Document A101 – 2017

Standard Form of Agreement Between Owner and Contractor where the basis
of payment is a Stipulated Sum

AGREEMENT made as of the ___ day of December in the year 2022

(In words, indicate day, month and year.) ADDITIONS AND DELETIONS:
The author of this document has
BETWEEN the Owner: added information needed for its
(Name, legal status, address and other information) completion. The author may also
have revised the text of the original
New Horizons Affordable Housing and Development Inc. AIA standard form. An Additions and
2160 41st Street Deletions Report that notes added
Capitola, CA 95010 information as well as revisions to
the standard form text is available
from the author and should be
and the Contractor: reviewed. A vertical line in the left
(Name, legal status, address and other information) margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AIA text.

This document has important legal

License consequences. Consultation with an
No._______ attorney is encouraged with respect
to its completion or modification.
for the following Project: The parties should complete
(Name, location and detailed description) A101®–2017, Exhibit A, Insurance
and Bonds, contemporaneously with
Natural Bridges Development this Agreement. AIA Document
415 Natural Bridges Drive A201®–2017, General Conditions of
Santa Cruz, CA 95060 the Contract for Construction, is
adopted in this document by
The Architect: reference. Do not use with other
(Name, legal status, address and other information) general conditions unless this
document is modified.
Thacher & Thompson Architects
215 Oregon Street
Santa Cruz, CA 95060

The Owner and Contractor agree as follows.

The Work consists of the construction of the Natural Bridges development which
includes but is not limited to, _a 20-unit 3-story apartment building, and attendant site
improvements as set forth in the Plans and Specifications. The Work is financed with the
following funding sources: construction loan from the Housing Authority of the City of
Santa Cruz. The Project is subject to certain federal requirements.

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
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Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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 TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and
are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or
agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in
Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents and reasonably inferable by the
Contractor as necessary to produce the results intended by the Contract Documents, except as specifically indicated
in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be:
(Check one of the following boxes.)

[ ] The date of this Agreement.

[X] A date set forth in a notice to proceed issued by the Owner.

[ ] Established as follows:
(Insert a date or a means to determine the date of commencement of the Work.)

If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this
Agreement.

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

§ 3.3 Substantial Completion

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
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/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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 § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall
achieve Substantial Completion of the entire Work:
(Check one of the following boxes and complete the necessary information.)

[ ] Not later than ( ) calendar days from the date of commencement of the Work.

[ ] By the following date:

§ 3.3.2 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

§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages,
if any, shall be assessed as set forth in Section 4.5.

ARTICLE 4 CONTRACT SUM

§ 4.1 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 ($ ), subject to additions and deductions as provided in the Contract
Documents. The Contract Sum is based on the Contractor’s Schedule of Values attached as an Exhibit to this
Agreement and incorporated herein.

§ 4.2 Alternates
§ 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following
execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.
(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance

§ 4.3 Allowances, if any, included in the Contract Sum:

(Identify each allowance.)

Item Price

All Allowances shall be expressly identified in the Contractor’s Schedule of Values and shall indicate the scope of
coverage of the Allowance. Contractor shall give written notice to the Owner if the estimated costs to perform the
work and/or supply the material or equipment by the Allowance will exceed the amount estimated for that
Allowance prior to commencing work covered by the Allowance. If the actual cost of any Allowance items is more
or less than the Allowance amount set forth in the Schedule of Values, the difference shall be transferred to the
Owner as an additive or deductive Change Order as applicable.
§ 4.4 Unit prices, if any:
(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.5 Liquidated damages, if any:

(Insert terms and conditions for liquidated damages, if any.)
AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
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 Liquidated Damages for Delay. Time is of the essence in the performance of the Work. By executing this
Agreement, Contractor represents that it can and will complete the Work within the dates set forth in this Article 3.
Contractor acknowledges that Owner’s funders and investors require completion of the Work within the time set
forth in this Article 3 and such funding sources would be in jeopardy if the Work is delayed. If the Contractor fails
to reach Substantial Completion by the date required by Article 3 of this Agreement, the parties agree that the
Owner would suffer damages related to the delay, but that such damages would be extremely difficult and
impracticable to ascertain. The parties therefore agree that a reasonable estimate of the damages to be suffered by
the Owner in the event of such a delay is __________ Dollars ($_________) per day. The Contractor shall therefore
pay to the Owner that amount for each calendar day during which Substantial Completion is delayed beyond the
date for Substantial Completion required and as set forth in this Article 3. At the Owner’s discretion, Owner shall
be entitled to deduct such amount from any payment otherwise due Contractor. Any such amount not deducted shall
be immediately payable by Contractor to Owner on Owner’s demand. Such payments are as liquidated damages and
are not a penalty. Such liquidated damages are not in lieu of Contractor’s indemnity obligations set forth separately
in the Contract, nor shall these liquidated damages preclude the Owner from recovering its actual damages for any
damages claimed by third parties even if arising out of the Contractor’s delay.

§ 4.6 Other:
(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

Changes in the Work. For changes in the Work, the total amount of overhead and profit claimed shall not exceed
_______ percent ( %) of the documented direct costs of the work to be performed pursuant to the Change
Order or Construction Change Directive. General conditions/requirements shall not be included in additive Change
Orders unless the Owner has approved additional Contract Time and the Owner has approved additional general
conditions/requirements pursuant to Article 8 of the A201 . When both additions and credits are involved in any
one change, the allowance for overhead and profit shall be figured on the basis of the net increase if any. The same
overhead and profit limits as established for change order additions shall be credited to change order deductions. No
other cost, including special damages of any type, arising out of or connected with the performance of extra work, of
any nature, may be recovered by the Contractor.
ARTICLE 5 PAYMENTS
§ 5.1 Progress Payments
§ 5.1.1 Provided the Contractor is not in breach of its obligations under the Contract Documents, and based upon
Applications for Payment including all supporting documentation submitted to the Owner and the Architect by the
Contractor and Certificates for Payment issued by the Architect and approved by the Owner, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the
Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month.

Contractor’s monthly allowable draw of general conditions shall be at a rate roughly equal to the percentage of the
Work which has been completed, and shall be in accordance with a schedule of payments to be agreed upon with the
Owner (the “General Conditions Payment Schedule”). If at any time the amount of general conditions paid to the
Contractor as percentage of the total general conditions due, exceeds the percentage of the Work completed, or the
Lender or Owner requires a readjustment in the monthly amount, the Owner and the Contractor shall adjust the
General Conditions Payment Schedule as necessary to bring the payment amount more in line with the percentage of
Work that has been completed.

§ 5.1.3 After a complete Application for Payment is received by the Architect and the Owner and a Certificate for
Payment has been issued by the Architect and approved by Owner the Owner shall make payment of the amount
certified to the Contractor not later than thirty (30) days after receipt of the Application for Payment.
(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
4
/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
User Notes: G&L 2017 A101 Template (3B9ADA3E)
 by such data to substantiate its accuracy, as the Architect and Owner may require. This schedule of values shall be
used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment.

§ 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and
subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as
follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work;
.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the completed construction, or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing; and
.3 That portion of Construction Change Directives that the Owner determines to be included.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:
.1 The aggregate of any amounts previously paid by the Owner;
.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously
withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;
.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier,
unless the Work has been performed by others the Contractor intends to pay;
.4 For Work performed or defects discovered since the last payment application, any amount for which
payment may be withheld or a Certificate of Payment nullified in whole or in part, as provided in
Article 9 of AIA Document A201–2017; and
.5 Retainage withheld pursuant to Section 5.1.7.

§ 5.1.7 Retainage
§ 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the
following amount, as retainage, from the payment otherwise due:
(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of
retainage may be limited by governing law.)

Ten percent (10%)

§ 5.1.7.1.1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work,
including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert
provisions for such modifications.)

The Owner shall have the option but not the obligation to reduce the retention requirements of the Contract or
release any portion of retention prior to the date specified in the Contract. Exercise of this option by the Owner
shall not be a waiver of any of the Owner’s rights to retention in connection with other payments to the Contractor
and shall be subject to the approval of Lenders to the Work.

§ 5.1.7.3 INTENTIONALLY DELETED

(Insert any other conditions for release of retainage upon Substantial Completion.)

§ 5.1.8
AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
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 INTENTIONALLY
DELETED

§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment

§ 5.2.1 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 Article 12 of AIA Document A201–2017, and to satisfy other requirements, if
any, which extend beyond final payment
.2 a final Certificate for Payment has been issued by the Architect; and
.3 all conditions set forth in Section 9.10.2 of AIA Document A201-2017, as modified, have been
satisfied.

§ 5.2.2 The Owner’s final payment to the Contractor shall be made in accordance with Section 9.10.2 of AIA
Document A201-2017 as modified.

§ 5.3 INTENTIONALLY DELETED.

(Paragraphs Deleted)

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1
(Paragraph Deleted)

INTENTIONALLY DELETED

(Paragraph Deleted)

§ 6.2 Binding Dispute Resolution

For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the
method of binding dispute resolution shall be as follows:
(Check the appropriate box.)

[ X ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017, and subject to the limitations set forth
therein

[X ] Litigation in a court of competent jurisdiction, if not subject to arbitration

[ ] Other (Specify)

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 by litigation in a court
of competent jurisdiction.

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
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/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
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 ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A201–2017.

(Paragraphs Deleted)

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.

§ 8.2 The Owner’s representative:

(Name, address, email address, and other information)

§ 8.3 The Contractor’s representative:

(Name, address, email address, and other information)

§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the
other party.

§ 8.5 Insurance and Bonds

§ 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™–
2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,
Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents.

§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in
the Contract Documents. The bonds shall be in recordable form and shall name the Owner and the Housing
Authority of the City of Santa Cruz as co-obligees or assignees.

§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017 shall be provided to the
Owner's and Contractor's representatives at the email addresses listed above.

§ 8.7 Other provisions:

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
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 § 8.7.1 Contractor Representations. The Contractor represents and warrants the following to the Owner (in addition
to any other representations and warranties contained in the Contract Documents) as a material inducement to the
Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of
this Agreement and any termination of this Agreement:

.1 The Contractor and its Subcontractors are financially solvent, able to pay all debts as they mature, and
possessed of sufficient working capital to complete the Work and perform all obligations hereunder;

.2 The Contractor is able to furnish the plant, tools, materials, supplies, equipment, and labor itself or
through its Subcontractors required to complete the Work and perform its obligations hereunder, and
has sufficient experience and competence to do so;

.3 The Contractor is authorized to do business in the State of California and is properly licensed by all
necessary governmental and public and quasi-public authorities having jurisdiction over the
Contractor and over the Work and the Project;

.4 The Contractor’s execution of this Agreement and performance thereof is within the Contractor’s duly
authorized powers;

.5 The Contractor is a sophisticated contractor who possesses a high level of experience and expertise in
the business administration, construction, construction management, and superintendence of projects
of the size, complexity, and nature of this particular Project, and will perform the Work with the care,
skill, and diligence of such a Contractor;

.6 Except as disclosed to Owner in writing, there are no claims, actions, investigations, suits, or
proceedings pending affecting Contractor's performance under the Contract Documents; and

.7 All financial information delivered to Owner, including all information relating to the financial
condition of the Contractor or any of its partners, joint venturers, or members (as applicable), fairly
and accurately represents the financial condition being reported on as of its date. All such
information is prepared in accordance with generally accepted accounting principles consistently
applied, unless otherwise noted. There has been no material adverse change in the financial condition
of any of the persons described above-reported at any time to Owner, except as previously disclosed
to Owner in writing in later financial information and found acceptable to Owner in its sole and
absolute discretion.

.8 Neither Contractor nor its principals, as defined at 49 CFR 29.995, and to the best of Contractor's
knowledge, nor any of its subcontractors, are debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in the Project by any federal department of
agency.

§ 8.7.2 Contractor Notifications. Contractor shall notify Owner promptly in writing of any and all of the following:

.1 Any litigation or claim of any kind affecting or relating to Contractor or its subsidiaries or any
material subcontractor where the amount claimed is or maybe one hundred Thousand Dollars
($100,000) or more whether covered by insurance or not.

.2 Any termination of a construction contract to which Contractor is a party.

.3 Any default or potential default of a Subcontractor or material supplier (including without limitation,
its inability to maintain its schedule).

.4 Any material adverse change in Contractor's or any material Subcontractor's financial condition, any
material adverse change in Contractor's or any material Subcontractor's operations, or any change
in the management of Contractor or any material Subcontractors.

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
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/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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 .5 Any other circumstance, event, or occurrence that results in a material adverse change in Contractor's
or any material Subcontractor's ability to timely perform any of its obligations under any of the
Contract Documents.

For the purposes of this Section, "Material Subcontractor" means a subcontractor performing greater than $150,000
of work on the Project.

§ 8.7.3 Lender Requirements. The Contractor acknowledges that the Owner is financing the Work with funds from
public and/or private lenders to the Work as described below (the "Lenders") and that such Lenders have imposed
and may impose additional requirements on the Owner, the Contractor, and any Subcontractors including but not
limited to approval of change orders, approval prior to release of any payments under the Contract including
Progress Payments, Final Payments and payment of retention, and insurance requirements. Applicable requirements
of the Lenders are set forth in an Exhibit to this Agreement and are also incorporated into the Contract. The
Contractor agrees to use its best efforts to comply with the requirements of the Lenders that bear upon the
performance of the Work. The Contractor shall also: (1) make the site of the Work available at reasonable times for
inspection by the Lenders or the Lenders’ representatives; (2) consent to and execute all documents reasonably
requested by the Owner in connection with the assignment of the Contract Documents to the Lenders for collateral
purposes; and (3) promptly furnish the Owner with information, documents, and materials that the Owner may
reasonably request from time to time in order to comply with the requirements of the Lenders including but not
limited to information necessary to process payments and change orders, and information pertaining to
subcontractors.

§ 8.7.4 Prevailing Wages.

Davis Bacon Act Requirements.

This Project shall be constructed in compliance with the prevailing wage requirements of the federal Davis-
Bacon Act as Set forth in an Exhibit to this Agreement, and in accordance with the wage rate
determination attached as an Exhibit to this Agreement. A copy of the applicable Davis Bacon wage
decision and any additional classifications shall be posted by the Contractor at the work site in a
prominent place readily accessible to the workers.

Contractor shall submit to the Owner weekly certified payrolls for each work week from the time work is
started until the construction of the Project is completed on Department of Labor Payroll Form WH-
347 or equivalent approved by the Owner, and a "Weekly Statement with Respect to the Payment of
Wages," using either Department of Labor Form WH-348, or an equivalent form approved by Owner.
Weekly payrolls shall be completed and submitted promptly, no later than seven work days following
completion of the work week. Monthly progress payments will not be released until all payroll
reports are up to date. Contractor shall, and shall require its subcontractors to maintain certified
payrolls, and to submit copies of such certified payrolls to Owner, upon request, in order to verify
compliance with these requirements.

The Contractor shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the
Owner) the Owner against any claim for damages, compensation, fines, penalties or other amounts to
the extent arising out of the failure or alleged failure of any person or entity (including the
subcontractors) to pay prevailing wages as determined pursuant to the prevailing wage provisions of
the federal Davis-Bacon Act and implementing rules and regulations in connection with the
construction of the Project or any other work undertaken or in connection with the Project.
Contractor’s indemnity obligations shall survive the termination or expiration of the Contract.

Contractor shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the Owner)
the Owner against any claim for damages, compensation, fines, penalties or other amounts arising out
of the failure or alleged failure of the Contractor, Subcontractors, or any person they are responsible
for, to pay prevailing wages as determined pursuant to CLC Section 1720 et seq., to employ
apprentices pursuant to CLC Sections 1777.5 – 1777.7, or comply with all other applicable provisions
of CLC Section 1720 et seq., CLC Sections 1810-1815, and implementing regulations of the DIR in
AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
9
/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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 connection with construction of the Project. The Contractor’s indemnity obligations shall survive the
termination or expiration of this Contract.

Contractor, shall, if requested by Owner, provide to Owner or Owner’s lenders documentation evidencing
the proper payment of prevailing wages and maintenance of labor records as required by the
applicable requirements.

Additional Prevailing Wage requirements may be set forth in the Lender Requirements attached to this Agreement
as an Exhibit.

§ 8.7.5 Section 3 Requirements.

The work performed under this contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 170lu ("Section 3"). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by Department of Housing and Urban Development
(HUD) assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to
low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing.

(1) The Contractor agrees to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As
evidenced by its execution of this contract, the contractor certifies that it is under no contractual or other
impediment that would prevent it from complying with the Section 3 regulations.

(2) Pursuant to Section 3, to the greatest extent feasible, and consistent with existing Federal, state, and local laws
and regulations Contractor shall ensure:

(A) that employment and training opportunities arising in connection with the Project are provided to Section 3
workers within the metropolitan area (or nonmetropolitan county) in which the Project is located. Where feasible,
priority for opportunities and training described above should be given to: (i) Section 3 workers residing within the
service area or the neighborhood of the project, and (ii) participants in YouthBuild programs; and

(B) that contracts for work awarded in connection with the Project are provided to business concerns that provide
economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in
which the Project is located. Where feasible, priority for opportunities and training described above should be given
to: (i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the
service area or the neighborhood of the Project, and (ii) participants in YouthBuild programs.

(3) Contractor will be considered to have complied with the Section 3 requirements, in the absence of evidence to
the contrary, if it certifies that it has followed the prioritization of effort set forth in subsection (1) above, and meets
or exceeds the applicable Section 3 benchmark as described in 24 C.F.R. 75.23(b).

(4) Contractor shall maintain records of its Section 3 activities and cause such records to be accurate and current
and in a form that allows the Owner to comply with the reporting requirements of 24 C.F.R. 75.25.
(5) Contractor shall require all subcontractors performing work on the Project to comply with the Section 3
requirements.

(6) Noncompliance with Section 3 requirements may result in sanctions, termination of this contract for default,
and debarment or suspension from future HUD-assisted contracts.

§ 8.7.6 Nondiscrimination. Contractor shall comply with the following nondiscrimination requirements: Title VI of
the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the
Rehabilitation Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC 6101, et seq.);
Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. Part 107;
Executive Order 11246 as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as
amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as amended by Executive
Order 12608. During the performance of the Contract, the Contractor assures that no otherwise qualified person
shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
10
/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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 based on race, color, national origin, sex, age, or disability, under any work performed pursuant to the Contract, as
required by the laws set forth above and all implementing regulations.

§ 8.7.7 Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color,
religion, creed, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoffs or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, creed, sex,
or national origin.

(3) The Contractor will send to each labor union or representative of workers with
which the Contractor has a collective bargaining agreement or other contract or
understanding, a notice to be provided by or at the direction of the Government
advising the labor union or workers representative of the Contractor’s
commitments under this section, and shall post copies of the notice inconspicuous places available to
employees and applicants for employment.

(4) The Contractor of will comply with all provisions of Executive Order No. 11246
of September 24, 1965, and with the rules, regulations, and relevant orders of the
Secretary of Labor.

(5) The Contractor will furnish all information and reports required by Executive
Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to its books,
records, and accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.

(6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses
of this Contract or with any of the rules, regulations, or orders, the Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further contracts in accordance with procedures authorized
in Executive Order No. 11246 of September 24, 1965, and such other sanctions as
may be imported and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor or as otherwise provided by law.

(7) The Contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by the rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order No.
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the Government may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
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/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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 Government, the contractor may request the United States to enter into such
litigation to protect the interest of the United States.

§ 8.7.8 Lead-based Paint. Contractor shall comply with the requirements of the Lead-Based Paint Poisoning
Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act (42
U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35.

§ 8.7.9 Conditions of Approval/Mitigation Measures. Contractor shall comply with the Conditions of
Approval/Mitigation Requirements set forth in an Exhibit to this Agreement.

§ 8.7.10 Entire Agreement/Amendment. This Agreement (which includes any exhibits, riders or schedules attached
hereto) constitutes the entire agreement between the parties and there are no other agreements, understandings,
representations or warranties, oral or written, relating to the subject matter hereof between the parties. The parties
to this Contract have read and reviewed this Contract and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party (including, but not limited to, Civil Code Section 1654)
shall not apply to this Contract. This Agreement may not be amended, changed or modified, in whole or in part,
except in writing, signed by both parties.

§ 8.7.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same instrument.

§ 8.7.12 California Business and Professions Code Section 7030:

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE

CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE
COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A
COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS
MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE
LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CA 95826.

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

§ 9.1 This Agreement is comprised of the following documents:
.1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor
.2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds
.3 AIA Document A201™–2017, General Conditions of the Contract for Construction
(Paragraph Deleted)

(Paragraph Deleted)

.5 Drawings

Number Title Date

.6 Specifications

Section Title Date Pages

.7 Addenda, if any:
AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
12
/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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 Number Date Pages

Portions of Addenda relating to bidding or proposal requirements are not part of the Contract
Documents unless the bidding or proposal requirements are also enumerated in this Article 9.

.8 Other Exhibits:
(Check all boxes that apply and include appropriate information identifying the exhibit where
required.)

[ ]

(Paragraph Deleted)

[ ]

Title Date Pages

[ ] Supplementary and other Conditions of the Contract:

Document Title Date Pages

.9 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AIA
Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders,
sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal
requirements, and other information furnished by the Owner in anticipation of receiving bids or
proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such
documents should be listed here only if intended to be part of the Contract Documents.)

Exhibit A: AIA Document A101™–2017, Insurance and Bonds

Exhibit B: Contractor’s Schedule of Values
Exhibit C: Contractor’s Qualifications and Exclusions
Exhibit D: Construction Schedule
Exhibit E: Drawings and Specifications (list)
Exhibit F: Lender & Investor Requirements
Exhibit G: Conditions of Approval/Mitigation Requirements
Exhibit H: Federal Labor Standards
Exhibit I: Davis Bacon Wage
Determination

This Agreement entered into as of the day and year first written above.

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
13
/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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 New Horizons Affordable Housing and
Development Inc.

OWNER (Signature) CONTRACTOR (Signature)

(Printed name and title) (Printed name and title)

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The
Init. American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are
registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on 08/22/2022 under Order
14
/ No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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Additions and Deletions Report for
® ®
AIA Document A101 – 2017
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.

Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 22:22:07 ET on 08/22/2022.

PAGE 1

AGREEMENT made as of the ___ day of December in the year 2022

...

New Horizons Affordable Housing and Development Inc.

2160 41st Street
Capitola, CA 95010

...

License
No._______

...

Natural Bridges Development

415 Natural Bridges Drive
Santa Cruz, CA 95060

...

Thacher & Thompson Architects

215 Oregon Street
Santa Cruz, CA 95060

...

The Work consists of the construction of the Natural Bridges development which includes but is not limited to, _a
20-unit 3-story apartment building, and attendant site improvements as set forth in the Plans and Specifications. The
Work is financed with the following funding sources: construction loan from the Housing Authority of the City of
Santa Cruz. The Project is subject to certain federal requirements.

PAGE 2

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and
“AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on
1
08/22/2022 under Order No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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The Contractor shall fully execute the Work described in the Contract Documents and reasonably inferable by the
Contractor as necessary to produce the results intended by the Contract Documents, except as specifically indicated
in the Contract Documents to be the responsibility of others.

...

[X] A date set forth in a notice to proceed issued by the Owner.

PAGE 3

§ 4.1 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 ($ ), subject to additions and deductions as provided in the Contract
Documents. The Contract Sum is based on the Contractor’s Schedule of Values attached as an Exhibit to this
Agreement and incorporated herein.

...

All Allowances shall be expressly identified in the Contractor’s Schedule of Values and shall indicate the scope of
coverage of the Allowance. Contractor shall give written notice to the Owner if the estimated costs to perform the
work and/or supply the material or equipment by the Allowance will exceed the amount estimated for that
Allowance prior to commencing work covered by the Allowance. If the actual cost of any Allowance items is more
or less than the Allowance amount set forth in the Schedule of Values, the difference shall be transferred to the
Owner as an additive or deductive Change Order as applicable.

PAGE 4

Liquidated Damages for Delay. Time is of the essence in the performance of the Work. By executing this
Agreement, Contractor represents that it can and will complete the Work within the dates set forth in this Article 3.
Contractor acknowledges that Owner’s funders and investors require completion of the Work within the time set
forth in this Article 3 and such funding sources would be in jeopardy if the Work is delayed. If the Contractor fails
to reach Substantial Completion by the date required by Article 3 of this Agreement, the parties agree that the
Owner would suffer damages related to the delay, but that such damages would be extremely difficult and
impracticable to ascertain. The parties therefore agree that a reasonable estimate of the damages to be suffered by
the Owner in the event of such a delay is __________ Dollars ($_________) per day. The Contractor shall therefore
pay to the Owner that amount for each calendar day during which Substantial Completion is delayed beyond the
date for Substantial Completion required and as set forth in this Article 3. At the Owner’s discretion, Owner shall
be entitled to deduct such amount from any payment otherwise due Contractor. Any such amount not deducted shall
be immediately payable by Contractor to Owner on Owner’s demand. Such payments are as liquidated damages and
are not a penalty. Such liquidated damages are not in lieu of Contractor’s indemnity obligations set forth separately
in the Contract, nor shall these liquidated damages preclude the Owner from recovering its actual damages for any
damages claimed by third parties even if arising out of the Contractor’s delay.

...

Changes in the Work. For changes in the Work, the total amount of overhead and profit claimed shall not
exceed_______ percent ( %) of the documented direct costs of the work to be performed pursuant to the
Change Order or Construction Change Directive. General conditions/requirements shall not be included in additive
Change Orders unless the Owner has approved additional Contract Time and the Owner has approved
additional general conditions/requirements pursuant to Article 8 of the A201 . When both additions and credits are
involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase if
any. The same overhead and profit limits as established for change order additions shall be credited to change order
deductions. No other cost, including special damages of any type, arising out of or connected with the performance
of extra work, of any nature, may be recovered by the Contractor.

...

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and
“AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on
2
08/22/2022 under Order No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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§ 5.1.1 Based upon Applications for Payment submitted to Provided the Contractor is not in breach of its obligations
under the Contract Documents, and based upon Applications for Payment including all supporting documentation
submitted to the Owner and the Architect by the Contractor and Certificates for Payment issued by the Architect,
Architect and approved by the Owner, the Owner shall make progress payments on account of the Contract Sum to
the Contractor as provided below and elsewhere in the Contract Documents.

...

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:month.

...

§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the
Owner shall make payment of the amount certified to the Contractor not later than the day of the month. If an
Contractor’s monthly allowable draw of general conditions shall be at a rate roughly equal to the percentage of the
Work which has been completed, and shall be in accordance with a schedule of payments to be agreed upon with the
Owner (the “General Conditions Payment Schedule”). If at any time the amount of general conditions paid to the
Contractor as percentage of the total general conditions due, exceeds the percentage of the Work completed, or the
Lender or Owner requires a readjustment in the monthly amount, the Owner and the Contractor shall adjust the
General Conditions Payment Schedule as necessary to bring the payment amount more in line with the percentage of
Work that has been completed.

...

§ 5.1.3 After a complete Application for Payment is received by the Architect after the application date fixed above,
payment of the amount certified shall be made by the Owner not later than ( ) days after the Architect receives the
Application for Payment.and the Owner and a Certificate for Payment has been issued by the Architect
and approved by Owner the Owner shall make payment of the amount certified to the Contractor not later than thirty
(30) days after receipt of the Application for Payment.

PAGE 5

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported
by such data to substantiate its accuracy, as the Architect and Owner may require. This schedule of values shall be
used as a basis for reviewing the Contractor’s Applications for Payment.

...

.3 That portion of Construction Change Directives that the Architect determines, in the Architect’s
professional judgment, to be reasonably justified.Owner determines to be included.

...

.4 For Work performed or defects discovered since the last payment application, any amount for which
the Architect may withhold payment, or nullify payment may be withheld or a Certificate of Payment
nullified in whole or in part, as provided in Article 9 of AIA Document A201–2017; and

...

Ten percent (10%)

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and
“AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on
3
08/22/2022 under Order No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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...

§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may
submit an Application for Payment that includes the retainage withheld from prior Applications for Payment
pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include
retainage as follows:The Owner shall have the option but not the obligation to reduce the retention requirements of
the Contract or release any portion of retention prior to the date specified in the Contract. Exercise of this option by
the Owner shall not be a waiver of any of the Owner’s rights to retention in connection with other payments to the
Contractor and shall be subject to the approval of Lenders to the Work.

...

§ 5.1.7.3 INTENTIONALLY DELETED

...

§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay
the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.

PAGE 6

INTENTIONALLY

...

DELETED

...

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct
Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if
any, which extend beyond final payment; andpayment

...

.2 a final Certificate for Payment has been issued by the Architect.Architect; and

...

.3 all conditions set forth in Section 9.10.2 of AIA Document A201-2017, as modified, have been
satisfied.

...

§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect’s final Certificate for Payment, or as follows:in accordance with Section 9.10.2 of AIA Document A201-
2017 as modified.

...

§ 5.3 InterestINTENTIONALLY DELETED.

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and
“AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on
4
08/22/2022 under Order No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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...

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.)

...

§ 6.1Initial Decision Maker

...

The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless
the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

...

INTENTIONALLY DELETED

...

(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)

...

[ X ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017A201–2017, and subject to the limitations
set forth therein

...

[X ] Litigation in a court of competent jurisdictionjurisdiction, if not subject to arbitration

PAGE 7

§ 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document
A201–2017, then the Owner shall pay the Contractor a termination fee as follows:

...

(Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination
for the Owner’s convenience.)

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and
“AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 22:22:07 ET on
5
08/22/2022 under Order No.3104236993 which expires on 07/01/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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...

§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in
the Contract Documents. The bonds shall be in recordable form and shall name the Owner and the Housing
Authority of the City of Santa Cruz as co-obligees or assignees.

...

§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, A201–2017 shall be provided
to the Owner's and Contractor's representatives at the email addresses listed above.

...

§ 8.7 Other provisions:

PAGE 8

§ 8.7.1 Contractor Representations. The Contractor represents and warrants the following to the Owner (in addition
to any other representations and warranties contained in the Contract Documents) as a material inducement to the
Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of
this Agreement and any termination of this Agreement:

.1 The Contractor and its Subcontractors are financially solvent, able to pay all debts as they mature, and
possessed of sufficient working capital to complete the Work and perform all obligations hereunder;

.2 The Contractor is able to furnish the plant, tools, materials, supplies, equipment, and labor itself or
through its Subcontractors required to complete the Work and perform its obligations hereunder, and
has sufficient experience and competence to do so;

.3 The Contractor is authorized to do business in the State of California and is properly licensed by all
necessary governmental and public and quasi-public authorities having jurisdiction over the
Contractor and over the Work and the Project;

.4 The Contractor’s execution of this Agreement and performance thereof is within the Contractor’s duly
authorized powers;

.5 The Contractor is a sophisticated contractor who possesses a high level of experience and expertise in
the business administration, construction, construction management, and superintendence of projects
of the size, complexity, and nature of this particular Project, and will perform the Work with the care,
skill, and diligence of such a Contractor;

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 .6 Except as disclosed to Owner in writing, there are no claims, actions, investigations, suits, or
proceedings pending affecting Contractor's performance under the Contract Documents; and

.7 All financial information delivered to Owner, including all information relating to the financial
condition of the Contractor or any of its partners, joint venturers, or members (as applicable), fairly
and accurately represents the financial condition being reported on as of its date. All such
information is prepared in accordance with generally accepted accounting principles consistently
applied, unless otherwise noted. There has been no material adverse change in the financial condition
of any of the persons described above-reported at any time to Owner, except as previously disclosed
to Owner in writing in later financial information and found acceptable to Owner in its sole and
absolute discretion.

.8 Neither Contractor nor its principals, as defined at 49 CFR 29.995, and to the best of
Contractor's knowledge, nor any of its subcontractors, are debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in the Project by any
federal department of agency.

§ 8.7.2 Contractor Notifications. Contractor shall notify Owner promptly in writing of any and all of the following:

.1 Any litigation or claim of any kind affecting or relating to Contractor or its subsidiaries or any
material subcontractor where the amount claimed is or maybe one hundred Thousand Dollars
($100,000) or more whether covered by insurance or not.

.2 Any termination of a construction contract to which Contractor is a party.

.3 Any default or potential default of a Subcontractor or material supplier (including without limitation,
its inability to maintain its schedule).

.4 Any material adverse change in Contractor's or any material Subcontractor's financial condition, any
material adverse change in Contractor's or any material Subcontractor's operations, or any change
in the management of Contractor or any material Subcontractors.

.5 Any other circumstance, event, or occurrence that results in a material adverse change in Contractor's
or any material Subcontractor's ability to timely perform any of its obligations under any of the
Contract Documents.

For the purposes of this Section, "Material Subcontractor" means a subcontractor performing greater than $150,000
of work on the Project.

§ 8.7.3 Lender Requirements. The Contractor acknowledges that the Owner is financing the Work with funds from
public and/or private lenders to the Work as described below (the "Lenders") and that such Lenders have imposed
and may impose additional requirements on the Owner, the Contractor, and any Subcontractors including but not
limited to approval of change orders, approval prior to release of any payments under the Contract including
Progress Payments, Final Payments and payment of retention, and insurance requirements. Applicable requirements
of the Lenders are set forth in an Exhibit to this Agreement and are also incorporated into the Contract.
The Contractor agrees to use its best efforts to comply with the requirements of the Lenders that bear upon the
performance of the Work. The Contractor shall also: (1) make the site of the Work available at reasonable times for
inspection by the Lenders or the Lenders’ representatives; (2) consent to and execute all documents reasonably
requested by the Owner in connection with the assignment of the Contract Documents to the Lenders for collateral
purposes; and (3) promptly furnish the Owner with information, documents, and materials that the Owner may
reasonably request from time to time in order to comply with the requirements of the Lenders including but not
limited to information necessary to process payments and change orders, and information pertaining to
subcontractors.

§ 8.7.4 Prevailing Wages.

Davis Bacon Act Requirements.

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 be given in accordance with AIA Document E203™–2013, Building Information Modeling This Project
shall be constructed in compliance with the prevailing wage requirements of the federal Davis-Bacon
Act as Set forth in an Exhibit to this Agreement, and in accordance with the wage rate determination
attached as an Exhibit to this Agreement. A copy of the applicable Davis Bacon wage decision and
any additional classifications shall be posted by the Contractor at the work site in a prominent place
readily accessible to the workers.

Contractor shall submit to the Owner weekly certified payrolls for each work week from the time work is
started until the construction of the Project is completed on Department of Labor Payroll Form WH-
347 or equivalent approved by the Owner, and a "Weekly Statement with Respect to the Payment of
Wages," using either Department of Labor Form WH-348, or an equivalent form approved by Owner.
Weekly payrolls shall be completed and submitted promptly, no later than seven work days following
completion of the work week. Monthly progress payments will not be released until all payroll
reports are up to date. Contractor shall, and shall require its subcontractors to maintain certified
payrolls, and to submit copies of such certified payrolls to Owner, upon request, in order to verify
compliance with these requirements.

The Contractor shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the
Owner) the Owner against any claim for damages, compensation, fines, penalties or other amounts to
the extent arising out of the failure or alleged failure of any person or entity (including the
subcontractors) to pay prevailing wages as determined pursuant to the prevailing wage provisions of
the federal Davis-Bacon Act and implementing rules and regulations in connection with the
construction of the Project or any other work undertaken or in connection with the Project.
Contractor’s indemnity obligations shall survive the termination or expiration of the Contract.

and Digital Data Exhibit, Contractor shall indemnify, hold harmless and defend (with counsel reasonably
acceptable to the Owner) the Owner against any claim for damages, compensation, fines, penalties or
other amounts arising out of the failure or alleged failure of the Contractor, Subcontractors, or any
person they are responsible for, to pay prevailing wages as determined pursuant to CLC Section 1720
et seq., to employ apprentices pursuant to CLC Sections 1777.5 – 1777.7, or comply with all other
applicable provisions of CLC Section 1720 et seq., CLC Sections 1810-1815, and implementing
regulations of the DIR in connection with construction of the Project. The Contractor’s indemnity
obligations shall survive the termination or expiration of this Contract.

if completed, or as otherwise Contractor, shall, if requested by Owner, provide to Owner or Owner’s

lenders documentation evidencing the proper payment of prevailing wages and maintenance of labor
records as required by the applicable requirements.

set forth below:Additional Prevailing Wage requirements may be set forth in the Lender Requirements attached to
this Agreement as an Exhibit.

§ 8.7.5 Section 3 Requirements.

The work performed under this contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 170lu ("Section 3"). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by Department of Housing and Urban Development
(HUD) assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to
low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing.

(If other than (1) The Contractor agrees to comply with HUD's regulations in 24 CFR Part 75, which implement
Section 3. As evidenced by its execution of this contract, the contractor certifies that it is under no contractual or
other impediment that would prevent it from complying with the Section 3 regulations.

(2) Pursuant to Section 3, to the greatest extent feasible, and consistent with existing Federal, state, and local laws
and regulations Contractor shall ensure:

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(A) that employment and training opportunities arising in connection with the Project are provided to Section 3
workers within the metropolitan area (or nonmetropolitan county) in which the Project is located. Where feasible,
priority for opportunities and training described above should be given to: (i) Section 3 workers residing within the
service area or the neighborhood of the project, and (ii) participants in YouthBuild programs; and

(B) that contracts for work awarded in connection with the Project are provided to business concerns that provide
economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in
which the Project is located. Where feasible, priority for opportunities and training described above should be given
to: (i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the
service area or the neighborhood of the Project, and (ii) participants in YouthBuild programs.

(3) Contractor will be considered to have complied with the Section 3 requirements, in the absence of evidence to
the contrary, if it certifies that it has followed the prioritization of effort set forth in subsection (1) above, and meets
or exceeds the applicable Section 3 benchmark as described in 24 C.F.R. 75.23(b).

in accordance (4) Contractor shall maintain records of its Section 3 activities and cause such records to be accurate
and current and in a form that allows the Owner to comply with the reporting requirements of 24 C.F.R. 75.25.
(5) Contractor shall require all subcontractors performing work on the Project to comply with the Section 3
requirements.

with AIA Document E203–2013, insert requirements for delivering (6) Noncompliance with Section 3
requirements may result in sanctions, termination of this contract for default, and debarment or suspension from
future HUD-assisted contracts.

§ 8.7.6 Nondiscrimination. Contractor shall comply with the following nondiscrimination requirements: Title VI of
the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the
Rehabilitation Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC 6101, et seq.);
Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. Part 107;
Executive Order 11246 as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as
amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as amended by Executive
Order 12608. During the performance of the Contract, the Contractor assures that no otherwise qualified person
shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination
based on race, color, national origin, sex, age, or disability, under any work performed pursuant to the Contract, as
required by the laws set forth above and all implementing regulations.

PAGE 11

§ 8.7.7 Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows:

...

(1) The Contractor will not discriminate against any employee or applicant for

...

employment because of race, color, creed, religion, sex, or national origin. The

...

contractor will take affirmative action to ensure that applicants are employed, and

...

that employees are treated during employment, without regard to their race, color,
Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and
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...

religion, creed, sex, or national origin. Such action shall include, but not be

...

limited to, the following: employment, upgrading, demotion, or transfer;

...

recruitment or recruitment advertising; layoffs or termination; rates of pay or

...

other forms of compensation; and selection for training, including apprenticeship.

...

The Contractor agrees to post in conspicuous places, available to employees and

...

applicants for employment, notices to be provided by the contracting officer

...

setting forth the provisions of this nondiscrimination clause.

...

(2) The Contractor will, in all solicitations or advertisements for employees placed by

...

or on behalf of the contractor, state that all qualified applicants will receive

...

consideration for employment without regard to race, color, religion, creed, sex,

...

or national origin.

...

(3) The Contractor will send to each labor union or representative of workers with

...

which the Contractor has a collective bargaining agreement or other contract or

...

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and
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 understanding, a notice to be provided by or at the direction of the Government

...

advising the labor union or workers representative of the Contractor’s

...

notice inelectronic format commitments under this section, and shall post copies of the notice
inconspicuous places available to employees and applicants for employment.

...

(4) The Contractor of will comply with all provisions of Executive Order No. 11246

...

of September 24, 1965, and with the rules, regulations, and relevant orders of the

...

Secretary of Labor.

...

(5) The Contractor will furnish all information and reports required by Executive

...

Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders

...

of the Secretary of Labor, or pursuant thereto, and will permit access to its books,

...

records, and accounts by HUD and the Secretary of Labor for purposes of

...

such as name, title, and email address investigation to ascertain compliance with such rules, regulations and
orders.

...

(6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses

...

of the recipient of this Contract or with any of the rules, regulations, or orders, the Contract may be

...

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
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 canceled, terminated, or suspended in whole or in part and the Contractor may be

...

declared ineligible for further contracts in accordance with procedures authorized

...

and whether in Executive Order No. 11246 of September 24, 1965, and such other sanctions as

...

and how may be imported and remedies invoked as provided in Executive Order No.

...

11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of

...

Labor or as otherwise provided by law.

...

(7) The Contractor will include the provisions of paragraphs (1) through (7) in every

...

subcontract or purchase order unless exempted by the rules, regulations, or orders

...

the system of the Secretary of Labor issued pursuant to section 204 of Executive Order No.

...

will be required 11246 of September 24, 1965, so that such provisions will be binding upon each

...

to generate subcontractor or vendor. The Contractor will take such action with respect to any

...

subcontract or purchase order as the Government may direct as a means of

...

enforcing such provisions including sanctions for noncompliance; provided,

...

however, that in the event a contractor becomes involved in, or is threatened with,

...

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
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 litigation with a subcontractor or vendor as a result of such direction by the

PAGE 12

Government, the contractor may request the United States to enter into such

...

litigation to protect the interest of the United States.

§ 8.7.8 Lead-based Paint. Contractor shall comply with the requirements of the Lead-Based Paint Poisoning
Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act (42
U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35.

§ 8.7.9 Conditions of Approval/Mitigation Measures. Contractor shall comply with the Conditions of
Approval/Mitigation Requirements set forth in an Exhibit to this Agreement.

read receipt for the transmission.)§ 8.7.10 Entire Agreement/Amendment. This Agreement (which includes any
exhibits, riders or schedules attached hereto) constitutes the entire agreement between the parties and there are no
other agreements, understandings, representations or warranties, oral or written, relating to the subject matter hereof
between the parties. The parties to this Contract have read and reviewed this Contract and agree that any rule of
construction to the effect that ambiguities are to be resolved against the drafting party (including, but not limited to,
Civil Code Section 1654) shall not apply to this Contract. This Agreement may not be amended, changed or
modified, in whole or in part, except in writing, signed by both parties.
§ 8.7.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same instrument.

...

§ 8.7 Other provisions:8.7.12 California Business and Professions Code Section 7030:
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE
CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE
COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A
COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS
MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE
LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CA 95826.

...

.4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as
indicated below:

...

...

(Insert the date of the E203-2013 incorporated into this Agreement.)

PAGE 13

[ ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
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...

(Insert the date of the E204-2017 incorporated into this Agreement.)

...

[ ] The Sustainability Plan:

...

Exhibit A: AIA Document A101™–2017, Insurance and Bonds

...

Exhibit B: Contractor’s Schedule of Values

...

Exhibit C: Contractor’s Qualifications and Exclusions

...

Exhibit D: Construction Schedule

...

Exhibit E: Drawings and Specifications (list)

...

Exhibit F: Lender & Investor Requirements

...

Exhibit G: Conditions of Approval/Mitigation Requirements

...

Exhibit H: Federal Labor Standards

...

Exhibit I: Davis Bacon Wage

...

Determination

PAGE 14

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
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 New Horizons Affordable Housing and
Development Inc.

Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and
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Certification of Document's Authenticity
AIA® Document D401™ – 2003

I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document
simultaneously with its associated Additions and Deletions Report and this certification at 22:22:07 ET on 08/22/2022
under Order No. 3104236993 from AIA Contract Documents software and that in preparing the attached final
document I made no changes to the original text of AIA® Document A101TM - 2017, Standard Form of Agreement
Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its
software, other than those additions and deletions shown in the associated Additions and Deletions Report.

_____________________________________________________________
(Signed)

_____________________________________________________________
(Title)

_____________________________________________________________
(Dated)

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be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
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