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HomeMy WebLinkAbouthighway fac contracts-20150709155748.pdf AIA Document A1 01 - 2001 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the f day of May in the year two thousand, eleven (In words, indicate dav, month and near.) BETWEEN the Owner: (Name, legal status; address and other inforination) This document has important legal ; Town of Enfield consequences.Consultation with 168 Enfield Main Rd an attorney is encouraged with Ithaca, NY 14850 espect to its completion or modificaticn. AIA Document i1,201`m 200 , General Conditions of the` Contract for Construction.is and the Contractor: adopted in this documentbV (;Vttme. c,ai sarlus, rcidress :rrtt iil7er I7Tur%nt;ti+m; <erer.nce. �c no,use .vith:ether general<orditi,rls unless;his Shisler Electrical Contractor, Inc document is modified. 408 Second St . Ithaca, NY 14850 for the following Project: (Name, location and detailed description) Electrical Contract 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. AIA Document Aim——2007.Copyright O1915,1918,1925,la37,,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American institute of Architects.All rights reserved.WARMNG-This AIAeDocument is protected'.by U.S.Copyright Law and international Treaties. � Unauthorized reproduction or distribution of this AL0 Document,or any por ion of it,may result in severs civil and criminal penalties,and will:be / prosecuted to the maximum extent possible under the law.Purchasers are pennitted:to reproduce ten(1%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. 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°CONTRiaC-DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The:�Jntract DOS ne.1T.S JISiSt JL 11:s :> n?emel[,'_iltlCllti 0i75 ?1 }lei ontract lGeneml. Su)Oiel and other --ondi-tions„ Drawings. -recifications. Addeiida'Issued prior L - ..ution o his At;reetnent.other.jocunient 'tsC','u :n :his agree i7ent and VtodlflcatloriS t ea lr e."ecution T this vreen?ent all %7r Il c;l of n the Contract.and are .is iil,i a par Jfthe'�ontract as:f att shed to .hla_kgrc2ment or repeated herem The Contract represents-,[-.-- entire and ntearated 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,stale 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. AIA Document A101--2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The Init. American institute of Architects.Ali rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and Intemationet Treaties. Z Unauthorized reproduction or distribution of this A10 Document,or argr portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)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. §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 oJ'calendar days.Alternatively,a calendar date may he used when coordinated with the date of commencement. Ifoppropriate, insert requirementsfor earlier Substantial Completion nfcertain portions ofthe Work) Portion of the Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ifuny,,for liquidated damages relating ro failure to achieve Substantial Completion on time or.for bonus puymews for eariv completion(?{the ff,ork.j ,ARTICLE 4 CONTRACT SUM' .' The Ov+ner shall pa }he rtrac:nr he 'onrract Sum t1 cure:lrurds yr 11e Contractor`s oerfonranceof,he '—ntraa. The ontract Sum:;hail -se one hundred eight thousand, six hundred sixty dollars Doilats S 10 8 , 66 0 - ),subject to additions and deductions 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 of accepted alternates. If'the bidding or proposul documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the umouni 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: (Identit'y 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 allowance price,) Item Price($0.00) Init AfA Document A101 TM—2007.Copyright©1915,1918,1925,1937,-1951,1958 1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WASMNG:This AIAeDocument Is protected by U.3.Copyright Law and Intomational Trams. 3 Unauthorized reproduction or distribution ofth�AW Document,or any portion of it,may rosuit,in severe civil and criminal penalties,aW will be t prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)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_ 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 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: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5 th day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the 30th day of the month. If an Application for Payment is received by the Architect after the Application date _,,,ed_snot,_. Jant,,,nt.,hall be:lade'x'`he,,wner not later than forty five dais :iiter he architect receives the appiication for Payment .?(. ::f' .'.4^acn;pDfication for payment sh'4il be based oil the nio5t re e, t-schedule:)t ;alues submitted by the Contractor ' - _ontrac:t quill -among the to i t in with I e ...0 ,tial:t Documents.T1. ti(.tleClulc,+lt apses�.lttll 111U�ltc Ile .�tltite various;)lr`.uons of the `A,o k.T Ile schedule of values illall be prepared in such form and supporter!by suchdara-.to �upS,afitihc .,< -iti t11 C'! i5 tfie Ct znav `'e';uire. —'as sciredl.le. unless obje tee _1.`U Jt the rC liteCt_lhClil be used 1S 'utiiS i�C'l::vR ti,?g I;,e \pOicarions `Qi P-a 'inent. - - - 5.'1.3A,ppiications fUr Paynient .null show the percentage of yOtr pietion of each portion-ter:he>Nork as Uf theend 01 the period covered by the Application for Payment_ §5.1.5 Subject to other provisions of the Contract Documents,the amount 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 A201-1-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Stun 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 of AIA Document A201-2007 requires release of`applicable retainage upon Substantial Completion of work with consent of'surei)4 if'any.) .2 Add,if finaLcompletion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. AIA Document A1011-2007.Copyright 0 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This A10 Document is protected by U.S.Copyright Law and international Treaties. 4 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel;eopyright@aia.org_ §5.1.8 Reduction or limitation ofretainage,if any,shall be as follows: (l(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 or 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 Sutra.shall be made by the Owner to the Contractor when 1 the Contractor-Aas fullg performed the Contract'except (-r the r'mtractor's responsibility°o Correct Nor+.<as?rovtded;n Section 13.2 ,f A ,Document 20 i`-Ou -md`o satisfy )ther reqUircments.,tr any_ . nic.1..stend bevono rinai ;payment;and .2 a final i':rtifcaie or-J' -Tent has neon issued 1w the Arcil eet. „ 3 5.2.2 he:,wrier s �tnai paynunt_o ttie°...oritractor snail he no later_han 30 days after die,ssaance of;he Architect's <inat Certificate tLor•paytnent. .-)r ats 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 mutually 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:(Specify) . AIA Document A101——2007.Copyright©1915,1918,1925,1937,-1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING.This A100ocument is protected by U.S.Copyright taw and International Trestles. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)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. ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article t4 of AIA Document A201-2007 §7.2 The.Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. 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 Conti-act shall bear interest from the date payment is due at the rate stated below,or;n the absence thereof,at the legal rate prevailing from time to rime at the place where the Project is located. ilnsert;,nte of interest sr agreed upon. 'faniv.! Roy Barriere, Supervisor 168 Enfield Main Rd. Ithaca, NY 14850 3.4 T!lc :_'ontractct epreseniary t-: rNunte. _Iiidress C111u other rrmrrinaron, §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 Document A101-2007,Standard Farm 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 Date Pages init AIA Document A101� —2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1863,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.Ail rights reserved.WARNING:This AIA°Documsat is protected by U.S.Copyright Law,and intsmational Treaties. S Unauthorized reproduction or distribution of this AIAe Document,or any portion of'it may reariit in sevee'dwl and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(1o),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.arg. §11.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title pate 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 Agreement) Number Title Cate see Exhibit A '9.1.6 ,?te:',ud..nda. +f anr. Number Date dqe� 1 February` 24,2011 16 1 2 March 10 2011 Portions of Addenda relating to bidding requirements are,lot part of the Contract Documents unless the bidding requirements are also enumerated in this Article 0. §9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201Tm-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.ALA 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 not part 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 11 of AJ A.Doc rnent A201-2007. (State bonding requirements,if any;.and limits of liability for insurance required in Article l j ofAIA Document A201-2007.) Type of Insurance or Bond' i of Liab"lty or B nd Amount''��GpA, Performance bond o con ract allouht Payment bond 1000 of contract amount General Liability $2 million OCP (GG) $1 million AIA Document A101 Y —2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,-1987,1991,1997 and 2007 by Tite Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is pr*bK:rd-by,u.s.Copyright Law and intematfonaiTreaties. 7 unauthorized reproduction or distribution of this ALA!Document,or any portion of n:may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.Purchasers ar&permitted to reproduce ten(10)copies of:this document when completed.To report copyright violations of ALA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright0aia:org. This Agreement ntered into as of the day and year first written above. OWNER(Signature) -- - CONTRAC R(Signature) Roy Barriere, Supervisor �� � 1.S( i ov pas l (Printed name and title) (Printe .game and title) ..yam:_an - _m',ass-'­ .i: trait AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 1997 and2007 by The American Institute of Architects.All rights reserved.WARM This-AIA*Document is protectedby U.S.Cop.ynghtLawandirAmnatior4dTisafim Unau#w m9d reVrc n ar distribution portion oM may resoi#in be t prosecuted to the m extent possible under the taw.Purchasers are permitted to reproduce ten(10)copies of this document when compieted.To report copyright violations of AIA Contract Documents,e-mail The American Institute-of Architects'legal counsel,copyright@ai&org_