O~DEf2 NC7. ~c~33 AF'RF2[]VAL OF MECHANICAL, E:LEC:TRICAL AND FOUNDATION FLANS FOH THE I'.ERf2 COUNTY ANIMAL CONTROL FACILITY On this the 17th day of April 199 ~, ~_-pan matian made by Commissioner Holekamp, seconded by Commissioner Lehman, the Co~_-rt ~_-nanima~_-sly approved by a vote of 4-~-~, to approve the mechanical, electrical, and fo-.-ndatian plan far the t'.err Ca~.-nty Animal Facility and have Mr-•. H~_-ser praceed with the b~_-i ldiny oi= the Faci i ity. T H E A M E R I C A I N S 'I' I 'I' U 'I' E ~ F A R C II l '1' E C T S , Arch's Review 4-11-95 AIA Document A117 Abbreviated Form of Agreement Between Owner and Contractor ~t-~r CONSTRUCTION PKO,JF_CTS OF LIMITED SCOPE where the basis ~)f payment is the COST' OI' 771E WORK PLUS A FEE with or without a Guaranteed Maximum Price 1987 EDITION THIS DOCUMENT HAS IMPORTANT LF,GAI. CONSEQUF,NCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS CUMPI_ETION 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 12 t h Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Contractor (Name and address) The Project is: (Name and lcxation) The Architect is: (Name and address) day of Apr i 1 1995 Kerr County 700 Main Street Kerrville, Texas 78028 Huser Construction Company, Inc. 819 Water Street, Suite 200-B Kerrville, Texas 78028 Kerr County Animal Shelter Loop 534 Kerrville, Texas 78028 Michael Neal Walker 1303 Vesper Lane Kerrville, Texas 78028 in the year of The Owner and Contractor agree as set forth below. ' Copyright 1979, ©1987 by The American Institute of Architects, 1715 New York Avenue, N.W., Washington, D.C. 20006. Portions of [his document are derived from AIA Uocument A 1 1 1, Standard Form of Agreement I3etween Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee, copyright ©1987 and earlier years, and AIA Uocument A201, General Conditions of the Contract for Construction, copyright ©1987 and earlier years. Reproduction of the material herein or substantial quotation of its provi- sions without written permission of the AIA violates the copyright laws of the 1lnited States and will be subject to legal prosecution. AIA DOCUMENT A1/7 • ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT • SECOND EDITION •AIA® ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A117-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is aublect to legal proaecutlon. 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 he the responsibility of others, or as follows: The Contractor shall work with the Architect and owner_ to price and assist in the selection of products as the Contract Documents are completed in a "fast-track" method to build an Animal Shelter in Kerr County, Texas. The work may consist of phases of construction released by the Owner for the Contractor to commence prior to all work on the project being clearly defined. All phases of work shall be authorized by the Owner prior to commencement. The objective is to design and construct a suitable facility for $175,000. or less by June 25, 1995. The Contractor shall be responsible for methods and procedures for construction. ARTICLE 2 RELATIONSHIP OF THE PARTIES 2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner, to furnish efficient business administration and supervision; tv make hest efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expedi- tious manner by ftunishing and approving in a timely way infornation rcyuircd by the Contracmr and making payments to the Con- tractor in accordance with the requirements of the Contract Ucxuments. r ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to he fixed in a notice to proceed issued by the Owner. Apr i 1 3 , 19 9 5 (Insert the date rl commerrannent, f f it differs lrom the dale uj lhLc AgreYhraart nr.:/ applanble, state that the date u~itf Ix fixed in a notice to emceed.) 3.2 The Contractor shall achieve Substantial Completion of the entire V('ork not later than (Insert the calendar mare or number of ralrmdar rtrrP.c aJrer the date of rrrnnnen+reanrnN Alv+ insert rrnp reyuireaaerus jor earfier,Grhstantial Completion ojcerfain por- tions of the tY'ork, i/ aot .rated elser+bere in !be linurac! /)rx'+unerr[c) June 2 5 , 19 9 5 subject to adjustments of this Contract Time as provided in the Contract lkxuments. (Arsert prorisiorrs, ij crnr•, fur tigaidared damages relafirrg to firihrre tr. rornplrte nr+ brae.) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum con- sisting of the Cost of the Work as defined in Article 5 and the Contractor's Fee determined as follows: (,State a funrp sum, percentage of Cost o/ the Work or other prorLcioa /ur dehnir+hrirrg the !,?nrtractar s Fee, mrd erplara Crow the Conlractor's Fee is fo he adjusted jor changes in the lrirrk.) ' The Contractor's fee shall be 15$ of the cost of the work or a maximum of $22,000.00. AU DOCUMENT A117 • ARBRF,VIATEDCOST-PL[IS OWNER-CONTRACTOR AGREEMF,NT • SECOND EDITION • AIA~D ~ Al 7_1987 2 ©19A7 • Tt1E AMERICAN INST'IT'UTE OF ARCHITECTS, 175 NF,W YORK Ab'EN[!F„ N.~X'., W'ASHINGTON, D.C. 211000 WARNING: Unlicensed photocopying violates U.S. copyrlghl laws and is subject to legal prosecution. 4.2 (3UARANTEEO MAXIMUM PRICE (IF APPLICABLE) 4.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed One Hundred Seventy-Five Thousand----------------------Dollars (s 175 , 000.00 ), subject to addl- tlons and deductions by Change Order as provided in the Contract ikxuments. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. The Initial Guaranteed Maximum Price (Insert specylc pmrrsions tJ the Contractor is to participate to any savings.) i s based o n a pa r t i a 11 y e omp f e t e d set of Contract Documents. The I.G.M.P, includes a 2.5$ contingency. The I.G.M. P. will be adjusted up or down as the Contract Documents are completed. 4.2.2 The Guaranteed Maximum Price is based upon the following alternates, if any, which are described in the Contract Docu- ments and are hereby accepted by the Owner: (State the numbers or ether tderrtiJication of any accepted alternates, Met or$y~ iJ a Guaranteed Alaximum Pace is inserted in Subparagrapb 4.2.1. /J decisions on other alternates are to he made by the Owner subsequent to the execution uJ thLv rlgrrrmr~»t, attach a schedule of such other alternates showing the amount Jor each and the dale until which that amnura is slid.) 4.2.3 The amounts agreed to for unit prices, if any, are: (,Rate unit prises nnll' ij n r;uarantrrd Alrrrimnrn Price is inserler/ in .trdr/xua,~rrr/rh 9 1 1 ) $12,000.00 for Kennel Construction - complete. ' ARTICLE 5 COSTS TO BE REIMBURSED 5.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner- The Cost of the Work shall include only the items set forth in this Article 5. 5.1.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work, including welfare, unemployment compensation, social security and othrr txnef'its. 5.1.2 Costs, including transportation, of materials and equipment incor(x)rated or to be incorporated in the completed construction. Ali discounts for cash or prompt payment shall accrue to the Contractor. 5.1.3 Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. AIA DOCUMENT A117 • ARRREVIATF,D COST-PLUS OWNER-CONTRA(:'1'OR AGR1iEMF.NI' • SECOND EDITION • AIA~' r ©1987 • THF. AMERICAN tNSI'ITUTE OF ARCHITEC9'S, 1735 NF.V(' YORK AVI?NUE, N W., VG'AStIiNGTON, D.C. Z(N7(Ki A117-1987 3 r WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 5.1.4 Cost of all materials, temporary facilities, equipment and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site and fully consumed in the performance of the Work. 5.1.5 Reasonable rental costs for necessary temporary facilities, machinery, equipment, and hand tools used at the site of the Work, whether rented from the Contractor or others. Rates and quantities of equipment rented shall be sub)ect to the Owner's prior approval. 5.1.8 That portion directly attributable to this Contract of premiums for insurance and bonds. 5.1.7 Losses and expenses, not compensated by insurance or otherwise, sustained by the Contractor in connection with the Work, provided they have resulted from causes other than the fault or neglect of the Contractor. 5.1.8 Costs of removal of debris from the site. 5.1.9 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. 5.1.10 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. (here insert mtxlljitatlons ar fimilati~nas !n any of the aFxme suhparaRraphs,) General Supervision including all insurance, benefits, payroll taxes. ARTICLE 6 COSTS NOT TO BE REIMBURSED 8.1 The Cost of the Work shall not include: 8.1.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as may he provided in Article 2C,. 6.1.2 Expenses of the Contractor's principal office and offices other than the site office. 6.1.3 Overhead and general expenses, except as may he expressly included in Article 5. 8.1.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. 8.1.5 Rental costs of machinery and eyuipment, except as specifically provided in Subparagraph 5.1.5. 8.1.6 Except as provided in Paragraph 10.2 of this Agreement, costs due to the fault or negligence of the Contractor, Subcontrac- tors, anyone directly or indirectly employed by any of them, or for whose acts any of them may he liable, including, but not limited to, costs for the correction of damaged, defective or nonconforming Work, disposal and replacement of materials and eyuipment incorrectly ordered or supplied, and making good damage to property not forming part of the Work. 8.1.7 Any cost not specifically and expressly described in Articlr 5. 6.1.8 Costs which would cause the Guaranteed Maximum Prire, if any, to t>e exceeded. ARTICLE 7 DISCOUNTS, REBATES AND REFUNDS 7.1 Cash discounts obtained on payments made by the Contractor shall accnie to the Owner if (1) before making the payment, the Contractor included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Contractor with which m make payments; otherwise, cash discounts shall accnte to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of sury)lus materials and eyuipment shall accrue~to the Owner, and the Contractor shall make provisions so that they can be secured. AIA DOCUMENT A177 • ARRRF.VIATF.D COST-PLt ~S OWNER-CONTRACTOR AGRF,EMF.NI' • SF.CONll EDITION • AIA~ ©1987 • T'IIF. AMERICAN INSTITUTE OF ARC:1111'F.CTS, 17j5 NEVI' YORK AVF.NUF:, N.W., W'ASHIN(iTON, U.C. 2IXN>< A117-1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws end Is subiect to legal prosecution. r i ' 7.2 Amounts which accrue to the Owner in accordance with the provisions of Paragraph 7.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 8 ACCOUNTING RECORDS 0.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial man- agement under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Contractor's records relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. Submlt records the Owner to Support the final Cost of the Work prior to receiving final payment from the Owner. ARTICLE 9 PROGRESS PAYMENTS 9.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment LSSUed by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Progress Payments shall be no more often than twice per month, based on an AIA G702 Schedule of values percentage complete. 9.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (insert any rare of interest aXreed upon, ij any.) (Usury taus and requirements under the Federal Truth in Lending Act, similar store nrrd 6xzil consumer credit laws acrd other reRulattons at the (hrner's and Con- tractor :~ prfndpal places ojhusiness, the localinn rl the Prr jert and elseu•lx~re nu+y ajji~ct rlx~ validity of"this pmrision. Legal advice should he ohtairted u~itb respec! ro deletions or modljicarions, mrd also regarding requiremeretc such as urillrm disclosures or u~airrrs.J ARTICLE 10 FINAL PAYMENT 10.1 Final payment, constituting the entire unpaid balance of the Contract Swn, shall he paid by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's respclnsibiNty to correct nonconforming Work and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final Certificate for Payment has been issued by the Architect. 10.2 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs described in Article 5 and not excluded by Article 6 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price, if any. If the Contractor hae participated in savings as provided in Subparagraph 4.2. t, the amount of such savings shall he recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. ARTICLE 11 ENUMERATION OF CONTRACT DOCUMENTS 11.1 The Contract Documents are listed in Article 12 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: M i AIA DOCUMENT A117 ~ ABAREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT ~ SECOND EDITION ~ AIA' A11 T19S7 5 y ©19A7 ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW' YORK AVENUE, N W'., WASHINGTON, D.C. 200(1( WARNING: Unlicensed photocopying violates U.S. copyright Isws and is subject to legal prosecution. 11.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AlA Document AI 17, 1987 Edition. 11.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages To be prepared by the Architect, approved by the Owner, and acceptable to the Contractor. 11.1.3 The Specifications are those contained in the Project Manual dated as in Subparagraph 11.1.2, and aze as follows: (F,(ttx~r lr.cl the sprkrficaftnxs here nr refer iii mi erhihrf attached 1n this ~r(reK•rrumt.) Section Title Pages To be prepared by the Architect, approved by the Owner, and acceptable to the Contractor. ' AIA DOCUMENT A117 ~ ABRRF.VIATF.ll COST PLUS OWNER-CONTRACTOR AGRF.F.MENT' • SF,COND EDITION • AlAQ9 A117-1987 6 ati ©1987 ~ THF. AMERICAN INSl'IT[ITF, OF ARCHITECTS, 1735 NEW YORK AVF.NUF., N.W ,WASHINGTON, D.C. 2(NNl(i WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.1.1 The Drawings are as follows, and are dated , unless a different date is stated below: (Eftber list the Drau~tngs here or refer to an exbthlt attached to this Agreement.) Number Title Date To be prepared by the Architect, approved by the Owner, and acceptable to the Contractor. 11.1.5 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in thLs Article 11. 11.1.4 Other documents, if any, forming part of the Contract Documents are as follows: (List here any addltfnnal d~xuments u~hfch are Intended to form /xrrt oJthe Contract Drxuments.) AU DOCUAAEHIT A117 • ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT • SECOND EDITION • AIA® ®1987 ~ THE AMERTCAN INSTITUTE OF ARCH[TECTS, 1735 NEW YORK AVENUE, N.W., WASIiINGTON, D.C. 20006 Al ~ T•~ 98T 7 WARNING: UnNcensed photocopying violates U.S. copyright laws and la subject to legal proaecutlon. 'i GENERAL CONDITIONS ARTICLE 12 CONTRACT DOCUMENTS 12.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and oilier Conditions), Drawings, Specifications, addenda issued prior to execut[on of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as bind- ing as if required by all; performance by the Contractor shall he required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 12.2 The Contract Documents shall not he construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor or (i) between any persons or entities other than the Owner and Contractor. 12.3 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site and become familiar with the local conditions under which the Work LS to he performed. 12.4 The term "Work" means the constnuction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to he provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. ARTICLE 13 OWNER , 13.1 The Owner shall furnish surveys and a legal description of the site. 13.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 13.3 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not Rive rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 14 CONTRACTOR 14.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall he 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 Insttvctlons concerning these matters. 14.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 14.3 'f he 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. 14.4 T'he Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless othetwise required or per- mitted 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. 14.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are receh~ed or nego- nations 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. 14.6 '['he Contractor shad comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work. T'he Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. 14.7 The Contracror 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 A717 • ARARF.VIATEI)COST-PLl1S nWNER-CONTRACTOR AGREEMENT • SECOND F.DIT'ION • AIAm ©19fl7 • THF. AMERICAN INST'IT'UTE OE ARCHITECT'S, 1715 NF.W YORK AVENIiE, N.W., ~t'ASHINGT'ON, D.C 2(xxKi A117-1987 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 14.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness. The Work shall he in accordance with approved submittals. When professional certification of perfor- mancecriteria of materials, systems or equipment is reyuired by the Contract Documents, the Architect shall he entitled to rely upon the accuracy and completeness of such certifications. 14.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 14.10 The Contractor shall provide the Owner and Architect aceess to the Work in preparation and progress wherever located. ' 14.11 T'he Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not he responsible for such defense or loss when a particular design, process or product of a particular manufac- turer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent. 14.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itselQ 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 he liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall nut he construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 14.12. 14.12.1 In claims against any person or entity indemnified under this Paragraph 14.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may he liable, the indemnifica- tion obligation under this Paragraph 14.12 shall not he limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 14.12.2 The obligations of the Contractor under this Para- graph 14.12 shall not extend to the liability of the Architect, the Architect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, sun~eys, Change Orders, Con- struction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 15 ADMINISTRATION OF THE CONTRACT 15.1 The Architect will provide administration of the Contract and will he the Owner's representative (1) during consttuction, (2) until final payment is due and (3) with the Owner's concur- rence, from time to time during the correction period described in Paragraph 23.1. 15.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to detemune in general if the Work is being performed Lt a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Doxuments. However, the Architect will not be reyuired to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 15.3 The Architect will not have control over or charge of and will not he responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraphs 14.1 and l I.1. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 15.4 [3ased on the Architect's observations and evaluations of the (:ontractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 15.5 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. '('he Architect will make initial decisions on all claims, disputes or other matters in question between the Owner and Contrac- tor, but will not he liable for results of any interpretations or decisions rendered in good faith. The Architect's decisions in matters relating to aesthetic effect will he 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 he subject to arbitration upon the written demand of either party. 15.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. 15.7 'I'tte Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 15.8 All claims or disputes between the Contractor and the Owner arising out of or relating to the Contract Documents, or the breach thereof, shall be decided by arbitration in accor- dance with the Construction Industry Arbitration Rules of [he American Arbitration Association currently in effect unless the parties mutually agree otherwise and subject to an initial presentation of the claim or dispute to the Architect as required under Paragraph 15.5. Notice of the demand for arbitration shall he filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The AIA Dt)CUMENT A117 • ABBREVIATED COST-PLUS OWNER-CONTRACTOR AfiRF.F;MENT • SECOND EDITION •AIA® 9 A117-1987 n 19R7 • TIIF. AMERICAN INST'll'tiTF. OF ARCHITECTS, 135 NEW YORK AVENUE., N.W., WASHINGTON, D.C. 2(NNKi WARNING: Unlicensed photocopying violates U.S. copyright larva end Is subject to legal prosecution. award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with ap- plicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially Involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. T'he agree- ment herein among the parries to the Agreement and any other wNtten agreement to arbitrate referred to herein shall be specifi- cally enforceable under applicable law in any court having jurisdiction thereof. ARTICLE 16 SUBCONTRACTS 16.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 18.2 l lnless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with anv 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) rryulrr each Subcontractor, to the extent of the Work to he performed by the Subcontrctor, to he 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 Subcxxr tractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 17 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 17.1 The Owner reserves the right to perform constnrction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other pcx- tions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided else- where in the Contract Documents. 17.2 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for the introduction and stor- age of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Con- tract Documents. 17.3 Costs caused by delays, improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 18 CHANGES IN THE WORK 18.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modi- fications, the Guaranteed Maximum Cost, if any, and the Con- tract Time being adjusted accordingly. Such changes in the Work shall he authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Constnrc- tion Change Directive signed by the Owner and Architect. 18.2 The Contract Sum and Contract Time shall be changed only by Change Order. 18.3 The cost or credit to the Owner from a change In the Work shall be determined by mutual agreement. ARTICLE 19 TIME 19.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 19.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 20.3. 19.3 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather condi- tions not rrasonahly anticlpatahle, unavoidable casualtie.4 or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract T'irne shall he extended by Change Order for such reasonable tune as the Architect may determine. ARTICLE 20 PAYMENTS AND COMPLETION 20.1 Payments shall be made as provided in Articles 9 and 10 of this Agreement. 20.2 Payments may he withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payrnents properly to Subcontrac- tors or for labor, materials or equipment, (4) reasonable evidence that the Work cannot he completed for the unpaid balance of the Guaranteed Maximum Price, if any, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not he completed within the Contract Tithe and that the unpaid balance of the Guaranteed Maximum Price, if any, would not be adequate to cover actual or liquidated damages for the anticipated delay, or (7) persistent failure to carry out the Work in accordance with the Contract Docurents. 20.3 When the Architect agrees that the Work is substantially complete, the Architect will issue a Certificate of Substantial Completion. AIA DOCUIYIENT A117 • A811RF.VIATED COST-PLUS OWNER CONI'RACrOR AGRF.Ii11ENl' • SECOND F.DIIION •AIA© ©1987 • THE AMERICAN INSTITIII'F. OP ARCt1ITECTS, 1715 NEW YORK AVF.NUF:, N W., WASfi1NGTON, D.C. 2(NNKi A117-1987 10 WARNING: Unlicensed photocopying violates U.S. copyright laws end Is subleet to legal prosecution. 20.4 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, mate- rials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such Ilen remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 20.5 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the teyuirements 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 oC claims h}' 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 21 PROTECTION OF PERSONS AND PROPERTY 21.1 T'he Contractor shall he responsible for initiating, maln- talning, and supervising all safety precautions and progranLS 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 he incor- porated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, nlles, regulations and lawful orders of public authorities hearing 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 afiole or in part by the Contractor, a Suhcontractor,.a 5uh-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone kx whose acts they may he liable and for which the Contractor is responsible under Subpara- graphs 21.1.2 and 21.1, i, 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 he liable, and not attributable to the faun or negligence of the Contractor. 'The foregoing obliga- tions of the Contractor are in addition to Che Contractor's obligations under Paragraph 14.12. 21.2 The Contractor shah not he required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 22 INSURANCE 22.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' or workmen's compen- sation acts and other employee benefit acts which are applica- ble, claims for damages because of bodily injury, including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or any- one directly or indirectly employed by any of them. This insur- ance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever cov- erage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 14.12. (:ertiflcates of such insurance shall be filed with the Owner prior to the commencement of the Work. 22.2 The Owner shall he 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. 22.3 [Inless 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 upc)n the entire Work at the site to the full insurable value thereof. This insurance shall be on an all- risk policy form and shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of fire and extended coverage and physical loss or damage including, without dupli- cation of coverage, theft, vandalism and malicious mischief. 22.4 A loss insured under Owner's property insurance shall be adjusted with the Owner and made payable to the Owner a5 fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. 22.5 T'he 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 3o days' prior written notice has been given to the Contractor. 22.6 "fhe Owner and Contractor waive all rights against each other and the Architect; Architect's consultants, separate ccm- tractors described in Article 17, if any, and any of their subcon- tractors, sub-subcontractors, agents and employees, for dam- ages mused by fire or other perils to the extent covered by property insurance obtained pursuant to this Article 22 or other pn)1> materials, equipment, tools, and construct ticm equipment and machinery, including reasonable overhead, profit and damages applicable to the Project, provided that in no event shall such payment cause the Guarartteed Maximum Price to be exceeded. 25.2 if the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of ail 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 Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner, provided that in no event shall such payment cause the Guaran- teed Maximum Price, if any, to be exceeded. AIA DOCUMENT A117 • AABREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT • SECOND EDITION • AIA® ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A117-1987 12 WARNING: Unlicensed photocopying vloletea U.S. copyright laws and Is subject to legal pmaecution. ARTICLE 26 OTHER CONDITIONS OR PROVISIONS This Agreement entered into as cif the day and year first written above. KERR COUNTY HUSH QbN5TRUCTION CO . , INC . lPt~i~~. ~SO ~ - ~~ + T V ~ ~ E -~ t:-e-~#~T-. ~s21=~ ~~ e~s-~s~ e ~ ~ (Printed name a~zd title) (Printed name and title) I I CAUTION: You should sign an origl:~al 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 DOCUMENT M 17 • ABBREVIATF,D COST-PLl1SOWNEg-CONTRACTOR AGREEMENT • SECOND EDIT[ON • AlA® 13 Al ~ 7-1987 01987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000( WARN!NGo Unl)cenasd photoaopyl~~ ~~'^~•tae U.6. cnppright laws And le ec~ct to legal proeecutlon, (~93