AG 2002 07 22 (Regular) - Laserfiche WebLink

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Additional Serdces which shall not exceed the time limits contained in Paragraph 10.1 and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Insert I: 4.1.1 The Date of Commencement shall be the date of execution of this Agr_ eemenL The Desi_m~Builder shall achieve Substantial Completion of the Work of this Part 1 Agreement no later than July 24, 2002. and the entire Work (including_ Part 2 Agreement) not later than June 2. 2003. See Preliminary_ Schedule (Exhibit BI. attached and incorporated herein. Time is of the essence of this A~r_ cement. If the Design/Builder is delayed in the performance of services under this Part 1 Agreement through no fault of the Design/Builder, any applicable schedule shall be equitably adjusted. Insert d: 4.2.1 Notwithstanding any language in the Contract Documents to the contrary_, if the Desi_ma/Builder is delayed in the pro~ess of the Work by any act or ne~ect of the Owner, any of its employees or agents, or any separate contractor employed by the Owner. or a change order, the Design/Builder shall be ~anted a time extension and additional monetary compensation for costs including extended ~neral conditions, related direct costs and claims by third parties. For all other causes of delay, an extension of time shall, be the Desi_~ffBuildefs exclusive remedy and the Design/Builder waives any right it may otherwise have to damages because of such delays or disruptions of any nature whatsoever to all or any part of the Work including but not limited to, any acceleration Of all or any part of the Work. ARTICLE 5 PAYMENTS 6.1 The initial payment provided in Article 9 shall be made upon execution of this Part 1 Agreement and credited to the Owner's account as provided in Subparagraph 9.1.2. $.2 Subsequent payments for Basic Services, Additional Services, and Reimbursable Expenses provided for in this Part 1 Agreement shall be made monthly on the basis set forth in Article 9. For the final payment under this Part 1 Agreement. the Desi_ma/Builder shall submit to the Owner a release and waiver of Liens. 5.2:,1 The Owner will initially retain ten percent of each progreas payment. At the time the Work is fifty percent complete and thereafter, if the manner of completion of the Work and its pro~ess is and remains satisfactory to the Owner. the Owner will not withhold any additional retainage for the remainder of the Work. If at any time the rnarmer of completion of the Work or its pro_m-ess is not satisfactory t9 the Owner. or for other good and sufficient reasons, the Owner may reinstate the full ten percent retainage. 8.3 Within te, n (I 0) thirty (.30) days of the Owner's receipt of a properly submitted and correct Apphcafion for Payment, the Owner shall make payment to the Design/Builder. 5.4 Payments due the Design/Builder under this Part 1 Agreement which are not paid when due shall bear interest from the date due at the rate specified in Paragraph 9.5, or in the absence of a specified rate, at the legal rate prevailing where the Project is located. ARTICLE 6 DISPUTE RESOLUTION--MEDIATION AND ARBITRATION [he pa,~i~s to *~.': s Pe,.~ ! A.~e,me:'2 ~isLng eat af ar re!~:mg tc ~ ~er ~d Dcsi~lder ~cc to put fo~ ~c~ best cffo~ to resolve ~o~ally all dispu~s ~is~g ~dcr rclst~g to the Con~t Doc~cnm or ~c ~oject. ~pu~ c~ot be resolved ~o~aUy. ~c ~er Dcsi~uildcr ~cc to submit ~c dispute to mediation · c a~piccs ~d ~cs of ~c Private ~ju~c~ion C~nt~r "PAC"). ~. No~ C~olmm ~ a mcdi~to~ chosen jointly, befor~ proccc~ to ~v o~er fo~ of ~sput~ r~soludon. ~c mcdia~on s~ll bo held ~ Cab~ Co~, North C~ol~a. ~css ~o~er location is mu~l~ ~n. ~ccmenm r~achcd ~ mc~ation s~l] be c~or~ab]c ~ seRl~t ~ccmcnm ~ ~v co~ ~n~ j~s~ction ~ercof. Notwithstanding any lan_~uage in the Contract Documents to © AIA DOCUMENT Al91 · OWNEK-DESIGN/BUK~ER. AGREEMENT · SECOND EDITION · AIA® · ©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006-5292 · WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A191 -1996 9