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AG 19-135 - FieldTurf RETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: Parks ORIGINATING STAFF PERSON: Steve lkerd EXT: 6911 3. DATE REQ.BY: TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION © CONTRACT AMENDMENT(AG#): 19-135 ❑ INTERLOCAL ❑ OTHER PROJECT NAME: Saghalie Park Soccer Field Turf Replacement NAME OF CONTRACTOR: FieldTurf Usa,Inc. ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: 10/18/19 TOTAL COMPENSATION$647,274.85+6,733.00=654,007.85 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES,$ PAID BY:ElCONTRACTOR ElCITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 189-7100-000-576-80-650 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED �PROJECTMANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW ` 1. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE:1J _ COUNCIL APPROVAL DATE: ; 2. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: -U/ `0/)") DATE REC'D: )� /E ��l i ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑ LAW DEPARTMENT SIGNATORY(MAYOR OR DIRECTOR 7 CITY CLERK 0 l0 'ASSIGNED AG# AG# BI SIGNED COPY RETURNED DATE SENT: yU� ;OMMENTS: IMA 117 Contract Change Order • • • Date: October 4, 2019 COP#: 1 From: FieldTurf USA, Inc. To: City of Federal Way 7445 Cote-de-Liesse Road, Suite 200 33325 8th Ave S. Montreal, Quebec H4T 1G2 Federal Way, WA 98003 Project: Saghalie Park Soccer Field Contact: Stephen Ikerd, Parks Deputy Director 3391419th Ave SW Phone: 253 835-6911 Federal Way,WA 98023 Fax: Ref: 88006833 Email: steve.ikerd@cityoffederalway.com Scope Description:Add to FieldTurf scope of work dig to locate existing drain line on NE side of field where water was pooling during flood test. Remove and dispose of existing material over drain line, replace with peagravel and cap with permeable stone grade and compact for new e-layer. DESCRIPTION QTY UNIT UP PRICE Subcontractor Labor/ Equipment 1 LS 5689.79 $5,689.79 Subcontractor Material 1 LS 413.31 $413.31 FieldTurf OH&P 1 1 LS 1 554.16 $554.16 Performance & Payment Bond 1 1 LS 1 75.751 $75.75 TOTAL CHANGE ORDER: $6,733.00 ORIGINAL CONTRACT: $647,274.85 PREVIOUS CHANGE ORDERS: $0.00 REVISED CONTRACT TOTAL: $654,007.85 Notes/Exclusions: • Quote is valid for thirty(30)calendar days • The Contract Time will be increased by 0 days. It is mutually agreed that for the above-referenced changes to take place,the original contract price will be adjusted by the above- referenced amount,which will become payable in accordance with the same terms and conditions as in the original contract or purchase order. If all the terms of this change order are acceptable please have an authorized representative sign the bottom of this document and return it to FielclTurf's Montreal office, or as otherwise provided in the contract documents. FieldTurf will,in turn,provide a fully executed copy for your records.Once this document is fully executed, it will be considered a revision/modification to the original Field7SA,Inc. Owner/General Contractor Au edRep sentative orized Represent e Date 10 10/2019 Date 175 N. Industrial Blvd,Calhoun,GA 30701 •Toll Free:1-800-724-2969•Website:http://www.fieldtur-f.com COP Subcontractor Breakdown Summary Project Name: COP 1 contractor: FT USA Date: 10/4/2019 Sub Contractor: FTNW Contractor Ref.No. Description: Dig to locate existing drain line on NE side of field where water was pooling during flood test.Remove and dispose of existing material over drain line,replace with peagravel and cap with permeable stone grade and compact for new 9- layer. Itemize all costs on attached COP Cost Breakdown form. Direct Labor Costs: a. crew(apprentices,journeymen,&laborers) $ 3,360.00 b. safety $ c. small tools $ 1.DIRECT LABOR COSTS $ 3,360.00 2. MATERIAL COSTS a. material costs $ 410.00 b. freight costs(itemize) $ - 2.MATERIAL COSTS $ 410.00 3. EQUIPMENT COSTS a. owned equipment $ 1,720.00 b. rental equipment(per invoices attached) 3.EQUIPMENT COSTS $ 1,720.00 SUBTOTAL 1 thru 3F$---5,490.00 4. OVERHEAD&PROFIT a. 12%on Materials(2) $ 49.20 b. 12%On Labor and Equipment(1,3) $ 609.60 5.OVERHEAD&PROFIT $ 659.00 5. SUB-SUBCONTRACTORS a. b. C. d. 6.SUB-SUBCONTRACTORS $ 6. OVERHEAD&PROFIT ON SUB-SUBCONTRACTORS a. NTE 12%for each sub $ 7.OVERHEAD&PROFIT ON SUB-SUBCONTRACTORS $ - 7. Bond a. Bond %of 1-6 $ 8.Bond $ - 8. B&O Tax a. B&O Tax 0.00 %of 1-7 $ 9.B&O Tax $ - TOTAL COST $ 6,149.00 Extra Days rnP 001-Rahah Drain Lines.xls Page Of ____ Issued 10/4/2019 O 0 O O O O O 0 O O O O O O 00 V. c00 O 0A 00 N O 000 Q) a C N into 00 c0 00 N ;: r a C —p Ur tB v � o O v r � Ef3 d9 w w 6).161311 U)I fA 1 691 w I EA I Efl I to to to I Efl 69 W 60-169.1 EA I to I EA 69. ffl fA W 1 164 W EA !R _ CL O O M Z „ 00 C) O V d N Om coo t- o V- .. U v E ER w fH to 64 GPI 69 to Eta d9 f» fR fA eH V3 to to 69 to to ff3 Efl EA ER 4R to EA 69 E» FA eR c Q 0 0 0 0 o (jj o 0 09 U 0 o o 0 69 v3 Cfl 0 0 0 c ' o o_ ci � N 00 r N N O U m Ca Efl Et? w w (fl w o a 6o b9 to w CA 69161316916%169 V) C» H3 6F)- t» Efl w to C» 69 CH ffl w O 0 0 O O 00 o Un o Cs> o d 0 r` o Cfl W w NEO � D 3 00 o C; 0 0 0 M M N LQ Ob O M M L p o YK.11 � EA Ei9 to fA H9 FA ER H3 fR EA ffl Efl Efl 63 ffl ER fR ifl Ef3 Eft 6f3 fA 69 fA fR 601W140,161) ER H? W f0 }+ J O O O Om64 to Ln 0 ' a C co69 a Av � 1� O N r 'C a IY P C C o 0 0 N N 0 "0 'o N o 0 uj O O It C tD 7 0 N m o ° y m o _ o > m rn y a o m E m n a o o. m a p 0 0 0 a w E E a m a _ o iv N Fo- 0 L' X IQ 'N^�- � U N V/ (n L r O n tm ro O o U o U O C a in � RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROTINg FORM A f r 1 � r r R D ORIGINATING DEPT./DIV: �� Eoril ORIGINATING STAFF PERSON: EXT: 3. DATE REQ.BY TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL OTHER NAME OF CONTRACTOR: ' ADDRESS M I CCN6 l I FAX: �.r-. E-MAIL: _ _. SIGNATURE NAME: e TITLE EXHI'BI"l,SAND A`I TACS IMl.NT :Z SCOP'V ,WORK OR SFRVICES 2'COMPI_NSATM'ON M INSUR,ANC CIL-,QtJiltEMLN'I'S/CERTIFIS"C'I'E L1 ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/„AMENDMENTS TERM: COMMENCEMENT DATE: J COMPLETIO`DATE: TOTAL COMPENSATION$ � ww�l fill. -to (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) 0 YES 21�0 IF YES, UM IS SALES TAX OW ED EXPENSE:.2-YES ❑NNO IF YES,$$ IM ,,,DOLLARAMOUNT:�$ m PAID BY.I ('ONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ElRETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE f PURCHASING: PLEASE CHARGE TO: 0. I� PROJECT MANAGER � ��. INITIAL/DATE APPROVED DOCUMENT/CONTRACT REVIEW INITIAL/DAIS REVIEWED '1~I� a '111� .�._ �.. ...m . ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW ")aq Z01m-. I 14,19D �..... 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED CONMTTEE DATE COMMITTEE APPROVAL DATE:�.. SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: m„ DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED 0 LAW'DEPARTMENT I ' I GNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AGO Vn- �. ..... ❑ SIGNED COPY RETURNED DATE SENT ,OMMENTS: ----- I/MIR 10r,AI-A a n Al " 2017 Standard Abbreviated Form of Agreement Between Owner and Contractor AGREEMENT made as of the 171h day of July in the year 2019 (In words, indicate day, month and year.) BETWEEN the Owner: ADDITIONS AND DELETIONS: The author of this document has (Name, legal status, address and other information) added information needed for its The City of Federal Way completion.The author may also 33325 8'�Ave.S have revised the text of the original AIA standard form.An Additions and Federal Way,WA 98003 Deletions Report that notes added information as well as revisions to the standard form text is available from and the Contractor: the author and should be reviewed.A (Name, legal status, uddress and other information) vertical line in the left margin of this document indicates where the author FieldTurf USA,Inc. has added necessary information 7445 Cote-de-Liesse,Suite 200 and where the author has added to or Montreal,Quebec H4T 1 G2 deleted from the original AIA text. This document has important legal consequences.Consultation with an for the following Project: atiomey is encouraged with respect (Name, location and detailed description) to its completion or modification. Saghalie Park Soccer Field Turf Replacement 33914 19'"Ave SW Federal Way,WA 98023 The Architect: (Name, legal status, address and other information) NONE—All references to the Architect are hereby deleted and replaced with "Owner" l where applicable. The Owner and Contractor agree as follows. AIA DocumentA104T —2017(formerly A107TM—2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by U.B.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result In severe civil and criminal penalties,and will be i prosecuted to the maximum extent possible under the law.This documentwas produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03128/2020,and is not for resale. User Notes: (1769040201) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE AND BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 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 shall execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §2.1 The date of commencement of the Work shall be: (Check one of the following boxes) [ ] The date of this Agreement. AIA Document A104T —2017(formerly A107T —2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1967,1997,2007 and 2017 by The Inst American Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and International Trestles. 2 Unauthorized reproduction or distribution of this AIAm Document,or any portion of h,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires an 0312812020,and is not for resale. User Notes: (1769040201) [ ] A date set forth in a notice to proceed issued by the Owner. [ X ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) On or about September 2,2019 If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this Agreement. §2.2 The Contract Time shall be measured from the date of commencement. §2.3 Substantial Completion §2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shall achieve Substantial Completion of the entire Work: (Check the appropriate box and complete the necessary information) [ ] Not later than ( )calendar days from the date of commencement of the Work. [ X ] By the following date: On or about October 18,2019 §2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date N/A N/A §2.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 2.3,liquidated damages,if any,shall be assessed as set forth in Section 3.5. ARTICLE 3 CONTRACT SUM §3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be one of the following: (Check the appropriate box) [ 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 [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price,in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below) §3.2 The Stipulated Sum shall be SIX HUNDRED FORTY-SEVEN THOUSAND TWO HUNDRED SEVENTY-FOUR DOLLARS AND 85/100 ($ 647,274.85 ),subject to additions and deductions as provided in the Contract Documents and excluding 10.1%WSST estimated at SIXTY-FIVE THOUSAND THREE HUNDRED SEVENTY-FOUR DOLLARS AND 76/100($65,374.76). §3.2.1 The Stipulated 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 of accepted alternates.If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A104T —2017(formerly A107TM—2007).Copyright m 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA6 Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale User Notes: (1769040201) §3.2.2 Unit prices,if any: (Identify the item and state the unit price and the quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit($0.00) N/A N/A N/A §3.2.3 Allowances,if any,included in the stipulated sum: (Idents each allowance) (Paragraphs deleted) Item Price N/A N/A 1 §3.3 SECTIONS 3.3 THROUGH 3.4.3,7 ARE DELETED (Paragraphs deleted) §3.5 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any.) This Contract is not subject to liquidated damages. ARTICLE 4 PAYMENT §4.1 Progress Payments §4.1.1 Based upon Applications for Payment submitted to the Owner by the Contractor,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: N/A §4.1.3 The Owner shall make payment of the certified amount to the Contractor not later than thirty(30)days of the date of the Application for Payment. . (Federal,state or local latus may require payment within a certain period of time) §4.1.4 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold retainage from the payment otherwise due as follows: (Insert a percentage or amount to be withheld as retainage from each Application for Payment and any terms for reduction of retainage during the course of the Work. The amount of retainage may be limited by governing late.) Five percent(5%). In lieu of retainage,the Contractor shall have the right to provide a retainage bond,in which case the Owner shall not withhold any retainage. §4.1.5 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 rate of interest agreed upon, if any.) Any and all late payment(s)bears interest at a rate often percent(10%)per year or at the legal rate to the extent required by applicable law or statute. §4.2 Final Payment §4.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2,and to satisfy other requirements,if any,which extend beyond final payment; AIA DocumentA104' —2017(formerly A707T —2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA"Document Is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03128/2020,and is not for resale. User Notes: (1769040201) 2 upon substantial completion of the Work,which shall be achieved when Customer is able to use the field/surface for its intended purpose,even if punchlist items remain and the Certificate of Completion has not been executed by Customer. §4.2.21f this project is located in a state in which release of final payment and/or retainage is governed by statute or other applicable law,Customer shall use its best efforts to undertake all appropriate measures,including without limitation the recording of a notice of completion,so that final payment hereunder,including retainage,if any,shall be released to Supplier without delay.In all cases,Supplier shall be entitled to receive final payment,including retainage, if any,no later than the earliest eligible date according to applicable statute or law.If the lawful payment or release is delayed through no fault of Supplier,Owner shall pay Supplier interest thereon at the rate indicated below,as of the date when payment or release first became due by law. §4.2.3 The Owner's final payment to the Contractor shall be made no later than thirty(30)days after the issuance of the Contractor's final Application for Payment,or as follows: N/A ARTICLE 5 DISPUTE RESOLUTION §5.1 Binding Dispute Resolution For any claim subject to,but not resolved by,mediation pursuant to Section 21.5,the method of binding dispute resolution shall be as follows: (Check the appropriate box) [ ] Arbitration pursuant to Section 21.6 of this Agreement [ X ] Litigation in a court of competent jurisdiction in the County of King,State of Washington [ ] Other(Sped) N/A If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,claims will be resolved in a court of competent jurisdiction. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS §6.1 The Contract Documents are defined in Article 7 and,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. §6.1.1 The Agreement is this executed AIA Document A104T"L2017,Standard Abbreviated Form of Agreement Between Owner and Contractor. §6.1.2 AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement) N/A §6.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Exhibit A Contractor's Pricing 06/20/2019 3 Proposal—Option 4 §6.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) AIA Document A104TM-2017(formerly A1077A1—2007).Copyrightm 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) Exhibit A,Contractor's Pricing Proposal Section Title Date Pages N/A N/A N/A N/A §6.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) N/A Number Title Date N/A N/A N/A §6.1.6 The Addenda,if any: Number Date Pages N/A N/A N/A Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are enumerated in this Article 6. §6.1.7 Additional documents,if any,forming part of the Contract Documents: (Paragraphs deleted) (Table deleted) 1 (Paragraphs deleted) N/A ARTICLE 7 GENERAL PROVISIONS §7.1 The Contract Documents The Contract Documents are enumerated in Article 6 and consist of this Agreement(including,if applicable, Supplementary and other Conditions of the Contract),Drawings,Specifications,Addenda issued prior to the execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order, (3)a Construction Change Directive,or(4)a written order for a minor change in the Work issued by the Architect.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 binding as if required by all;performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §7.2 The Contract The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. §7.3 The Work 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. §7.4 Instruments of Service Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective AIA Document A104Tm—2017(formerly A107T"—2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The [nit. American Institute of Architects.All rights reserved.WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIAL Document,or any portion of It,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models, sketches,drawings,specifications,and other similar materials. §7.5 Ownership and use of Drawings,Specifications and Other Instruments of Service §7.5.1 Ownership and use of the drawings prepared by the Contractor belongs solely to the Contractor.Upon completion a full set of"As Built Drawings"will be issued by the Contractor to the Owner in both paper and electronic form.Drawings will be provided in AutoCAD compatible.dwg files. (Paragraph deleted) §7.6 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,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 of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document G202T"L2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. §7.8 Severability The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions.If it is determined that any provision of the Contract Documents violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Contract Documents shall be construed,to the fullest extent permitted by law,to give effect to the parties'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 parry to notify or give notice to the other party,such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier, or by electronic transmission in accordance with AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering Notice in electronic format such as name, title and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission) §7.9.2 Notice of Claims shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail,or by courier providing proof of delivery. §7.10 Relationship of the Parties Where the Contract is based on the Cost of the Work plus the Contractor's Fee,with or without a Guaranteed Maximum Price,the Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner;to furnish efficient business administration and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Owner agrees to fumish and approve,in a timely manner,information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. AIA Document A104TM—2017(formerly A107--2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Lew and International Treaties. 7 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) ARTICLE 8 OWNER §8.1 Information and Services Required of the Owner §8.1.1 Prior to commencement of the Work,at the written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.If commencement of the Work is delayed under this Section 8.1.1,the Contract Time shall be extended appropriately. §8.1.2 The Owner shall furnish all necessary surveys and a legal description of the site. §8.1.3 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §8.1.4 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1,the Owner shall secure and pay for other necessary approvals, easements,assessments,and charges required for the construction,use,or occupancy of permanent structures or for permanent changes in existing facilities. §8.2 Owner's Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents,or repeatedly fails to cant'out the Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order is 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. §8.3 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents,and fails within a ten-day period after receipt of notice fiom the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to any other remedies the Owner may have, 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 a Certificate for Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies,including the Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect,or failure.If the Contractor disagrees with the actions of the Owner or the Architect,or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to Article 21. ARTICLE 9 CONTRACTOR §9.1 Review of Contract Documents and Field Conditions by Contractor §9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §9.1.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 8.1.2,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies,or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. §9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. AIA Document A104T*—2017(formerly A107--2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIAI Document is protected by U.S.Copyright Law and International Treaties. $ Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes; (1769040201) §9.2 Supervision and Construction Procedures §9.2.1 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 the Contract Documents give other specific instructions concerning these matters. §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 portions of the Work for or on behalf of the Contractor or any of its Subcontractors. §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 other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. §9.3.3 The Contractor may make a substitution only with the consent of the Owner,after evaluation by the Architect and in accordance with a Modification. §9.3.4 If this Agreement is not signed by the Owner within ninety(90)days of issuance,or if the execution of Work is delayed for a period of ninety(90)days of more through no fault of Contractor,the Contract Price is subject to increase equal to any increase in the price of raw materials,•freight,or other direct expenses in the manufacture or installation of the artificial grass surface and/or other sports surface in excess of five percent(5%)at the time that this Agreement is signed. §9.3.5 Staging Area-Minimum staging area required is square footage of field x 0. 12 and no more than 100 feet from the field.Minimum access shall be 15 feet wide by 15 feet high.A 25 foot wide by 25 foot long hard or paved surface area located within 50 feet of the playing surface shall be provided for purposes of proper mixing of in-fill materials. Access to any field will include suitable bridging by the Owner over the field curbs from staging area to permit suitable access to the field by low clearance vehicles.The staging area must be suitable for passage by motor vehicles and Contractor shall not be responsible any damages resulting therefrom,except to the extent that Contractor was negligent. §9.4 Warranty The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects,except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation or normal wear and tear under normal usage.All other warranties required by the Contract Documents shall be issued in the name of the Owner,or shall be transferable to the Owner,and shall commence in accordance with Section 15.6.3. §9.5 Taxes The Contract Sum does not include taxes.The Owner will provide Contractor with the appropriate Tax Exemption Certificate no later than the date of execution of this Contract.No work will commence,nor shall any order be placed until such time as the Tax Exemption Certificate has been received.If Owner is not a tax exempt institution,then any and all applicable taxes will be invoiced to Owner in the form of a Change Order to the Contract Sum. AIA Document A104TM—2017(formerly A107TM—2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init, American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be 1 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) §9.6 Permits,Fees,Notices,and Compliance with Laws §9.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as other permits,fees,licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. §9.6.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work.If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §9.7 Allowances The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.The Owner shall select materials and equipment under allowances with reasonable promptness.Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts.Contractor's costs for unloading and handling at the site,labor,installation,overhead,profit,and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowance. §9.8 Contractor's Construction Schedules §9.8.1 The Contractor,promptly after being awarded the Contract,shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. §9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. §9.9 Submittals §9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings,Product Data,Samples,and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review.By submitting Shop Drawings,Product Data,Samples,and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them;(2)determined and verified materials,field measurements,and field construction criteria related thereto,or will do so;and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.The Work shall be in accordance with approved submittals.The Work shall be in accordance with approved submittals. Contractor requires a minimum of 21 days after receiving final approvals on shop drawings to manufacture,coordinate delivery and schedule arrival of installation crew.The Contractor further requires a minimum of 30 days to install the product subject to weather and force majeure §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 of architecture or engineering unless such services are specifically required by the Contract Documents or unless the Contractor needs to provide such services in order to carry out the Contractor's own responsibilities.If professional design services or certifications by a design professional are specifically required,the Owner and the Architect will specify the performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional.If no criteria are specified,the design shall comply with applicable codes and ordinances.Each Party shall be entitled to rely upon the information provided by the other Party.The Architect will review and approve or take other appropriate action on submittals for the limited purpose of checking for conformance with information provided and the design concept expressed in the Contract Documents.The Architect's review of Shop Drawings,Product Data,Samples,and similar submittals shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.In performing such review,the Architect will approve,or take other appropriate action upon,the Contractor's Shop Drawings,Product Data,Samples,and similar submittals. AIA Document A11104"-201117(formerly A107TM—2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) §9.10 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances,codes, rules and regulations,lawful orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §9.11 Cutting and Patching The Contractor shall be responsible for cutting,fitting,or patching required to complete the Work or to make its parts fit together properly. §9.12 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials, rubbish,the Contractor's tools,construction equipment,machinery,and surplus material from and about the Project. §9.13 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. §9,14 Royalties,Patents and Copyrights The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for defense or loss when a particular design,process,or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect.However,if an infringement of a copyright or patent is discovered by,or made known to,the Contractor,the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. §9.15 Indemnification §9.15.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Architect, Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to reasonable attorneys'fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the 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 indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. §9.15.2 In claims against any person or entity indemnified under this Section 9.15 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 indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT §10.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction,until the date the Architect issues the final Certificate for Payment.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. §10.2 Duties,responsibilities,and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified,or extended without written consent of the Owner,Contractor,and Architect.Consent shall not be unreasonably withheld. §10.3 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general,if the Work AIA Document A`10411—2017(formerly A10711-2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be f prosecuted to the maximum extent i;o,FoL•le under the law.T+iis document was produced by AIA software at 19:09:27 ET on 07/1712019 under Order No.861&E,�•3521 which expires on 0128!2020,and is not for resale. User Notes: (1769040201) observed is being performed in a manner indicating that the Work,when fully 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 the quality or quantity of the Work.The Architect will not have control over,charge of,or responsibility for the 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 rights and responsibilities under the Contract Documents. §10.4 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor, and(3)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §10.5 Based on the Architect's evaluations of the Work and 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. §10.6 The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. §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 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect will make initial decisions on all claims,disputes,and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. §10.9 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. ARTICLE 11 SUBCONTRACTORS §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,the Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the Subcontractors or suppliers proposed for each of the principal portions of the Work.The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §11.3 Contracts between the Contractor and Subcontractors shall(1)require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work,which the Contractor,by the Contract Documents,assumes toward the Owner and Architect,and(2)allow the Subcontractor the benefit of all rights,remedies and redress against the Contractor that the Contractor,by these Contract Documents,has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §12.1 The term"Separate Contractor(s)"shall mean other contractors retained by the Owner under separate agreements.The Owner reserves the right to perform construction or operations related to the Project with the Init. AIA DocumentA104--2017(formerly A107--2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Amenean Institute of Archrt=ts.All rights reserved.WAIRNING�Thrs AIA'- Document is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduclron or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be f prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and Is not for resale. User Notes: (1769040201) Owner's own forces,and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract,including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. §12.2 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. §12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a Separate Contractor because of delays,improperly timed activities,or defective construction of the Contractor.The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed activities,damage to the Work,or defective construction of a Separate Contractor. 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 the Work within the general scope of the Contract consisting of additions,deletions,or other revisions,with 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.Upon issuance of the Change Order or Construction Change Directive,the Contractor shall proceed promptly with such changes in the Work,unless otherwise provided in the Change Order or Construction Change Directive. §13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or,in the case of a Construction Change Directive signed only by the Owner and Architect,by the Contractor's cost of labor,material,equipment,and reasonable overhead and profit,unless the parties agree on another method for determining the cost or credit.Pending final determination of the total cost of a Construction Change Directive,the Contractor may request payment for Work completed pursuant to the Construction Change Directive.The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment.When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive,the Architect will prepare a Change Order. §13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly.If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time,the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. §13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor;provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. ARTICLE 14 TIME §14.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing this Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. §14.2 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §14.3 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.6.3. AIA Document A104T —20117(formerly A107TM—2007).Copyright®1936,1951,1956,1961,1963,1966,1970,1974,197B,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 13 Unauthorized reproduction or distribution of this AIAm Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/202D,and is not for resale. User Notes: (1769040201) §14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by(1)changes ordered in the Work;(2)by labor disputes,fire,unusual delay in deliveries,abnormal adverse weather conditions not reasonably anticipatable,unavoidable casualties,or any causes beyond the Contractor's control;or(3)by other causes that the Contractor asserts,and the Architect determines,justify delay,then the Contract Time shall be extended for such reasonable time as the Architect may determine,subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION §15.1 Schedule of Values §15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price pursuant to Section 3.2 or 3.4,the Contractor shall submit a schedule of values to the Architect before the first Application for Payment,allocating the entire Stipulated Sum or Guaranteed Maximum Price to the various portions of the Work.This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. §15.1.2 The allocation of the Stipulated Sum or Guaranteed Maximum Price under this Section 15.1 shall not constitute a separate stipulated sum or guaranteed maximum price for each individual line item in the schedule of values. §15.2 DELETED (Paragraphs deleted) §15.3 Applications for Payment §15.3.1 At least five(5)days before the end of each month,the Contractor shall submit to the Owner an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 15.1,for completed portions of the Work.The application shal l be notarized,if required;be supported by all data substantiating the Contractor's right to payment that the Owner may reasonably require;shall reflect retainage if provided for in the Contract Documents;and include any revised cost control information required by Section 15.2.4.Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom the Contractor intends to pay. §15.3.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work,or the Cost of the Work with a Guaranteed Maximum Price,the Contractor shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment,less that portion of the progress payments attributable to the Contractor's Fee. §15.3.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment stored,and protected from damage,off the 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 no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims,security interests or other encumbrances adverse to the Owner's interests. §15.4 Certificates for Payment §15.4.1 DELETED §15.4.2 The issuance of an Application for Payment will constitute a representation by the Contractor to the Owner, that,to the best of the Contractor's knowledge,information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Owner.The issuance of an Application for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. AIA Document A104TM—2017(formerly A107T —2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIAE Document is protected by U.S.Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this AIA' Document,or any portion of is may result in severe civil and criminal penalties,and will be f prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No,8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) §15.4.3 The Owner may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner..The Owner may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Owner's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 9.2.2,because of ,1 defective Work not remedied; .2 third-party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or .7 repeated failure to carry out the Work in accordance with the Contract Documents. §15.4.4 When the Contractor disputes the Owner's decision regarding a Certificate for Payment under Section 15.4.3, in whole or in part,the Contractor may submit a Claim in accordance with Article 21. §15.5 Progress Payments §15.5.1 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment from the Owner,the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to sub-subcontractors in a similar manner. §15.5.2 The Owner shall not have any obligation to pay or see to the payment of money to a Subcontractor or supplier except as may otherwise be required by law. §15,5.3 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. §15.5.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents,the Contractor shall defend and indemnify the Owner from all loss,liability,damage or expense,including reasonable attorney's fees and litigation expenses,arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier.Upon receipt of notice of a lien claim or other claim for payment,the Owner shall notify the Contractor.If approved by the applicable court,when required,the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. §15.6 Substantial Completion §15.6.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §15.6.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §15.6.3 Upon receipt of the Contractor's list,the Owner will make an inspection to determine whether the Work or designated portion thereof is substantially complete.When the Ownerdetermines that the Work or designated portion thereof is substantially complete,the Owner will execute Contractor's Certificate of Substantial Completion in the form currently in force which shall establish the date of Substantial Completion;establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance;and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA DocumentA104T —2017(formerly A107--2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1967,1997,2007 and 2017 by The [nit. American Institute of Architects.All rights reserved.WARNING:This AIA6 Document is protected by U.S.Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this AIA6 Document,or any portion of it,may result in severe civil and criminal penalties,and will be r prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) §15.6.4 The Contractor's Certificate of Substantial Completion in the form currently in force,shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate.Upon such acceptance and consent of surety,if any,the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §15.7 Final Completion and Final Payment §15.7.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Ownerwill promptly make such inspection and,when the Owner finds the Work acceptable under the Contract Documents and the Contract fully performed,the Owner will promptly issue a final Certificate for Payment stating that to the best of the Owner's knowledge,information and belief,and on the basis of the Owner's on-site visits and inspections,the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Owner's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.7.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §15.7.2 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,materials 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 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 costs and reasonable attorneys'fees. §15.7.3 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 arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents;or .4 audits performed by the Owner,if permitted by the Contract Documents,after final payment. §15.7.4 Acceptance of final payment by the Contractor,a Subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of the final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY §16.1 Safety Precautions and Programs The Contractor shall be responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with the performance of the Contract.The Contractor 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 incorporated therein,whether in storage on or off the site, under care,custody,or control of the Contractor,a Subcontractor,or a Sub-subcontractor;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures and utilities not designated for removal,relocation,or replacement in the course of construction. The Contractor shall comply with,and give notices required by,applicable laws,statutes,ordinances,codes,rules and 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 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 Sections 16.1.2 and 16.1.3.The Contractor may make a claim for the cost to remedy the damage or loss to the extent such damage or loss is 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 obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. §16.2 Hazardous Materials and Substances §16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances.If the Contractor encounters a hazardous material or substance not addressed in the Init. AIA DocumentA104T"-2017(formerly A107TM—20071.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING This AIA Doc.mFnl.Is-r^te-_:rd by U.S.Copyright Law and International Treaties. 16 Unauthorizod reproduction or distrtbution of this AIA• Documont,or any poc:.r- A it .� ,n„silt in severe civil and criminal penalties,and will be 1 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale User Notes: (1769040201) Contract Documents,and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl (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 of the condition.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown,delay,and start-up. §16.2.2 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants,and agents and employees of any of them from and against claims, damages,losses,and expenses,including but not limited to attorneys'fees,arising out of or resulting from performance of the Work in the affected area,if in fact,the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless,provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),except to the extent that such damage,loss,or expense is due to the fault or negligence of the party seeking indemnity. §16.2.3 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS §17.1 Contractor's Insurance §17.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in this Section 17.1 or elsewhere in the Contract Documents.The Contractor shall purchase and maintain the insurance required by this Agreement from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 18.4,unless a different duration is stated below: N/A §17.1.2 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than ONE MILLION DOLLARS ($ 1,000,000 )each occurrence,TWO MILLION DOLLARS ($ 2,000,000 ) general aggregate,and TWO MILLION DOLLARS ($2,000,000 )aggregate for products-completed operations hazard,providing coverage for claims including .1 damages because of bodily injury,sickness or disease,including occupational sickness or disease,and death of any person; .2 personal and advertising injury; .3 damages because of physical damage to or destruction of tangible property,including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations;and .5 the Contractor's indemnity obligations under Section 9.15. §17.1.3 Automobile Liability covering vehicles owned by the Contractor and non-owned vehicles used by the Contractor,with policy limits of not less than TWO MILLION DOLLARS ($ 2,000,000 )per accident,for bodily injury,death of any person,and property damage arising out of the ownership,maintenance,and use of those motor vehicles along with any other statutorily required automobile coverage. §17.1.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 17.1.2 and 17.1.3,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. §17.1.5 Workers'Compensation at statutory limits. AIA Document A104T"—2077(formerly A107TM—2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIAO Document,or any portion of it,may result in severe civil and criminal penalties,and will be 1 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03128/2020,and is not for resale. User Notes: (1769040201) §17.1.6 Employers'Liability with policy limits not less than ONE MILLION DOLLARS ($ 1,000,000 )each accident, ONE MILLION DOLLARS ($ 1,000,000 )each employee,and ONE MILLION DOLLARS ($ 1,000,000 )policy limit. §17.1.7 DELETED (Paragraph deleted) §17.1.8.DELETED §17.1.9 DELETED §17.1.10 The Contractor shall provide certificates of insurance in the Contractor's insurer's current form evidencing compliance with the requirements in this Section 17.1 at the following times:(1)prior to commencement of the Work; (2)upon renewal or replacement of each required policy of insurance;and(3)upon the Owner's written request.An additional certificate evidencing continuation of liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the period required by Section 17.1.1.The certificates will show the Owner as an additional insured on the Contractor'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 any insurance required to be provided by the Contractor. §17.1.12 To the fullest extent permitted by law,the Contractor shall cause the commercial liability coverage required by this Section 17.1 to include(1)the Owner,the Architect,and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions for which loss occurs during completed operations.The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations.To the extent commercially available,the additional insured coverage shall be no less than that provided by Insurance Services Office,Inc.(ISO)forms CG 20 10.07 04,CG 20 37 07 04,and,with respect to the Architect and the Architect's Consultants,CG 20 32 07 04. §17.1.13 Notwithstanding anything to the contrary in this Contract or in the Contract Documents,Contractor shall in no case be responsible for providing any Builder's Risk coverage for this Project. §17.1.14 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits) Coverage Limits Excess Liability TWENTY MILLION DOLLARS($20,000,000),each occurrence;and TWENTY MILLION DOLLARS ($20,000,000)in the aggregate §17.2 Owner's Insurance §17.2.1 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. §17.2.2 Property Insurance §17.2.2.1 The Owner shall purchase and maintain,from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located,property insurance written on a builder's risk"all-risks"completed value or equivalent policy form and sufficient to cover the total value ofthe entire Project on a replacement cost basis.The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum,plus the value of subsequent Modifications and labor performed or materials or equipment supplied by others.The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section 17.2.2.2,unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this AIA DocumentA104--2017(formerly A107--2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 18 Unauthorized reproduction or distribution of this AIAL Document,or any portion of It,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/2812020,and is not for resale. User Notes: (1769040201) Agreement.This insurance shall include the interests of the Owner,Contractor,Subcontractors,and Sub-subcontractors in the Project as insureds.This insurance shall include the interests of mortgagees as loss payees. §17.2.2.2 Unless the parties agree otherwise,upon Substantial Completion,the Owner shall continue the insurance required by Section 17.2.2.1 or,if necessary,replace the insurance policy required under Section 17.2.2.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 18.4. §17.2.2.3 If the insurance required by this Section 17.2.2 is subject to deductibles or self-insured retentions,the Owner shall be responsible for all loss not covered because of such deductibles or retentions. §17.2.2.4 If the Work involves remodeling an existing structure or constructing an addition to an existing structure,the Owner shall purchase and maintain,until the expiration of the period for correction of Work as set forth in Section 18.4, "all-risks"property insurance,on a replacement cost basis,protecting the existing structure against direct physical loss or damage,notwithstanding the undertaking of the Work.The Owner shall be responsible for all co-insurance penalties. §17.2.2.5 Prior to commencement of the Work,the Owner shall secure the insurance,and provide evidence of the coverage,required under this Section 17.2.2 and,upon the Contractor's request,provide a copy of the property insurance policy or policies required by this Section 17.2.2.The copy of the policy or policies provided shall contain all applicable conditions,definitions,exclusions,and endorsements. §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 this Section 17.2.2,the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration.Unless the lapse in coverage arises from an act or omission of the Contractor:(1)the Contractor,upon receipt of notice from the Owner,shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2)the Contract Time and Contract Sum shall be equitably adjusted;and(3)the Owner waives all rights against the Contractor,Subcontractors,and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled.If the Contractor purchases replacement coverage,the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. §17.2.2.7 Waiver of Subrogation §17.2.2.7.1 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors, sub-subcontractors,agents,and employees,each of the other;(2)the Architect and Architect's consultants;and(3) Separate Contractors,if any,and any of their subcontractors,sub-subcontractors,agents,and employees,for damages caused by fire,or other causes of loss,to the extent those losses are covered by property insurance required by this Agreement or other property insurance applicable to the Project,except such rights as they have to proceeds of such insurance.The Owner or Contractor,as appropriate,shall require similar written waivers in favor of the individuals and entities identified above from the Architect,Architect's consultants,Separate Contractors,subcontractors,and sub-subcontractors.The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this Section 17.2.2.7 shall not prohibit this waiver of subrogation.This waiver of subrogation shall be effective as to a person or entity(1)even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,(2)even though that person or entity did not pay the insurance premium directly or indirectly,or(3)whether or not the person or entity had an insurable interest in the damaged property. §17.2.2.7.2 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,to the extent permissible by such policies,the Owner waives all rights in accordance with the terms of Section 17.2.2.7.1 for damages caused by fire or other causes of loss covered by this separate property insurance. §17.2.2.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause.The Owner shall pay the Architect and Contractor their just shares of insurance proceeds AIA Document A104TM—2017(formerly A107T1—2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 19 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) received by the Owner,and by appropriate agreements,written where legally required for validity,the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. §17.2.3 Other Insurance Provided by the Owner (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits Not applicable §17.3 Performance Bond and Payment Bond §17.3.1 The Contractor shall provide bonds covering faithful performance of the Contract and payment of obligations arising thereunder only to the extent that these are included in Contractor's Pricing Proposal.In such cases,bonds will be issued for one hundred percent(100°/x)of the Contract Sum. §17.3.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 18 CORRECTION OF WORK §18.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed,or completed.Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,unless compensable under the Contract Documents. §18.2 In addition to the Contractor's obligations under Section 9.4,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.6.3,or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. §18.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it in accordance with Section 8.3. §18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. §18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS §19.1 Assignment of Contract Neither party to the Contract shall assign the Contract without written consent of the other,except that the Owner may, without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate such assignment. §19.2 Governing Law The Contract shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 21.6. Init. AIA DocumentA104--2017(formerly A1077m-2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 20 Unauthorized reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be 1 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires an 03/28/2020,and is not for resale. User Notes: (1769040201) §19.3 Tests and Inspections Tests,inspections,and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities shall be made at an appropriate time.Unless otherwise provided,the Contractor shall cooperate with Owner to make arrangements for such tests, inspections,and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,however Contractor shall not be responsible for any related costs of tests,inspections, and approvals unless specifically included in Contractor's Pricing Proposal.The Contractor shall give the Architect timely notice of when and where tests and inspections are 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 are received or negotiations concluded.The Owner shall directly arrange and pay for tests,inspections,or approvals where building codes or applicable laws or regulations so require. §19.4 The Owner's representative: (Name, address, email address and other information) Stephen Ikerd,Parks Deputy Director City of Federal Way 33325 81h Ave.S Federal Way,WA 98003 (253)835-6911 steve.ikerd@cityoffederalway.com §19.5 The Contractor's representative: (Name, address, email address and other information) Marie-Christine Raymond Director of Operations 7445 Cote-de-Liesse,Suite 200 Montreal,Quebec 114T 1 G2 (514)375-2611 mraymond@fieldturf.com §19.6 Neither the Owner's nor the Contractor's representative shall be changed without ten days'prior notice to the other party. ARTICLE 20 TERMINATION OF THE CONTRACT §20.1 Termination by the Contractor If the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days,the Contractor may,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 by reason of such termination, and damages. §20.2 Termination by the Owner for Cause §20.2.1 The Owner may terminate the Contract if the 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 Subcontractors; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §20.2.2 When any of the reasons described in Section 20.2.1 exists,the Owner,may,without prejudice to any other remedy the Owner may have and after giving the Contractor seven days'notice,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 reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. AIA Document A104T"—2017(formerly A107TM—2007).Copyright(l)1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All righty reserved.WARNING:This AIAO Document Is protected by U.S.Copyright Law and Intematlonal Treaties. 21 Unauthorized reproduction or distribution of this AIA` Document,or any portion of It.may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.Thls document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Nates: (1769040201) §20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §20.2.4 DELETED §20.3 Termination by the Owner for Convenience The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause.The Owner shall pay the Contractor for Work executed;and costs incurred by reason of such termination,including costs attributable to termination of Subcontracts;and a termination fee,if any,as follows: (Insert the amount of or method for determining the fee payable to the Contractor by the Owner following a termination for the Owner's convenience, if any.) N/A ARTICLE 21 CLAIMS AND DISPUTES §21.1 Claims,disputes,and other matters in question arising out of or relating to this Contract,shall be referred initially to the Architect for decision.Such matters,except those waived as provided for in Section 21.11 and Sections 15.7.3 and 15.7.4,shall,after initial decision by the Architect or 30 days after submission of the matter to the Architect,be subject to mediation as a condition precedent to binding dispute resolution.The mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be filed in writing with the other party to this Contract and with the American Arbitration Association.The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon,Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.No interpretation of this Contract shall be allowed to find that the parties have agreed to waive access to legal or equitable proceedings by engaging in the mediation process. §21.2 Notice of Claims §21.2.1 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 18.2,shall be initiated by notice to the the other Party within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. §21.2.2 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 18.2,shall be initiated by notice to the other party. §21.3 Time Limits on Claims The Owner and Contractor shall commence all claims and causes of action against the other and arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in this Agreement whether in contract,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 of the Work.The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 21.3. §21.4 If a claim,dispute or other matter in question relates to or is the subject of a mechanic's lien,the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. §21.5 through§21.9 DELETED (Paragraphs deleted) §21.10 Continuing Contract Performance Pending final resolution of a Claim,except as otherwise agreed in writing,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. AIA DocumentA104--2017(formerly A107--2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this AIA` Document,or any portion of it,may result in severe civil and criminal penalties,and will be f prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) §21.11 Waiver of Claims for Consequential Damages The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 20.Nothing contained in this Section 21.11 shall be deemed to preclude an award of liquidated damages,when applicable,in accordance with the requireoz s of the Contract Documents. This A nlent entered into as of the day and year first written above. VQ//�ER(Sig rtwe) VreflTRACR(Signature)1 / .s <hf (PI-il I s1 name:jrd title) (P)-inted name and title) n f/ AIA DocumentA104Tm-2017(formerly A107w-2007).Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIAa Document is protected by U.S.Copyright Law and International Treaties. 23 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result in severe civil and criminal penalties,and will be i prosecuted to the maxknum extent possible under the law.This document was produced by AIA software at 19:09:27 ET on 07/17/2019 under Order No.8816563521 which expires on 03/28/2020,and is not for resale. User Notes: (1769040201) F'el f f urf THEUL SURFACE EEXP EXPERIENCE A Urkett Sports CampM Date: 06/20/2019 To: Stephen Ikerd City of Federal Way 33325 8th Ave. S, Federal Way,Washington,98003 Phone: (253) 835-6911 Email: sieve.ikerd@citvoffederalway.com From: Donny Jones, Regional Vice President Phone: (206) 817-2048 Email: donnv@ftnw.com Subject: Saghalie Park Soccer Field Turf Replacement—Option 4 FieldTurf USA, Inc. is please to present the following proposal. Prices are based on the Keystone Purchasing Network(KPN). KPN is a buying co-op that provides predetermined preferential pricing by approved vendors. This pricing is typically more aggressive than an owner would find in the open bid market. As the product has already been bid at the national level, individual municipalities do not need to duplicate the formal bid process. Per IFB #201801-01. Click on the following KPN hyperlink for contract due diligence documentation: KPN Contract#201801-01. *The FieldTurf CORE product carries an Industry Leader 10 Year,Pre-Paid,3rd party insured warranty. If the below option including 25mm Elastic Layer is selected FieldTurf can guaranteed a GMAX of 125-175 for the Warranty Life of the product. No. Description-Saghalie Park Soccer-Option 4 Quantity Units Unit Price Total Sitework_ 1 Remove& Responsibly Dispose of Existing Field 86,518 SF 0.66 $56,802.80 2 Grade and Blend Edge Detail over 5' Perimeter 6,010 SF 1.39 $8,332.50 3 Minor Base Remediation (Grading/Rolling)ALLOWANCE 86,518 SF 0.06 $4,950.98 4 Supply and Install New Beynon 25mm Elastic Layer 86,518 SF 1.88 $162,400.93 Subtotal Site Work $232,487.21 Synthetic Turf Surfacing 5 FieldTurf CORE 2.00" 86,518 SF 4.61 $398,847.98 6 Inlaid NFHS Soccer Markings 1 EA 7070.00 $7,070.00 7 Inlaid NFHS Lacrosse Tick Marks 1 EA 3030.00 INCLUDED 8 Inlaid NFHS Rugby Tick Marks 1 EA 3030.00 INCLUDED 9 Gmax Testing(1)Test at Time of Completion 1 EA 1515.00 $1,515.00 Subtotal Synthetic Turf $407,432.98 Subtotal Project $639,920.19 10 Performance& Payment Bonds 1 LS 7354.66 $7,354.66 Total Project $647,274.85 WSST Estimated @ 10.1% $65,374.76 FieldTurf—7445 C6te-de-Liesse Road Suite 200— Montreal QC H4T 1G2—Tel 1-800-724-2969—Fax(514) 340-9374 Saghalie Park Soccer Field Turf Replacement—Option 4 June 20,2019 Page 2 of 3 Total Project w/WSST I l $712,649.61 EXCLUSIONS: a) The base upon which the FieldTurf field will be placed. FieldTurf shall not be responsible for the stability, the porosity, nor the approval of the base upon which the FieldTurf surface will be installed,the drainage system, nor any construction or modification of existing installations around the fields. b) The supply or installation of the field edging c) Any costs associated with necessary charges relating to the delineation of the field d) The supply of manholes or clean-outs or grates, or supply of the manhole covers;and e) Any alteration or deviation from specifications involving extra costs,which alteration or deviation will be provided only upon executed change orders,and will become an extra charge over and above the offered price. f) Any electrical work g) Unsuitable soils:once subgrade has been established, a proof roll will be performed to ensure structural stability of the soils; in the event that unsuitable soils are encountered,a price to remedy these areas can be negotiated. h) Relocation, removal and repair of existing utilities not limited to electrical conduits, power poles,water, sewer,gas,cable,telephone,owner placed conduits or communication feeds within the field of play i) Design services and construction documentation, including, but not limited to:conceptual drawings/preliminary design; construction drawings;storm water management;submittal reviews and processing; architectural/engineering inspections;soil borings; professional survey;and as-built drawings. j) Logos or additional sport markings other than noted as included k) Replacement or modification to the existing perimeter nailer board. 1) FieldTurf is not altering or improving the existing drainage under the existing turf limits. No removal, milling, ponding,flooding or corrections within the existing drainage is included and any existing conditions will remain the responsibility of the owner. m) All applicable sales& use taxes are the responsibility of the owner. NOTES: Notwithstanding any other document or agreement entered by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal,the following shall apply: a) This bid proposal and its acceptance is subject to strikes, accidents,delays beyond our control and force majeure; b) Final payment shall be upon the substantial completion of FielclTurf's obligations; c) Accounts overdue beyond 30 days of invoice date will be charged at an interest rate of 10%per annum. d) FieldTurf requires a minimum of 21 days after receiving final approvals on shop drawings to manufacture, coordinate delivery and schedule arrival of installation crew. Under typical field size and scenario, FieldTurf further requires 28 days per field to install the Product subject to weather and force majeure. e) FieldTurf requires a suitable staging area. Staging area must be square footage of field x 0.12, have a minimum access of 15 feet wide by 15 feet high, and, no more than 100ft from the site. A 25 foot wide by 25 foot long hard or paved clean surface area located within 50 feet of the playing surface shall be provided for purposes of proper mixing of infill material.Access to any field will include suitable bridging over curbs from the staging area to permit suitable access to the field by low clearance vehicles. f) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary,additional charges will apply. FieldTurf—7445 Cote-de-Liesse Road Suite 200— Montreal QC H4T 1G2—Tel 1-800-724-2969—Fax (514) 340-9374 www.FieldTurf.com Saghalie Park Soccer Field Turf Replacement—Option 4 June 20, 2019 Page 3 of 3 g) FieldTurf shall be accountable for its negligence but shall not be bound by any penalty clauses. h) FieldTurf shall be entitled to recover all costs and expenses, including attorney fees,associated with collection procedures in the event that FieldTurf pursues collection of payment of any past due invoice. i) All colors are to be chosen from FielclTurf's standard colors. j) 8 yr.3rd party insured warranty included on the FieldTurf synthetic surface; The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials,freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The price of the base preparation is subject to increase in the event FieldTurf encounters any of the following site conditions:soil contamination;bedrock, unknown utilities, underground springs; unstable or unsuitable ground;and any concealed or unknown conditions. Please contact Eric Fisher if you have any questions or require additional information regarding FieldTurf's SmartBuy Cooperative Purchasing Program. 888-209-0065, ext. 246 or via e-mail at eric.fishero2fieldturf.corn. Be sure to visit our website at www.fieldturf.com Smart Buy KEYSTONE PURCHASING PROGRAM PURCHASING FIELDTURF•BEYNON NETWORK FieldTurf—7445 Cote-de-Liesse Road Suite 200— Montreal QC H4T 1G2—Tel 1-800-724-2969—Fax (514) 340-9374