HomeMy WebLinkAbout220 W Lake Mary Blvd - BC18-004743 (a) Tenant Improvementjx
I
C .
I T Y OF PERMIT APPLICATION x.
ANFORD
BUILDING
DIVISION Application NO: 43 iz
Documented
Construction Value- $ Job
Address: Historic
District: Yes[] Nou Parcel
ID: Residential[]
Commercial Type
of Work: New Addition AlterationEl Repair [] Demo[ Change of UseEl Move 0 Description of Work:
Plan Review Contact
Person: 77 -1-=a
ovy) Phone: %3')_ZQT
z Fax- Email: —&I T ac • c Property Owner information
Phone- LR27 Name
Street Residentof
property?: L City, State
Zip: L Contractor Information Name
Phone- 57
City, State
Zip:
State License No.
Architect/Engineer Information
Name: Street: City,
St,
Zip:
L6LLf_ Bonding Company* Address:
Phone :_4L—
L1_,:_
3! 1:8-oa--_ Fax: 2-559 —
E-mail: ty'
CL" Mortgage Lender: Address;
WARNING TO
OWNER,
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTSTOYOURPROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THEJOBSITEBEFORETHEFIRSTINSPECTION, IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDERORANATTORNEYBEFORERECORDINGYOURNOTICEOFCOMMENCEMENTApplicationishereby
made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to die issuanceofapermitandthatallworkwillbeperformedtomeetstandardsofalllawsregulatingconstructioninthisjurisdiction. I understand that a separate
permit must be secured for electrical work, plumbing, signs, wells, pools, furnaces, boilers, beaters, tanks, and air conditioners,
FBC 1053 Shall be inscribed with the date of application and the code in effect as of that date: 6" Edition (2017) Florida Building Code
NQJL(J,: in addition to the requirements of this permit, there may be additional restrictions applicable to this property that maybe found in the publicrecordsofthiscounty, and there may be additional permits required from other governmental entities such as water management districts, state
agencies, or federal agencies.
Acceptance of peril -kit is verification that I will notify the owner of the property of the requirements of Florida Lien Law, rS 713,
The City of Sanford requires payment of a plan review fee at the time of permit submittal. A copy of the executed contract is required in order to
calculate a plan review charge and will be considered the estimated construction value of the job at the little of submittal. The actual construction valuewillbefiguredbasedonthecurrent. FCC Valuation 'table in effect at, the tirric the permit is issued, in accordance with local ordinance. Should calculatedchargesfiguredofftheexecutedcontractexceedtheactualconstructionvalue, credit will be applied to your permit fees when the permit is issued.
Q-WNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will he
done in compliance with all applicable laws regulating construction and zoning.
Aig"natune of Contractor/ Agent Date
I I1fC -eu
pritu Cotur3ctor/Agcru's Name
Z00190 E)E) # U0!SskWWo3
nP11% 10 alelS -:)!Iqnd AjeloN
V. 83300A f VNNOO `W"' J.g1.attire o1 llowr-y-11alcofflmila D
V
OwnerIA&erlt is 7-e to Me or Contractor/Agent is Personally Known to Me or
a Produced ID Type of ID
f, Notary Public - Stale of Florida
0CommissionGG067002
b 19 0V," My Comm Expires Feb 19.2021F221irp OFFICE80n&--4 1hnX9h National Notary AssnNotaryh =NA 13ELOW IS FOR CE USLONLY
Permits Required- Building El Electrical, El Mechanical D PlunibingE] Gas Roof El
Construction Type, Occupancy Use:
Total Sq Ft of Bldg: ----- Min. Occupancy Load:
Flood Zone:
of Stories: --.--
New Construction. Electric - # of Amps plumbing - # of Fixtures -.-
Fire Sprinkler Permit: Yes [] No M # of Meads
APPROVALS: ZONING;
ENGINEERING:
COMMENTS:
UTILITIES:
FIRE:
Fire Alarm Permit: Yes No F]
WASTE WATER:
BUILDING: a Al
COUNTY OF SEMINOLE
IMPACT FEE STATEMENT
Oc:)q_1
11 ALA.
BUILDINGTAPPLICATION I#:
19 10000061 DATE: January 28, 2019
BUILDING PERMIT NUMBER: 19-10000061
UNIT ADDRESS: LAKE MARY BOULEVARD W 210 11-20-30-523-0000.0010
TRAFFIC ZONE•022 JURISDICTION: SEC: TWP: RNG: SUF: SUBDIVISION: PARCEL:
PLAT BOOK: PLAT BOOK PAGE: BLOCK:
TRACT:
LOT:
OWNER NAME:
ADDRESS:
APPLICANT NAME: BOULEVARD PLAZA LLCADDRESS: 3200 N MILITARY TRAIL STE 400 BOCA RATON FL 33431
LAND USE: SIT DOWN RESTAURANTTYPEUSE:
WORK DESCRIPTION: CITY-SANFORDSPECIALNOTES: 210 W LAKE MARY BLVD / PARVA BAKERYCOLOMBIANBAKERYANDCAFE1000SF
E BENEFIT RATE UNITTYPEDISTSCHEDRATE
CALC
UNITS
UNIT TOTAL DUE
TYPE
ROADS -ARTERIALS CO -WIDE ORDRestaurant - Sit Down*
ROADS -COLLECTORS N/A
Restaurant - Sit Down*
FIRE RESCUE N/A
LIBRARY N/A
SCHOOLS N/A
PARKS N/A
LAW ENFORCE N/A
DRAINAGE N/A
CREDIT FEES:
SCI ROAD ARTERIALS C
Retail 50-99999 Square Feet
4,340.00 1.000 100onsft
00 1.000 1000nsft
4,340.00
00
00
00
00
00
00
00
2,494,00 1.000 1000gsft 2,494.00- AMOUNT DUE 11846.00
PERSONS ARE ADVISED THAT THIS IS A STATEMENT OF FEES DUE UNDER THESEMINOLECOUNTYROAD, FIRE/RESCUE, LIBRARY takAND/OR EDUCATIONALISSUANCEOABUILDINGPERMIT.
PERSONS R ANYLCALCULATIONTOFTANY SABOVE HMENTIONEDNIMPACTOFEESTOAPPEALTHEOFITHEMUST
BE EXERCISED BY FILING A WRITTEN REQUEST WITHIN 45 CALENDAR DAYSOFTHEDATEABOVE, BUT NO LATER THAN CERTIFICATE
OF OCCUPANCY OR OCCUPANCY. THE REQUEST FOR REVIEW COPIESOFRULESTHE
EGOVERNINGSAPPEALS MAYHE
NBE PICKED UP, ORENT REQUESTED, FROM THEBUSINESSOFFICE: 1101 EAST FIRST STREET, SANFORD FL, 32771; 407-665.7356. PAYMENT SHOULD BE
MADE TO: SEMINOLE COUNTY OR CITY OF SANFORD BUILDING DEPARTMENT 1101EASTFIRST
STREET SANFORD, FL 32771
PAYMENT BE RENCE
THECOUNTY OBUILDING YPERMITNNUMBEREATORTOPOOFDESTATEMENT. THE LEFT THIS THIS STATEMENTISNOLONGER
VALID IF A BUILDING PERMIT IS NOT ISSUED WITHIN 60 CALENDAR DAYSFROMTHEDATEABOVE
CITY OF PERMIT APPLICATION
BUILDING DIVISION Application No:
Docttmented Construction Value: $-! I
job Address: 2.2 O W, L NAff-IrU ) \Jd - Historic District: Yes NoU
Parcel ID:
Residential Commercial
Type of Work: New Addition P Alteration Repair Demo Change of Use Move
Description of Work: 7ip- t 5 t
Plan Review Contact Person: AA c c G-'"" ..e n
Title:
Phone: &03 2 P 7 5 32- Fax: 8%3 26r8-7-7S2 Email:
Property Owner Information
Name W001ri Phone:
Streets 32 Mt `'-/ ! aD" Resident of progeny?
f
City, State Zip: C.AG r -2n
Contractor Information
Name I) (! e tDIQ 'i 'Xl- , Nt C . Phone: O(03 2 0 C
Street: -1"f' tobi j } nc)K Qj ,IQ Fax:
City, State Zip: 1 'j"U State License No.•'a 2't `g
Architect/Engineer Information
Namet4-:i al
Phone: 4 ^3! 7
1'1 l_x t . Fax•t 0—) " 257.E_-5
Street• .
E-mail: Klc- 1 t 'necr 1 rn0,
City, St, Zip: C.Dn'1
Bonding Company: Mortgage Lender:
Address:
Address:
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYINGTWICEFORIMPROVEMENTSTOYOURPROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED ANDPOSTEDONTHEJOBSITEBEFORETHEFIRSTINSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULTWITHYOURLENDERORANATTORNEYBEFORERECORDINGYOURNOTICEOFCOMMENCEMENT
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced priortotheissuanceofapermitandthatallworkwillbeperformedtomeetstandardsofalllawsregulatingconstructioninthisjurisdiction. I understandthataseparatepermitmustbesecuredforelectricalwork, plumbing, signs, wells, pools, furnaces, boilers, beaters, tanks, and air conditioners,
etc.
FBC 105.3 Shall be inscribed with the date of application and the code in effect as of that date: 6" Edition (2017) Florida Building Code
N_..QDCE: In addition to the requirements ofthis permit, there may be additional restrictions applicable to this property that may be found in the public
records of this county, and there may be additional permits required from other governmental entities such as water management districts, state
agencies, or federal agencies.
Acceptance ofpermit is verification that I will notify the owner ofthe property of the requirements of Florida Lien Law, FS 713.
The City of Sanford requires payment of a plan review fee at the time of perinit submittal. A copy of die executed contract is required in order to
calculate a plan review charge and will be considered the estimated construction value ofdie job at the time ofsubmittal. The actual construction valuewillbefiguredbasedonthecurrentICCValuationTableineffectatthetimethepermitisissued, in accordance with local ordinance. Should calculated
charges figured off the executed contract exceed the actual construction value, credit will be applied to your permit fees when the permit is issued.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will be
done in compliance with all applicable laws regulating construction and zoning.
0
I Signatureofoivner/Agent Date
Print-Owner/Agent's Name
t
6UUL90 S0 q Uolsslwwob
epuofd to aleiS - oflgnd keloN
83SOOW f HNNOG
15-
fignature ofContractor/Agent Date
Print Cuntractor/Agent'sName
1lRlE sl lwxFx
i » MyGOt'AMISSION if GGo78135
ig azure of Notary -Stale of Florida Date" EXPIRES: Match 1, 2021N1
FOF F°P\
o`
BOnded ThN Budget Ndary Services
Owner/Agent is — - Fersona "1T0n to Me or Contractor/Agent is Personally Known to Me or
F1uce Produced ID Type of ID
Notary Public - State of Florida
Commission p GG 067002
My Comm. Expires Feb 19, 2021
BondedthmughNat,onaiNotaryksn. BELOW IS FOR. OFFICE USE ONLY
Permits Required: Building Electrical Mechanical El Plumbing Gas Roof
Construction Type: Occupancy Use:
Total Sq Ft of Bldg: Min. Occupancy Load:
Flood Zone:
of Stories
New Construction: Electric - # of Amps Plumbing - # of Fixtures
Fire Sprinlder Permit: Yes No # of Heads Fire Alarm Permit: Yes No
APPROVALS: ZONING:
ENGINEERING:
COMMENTS:
UTILITIES: WASTE WATER:
FIRE: " BUILDING:.
Melissa Mancuso
From: Jim Hanson
Sent: Tuesday, January 2l2O194k58PK4
To: Melissa Mancuso
Subject: FVV:Boulevard Plaza / Lake Mary Corners PARVABAKER EXPANSION AREA Attachments:
21OVVLAKE MARY8LVDPARVABAKERY IFS U1.28.19.pdf From: TroastDebbie <dtroast@senoinolecountvf.
gov> Sent: Tuesday, January
29,2O181O:38AM To: Jim Hanson ^]
hanson@vvoo|bhght.net> Cc: Bland, Annette <
Annette.Bland @Sanfordfl.gov>;Blanton, Deborah <DE8ORAH.8U\NTON@Sanford8.gov> Subject: RE: Boulevard
Plaza / Lake Mary Corners PARVA BAKER EXPANSION AREA Good Morning Jim,
Please find the
requested Impact Fee statement within the attachment. Unfortunately, with the addition ofthe customer seating area
and the available menu, the Parva Bakery falls into the sit down restaurant impact fee rate, However, the
retail credits were applied to reduce the overall impact Fees due. If|can answer
any additional questions, please donot hesitate tuask. Thank you, Debbie Tmast|
Impact Fee
Program Coordinator Seminole County Business Office |
Planning & Development | Building Division 1101 E. First Street |
5anford, FL32771 | 4O7'665-7]56
LEASE MODIFICATION AGREEMENT
THIS LEASE MODIFICATION AGREEMENT ("Agreementl is made and entered into as of this day of ) y' it <}018 ('Elective DakelbyandbetweenBOULEVARDPLAZALLC, a Florida limited liability company ('Landlord') and PARVA COLOMBiAN BAKERY LLC, a Florida limited
liability company ('Tenantl.
RECITALS
WHEREAS, Landlord and Tenant are parties to that certain Lease Agreement dated June 28, 2017 (as amended, the 'teasel concerning Bay #220,
consisting of approximately 750 rentable square feet (the 'Leased Premises") within the shopping center known as 'Lake Mazy Comers' (the 'Shopping
Center') located In Lake Mary, Florida; and
WHEREAS, Tenant desires to expand the Leased Premises into an adjacent bay, and Landlord and Tenant desire to modify the Lease in the manner
hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, Landlord and Tenant
hereby agree as follows:
1. Recit§il True and Correct and Incorporated by Reference. The foregoing Recitals are true and correct and are incorporated into this
Agreement by this reference as ifagain set out at length herein,
2. A40ona,( PraMiggti; Tenant shall have and trout that certain additional leased premises known as Bay #210 measuring approximately
1,005 rentable square feet as shown on the plan attached hereto as Exhibit 'A' (the 'Additional Premises') for a term commencing on the Additional
Premises Delivery Date and expiring on the last day of the Term as set forth in the Lease, as modified herein, and as the same may be further extended.
As used herein and to the Lease, upon the dolivery of the Additional Premises as set forth in Paragraph 3 below, all references to the defined term
Premises" or 'Leased Premises' shall thereafter include the Leased Premises and the Additional Premises, collectively measuring approximately 1,755
rentable square WL
3. Del(very of Additional Premises. Landlord shall deliver the Additional Premises to Tenant with Landlord's Work substantially complete in
accordance with Exhibit "C' and the Floor Plan attached as Exhibit'GI' hereto and in accordance with construction plans to be prepared by Landlord as
more particularly set forth herein. The construction plans shall be mutually agreed upon by Landlord and Tenant and finalized on or before the 60th day
following the Effective Date of this Agreement (said 601h day being hereinafter sometimes referred to as the "Plan Completion Deadline*). Tenant shall
provide comments and any reasonable requests for revisions to the construction plans prepared by Landlord in a timely manner, but In any event riot later
than five (5) days following receipt ofthe construction plans from Landlord. Upon finalization of the construction plans by the parties, such final construction
plans shall be attached to the Lease as Exhibit "C•2' ('Final Plans'). Upon finalization and approval of the Final Plans, Landlord shall obtain contractor bids
for the completion of Landlord's Work from at least two (2) different contractors. The birds shall contain a reasonably detailed breakdown of the costs for
Landlord's Work and Landlord shall employ the qualified contractor with the lowest overall rid (the 'ContraoWl from (how contractors having bid
Landlord's Work and shall cause the Contractor, upon receipt of applicable building permits and approvals, to commence and prompoUy and diligentlyproceedwiththeperformanceofLandlord's Work contained in the Final Plans ung oompletion
If landlord and Tenant fall to reach agreement on the construction plans by the Man Completion Deadline (as same may have been extended from time
to time by Landlord in accordance with the further provisions of this paragraph), then Landlord shall have the right, in Its sole discretion, by written notice
delivered to Tenant not later than ten (10) days following the Plan Completion Deadline (as same may have been previously extended) either: (a) to extend
orfurther extend) the Plan Completion Deadline for such period as Landlord may reasonably designate; or (b) to terminate the Agreement, Anything in the
foregoing to the contrary notwithstanding, itIs understood and agreed that ifTenant has rat acted In good faithor ina tkttely manner in providing comments
as to the construction plans, then Tenant shall be in default under this Lease and Landlord shy be entitled to exercise all rights and remedies available to
Landlord at law, in equity and/or underthe Lease, including but notlimited to the right to recover from Tenant all reasonable costs and expenses paid and/or
incurred by Landlord in connection with the Lease (including but not limited to leasing fees and commissions, Landlord's reasonable atorney's fees and
costs, and the reasonable costs and expenses ofpreparing and revising the construction plans).
Anything in this Paragraph 3 to the contrary notwithstanding, it is expressly understood and agreed that Landlord shall not be obligated under any
circumstance to expend more than $§1 .250.00 (Use 'Upset Figural In connection with the design, permitting, construction, construction management, and
completion of Landlord's Work. Accordingly, l it shall be determined, at any time, that the cost of the design, perrniting and/or construction and/or
performance of Landlord's Wok will or might exceed The Upset Figure, then Tenant shall be obligated to deposit with Landlord the difference between the
Upset Figure and the anticipated total cost of Landlord's Work (as said anticipated total cost may be adjusted at any time and from time to time), such costs
to be deemed "Tenant's Costs'. Failure ofTenant to timely pay Tenant's Costs to Landlord shall be a default ofthe Lease and, in addition to other remedies
available to Landlord under the Lease, at law and/or in equity for such default Tenant shall be responsible for any late fees, penalties or other additional
costs that may be due under the contract with the Contractor or otherwise resulting from Tenant's failure to timely pay Tenant's Costs, and in such event
and in addition to all rights and remedies Landlord may have as a result of Tenant'a default Landlord may elect to suspend the performance of Landlord's
Work in Landlord's sole discretion and Landlord shall nut be required to perform any construction activities under this section until Tenanfs pays all of
Tenant's Costs. Landlord shall remit to Tenant upon final completion of Landlord's Work any portion of Tenanf s Costs as aforesaid that shall not have been
utilized forlandlord's Work; however, Tenant shall be required to remit to Landlord within ten (10) days following written request by Landlord, any additional
sums required to fully complete Landlord's Wok, i.e., in addition to and over and above the Upset Figure plus any funds previously deposited Tenant's
Costs for such purpose as aforesaid,
4. Rent CommenoetMentQats for 84diii9nill premises. Notwithstanding anything to the contrary, Rent shall commence on the Additional
Premises on the earlier of (1) Tenantopening for business in the Additional Premises or (tl) the thirtieth (301h) day following the date Landlord delivers the
Additional Premises to Tenantwith Landlord's Work substantially complete ('Additional Premises Rent Commencement Datel.
5. Extension of Term The term of the Lease is hereby extended for a period of five (5) years, commencing on March 1, 2023 through and
including February 28, 2028. Tenant retains its right to renew or extend the Term of the Lease as set forth in Section 3 of the Lease Rider attached to and
Incorporated in to the Lease.
6. MInimlym Rent for Additional Premil2s, Tenant shall pay to Landlord, as and for Minimum Rent for the Additional Premises (i.e,,
In addition to Minimum Rent for the original Leased Premises) the following amounts:
A. During the period commencing on Additional Premises Rent Commencement Date through and including
February 28, 2020, an amount at the annual rate of $20,904.00, payable in equal successive monthly installments of $1,742.00 per
month each; and
Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst#2019010111 Book:9289 Page:1825; (1 PAGES) RCD. 1/29/2019 11:55:34AM
REC FEE $10,00
This Instrument Prepared By -
Name: David J. Wiener, P.A.
Address: 3200 N Military Trail, 411 Floor
Boca Raton, Fl. 33431
Pennit# Folio # 11-20-30-523-0000-0010
NOTICEOF COMMENCEMENT
Fee Owner)
The undersigned hereby gives notice that improvements will be made to certain real property, and in accordance with Chapter 713,
Florida Statutes, the following information is provided in this Notice of Commencement.
I . Legal Description ofProperty, Lot 1, of Boulevard Plaza Subdivision Replat, according to the plat thereofas recorded in
Plat Book 81, Pages 62 through 65, Public Records ofSeminole County, Florida
Street Address, ifavailable: 220 W. Lake Mary Boulevard, Sanford, Florida 32773
2. General description of improvemerits: interior/exterior altcrimons
3. Owner information:
Name and address: Boulevard Plaza LLC, 3200 N Military Trail, 41 Floor, Boca Raton, FL 33431
Interest in property: FEE SIMPLE
4. Contractor.
5. Surety.
Fri s
Name and address: GLG Land Dcvelopmcnt, Inc., 17400 Poyner Road N., Polk City, FL 33868
Phone number. 863-207-5681 c. Fax number.
optional, ifservice by fax is acceptable)
Name and address:
Phone rtumber. c. Amount ofbond S
Name and address: Seacoast National Bank, 815 Colorado Avenue, Stuart, FL 34994 Attw Loan Admin
Phone number 800-706-9991
7. Persons within the State ofFlorida designated by Owner upon whom notices or other documents may be served as
provided by Section 713.13(l)(a)7., Florida statutes:
Name and address: David L Wiener, P.A., 3200 N Military Trail, 41 Floor, Boca Raton, FL 33431
Phone number. (561) 989-2910
8. In addition to the above named, the Owner designates thefollowing person to receive a copy of the Lienor'sNotice as
provided in Section 713.13(1)(b), Florida Statutes: Lisa McCulloch, 3200 NMilitary Trail, 4t4 Floor, BocaRaton, FL
33431(561) 989-2240
9. Expiration date ofactice of commencement: 20
Expiration date is (1) year from the date ofrecording unless otherwise spe4i;i above).
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE FJIPtRATION OF THE N017CE OF COMMFZ1KDAE N-r ARE CONSIDERED DOROPER
PAYN M'S UNDER CHAPTER 713, PART L SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT M YOUR PAYING TWICE FORLNPROVIDAENTS TO YOUR
PROPERTY. A NOTICE OF COND VENCEMENr MUST BE RECORDED AND POSTED ON THE JOB STTE BEFORE THE FIRST DMECTtON. IF YOU DrIEND TO OBTAIN
FINANCGIG, CONSULT WTTH YOUR LENDER OR AN ATTORNEY BEFORE COMMWC NG WORK OR REMRM40 YOUR NOTICE OF COMtw ENC.E2AWr
Signature ofOwner s Authorized Officer. Bo;
1
Plaza LLC, a Florida ldn ut liability company
By. / relVice President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was sworn to and subscribed before me this (i 4day of January, 2019, by Jorge Morel1, Vice President
ofBoulevard Plaza LLC, aFlorida limited liability company, who is personally known tome.
JOOME M. sAi O Ml Signaturc of Totary Public:
MYCOM
EXPR6S"4."ot9
Print Name:.......zP r!^A^®`f.t.U.S?7v
DWK WTMu wtvy pubk uw.. ft'
PA aiAlUM
Under penalties of perjury, I declare that I have read the foregoing and that the facts stated herein are true, to the best of
my knowledge and belief.
Boulevard Plaza LLC, a Florida limited liability company
By
Io -President
SAIADocument A104" — 2017
Standard Abbreviated Form ofAgreement Between Owner and Contractor
AGREEMENT made as of the day of in the year
ln wari t, indicate dm% month andyear)
BETWEEN the fawner:
Marne, legal status, adtbvsss and other kiforination)
Boulevard, LLC
3200 North Military Trail
Boca: Raton, FL 33431
Telephone Number. 561-989-2256
am theContractor:
Name, legal status, address and other informatton)
GLG Lard Development, hoc,
17400 PoynerRd N,
Polk City, FL 33868
Telephone Number: 863-207-5681
for the following Project:
wane, location and detailed description)
Pam Expansion
220 West Lake Mary Blvd, Sandford, FL
Expansion ofan existing Parva Bakery located at Lake Marry Comers, This project willincludeitemssuchasselectivedemolition, concave cutting, and patch and repair, drywall,
metal studs, finishes, doors and hardware, paint, the Hoofing, coimtcrrops, Fiberglassreinforcedplastic (FRP), fires protection, plumbing, mechanical and electrical.
The Architect:
Name, legal statos. address and other Information)
KL Engineering Ire,
427 Palm Crest Lane
Lake Mary FL,
Telephone Number. 447-361-8017
Fax Number: 407-250-2559
The Owner and Contractor agree as follows
ADOMONSAND DELETIONS:
The authorofft docurnet has
added 9ierm4ton needed far is
convfeton, The author may also
Nava revised the text of to original
AfA standard form. An Addftes and
tlatadwns Report that notes added
hhfomnauonas wet as revisions to
the standard farmlext is available
tam the authorand should 40
retie, , A vertical ono in the left
margin of thisdocument indicates
where to author has added
nectssetY inionnallout ad where
to inghor has added to or deleted
from the anginal AIA texL
This document has Important legal
Consultation with an
of f-Y Is with respect
to as completion ormoditoxaon.
Ink AI4DCWmoatA104m-tet7(fimeAyA107m-M7).Copytlaht*1936,tip$1,19aa,teai,ta9J,IM,1070, 1974, 10M 1987. 1"7,7007NW2017 byTheAmwfcan1119ftWofArd0octs. All rights reserved. WANNVOQ' This AlA Dacumem isptatact4d hY U,S. CapYright tAw and ho"T rooal Trair"44, Unauthartzed nagra400"terr lislrihutMa of tht, AW Dncvrrtenk of 4ny-paxtlan of moy ra4ua 10 ""ro 41va oml ortrrnlul p4A441641 and win heftou'd MAXW um sxkom pass9rto undst rho raw. TMs 400mont e49 pmxlucad by AlA sotwaro at 06.49:47ET on 0142=19 anon Order Na, expia on 0N01t2019, and is mt&uraWe,
User Notes:
i289ADAatj
f,FPa. t
TABLE OF ARTICLES
i THE WORK OF THIS CONTRACT
2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3 CONTRACTSUM
4 PAYMENT
5 DISPUTE RESOLUTION
6 ENUMERATION OF CONTRACT DOCUMENTS
T GENERAL PROVISIONS
8 OWNER
9 CONTRACTOR
tU ARCHITECT
11 SUBCONTRACTORS
12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
13 CHANGES 8N THE WORK
14 TIME
15 PAYMENTS AND COMPLETION
16 PROTECTION OF PERSONS AND PROPERTY
17 INSURANCE AND BONUS
18 CORRECTION OF WORK
19 MISCELLANEOUS PROVISIONS
24 TERMINATION OF THE CONTRACT
21 CLAIMS AND DISPUTES
EXHIBIT A DETERMINATION OF THE COST OF THE WORK
ARTICLE 1 THE WORK OF THIS CONTRACT
The Contractor (GLO Land Development, Inc.) shall ensure the appropriate execution of the Work described in theContractDocumentspreparedbyKLEngineering, Inc., except as specifically indicated in the Contract Documentstobetheresponsibilityofothers. All work forthis project is to be consistent the Florida Building Code and anyotherapplicableerode, law or standard that is required for the completion of this project,
As a licensed general contractor, it is understood that GLO Land Development, Inc, has reviewed all drawings andinformationthathasbeenprovidedbyKLEngineering, Inc far this project and that OLO Land Development, Inc. has contacted KL Engineering, Inc, in any instance where there were questions in regard to drawings, Information orworkforthisprojectpriortotheexecutionofthisAgreement. Therefore, it is understood by Boulevard Plaza, LLC,
AUt naaumaMA104-- 2917 ttotmadyA197-- Mr1, Copyeghf 01936, 1061, 1960. 1961, 1452, 1966, 197a, 1974, 1976, Mr. tsar, 2007 a1W 20W ayThsAmften4+s6Nla of Arc6aach, An dote resad, wWARMS Q* Ti1ta AIA* Ifautoxotls p(oaot* f byU.S. Copyright 6sw snd rotarnatkroai Thmstkea, Untsproductlaoatdtaitarints:AtA uaeumam at soy p4ftn off( my resuf, in **mv ttxil sod ct&Mn4i panaaiss, aad win as 32923074wta4maximum4xtantpassVN4 %most too law. TMa daatsnsM wss Wcduesd for A1A sohwM M 09:49-47 ET on1M2,2419 mda Orasr No. 6a262OWA: wedah axpksa on aaiatid9t9, VW N not for resaw, UawNodes: {7a9ACA67) 2
that GLG Land Development, Inc, has a solid understanding of the work that is to be completed for this project priortotimeexecutionofthisAgreement,
Boulevard Plaza LLC, requests that under no circumstance will there be change orders or modifications to the workforthisprojectandthatGLOLandDevelopment, Inc, will provide a complete and code compliant project onschedule,
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION2./ The date o€commencement oftime Work shall be:
Check one ofthefolimping boxes,)
J The date ofthis Agreement,
j A date set forth in a notice to proceed issued by the Owner.
X } Established as follows:
inser( a date or a means to determine the date ofcommencement ofthe fyork) f
Date ofcommencement shall be three (3) business days after issuance of the building permit for this project.
Ifa date ofcommencement of the Work is not selected, then the date ofcommencement shall be the date ofthisAgreement,
2.2 The Contract Time shall be measured from the date ofcommencement
2.3 Substantial CornpletW
L&I Subject to adjustments ofthe Contract Time as provided in the Contract Documents the Contractor shallachieveSubstantialCompletionoftheentireWork:
Check the appropriate box and complete the necessaru informatian,)
X j Not laterthi mm thirty-eight ( 38 ) calendar days from the date of commcncement of the Work,
j By the following date:
L31 Subject to adjustments ofthe Contract Time as provided in the Contract Documents, ifportionsof theWork aretobecompletedpriortoSubstantialCompletionoftheentireWork, the Contractor shall achieve Substantial Completionofsuchportionsbythefallowingdates: Portion
of Work Substantial Completion Dabs None2.
3.3 ifthe Contractor fails to achieve Substantial Completion as provided in this Section 2.3, liquidated damages, ifany, shall be assessed as set forth in Section 3.5. ARTICLE
3 CONTRACT SUM V
The Owner shall pay the Contractor the Contract Sum in current funds for time Contractor's performance of the ContractTheContractSumshallbeoneofthefollowing: Checktheappropriatebox,) X }
Stipulated Sum, in accordance with Section 3,2 below Cost
of the Work plus the Contractor's Fee, in accordance with Section 3.3 below j
Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below Inl6
AIA QowmeM A104--0017 (fo-mly A107••-2007), 4apyognta less, 19sl, 195a, 1941, 1063, lasa, 1970, 1074, 1975, 1947, 1897, 2007 and 2017 by ThoAmadeonIneftooofAnd1t9 , All d" reserved WAnNWQt This AW oaaurn"t isPMWtell py V4, Capyrt910 law and Mmrnaaenel Talaaos. 3 Unaulh-ruadreproduatlonord141dannooofthisAWnorumentoranyporrlonofn,"rerun x1 savers aN4 god ortrrdhsl pen4tuoa, and wok be tprosecutedtothemeu#aum ex%At posalalo:Lvw#r This dotxement was produced try AIA sonwus at W40:47 ET an 01*2M19 under Girder No, 328=749whichexpGasan0Wouo19, and Is not re, roses.. user Naha: (369ADA87)
Based on the selection above, complete Section 3,2, 3,J or 3.4 detain)
3.2 The Stipulated Sum shall be fifty-one thousand nine hundred forty-eight dollars and thirty-two cents (S51,948.32 ), subject to additions and deductions as provided in the Contract Documents,
3.21 The Stipulated Sum is based upon the following alternates, if any, which are described in the ContractDocumentsandareherebyacceptedbytheOwner:
State the numbersorother idemtfication ofacceptedalternates ,((the bidding orproposal documentspermit theav"ar to accept other alternates subsequent to the execution ofthis Agreement, attach a schedule ofsuch otheralternatesshowingtheamountforeachcaulthedatewhenthatamountexpires,)
The stipulated sum does not include alternates at this time. The future use of alternates after this executedAgreementoratanytimeduringconstructionmustbeapprovedbytheBoulevardPlaxa, LLC prior to installationand/or use on this prgjcet.
3.2.2 Unit prices, if any:
Identify the Item andstate the willprice and the quantity limitations, ifanyto which the unit price will betwicabte) Item
Units and Umitations Price per unit (MOD) None3.
2.3 Allowances, if any, included in the stipulated sum: Idemia,
each allowance,) heir/
Price The
stipulated sum included in this Agreement
does not include allowances at
this time 34
Coat of theWork Plus Contractors Fee 3A.
1 The Cost of theWork is as defined in Exhibit A, Determination of theCost of theWork. 3.
3.2 TheContractor's Fee: State
a hemp stint perectutge olrCast ref thell'ark or otherprovision fordetermining the Contractor's Fee and themethodrl('acOstmeru to the Fee for changes in the /fork) N/
A 3.
4 Cost of the Work Plus Contractor's Fee With a Guaranteed Maximum Price 3.
4.1 The Cost of dieWork is as defined in Exhibit A, Determination of the Cost of theWork, 3AI
The Connector's Fee: State
a lump sum, percentage of Castof theWork or other provisionfordetermining the Contractors Fee and themethodofadjustmenttotheFeeforchangesinthefrork) N/
A 343
Guaranteed Maximum Price 3.
4.3.11 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed N/A ($ N/A ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. ThismaximumsumisreferredtointheContractDocumentsastheGuaranteedMaximumPrice. Costs which would cause
the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. Insert
sPOCUIc provisions iJthe Contractor is to participate in any savings,) N(
A ln[
t Ah4 Dooum"A A104--2017 gonnodyA107-- 20071. copyrol a 1830, 1951, 1115k t001, 1803, 1968, 1070,1974, 1970,1967, 1d87, 2007 and 2017 Or TheAmtdOenInaOedsofAmMods, AN rights mstrad. WARNING, %a Auk*... noeumtnt N ProtW*d by UA, GOPyrtght taw artd International Traa04a, 4040014rtttdUnIM4144414rtOttd4tritiunonofageAWg"omoio' or any pertion of It, may resort to **Vera *Iva and conito4f ponaaios. and wN at 7*t ac to in* mtximurn Oa nd Possibleuer"fawn. ThU doconora was produced byAIA software at *49,,47 ET on Q17RMMS under Order No. fh4, 0I20230749 which sapiraa on 00/Otr2019, and la not for reside, User
Notes: 3e8A0ASi)
3.443.2 The Guaranteed Maximurn price is based on the following alternates, ifany, which are described in theContractDocumentsandareherebyacceptedbytheOwner:
State the mrmbers or other kfemy1cation ofacceptedahernates. ffthe bidding orproposal doclmrentspermit theChvrrartoacceptotheralternatessubsequemtotheeltreutionofthisAgreement, ottoch a sehedrrte ofsuch otherohermuesshowingtheoataluuforeachandthedatewhenthatamountexpires.)
NIA
3.4.3.3 Unit Prices, ifany:
fdtentryvthe item andstate the unit price andthe quontityifnritotions, !fort}, to tvhtch the waitrrtee will beapplicable.)
Item Unit and Limitations Price per Unit ($0.00) NiA
3.4.3,4 Allowances, ifany, included in the Guaranteed Maximum Price:
Iden(ify each alfdnvao,,o,)
@era Price
NiA
3.4.3.5 Assumptions, ifany, on whichthe Guaranteed Maximum Price is based:
NIA
3.4.3.6 To the extent that the Contract Documents are anticipated to require further development, the GuaranteedMaximumPriceIncludesthecostsattributabletosuchfurtherdevelopmentconsistentwiththeContractDocumentsandreasonablyinferablethemi'mm. Such furtherdevelopment dues not include changes in scope, systems, kinds andqualityofmaterials, finishes or equipment, all of which, ifrequired, shall be incorporated by Change Order.
3.4.3.7 The Owner shall authorize preparation ofrevisions to the Contract Documents that incorpaato the agreed
assumptions contained in Section 3.4.33. The Owner shall promptly furnish suck revised Contract DocumentstotheContractor. The Contractor shall notify the Owner and Architect ofany inconsistencies between the agreed=
upon assumptions contained in Section 3A.3.$ and the revised Contract Documents.
g 3.5 Liquidated damages, ifany:
insert terms andconditionsfor hgwdateddamages (fat,
ARTICLE 4 PAYMENT
4.i progress Payttrents
4.1.1 Rased upon Applications for Payment submitted to the Architect by the Contractor and Certificates forPaymentissuedbytheArcbitcctrtheOwnershallmakeprogresspaymentsonaccountoftheContractSumto titeContractorasprovidedbelowandelsewhereintheContractDocuments.
102 The period covered by each Application for Payment shall be one calendar month coding on the last day ofthemouth, or as follows:
All pay requests are to be submitted on or before the 20" ofthe month anticipating work to the end of the monthwithpaymentduebythelastdayofthefollowingmonth. All pay requests must besubmitted viaemail as follows:
payapps@woolbright.nct, aportcr@woolbright.net and mmancuso@woolbright.net.
A ...,. M.__ .,.t, .ayetur-_zoar a -r— ote Tn.A an i eOfArcd"K11 t teas. last, tale, tau
pmtg , d by trio, tsr4, tare. tsar. leer. Wit anTrp heyuo*unenw rtraarvad. wAnttatG: Thin, AtA' lapkeclad try U.B. GuRytight Law and natTraanaa,
pmsr "
WOO
Of
or 4004 of (We ArAl om ar, or anypane, or0, may vnautt in severe a#ve god cen*w pe,t th", And wal haITtRroaaculad10dtatitaximnmaxtanlRailfasinterthetaw, Thk 40CUM4rd wan Produced br AIA beware atOa4a.47 ET on 011=019 under order No. a328230749which *-Pit" on0ag11201%. and k not rorresale. User Not":
4.1.3 Provided that an Application for Payment is received by the Architect not later than the day ofa month, theOwnershallmakepaymentofdlecertifiedamounttotheContractornotlaterthanthedayofthemonth, fanApplicationforPaymentisreceivedbytheArchitectafterthedatefixedabove, payment shall be made by theOwnernotlaterthan ( ) days after the Architect receives the Application for Payment, federa(, state or focalkrivs may require pairinent within a certainperiod o ,fate.)
4.1.4 For each progress payment made prior to Substantial Completion ofthe Work, the Owner may withholdretainagefromthepaymentotherwisedueasfollows:
insert apercentage or amount to be withheldas retamage from each ,dpplieallao for Pgvmcnt and any teratsJi7rredactionofretainagedaringthecourseoftheWorkTheamountofretamogemaybelimitedbygoverning (my.)
IOafa shall be withheld from each payment request,
4.1.5 Payments dim and unpaid under the Contract shall bear interest frorn die date payment is due at the rate statedbelow, or in the absence thereof, at the legal rate prevailing from time ttr time at theplace where die Project islocated.
7—ri rate o{inte-st agreed upon, tfafro1
0 e% 0
42 Final Payment
42.1 Final payment, constituting the entire unpaid balance ofthe Contract Sum, shall be made by the OwnertotheContractorwhen
A the Contractor has fully performed the Contract except for the Contractor's responsibility to correctWorkasprovidedinSection181, and to satisfy other requirements, if any, which extend beyondfinalpayment;
2 the Contractor has submitted a final accounting for the Cost ofthe Work, where payment is on thebasisoftheCostofdleWorkwill, or without a Guaranteed Maximum Price; and3afinalCertificateforPaymenthasbeenissuedbydieArchitectinaccordancewith Section 15.7.1,
4 ,i.2 The Owner's final payment to the Contractor shall be made no IaW than 30 days after the issuance oftheArchitect's final Certificate for Payment or as follows:
Final pay request to be submitted on or before the 20' ofthe month with payment due by the lastday ofthafollowingmonth. All pay requests must be submitted via email to: Payapps1@1woolbright net, aportCr@woolb right.act and mmancuso@woolbright.net.
ARTICLES DISPM RESOLUTION
5.1 Binding Dispute Resolution
For any claim subject to, but not resolved by, mediation pursuant to Section 215, the method of binding disputeresolutionshallbeasHallows:
Check the appropriate box)
X j Arbitration pursuant to Section 21 A of this Agreement
Litigation ins court ofcompetentjurisdiction
Other (Sp ec'ift)
Ifthe Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree inwritingtoabindingdisputeresolutionmethodotherthanlitigation, claims will be resolved in a court ofcompetentjurisdiction,
tilt, A1A 04aamant A104-- 2017 (fli Marty A1071— 2007). Cop 1140 1030, 1951, 1950, Joel, 1993. J909. 1970, 1074, 197a, 1947, 1997. 2007 and 2017 byt110AerariaanlnaablteotA[chlteep, Ali ilpbta resatvad. wAn7aNrs. This AW nace+nantis preteotad tY u.3, Co07+g9ht t.aw aoa th19 onalTresiUnsunlprtM4f4aatianofdtelrarutlonofOftAs- tiotuie*st, orany pototi" of kmy MOORbi stivara oivit and c a1po os, seat ea. . ie"aculad to tho aabRat Possible ender am 4i.w Ties doc ormat"a produced byAtA aoftnam at00;49,47 ETon 0112=010 under Ordw No, 0929230749 which aapbas an o9fOtr2019, wal isnd for mash, user Nobs:
3a9ADA57)
Z
ARTiCLE 6 ENUMERATION OF CONTRACT DOCUMENTS
6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of thisAgreement, are enumerated in the sections below.
61.1 The Agreement is this executed AIA Document At 04'm-.2017, Standard Abbreviated Form of AgreementBetweenOwnerandContractor,
6.1.2 AIA Document E203T14--2013, Building information Modeling and Digital Data Exhibit, dated as indicatedbelow:
7-Ort the date ofthe E203-2013 incorporated into this .Agreement)
6A.3 The Supplementary and other Conditions ofthe Contract:
Document Title Date Pages
6.1.4 The Spaeifications:
Either list the Spectftcations here or refer to at) eshihit attached to this Agreement.) t
Section Title Date Pages
6.1.6 The Drawings:
Ether list the Drowi rgshere orrefer 10 an exhibit attachedto this .Agreement)
KL Engineering, Inc,
t
Number Title DateC-S, DEM, A-I,A-2, E-1, M-I and P-I Farva Bakery 11120120184
6.1.6 The Addenda, ifany:
Number Data Pages
Portions ofAddenda relating to bidding or proposal requirements are not part of the Contract Documents unless thebiddingorproposalrequirementsareenumeratedinthisArticle6.
6.1,7 Additional documents, ifany, fainting part of the Contract Documents: 1 Other Exhibits:
Check all boxes that apply.)
X j Exhibit A, Determination ofthe Cost ofthe Work.
AIA Document E204TM-2017, Sustainable Projects Exhibit, dated as indicated below: Insert the data of the E204-2017 incorporated into this Agreement.)
Ii
The Sustainability Plan:
TWO Date Pages
Ink i _ Copydpht Q taaa, toot, 190a, 1981, 19aJ, 196a, 1970, t$74, 187a, 19a7, ia97, 2407 and 2017 rYTM7vnafk:m 104a0dr of AMAOWb. Alln9hts roWad. WAaNNIG: TWO A1Ar Dft~ttopmtftftd by m.a. ii+tkik nsrr acid rosmenal Tnsnrs, ttnnudi d rrprodur. t Of 414t otnrts AW tiorarmot, orany Prakin" or a, may mrfln in r&Yrfr rd"Ya aril or 401 prisamtsse and will ttrNro"Cuo d to vir maxho u n "toot tma Oblo madrt tflr tow, Tt" doo mr a Wri Produced 0y NA WWWO, at OSAIVA? El` on ev22r1mit under Order No.
thrrUserN t7ra Which rapiers do o0roit2019. rnd [s nor for rraalr, Nrkrs:
389ADAe7)
I
I Supplementary and other Conditions ofthe Contract:
Document Title Date Pages
2 Other documents, ifany, listed below:
List here any addltionol documents that are intended taformport of theContract Docnarents. ) Exhibit
A: Cost Proposal provided by GLG Land development, Inc, Exhibit
E: Certificate of insurance; naming the Landlord and Woolbright Development, Inc. as additionally insured ExhibitC: drawings Exhibit
D: Schedule ARTICLE
7 GENERAL PROVISIONS 7A
The Contract Documents The
Contract Documents arc enumerated in Article 6 and consist of thisAgreement (includhg, if applicable, SupplementarysadotherConditionsofdieContract}, Drawings, Specifications, Addenda issued prior to the executionofthisAgreement, other documents listed in this Agreement, and Modifications issued after execution of thisAgreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a ConstructionChange Directive, or (4) a written order for a minor change in the Work issued by the Architect. The intent oftheContract Documents is to include all items necessary for theproper executionand completionoftheWorkbytheContractor, The Contract Documents are complementary, and what is required by oneshallbeasbindingasifrequiredbyall; Performance by the Contractor shalt be required to the extent consistent withtheContractDocumentsandreasonablyinferablefromthemasbeingnecessarytoproducedieindicatedresults. 72
TheContract The
Contract Documents fbmi the Contract for Construction, The Contract represents the entire and integrated agreementbetweenthepartiesheretoandsupersedespriornegotiations, representations, or agreements, either writtenororal. The Contract maybe amended or modified only by a Modification, The Contract Documents shall notbeconstruedtocreateacontractualrelationshipofanykindbetweenanypersonsorerodesotherthantheOwnerandtheContractor. 7.
3 The Work The
scum "Wean" means the construction and services required by the Contract Documents, whether completed or Partiallycompleted, and includes all other labor, materials, equipment, and services provided or to be provided by theContractortofulfilltheContractor's obligations. The Work may constitute the whole or apart of theProject, 7.
4Instruments of Service instruments
of Servicearc representations, in any medium of expressionnow known or later developed, of thetangibleandintangiblecreativeworkperformedbytheArchitectandtheArchitect's consultants under their respectivo
professional services agreements, Instruments of Servicemay include, without limitation, studies, surveys,
nwde % sketches, &swings, specifications, and other similar materials. 7.
5 Ownership and use of Drawings, Specifications and Other instruments of Service 7.
5,1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective InstrumentsofService, including the Drawings and Speciftcatfons, and will retain aft euhmmon law, statutory and otherreservedrightsintheirInstrumentsofService, including copyrights, The Contractor, Subcontractors, Sub - subcontractors, and suppliers shall not own or claim a copyright in the lastrumcnts of Service. Submittal or distributiontomeetofficialregulatoryrequirementsarforotherpurposesinconnectionwiththeProjectisnotto be construedaspublicationinderogationoftheArchitect's or Architect's consultants' reserved rights, 7,
5.2 The ContractorSubcontractors, Sub -subcontractors and suppliers are authorized to use and reproduce the instrumentsofServiceprovidedtothem, subject to the Protocol$ established pursuant to Sections 7A and 7.7, solely andexclusivelyforexecutionofdieWork. All copies made under this authorization shall bear the copyright notice, ifany, shown on die Instruments of Service, The Contractor, Subcontractors, Sub,subcontractors, and suppliers may Ink.
AK p0eumaM Ai04^ -r "t7 (fomery AtOT-- 24Q7l, Coo ppy7rqqAAta 1936, 1961, it", 1961. 1963, MS, MO. 1974, 19", 10a7, t9a7, 2007 and 2017 by TheAmMgnk%Mu a of Architects. AN dOMansetved, wAnr xt, This.AIA pocufnent is protectedby V,a. Copyrght Law and tohrrothfn4l Tres€a. nn'o'"ka tzed .ePM00cnnn ordt4T 0100o of thisAW nacwasnt, or any portion of tt, Mary ro*vlt to se±tera ohrn and crantnar "Ines, 400 wai boo S I % t "aaotsd to the "AbnUM szt"tpossi&fs WOW t fx fevr, TWO document was pmdvwd 4y ALA *04"m at 06 4%:47 ET an01122120i9 under O dw No. f0329230749which0%94 a on 0410112010, and is not ter nnate. hoarNot". 369ADA57)
1
S
not use the Instruments OfService on other projects or for additions to this Project outside the scope ofthe WorkwithoutthespecificwrittenconsentoftheOwner, Architect and the Architect's consultants.
7.6 Digital Data Use and Transmission
The parties shall agree upon protocols governing the transmission and use ofinstrument of Service or any otherinformationordocumentationindigitalform. Tice patties will use AIA Document E203Tm-2013, BuildingInformationModelingandDigitalDataExhibit, to establish the protocols for the dovclopmeut, use, transmission, and exchange of digital data,
7.7 Building Information Models Use and Reliance
Any use of, or reliance on, all or a portion ofa building information model without agreement to protocolsgoverningtheuseof, andreliance on, the information contained in the model and without having those protocols setforthinAIADocumentE203TIK-2013, Building Information Modeling and Digital Data Exhibit, and tie requisiteAIADocumentG202T4--2013, Project Building Information Modeling Protocol Form, shall be at the using orretyingparty's sole risk and without liability to tie other party and its contractors orconsultants, the authors of, orcontributorsto, the building information model, and each oftheir agents and employees.
7,9 severatdllity
The invalidity ofany provision ofthe Contract Documents shall not invalidate the Contract or its remainingprovisions. ifit is determined that any provision of the Contract Documents violates any law, or is Otherwise invalidorunenforceable, them that provision shall be revised to the extent necessary to make that provision legal andenforceable, in such case the Contract Documents shall beconstrued, to the fullest extent permitted by law, to giveeffecttotheparties' Intentions and purposes in executing the Contract.
7,9 Notice
7.9.1 Except as otherwise provided in Section 7.9.2, where the Contract Documents require one party to notify orgivenoticetotheotherparty, such notice shall be provided in writing to thedesignated representative ofthe party towhomthenoticeisaddressedandshallbedeemedtohavebeendutyservedifdeliverodinperson, by mail, bycourier, or by electronic transmission In accordance with AIA Document E203TK-2013, Building informationModelingandDigitalDataExhibit, ifcompleted, oras otherwise set forth below:
VOther than in accordance wills Al.4 Docurent E203-200, insert requiremernsfor delAwring Notice lit efectronicformalsrichasnorne, title andemail address ofthe recipient madwhether and hod, theswrienl will he requiredtogenerateareadrecelpiforthetransmission.)
74.2 Notice ofClaims shall be provided in writing and shall be deemed to have been duty served only ifdeliveredtothedesignatedrepresentativeofthepartytowhomthenoticeisaddressedbycertifiedorregisteredmail, or bycourierprovidingproofofdciivory,
7A0 Relationship ofthe Parties Where
the Contract is based on the Cost of theWork plus the Contractor's Fee, with or without a Guaranteed MaximumPrice, the Contractor accepts the relationship of trust and confidence established by this Agreement and covenantswiththeOwnertocooperatewiththeArchitectandexercisetheContractor's skill and judgmentin furtheringtheinterestsoftheOwner, to famish efficient business administration and supervision; to furnish at all timesanadequatesupplyofworkersandmaterials; and to perform the Weir in an expeditious and economical manner
consistent with the Owner's interests. The Owner agreesto famish and approve, in a timely manner, informationrequiredbytheContractorandtomakepaymentstotheContractorinaccordancewiththerequirementsoftheContractDocuments, ARTICLE
I OWNER 8.
1 info mation and Service r Required of the Omer I -
I Prior to commencement of theWork, at the written request by the Contractor, the Owner shall furnish to the ContractorreasonableevidencethattheOwnerhasmadefinancialarrangementstofulfilltheOwner's obligationsunder
the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. if commencementof the Work is delayed under this Section 9.1.1, the Contract Time shall be extended appropriately. Inn:
AIA neaumeat A404--2017 (formerly AVIT' a — 200TI, Capytionie 74a6, last, 196a, 1ae1, 1002, IM, 1870, 1a74, i@78, 10a7, 1a87, 2a07 ell 2077 by TheAma6taninaftesarAretenter<{e, AU rFahtsrseetved. Y+tARNItt4:: Tills A6R'rpo4ums # Ye pratcetad oY U.a. Cepyttaht 4.awandpaernstdanal T°01 by UOsutl
ortxsd teAmid#a000 or dhArUtiooof tuts. ° noa nt, or sttyWon" ar A. y rseua in savero ottatl andortmtnal pedal"*$, Otto 1T be aoatadtothemaxinenna11019,pavord,
and
urWar thetaw. This dacummtwas pia used by AIA softyne at0a.40.47 ET an01122I2o1a under Order No. userNoW8whitsaspireson06lOtrt07@, and k not far roaale. UaaNotes; 389AttA57)
8.1.2 The Owner shall furnish all necessary surveys and a legal description ofthe site.
81.3 The Contractor shaII be entitled to rely on the accuracy of information furnished by the Owner but shotexerciseproperprecautionsrelatingtothesafeperformanceofthoWork.
8.1.4 Except for permits and fees drat arethe responsibility of the Contractor under the Contract Documents, including those required under Section 9.6. t, the Owner shall secure and pay for other necessary approvals, easements, assessments, and charges required forthe construction, use, or occupancy ofpermanent structures or forpermanentchangesinexistingfacilitics.
8.2Owners Right to stop theWork
If the Contractor fails to correct Work which is not in accordance with the requirements ofthe Contract Documents, orrepeatedly tails to catty out the Work in accordance with the Contract Documents, time Owner may issue a writtenordertotheContractortostoptheWork, or any portion thereof, until the cause for such order is eliminated; however, the right ofthe Owner to stop the Workshall not give rise to a duty on the part of the Owner to exercisethisrightforthebenefitOftheContractororanyotherpersonorenrity.
8.3 Ovmets Right to Cony Out theWort
Ifthe Contractor defaults orneglects to carry out the Work in accordance with the Contract Documents, and failswithinaten-day period after receipt ofnotice from the Owner to commence and continue correction ofsuch defaultorneglectwithdiligenceandpromptness, Ott Owner may, without prejudice to any other remedies the Owner mayhave, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both
subject to prior approval of the Architect and the Architect may, pursuant to Section 15.4.3, withhold or nullify aCertificateforPaymentinwholeorinpart, to the extent reasonably necessary to reimburse the Owner for thereasonablecostOfcorrectingsuchdeficiencies, including the Owner's expenses and compensation for theArchitect's additional services made necessary by such default, neglect, or failure. Ifthe Contractor disagrees withtheactionsoftheOwnerortheArchitect, orthe amounts claimed as costs to theOwner, the Contractormay file aClaimpursuanttoArticle21,
AR71CLE 9 CONTRACTOR
9,1 Review of Contract Documents and Field Conditions by Contractor
9.1.1 Execution ofthe Contract by the Contractor is a representation that the Contractorhas visited the site, become generally familiar with local conditions under which the Work is to be perforned and correlated personalobservationswithrequirementsoftheContractDocuments,
9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of theWork, carefully study and compare the various Contract Documents relative to thatportion ofthe Work, as well astheinformationfurnishedbytheOwnerpursuanttoSection9.1.2, shall take ficid measurements of any existingconditionsrelatedtothatportionoftheWorkandshallobserveanyconditionsAtthesiteaffectingit. TheseobligationsareforthepurposeoffacilitatingcoordinationandconstructionbytheContractorandarenotfor thepurposeofdiscoveringerrors, Omissions, or inconsistencies in the Contract Documents; however, the ContractorshallpromptlyreporttotheArchitectanyerrors, inconsistencies, oromissions discovered by ormade known to theContractorasarequestforinformationinsuchformastheArchitectmayrequire, It is recognized that theContractor's review is trade in the Contractor's capacity as a contractor and not as a licensed design professionalunlessotherwisespecificallyprovidedintheContractDocuments,
9.1.3 The Contractor is not required to ascertain that the Contract Documents arc in accordance with applicablelaws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the ContractorshaltpromptlyreporttotheArchitectanynonconformitydiscoveredbyormadeknowntotheContractorasarequestforinformationinsuchformastheArchitectmayrequire.
9.2 supervision and Construction Procedures
9.2.1 The Contractor shalt supervise and direct the Work, using the Contractor's best skill and attention. TheContractorshallbesolelyresponsibleforandhavecontroloverconstructionmeans, methods, techniques, sequences, and procedures, and for coordinating all portions ofthe Workunder the Contract, unless the ContractDocumentsgiveotherspecificinstructionsconcerningthesematters.
Ina, AtA Qooummrt A404^'—t:at7(rormetrr At47^—aAOTj, CaprttahfQlaa6, 1481, 195a, 14a1, 14a1, ta8e, taTO, t474, t4Ta, /4a7, 1447, 200f Arid 20t74yTheAmadyanMsehdeofArchftaGa, Aa repentraasrvad. WAnNrNt3; ThtaAIA' tma s+atawFt Fa arotsyrsd ay UPS. apydgrtt tswsad tntmma!danal ( Uaaot$tzatrraed
w.da
Traatraa 10
docurteaM was atWuyed by AfA aynwara at Oa;4A_47 ET as 94r27r2014 andw Qtder Na. a32aTlOTdawhM,A atrpses ya OttlQ1r20ta, and h sot ryareaare. User Nataa:
364ADA47)
Inn.
9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portion$ ofdieWork for oronbehalfoftheContractororanyofitsSubcontractors,
9.3 Labor and Materials
9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and otherfacilitiesandservicesnecessaryforproperexecutionandcompletionoftheWorkwhethertemporaryorpermanentandwhetherornotincorporatedortobeincorporatedintheWork.
9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and otherPersonscarryingouttheWork_ The Contractor shall no permit employment ofunfit persons or persons no skilledintasksassignedtothem.
9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the ArchitectandinaccordancewithaModification.
9.4 Ntarranty
The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract willbeofgoodqualityandnewunlesstheContractDocumentsrequireorPermitotherwise. The Contractor furtherwarrantsthattheWorkwillconformtotherequirementsoftheContractDocumentsandwillbefreefromdefects, except for those inherent in the quality ofthe Work the Contract Documents requireor permit. Work, materials, orequipmentnotconformingtotheserequirementsmaybeconsidereddefective. Tice Contractor's warranty excludesremedyfordamageordefectcausedbyabuse, alterations to the Work not executed by the Contractor, improper orinsufficientmaintenaace, improper operation or normal wear and tear under normal usage. All other warrantiesrequiredbytheContractDocumentsshallbeissuedindienameoftheOwner, or shall be transferable to the owner, and shall commence in accordance with Section 15,6.3.
9.5 Taxes
The Contractor shall pay sales, consumer, use, and other similar taxes that are legally enacted when bids arcreceivedornegotiationsconcluded, whether or notyet effective or merely scheduled to go into effect_
9.6 Permits, Fees, Noticas, and Con0ance v t Laws
9.6.1 Unless otherwise provided in dieContract Documents, the Contractor shall secure and pay for the buildingpermitaswellasnowpermits, fees, licenses, and inspections by government agencies necessary for properexecutionandCompletionoftheWorkthatareCustomarilysecuredafterexecutionoftheContractandlegallyrequiredatthetimebidsarereceivedornegotiationsConcluded.
9.6.2 The Contractor shall Comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders ofpublic authorities applicable to performance ofthe Work. IftheContractorperformsWorkknowingittobecontrarytoapplicablelaws, statutes, ordinances, codes, rules andregulations, or lawful orders ofpublicauthorities, the Contractor shall assume appropriate responsibility for suchWorkandshallbeartheCostsattributabletocorrection.
9.7 Allowances
The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shallselectmaterialsandequipmentunderallowanceswithreasonablepromptness, Allowanceamounts shall include thecoststotheContractorofmaterialsandequipmentdeliveredatthesiteandallrequiredtaxes, less applicable tradediscounts. Contractor's costa forunloading and handling at the site, labor, installation, overhead, profit, and otherexpensescontemplatedforstatedallowanceamountsshallbeincludedintheContractSumbutnotintheallowance,
91 Contractor's Ccnetruction Schedules
9,9.1 The Contractor, Promptly after being awarded the Camtract, shall submit for the Owner's and Architect'sinformationaCnnirBCtoesconstructionschedulefortheWork. The schedule shall not exceed time limits currentundertheContractDocuments, shall be revised atappropriate intervals as required by the conditions ofthe Wok
AtA noeament A104-- M7 trwmsrty Ala7--20071. C M®1938, 1951, 1968, 194t, likes, i@8@, 1979, 1974, 1978, 1987, 1997, 2007 W 2e17 byTheAmericanins8hdeofANrightsr"orred, WATRM , This AW umetn is pr t. byU.B. Copyright 4sw 4»r! fats atrmalkrrepaor #rW a at ` GaCSiasbert,. orsay perttaa arl4 may result is sav#m c€va arut erimlruli pan roc, sad t.0s 11proseoleethemaxteatposaaltatheis*. Tide documerawas@32873Q749whichexpiaaono8ralr$o/9, snd is sot Mrresale. by A40. software at08V9!47 ETonQ1177riot9 umMOrderNo.
UserNotes;
389AnA87)
and Project; shall be related to the entire Project to the extent required by the Contract Documents, and shall provideAirexpeditiousandpracticableexecutionoftheWork.
9.8,2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to dieOwnerandArchitect.
9.9 Submittals
94,1 The Contractor shall review for compliance with the Contract Documents and submit to die Architect ShopDrawings, Product Data, Samples, and similar submittals required by die Contract Documents in coordination withtheContractor's construction schedule and in such sequence as to allow the Architect reasonable time for review, BysubmittingShopDrawingsProductData, Samples, and similar submittals, the Contractor represents to die OwnerandArchitectthattheContractorhas (1) reviewed and approved them; (2) determined and verified materials fieldmeasurements, and field construction criteria related thereto, or will do so; and (3) checked and coordinated theinformationcontainedwithinsuchsubmittalswiththerequirementsoftheWorkandoftheContractDocuments. The Work shall be in accordance with approved submittals,
9,9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents,
9.9.3 The Contractor shall not be required to provide professional services that constitute the practice ofarchitectureorengineeringunlesssuchservicesarespecificallyrequiredbytheContractDocumentsortmless theContractorneedstoprovidesuchservicesinordertocarryouttheContractor's own responsibilities, ifprofionaldesignservicesorcertificationsbyadesignprofessionalarespecificallyessrequired, the Qwaer and the Architect willspecifytheperformanceanddesigncriteriathatsuchservicesmustsatisfy, The Contractor shall cause such servicesorcertificationstobeprovidedbyanappropriatelylicenseddesignprofessional. If no criteria are specified, thedesignshallcomplywithapplicablecodesandordinances. Each Party shall be entted to rely upon the informationprovidedbytheotherParty. The Architect will review and approve or take otherappropriate action
the
submittals forthelimitedpurposeofcheckingforconftarmancewill, information provided and the design concept expressed in theContractDocuments. TheArchitect's review ofShop Drawings, Product Data, Samples, and similarsubmittals shallbeforthelimitedpurposeofcheckingforconformancewithinformationgivenandthedesignconcepte,q,ressed intheContractDocuments. in performing such review, the Architect will approve, w take otter appropriate actionUpon, the Contractor's Shop Drawings, Product Data, Samples, and similar submittals.
9.19 use of SRO
The Contractor shall confineoperations at the site to areas permitted by applicable la statutes, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shalt not unreasonablyencumberthesitewithmaterialsorequipment.
19.11 Cutting and Patching
The Contractor shall be responsible for cutting, fitting, or patching required to complete the Word, or to make itspartsfittogetherproperty.
9.12 Clearing Up
The Contractor shall keep the premises and surrounding area free from accumulation ofwaste materials and rubbishcausedbyoperationsundertheContract. At completion ofthe Wont, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus material from and about the Project,
19.13 Accra to wort
The Contractor shall provide the Ownerand Architect with access to the Work in preparation and progress whereverlocated,
SAII Royaides, Patarda and Copyrighta
TheContractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringementofcopyrightsandpatentrightsandshallholdtheOwnerandArchitectharmlessfromlossonaccountthereof, butshallnotberesponsiblefordefenseortosswhenaparticulardesign, process, or product ofa particular manufacturerormanufacturersisrequitedbytheContractDocumentsorwherediecopyrightviolationsarecontainedinDrawings, Specifications or other documents prepared by die Owner or Architect. However, if an infringement ofa
c n,w• sahrnorM"Ala7"'— Inft 4oPrrINQh V 1938, t n um last, 1463, 148a, tare, OPY0 hate, W441
1947, tear and 2017 , FM Artatkan tr[stauM orArchltacp. AN rights rosarw,d, wARtitNta: Fria AtA nacwnantts PrMnctwday U,a. C:oprrlatd tawand ,tar Trataties, act
Unauthd.
MOMAI Vf6in or d1*10bution ar"A!A° Dwar otit, or a»Y P*itndn Of ktMAY m,;ua to savara ctvn end ornak ah Paneafwe, end.Will he 12 4/"
1
Mo U"d totawzit"w" exinnE rule andat ara taw. Ttft doewnaM was Pmdueed by A4l 110%"m at O&AS t7 ETan 01 'h2QOI0 velar CramerNo. lj43iszw,19 whk* axpkm on 0=112014, amt is not For roads, UaarMaros: 364AUA57)
copyright or patent is discovered by, or made knoiristmlessthein€ortnation is promptly furnishedwn to, the Contractor, the Cammctar shall be responsible for thetotheArchitect.
5.15 Indemnification
9,154 To the fullest "tent permitted by law, the Contractor shall indemnity and hold harmless the Owner, Architect, Architect's consultants, and agents and employees ofany of them from and against claims, damages, lasses and expenses, including but not limited to attorneys' fees, arising out ofor resulting from performance oftheWork, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, Or to injury to or destruction oftangible property (other than the Work itself), but only to the extent caused by thenegligentactsarOmissionsoftheContractor, a Subcontractor, anyone directly art indirectly employed by them, oranyoneforwhoseactstheymaybeliable, regardless ofwhether or not such claim, damage, loss, or expense Iscausedinpartbyapayindemnifiedhereunder. Such obligation shall not beconstrued to negate, abridge, orreduceotherrightsorobligationsofindemnitywhichwouldotherwiseexistastoapartyorpersondescribedinthisSection9,15,1.
9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee oft ieContractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone free whose acts they may be Gable theindemnificationobligationunderSection9.15,1 shall not be limited by a limitation on amount
they
or type
a liable,
compensation or benefits payable by or tierthe Contractor orSubcontractorunder workers' compensation acts, disability benefit acts or other employee benefit acts.
AtRTME 10 ARCHfTECT
ill The Architect will provide administration ofthe Contract as described in the Contract Documents and will beanOwner's representative during construction, until the date the Architect issues the final Certificate far Payment. The Architect will have authority to act on behalf ofthe Owner only to the extent provided in the ContractDocuments, unless otherwise modified in writing in accordance with other provisions ofdie Contract
10.2 Duties, responsibilities, and limitations of authority ofthe Architect as set fbtth in the Contract Documentsshallnotberestricted, modified, or extended without written consent ofthe Owner, Contractor; and Architect_ Consent shag not be unreasonably withheld.
10.3 TheArchitect will visit the site at intervals appropriate to the stage ofthe construction to became generallyfamiliarwiththeprogressandqualityoftheportionoftheWorkcompleted, and to determine in general, encraifthe WorkobservedisbeingperformedinamannerindicatingthattheWorkwirefullycompleted, will be in accordance withtheContractDocuments. However, the Architect will not be required to make exhaustive or continuous on -siteinspectionstocheckthequalityorquantityoftheWork. The Architect will not have control over, charge of, orresponsibilityfortheconstructionmeans, methods, techniques, sequences, or procedures, or forsafety precautionsandprogramsirecOanectioawiththeWork, since theca we solely the Contractor's rights and responsibilkies undertheContractDocuments.
10,4 On the basis ofthe site visits, the Architect will keep the Owner reasonably informed about the progress andqualityoftheportionoftheWorkcompleted, and promptly reportto the Owner (1) known deviations from timeContractDocuments, (2) known deviations from the mostreceaat constnction schedule submitted by theContractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor'sfailuretoperformtheWorkinaccordancewiththerequirementsoftheContractDocuments. The Architect will nothavecontroloverorchargeofandwillnotberesponsibleforactsoromissionsoftheContractor, Subcontractors, ortheiragentsoremployees, or any other persons or entities performing portions of the Work.
M Based on the Architect's evaluations ofthe Work arut ofthe Contractor's Applications for Payment, theArchitectwillreviewandcertifytheamountsduetheContractorandwillissueCertificatesforPaymentinsuchamounts.
10.6 The Architect has authority to reject Work that does not conform to the Contract Documents and to requireinspectionOrtestingoftheWork.
lost, rasa teat, (sea, 186a, isFa, taF4, taTa, 79aF, ta4F, 2aa7 and 2att WtirosmarmruraawtrorAeatraa06Anrtahpim&ofwd, WARNING: this AfA.'° nooamont aratectAd hrU.a. Oarxyrtaht taw A7, tRr7, 20k7 an 2017A y
I
e trYlAaataadt th% M
arttttAtntt"Alt04a of this r *0
rMGtt art"pantaa or it auy rMAan hf "Wfa Cka And' C tpanaataA, AndMoirho 13IPeadrtoo -
pi
A%tei%t tans under ere htw. Thb decumanr was produced W AEA softwua at (NIA0 47 ET on 41114 F2ata w 0RIW No, as"NoT49lrhictr acWraA art Oatai/2ats, and to not PortrsaataUarrNotate:
309ADA57)
10.7 The Architect will review and approve or take other appropriate action upon, the Contractor's submittals suchasShopDrawings, Product Data, and Samples, but only for the limited purpose of checking for conformance withinformationgivenandthedesignconceptexpressedintheContractDocuments.
10.8 TheArchitect will interpret and decide matters concerning performance under, and requirements of, theContractDocumentsonwrittenrequestofeithertheOwnerorContractor, The Architect will make initial decisionsonallclaims, disputes, and other matters in question between the Owner and Contractor but will not be liable forresultsOfanyinterpretationsordecisionsrenderedingoodfaith,
10,9 The Architect's decisions on matters relating to aesthetic effect will be final ifconsistent with the intentexpressedintheContractDocuments,
ARTICLE11 SUBCONTRACTORS
11,1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion oftheWorkatthesite.
11.2 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award oftheContract, shall notify the Owner and Architect ofthe Subcontractors or suppliers proposed for each ofthe principalportionsoftheWork. The Contractor shall not contract with airy Subcontractor or supplier to whom the Owner orArchitecthasmadereasonablewrittenobjectionwithintendaysafterreceiptoftheContractor's list ofSubcontractorsandsuppliers. Ifthis proposed but rejected Subcontractor was reasonably capable ofperforming theWork, the Contract Sum and Contract Time shall be increased or decreased by the difference, ifany, occasioned bysuchChange, and an aPProPriate Change Order shall be issued before commencement of the substituteSubcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor hasmadereasonableobjection.
11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subc:omn etor, to theextent oftheWorktobeperformedbytheSubcontractor, to be bound to the Contractor by the terms ofthe Contract Documents, and to assume toward the Contractor all theobligations and responsibilities, including the responsibility forsafety oftheSubcontractor's Work, which the Contractor, by the Contract DocumcnM assumes toward the Owner andArchitect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor thattheContractor, by these Contract Docutents, has against the Owner.
ARTICLE 12 CONSTRUCTION By OWNER OR BY SEPARATECONTRACTORS12,1 The term "Separate Contractor's)" shalt mean Other contractors retained by the Owner under separateagreements. The Owner reserves the right to perform construction or operations related to Noe Project with theOwner's own forces, and with Separate COntracton stained under Conditions ofthe Contract substantially similartothoseOf" Contract, including those provisions ofthe Conditions ofthe Contract slated to insurance andwaiverofsubrogation.
12.2 The Contractor shall afford the Owner and Separate Contractors reasonable Opportunity for introduction and
Contractor's activities
storage their materialhiesies
sand
equipment and p y
fortmance
of their activities, and shall connect and coordinate the withtheirsassquiredbytheContractDocuments. 17-
3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a SeparateContractorbecauseofdelays, improperly timed activities, or defectiveConstruction ofthe Contractor. The OwnershallberesponsibletotheContractorforcostsincurredbytheContractorbecauseofdelays, improperly timedactivities, damage to the Work, or defective construction of a Separate Contramr_ ARTICLE
13 CHANGES IN THE WORK 13.
1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may Order changes in doe Work within the general scope of theContract consistingofadditions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be audtorized by written Change Order signed by the Owner,, Contractor, a Architect, or by written Construction Change Directive signed by the Owner and Architect. Upon issuanceoftheChangeOrderorConstructionChangeDirective, the Contractor shall proceed promptly with such changesintheWork, unless otherwise provided in the Change Order or Construction Change Directive. wvcutmntrniw---
WVF parmanY A49T^—a90Tb Copyrpht019aa. 1931, 199a, i961, t94, 1966, 1970, 19TA, 197a, 19aT, 19aT2IXYT amf 2a1T . by Amarkap IneiautaatArcaaaaa. An rttahtf (aoonad, wAnMINr9: Then A4Y naswnaat u pmWc%d by U.S, capyripht taw and ttonat Troancs. Unoattrarap+od a(#ta tlaatian at aria A1A wnont, ar any pattiontit tt, Imy (*soft in a*"m ¢run rand eNentnal p*noa#*a, an# war tS* 14 f P( *d to - n+axh9nt paasatt* s rMt t taw. This doavmant W" p(ogyad by AIA Mft"(aat OSAO ? eTon 0112 P"19 under older Na. usafNa7a9whicha)<pk*a on 6aAirttrt9, alb is mat br (*cola. Uaar nokas: 9a9AOW) t
i
13.2 Adjustments in the Contract Sum and Contract Time resulting from A change in the Work shall be determinedbymutualagreementofthepartiesor, in the case ofa Construction Change Directive signed only by the Owner andArchitect, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit unless
Owner
parties agree on another method for determining the cost orcredit. Pending final o ehead and
ion
r
the fate! cost of a
the
Construction Change Directive, the Contractor may request payment for Warn completed pursuant
a
theConstructionChangeDirective, The Architect will make an interim determination ofthe amount of payment due forpurposesafcermtyingtheContractor's monthly Application for Payment When the Owner and Contractor agree onadjustmentstotheContractSumandContractTimearisingfromaConstructionChangeDirective, die ArchitectwillprepareaChangeOrder.
13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in theContractSumorextensionoftheContractTimeandnotinconsistentwishtheintentoftheContractDocuments. Such changes shall be effected by written order and shall be binding on the Owner and Contactor. The Contractorshallcarryoutsuchwrittenorderspromptly, IftheContractor be#beves that the proposed minor change in the Work willaffecttheContractSumorContractTime, the Contractor shalt notify the Architect and shall not proceed to implementthechangeintheWork. 13A
lfconcealed or unknown physical conditions are encountered at the site that differ materially from those indicatedintheContractDocumentsorfromthoseconditionsordinarilyfoundtoexist, the Contract Sum and ContractTimeshallbeequitablyadjustedasmutuallyagreedbetweentheOwnerPadContractor, provided that the ContractorprovidesnoticetotheOwnerandArchitectpromptlyandbeforeconditionsaredisturbed. ARTICLE
14 TWE 14.
1 Time limits stated in the ContractDocuments are of theessence ofthe Contract. By executing this Agreement dieContractorconfirmsthattheContractTimeisareasonableperiodforperformingtheWork. 14,
2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in theContractDocumentsforSubstantialCompletionoftheWork_ 14,
3 The tent "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defimd, 14.
4The date of SubstantialCompletion is the date certified by the Arcbitect in accordance with Section 15,63 14.
5 If theContractor is delayed at any time in the commencement or progress of theWork by (1) changes ordered intheWork; (2) by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonablyardicipatable, unavoidable casualties, or any causes beyond the Contractor's control, or (3) by other causesthattheContractorasserts, and the Architect determines, justify delay, then the Contract Time shalt be extendedforsuchreasonabletimeastheArchitectmaydetermine, subject to the provisionsof Article21. ARTICLE
15 PAYMENTS AND COMPLETION 15,
1 Schedule of Yam iS-
1,1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum PricepursuanttoSection31or3.4, the Contractor shall submit a schedule ofvalues to the Architect before the first ApplicationforPayment, allocating the entire Stipulated Sum or Guaranteed Maximum Price to the various portions OftheWork, The schedule of valuesshall be prepared in the form, and supported by the datato substantiate its accuracyrequiredbytheArchitect. This schedule of values shall be used as abasis for reviewing the Contractor's ApplicationsfbrPayment. 1&
1.2 The allocation of the Stipulated Sum or Guaranteed Maximum Price under this Section I5,1 shall not constituteaseparatestipulatedsumorguaranteedmaximumpriceforeachindividuallineiteminthescheduleof values, 15.
2 Control Estimate 15,
2.1 Where the Contact Sum is the Cost of theWork, plus the Contractor's Fee without a Guaranteed Maximum PricepursuanttoSection3.3, the Contractor shall prepare and submit to the Ownera Control Estimate within 14 Ind.
AtA QOCelitentA104--2017 ii nrearty Ata7M—a904 Copy nia lass, 'as', t900, that. 196$, t868, 297Q 1a74, t974, 19a7, 1997, 2ao7 told Mt7 by . TMAmedcen !nieces c Archas9st iN riono r0O* And. MrAatttti4i: tale AK nacinpont4 protected ley iRa. Copyright Law andbttoeetatiana4 Ttl*7a. ProsotuettMpNdNpnRtmQP "ttrMi60 kxr O40f tAanociimant, Qr any Portion of n, MAY reeun Irk 4111, &toff and erhuin$t peaanta4, $"a W(d bs 16 fato023074tMtheaek#ruon 0000110M and on notr r taw. Thfa 40eumenR Was Produced by ALA 400wore at 00:40:47 ET on Otf2 Mig undw onix No. f"t isV320290740 vAtidk sapirs4 0n 00Ntf20itt. and (a railfor rssNa, UaerNot+s: 389t,
DA97)
days ofexecuting this Agreement. The Control Estimate shall include theestimated Cost of the Work plus theContractor's Fee,
15,2.2 TheControl Estimate shall include:
A the documents enumerated in Articleb, including all Modifications thereto; 2 a list ofthe assumptions made by the Contractor in the preparation ofthe Control Estimate tosupplementtheinformationprovidedbytheOwnerandcontainedintheContractDocuments; 3 a statement of the estimated Cost of the Work organized by trade categories or systems and theContractoesFee;
4 a project schedule upon which the Control Estimate is based, indicating proposed Subcontractors, activity sequences and durations, milestone dates for receipt and approval of pertinent information, schedule ofshop drawings and samples, procurement and delivery ofmaterials or equipment theOwner's occupancy requirements, and the date of Substantial Completion; and5alistofanycontingencyamountsincludedintheControlEstimateforfurtherdevelopment ofdesignandconstruction•
15,2,3 When the Control Estimate is acceptable to the Owner and Architect, the Owner shall acknowledge it inwriting, The Owner's acceptance ofthe Control Estimate does not imply that tie Control Estimate constitutes aGuaranteedMaximumPrice,
15.2.4 The Contractor shall develop and implement a detailed system ofcost control that will provide die OwnerandArchitectwithtimcdyinformationastotheanticipatedtotalCostoftheWork, The cost control system shallcomparetheControlEstimatewiththeactualcostforactivitiesinprogressandestimatesforuncompletedtasksandProposedchanges. This Information shall be reported to theOwner, in writing, en later thanthe Contractor's firstApplicationforPaymentandshallberevisedandsubmittedwitheachApplicationforPayment.
15.2.5 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the AgreedassumptionscontainedintheControlEstimate. The Owner shall promptly tarnish such revised ContractDocumentstotheContractor. The Contractor shall notify the Owner and Architect of any inc
re
inconsistencies betweentheControlEstimateandtherevisedContractDocuments.
15.3 Application forPast
15.3.1 At least tan days before the date established for each progress payment, the Contractorshall submit to theArchitectanitemizedApplicationforPaymentpreparedinaccordancewiththescheduleofvalues, ifrequircd underSectionIS, 1, for completed portions ofthe Work. The application shall be notarized, if required; be supported by alldatasubstantiatingtheContractor's right to payment that the Owner or Architect require; stall refleut retaittage ifprovidedforintheContractDocuments; and include any
be
mast control information required by Section15.2.4. Applications for Payment stunt not include requests for payment for pardons ofthe Work for which theContractordoesnotintendtopityaSubcontractororsupplier, unless such Work has been performad by otherswhomtheContractorintendstopay.
15.31 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the CostoftheWorkwithaGuaranteedMaximumPrice, the Contractor shall submit payroiFs petty cash aceamts, receiptedinvoiceswinvoiceswithcheckvoucherattached, and any outer evidence required by the OwnertodemonstratethatcashdisbursementsalreadymadebytheContractoroftaccountoftheCostoftheWorkequalorexceedprogresspaymentsalreadyreceivedbytheContractorpluspayrollsfortheperiodcoveredathe
present ApplicationforPaymentlessthatportionoftheprogresspaymentsattributabletotheContractor's Fee. 15-
13 Payments shall be made on account of materialsand equipment delivered and suitably stored at the sitefor subsequentincorporationintheWork. If approved in advance by the Owner, payment may similarly be made for materialsandequipmentstored, and protected from damage, offthe site at a location agreed upon in writing. 15,
3.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner nolaterthanthetimeofpayment. The Contractor further warrants that upon submittal of anApplication for PaymentailWorkforwhichCertificatesforPaymenthavebeenpreviouslyruedandpaymentsreceivedfromthe Ownershall, to the best oftheContractor's knowledge, information and belief; be free and clear of liens, claims, securityinterestsorotherencumbrancesadversetotheOther's interests. Me
Anwdeantna8tuta ofArcNtects.Aa rl_rtd' apyngee as l@aa,1@St,t@SB,t@81, tata,l@8a,i@70,1@74, t47@, 1287. 1947, 2007 and2017 by qoothe, A1A wAnMn46i MIS MAT oosument is pwatsetnd by u.@. copytmatd Late and tndemnattonatTrasnna. 4 unataOt104trePotFardtn#rm0utt+tn aE netsALASnus or any n of It, pnsY Mutt snvern 040 and cttttdn4t po.: a, and wet ha Is Pnasea0endiretheXnOWnrelentPoas"'term the taw, This 40MOOM was Produced by ALA sOMwn of 08.+4947 ET an 0112ZI2019 under Order No E228280744whicheVkea0n08A1112014, and Is not Forreutle. userMotu: a9@AOAs7)
15.4Certificates tot Payment
18A.1 The Architect will, within seven days after receipt ofthe Contractor's Application for Payment, either issuetotheOwneraCertificateforPayment, with a copy to the Contractor, for such amount as the Architect determinesisproperlydue, or notify the Contractor and Owner of the Architect's reasons for withholding certification in wholeorinpartasprovidedinSection15A.3.
15.4,2 Tiie issuance ofa Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the World and the data in the Application for Payment, that, to the best of theArchitect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality oftheWorkisinaccordancewiththeContractDocuments, and the Contractor is entitled to payment in the amountcertified. The foregoing representations are subject to an evaluation ofthe Work for conformance with the ContractDocumentsuponSubstantialCompletion, to results of subsequent tests and inspections, to correction ofminordeviationsfromtheContractDocumentspriortocompletionandtospecificqualificationsexpressedbytheArchitect. However, the issuance ofa, Certificate for Payment will not be a representation that the Architect has (t } madeexhaustiveorcontinuouson -site inspections to check the quality or quantity of theWork; (2) reviewed constructionmeans, methods. techniques, sequences, or procedures; (3) reviewed copies of requisitions received fromSubcontractorsandsuppliersandotherdatarequestedbytheownertosubstantiatetheCoatractotorightPaymentor (4) made examination to ascertain how or for what purposethe Contractor has used money previously paid onaccountofthecontractSam, 15.4.
3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protecttheOwner, if in theArchitect's opinion the representations to the Owner required by Section 15.4.2 cannot bemade. Ifthe Architect isunable to certify payment in the amount ofthc Application, the Architect will notify the ContractorandOwnerasprovidedinSection15.4, L Ifthe Contractor and theArchitect cannot agree on a revisedamount, theArchitectwillPromptlyissueaCertificateforPaymentfortheamountforwhichtheArchitectisabletomakesuchrepresentationstotheOwner. The Architect may also withhold a Certificate for Payment or, because of subsequently discoveredevidence, maynullify the whole or a part of a Certificate forPaymentPreviously issued, to suchextentasmaybenecessaryintheArchitect's opinion to protect the Owner from loss for which the Contractor isresponsible, including loss resulting from acts and omissions described in Section 4.2.2, because of 1 defectiveWorkthat
remedied; 2 third -party claims
filed or reasonable evidence indicating probable filing of such claims unless securityacceptable to the OwnerisprovidedbytheContractor; 3 failure of the
Contractor to makepayments properly to Subcontractors or suppliers for labor, materials or equipment; 4 reasonableevidencethat
the Work cannot be completed for the unpaid balance of the Contract Sum; s damage to dieowneroraSeparateContractor; 6 reasonable evidence that
die Work will not be completed within the Contract Time and that rho unpaid balance would not beadequatetocoveractualorliquidateddamagesfortheanticipateddelay; or T repeated faiture tocarryouttheWorkinaccordancewiththeContractDocuments. iSM When either party
disputes the Architect's decision regarding a Certificate for Payment under Section 15*3, in wholeorinPart, that Party may submit a Claim in accordance with Article 21, 15.5 Progren Payments
15.5,1 The
Contractor shalt pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount towhichtheSubcontractorisentitled, reflecting percentages actually retained from payments to the Contractor on accountoftheSubcontractor's portion of the Wade_ The Contractorshall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub -subcontractors in a similar manner. 1&5.2Neither
the Owner nor Architect shalt have an obligation to pay or see to the payment of money to a Subcontractor or supplier exceptasmayotherwiseberequiredbylaw. 15.5.3 A
Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by theOwner shall not constituteacceptanceofWorknotinaccordancewiththeContractDocuments. Ink AIA Document AM--
2o1T fturmarty ,1A107--204CMhQ1*'as, trial, IM961,1963,1966.197a.1974, 1976,1967,t997,20a7 smt 2a17 by The American rnslauta of Arcaaacts, An delta neerved. WA r Thta AIA. Doewmat is pratw#d by UAa CopyrightLawand. tnmmoonat rmaramn, Uneuthasuird m ucnon or distributionofartsAIA" Qoew"rit orarty p n at It, snag rserdhis 4sesrs er41tand orbnhn4l pan441W and wit be 17 r prosecuted to the masim"M extent possible under the tsw; This document was produced by AIA sothrran at 0a49&47 ET an 01122r1019 under order Ma. 8328230749 which expires on QMInai9, and is sot forressla. user Moon: 3a9ADA67)
15.5.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shalldefendandindemnifytheOwnerfromallloss, liability, damage or expense, including reasonable attorneys foesandlitigationexpenses, arising out ofany lien claim or other claim for payment by any Sub onnactor or supplier ofanytier. Upon receipt ofnotice of a lien claim or other claim for payment the Owner steall nods the Contractor. 1Fapprovedbytheapplicablecourt, when required, the Contractor may substitute a surety bond for the propertyagainstwhichthelienorotherclaimforpaymenthasbeenasserted.
15.6 Substantial Completion
15.6.1 Substantial Completion is the stage in the progress ofthe Work when the Work or designated portion thereofissufficientlycompleteinaccordancewiththeContractDocumentssothattheOwnercanoccupyorutilizetheWorkforitsintendeduse,
15.6.2 When the Contractorconsiders that die Work, or a portion thereofwhich the Owner agrees to acceptseparately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list ofitemstobecompletedorcorrectedpriortofinalpaymentFailuretoincludeanitemonsuchlistdoesnotaltertheresponsibilityoftheContractortocompleteallWorkinaccordancewiththeContractDocuments.
15.6.5 Upon receiptofthe Contractor's list, dieArchitect will make an inspection to determine whether the Workordesignatedportionthereofissubstantiallycomplete. When the Architect determines that the Work or designatedPortionthereofissubstantiallycomplete, the Architect will issue a Certificate ofSubstantial Completionwhich shallestablishthedateofSubstantialCompletion, establish responsibilities ofthe Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shallfinishallitemsonthelistaccompanyingtheCertificate. Warranties required by the Contract Documeats shallcommenceonthedateofSubstauutialCompletionofthe. Work or designated portion thereof unless otherwiseprovidedintheCertificateofSubstantialCompletion.
MA The Certificate ofSubstantial Completion shall be submitted to the Owner and Contractor for their writtenacceptu= ofresponsibilities assigned tothem in the Certificate. Upon such acceptance and consent ofsurety, ifany, the Owner shall make payment ofretainage applying to the Work or designated portion
cons ntthereat Such paymentshallbeadjustedforWorkthatisincompleteornotinaccordancewiththerequirementsoftheContractDocuments.
16.7 Final Complad n and Final Payment
15.7.1 Upon receipt of the Contractor's notice that the Wait is ready fo€ final inspection and acceptance and uponreceiptofafinalApplicationforPayment, the Architect will promptly make such inspection aid, when the ArchitectfindsdieWorkacceptableundertheContractDocumentsandtheContractfullyperformed, the Architect willPromptlyissueafinalCertificateforPaymentstatingthattothebestoftheArchitect's knowledge, information andbelief, and on the basis ofthe Architect'sowsite visits and inspections, the Work has been completed in accordancewiththeContractDocumentsandthattheentirebalancefoundtobeduetheContractorandnotedinthefinalCertificateisdueandpayable. The Architect's final Certificate fir Payment will constitute a further representationthatconditionsstatedinSection15.7.2 as precedent to the Contractors being entitled to final payment have beenfulfilled.
15.7.2 Final payment shall not become due until the Contractor has delivered to the fawner a complete release ofallliensarisingoutofthisContractorreceiptsinfullcoveringalltabor, materials and equipment for which a lien couldbefiled, or abond satisfactory to the Owner to indemnifjthe Owmu against such lien, if suchheft remains unsatisfiedafterpaymentsaremade, the Contractor shall refund to the Owner all money that the Owner may be compelledtopayindischargingsuchlien, including costs and reasonable attorneys' (ees. 15.
T.3 The making of finalpayment shall constitute a waiver of claimsby the Owner except those arising from Aliens, claims, security interests or encumbrances arising out of theContract and unsettled; 2failureoftheWorktocomplywiththerequirementsoftheContractDocuments; 3termsofspecialwarrantiesrequiredbytheContractDocuments; or 4
audits performed by the Owner, if permittedby die Contract Documents, after final payment nit.
AIA DocQmeet A104--2017 Rom" A107--tsar), Cepin,patQ 78, t967, ta5a t6at,1 tMAawkenhta9arbofAtch*WL AR rights nssrvad. WARN.. m aaa, 1"0, 1970, 1074, 19T9, 1997, h997. 2447 and 2017 by uaauthorfadnmprraOQat#an ardtatrtlaQFPaa ar thusAIM to okra pmtactad tag u.a,. Capyrhght Gas endh nomattonahTredhre9. 18 ttacursienC9rsaypa+Vaa aril, may rear, ho44vsre 4tvit andcriaih441 panwta4a, and win hOr0324230749wichoxiwesan "1011.
pa9aand radar the, tsw. Thds decumant ores Pmdumd W AIA Software at Q9:49,47 ET on01raizai 9 under Order No, a329230749whichexrkreaas09Nir2Q19, eM is not far reaak. UserNaas. 309AOA37)
15$.4 Acceptance of final payment by the Contractor. a Subcontractor or supplier shall constitute a waiverofclaimsbythatpayeeexceptthosepreviouslymadeinwritingandidentifiedbythatpayeeasunsealedatdietime ofthefinalApplicationforPayment,
ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY16.1 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programsinconnectionwiththeperformanceoftheContract. The Contractor shalt take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to1employeesondieWorkandotherpersonswhomaybeaffected thereby; 2 the Workand materials and equipment to be incorporated therein, whether in storage on oroff the site, undercare, custody, or control ofthe Contractor, a Subcontractor, or a Sub -subcontractor, and3otherpropertyatthesiteoradjacentthereto, suchstructuresandutilitiesnotdesignatedforremoveas trees, shrubs, (awns, walks pavements, roadways,
construction, 1, relocation, or replacement in the course of
The Contractor shall comply will), and give notices required by, applicable laws, statutes, ordinances, codes. rulesandregulations, and lawful orders of public authorities bearing on safety ofperswis and property and theirProtectionfromdamage, injury, or loss. The Contractor shall promptly remedy damage and loss to property causedinwholeorinpartbytheContractor. a Subcontractor. a sub-subcontractr, or anyone directly or indirectlyemployedbyanyofthem, or by anyone for whose acts they may be liable and for which the Contractor isresponsibleunderSections16A1and16.1.3, The Contractor may make a claim for the cost to remedy die damageorlosstotheextantsuchdamageorlossisattributabletoactsoromissionsoftheOwnerorArchitectorbyanyoneforwhoseactseitherofthemmaybeliable, and not attributable to the fault or negligence ofdie Contractor. TheforagaingobligationsoftheContractorarcinadditiontotheContractor's obligations under
the
Section
tract
162 Hazaniaua Materials and Substances
ZI The Contractor is responsible for compliance with the requirements ofthe Contract [documents regardinghazardousmaterialsorsubstances. If the Contractor encounters a hazardous material Orsubstance not addressed intheContractDocuments, and ifreasonable precautions will be inadequate to prevent foreseeable bodily injury ordeathtoparsonsresultingfromamaterialorsubstance, including but not limited to asbestos orpo(ychiorinetndbiphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect ofthe condition. When the materialorsubstancehasbeenrenderedharmless, Work in the affected area shall restune opne written agreement oftheOwnerandContractor. By Change Order, the Contract Time shall be extended appropriately and the Cantraet SumshallbeincreasedintheamountoftheContractor's reasonable additional costs of shutdown, delay, and start-up.
1622 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractor,(, Architect, Architect's consultants, and agents and employees of any ofthem from and againstclaims, damages, losses, and expenses, including but not limited to attorneys, fees, arising out afar resulting fromPerformanceoftheWorkintheaffectedarea, ifin fact, die material or substance presents the risk ofbodily injury ordeathasdescribedinSection16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, orexpenseIsattributabletobodilyinjury, sickness, disease ordeath, or to injury to ordestruction oftangible propertyotherthantheWorkitself), except to the extent that such damage, loss, orexpense is due to the fault ornegligenceofthepartysackingindemnity.
1613 If, without negligence on the part ofthe Contractor, die Contractor is held liable by a government agency forthecostofremediatianofahazardousmaterialorsubstancesolelybyreasonofperformingWorkasrequiredbytheContractDocuments, the Owner shall indemnify the Contractor for all cost and expanse thereby incurred.
ARTICLE IT INSURANCE AND BONDS
1TA Contractor's insurance
17.1A The Contractor shall purchase and maintain insurance of the types and limits ofliability, containing theendorsements, and subject to the terms and conditions. as described in this Section 1T.1 or elsewhere in the ContractDocuments. The Contractor shall purchase and maintain the insurance required by this Agreement from an insurancecompanyorinsurancecompanieslawfullyauthorizedtoissueinsuranceinthejurisdictionwheretheProjectis
ImiG AiA aooamerrt At041-2et7(rormsrtypter-- 20erl, CopyrWo Q 1934, 14s1, 19Kfast, igas, tase,t%TO.18?4, to?&tas7, 1a87, 200tAM 2et74y. The Amedaet instated arAMMierdS. Ace rt hte rMrvea. WARNING: Thle A(A aooumentk prnlestea ai` u.a. Capyriaht a. 1 Art, hna, 2007 and2017byUnaurh+utje4rt repreduCUo ttor dhat€i6utktn ornhtaAtAo tnacumreru, at Any portionofkmay +stuntoAArs. ct1: a ant crimbtar panahtes, 404 we# bo 19rproaesato, to Ma am nan
extaati 19, Possible s
rdar#re . TINS doorman was prnducad by AMA tanners 01e11:49A? Er on 0112MI a wader Order tie. es2s2xn4a wMch anptea an eero1r1o1e, e a u nor rotroaststalerwrtaa:
a64ADA57)
located. The Contractor shall maintain the required insurance until the expiration ofthe period for correction ofWorkassetforthinSection18A, unless a different duration is stated below:
17.1,2 Commercial General Liability insurance for the Project written on an occurrence form with policy limits ofnotleasthan (S ) each occurrence, (S ) general aggregate, and (S )aggregate for products -completedoperationshazard, providing coverage for claims including
1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, anddeathofanyperson;
2 personal and advertising injury;
3 damages because of physical damage to or destruction of tangible property, including the toss of use ofsuchproperty;
A bodily injury or property damage arising out of completed operations; and5theContractor's indemnity obligations under Section 9,1S,
17.13 Automobile Liability covering vehicles awned by the Contractor and non awned vehicles used by theContractor, with policy Limits ofnot less than (S ) per accident, for bodily injury, death of any person, andpropertydamagearisingoutoftheownership, maintenance, and use of those motor vehicles along with any otherstatutorilyrequiredautomobilecoverage,
VIA The Contractor may achieve the required limits and coverage for Commercial General Liability andAutomobileLiabilitythroughacombinationofprimary, and excess or umbrella liability insurance, provided suchprimaryandexcessorumbrellainsurancepoliciesresultinthesameorgreatercoverageasthoserequiredunderSection17.1,2 and IT 1.3. and in no event shall any excess or umbrella liability insurance provide narrowercoveragethantheprimarypolicy, The excess policy shall not require the exhaustion of the underlying limits onlythroughtheactualpaymentbytheunderlyinginsurers.
17.1,5 Workers' Compensation atstatutory limits,
17.1,8 Employers' Liability with policy limits not less than (S ) each accident, IS ) each employee, and (Spolicylimit.
17.1.7 Ifthe Contractor is required to furnish professional services 83 part ofthe Work, the Contractor shall procureProfessionalLiabilityinsurancecoveringperformanceoftheprofessionalservices, with policy limits ofnot lessthan (S ) per claim and (S ) in the aggregate.
17.1.8 Iftee Work involves tie transport, dissemination, use, or release ofPallutarrts, the Contractor shall procurePollutionLiabilityinsurance, with policy limits ofnot less than (S ) per claim and ($ ) in the aggregate.
17.13 Coverage under Sections 17. L7 and 17.1.8 may be procured through aCombined Professional Liability andPollutionLiabilityinsurancepolicy, with combined policy limits ofnot less than ($ ) perclaim and (S ) intheaggregate,
17.1.10 The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance withtherequirementsinthisSection17.1 at the following times: (1) prior to commencement of the Work; (2) uponrenewalorreplacementofeachrequiredpolicyofinsurance; and (3) upon the Oxmer's lvdtten request. Anadditionalcertificuteevidencingcontinuationofliabilitycoverage, including coverage for completed operations, shall be submittal with the final Application for Payment and thereafter upon renewal or replacement ofsuchcoverageuntiltheexpirationoftheperiodrequiredbySection17.1.1, The certificates will show the Owner as anadditionalinsuredontheContractor's Commercial General Liability and excess or umbrella liability policy.
17.1,11 The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to anyinsurancerequiredtobeprovidedbytheContractor.
17,1.12 To the belles[ extent permitted by law, the Contractor shall cause the commercial liability coveragerequiredbythisSection17.1 to include (1) the Owner, the Architect, and the Architect's Consultants as additional
tiro. Abe Documont A104TM 201T (tcmMtfy A107^— 290T Gopytlgbt 01930, ta61, 149a, 1901, 1043, Me, 1970, 1974, 19Ta. 1907, 199T, 2007 and 2017 byTheAmancanInsatbleorArchibcht. ADrights renewed. wAV"No: Th1aAnA" noaunaumant.GtprolactAd by U,a. 6opyrrght Lawand IntamananarTmatte4> Q pmsaiwtod t raprydustten cr dtatrt nofthis AiA°' tYecumernt or so P*rnnn a1a, may re4ua to sexaro+gvtt4nd cr{mtnat pabaisas, and wig ba 2Q
praaacafed toDes maatmum 4xtanR pcasibte under the taxi, Thfs (IMMont was produced by AtAsditwom aR 04A 47 ETon OiRE2/2019 u,Wer Qrda tic. 8326230749 which expires an QEl01f2019, and is not roe rssste, ttser Nabs:
399ADA5T)
insureds for claims caused in whole Or in part by the Contractor's negligent acts or omissions during theContractor's operations, and (2) the Owner as an additional insured for claims caused in whole or in part by theContractor's negligent actsor omissions for which loss Occurs during completed operations. The additional insuredcoverageshallbeprimaryandnon-contributory to any Ofthe Owner's general liability insurance policies and shallapplytobothongoingandcompletedoperations. To the extent commercially available, the additional insuredcoverageshallbenolessthanthatprovidedbyInsuranceServicesOffice, inc. (ISO) forms CG 20 10 0704, CG 20370704, and, with respect to the Architect and the Architect's Consultants, CO 20 32 07 04.
17.1.13 Within three (3) business days ofthe date the Contractor becomes aware of art impending or actualcancellationorexpirationofanyinsurancerequiredbythisSection17.1, the Contractor shall provide notice to theOwnerofsuchimpendingoractualcancellationorexpiration. Uponreceipt ofnoticefrom the Contractor, theOwnershall, unless the lapse in coverage arises from an act oromission ofthe Owner, have the right to stop theWorkuntilthelapseincoveragehasbeencuredbytheprocurementofbe
coverageet e
the Contractor. ThefurnishingofnoticebytheContactorshallnotrelievetheContractorofattycontractualobligationtoprovideanyrequiredcoverage.
17.1.14 Other Insurance Provided by the Contractor
7 40 below arty Other Inuurance coverage to be provided bu tine Contractor and any applicable limits,)
Coverage Umks
17.2 Owner's Insurance
172.1 Owners Uad7lllty insurance
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.
172-2 Property Insurance
17.2.2.1 The Owner shall purchase and maintain, from an insurance company or insurance companies lawfullyauthorizedtoissueInsuranceinDiejurisdictionwheretheProjectislocated, property insurance written on abuilder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of theentireProjectonareplacementcostbasis. The Owner's property insurance coverage shalt be no less than theamountoftheinitialContractSum, plus the value ofsabsequent Modifications and labor performed or materials orequipmentsuppliedbyother. The property insurance shall be maintained until Substantial Completion and
thereafter as provided in Section 17.2,21, unless otherwise provided in the Contract Documents or otherwise agreedInwritingbythepattiestothisAgreement. This insurance shall include the interests ofthe Owner, Contractor, Subcontractors, and Sub -subcontractors in the Project as insureds. This insurance shall include the interests ofmortgageesaslosspayees.
17.2.22 Unless theparties agreeotherwise, upon Substantial Completion, the Owner shall continue the insurancerequiredbySection17.2.2,1 or, ifne essary, replace die insurance policy required under Section 17.22.1 withpropertyinsurancewrittenforthetotalvalueoftheProjectthatshallremainIneffectuntilexpirationoftheperiodforcorrectionoftheWorksetfirthinSection18A.
172XII If the insurance required by this Section 17.2.2 is subject to deductibles or self insured retentions, theOwnershallberesponsibleforalllossnotcoveredbecauseofsuchdeductiblesorretentions.
17.2,2.4 Ifthe Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until die expiration of the period for correction ofWork as set forth inSection18.4, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure againstdirectphysicallossordamage, notwithstanding the undertaking ofthe Work. The Owner shall be responsible for atcoinsurancepenalties.
17.2.2.5 Prior to commencement ofthe Work, the Owner shall secure the insurance, and provide evidence ofthecoverage, required under this Section 17.2,2 and, upon theContractor's request, provide a copy ofthe propertyinsurancepolicyorpoliciesrequiredbythisSection17.2.2. The copy of the policy or policies provided shall containallapplicableconditions, definitions, exclusions, and endorsements.
Inn. AIA noeurneat Ata4-- 2017atomnirgrA107r* — 2e971, cW+Yr$ Q lesa, 1951, 19a6, 1961, 1993, 1946, 1070, ta74, 1976, 19a7, 1997, 2aa7 and2"? byTheAmericankaft" ofArodeog, AceVo nMrrec w rtN NG: ttda An4:" Oaeumantis rruteoradtry± ll.a, Copyr79ht 4.awMar tatarnanono Trsaaga, A ,.r tiaauth4raad rarradit40" ort0stribunoa of Rao AtA* Cocunent, orgay ponian of a, may msoa in %"wechar and or4a vAtreentaiex,. anefi waI be 2 itR^I f rrovaoutsd 4o fho nrasbraam os#errc p000ttde umtsr the rgw. This dowma+t was pmduced by AUl wawera at 0649A7 ET on 01122rt019 uMar t?rgar Na. 0328230749 whichaxpwaa on 96x717no19, endrs run roresaata, user Not*$:
3a9AQAS7)
nit
h
17,2,2,6 Within three (3) business days of the date the Owner becomes aware of an impending or actual
cancellation or expiration of any insurance required by dds Seddon 17.2,2, the Owner shall provide notice to theContractorofsuchimpendingoractualcancellationorexpiration. Unless the lapse in coverage arises from an act oromissionoftheContractor (1) the Contractor, upon receipt ofnotce front the Owner, shall have the right to snapduWorkuntilthelapseincoveragehasbeencuredbytheprocurementofreplacementcoverageby (littler theOwnerortheContractor; (2) the Contract Time and Contract Sum shall be equitably adjusted: and (3) theOwnerwaivesallrightsagainstOleContractor, Subcontractors, and Sub -subcontractors to die extent any loss to dre Owtterwouldhavebeencoveredbytheinsurancehaditnotexpiredorbeencancelled. If the Cst roc
n
purchasesreplacementcoverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. [tiefurnishingofnoticebytheOwnershallnotrelievetheOvmerofanycontractualobligationtoproviderequiredinsurance.
17,2.L7 Waiver of Submiladon
17.2.2.7.1 The Ownerand Contractor waiveall rights against (1) each other and anyoftheir subcontractors, subssubcontractors, agents, and employees, each oftheother, (2) the Architect and Architect's consultants; and (3) SeparateContractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damagescausedbyfire, or odw causes of foss, to the extent those losses are covered by property insurance required bythisAgreementorotherpropertyinsuranceapplicabletotheProject, except such rights as they have m proceeds ofsuchinsurance. Tile owner or Contractor, as appropriate, shall require siin ar written waivers in favor of the individualsandentitiesidentifiedabovefromtheArchitect, Architect's consultants, Separate Contmctms, subcontractors,
and sub -subcontractors, The- policies of insurance purchased and maintained by each person or entity agreeingtowaiveclaimspursuanttothisSection17.2.2.7 shall not prohibit this waiver of subrogation. This waiver ofsubrogationshallbeeffectiveastoapersonorentity (1) even though diet person or entity would othmvise have a dutyofindemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premiumdirectlyorIndirectly. or (3) whether or not the person or entity had an insurable interest in the damaged property. 17.
U,7.2 if duringthe Project construction period the Owner insures properties, real or personal or both, at or adjacenttothesitebypropertyinsuranceunderpoliciesseparatefromthoseinsuringtheProjectorifafterfinalPaymentPropertyinsuranceistobeprovidedonthecompletedProjectdtroughapolicyorpoliciesotherthanthoseinsuringtheProjectduringtheconstructionperiod, to the extent permissible by such policies, the Owner waivesall rightsinaccordancewiththetermsofSection17,2.2,7.1 for damages caused by fire or othercauses of toss covered bythisseparatepropertyinsurance, 17.
U8 A loss insured udder the Owner's property insurance shall be adjusted by the Owner as fiduciary and made PayabletotheOwnerasfiduciaryfortireinsureds, as their interests may appear, subject to requirements of anyapplicablemortgageeclause, The owner shall pay the Architect and Contractor their just shares of insurer« Proceeds
received by the Owner, and by appropriate agreements, written where legally required for validity, the ArchitectandContractorshallmakepaymentstotheirconsultantsandSubcontractorsinsimilarmanner. 17.
2,3Other Insurance Provided by theOwner List
below ar{y other 14turanca cars OV to be provided Av the apeer mad any applicable limirs,) Coverage (
gyps 17.
3 Performance Bond and Payment Bond 17J-
1 The Owner shall have the right to require the Contractor to furnish Fonds covering faithful performance of dueContractandpaymentofobligationsarisingthereunderasstipulatedintheContractDocumentsonthedateofexecutionoftheContract, 17.
3,2 Upon the request of anyperson or entity appearing to be a potential beneficiary of bondscovering payment ofobligationsarisingundertheContract, the Contractor shall promptly famish a copy ofthe bonds or shall authorize acopytobefurnished, vtr nonnarry
star• 2oerr{. Gapyripht0 1930, 1981, t980, 1881, 1993, 1988, t970, t974, 1878, 1087, 1997, 2 sno 2017 0y Tha AmanepeMa9aMMAmAriats, Acerehts nisorvaA, WAaNni£3: This, AtAt' o t is aroox"d oy U,a, capgrlght Law goof tntomaa0nat'ewatFaa. OftaothOtUod ropmdoctiortorraor"r t orttits AK4 uo4omant, or 4ny porltoo of k may molttn,av,m aiva #00 artmtn41 po041004, ant wig tow 22 prosaeorad to
0so ays oMM astattt patsaad, smut Ow 14W Thit dowment "I produead ayAIA adiwam at 04.49:47 V on 01t2 M19 vNer Order No, 8328230749 whichsapsmson04Mtt2019, and is rW 9x raga. user Notes;
399AQW)
ARTICLE 18 CORRECTION OF WORK
181 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to therequirementsoftheContractDocuments, whether discovered before or after Substantial Completion and whether ornotfabricated, Installed, or completed. Costs ofcorrecting such rejected Work, including additional testing andinspections, cite cost of uncovering and replacement, and compensation for the Architect's services and expensesmadenecessarythereby, shall be at the Contractor's expense, unless compensable under Section A.1,7.3 in ExhibitA. Determination of the Cost of the Work.
14.21n addition to the Contractor's obligations under Section 9.4, if, within one year after the date of SubstantialCompletionoftheWorkordesignatedportionthereoforafterthedateforcommencementofwarrantiesestablishedunderSection15.6.3, or by terms of an applicable special warranty required by the Contract Documents, any of theWorkisfoundtobenotinaccordancewiththerequirementsoftheContractDocuments, the Contractor shall correctitpromptlyafterreceiptofnoticefromtheOwnertodosounlesstheOwnerhaspreviouslygiventheContractora
written acceptance of such condition. 'Me Owner shall give such notice promptly after discovery ofthe comlitiowDuringtheone-yearperiod for correction of Work, ifthe Owner faits to notify the Contractor andgivetheContractoranOpportunitytomakethecortection, the Owner waives the rights to require correction by theContractorandtomakeaclaimforbreachofwarranty.
18.31f the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it inaccordancewithSection8.3,
18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performedafterSubstantialCompletionbytheperiodoftimebetweenSubstantialCompletionandtheactualcompletionofthatPortionoftheWork.
18,5 The one-year period for correction of Work shall not be extended by corrective Work performed by theContractorpursuanttothisArticleI8,
ARTICLE 19 MISCELLANEOUS PROvISit3NS
19.1 A"IfInment of Contract
Neither party to the Contract shall assign the Contractwithout written consentofthe other, except that the Owner
may, without consent ofthe Contractor, assign the Contract to a lender providing construction financing for theProjectifthelenderassumestheOwner's rights and obligations under the Contract Documents. The Contractor "if
execute all consents reasonably required to facilitate such assignment,
19.2 Governing Law
The Contract shall be governed by the law ofthe place where the Pmject is located, excluding thatjurisdiction'schoiceoflawrules. ifthe panics have selected arbitration as the method ofbindingdispute resolution, the Federal ArbitrationActshallgovernSection21A619.
3 Teats and Inspections Tests,
inspections, and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes,
ordinances, codes, nudes and regulations, or lawful orders of public authorities shall be made at an appropriate
time. Unless otherwise provided, the Contractor shall make arrangements for such teats, inspections, and approvals
with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals, The Contractor shall give the Architect timely
notice ofwhen and where tests and inspections arc to be made so that the Architect may be present for such procedures, The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after
bids ace received or negotiations concluded. The Owner shall directly arrange and pay far tests, inspections, or approvalswherebuildingcodesorapplicablelawsorregulationssorequire. 19.
4 The Owner's representanve Name,
addren. ernarl it&kess and other ItIforrrnrtlorr) Jorge
Morell 3200
North Military Trail lloca
Raton, FL 33431 Inn.
curt hteQanllaar wla4'^— 2917 tfon+netlY A1aT^"—SOO7l. Caprr'yht0 t9aa, 1951, lass, taa1, taaa, 199a, ta70, 19T4, 19Ta, 19ar, 1997, Saar and 3et7 eY TheAmericanInslauhsofArchiNcte, All AyMts rgarvad wARNrNN: This AtA'" nocutn4nt Its Protactod hY U,9. CoPYripht 4ewand Mtemathan4t Treaties, UnauMart #d "Production Of ifixt0Autian of OtisAtA" noeument, or airy portion of it, nay MOOR in atvare ON" and afinthust ponakfa*, and win no 23 Prps "
oord tomemaa mum extentpowbiaonnferthe . This dacumaM wasWWucad by AIAsoftware at08:49.47 !;T onOU22r2o10 under OrderNo, 9a29230749whichexpiresaneaid112019, aid isrhotAn node. User
Notts: aa9A0A5T)
Telephone Number: 561-989-2256
Email Address: jmorell@woolbright.net
19.5 The Contractor's representative:
Karat, address, email address and other 1*rmation)
Alec Gatley
17400 Poyner Rd N,
Polk City, FL 33868
Telephone Number: 863-207-5691
19.6 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to theotterparty.
ARTICLE 20 TERWRATION OF THE CONTRACT
20.1 Termination bythe Contractor
ifthe Architect fails to cattily payment as provided in Section 15.4.1 for a period of30 days through no fault oftheContractor, or Ifthe Owner fails to make payment as provided in Section 4.1.3 for a period of30 days, theContractormay, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and
recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred byreasonofsuchtermination, and damages.
20.2 Termination by the Owner for Cause
20.2.1 The Owner may terminate the Contract ifthe Contractor
1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontivetors;
3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regubttitns, or lawfulordersofapublicauthority; or
4 otherwise is guilty ofsubstantial breach ofa provision ofthe Contract Documents,
2112.2 When any ofthe reasons described in Section 20.2A exists, the Owner, upon certification by the Architect
that sufficient cause exists tojustify such action, may, without prejudice to any ether remedy the Owner may haveandaftergivingtheContractorsevendays' notice, terminate the Contract and take possession ofthe site and ofall
materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and mayfinishtheWorkbywhateverreasonablemethodtheOwnermaydeemexpedient, Upon request of the Contractor,
the Owner shall fumish to the Contractor a detailed accounting ofthe costs incurred by the Owner in finishing theWork.
20.2.3 When the Owner terahinates the Contract for one of the reasons stated in Section 201,1, the Contractor shallnotbeentitledtoreceivefurtherpaymentuntiltheWorkisfinished.
20,2,4 If die unpaid balance of tie Contract Sum exceeds costs of finishing the Work, including compensation fordieArchitect's services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor, ifsuch costs and damages exceed the unpaid balance, the Contractor shall pay die difTcrence to the Owner. The amount to be paid to the Contractoror Owner, as thecastmaybe, shall be certified by the Architect, upon application, and this obligation for payment shaft surviveterminationoftheContract.
AIA Deownsnt A194--Mr (formedy A1eT--200T1. OopydptN Q 19W 1951, 1954, 1"1, 1953, ISM 1170,. 1974, TheMw"n tnsftft ofArrddta M Alt nehta M"Mod. 1WC1= t1^ This AIA- aocumsnt is protacted by U.a. eapyrunauthadeW4ucdonordistributionorthinAtAeoocumeM, or any portion of It, may r AUR in Savoie abml a1 prosecutedtoatemashnumestaiNP"*IW uddst tint few. This document was produced by AIA software at W49'47 532a230749whichespOisson95ta112019, and Is not forressie. UserNotes: 1987.
t89T. 2NT Md 2017 by w
and IntamsnonatTresttes. 24 tossponsWot, and willhe W22=
1It ureter Order No. 399AQAST)
20.3TerrNaation by the Owner for Convenience
The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The OwnershaltpaytheContractorforWorkexecuted; and costs incurred by reason ofsuch termination, including costsattributabletoterminationofSubcontracts, and a termination fee, if any, as follows:
Insert the amaunf ofor "nthodfor determining the fee pgmbta to the Contractor by the Chvner fallowing aternrinattonfortAeowner's convenience, ifany)
ARTICLE 21 CLAIMS AND DISKITES
121.1 Claims, disputes, and other matters in question arising out ofor relating to titis Contract, including diosealleginganerrororomissionbytheArchitectbutexcludingthosearisingunderSection16.7 shall be referredinitiallytotheArchitectfordecision. Such matters, except those waived as provided for in Section 21.11 andSections15,7.3 and 15.7.4, shall, after initial decision by the Architect or 30 days after submission of the matter totheArchitect, be subject to mediation as a condition precedent to binding dispute resolution,
21.2 Notice ofClaims
21.2.1 Claims by either die Owner or Contractor, where the condition giving rise to the Claim is first discovered
prior to expiration of the period for correction ofthe Work set forth in Section 18.2, shall be initiated by notice totheArchitectwithin21daysafteroccurrenceoftheeventgivingrisetosuchClaimorwithin21daysaftertheclaimantfirstrecognimtheconditiongivingrisetotheClaim, whichever is later.
21.2,2 Claims by either die Owner or Contractor, where the condition giving rise to the Claim is first discovered
after expiration ofthe period for correction of die Work set forth in Section 18.2, shall be initiated by notice to theotherparty.
2'1.3 Time Units on Claims
TheOwner and Contractor shall commence all claims and causes ofection against the other and arising out afarrelatedtotheContractInaccordancewiththerequirementsofthefinaldisputeresolutionmethodselectedinthisAgreementwhetterincontract, tort, breach of warranty, or otherwise, within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion ofthe Work. The Owner and
Contractor waive all claims and causes ofaction not comtmcmced in accordance with this Section 21.3,
21.4 Ifa claim, dispute or othermatter in question relates to or is the subject ofa mechanic's lien, the pattyassertingsuchmattermayproceedinaccordancewithapplicablelavetocomplywiththeliennoticeorfilingdeadlines.
21Z The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agreeotherwise, shall be administered by the American Arbitration Association in accordance with their ConstructionindustryMediationproceduresineffectonthedateofthisAgreement. A request for mediation shall be made inwriting, delivered to the other party to this Agreement, and filed with the person or entity administering themediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediationshallproceedinadvanceofbindingdisputeresolutionproceedings, which shell] be stayed pending mediation for aperiodo£60 days from the date of filing, unless stayed for a longer period by agreement ofthe parties or court order. Ifan arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to theselection ofthearbitramr(s) and agree upon a schedule for later proceedings.
121.6 ifthe parties have selected arbitration as the method for binding dispute resolution in this Agreement, anyclaim, subject to, but notresolved by, mediation shall be subject to arbitration which, unless the parries mutuallyagreeotherwise, shall be administered by the American Arbitration Association, in accordance with the
Construction Industry Arbitration Rules in effect on die date of this Agreement. Demand for arbitration shall be
made in writing, delivered to the other party to the Contract, and filed with the person or entity administering thearbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it inaccordancewithapplicablelawInanycourthavingjurisdictionthereof.
21.7 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to
ArA nocumant At04--201
The ARVAC n tnsatuts at Amt
ual du. r
pm*l to era wm
932OM740 which aapYas w
ns•r Notes:
A107-
nsatvW. - "a"l, copyrfyat O 183a, 1a5t, lase, 1881, t8a3, t@86, t87a, 4874, ta7a, tBaT, 4487, 2007 and 2017 MfahwAatarrxa. AtAr a is ted# t&a. Cap7rtgal kaw and tmamatbnat Traanas, an ut 1hI4 AtA' aaarmvant« or alit pertMn of; mar rasu9i to savar4 atwa am1 leak psnaRPas, and wta ba6e{aia u»stprrtra flare, Thielddwmant wasproduced by AIA sonwan at 06a0:t7 ET ai 0t£27t20te under Qrtltr Na. and A not to rsaale.
iaaBADAs7t
which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; 2) the arbitrations to be consolidated substantially involve common questions of tawor Fact; and (3) the arbitrationsemploymateriallysimilarproceduralrulesandmethodsforselectingarbitrator(s).
21.8 Subject to the rules of the American Arbitration Association orother applicable arbitration rules, any party toanarbitrationmayincludebyjohhderpersonsorentitiessubstantiallyinvolvedinacommonquestionoflaworfactwhosepresenceisrequiredifcompletereliefistobeaccordedinarbitrationprovidedthatthepartysoughttobejoinedconsentsinwritingtosuchjoinder. Consent to arbitration involving an additional person or entity shall notconstituteconsenttoarbitrationofaClaimnotdescribedinthewrittenConsent.
21,9 The foregoing agreement to arbitrate and otter agreements to arbitrate with an additional person or entity dulyconsentedtobypartiestothisAgreement, shall be specifically enforceable under applicable law in any court havingjurisdictionthereoll
21.10 Continuing Contract Performance
Pending final resolution ofa Claim, except as otherwise agreed in writing, theContractor shall proceed diligentlyWithperformanceoftheContractandtheOwnershallcontinuetomakepaymentsinaccordancewiththeContractDocuments.
21.11 Waiver of Claims for Consequ Damages
The Contractor and Owner waive claims against each other for consequential damages arising out ofor relating tothisContract. This mutual waiver includes
1 damages incurred by the Owner for rental expenses, for losses ofuse, income, profit, financing,
business and reputation, and for lass of management or, employee productivity or of the services ofsuchpersons; and
2 damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for kisses of financing, business and reputation, and for loss ofprofitexceptanticipatedprofitarisingdirectlyfromtheWok.
This mutual waiver is applicable, without (imitation, to all consequential damages due to either party's terminationinaccordancewithArticle20, Nothing contained in this Section 21.11 shall be deemed to preclude an award ofliquidateddamages, when applicable, in accordance with the requirements of the Contract Documents.
This Agreement entered into as of and year first written above.
oN i @% C0NM4CMR (Svi artaxe)
Jo Il, Sr, VP of Operations and A Gaily GprytractorConstruction / , e- zll /L Rt/ !
Printed name and rttlel (Printed none and rule)-`
Ink, AIA DocumaMA104--20t7 (10mKft Al 11936. 1991, 19W 1"1, 1963, 108a, 1970, 1974, 197a, 1907, 1997, 2a07 and 2017 byTheAnbtkanrnadtaroofAmMecia, A9right. raarard, srPAnn.a This AW Dommort to prolactad by U.S. Capyrfptrt Law and intimattanatTraahen 2 Unaaarotbwd roptoduolton ar 4WIRIatton ofnds AW Dacwmard. or any pennon ara, may rasua in *vista ova and erkntinat panaatas; 4nd wM baW94*40" to 0`0 mUimum aat4nt 00"0110a0444rUMtaw rhis dacumantwas pmouted by AtA aonwaraat 04 Ag47 ET 0n01rkM19 Undat ordor no. Fry632SM749wtkhaxpkeaon06N1rtOt9, *N M tmt ran mate. WartloMaca9ADA97)
Additions and Deletions Report for
AIA
0
Document A 1Q4"' — 2017
TN3 Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below an text dne autnar hasaddedtodfastandardformAIAdocumentInordertocompleteit, as wall as any text me author may have added to or deleted it= the originalAIA led, Added text 13 shown urdarOnad. Deteted text toIndicated with a horizontal Onethrough theoriginal AIAtext.
Note: This Additions and Deletions Report is provided for information purposes only and is not Incorporated Into or sorullUe anypartoftheassociatedAIAdocument. This Additions and Deletions Report and as associated document were generatedsimultaneouslybyAIAsoftwareat08:49:47 ET on014=019.
i
508fle2doa Inc.
Patm Crtst Lane
PAGE 2
The Contractor ahatF-d us.(
described in the Contract Peommen
in the Contract Documents to be the
PAGE
Work
indicated
Additions *no nMatteas R*port tar AIA naataa*at A104TM—MT(ramMV Ato?"-2aerl. CopyripM0 i036, 1961, 1968, teal, IM 190, 1070, 11174, 4a70. 1967, 1997, 2007 and 20i7 br TheAmerican rr ftM atArchitects. AS right reserved. WAttNptCs Thta AW O *nt to lerqtegtod by U,a. Copyngbt tawand 1140M4000al Tmadea. Unau rlxad (oprommoort or disiributton oftnrs AIA- McumantF orany portion attk may re*etato aawarecivilandemmhnalpanskiM. and will b* proaacu rt tothemaxrnmm axt*ntnosehbta undertho taw, This dacumant was produced byAIA seaman, at08:40:47 ET an 01=4019 under OrderNa. 8328230749 which expit" an OM112019. and Is matfor rawk. Uaar Nat*: (389ADAM
AC
It \ 1. r
c
wiUMA41 a c2mvletqa
X ] Established as lbllows.
to
r lbil
X j Not later than t i-ciftht ( 31) calendar days from the date of commencement of the Work.
M
X j Stipulated Stun, in accordance with Section 31 below
PAGE4
3.2 The Stipulated Stun shall be ftftv-oM k9jand nine tt red fo { ieht d, ilia d`xirt cen st (S1,249.32 ), subject to additions and deductions as provided in the Contract Documents.
Apft M go ibis
rt
anu wmnns KOPOn forMA twoomant A104--2017 (tonm y A107--2007) Gap2rF2htQ ta06, test, rasa t9at, if s, t988, taro, taro, t9ra, tear, t4ar, 200T AM 20tr OY The American InttautA of Arstidacb. Aat1aMA rn4rvad. WARttttlG;. ThtA AtA tloo t4 ew hr ua. GoPYrlOht LAw art3k tniatn t TrAatt4sthtAotttanssd ne ttan or dtAn of ANC' tto+stanAn#, or 4n9° ttov0on. oC 0. eoAy tesaad+r AAroerA etvttAnAcrienkt4iPAttAAndw#abA Acutad ptA snAAtmumAxYan# paASYtte emder pre . Thta dpgrment wet proltuCad by AIA aoawara et Oa;44:4rET on 01122l20ta wAkt Qtdar Mo, 61282Jd74a which axpdrst on 09(Oif20ta, and id not fottAtW, pawroom; h.
f]OFAQAar)
3,3 Cost of the Work Pius Contractor's Fee
IlLB.
3,4 Cost of the Work Plus Contrachres Fee With a guaranteed Maximum Price
L+L9.
3.4.3 Guaranteed Maximum Price
3.4,3.1 The sum ofthe Cost ofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceedN/A (S bV&), subject to additions and deductions by changes in the Work as provided in the Contract Documents, This maximum sum is referred 10 in the Contract Documents as the Guaranteed Maximum Price. Costs which Would
cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by theOwner,
N/A
PAGE
IOW
NW
N3
PAGE 6
t0% shallhg wjtktha(d from oath navment rco at
rtaOMOM andP"Joos Retort forAIA DOQu M A/04TM — 2047 (t*n" A107 .2007j, Co"br * 1930, 1951, 1934 1091, 1963, 1808, 1970, 1974, 1970. 1987, 1997, 2007 end 2017 by ThO AMOVICM tnWide ofArChARML AllAehta reserved, WARN M INS AW O"UM4 st to protxoted by tt,S, COpyrfght r.aw and kdomanon41 Trtalt4s, UirouthOrtaed 1arlraduetN#n OrdtettlMrnon ofttus AW DoeurrtaM, orwW poruon ofit, "my raeua10aevaro 3CivilandGtnitnetnOandwritbeOUOiadtothealaxtnOn1dxleMpOsaiOWunder111410w, Thisd0ormentwea produeed byAIAaoflurara at08:49:47 ET on 011=01I under Order No, 4328230749 which axphaa on 08l01f2019, end is no for resale. NaarNaha; 399ADA37)
0%0
Arbitration pursuant to Section 21.6 ofthis Agreement
PAGE?
Kt. Eneineerif
X j Exhibit A. Dete urination of the Cast of the work.
PAGE 8
Exhibit A- Coat eWMal gEvi d by Ql{ ttd D=lopMSt n Exhibit
Q; tand-Wgqjbd&WUMIMmt Exhibit
C; Drawinas Email
A4 PAGE
24 Aim
GatJ 17400
Po Ad"
wm iron DQNKW s Report for AtA 00cumont AM--2017 (fonmarty A107"—M77yy,, Gapydpm 01R3a, kRSi, iRSR, 4Rat, f98a, iRRa, tRTO, tRF4, ta7s, taRT, iRRF. 2t T and 2017b7 Tee AmaAcanUytltum d Architects. AU r1RhM rsssrvad.'%ARNtiYrts Thhr AtA- Document tR pmt*4 by U.S. GopyvyktetLeverAndtntamattonstTs. Unoatiho d rsp Uon or UDatrtbuUonof U4taAW omwnern, or soy portion ofk mayrowlt in $evaea 0104"d crlmtual p40410e4, And *" be prosootdod to the maa "b"'t atbte tenter "m taw. This d0mumatwax praddepd by MAsoftwwe at W45.47 ET on 01/2212014 "der Order No. 6320230749 wt kdQ*ms on ORPotl201 R, And is root for regale. Usertotes: aaaAOAaT) 4
Ulk Cip& FL 33868
Telsphono Nymbgr; Sk3-207-%8I
PAGE 26
km WWI
t
IMA
Addillo011 and Doledona Report for AIA Document A104--201? (lbrounly A1107re-2004 COPY091*0 1936, 1951, 1960, 14161, IM, 11004, 1970,1974. 1976,1 t,l99T,M7Md2Ql7 The American While of Ancliftoctv AD d" nmwve4LWARNINQ Tnis AfA- Docomantis protectedby u.S. Copy'di w and U"A"tharifto Mprodutflaft (W Q(thIs AW Docume4 or any pornon, or jt may msult (a **vqMcivilOnd4d"Vinalpo"AW44, and VO4 be Irrosatt"d to the mayinnon oxwot powtita "tier the law. TWS doctunant Was podticed by AIA wiftara at01149:47 ETon OMMO 19 underOrderNo. $328230?49 ~ *Kpims on 06MIMIll, and to act for (*am*, User Not": PMM07) AI
Certification of Document's AuthenticityAIA10DocumentD401tm - 2003
I, Melissa Mancuso, hereby certify, to the best of my knowledge, information and belief, that I created the attachedfinaldocumentsimultaneouslywithitsassociatedAdditionsandDeletionsReportandthiscertificationat08;49;47ETon01/2212019 under Order No. 8329230749 from AIA Contract Documents software and that in preparing the attached final documentImadenochangestotheoriginaltextofAIA* Document A104TM . 2017, Standard Abbreviated Form ofAgreementBetweenOwnerandContractor, as published by the AIA inits software, other than those additionsanddeletionsshownintheassociatedAdditionsandDeletionsReport. lit/ej L
Pwed) AIA Doeumsnt
D401--
2002, Copyrdght01912 and 2002 try The AmMesn inertia of ArOAOCW AN rights reserved. WARNING: this AAA* Doewo*ntts protactod by UACopyrightLSWandIkn1at3nrtetTrise, unsurh062 4 €""dW"On O€ dfaWbotton of this AtA* Documerdk or any poruop or It, meyt Moon th wear# atva andCrktinal ponaat ns. add wta he proaeoutsd to the maximum 440ntpnsatole 00d" the taw. This doeumant was Produced by AIA sottwaro at 09:49:47ET on 01rd2t20It undw Order No, 032e22oT49 whkh expkes on geni112019. and is not ror route. uaarNotes; f 'C (2119ADA57)
0
EXHIBIT "All
Pro ectNo: l lake Mary Comer F- Date: ProJect
Name: I Pave Renovation Preiiamcf— PY, Alec Galley Owner. I Boulevard, LLc Prepared For ihansm Address:
32M N Military Trail Bid Footage: 1,005 NJBocaRaton, FL 33431 Cost per Sft: 51.69 Subtotal
5006— 7,,,ill,,".,"'i'.',", Metal
studs WW F(Wm ame for mbwm A kqmza: 52,150.00 InS, (1) one (61 rAm footopening Into the med mixer(hmer area S625-00 Install Q)
two headers for J2) two (r) six loot openings (no doors) S1,250m 2Wde "s!
Lng mstmoms to ADA 3,850M Ubk7gat OM
Me so-
ool
0,00
Subtotal 7g0O
i lj
jijljlllljllI QOorsCannot
u" (2) two new doma 11,1100,O0 SubtotalCotatter80=
00TenantW00
R"ce
Call" Toes swxwd - 1,100.00 tille In
em areas amew, S1.200,00 Paint TENANTS0IX} Install FRP
Amm of Too TENANT
Exterior SVvage
by O#mm
EXHIBIT t}p4t
CERTIFICATE OF LIABILITY INSURANCE DAtaralnGtETFIBCICATBUf88UEDA8AMATtSRSiFORWiT1ONONLYANDDONPERBNORIOUPONTHECATSt10t.D TF88 GERTBPiCATEDOESNOTAFMRMATN.Y OR NEOuRTI%UMMEND, EXTEND ORAIT@R TN@GOY@RA4@APPOR0194YTH@p01.tGtE3 @BLOW. 7fRS GEItTptOgT@OPBteUWRNCaDO@SNOTCONBTtCUTHA88TW@BBBIITtiBUeVRKiUtBURER(t#, AUTNORR@QR@PR@8ENTATtVEtXt PROtR1GBR, AND THE r[tAPIGAT8 It0446R gtUE
RTAN{Y w IN awWC#* bolder If mONAL INSURED, prdkX (taa masttw"ADDMONALMSUREOprovNtonsorbeondars" N jSUSR04ATION0WANED, subject to Uandcongtusns attbs polkYr corwo poAobs may Mulm m endorumm4A sMmm" ae"ConmcsM dosstwatCookerlgtastothecorttReadehowerin8n1otsucbsmlommwm(4 ODUCER
mr*
Ot mt tnouramsAgaaoy, toc.ORE98: 100@oWptAssmulAw"
m 33754
S) APFVRO#4 COVERAGEFL 7,.
kQulnUCJFODesUpaomt, mc,11gala
MtasawBAvmtpe w8S:
COVERAOM
CERT94CATE NUMOM 444048 REVISION NUMBER: THISISTOCERTSMOFSNBtXUWGHBBBAOBRAAtEONRBiABOVECYPERIOD IGAT@0. NOTNnTNBTANCMR6A1sYREOURHMFJlf, TERM OR CONDTRON OF ANY CONTRACT OR OTNER DOCUMONT WRN PAS PBOT 70MiMtCHTILES CBRTIPICATEMAYBEISSUBOORMAYPERTAPI,THEvalAIANCBAMROEO&YMPOUMSDEBCRWSDHEREMISSU&I@GTTOMITNE CHT$ EXCLUSIONS ANDCONDITIONSOPSUCHPOLICIES, UWTS SHOWN MAY NAYS BEEN REOUCEO BY PAID CLAIMS. wira *r7saseauwwcs
vWW ra oomrowwwawwr eaw pm*rwrvaxr ww rant aeatvutuoR
7dmom
RE
fk tMl'AfnAm
Pwt Mm [:]Map [:
Iwo AareaQ4Ri AWNPAW
la
f
f GNMIlrY
AaYA1AaswuUerRl.«
swat AMC* YM
RAp'@Rl. p R Talw{wp'
ratsWna f r ALTaenlMrfla
PMe
aeaY xtieanutWRRAB.
CA
tdq! loan axaossuts atn1A
VAN s AaaMwe i
faapw'
laaMnY
Y94 z PBt eTA1at Otwn A mr
wa ws
NIAWOM900000 0100va18 01101ram anweaAarRzarss s.
r:,a. ar A.oneAsspat.
ertam WCMRTgNOF
OPrinATlWl3 I LOWTORS IMMM(AC0I0141.M%WooitRm—ft ocksoo4, ere' be*ft~ t a aeeSpamEffoothmkF ra4rerR909ms"17, o MMW Is kr 100%ot the omployaasor FunhCn uto OLO Owek pmom, Ina (CWQ for wham dw dW la mpw" hwm to PrwtbCnam. ba notoadoadedbomployses, 7E HOLOER
CANCELLATION SHO" ANY
OF THEABOVE DESCRIBEDPOUCIESBECAW04RD REFORREXPIRATION DATEPVMF, NOTICEWILL BE DaWWW It CORDANCE WTIHTHEPOLCYPROVISIONS. 80u*AVMOMW
32,01
erl l> lLCanO WaaBnpAt Mrelopnwrd, 9w, 82a9 N. NiRtwYTMI, Bugs 49E tbiota
Rahn, R 33s8t AJ0kU ATIYE
i T
ACOt tS
2t18taY 819tu1.20/8 ACORDGORpORATkXv.IU rwsrvsd. f tTheACORDoeawandtogawara9011AredmarksofACORATT' i
I 1
i
i
R
PARVA BAKERY
220 W- LAKE MARY BLVD.
SANFORD,FL
EXHIBIT -C-
MDEX TO DRAW111GS
3NGRWZR OFRECORD SHIM DRSCRWMN
KLMfOLn=MG INC
427 PALM cRzsr LM;3
LAKZU*PLMDAPHOM361-W17PAX, (4(M 2W25W
ammL., k-w—S, 4kma.—
COMAM PERSON; XHAMH LE
I C-S I
ANOTFS
AS BUILD DEMOLMOW MOOR PLAN
ME
MWEXPANSCHOOM4SCHSCM__- w^n----------
Gomm
wim
IGWOtOro Ao ww
MfLLVBNCAlewnaf wma®NwMY yTFq¢o
O Auiw w Pa[litiii.pprwraan4®rem
ttMx OYMC.m ..r n+ul.ul
wo s.4r r.a
s.a
RFRECrED CEILJNG PLAN LIFE SAFL?'IY PLAN
I A-2 I
LIGHTING PLAN
UGHRUMM-NEM
2njCE NOTE
i55
I®i
NOTES
rrvnLEGENDScwr'"""
MECHANICAL PLAN
MLTE MIER RLSER
FRESH WAMR RISER
WATER DIAGRAM
SANITARY PLAN FRESH WATER PIPING PLAN
TYMCAL CONCRETE $LAS REPAIR
IFb
raw
w MPWMKK W,
MOLM VALVE PVM SOIEMTW
FOR ALL KAWSM AMR LAVATWY
a
tTask
Mode
ask Name Duration art Finish Jan 20, '19 Jan 27 '19
Demolition 3 days
T F
Mon 2/4/19 Wed 2/6/19 LJ_LLM TT l _w FajfS J M W
2 Framing 5 days Wed 2/6/19 Tue 2/12/19
Electrical 5 days Fri 2/8/19 Thu 2/14/194Plumbing4daysMon2/11/19 Thu 2114/195HVAC4daysWed2/13/19 Mon 2/18/196M5Drywall6daysThu2/14/19 Thu 2/21/197Paint3daysFri2/22/19 Tue 2/26/198Ceiling3daysFri2/22/19 Tue 2/26/199Doors2daysWed2/27/19 Thu 2/28/1910Flooring5daysThu2/28/19 Wed vr/la
Task External Milestone 4 Manual Summary Rollup ........
SPIN Inactive Task Manual Summary
Project: Parva Schedule GLG at LM Milestone Inactive Milestone Start -onlyDate: Thu 1/24/19 Summary V Inactive Summary Finish -only 3
Project Summary Manual Task Deadline +
External Tasks Duration -only Progress
Page I
M,
T 1 fb 3 19
W Feblo 'lig
LI.:iL Fs I s , m- T-w F
FebL27,ig M
Feb
24 '19 Mar 3 .19 MRAMMUN
5 1- T W T F 5 M T w T F Imam
Task
External Milestone 4 Manual Summary Rollup SplitInactiveTaskManualSummaryWOOMMMMO—W Project: Parva Schedule GIG at LM Milestone 0 Inactive Milestone Start -only C Date; Thu 1/24/19 Summary — Inactive Summary Finish -only Project
Summary """V Manual Task Deadline External
Tasks Duration -only Progress Page
2
I / /
DATE: z4z / Zv /
BUSINESS/PROJECT NAME:
4zADDRESS..
CONTACT NAME:
CITY OF SANFORD BUILDING AND FIRE PREVENTION DIVISION
FIRE PLAN REVIEW SERVICETEES.
PHONE: 407.688.5052
FAX: 407.688.5051
PERMIT NUMBER: /f- PfI3
PHONE:
PLAN REVIEW INFORMATION
ft CONSTRUCTION [ ]CIO FIRE ALARM . [ I FIRE SPRINKLER HOOD [)PAINT BOOTH ]TANK
DOES 20% REDUCTION IN FIRE IMPACT FEES APPLY: YES
TOTAL FEES:
C]'( !
44U
CITY OF dk PERMIT APPLICATIONSkNFO"FoD
BUILDING DIVISION Application No:
Documented Construction Value: $ 51 - -- -
job Address: 2 Q \jd Historic District: Yes NoU
Parcel ID:
Residential Commercial V
Type of Work: New Addition P Alteration Repair Demo Change of Use Move
Description of Work: T 't
z 4zx i1 r^'
Plan Review Contact Person: Tide:ir1EV" jr
Phone: ZQ - Fax: 86,3 2. 7-7 2 Email:- Ac o Property
Owner Information Name `
r t=_ Phone: SCSJ °IgFS Street'
ZaOf Resident of property?: 2 { City,
State Zip: f:a'ja-1 r1- Contractor
Information Name
d I. _ ! nrte n-. , . Phone: 8 a3 2-0-7 . C 0
Y'1 V ' Fax 2gg5-7 7 Street: •
City,
State Zip: P j +1_4 State License No.•C (a ' 12 Architect/
Engineer Information Name:
4-L L—
LPhone:
z1-D t Street - -
I
ait'
ri fcf s . Fax City,
St, Zip: . E-
mail: CL
r1( f '1 X 1 YID Gt r le tYIli
cDrn Bonding
Company: Mortgage Lender: Address:
Address: WARNING
TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICEFORIMPROVEMENTSTOYOURPROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTEDONTHEJOBSITEBEFORETHEFIRSTINSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT IWITHYOURLENDERORANATTORNEYBEFORERECORDINGYOURNOTICEOFCOMMENCEMENTApplication
is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior jtotheissuanceofapermitandthatallworkwillbeperformedtomeetstandardsofalllawsregulatingconstructioninthisjurisdiction^ I understandthataseparatepermitmustbesecuredforelectricalwork, plumbing, signs, wells, pools, furnaces, boilers, heaters, tanks, and air conditioners, etc.
FBC I05.3 Shall be inscribed with the date of application and die code in effect as of that date: 01 Edition (2017) Florida Building Code
NEE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public
records of this county, and there may be additional permits required from other governmental entities such as water management districts, state
agencies, or federal agencies.
Acceptance of permit is verification that I will notify the owner of the property of the requirements of Florida Lien Law, FS 713.
The City of Sanford requires payment of a plan review fee at the time of permit submittal. A copy of tie executed contract is required in order to
calculate a plan review charge and will be considered the estimated construction value of the job at the time ofsubmittal. The actual construction valuewillbefiguredbasedonthecurrentICCValuationTableineffectatthetimethepermitisissued, inaccordance withlocal ordinance. Should calculated
charges figured off the executed contract exceed the actual construction value, credit will be applied to your permit fees when the permit is issued.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will be
done in compliance with all applicable laws regulating construction and zoning.
r f f
signatureofOi3uer/Agent Rate
I
Fart-pwner/Akent s Name
i
V
d00L90 00 # uolssftuwoo •Y :
eppou to alets - 31pnd daefoN
8330OY4 fb NNOQ
gAignaturcofContractor/Agent Date
Akc
Print Contrictor/Agent'sk4ame
r
j ig ature of Notary -State of Florida Diue ••
JULiE SPRi4DLEN
MY t;q},lMISSKkf lr GG 078135
ate EXPIRES: Mutt 1, 2021
For F4oP Bottled Thtu budget Notary SQrVf
Qwner/A ent is r' Frsona 1 to Me or Contractor/Agent is Personally Known to Me or
Produced ID Type of ID
zo• a °:
Notary Public - Slate of Florida
Commission # GG 067002
My Comm. Explres Feb 19, 2021 BELOW IS FOR OFFICE USE ONLYBondedthroughNationalNotaryAssn.
Permits Required: Building Electrical Mechanical Plumbing Gas Roof ,
Construction Type: Occupancy Use:
Total Sq Ft of Bldg: Min. Occupancy Load:
Flood Zone:
of Stories
New Construction: Electric - # of Amps Plumbing - # of Fixtures
Fire Sprinlder Permit: Yes No # of Heads Fire Alarm Permit: Yes []No
APPROVALS: ZONING: f ' / / UTILITIES:
ENGINEERING: FIRE:
COMMENTS:
WASTE WATER:
BUILDING:
CITY OF OW
N.ORD
PERMIT APPLICATION
t 9 L4 -7 4 3Ik-J 1DINGDIVISIONBUIL
Documented Construction Value: $
Job Address. '2- 2' 0 LA Historic District: Yes[] Nou
Parcel ID: -
a Residential n Commercial
Type of Work: New F1 Addition AlterationFl RepairE] Demo El Change of Use E]Move
Description of Work: TES f'1
17 le —
Plan Review Contact Person: A-tcc . ( I-esi
Phone: 063 20-75&3-- Fax: N-3 -7-752 Email:
Property Owner Information
Name Vr 4 D
Phone:
Streetai i F—Q Resident of property?: City,
State Zip: Contractor
Information Name
I JCA] rylgA'Phone: f IQ .
Fax: j Street: 1-140b. 2. 4,
E 5 P-L33 -G, City, State
Zip: 1— SU State License No.. Architect/Engineer
Information Phone: 3(
e, Name: Street:
Ln
Fax: 40-) 95—D- 2559E-mail:
viejff r IrW I Q-anyq-cuCity, St,
Zip: FH= 1J CDfn Bonding Company:
Mortgage Lender: Address: ddress:
WARNINGTO
OWNER- YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FORIMPROVEMENTSTOYOURPROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ONTHEJOBSITEBEFORETHEFIRSTINSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOURLENDERORANATTORNEYBEFORERECORDINGYOURNOTICEOFCOMMENCEMENTrApplication
isherebymadetoobtainapermittodotheworkandinstallationsasindicated. I certify that no work or installation has commenced prior to theissuanceofapermitandthatallworkwillbeperformedtomeetstandardsofalllawsregulatingconstructioninthisjurisdiction. I understand that aseparatepermitmustbesecuredforelectricalwork, plumbing, signs, wells, pools, furnaces, boilers, beaters, tanks, and air conditioners, etc. I
FBC 105.3 Shall be inscribed with the date of application and the code in effect as of that date: 6" Edition (2017) Florida Building Code
NC?S'.j.C,,yE,: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the publicrecordsofQtiscounty, and there may he additional permits required from other governmental entities such as water management districts. state
agencies, or federal agencies.
Acceptance of permit is verification that I will notify due owner of the property of the requirements of Florida Lien Law, FS 713.
The f;ity of Sanford requires payment of a plan review fee at the time of permit submittal. A copy of the executed contract is required in order tocalculateaplanreviewchargeandwillbeconsideredtheestimatedconstructionvalueofthejobatthetimeofsubmittal. The actual construction valuewiltbefiguredbasedonthecurrentICCValuationTableineffectatthetimethepermitisissued, in accordance with local ordinance. Should calculated
charges figured off the executed contract exceed the actual construction value, credit will be applied to your permit fees when the permit is issued.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will be
done in compliance with all applicable laws regulating construction and zoning.
1 /
r r
Slgnature of0%rmcr/Agent Date
mot
i
n ;n 0—erWent's Name
a0b760aQSa40,tt,',,
Z00190 00 p uolssltatuoa
epuo13lo alels _ ollgnd keloN
83S00tN f
W51? AignatureContractor/Agent Date
41er 17C i
PrintContractor/Agent'sName
OJE SPRADLEN
MY COhtMtSSION A GG 'OA 078135
igilature of Notary -State ofFlorida Date"$: M tCh 1, 2il21N \Or
1Foa ec°P Bonded Tutu Budget Nosy Setvfces
Owner/Agent is w arson Tl*n to Me or Contractor/Agent is Personally Known to Me or
F} ice Produced ID Type of ID
Notary Public - State of Florida
Commission # GG 067002
on
Comm. Expires Feb 1aryAss EELOW IS FOR OFFICE USE ONLYoFe.4P 8ondadthrough NationalNotaryAssn.
Permits Required: Building Electrical Mechanical Plumbing Gas Roof
Construction Type: Occupancy Use: Flood Zone:
Total Sq Ft of Bldg: Min. Occupancy Load: # of Stories:
New Construction: Electric - # of Amps Plumbing - # of Fixtures
Fire Sprinlder Permit: Yes No # of Heads Fire Alarm Per,Yes U No L..I
1-
APPROVALS: ZONING: UTILITIES: WASTE WATER:
ENGINEERING: FIRE: BUILDING:
COMMENTS:
CITY OF PERMIT APPLICATIONS,&NFORD 43
12,
BUILDING DIVISION Application No:
Documented Construction Value:
job Address: '2_--0 Historic District: YesEl NoU
Parcel ID: Residential ElCommercial V
Type of Work: New D Addition Alteration n Repair E]Demo E] Change of Use E]Move E]
Description of Work: __R'—
ePlanReviewContactPerson: --AAC C Le
q EDoLo I. cDyy)
Phone: Fax: 81.3 2-7-7,52 It-
Property Owner Information
Name
Street, 2 Z)Dx Resident ofproperty?: LP' M
City, State Zip: 2?0rA QCA-2,
Contractor Information
L Phone: Name L12- —vaL
Street; (-74ot) JkL neA, ef IQ Fax:
State License No.qa _Zcl t
City, State Zip: T UL
Architect/Engineer Information
Name:
Phone: 40D
Street:
Fax: 40 -
City, St, Zip: E-mail: Kit--ria'l
Bonding Company: Mortgage Lender:
Address: ddress:
WARNING TO OWNER. YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYINGTWICEFORIMPROVEMENTSTOYOURPROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED ANDPOSTEDONTHEJOBSITEBEFORETHEFIRSTINSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULTWITHYOURLENDERORANATTORNEYBEFORERECORDINGYOURNOTICEOFCOMMENCEMENT
Application is hereby made to obtain a permit to do the work and installations as indicated. 1 certify that no work or installation has commenced priortotheissuanceofapermitandthatallworkwillbeperformedtomeetstandardsofalllawsregulatingconstructioninthisjurisdiction. I understandthataseparatepermitmustbesecuredforelectricalwork, plumbing, signs, wells, pools, furnaces, boilers, beaters, tanks, and air conditioners,
etc.
FBC 105.3 Shall be inscribed with the date of application and the code in effect as of that date: huh Edition (2017) Florida Budding Code
N_9`ICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the publicrecordsofQtiscounty, and there may be additional permits required from other governmental entities such as water management districLs, state
agencies, or federal agencies.
Acceptance of permit is verification that I will notify the owner of the property of the requirements of Florida Lien Law, FS 713.
The City of Sanford requires payment of a plan review fee at the time of permit submittal. A copy of the executed contract is required in order tocalculateaplanreviewchargeandwillbeconsideredtheestimatedconstructionvalueofthejobatthetimeofsubmittal. The actual construction valuewillbefiguredbasedonthecurrentICCValuationTableineffectatthetimediepermitisissued, in accordance with local ordinance. Should calculated
charges figured off the executed contract exceed the actual construction value, credit will be applied to your permit fees when the permit is issued.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will be
done in compliance with all applicable laws regulating construction and zoning.
40 J O
SigttatureofOwner/Agent Date ignaturcofContractor/Agent Date
Ate- - P
Pi nt Owner/Agent's Name Print CuntracrorlAgent's Name
MY CAMM4SSI(}N GG 078135us `w
ung •., of Nata State of Florida DateN EXPIRES: M?tCh 1, 202tSignareld0N6taggsa1' ri)S W oaf s, : ate (Jqig.wre'
Z00190 Jo # uolsslwttiocl eor Fco Bonded TMu Budget NctbtX Services
ON% toalels—arignd GeioN
83300WfNN00°j Owner/
Agent is _ ersona to Me or Contractor/Agent is Personally Known to Me or Rp
uged I Produced ID Type of ID Notary
Public — State of Florida Commission #
GG 067002 My
Comm, Expires Feb 1aryAss BELOW IS FOR OFFICE USE ONLY C ...,. Bonded
Through National NotaryAssa Permits
Required: Building Electrical Mechanical Plumbing Gas Roof Construction
Type: Occupancy Use: Flood Zone. - Total
Sq Ft of Bldg: Min. Occupancy Load: # of Stories: New
Construction: Electric - # of Amps Plumbing - # of Fixtures Fire
Sprinkler Permit: Yes No # of Heads Fire Alarm Permit: Yes No APPROVALS:
ZONING: ENGINEERING:
COMMENTS:
UTILITIES:
WASTEWATER: FIRE:
BUILDING:
Boulevard Plaza LLC
3200N Military Trail, 4~Floor
Boca Raton, FL3343/
November |4.20lQ
City of Sanford
Building Division
To Whom It May Concem:
Boulevard Plaza LLC is the owner ofLake Mary Corners. This letter is tomnfirra the following person.
Jim Hanson, isuoauthorized agent ofBoulevard Plaza, L[Cand iaauthorized o»act ivall capacities on behalf ufthe owner relative
to all matters pertaining to the county or any otlierjurisdictioti for processing and obtaining punuim. Boulevard Plaza
LLC,mFlorida Uonitedliability
By: Wootbright Development Inc. its authorized -
signatory ell, Vice President Before me personally
appeared to me
well known to be the person described in and who has executed the forgoing instrumei`i a,,
Adla knowledged to and befow methat he/she executed said instrument for the purposes therein cxpres-WITNESS my hand and
official seal, this day of —4L4"VL MY Coll 1111 ission expires: EXPIRES:
June 28.2020Bonded Thru
Notary Public Unde
PERMIT
Project No: Lake Mary Corner
Project Name: Parva Renovation
Z—
Owner: Boulevard, LLC
Address: 3200 N Military Trail
Boca Raton, FL 33431
Date: 11/15/18
Prepared By: Alec Gatley
Prepared For: Jhanson
Bid Footage: 1,005
Cost per Sft: 51.69
00
TradeCode CS1 - Division Name Description Amount
1000
A
General Conditions SEE BELOW 0.00
1000 General Conditions 0,00
1000 General Conditions 0.00
Subtotal 1000 0.00
0.00
Subtotal 2000 0.00
Demolition walls, ceiling 2,850.00
Demo existing tile floor machine required scrape floor 1,800.00
Subtotal 3000 4,660.00
Concrete: Repour 1,160.00
Concrete: Trench for plumbing and electrical 1,440.00
ft &.^ A^
Subtotal 5000
Metal studs and drywall Frame area for mixers & freezers 1 $2,150.001
Install (1) one (6') six foot opening into the framed mixer/freezer area $625-00
Install (2) two headers for (2) two (6) six foot openings (no doors) $1,250.00
3,850,00UDaradeexistinorestroomstoADAI $a
Subtotal 6000
0.00
0.00
Subtotal 7000 0.00
Doors Cannot use existing (2) two new doors 1,100.00
Subtotal 8000 1,100.00
Tenant 0,00Counter
Replace Ceiling Tiles Standard 1,100.00
Change the in prep areas 300 sf approx. 1,200.00
Paint TENANT MOO
Install FRP Area of mixers/freezers 900.00
Tile Flooring TENANT M11111M
Subtotal 9000 8,175.00
door (single) rAlliason door (single) 2,145.00
Wood trim for 850.00
Subtotal 10000 2,996.00
MIME M==
Repair only 1,000.0015000MechanicalACUNIT
15000 Mechanical Move Ductwork to accommodate walls 1,200.00
Fire Extinguishers 229,00
15300 Fire Protection Install Fire Sprinklers 1,850.00
15400 Plumbing No new counter area 0,00
15400 Plumbing Pump for future sink pump / OH piping, etc)
15400 Plumbing 2 New ADA Bathrooms New fixtures 4,500,00
0.00
Subtotal 15000 8,779.00
Move existing electric for mixers, freezers, etc. 7,850.0016000Electrical
16000 Electrical
Subtotal 16000 7,860.00
Total Direct Cost 44,024.00
A/E 0.00
Gen Cond 3,521.92
Overhead/ Profit > 4,402.40
Total Project Cost 61,948.321
Imoact Fees are not included
xtericir Signage by Others
INSPECTION SEQUENCE
BP# 18-4743
ADDRESS: 220 West Lake Mary Blvd,
BUILDING PERMIT
Min Max Inspection Description
Footer / Setback
Sternwall
10 Slab / Mono Slab
Lintel / Tie Beam / Fill I Down Cell
Sheathing — Walls
Sheathing — Roof
Roof Dry In
20 Frame
Insulation Rough
Firewall Screw Pattern
30 Drywall / Sheetrock
Lath Inspection
Building Ceiling Air Barrier
Insulation Roof (Com'l)
Building Ceiling Grid
Final Roof
Final Stucco / Siding
Final Insulation
Final Firewall
Final Door
Final Window
Final Utility Building
Final Screen Structure
Final Pool Screen Enclosure
Pre -Demo
Final Demo
Final Single Family Residence
Final Commercial —
1000 Final Commercial — Addition / Alteration
Final Commercial — Change of Use
Final Building (Other)
ELECTRICAL PERMIT
Min Max Inspection Description
Electric Underground
Footer / Slab Steel Bond
Electric Ceiling Rough
Electric Wall Rough
10 Electric Rough
Pre -Power Final
Temporary Pole
1000 Electric Final
Min
V?
0"A we
Max Inspection Description
Rough Plumb
10 Plumbing Underground
20 Plumbing 2 "d Rough
Plumbing Tubset
Plumbing Sewer
Plumbing Grease Trap Rough
Plumbing Steam / Chill Water RoughL1000PlumbingFinalMECHANICAL
PERMIT Min
Max Inspection Description Mechanical
Rough Mechanical
Fire Damper Framing Mechanical
Ceiling Rough Mechanical
Fire Damper Annular Space Mechanical
Insulation Wrap Mechanical
Fire Damper Angle Light /
Water Test Ck Welds Mechanical
Grease Duct Wrap Mechanical
Final REVISED:
June 2014
KL ENGINEERING
427 Palm Crest Lane
Lake Mary, Fl 32746
Phone (407) 361-8017
FLORIDA C.A No: 31619 PERMIT
OFFICE
EXIST. TOP METAL
ATTACHED TO EXISTING
ROOF DECK WITH EXISTING
SCREWS
2) NEW 6" 20 GA. METAL TRACK
ON EACH SIDE OF WALL
ATTACHED TO EACH STUD
W/ (2) SCREWS & OVERLAP
TWO EXISTING FULL LENGTH
STUD ON EACH SIDE OF
OPENING
Ir II
6" BOTTOM METAL TRACK
II ff II
II rl II fl II
REMOVE EXIST. METAL
STUDS FOR NEW OPENING
MAX. 6'-0" W. OPENING)
EXIST. METAL STUD
fr II
@ 16" O.0 TO REMAIN
II Ir II
u u u u u CONC. SLAB
ALTERNATE REINFORCE OPENING AT EXISTING DEMISING WALL
Q U 0 xx
rEkS
f N0.70935
0,4TE: 3-26-201CJ
PRAWN SY: TITLE 5LOCK. SHEET:
DATE:3-26-201'5 NAL
PARVA BAKERY 1
of:
220W. LAKE MARY BLVD.
SANFORD, Fl,
FILENAME: