companies acceptable to the Owner Iawfully
authorized to do busincss in the jm isdiction in which the Project is locx ed such insurance as will protect the
Contractor from claims set fbrih below which may arise out ofor result from the Contractor' s operations and
comple[ ed operntions under ihe Contracl and( or which the Conh actor may be legally liable, whether such operations
be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any ofthem, or by anyone
for whose acts any ofthem may be] ieble:
1
Claims under workers' compensation, disability benefit and other similar employee benefit acts thet are
applicable to the Work to be perPormcd;
2
Clnims for damages becnuse of bodily injury, occupational sickness or disease, or death of the
3
Clnims for damages because of bodily injurg sickness or disease, or death of any person other than he
4
Claims for damages insured by usual personal injury liability coverage;
Gontractoi' s employees;
Contracror' s employees;
5
Claims for damages, o her han to the Work itself, because of inju y to or desfruction of tangible
6
properly, inciuding loss of use resulting therefrom;
Claims for damagcs because of bodily injury, death of a per$on or property damage rising oul of
ownership, maintenance or use of a motor vehicle;
7
8
Claims for bodily injury or property damage arising out ofcompleted operations; and
Cinims involving coniractual liability insurance applicable to the Contractor' s obligations under
Scction 8. 12.
5.1. 2 The insurance required by Section 5. 1. 1 shnll be Hritten for not less than limits of liability specified in the
Contract Documents or required by law, whichever coverage is grealec Coverages, whelher written on an occurre ce
or claims- made basis, shall be maintnined without interruption from the date of commencement of the Work until the
date of finai payment and termination of any coverage required to lx maintained after final payment, and, with respect
to the Conh•actor' s completed operations coverage, until d e expiration of the period for correction of Work or for
such othu period for maintenance ofcompleted operations coverage as specified in lhe Contract Dceuments.
5. 1. 2. 1
The Coniractor/ Subcontracror' s insurer
will
have
no right of
recovery
or subrogation against
the Ovmer,
I
it
being the inteMion of the parties that the insuranec policies so affected shall protect both parties and the primaty
coverage for any and all losses covered by the below described insurance. 77ie Contractor shall provide a specific
waiver of subrognlion for the Worker' s Compensation coverage.
A A Document A105'"-
Init
eservetl.
E007(
formerly
AtOSTM-
7999 xntl At06"'-
WARNING: Thb AIM Oocument b prot cleA
7993). Copytlght 01993 antl 2007
by U. S. CopytlBht 4w
ntl
by TheAmerican InstiNte
Intem llonal Tw tlas. Umulhotlz E
of
Architec45. Wl tlghts
rcproAuction artlbtdbutlon
f
e/
UteAlMAocum nqoranyponlono( 14m yro uklnwv roclvll nticAmin Ipenaltlu, nOVAUb pmsecutctltothomaxlmum atentpossibbuntler
the law. This documentwas pmduced byAlA soHware e110: 38: 12 on Oi/ 092 i4 untler Ortler No2576547621_ 7 which expires on O6/ 73/ 2074, entl is noi( or
UserNotes:
resaie.
4
I
20332t8924)
V
5. 1. 2. 2 The Owner shall be named as an additional insured as regards negligence by the contractor using I50 Form
CG 2010( 11/ 85). Contractor hereby s[ ipulates that it has read and is fully aware of and completely understands its
righls
a
under
La. R. S. 9 §
eement contained
in,
2780. 1( C) ( 2010 ACT 492)
collateral
to,
or
affecting
which
provides
lhat any
provision,
clause,
a construction wntrac[ which purports[ o require
1
covenant, or
the Coniractor to
procure liability insurnnce covcring Ihe aGs or omissions or both of he Owner, its employees or agents, or the acts or
omissions ofa third parly ovcr whom ihe Contrac[ or has no control is null, void, aud unenforceable. In order to induce
i
R. 5. 9
E
funds
i
theOwnertoawardthisProjccttoContractorandenterintothisContr
2780. 1( C) ( 2010 ACT 492)
would
cause an
ct, recognizingihatcompliancewithl. a.
inerease to the Owner'
s cost of the
Project
and reduce the
available to pay Contrector for construction of the Project, Contrecror hereby s[ ipulates and irrevocably agrees thal, in
consideration for the Owner awarding this Contract, Contractor expressly, Imowingly, voluntarily waives, forever
.
I
renounces and intentionally relinquishes i s known and currently existing rights under La. R.S. 9§ 2780.]( C)( 2070
ACT 492) including hut not limited to, any prohibition which may exist under hat statute regarding the procurement
of insurance covering he liability ofthe Owner, or naming the Owner as an additional insured on policies ofinsurance
obtained by the Contractoc Contractor acknowledges ihat $ 1000 of lhe ConUact Sum is coosideralion for this
voluntarily waiver a d intentional relinquishment ofall ofContractor' s known and currently existing rights under La.
R.S. 9 § 2780. 1( C) ( 2010 AC7' 492), and to compensate Contractor for the procurement of insuranee wvering the
Owner' s liability. This waivcr shall remain in ftill force and effect even should either party terminatethis Cont act for
cause or materially breach[ his Co h'ac[.
5. 1. 2.3 The insm nce companies issuing the policy or policies shall have no recourse against the Owner for payment
of any premiums or for assessmeNs under any form of policy.
5.1. 2.4 My and all deductibles in the below described insurance policies shall bc assumed by and be for the amount
of, and at the sole risk of the Conlractor.
5. 1. 3 CertiScates of insurance acceptable to the Owner shall be filed with the Owner within ten( 10) days of the
award of the Contract and prior to signing the Contract and hereafter upon renewal or replacement of each required
policy of insurance. 7'hese certificatcs and the insurance policics required by this Section 5. 1. 1 shall contnin a
provision[ hat coverages afforded under the policies will not be canceled or allowed to expire until at Ieast 30 days'
prior written notice has becn given to the Owner. M additional cer[ ificate evidencing conlinuation of liability
covcrage, including covernge for completed operations, shall he submitled with lhe final Application for Payment as
required by Section ] 2. G2 and therealler upon renewal or replacement of such coverage until ihe expiration of the
time required by Section 5. 1. 1.] nformation concerni g reduction ofcoverage on account of revised limits or claims
paid under the Gcneral Aggregale, or both, shall be fivnished by he Contractor with reasonable prompMess in
accordance with the Contractor' s information and belief. Insurance is to be placed with the insurers with an A. M. Best
rating no less ihan A-: VI. This rating requirement wil] be waived for policies written Ihrough InstiWte of London
Underwriter( ILL companies. All notices will name the Contractor and identify the specific Project and site. The
insurance to be furnished by the Contractor is described below.' I' he Contractor shall cause the commercial liability
coverage required by[ he Contract Documents[ o include( 1)
the Owner and the Owner' s Program Manager as
additional insureds for claims caused in whole or in pait
by thc Conhactor' s negligent acts or omissions during the
Conttactor' s operalions; and( 2) he Owner as an additional insured for claims caused in whole or in part by the
Contractor' s negligent acts or anissions diving the Contractor' s wmpleted operations.
5. 1. 3.1 Workers' Compens
Exception: Employers
tion--
liability
Statutory—
in
compliance with
to be$ 1, 000, 000. 00
when work
tlie
is to be
Compensation Law
ovcr water a
of
Louisiana.
I
maritime exposures.
I
the
d involves
i
S[ ate
of
5. 1. 3.2 Commucial Gene• al Liabilily Insurance with a combined single limit per occurrenee for bodily inju y and
property damage. This insurance shall include coverage for bodily injury and proper[y damage, and indicate on the
Certificate of Insurance which of the seven( 7) coverages required below are not included in the policy, if any:
i. Premises— Operations
2. Broad Form Contractual
5.
Lia6iliTy;
Personal
and
6. Broad Form
3. Products and Completed Ope ations;
7. Explosion,
4. Use of Independent Contractors and Subcontrzctors
n•
AIA Document A106"'-
2007 Qormerly A105'"-
I
Advertising injury;
Property Damage;
i
Collapse and Underground( XCIn Coverage
1993 antl A205T"- 1993). Copyrighl m 1993 and 2007 by The American InstiWle of Architecis. All dghls
reeervetl. WARNING Thl AIA Docum nt b proteclM by U.S. Gopytlpht Law ntl Intem tlonai Treatks. Unauthotlxatl roproducHon qrEiitdbutlon of
Nis A1A Documenq ar any potllon o( It, may rosult In severe elvil anE edminal pm itiea, ntl wi i be prowcutrE to th m ylmum exhnt pwsWla untler
5
N bw. This docomenl was produced Ey AIA sotlwaro a110:09:43 on 07/ 09/2014 under Order No2576597621 1 which expirea on O6H3/ 2074, eM Is not for
resale.
UserNotes:
7095653686)
I
I
Nole: .. On 1J e cerfificatiorv of i vsui ance, moder Uve desG•iptibn of opei afiwes, Yhe jollmviiig vorAing. is.
reguii ed; PHE. IGGRF.GATF,.I.OSS LIMIT APPG/ ES TO EACNPRO.TECT, or a. copy af! SO Porur GG2503 ( Ed
T7- 85} shall be sabmitted
.. .
-
Nole: Tlie R odacts and Completed- Operations shall be maintained for hro ( 2)) eavs aJler the dale of .
i ecor•ding of the Notice hy 2rvner ofAcceptance of Work .
r •
COMBINED SINGLE LIMRyCSL)- AMOUNT OF INSURANCE REQUIRED
Type
Projects
of
y
,
Projects$ 1OQ001 =
Under -
"-$
Conshvction
100, 000
I, 000, 00
SOQ000
1,
1, 000; 000
2, OOQ000
.
ProjeCts Over
000,000--
NewBi ildings. . ,`'
r
Each Occun ence/
Minimum L mrt
F ,
-}
t.. $
000, 000
,
3, 000,000
_ ,
-.
-
Ag,n' egate ?
.
, :$
G; 000, 000
.' ;
RenoVations
s.-r.The building( s) value will he used to determine tl e amount: :
r
r
v
.
fiach Occurrence/ ,,; -
r
$
500, 000*** . .
Minimal Lim t
Depends
a
r.
l"=
x .,..
A g'
ate
B.,_
.
-
i- ] 3uildingValue) ,
•
r
e
1; 000; 000***
on
Depends
'(
-
BuildingValue)'-
1; 000; 000`"'•
i' ;.-( Depends
y,.;;
$
,
3; OOQ000***
-
Depends on;
BuildingValue). _
..
.
E
.
on .- .
on
Ruilding Value)
r.
...
2; 000; 000*"*
6, 000; 000*'•
Depends
Depends on
on
Buiiding Value).:
=
Building Value)
'.
While the i nnbin m combmedsirtg]eIinti! bf$500,000 is ragtri ectjora(7 renovatia s, ihe rah e ofa bnil ling s7va1!
r
.'
- :
Ge nt: lfiplied by 10% an l in.gerrance i•egt irenrents uil( 6e inci eased at $7; 000,000 in'iervals and io:rnded to IHe nearèst$
7. 000, 000. ';; :
j
5.1. 3! 3 Business Automobile Liatiility InsurBnce wiNi a combined single limit of$ 1, OOQ000 per occurience foc
bodily injury and property damage, unless othc wise indicated. - This:insiirance shall include for bodily injury and ._
pi oncrty damage ihe following covernges and at Ie2st as provided by ISO Form CA0001 ( 12/ 90):. . .
x' f .
Owned' aotomobiles; ;,,.
i2>' Aired automobiles
3
Non- owned aulomobiles..
.. . .
.
x.,.
5,1. 3. 4 An' Umbrella Yolicy may be used to meef minimum requirements.
f
.
51. 3:5 For a: project involqingroofing woik,.the-Conti actor' s general liability coverage musCinclade a pollution
. .
liability coverage ez[ension which affords"coverage for claims resulling ti om jobsite fi mes and vapors; In the event ' - . -
ry.. .,, -<.
ihe roofing.work isto be performed by a Subcontracta; the Contractor shall require the Subcontractoc to provide a . _
Certificate- of.lnsui• nce for general liability coverage with a pollotion liability coverage extension which affords
coverage for claims resulting from jobgite fumes and vapors: In such case, the Subcontractor shall Imve' the-OwneP
named
. -. as en additionnl insared and the Certificale ofL surance shall comply witN the otUer requiremenfs set forth in , .
Art ole5.-.
' -
._ :
3.,. g
5. 1. 3. 6 " All prope ty losses shall be made paya le to_and adjiisted with the Owrier: .
5. 1. 3. 7
All policies of insurairee and certificates. ofi surance shall: tic approved by the Ownev' s insu ance advisor '
priorYo the Owner signing the Contrack
5. 9. 3.8
Otlierinsurancerequiredisas. follows:
AIADocumentA105'"'- 2007( formerlyA70b'"'
reservetl:
..
WARNINGdhis' NA
1993endAY06 -
7993). bopyright
1993antl2007byTheAmerfcanlnstituteofArchitecis. Allrlghts
Documetltiq: protectetl0y' UtSLopytl8ht14awan'dlnterriatlona7TreaHes. UnautMorizetlieprotlucUotl' ot'tli6tribLtfonC%.,
th7sAiAa"Do'cumant, ora rypoitlonol tt, may iasulUn' se3efe cfvllaKdcriidlnaipanallles„'andwllibepru"se,"culaAtothe,mekimuinexten[ pqasl0le nde7
Aha Iew..This documeniwas producedbyAlA sMlwaia a( 10: 08:43, on 1%09/2014 unaerOrtler No2 5 76 547621= 1wFicti ekpires on 06/ 19/ 2074, add is not( o '
resale.Notes:
.. _
Use
1095653886)
-.
6
.''
5. 1. 3. 8.1 Owner' s and Contractor' s Protective Liability Inswance shall be furnished by the Contractor and name St.
John the Baptisl Parish as thc Insured.
Projects$ 100, 001-$
CSL— Ench Occun
1, 000, 000
ProjectsOver$ 1, 000,000
I, OOD, 000
ence
3, 000, 000
5. 1. 3. 9 RISKS AND INDEMNIFICATIONS ASSUMED BY THE CONTRACTOR
5.1. 3. 9.1 lf any of he Property and Casualty inswance rcquirements arc not complied with at iheir renewal dates,
payments to the Controctor will be withheld until thosc rcquircmcnts have bcen met, or
t the option of the Owner, lhe
Owner may pay thc Renewal Premium and wi hhold such papncnts from eny monies duc thc Contrac[or.
5. 13. 9. 2 If,at any[ ime, any of the foregoing policies shall be or becomc unsatisfactoiy to the Owner, as to form or
substance, or if a company issuing any such policy sha l be or becomc unsalisfnctory to the Owner, the Contract shall,
upon notice to that effect from the Owner, promptly obtain a new policy, submit the same to tlie Owner for approval
and submit a certificate thereof as hereinabove providcd. Upon failure of the Coniractor to fumish, deliver and
maintain such insurance as above provided, this Contract, at the election of the Owner, may be forthwith declared
discontinued or terminated. Failure of the Coutractor to take out and/ or maintain or the taking out and/ or
maintenence ofany required insurance, shal I not rel ieve the Contractor from any liabi lity under Ihe Contracl, nor shall
suspcnded,
I
the insurance requirements be construed to conflict with or otherwise limit the obligations ofthe Conhactor
concerningindemnification. TheOwnerreservestherighttorequirecomplete, certifiedcopiesofallrequired
insw ance policies, at any time.
ARTICLE 6
GENERAL PROVISIONS
6. 1 THE CONTRACT
Ihe Confract represenis ihe entire and integratecl a
I
eement bcfween fhe pa 1ies and supersedes prior negotiations,
representations or agreements, either written or orai. The Contract may be amended or modified only by a written
modification in accordance with Article 10.
6. 2 THE WORK
The term" Work" means ihe
construction and services required hy the Contracl Documents, and includes all other
Iabor, materials, equipmen[ and services provided, or to be provided, by the Contractor to fidfill the Contractor' s
i
obligetions.
I'
6. 31NTENT
7he intent of Ihe Conlrac Documents is to include all items necessary for the proper execulion and completion ofthe
Work by the Conh•actor. The Contract Documents are complementary, and what is required by one shall be as binding
as ifrequired by all.
6. 40WNERSHIP AND USE OF OWNER' S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
Documents
prepared
by
the Owner'
s
Representative
are
for
use
solely
with respect to this
Project. The Owner
i
I
shall
retain al] common law, statutory and other reserved rights, including the copyrigl t. The Contractor, subcontractors,
sub- subcontraclors, andmalerialorequipmenlsupplicrsarcauthorizedtouseandreproducetheinstrumentsofservice
solely and exclusively for execution of the Work. The insU•uments ofservice may not be used for other Projects or for
additions to his Project outside the scope of the Work without the specific written conserit of the Owner.
I
ARTICLE 7
I
OWNER
7'hc Owner has retained lhe services of Royal Engineers& Consultants, LLC as its Program Managcr. The Program
Manager is the Owner'
s
Representative
and
Agenl for
all matters except
for
adjust nents
in the Contract Sum
or
I
ConVacl Time.' Ihe Owner designates its Program Mana er to acl on ils bchalf involving matters ofthe Contract Sum
or the Conhac[ Time.
7. 1 INfORMATION AND SERVICES REQUIRED OF THE OWNER
7. 1. 1 Ifrequested by lhe Contractoq the Owner shall furnist all neccssary surveys and a legal description of the site.
AIA Document At06*"'- 2007 Qortnerly A706•"ronorvotl. WARNMG Thle AIA
1995 and A20b"'— 799J. Copy iph 0' 1993 antl 2007 by The Ame ican Inslitule W Arohiteck. All Aghts
Dacument le protected by LLS. Copyrtflht L w end Inbm llond Tn tt s. Uneuthodzed reptoducQon ortlletdbuliEn of
thbAlA Docum nt, or nyportlonoHqmryrosultinnwnciv{Iandcdminalp ntltl,
lh
ntlwlllb prUs culYtlloth maxfmumexbntpossiblsuntlar
aw. This tlocument wes produced by AIA soMvare at 70: 09:43 on 01/ 09@014 under Order No2578547821_ i which expires on Ofi/ 13@074, and is wlfor
resela.
UserNates:
1095653686)
I
f
i
i
7. 1. 2 Except for permits and fees that are the responsibility of the Conh acror under ihe Contract Docwnents, the
Owner shall obtain and pay for other necessary approvals, easements, assessments and charges.
7. 20WNER' S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with[ he Contract Documents, the Owner may direet
the Contractor in writing to stop the Work until the correclion is made.
7. 30WNER' S RIGHT TO CARRY OUT THE WORK
If lhe Contractor defaults or neglecls to carry out the Work in accordance with the Contract Documents and fails
within z seven day period after receipt of written no[ ice fi om the Owncr lo commence nnd continuc wrrection of such
deFault or neglect with diligence and promptness, the Owner may, without prejudice to othcr rcmedics, correct such
deficicncies. In such case, the Contract Sum shall be adjusted to deduct the cost oTcon ection from payments due the
Contractor.
7. 40WNER' S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
7. 4. 1 The Owner reserves the righl to perfonn cons ruclio or operalions related to the Project with 8ie Owner' s own
forces, and to award separate contracts in connection with other portions of the Project.
7. 4. 2 The Contractor shall coordinate and cooperate with the Owner' s own forces and separate conh actors employed
by the Owner.
7. 4.3 Costs
enused
by
delays
or
by improperly
timed
aclivities or
dctective
constructioo shall
be borne
by
the party
i
responsible[ herefoc
ARTICLE 8
CONTRACTOR
8. 1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
i
8. 1. 1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become
familiar with local conditions under which the Work is to be performeA and correlated personal observations with
I
requirements of ihe Contracl Documents.
I
8. 1. 2 7he Conh actor shall carefully sh dy and compare the Contract Documents with each other and with
information furnished by the Owner. Before commencing activities, the Contractor shall( I) take field measurements
and
verify field
condilions;(
2) carefully
comparethis and olher
information known Lo lhe Contrector
with
theContract
j
Documents; and( 3) promptly report errors, inconsistencics or omissions discovered lo the Owner' s Representalive.
8. 2 CONTRACTOR' S CONSTRUCTION SCHEDULE AND SCHEDULE OF VALUES
j
The Contrac[or, promptly after being awarded the Contr c, shall prepnre and submit for the Owner' s review and
approval a ContractoPs construclion schedule for the Work, and an ilemized schedule ofvatues.
8. 3SUPERVISION AND CONSTRUCTION PROCEDURES
8.3. 1 The Cont actor shall supervise and direct the\ Vork, using the Conhactor' s best skil and atlentioa The
Contractor shall be solely responsible for and have conh'ol over conslruclion means, methods,[ eehniques, scqucnccs
and procedw es, and Por coordinating all pw'tions of the Work.
8. 3. 2 The Contraclor, ns soon as practicable afier award of the Contract, shall furnish in writing to the Owner
through the Owner'
s
Representative, the
names of subcontractors or suppliers
for
ench portion of
the Work. 7' he
I
Contractor shall not confract with any subconiractor or supplier to whom lhe Ovmer or Owner' s Representative have
made a timely and reasonable objection.
1
8. 4 LABOR AND MATERIALS
8. 4.1 Unless otherwise provided in the ConVact Documents, the Contractor shall provide and pay for] abor,
materials, equipment, tools, utilities, iransportation, and other facilities and services necessary for proper exewtion
and completion oftl e Work.
InIR
AIA Document At06""— R00]( formerly A106T"— 1991 and A206*"— 1993). Copyright m 1893 and 2007 by The American InsGWle of Archi ec s. All rights
eservotl. WARNING: ThB AIA Oocumani la pmtected by U. S. Copydpht Lawand Inlerna0onal TaaUes. Unauthodnd roprodvctlon ortlislributlan of
thls AIA Document, or any portion o( tt, m y nault In wen civil entl cdminal panaitla, ntl wt0 b prose< ubtl to lh m aMnum ax4nl poaalbis untlrt
lhe iaw. Thls tloc meniwas praOucetl byAlA software at 10: 09:43 on 01/ 092014 under Order No2576547fi2? 1 which expires on O6/ 13/ 2074, and is not for
resale.
UserNoles:
1095653686)
8
il
I
8.4. 2 The Contractor shall enforce s6 ict discipline and good order among the Contractor' s employees and other
carrying oul the Contrac[ Work. The Contractor
skilled in taslcs assigncd to them.
persons
shall not permit employment of unfit persons or persons not
i
I
8. 5 WARRANTY
Ihe Conhactor
warrants
to the Owner
and
Owner'
s
Representative lhat:( I)
malerials and equipment
fiimished
under
i
ihc Conhacl will be new and ofgood quzlity unless otherwise required or permitted by the Contract llocuments;( 2)
he Work
will
be free
o n
deCects
not
inherenl in tlie quality
required or pe initted; T
d( 3) tt
e
Work
will co
form to
I
the requirements ofthe Contract Documents.
8. 6 TAXES
I
The Conh•actor shall pay sales, consumer, usc and similar taxcs that arc lcgally required when the Contract is executcd.
8. 7 PERMITS, FEES AND NOTICES
I
87.1 The Conh actor shall obtain nnd pTy for[ he building permit and ofher permits and governmental fees, Iicenses
and inspections necessary for proper executiai and completion of the Work.
83.2 The Conlractor shall comply with and give notices required by agencies having jurisdiction over the Work. If
ihe Contractor performs Work knowing i[ to be conhary to applicable laws, statules, ordinanecs, codes, rules and
regul tions, or lawful orders of public authorilies, the Contrector shall assume full responsibility for such Work and
i
shall bear the attributable costs. The Contractor shall promptly no[ ify the Owner' s Representative in wri ing ofany
known inconsistencies in ihe Cont nct Documents with such governmcntal 1aws, rules and regulations.
i
8. 8 SUBMITTALS
The Contractor shall promptly review, approve in writing and submit lo Ihe Owner' s Representative Shop Drawings,
Product Data, Samples nd similar submittals required by the Contiact Documents. Shop Drawings, Product Data,
Samples and similar submitlals are nol Contract Uocuments.
8. 9 USE OF SITE
77 e Contractor shali confine operations at the site to areas permitted by law, ordinanccs, permits, the Contract
Documents and the Owner.
8. 70 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fit[ ing or patching required to complete fhe Work or to make its parts
fit together properly.
6. 11 CLEANING UP
The Conhactor shall keep the premiscs and surrounding arca fi•ce from accumulation of dcbris and trash related ro thc
Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery and
surplus material; and shall propedy dispose ofwaste materials.
6. 121NDEMNIFICATION
To the fiillest cxtcnt permitled by law, ihe Conhactor shall indemnify and hold hannless the Owner, Owner' s
Representative, OHmer' s Representativds consultants and agents and employees of any of them from end against
claims, damages, losses and expenses, indudin but not limited to attorneys' fees, arising out of or resulling from
performance of ihe Work, provided hnt such clnim, damage, loss or expense is attriHutable to bodily injury, sickness,
disease or dealh, or to injury to or destruction of angible property( other ihan the Work itselQ, but only to lhe extent
caused by the negligen[ acts or omissions ofthe Conhactoq a subcontractor, anyone directly or indirectly employed by
Ihcm or anyone( or 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 hereundev.
ARTICLE 9
OWNER' S REPRESENTATIVE
9. 1TheOwner' sRepresentativewillprovideadministrAtionoftheContrac[ asdcscribedinlheContractDocuments.
The Owncr' s Represemative will have authority[ o act on behalf of the Ovmer onty to the ex[ent provided in the
Coniract Documcnts.
i
Init.
AIA Documenl A106*"-
2007(( ormeAy A106"^-
1993
antl
A206L°-
1991). Copyright m 7993
anA
2007
by The American Institute d Architects. Ni
rights
res¢rvod.
WARNING: Thie AIA Uocument le pmGetetl by U.S. Copyri9 l L wand Inbmaltanai Tnallo. Unnuthadzatl nprotluetion ordittrlbutlon of
lhb AIA Uoeum nl, or any portion of i4 may ntutt in s v ro clvil an0 cdminai DBmIOu, aiM will b proseeubd lo lh maxlmum ximt pm lbb une r
th
9
I
I w. ThisdocumentwasproducedbyAlAsoflwareatlP.W:<3onOt/ 032019underOrderNo2576547621_ iwhbhexplreson08/ 73@014, antlisnalfot
I
resale.
UserNotes:
1095653fiBfi)
E
T
I
9. 2 The Owuer' s Representative will visit the site at intervals appropriale to lhe slage of construction to become
generally familiar with the progress and quality of the N'ork.
9. 3 The Owner' s Representative wil I not have control over or charge of,and will not be responsible for, construc[ ion
mcans, methods, tuhniques, sequences or procedures, or for safety precautions and programs in wnnection with the
Work, sincc these are solely the Contractor' s responsibility. The Owner' s Representative will not be responsible for
the Conll'actor' s failure to cany out the Work in accordence with the Contrac[ Documenis.
I
I
9. 4 13ased on the Owncr' s Representztive' s observations and evaluations of the Contractor' s Applications for
Pnyment, the Owner' s Rcpresentative will review nnd certify the nmounts due the Contractor.
9. 5 The Owner' S Representative has authority to reject Work[ hat docs not conform to ihe Contracl Documents.
9. 6 The Owner' s Representa[ ive will prompdy review and approvc or take appropriate ac[ ion upon Conlractor' s
submitlals, but only for the limited purpose ofchecl<ing for conformance with information given and the design
concept expressed in the Conh acl Docwnents.
I
9. 7 The Own'
s Represcntative will promptly interpret and decide matters conceming performance under, and
requiremenls oT, ihe Contract Documents on vn itten requcst lrom either the Owner or Contrncror.
9. 6 Interpretations
and
decisions
of
the
Ownei'
s
Representative
will
be
consistent with the
intent
of and
reasonably
I
inferable from the Contrnct Documents a d will be in writing or in ihe form of drawings. When making such
inlerpre alionsanddecisions, theO mer' sRepresentativewillendeavortosecurefaithPolperformancebybothOwner
and Contrnctor, will not show partiality to either nnd will not be linble for resulis of interpretations or decisions
rendered in good faith.
i
9.9 The Owner' s Representative' s duties, responsibilities and limits of authority as dcscribed in lhe Contracl
Documen[ s shall not be changed without wri ten consen[ of ihe Owner, Conhactor and Owner' s Representative.
Consent
shall not
be unreasonably
withheld.
ARTICLE 10
CHANGES IN THE WORK
10. 1 The Owner, without invalidating the Contrnct, may
Contract consisting
of additions,
deletions
I
order changes
or other revisions,
in ihe Work
within
i
the general scope of the
the Contract Sum and Contract Time
being
i
adjusted
accordingly in writing.
I
10.2 7he Owner' s Representative will have authority to order minor changes in the Worlc not involving changes in
the Coniract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Such orders
I
shall be in en iting and shall be binding on the Owner and Contractor. The Contractor shall carry out such orders
promptly.
10.3] f concealed or unknovm physical conditions are encoun[ crcd al thc site tha difPer materially from those
indicated in the Conlract llocuments or from ihose conditions ordinarily found to exist, ihe Contract Sum and Contract
Time shall be subject to equitable adjustment.
ARTICLE 11
TIME
11. 1 Time limits stated in ihe Contract Documents are of ihe essence of lhe Contrect.
11. 2 The Contractor agees to commence the Work not later than the dnie set for h in the written Notice to Proceed
issued by the Owner, and to achieve Substantial Completiou of ihe Work within ihe[ ime stated in the Contract
Documents, and to achieve completion of the Yunch List within the time stated in the Contract Documents. The
Conhactor and Owner mutually agree that the Owner' s operations will be negatively impac[ed and the Owner wil]
damage that will be impracticable and extremely difficult to quanlify if Subs[ antial Completion of the Project
and Punch List completion are not achieved within the time set forth in tlie Ccmtract Documents. The Coniractor and
sustain
the ContrTctor' s Surety shall be Iiable for and shall pay to the Owner liquidated damages, which shall not be
considcred a penalty, in the amount stated in the Contract Documents as fixed, agreed upon and Liquidated Damages
for each cxlendar day( Saturdays, Sundays, and legal I olidays included) that Substantial Completion is delayed
beyond the time slated in the Coutract Documents, und for each calendar day that completion of the Punch List is
AIA Documanl A106"— 2007( formerly A106^'— t999 antl A205*"— 1991. Copydght m 1993 and 2007 by The American InstiWte of Architects. All tlghts
resorvatl. WARNINC Thi AIA Document Ia Oroteeted by U. S: Copyrtght Lawantl InNrnatlonN Tnatlas. Unauthoriz¢tl roproductlon orEf trlbution of
thlsAlA< Docummt, orAnyportionofl4mayresulUnswenelvll nticdmin Ip n IHn, endwiilb pma cutetlfoth maxlmomexNntpouibbund r
lh Nw. This Oocument was protlaced byAlA soflware at 10: 09:43 on 01/ 09/ 2014 untler O der No2570507621
which expires on O6H3/ 2014, and is not( or
UserNotes:
resele.
1095653686)
I
dclaycd beyond theiime stated in the Contract Documents, as more specifically set fodh in the Agreement. The Owner
be
all sums
that
are
due thc Ow
cr as
Liquidated Damages in any
manner available,
j
f
shall
entitled
to coilec[ any and
including bu[ not Iimited to withholding ihe amounts duc to the Coniractor for Progress Payments or Final Payment,
deducting the I. iyuidated Damages due by a Cons ruction Change Directive, or collecting the amounts due from the
Contractor or the Contracror' s Surety.
ARTICLE 12
PAYMENTS AND COMPLETION
12. 1 CONTRACT SUM
7' he Conirac[ Sum stated in the Agreement, including authorized adjushnents, is thc total amounl payable by die
Owner to the Contractor for performance of the Work under the Contract Documenis.
12. 2APPLICATIONS FOR PAYMENT
12. 2. 1 At least icn days bcfore ihe date estnblished for each progress payment, the Coniractor shall submil to tlie
Owner' s Representative an itemized Application for Paymcnl for Work compleled.
Each Application for Paymenl
shal I be based on thc most recent schedule of values submitted by the Contractor in accordance wilh the Contract
Documents. " I' he schedule of values shall allocnte lhe entire Contract Sum among Ihe various portions ofthe Work.
71 e schedule of values shall be prepared in such form and supported by such dnla to substantia e its accuracy as the
Owner' s Representative may require. This schedule, unless objected to by the Owner' s Representative, shall be used
as a basis for reviewing ihe Con ractor' s Applicetions for Paymcn[. If approved in dvance by the Owner, pnymcnt
may simi larly be made for materials and equipme t stored, and prolecled Gom damage, offthe sile at a location agreed
upon in writing.
12.2.2 The Conhnctor wa ranls that tille to all Work covered by an Applica[ ion for Payment will pass to lhe Ovmer
no later ihan Ihe time of paymcnt. The Contractor further wan ants hat upon submittal of an Applica[ ion for Pnyment,
all Work for which Certificates for Payment hnve been previously issued and payments received from the Ovmer shall,
to the best of thc Contractor' s knowledge, informntion and belief, be free and clear of liens, claims, sewrity interests
or other encumbr nces adverse to the Owner' s inferests.
12. 3 CERTIPICATES FOR PAYMENT
The Owner' s Representative will, within seven days after receipt of the Contractor' s Application for Payment, either
issue to the Owner a Certificate for Payment, with a copy to the Conhactor, for such amount as the Owner' s
Representative determines is properly due, or notity the Contructor and Owner in writing of the Owner' s
Representa[ ive' s reasons for withholding certification in whole or in part.
I
12.4 PROGRESS PAYMENTS
I
12. 4. 1 Afler thc Owner' s Representative has issued a Certificete for Payment and the Certificate for Payment has
been
approved
by
the
Prog nm
Manager,! he Owner
shall make payment within
I
30 days.
12.42 The Conhactor shall promptly pay ench subcontractor and supplier, upon receip[ of paymen[ fi om the Owner,
nn amount detennined in accordance with the tea' ms of the applicable subcontracls and purchasc orders.
12. 4.3 Neithcr fhe Owner nor the Owner' s kepresentative shall have responsibility for payments to x subcontractor
or supplier.
12.4.4 A Ce tificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by[ he
Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contracl Documents.
I
12. 5SUBSTANTIAL COMPLETION
12.5. 1 Substantial Completion is the stage in thc progress of Ihe Work when lhe Work or desiyialed portion thereof
is sufficiently complete in accordance with the Conh'act Documents so the Owner can occupy or utilize the Work for
ils intwded use.
12. 5. 2 When
make an
the Work or
designated
inspection to determine
portion
whcther
determines tha[ lhe Work is substantially
Ihcrcof is substt ntially complete, the
thc Work is substantiatly
complete
the O
mePs
complete.
Owner'
s
Representative
I
will
Whcn he Owner' s Represenffitive
Representative
shall prepare a
Certificate
E
p
of
Substantinl Comple[ ion that shall establish[ he da e oFSubslantial Completion, shall establish the responsibilities of
the Owner and Contractor, and shall fix the time within which the Contractor shatl finish all items on the list
Init
AIA Oocument A106"-
2007( formerly At06'"'-
1983 antl A206*"'-
7881). Copyrl8h101893 antl 2007 by The American InstiWte o( Architacls. All dg Ls
o ervetl. WARNING Thb AIA Uocumont In pratecNd by U.S. Copyri9ht L w mtl Intema0ah l Tmtlan. Uneulhodatl nproducNon ortlblributbn ot
thlt/ ilA
th
Uoeum nq or any Oortlon ot It, may nsWl in s vv
civll anG criminal p naltNE, an0 wlll b
prosec Wetl to Ih
mulmum exUnt poa ibb untler
law. ThlstlocumenlwasprotlucetlbyAlAsoHwa2a170: 09: 43on01/ 09/2074underOrderNo2578547621_ lwhiche eplresonO6H3/ 201q, aMisnotfor
llaBrNot¢
resale.
s:
7095653686)
11
r
accompanying the Cenificate. Warranties required by the Cond act Documents shall commence on the date of
Substanlial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion.
4
12. 6 FINAL COMPLETION AND FINAL PAYMENT
12. 6. 1 Upon receipt of a final Application for Payment, the Owner' s Represcntative will inspect the Work. When the
Owner' s Represeo[ ative finds the Work acceptable and the Contracl fidly perfonned, the Owner' s Representative will
promptly issue n final Certificate for Payment.
12. 6. 2 Final payment shall not become due until the Contractor submits to lhe Architect( 1) an affidavit that payrolls,
bills for materials and equipment, and other indebtedness coimected with ihe Work for which the Owner or the
Owner' s property might be responsible or encumbered( less amounts withheld by Owner) have been paid or otherwise
satisfied,( 2) a certificale evidenciug that insurance required by the Conirnct Dowments to remnin in force after finnl
pnymciit is cw rently in effect and will not be canceled a•allowed[ o expire until at least 30 days' prior written no[ ice
I as becn given to the Owner,( 3) a written stntement that thc Contrac[ or knows of no substantial reason that the
insurance will not bc renewxble to cover he period required by ihe Contract Uocumenls,( 4) consent of surety, if any,
o final paymenl and( 5), ifrequired
by the Owner, other data eslablishing payment or satisfaclion ofobligations, such
as receipts, releases and waivers of liens, claims, security inte ests or encumbrances arising out of lhe Contrac[, to the
extenl and in such form as may be designated by the Owner.
i
12. 6.3 Acecplance of finxt payment by the Contractor, a subcontrnclor or materinl supplier shall constitute a waiver
of claims by that payee except those previously made in wri[ ing and identified by that payce as unsettled at the time of
final Application Tor Payment.
ARTiCLE 13
PROTECTION OF PERSONS AND PROPERTY
1
7'he Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs,
including all ihose required by law in connection with performance of he Contract." Ihe Contracror shall[ ake
reasoneblc precautions to prevent damage, injury or loss to employees on the Work, the Work and mate ials and
equipment to be incorporated therein, and other property at the site or adjacen[ thereto. The Contractor shall promptly
remedy damagc and loss to property caused in wi ole or in pa t by the Contractor, or by anyone for whose acts the
Contractor may be liable.
ARTICLE 14
CORRECTION OF WORK
14.1 7' he Contractor shal l promptly correct Work rejec[ ed by tlie Owner' s Representative as Failing to wnform to the
requiremcuts of thc Coutract Documents. The Contractor shall bear the cosl of correcting such rejected Work,
including the cosis of uncovering, replacement and additional testing.
14.2 In addition to the Coniractor' s other obligations including wairantics under tlie Conhad, the Contractor shall,
for a period of one ycar after Substantial Completion, comect work not conforming to the requirements ofthe Contract
.
Documents.
I
14. 3 lf the Contractor fails to correct nonwnforming Wod<within a reasonable time, as determined by Owner, the
O mer may correcl it in accordance with Section 7. 3.
ARTICLE 15
MISCELLANEOUS PROVISIONS
15. 1 ASSIGNMENT OF CONTRACT
No
I
Company/ Consultnnt
shall assign
any interest in this
contract
by
I
i
assignment, transfer, or novation, without prior
v• itten consent of the Parish. This provision shall not be construed to prohibit the contractor from assigning his bank,
hust company, or othcr financial instiNtion any money due or to become due from approved contracts without such
prior writfen consent Notice of any such assignment or lransfer shall be furnished promptly to the Parish.
15. 2 TESTS AND INSPECTIONS
15. 2. 7 At the appropriale[ imes, the Contractor shall arrange and bear cost of tests, inspections and approvals of
portions ofihe Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and
regulations, or lawful orders ofpublic authorities.
15.2. 2 If the Architecl requires additional testing, tlie Contractor shall perform those[ ests.
Init
AIAOocumentA106'"-
2001(
fortneMyA106TM-
eservetl. WARNING: Thb AIA^
lhbAlA
Docum
nt, ar
Doeuroent ia
199JentlA205*'^—t993). Copydghlmi' J93antl200] byTheAmeticanlnstituteo( Amhitecls. Allrights
6y U. S. CopytlBht l wand Intamatlond Tnatien. Unauthotlzad reprotl SCHon ordisttlbution
prolected
ny0ortlonafipmayresultlnseverocivllmticdmlml0analUes, andwillb
th law. Thls documentwes produceE by AIA soflware at 10: 09:43 on 01/ 09/2074 undar Order No2576547621_ i which expires on 06/ 13/ 2074, and is not( or
resele.
UserNoles:
1095653886)
f
o/
proaecutetllotNamaz(mumeatantpoulbbuntl
r
y
2
I
i
15. 2. 3 The Owner may betv
Contract is executed.
I
wst of
tests,
inspections
or npprovals
that
do
ol
become
I
requirements until after the
15. 3 GOVERNING LAW
7he Contract shal I be governed by the law of the place where the Project is locnted.
ARTICLE 16
TERMINATION OF THE CONTRACT
16. 1 TERMINATION BY THE CONTRACiOR
If the Architect fails to certify payment as provided in Section 123 for a period of 30 days ihrough no fault of thc
I
Contractor, or ifthe Owner fails to make payment as provided in Section 12.4. 1 fnr a period of30 days,[ he Contractor
may, upon seven additional days' written nolice to the Owner and Architecf, lermioate the Coniract and recover from
the Owner payment for Work executed including reasonable ovcrhead nnd profit.
16. 2TERMINATION BY THE OWNER FOR CAUSE
16. 2. 1 The Owner may terminate ihe Contract ifthe Contractor
7
repeatedly refuses or fails to supply enough properly skilled workers or proper roaterials;
2
fails to make payment to subcontiactas for materials or labor in accordance wilh the respective
3
persistently disregards Iaws, ordinnnces, or rulcs, rcgulations or oiders oPa public authority having
agreements between the Contractor and the subconiractors;
jurisdiction; or
4
is otherwise guilry of substantial breach of a provision of the Contract Documents.
16. 2.2 W6en any ofthe above reasons exis[, ihe Owner, after consultation with ihe Architect, mny without prejudice
to any other rights or remedies of the Owncr and atier giving the Contractor and the Contrecto' s sureTy, if any, seven
days' vn'itten notice, terminate employment of the Contractor and may
1
take possession of the si[ e and of all ma[ erials thereon owned by the Contractor, and
2
finish the Work by whatever reasonnble method ihe Owner may deem expedient
76.2. 3 Liquidated damagcs havc bcen establixhed and tcrminntion by the Owner under this Article will not relieve
the Contractor and/ or Surety of thcir obligations under the liquidated damages provisions and the Contractor anNor
Surety shall be liable to the Owncr for per diem liquidated damages.
16. 2. 41fthe unpaid balance
ofthe
Contract Sum
exceeds costs
oPfinishing the Work,
such exces shall
be
paid
to ihe
I
Conhactor. If such costs execed the unpaid balance, the Contractor shall pay thc difference to the Ownec This
obligation for payment shall survive[ ermination of thc Contract.
16. 3TERMINATION BY THE OWNER FOR CONVENIENCE
The Owner may, at any time, terminate the Contract for the Owner' s couvenience and without cause. The Conhactor
I
shall be entitled to receive payment for Work executed.
ARTICLE 17
OTHER TERMS AND CONDITIONS
t). 1 Coniractor responsible Cor site safety, housekeeping and sewrity.
17. 2 Cmitractor responsible for prompt submission of close- out documents.
17. 3- Verify Yrogram
Pursuant to Louisiana Revised Stalule 382212. I Q contractor must certify ihat i and each individual, firm or
corporation associnted with it and engaged in the physical performance of services in the State of Louisiana, under a
contract with St. lohn lhe IIeptist Parish has registered with, is participating in, and shall continue to participate in a
federal work nuthori ation program designated as such under ihe Illegal Immigration Reform and Immigrant
Rcsponsibility Act of 1996, as mended, which is operated by the United States Dcpartment of Homeland Secw ity,
known as the" li-Verify" program. Coniractor must verify the legal statns of all existing and new employees in the
State of Louisiana Uy attesting he ein that each is a citizen of the United States or legal aliens as defined by now
effeclive immigration laws of the Unitcd Statcs of America.
200I( torm¢rly A106'993 nntl A206•"'- 1993. CapyrlBht 0 7993 antl 200] by The Amedcen InsllWte ot Arohileets. All rights
WARNING: Thla AIA Document b protecbd by U. S. Copytlght Law ntl Intematl0nal TroaHea. UnauthodzeA rcproAuction orAbtrlEUHon of
AIA Documenl A106'"-
t
reserved.
tM AIM Dacummt, or any poM1lon of Iq may resuk In twm clvll antl cdmind pmel0 a, and will b pros cufed to the muimum art nt pouibN undb
1h
I w. This tlocumentwas produce0 CyAIA sofhvare a110: 08:03 on O7/ 09/2019 untler O tl¢ t No.25765a e21
Ue¢
resale.
rNotes:
1 which expires on 06H3/ 2014, entl is rwtto
1095653686)
13
I
17. 4Exclusions
Pw•suan4 to Louisiana Revised Statute 382227, Company must certify that hehas not been convicted of,or has not
entered inro a plea oTguilty or nolo contendere to public bribery, oottupt influencing, extoi7ion, money laundering ot
iheir.equivalent Pederal. crimes. Consultant nnisl fiirlher cerlify that I e has not been convicted of, or has not entered
into a plea of guilty or nolo contendere to thcft, identify theft, the9t of a business record, falsc accounting, issuing
worthless cfiecks, bank fraud, forgety, contractors' misapplication of payments, malfeasance in oflice, or their
equivalent Federal cri nes wilhin the five( 5) years prior to submitting ihe proposal.
17. 5 Discbsure
i
I.
Company/ Consultant must disclose whe(her it provides services or pays coMmissions to any employee or elected
official ofSt John the Baptist Parish. ] fso, company must disdose to whom services are provided nnd/ or
commissions aie paid.. Botli positive and negative responses must be submitted:-
This A eemenl en( ered into as of the day and year first written above.
f-
OWNER( Signa7me)
`
C. - -
_
CTOR( Signaltae)-
for nmily Homes F3y Tommy encl Sheila, lnc.
Natalie H. Roholtom . -.
Yresident; St. Johii Ihe Baptist Ynrisli
r s-:
i
i
4
..
a.
t .:
s'. ;.
3:...
I
r
Anit.
.
AIA Document A106°— 2007( ormeriy At06' TM
t993 end A205
7993). CapyriBh m 1883 end 2007 by The Americen Instilute o( Arohitecis. All ri8hls
reserved. N1ARNING Tfi1sAlA^ Uocumen11e 5Totecledby US CopYAghtLawandlnla'rnutlon31Tre2tf¢e, iUneuthorizedrepraduction. orEfstriClllonroP
itifslSA° ocumenl, 6rany pBrtlonofll; meyreauRineoJeieclvlland' c?Iminelpenaltle6, anAwlllbepro9eculedtoiherneaimumextenlpossibleunder
14
t e lew: This documenlwes praducetl byAlA sofhvaie a110. 09:93 on O7/ OB%2019 unOer O deP No257654762f 1 which expires on 0617 37207 4,' end is not for
resale.
UserNoles:
1095653686)
_
I
t
'
Certification of Document's Authenticity
AIA Document D401 T"' —
2003
I,- Mlchael P Clark, Projecl Manager, hereby cerlify, to the best ofmy lmowledgc, infotmation and bclief,ihat 1 created
theattachedfii aldocumea tsinndtancouslywithit9associatedAddilionsandDcletions ReportaudtUiscertificationat
0: 09:43 on OU09/2014 undcr Order No. 257G547G21 ] from AlA Contract Documents software and that in - prepaeing the altached final document 1 made no changes to the originnl text of AIA Document A 105''T'— 2007,
Standard Form ofAgreemenl Be[ ween Owner and Contractor for a Residenlial or Small Cbmmercial Prtijecl, as
published by the AIA in ifs soflware, otlier lhao thosc additions and deletions shown in the associated Additions and
Deletions. Report.
I
Si
d)
a
Tille)
O
G
-.
hC I e
.
.
i
.
o
a
,
L- :
I
iY
Daled)
I
i
ry
r
.. .
.
I
c . .
i
..
i
AIA Dacument 090Y"`- 4000. Copyri9hl
1992 and 2003 Cy The fvnerican InsliWta oflvchilects. All rights r¢serv¢ d: WARNINGFTtile' AIA° Oucu rienVis
prolectetl by U.S: Gopyrlg t Law'eptl' Int¢ mztlonel Trealias. Unauthprizod repmducllon ui,d(stdbutlpn of( hb AIAm D,ocument or any' po'rlion bl lf, m4¢'resull In savere cleil antl& iminal peqalties; and will be prqaecutetl to lhe ina+imum erhnt posnibie,tintler't e leỳi: Thls Awumerilwes proEucetl byAlA
software et 70: 08:43 an 01/ 09/2074 untlar Order No2578541621 ' I which e
USe Noles:
ires on O6/ 73/ 2014, and Is nol for resale.
1095653686)