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Document A101 — 2007
Standard Form of Agreement Between Owner and Contractor where the basis of
payment is a Stipulated Sum
AGREEMENT made as of the 3 day of May
in the year two thousand, eleven
(In words, indicate dqv, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
This document has important legal
Town of Enfield consequences.Consultation,with
168 Enfield Main Rd an attorney is encouraged with
Ithaca, NY 14850 respect to its completion or
modification.
AIA Lccument A201 iM-200
General Conditions of the
Contract for Construction,is
and the Contractor: adopted in this document by
Wame, ;i.',$CI!Slatt./s, +.7LIaT'ess iota rher infi)r 711tio11; teferencs 10 no' Jae with other
general corditi"s unless hisr
D. Hillman & Sons document is modified.
3190 Westland Drive
Bouckville, NY 13310
for the following Project:
(Name, location and detailed description)
General Contractor
Proposed Highway Garage
475 Enfield Main Rd
State Rt 327
Ithaca, NY 14850
The Architect:
(Name, legal status, address and other information)
Resource Associates
27 North Church St
Cortland, NY 13045
The Owner and Contractor agree as follows.
Init AIA Domiment A101-—2007.Copyright 01915,1918,1925,1937.1961.1958,1961,1963,1967,1974,1977,1%7,1991,1997 and 2007 by The
American Institute of ArdAects.All rights;reserved.WARNMC3:This AL08owment is pr t9l U.&Copyright law end husrn*dOrrai Treaties.
Unauthorized reproduction or dhitirdmMon of tft ALOeDocumenit or wry portion:of it,rnny n>evlt at swera eitril and eairninsi penaNie:,and v1rW ire
t prosecutad to the maximum extent poser urlder'the law.Purches s are permitled tO reproduce tens(1D)copies of thisdocument whencomplet8d.
To report copyright v4wlons of AIA Contract Documents,&"uW The Anwicarr Instlltrte of-Architects'legal counsei,-copynght@a{a.org. 102809
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
3 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT X—XU NENiS
10 INSURANCE AND BONDS
ARTICLE I THE CONTRACT DOCUMENTS
The Contract Documents consist of-his.?greernent. - anditlons of-he Contract; enerai. Suppiernentary and:-:ther
^ondirions), Drawings,Speciticatiolts,Addenda issued prior o _:cecution of rhis Agreement,other docui .ents :ist��d ;n
-his_agreement anet Modifications issued :ttter execution of this AgTeement, all of which form,the Contract.ana areas
'oily a part of the Contract as if attached to Ehis Agrevtrent or repeated herein.The Contract represents tl�t 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,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 the date of this Agreement unless a different date is stated below
or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will be
fixed in a notice to proceed.)
If prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests_,the
Owner's time requirement shall be as follows:
§3.2 The Contract Time shall be measured from the date of commencement.
Init. Ala Document Al01" 2007.Copyright 01915,1918,1925,1937,1951,19 56,1961,1963,1967,1974,197T 1980,1987,1991,1997 and 2007 by The
American Institute of Architects.All tights reserved.WARNING:This AIA!Document Is protected by U.S.CoPyright law and inbrraionol Tteades.
Unauthorized reproduction or distribution of this ALO Document,or any portion of it may rewA In sevem civil and criminal penames,And will be 2
t prosecuted to the maximum extent posaibh under the law.Purchasers are pentiMW to reproduce ten(10)copies of this document when completed.To
report copyright vi"bons of AIA Contract Documents,e-mail The AmericanhsstMute of Arctritecis'legal counsel,copyright@aia.org.
§3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than one hundred eighty
( 180 )days from the date of commencement,or as follows:
(Insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of'the Work.)
Portion of the Work Substantial Completion Date
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for
hones payments ft)r eariv completion of the Work)
ARTICLE 4 CONTRACT SUM
9 4.1 TIe Omier shall pay the-.'antmc or_he+..onrract Sum in current_urds=i�r*he Contractor's oerfortnance or the
C,)ntr ct.The+ ontract Sum shall ve Nine hundred fifty-two thousand,nine hundred dollars
Doilars{s 952 , 900 ),subject to additions and ieducaons as provided in the Contract Documents.
$4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents
and are hereby accepted by the Owner:
(State the numbers or other identification ofaccepted alternates.If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement,attach a schedule of such other
alternates showing the amount for each and the date when that amount expires.)
Alternates 2 , 3 , 4, 5, 6, 7, 8 and 9 as listed on the bid form.
§4.3 Unit prices,if any:
(Identify and state the unit price,state quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit($0.00)
§4.4 Allowances included in the Contract-sum,if any:
(Identify allowance and state exclusions, if any,from the allowanceprice.)
Item Price J$0.00)
Ihft AIA Document A101TM-2007.Copyright*1915,1918,1925,1937,1951,1958,1961,1963.1967,1974,1977,19W,196T,1991,1997 and--2007 by The
American InstRute of Archilects.All rights reserved.WARNIM,This Au► Doeumad Is preI A I by u.S.Copyright Law and IrAernavanatTrsrties
un-11—i"d reproduction-or disMbufta ofthis A100ocument,or any portion of it.may romlt.in aware cM and erl ubul pertalthis,armiwiY be 3
! prosecuted to the maximum extern posalbie under the lair.Purchasers are permitted.-to reproduce ten(10)copies of this document,chart completed.To
report copyright violations of ALA contract Documents,e-mail The American lnsft to of Archltects'regal counsel,copyrlght@aaia.org.
ARTICLE 5 PAYMENTS
§5.1 PROGRESS PAYMENTS
§5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment-
issued by the Architect,the Owner shall make progress payments on account of the Contract Sam 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:
§5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th
day of a month,the Owner shall make payment of the certified amount to the Contractor of later than the 3 0 th
day of the month. If an Application for Payment is received by the Architect
after the application date rued above.payment shalt be made by-.he Owner not later than forty fi4e i
Jays_titer she.architect receives the application for i'ayment.
F���. .l. ..�,.� :)!'ir,�tJ! �CPf:; i3?U}':'"C(1!!1•" JC;1'!3�r'R?"_S'7717l77!l i:C'!'!t;11v ?r'1"!JCl t'!rll77L'_' .
5.1.4 Each.3pphcation for Payment shall be based on the ttlost recent schedule of values submitted by the Contractor
in accordance`.-with the`--'Ontract Documents.flie,schedule of values Shall allocate _he entire k-onira;t util among the
;various;.or:ions of the Work. The schedule of values shall be prepared in such form and supported by such data to
substanratc t;nccuracv is the.1rc;:itect:nay require. leis schedule. unless objecief:ro tie`he �rcnitect shail ire used
as a .asis _or marac'cr'; :kpolications `or layine?t.
5.;.3 Applications for?avmem.ihail show the percentage of completion of each portion of-he'%A/ork as of the end of
the period covered by the:application for Payment.
§5.1.6 Subject to other provisions of the Contract Documents,the arnount of each progress payment shall be computed
as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values,less retainage of f ive
percent( 5 %).Pending final determination of cost to the Owner of changes in the Work,
amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007,
General Conditions of the Contract for Construction;
.2 Add 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),less retainage of
f ive percent.( 5 %);
.3 Subtract the aggregate of previous payments made by the Owner;and
.4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as
provided in Section 9.5 of AIA Document A201-2007.
§5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the
following circumstances:
.1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full
amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,
retainage applicable to such work and unsettled claims and
(Section 9.8.5.ofAL4 Document A201-2007 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety, if any.)
.2 Add,if final-completion of the Work is thereafter materially delayed-through no fault of the Contractor,
any additional amounts payable in accordance with Section 9.19.3 of AIA Document A201 2007.
AIA Document A101--2007.Copyright 0 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The
snit. American Institute of Architects.All rights reserved.WARMNG.This A10Document is protected by U.S.Copyright Law and internattonat Treatise.; 4,
Unauthorized reproduction or distribution of this Ate Document,or any portion of m mw result in severe deli and criminal penalties,and will be
/ prosecuted to the maximum extent post"under the taw.Purchasers are permitted to reproduce ben(10)copies of this document when completed.To
report copyright violations of AIA Contract Documents.e-mail The American institute of Architects'legal counsel,copynght@ata.arg.
§5.1.8 Reduction or limitation of retainage,if any,shall be as follows:
(If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the
percentages inserted in Sections 5.1.6.1 and.5.1.6.2 above,and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction oi-limitation.)
§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 fuily performed the Contract except forthe Contractor's responsibility ro correct
Work as provided in Section i 2.2.2-)C.A]A ^ocument A_0 t 2100,7,and to satisi.y xher requiremears. if
any_�vilicn e,-tend beyond tinai paycrent:and
.2 a final t:�rtiticate:or`ivrnenr has be.m issued by the_Architect.
5.2.2 T he;Ik ner's €inai pavinerit to the'Cintractor shall be made no iater_ban 30 days after the issuance of€he
architect's final Certificate for Payment.or as follows:
ARTICLE 6 DISPUTE RESOLUTION
§6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 2007,unless the
parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker.
(If the parties mutualiv agree, insert the name,address and other contact information of the Initial Decision Maker, if
other than the Architect.)
§6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the
method of binding dispute resolution shall be as follows:
(Check the appropriate box.If the Owner and Contractor do not select a method of binding dispute resolution below, 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.)
❑ Arbitration pursuant to Section 15.4.of AIA Document A201-2007
❑ Litigation in a court of competent jurisdiction
❑ Other: (Spec)
AIA Document A101 Te-2007.Copyright*1915,1918,1925,M7,1951,1958,1961,1963,1967,1974,1977,19W,1987,1991,1997 and 2DO7 by The
Init. American Institute of Ards.An rights reserved,wApjnmG:rids AW Document is ptvbcledhy.t1.8.Copyright Law and huernado"Treadw 5
Unauthorized reproduction or dh&Rm tion of this AiO vocument,or arty portion of A may rou*in seven etw1 and.crfminal pen*Nlea,,and wig be
prosecuted to the maximum extent possible under the law.Pumhasers am permitted:to reproduce ten(10)copies of No.document when completed:To
rely copyng t violations of AIA Contract Doc urnertts,efrtmil The Arnencen Irrslthite of Architects'-legal counsel,copynght@ata.org.
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
A201-2007.
§7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A20.1-2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract'
Documents.
§8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below,or in the absence thereof.at the legal rate prevailing from time to time at the place where the Project is located.
i7nsY7?rate of interest��r•eUd�rpon, if iirn-'
,. .. ,
ant, _d(.h',tS,- 177 7TO 777i7710 71
Roy Barriere, Supervisor
168 Enfield Main Rd.
Ithaca, NY 14850
3.4 The C'ontraetor ; >eprzsenia�.i;,e:
('Name, _W'dr'ss and JPiter%lnorinart077)
§8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
§8,6 Other provisions:
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are-enumerated in the
sections below.
§.9.1.1 The Agreement is this executed AIA DocumentA301 2007,Standard Form of Agreement Between.owner and
Contractor.
§9.1.2 The General Conditions are AIA Document A201 2007,General Conditions of the Contract for Construction-
§9.1.3 The Supplementary and other Conditions of the Contract
Document Title Pages
AIA Document A101 M—2007.Copyright 0 1915,1918,1925,1937,1951,1958,1961,1963.1%7,1974.i977,19m,19a7,1991 1997 and 2007 by The
Init American Institute of Architects.All rights reserved WARNING;This-AlAeDocrunmAU vmtected by-U;&CdpyrW Lawand_kdamadonatTreaWs. 6
Unauthorized reproducti—or distribution of this Ai0ooeument,or a rporti of'it,nasy r*u*-in serene etrd and criminat pules,andwIN be
prosecuted to the maximum extent possible under the law.Purchasers-are-pemNlted to-ngwaduce`ten 410)copies of this document"when completed.To
report copyright violations of AIA Contract Documents,e-mail the American Institute of Architects'legal counsel,copyright@aia.org.
§9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section Title Data Pages
Specifications entitle "Specifications for Proposed Highway
Garage, 475 Enfield Main Road, Ithaca, New York 14850
dated January 31,2011
§9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this.4 eement.)
Number Tide Date
see Exhibit A
9.1.6 The Addenda. if any:
Number 'Date 'aged
1 February 24,2011 16
2
March 10, 2011 1
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
§9.1.7 Additional documents,if any,forming part of the Contract Documents:
.1 AIA Document E201 T"-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following
.2 Other documents,if any,listed below:
(List here any additional documents that are intended to form part of the Contract Documents.AL4 Document A201-
2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders,sample
forms and the Contractor's bid are notpart of the Contract Documents unless enumerated in this Agreement.They
should be listed here only if intended to be part of the Contract Documents.)
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1-1 of AlA Document
A201-2007.
(State bonding requirements,if any..and.lirnits of liabililyfor insurance required in Article 11 ofA Document
A201-2007.)
Type of Insurance-or Bond "i j Liffty or Bpnd Ampunt u>�
Performance bond o contract a o t
Payment bond 1000 of contract -Amount
General Liability $2 million
OCP (GG) $1 million
Init AIA Documont A1o1TM-2007.Copyright®1915,'1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,.1987,1991,1997 and2007 by The
American Institute of Architects.Ail eights rsaarvad WARNiM(i:TMs-ARODOCUMeaISpMftK*W-by,U.S Copyrigm law and iWmrnatlonatTralies.
Una ad rsproducttoa or distr�6tos orfhis AW -ma ono
portion o t: rosukin-ware cwd.and c iminai pwmii3m=W wNi be 7
/ prosemwdto tha 11aximuro:ax11OK P086160 under"law.Pwchasers are permitted W reproduce ten oo)--copies of this document-when .To
report copyri0 v ns_of AIA Contract Documents,e-mail The Ameeic m Insftde atA chitseb',,I KW:counsel,-copyrightCaiaeorg.
This Agreement entered into as of the day and year first written above.
OWNER(Signature] 4CONC90 (Signature)
Roy Barriere, Supervisor
(Printed name and title) t rinted n e and-t✓ittlle)
F-:a _� �S.^.y'i,+'-: .!, J.�_e.:..i"v"r�s:¢ter aFS -iFs__ ..=L-•%ti ,f.' s: :3:a'�L.`':5
Ink AIA Document A101"r-2007.Copyright 0 1915,1918,1925.1937,1951,1958,1981,1963,1967,1974,1977,1980,1987.1991,t997 and 2007 by The
American Institute of•Architects.All rights reserved WAttllNM6 #fiis AtAsl<loaratpnt s.pnobctsd bye-8.CopYrtdiAttaleasilAtlurntloAai T> 8
Lb a dvwked repmdvoSoq:or dk&Muftn GfIM*AWDocUsM.,Gtaay.Vmtion at it,may ,spaainsarws.d+tk'>�d viw�praalMes jod AdN b r
f proseculed.ln*0 awn extWK possum*Under ihs law.Purchasers are permitted to reproduce ten(10)copies of this:docutnentWhen completed_To
report copyright violations of AM Contract Documents;e-mail-The-Amerkmn institute--of-Arch legal eounsal;ooPYrV*@*-,0r9