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c, r°~ t ~'l ~~ E-I i. 3. 1 C' c? ~_i r. t r y `f cl ~_l t t ~ E_ x ti i b i t :t o r-F t= ~ r-l t: e~ r~ .
T tl 1 :7 1 '~: f? ill W! ct S Cj ].:~ t_ ~..t Sys E? ~~ c~ Tl Cj ~. (J iT.1 ill 1 5 5 1 ~J Tl F' r' ~ ~~ hl I E? 'r' 1. '.i t (? C. f-~ k' C=' I : t7 Y'.
t!-li~> t3~~f'ar~~ ~:rny avclrk t•lc-ls t~E~[~~_iri.

^~-C
HUSER
CONSTRUCTION COMPANY, INC.
November 2, 1995
Mr. Glenn Holekemp
Ken County Commissioners Court
700 Main Street
Kerrville, TX 78028
Ref: Ken County Show Barn
Dear Glenn:
As requested this letter is intended to describe the scope of work at the showbarn. We propose to
do the following work:
1) Replace (5) broken window panes.
2) Clean and prime the existing windows and block walls.
3) Paint the existing windows, block walls, exterior walls of the restrooms, inside of the
doors, and columns one color.
4) Install approximately 13,600 SF of 2'x4' suspended acoustical ceiling grid with vinyl
coated fiberglass ceiling tile. We propose to use black grid and white tile. We propose to
block out the area for the shooting range lights. This area would be left as is.
5) Insta1160 new 2'x4' fluorescent lights and relocate 30 existing speakers. Each existing
light would be replace by two new lights.
6} Remove existing fluorescent lights and romex wiring.
Our proposal does not include the following:
1) Removal of bleachers.
2) Painting inside of restrooms.
3) Painting of bar area.
4) Clean-up of the areas above the restrooms and office.
Total
$42,000.00
We appreciate the opportunity to work with you. If you have any questions, please feel free to call.
Sincerely,
1,
Steph user
President
One Schreiner Center, Suite 200-8
P.O. Box 765, Kerrville, Texas 78029-0765 • (210) 257-8588 • FAX: (210) 257-8589
T H E A M E R I C A ~ I N S T I T U T E

F A R C H I T E C T S
AIA Document A107
Abbreviated Form of Agreement
Between Owner and Contractor
For CONSTRUCTION PROJECTS OF LIMITED SCOPE where
the Basis of~ Payment is a STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other general conditions.
It has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the 25th day of October
Nineteen Hundred and 9 5
BETWEEN the Owner: Kerr County
(.Nanaeandaddress) 700 Main Street
Kerrville, TX 78028
and the Contractor: Huser Construction Co. , Inc.
(Narnearuladdress) $Ig Water Street, Suite #104
Kerrville, TX 78025
in the year of
The Project is: Kerr County Show Barn Maintenance Work
(Narrae and location) Kerr COUnty, TX
The Architect is: N / A
(!Name and address)
The Owner and Contractor agree as set forth below.
Copyright 1936, 1951, 1)58, 7961, ]963, 1966, 1974, 198, ©198? by The American Institute of Architects, 1'35 New York
Avenue, N.W., Washington, D.C. ?0006. Reproduction Cif the material herein or substantial quotation of its procisi~~ns without
written permission of the AIA violates the copyright laws of the United States and will be suhject to legal prosecution.
AIA DOCUMENTA107•ABBREVIATEDOWNER-CONTRACTORAGREEMENT•NINT'HEDITlON•AIA° •~€~lyri'
THE AMERICAN INSTITUTE nF 9RCHITECTS, 1735 NEVG' YORK AVENL-E. N.VG'., VC'ASHINGTON, DC. ?0[If~6 AiO7~19S7
WAFNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution.
ARTICLE 1
THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated
in the Contract Documents to be the responsibility of others, or as follows:
Clean and paint interior doors and walls; excluding restrooms,
Furnish and install approximately 13,600 SF of 2'x4' acoustical
ceiling grid and fiber board tile,
Furnish and install 60 new 2'x4' fluorescent light fixtures and
relocate 30 existing speakers,
ARTICLE 2
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date ~f this
Agreement, as first written above, unless a different date is stated below or provision is made for the date to he fixed in a notice to pro-
ceed issued by the Owner. November 1 , 1995
(fnsert t!_te date of c'rt»unerzce»rcmt, zJ r! differs from rite date u/ this Agreeznezzt ur, lJapplica6le, state that the date will he fixed in a tutticc~ to prrxeed.)
2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than December 31 , 1995
(Insert the calendar date ur numher of catrndar daps after the date of conrmertecmte~zt Also iruert anv redu:remenztsJor earlier.Srthsdartt:at Complettort nJ certain por
tiara nj the W'urk, tf nut stated elsetohere in the Contract Docrtrnents.)
subject to adjustments of this Contract Time as provided in the Contract Documents.
(baert pru:~isiuns. rJ cn+i', Jur liquidated damages refat:ng to failure to complete art time.)
ARTICLE 3
CONTRACT SUM
3.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
Fourty two thousand Dollars
(~ 4 2 0 0 0 . 0 0 ), subject to additions and deductions as provided in the Contract
Documents.
AIA DOCUMENT A107 • ABBREb'L4TED OUG'NER-CONTRACTOR AGREEJENT • NINTH EDITION • A[A° • ~~ ~ 19N'
THE AMERICAN INST'ITIrTF. OF ARCHITECTS, 1'j5 NEW YORK AVENUE, N.W'., VG'ASHINGTON, D.C. ?OOUb A1O7-1957 Z
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby
accepted by the Owner:
(State the numbers or other identification ojaccepted alternates. ljdecisions on other alternates are to be made by the Uturaer subsequent to the execution of this Agreement,
attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.)
3.3 Unit prices, if any, are as follows:
ARTICLE 4
PROGRESS PAYMENTS
4.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the
Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and else-
where in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the
last day of the month, or as follows:
Payments shall be no more often than twice per month, based on an
AIA G702 Schedule of values percentage complete. Retainage will
be 50 of the Contract price but will not exceed Two thousand
Dollars ($2,000).
4.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the
absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Lzsert rate c j ir:ter-ect agreed upon, ij any )
(Usury laws and requirements under the Federal Truth ira Lending Act, similar state and local coruumer credit laws artd other regulations at the Ou nter's and Contractor's
principal places of bzzsiness, the locution uJ the Project arzd elsewhere mule affect tix validity of this pmz ~isiura. Legal adz rice sho:dr! he obtained with respzct to delefirvras nr
modificatiuras, artd also regarding requirements stub as written disclosures or u~aiz~ers.)
AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION •AIA° • ©1987
THE AMERICAN INSTITUTE. OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200116 A107-1987 3
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
ARTICLE 5
FINAL PAYMENT
5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when
the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by [he Architect.
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Document A107, 1987
Edition.
6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
and are as follows:
Document Title Pages
To be prepared by the Contractor
6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to tots Agreement)
Section Title Pages
To be prepared by the Contractor
AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION • AIA • ©19kf7 A107-1987 4
THE AMERICAN INSTITUTE OF ARCHITECTS, 1?35 NEW YORK AVENGE, N.V6'., V6'ASHINGTON, U.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
6.1.4 The Drawings are as follows, and are dated
(Either list the Drawings here or refer to an exhibit attached lu this Agrec~ncrytt.)
Number Title
To be prepared by the Contractor
6.1.5 The Addenda, if any, are as follows:
Number
N/A
unless a different date is shown below:
Date
Pages
Date
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 6.
6.1.6 Other documents, if any, forming part of the Contract Documents are as follows:
(List any additional documents which are intended t~ jorm part of the Contract Datcrnents.)
N/A
AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION •AIA° • ©1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A107-1987 5
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GENERAL CONDITIONS
ARTICLE 7
CONTRACT DOCUMENTS
7.1 'The Contract Documents consist of this Agreement with
Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to
the execution of this Agreement, other documents listed in this
Agreement and Z modifications issued after execution of this
Agreement. The intent of the Contract Documents is to include
all items necessary for the proper execution and completion of
the Work by the Contractor. The Contract Documents are
complementary, and what is required by one shall be as bind-
ing as if required by all; performance by the Contractor shall be
required only to the extent consistent with the Contract Docu-
ments and reasonably inferable from them as being necessary
to produce the intended results.
7.2 The Contract Documents shall not be construed to create a
contractual relationship of any kind (]) between the Architect
and Contractor, (2) between the Owner and a Subcontractor or
Sub-subcontractor or (3) between any persons or entities other
than the Owner and Contractor.
7.3 Execution of the Contract by the Contractor is a represen-
tation that the Contractor has visited the site and become famil-
iar with the local conditions under which the Work is to be
performed.
7.4 The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
ARTICLE 8
OWNER
8.1 The Owner shall furnish surveys and a Legal description of
the site.
8.2 Except for permits and fees which are the responsibility of
the Contractor under the Contract Documents, the Owner shall
secure and pay for necessary approvals, easements, assessments
and charges required for the construction, use or occupancy of
permanent structures or permanent changes in existing facilities.
8.3 if the Contractor fails to correct Work which is not in
accordance with the requirements of the Contract Documents
or persistently fails to carry out the Work in accordance with
the Contract Documents, the Owner, by a written order, may
order the Contractor to stop the Work, or any portion thereof,
until the cause for such order has been eliminated; however,
the right of the Owner to stop the Work shall not give rise to a
duty on the part of the Owner to exercise this right for the
benefit of the Contractor or any other person or entity.
ARTICLE 9
CONTRACTOR
9.1 The Contractor shall supervise and direct the Work, using
the Contractor's best skill and attention. The Contractor shall
be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and
for coordinating all portions of the Work under the Contract,
unless Contract Documents give other specific instructions
concerning these matters.
9.2 Unless otherwise provided in the Contract Documents, the
Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services
necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not
incorporated or to be incorporated in the Work.
9.3 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skllled in tasks
assigned to them.
9.4 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will be free
from defects not inherent in the quality required or permitted,
and that the Work will conform with the requirements of the
Contract Documents. Work not conforming to these require-
ments, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's
warranty excludes remedy for damage or defect caused by
abuse, modifications not executed by the Contractor, improper
or insufficient maintenance, improper operation, or normal
wear and tear under normal usage. If required by the Architect,
the Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
9.5 Unless otherwise provided in the Contract Documents, the
Contractor shall pay sales, consumer, use, and other similar
taxes which are legally enacted when bids are received or nego-
tiations concluded, whether or not yet effective or merely
scheduled to go into effect, and shall secure and pay for the
building permit and other permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
9.6 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations, and lawful
orders of public authorities bearing on performance of the
Work. The Contractor shall promptly notify the Architect and
Owner if the Drawings and Specifications are observed by the
Contractor to be at variance therewith.
9.7 The Contractor shall be responsible to the Owner for the
acts and omissions of the Contractor's employees, Subcontrac-
tors and their agents and employees, and other persons per-
forming portions of the Work under a contract with the
Contractor.
AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION • AIAQ9 • ©198?
THE AMERICAN INS"fITUTE OF ARCHITECTS, i735 NEW YORK AVENUE, N.VG'., WASHINGTON, D. C. 2(X)06
A107-1987 6
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9.8 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reason-
able promptness. The Work shall be in accordance with
approved submittals. When professional certification of per-
formancecriteria ofmaterials, systems or equipment is required
by the Contract Documents, the Architect shall be entitled to
rely upon the accuracy and completeness of such certifications.
9.9 The Contractor shall keep the premises and surrounding
area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the
Work the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
9.10 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
9.11 The Contractor shall pay all royalties and license fees;
shall defend suits or claims for infringement of patent rights and
shall hold the Owner harmless from loss on account thereof,
bui shall not be responsible for such defense or loss when a
particular design, process or product of a particular manufac-
turer or manufacturers is required by the Contract Documents
unless the Contractor has reason to believe that there is an
infringement of patent.
9.12 To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner, Architect, Archi-
tect's consultants, and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work, provided that such claim, dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
idemnity which would otherwise exist as to a party or person
described in this Paragraph 9.12.
9.12.1 In claims against any person or entity indemnified
under this Paragraph 9.1 Z by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnifica-
tion obligation under this Paragraph 9.12 shall not be limited by
a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
9.12.2 The obligations of the Contractor under this Paragraph
9.12 shall not extend to the liability of the Architect, the Archi-
tect's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, Construction
Change Directives, designs or specifications, or (2) the giving of
or the failure to give directions or instructions by the Architect,
the Architect's consultants, and agents and employees of any of
them provided such giving or failure to give is the primary
cause of the injury or damage.
ARTICLE 10
ADMINISTRATION OF THE CONTRACT
10.1 The Architect will provide administration of the Contract
and will be the Owner's representative (1) during construction,
(2) until fmal payment is due and (3) with the Owner's concur-
rence, from time to time during the correction period described
in Paragraph 1 S.1
10.2 The Architect will visit the site at intervals appropriate to
the stage of construction to become generally familiar with the
progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicat-
ing that the Work, when completed, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or continuous on-site inspections
to check quality or quantity of the Work. On the basis of on-
site observations as an architect, the Architect will keep the
Owner informed of progress of the Work and will endeavor to
guard the Owner against defects and deficiencies in the Work.
10.3 The Architect will not have control over or charge of and
will not be responsible for construction means, methods, tech-
niques, sequences or procedures, or for safety precautions and
programs in connection with the Work, since these are solely
the Contractor's responsibility as provided in Paragraphs 9.1
and 16.1, The Architect will not be responsible for the Contrac-
tor's failure to carry out the Work in accordance with the Con-
tract Documents.
10.4 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect will
review and certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
10.5 The Architect will interpret and decide matters concem-
ingperformance under and requirements of the Contract Docu-
ments on written request of either the Owner or Contractor.
The Architect will make initial decisions on all claims, disputes
or other matters in question between the Owner and Contrac-
tor, but will not be liable for results of any interpretations or
decisions rendered in good faith. The Architect's decisions in
matters relating to aesthetic effect will be final if consistent with
the intent expressed in the Contract Documents. All other deci-
sions of the Architect, except those which have been waived
by making or acceptance of final payment, shall be subject to
arbitration upon the written demand of either party.
10.6 The Architect will have authority to reject Work which
does not conform to the Contract Documents.
10.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract
Documents.
10.8 All claims or disputes between the Contractor and the
Owner arising out or relating to the Contract, or the breach
thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbi-
tration Association currently in effect unless the parties mutu-
ally agree otherwise and subject to an initial presentation of the
claim or dispute to the Architect as required under Paragraph
10.5. Notice of the demand for arbitration shall be filed in writ-
ing with the other party to this Agreement and with the Ameri-
can Arbitration Association and shall be made within a reason-
able time after the dispute has arisen. The award rendered by
AIA DOCUMENTAY07 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION • AIA° • ©1987
7 A1O7-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENLtE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
the arbitrator or arbitrators shall be final, and judgment maybe
entered upon it in accordance with applicable law in any court
having jurisdiction thereof. Except by written consent of the
person or entity sought to be joined, no arbitration arising out
of or relating to the Contract Documents shall include, by con-
solidation, joinder or in any other manner, any person or entity
not a party to the Agreement under which such arbitration
arises, unless it is shown at the time the demand for arbitration
is filed that (1) such person or entity is substantially involved in
a common question of fact or law, (2) the presence of such per-
son or entity is required if complete relief is to be accorded in
the arbitration, (3) the interest or responsibility of such person
or entity in the matter is not insubstantial, and (4) such person
or entity is not the Architect or any of the Architect's
employees or consultants. The agreement herein among the
parties to the Agreement and any other written agreement to
arbitrate referred to herein shall be specifically enforceable
under applicable law in any court having jurisdiction thereof.
ARTICLE 11
SUBCONTRACTS
11.1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perform a portion of the Work
at the site.
11.2 Unless otherwise stated in the Contract Documents or the
bidding requirements, the Contractor, as soon as practicable
after award of the Contract, shall furnish in writing to the
Ownec through the Architect the names of the Subcontractors
for each of the principal portions of the Work. The Contractor
shall not contract with any Subcontractor to whom the Owner
or Architect has made reasonable and timely objection. The
Contractor shall not be required to contract with anyone to
whom the Contractor has made reasonable objection. Con-
tracts between the Contractor and Subcontractors shall (1)
require each Subcontractor, to the extent of the Worlc to be
performed by the Subcontractor, to be bound to the Contrac-
tor by the terms of the Contract Documents, and to assume
toward the Contractor all the obligations and responsibilities
which the Contractor, by the Contract Documents, assumes
toward the Owner and Architect, and (2) allow to the Subcon-
tractor the benefit of all rights, remedies and redress afforded to
the Contractor by these Contract Documents.
ARTICLE 12
CONSTRUCTION BY OWNER OR
BY SEPARATE CONTRACTORS
12.1 The Owner reserves the right to perform construction or
operations related to the Project with the Owner's own forces,
and to award separate contracts in connection a-ith other por-
tions of the Project or other construction or operations on.the
site under conditions of the contract identical or substantially
similar to these, including those portions related to insurance
and waiver of subrogation. If the Contractor claims that delay
or additional cost is involved because of such action by the
Owner, the Contractor shall make such claim as provided else-
where in the Contract Documents.
12.2 The Contractor shall afford the Owner and separate con-
tractors reasonable opportunity for the introduction and stor-
age of their materials and equipment and performance of their
activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Con-
tract Documents.
12.3 Costs caused by delays, improperly timed activities or
defective construction shall be borne by the party responsible
therefor.
ARTICLE 13
CHANGES IN THE WORK
13.1 The Owner, without invalidating the Contract, may order
changes in the Work consisting of additions, deletions or modi-
fications, the Contract Sum and Contract Time being adjusted
accordingly. Such changes in the Work shall be authorized by
written Change Order signed by the Owner, Contractor and
Architect, or by written Construction Change Directive signed
by the Owner and Architect.
13.2 The Contract Sum and Contract Time shall be changed
only by Change Order.
13.3 The cost or credit to the Owner from a change in the
Work shall be determined by mutual agreement.
ARTICLE 14
TIME
14.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreement the Con-
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
14.2 The date of Substantial Completion is the date certified
by the Architect in accordance with Paragraph 15.3.
14.3 If the Contractor is delayed at any time in progress of the
Work by changes ordered in the Work, by labor disputes, fire,
unusual delay in deliveries, abnormal adverse weather condi-
tions not reasonably anticipatable, unavoidable casualties or
any causes beyond the Contractor's control, or by other causes
which the Architect determines may justify delay, then the
Contract Time shall be extended by Change Order for such rea-
sonable time as the Architect may determine.
ARTICLE 15
PAYMENTS AND COMPLETION
15.1 Payments shall be made as provided in Articles 4 and 5 of
this Agreement.
15.2 Payments may be withheld on account of (1) defective
Work not remedied, (2) claims filed by third parties, (3) failure
of the Contractor to make payments properly to Subcontrac-
tors or for labor, materials or equipment, (4) reasonable evi-
dence that the VG'ork cannot be completed for the unpaid bal-
ance of the Contract Sum, (5) damage to the Owner or another
contractor, (6} reasonable evidence that the Work will not be
completed within the Contract Time and that the unpaid bal-
ance would not be adequate to cover actual or liquidated dam-
ages for the anticipated delay, or (7} persistent failure to carry
out the Work in accordance with the Contract Documents.
15.3 When the Architect agrees that the Work is substantially
complete, the Architect will issue a Certificate of Substantial
Completion.
15.4 Final payment shall not become due until the Contractor
has delivered to the Owner a complete release of all liens arising
out of this Contract or receipts in full covering all labor, mate-
rials and equipment for which a lien could be filed, or a bond
satisfactory to the Owner to indemnify the Owner against such
AIA DOCUMENT A707 •ABBREVIATED O WNER-CONTRACTOR AGREEMENT • NINTH ED]TION •AIA° • ©l98'
THE AMERICAN INSTITUTE OF ARCHITECTS, 1?35 NEW YORK AVENUE, N.VC%., VC%ASHINGTON, D.C. 20006
A107-1987 8
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lien. If such lien remains unsatisfied after payments are made,
the Contractor shall refund to the Owner all money that the
Owner may be compelled to pay in discharging such lien,
including all costs and reasonable attorneys' fees.
15.5 The making of final payment shall constitute a waiver of
claims by the Owner except those arising from:
.1 liens, claims, security interests or encumbrances aris-
ing out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements
of the Contract Documents; or
.3 terms of special warranties required by the Contract
Documents.
Acceptance of final payment by the Contractor, a Subcontrac-
tor or material supplier shall constitute a waiver of claims by
that payee except those previously made in writing and identi-
fied by that payee as unsettled at the time of final Application
for Payment.
ARTICLE 16
PROTECTION OF PERSONS AND PROPERTY
16.1 The Contractor shall be responsible for initiating, main-
taining, and supervising all safety precautions and programs in
connection with the performance of the Contract. The Con-
tractor shall take reasonable precautions for safety of, and shall
provide reasonable protection to prevent damage, injury or loss
to:
.1 employees on the Work and other persons who may
be affected thereby;
.2 the Work and materials and equipment to be incor-
porated therein; and
.3 other property at the site or adjacent thereto.
The Contractor shall give notices and comply with applicable
laws, ordinances, rules, regulations and lawful orders of public
authorities bearing on safety of persons and property and their
protection from damage, injury or loss. The Contractor shall
promptly remedy damage and loss to property at the site
caused in whole or in part by the Contractor, a Subcontractor, a
Sub-subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be liable
and for which the Contractor is responsible under Subpara-
graphs 16.1.2 and 16.1.3, except for damage or loss attributable
to acts or omissions of the Owner or Architect or by anyone for
whose acts either of them may be liable, and not attributable to
the fault or negligence of the Contractor. The foregoing obliga-
tions of the Contractor are in addition to the Contractor's obli-
gations under Paragraph 9.12.
18.2 The Contractor shall not be required to perform without
consent any Work relating to asbestos or polychlorinated
biphenyl (PCB).
ARTICLE 17
INSURANCE
17.1 The Contractor shall purchase from and maintain in a
company or companies lawfully authorized to do business in
the jurisdiction in which the Project is located insurance for
protection from claims under workers' or workmen's compen-
sation acts and other employee benefit acts which are applio-
able, claims fur damages because of bodily injury, including
death, and from claims for damages, other than to the Work
itself, to property which may arise out of or result from the
Contractor's operations under the Contract, whether such
operations be by the Contractor or by a Subcontractor or any-
one directly or indirectly employed by any of them. This insur-
ance shall be written for not less than limits of liability specified
in the Contract Documents or required by law, whichever
coverage is greater, and shall include contractual liability insur-
ance applicable to the Contractor's obligations under Paragraph
9.12. Certificates of such insurance shall be filed with the
Owner prior to the commencement of the Work.
17.2 The Owner shall be responsible for purchasing and main-
taining the Owner's usual liability insurance. Optionally, the
Owner may purchase and maintain other insurance for self-
protection against claims which may arise from operations
under the Contract. The Contractor shall not be responsible for
purchasing and maintaining this optional Owner's liability
insurance unless specifically required by the Contract
Documents.
17.3 Unless otherwise provided, the Owner shall purchase
and maintain, in a company or companies lawfully authorized
to do business in the jurisdiction in which the Project is
located, property insurance upon the entire Work at the site to
the full insurable value thereof. This insurance shall be on an all-
risk policy form and shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work and shall insure against the perils of fire and extended
coverage and physical loss or damage including, without dupli-
cation of coverage, theft, vandalism and malicious mischief.
17.4 A loss insured under Owner's property insurance shall be
adjusted with the Owner and made payable to the Owner as
Fiduciary for the insureds, as their interests may appear, subject
to the requirements of any applicable mortgagee clause.
17.5 The Owner shall file a copy of each policy with the Con-
tractor before an exposure to loss may occur. Each policy shall
contain a provision that the policy will not be cancelled or
allowed to expire until at least 30 days' prior written notice has
been given to the Contractor.
17.6 The Owner and Contractor waive all rights against each
other and the Architect, Architect's consultants, separate con-
tractors described in Article 12, if any, and any of their subcon-
tractors, sub-subcontractors, agents and employees, for dam-
ages caused by fire or other perils to the extent covered by
property insurance obtained pursuant to this Article 17 or any
other property insurance applicable to the Work, except such
rights as they may have to the proceeds of such insurance held
by the Owner as fiduciary. The Contractor shall require similar
waivers in favor of the Owner and the Contractor by Subcon-
tractors and Sub-subcontractors. The Owner shall require simi-
lar waivers in favor of the Owner and Contractor by the Archi-
tect, Architect's consultants, separate contractors described in
Article 12, if any, and the subcontractors, sub-subcontractors,
agents and employees of any of them.
ARTICLE 18
CORRECTION OF WORK
18.1 The Contractor shall promptly correct Work rejected by
the Architect or failing to conform to the requirements of the
Contract Documents, whether observed before or after Sub-
stantial Completion and whether or not fabricated, installed or
completed, and shall correct any Work found to be not in
accordance with the requirements of the Contract Documents
within a period of one year from the date of Substantial Com-
AIA DOCUMENT A707 •ABBREVIATED OWNER-CONTRACTOR A<',REEMENT • NINTH EDITION • AL4 ~ • ~ % 19fl'
9 A107-1957 THE AY1F,R[CAN INSTITUTE OF ARCHITECTS, 1'35 NEVG' YORK AVENUE., N.VG'., VG'ASHINGTON, D C. 2000a
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
pletion of the Contract or by terms of an applicable special war-
ranty required by the Contract Documents. The provisions of
this Article 18 apply to Work done by Subcontractors as well as
to Work done by direct employees of the Contractor.
18.2 Nothing contained in this Article 18 shall he construed to
establish a period of limitation with respect to other obligations
which the Contractor might have under the Contract Docu-
ments. Establishment of the time period of one year as
described in Paragraph 18.1 relates only to the specific obliga-
tion of the Contractor to correct the Work, and has no relation-
ship to the time within which the obligation to comply with the
Contract Documents may be sought to he enforced, nor to the
time within which proceedings may be commenced to estab-
lish the Contractor's liability with respect to the Contractor's
obligations other than specifically to correct the Work.
ARTICLE 19
MISCELLANEOUS PROVISIONS
19.1 The Contract shall be governed by the law of the place
where the Project is located.
19.2 As between the Owner and the Contractor, any appli-
cable statute of limitations shall commence to run and any
alleged cause of action shall be deemed to have accrued:
,1 not later than the date of Substantial Completion for
acts or failures to act occurring prior to the relevant
date of Substantial Completion;
.2 not later than the date of issuance of the final Certifi-
cate for Payment for acts or failures to act occurring
subsequent to the relevant date of Substantial Com-
pletion and prior to issuance of the final Certificate for
Payment; and
.3 not later than the date of the relevant act or failure to
act by the Contractor for acts or failures to act occur-
ring after the date of the final Certificate for Payment.
ARTICLE 20
TERMINATION OF THE CONTRACT
20.1 if the Architect fails to recommend payment for a period
of 3O days through no fault of the Contractor, or if the Owner
fails to make payment thereon for a period of 3U days, the Con-
tractor may, upon seven additional days' written notice to the
Owner and the Architect, trrrninate the Contract and recover
from the Owner payment for Work executed and for proven
loss with respect u) materials, equipment, t~x)ls, and a)nstruc-
tion equipment and machinery, including reasonable overhead,
profit and damages applicable to the Project.
20.2 If the Contractor defaults or persistently fails or neglects
to carry out the Work in accordance with the Contract Docu-
ments or fails to perform a provision of the Contract, the
Owner, after seven days' written notice to the Contractor and
without prejudice to any other remedy the Owner may have,
may make good such deficiencies and may deduct the cost
thereof, including compensation for the Architect's services
and expenses made necessary thereby , from the payment then
or thereafter due the Contractor. Alternatively, at the Owner's
option, and upon certification by the Architect that sufficient
cause exists to justify such action, the Owner may terminate the
Contract and take possession of the site and of all materials,
equipment, tools, and construction equipment and machinery
thereon owned by the Contractor and may finish the Work by
whatever method the Owner may deem expedient. If the
unpaid balance of the Contract Sum exceeds costs of finishing
the Wurk, including compensation for the Architect's services
and expenses made necessary thereby, such excess shall he
paid to the Contractor, but if such costs exceed such unpaid
balance, the Contractor shall pay the difference to the Owner.
AIA DOCUMENTA107 • ABBREVIATED UW'NF.R-CONTRACTOR AGREEMENT • NINTH EDITION • AEA=' • _,198'
THE AMERICAN INSTITIITF. OF AR(:Hll'ECTS, 1'i5 NEW YORK AVENUE, N.~'., WASHINGTON, ll C. 1.~~OU6
A107-1987 10
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ARTICLE 21
OTHER CONDITIONS OR PROVISIONS
This Agreement entered into as of the day and year first written above.
OWNER
(,S:X~aatztre)
(Printed Warne and title)
(Sigrtctture)
Stephen T, Huser, President
(Printed name ca~tt! title)
CAUTION: You should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AIA DOCUMENTA107 • Af3I3REVIATED Ow'NER-CONTRACTOR AC;RF.EMENT • NINTH EDITION • AIA + ~~ 19ri'
11 A107-1987 T11E AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NE4Y' YORK AVF.Nf E, N.4x'. 4~'ASH[NGTI)N, [) C 3(100!
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