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HomeMy WebLinkAbouthighway fac contracts-20150709155820.pdf XA1Aut - Standaid Fbrm ofAgrement Between &mer and ConhwW w1mie ft basis of payment is a Stipulated Sum made as of the Thirtieth dayof ,, in the year two thousand, eleven (1n Torras,zndzc d",month and year_ BETWEEN the Owner. (dame, legal status,address and other mformahon) This documaM has irrtpa +t to Town of Enfield owsequaxm. 168 Enfield Main Rd an attomeyisencouraged a esp to as carndetion or Ithaca, NY 14850 modification- 0 s c--r}eras Con tions of the � sstras;t for Gsmsttus::ic�r..is and the Contfractor. i{ i c �t�d m this--mmmr,,tt hV?.y��� t:-Y �, 1t=.7U<stains,S.i4ett��� L{tLf idil�'+� C) 1T�d.3J�.•` F tG�aRfwO_ T—se mint ifs':vm Daniel, J. D'Amico plumbing and Heating Co. ,Inci d4C,3tTter=t;STi . 68 Middle Street Geneva, NY 14456 for the following Project {Naame,locamn and detailed 1 HVAC Contract Proposed Highway Garage 475 Enfield Main Rd State Rt 327 Ithaca, NY 14856 The Aichitect- (Nmw. legal status,address and other-mfonnaiion) Resource Associates 27 North Church St Cortland, NY 13445 The Ovmer and Contmcwr agree as follows. NA A1d11——2007. Q MG 1919:tM nV3 IM1,1958 IM,19W,1967,1974,197Y IW�1991,"I997 and- #her llft _Amwicw irmk to of.Aron#tecw A4 righ 79sis Ate' is tf� 3 aw ae�d Tiffs � UvwWwrized or d AW00==Mk ores y pos#Wss of 1t.mag rest ks CW*Avd essd wig tre / pr osetxrte d#o ttre tsrasrisxssn Est ihs kw.FWthmana t��13�mfsies�-this documerd when compfeted. To report copyrk t AoWorre of ALA� - of- •Legal cxsamds -oopydghtgais-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 S DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE? TIME CONTRACT DOCUMENTS Tile Contract Docurrietns eonsist o -his Agreement,'Conditions o he Contract•Generai. juppiementar,, and=;ther iOnilI[1t3n57, L�T.1G'in>S,� ecltl43FiL s?S,. G4ellG;et aSsiled I;r�(tI _i� �:�s�c'ution-of this Agreement,odl£r:�0cu ents i' ..: in :Iais_Agreement anc Modifications s5uea a r ec tIt n of this_3. regiment all t �I?c Farm the Contract..L�tIEf 1t is 'wily a Fart of the Contract as if attached to dus Agreement or reepeated herein.The Conrract represents tl:.,entire Wid 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 descriibed 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 dif fers,irons the date of this Agreement or;if applicable,swe that the date wiff be fixed in a notice to proceed) {' r, If,prior to the commencement of the Work,the Owner requires time to file mortgages and other seeurity intmvsts the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement trtlt. AIA Document A101-—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987.1991,1997 and 2007 by Z1ie American Institute of Ae 6ects.AN rights reserved. Thk Alo comment is proicted by UA Copyright Law and intsmadonstTresum U—uthodzed reproduction or distribution of this A10 Dceurnont,or any portion or tt,msy resarit ssmsre civet and crimirfai 2 Prosecuted to the-w*r xts exi snt paselble under the ime.Pumhasers are permitted to reproduce ten 00)GOOGS of this docuMerd r ompieted.To rePort copyright violations at AtA Contract Documents,e-mad Th a An -insMLdo of Architects'legal counsel,copyright@aja.Qrg. §3.3 The Contractor shad achieve Substantial Completion of the entire Work not later than one hundred eighty ( 180 j days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used it-,hen coordinated with the date of commencement.ff appropriate. insert requiremenis,for earlier Substantial Completion c f certain portions of the Work) Portion of the Work Substantiat Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prop=isicsrzs, tf any,fir liquidated damages relcrriaab to*ailure to achieve.Substantial Completion on time orfor honors pat ment s jbr early completion of theWork.) ARTICLE 4 CONTRACT SUS J 41 77-le Owner shalt Day he ..'cntractnr d$e 4.1ontract Sure it current:ands.For he Contractor's performance of he `.sintract. The Contract Sum shall ;weighty-two thousand,six hundred seventy-six oilars i $2, 6 7 6 ;,subzect to additions and seductions as provided in the Contract Documents. 4.2'The Contract Sum is rased upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner. (State the numbers or other identification ref ac cepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the ececution of this Agreement.attach a schedule of such other alternates showing the amount for each and the elate when that amount ochres.j Alternates 2, 3, 4,5, 6, 7,8 and 9 as listed on the bid form. §4.3 Unit prices,if any: (Ident j&and state the unit price;state quantaty laa►aatations, tf any,to which the unit price will be applicable.) Item Units and Limbdons Price per Unit{$O.OQ} §4.4 Allowances included in the Conuaa Sum,if auy: (Identify allowance and state.ea clrrsmas, fan,from the allowance price) Item Price f$0.00) - Init AIA document A101�°°—2007.Copyright @ 1915,1918,1925,1937,1951.1958,1961,1963,1967,1974,1977,1980;1987,1991,1997 and2W7 by The American Institute of Architects.All rights reserved.VURNIM:This AIAeDocnmerri l:praledgQbq U.S.Copyright aw arm t ara€Tr e 3 Unauthorized reproduction or distrr'buttan often,ALODocumast,or any P*rtkm of it.MMY ea�.in Swore cMi and rrtnenst per. will be ! Prosecuted to the maximum extent possible under the taw.Purchasers are egennitted to reproduce ten(10)copies of this documert.when completed.To report copyright vioiations of AtA Contract Documents,e4nati The Ammican insUftft of Architects'tegat counsel,rApyright ace.org: ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS 5.1.1 Rased upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Pant issued by the Architect,the Owner shall snake progress payments on account of the Contract Swim to the Contractor as provided below and elsewhere in the Contract Documents_ §5.12 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 tY 3ath day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the day of the month, if an:application for Payment is received by the:architect at"ter the application date 11�f ed above.pavinent shall be l aadt:b _lie Owner aot later than forty five Jays 'after ale.-Iachitect 1•W.cives die Application Ior?aytn_ent. r,='..,re:s•.r' - :r: r :i - �• f. :.Y,. t.t#.E;Tyr i 7T�1ir a ce!,r,('Wy aY ;f?Ci t ->. c�L :r�Ci. 4 .Ift7C' ent shall be bled on t_he,rtostrece�t_schedule:tt v aiues submitted by the Contractor Each: plicati4n for pa�.m in acuor°uan;:e, ith rite ..ontract Documeats.The schedule Lit .'aloes sriall allocaae_he entire==;tnimct Surd trpong the various portions of'he Work. :"tie schedule of values shall be;prepared to such form and supported by such data to substantlaze .t'; -as he:architect.- y require. !,is schedule.Finless oblecteu 4 bV?he Arcnitect_stEai S?e ased as_i'i s:is :Or z,:viev ing't4 1 n,c colr:. , e.p icafions_ °' 3lyme`.t. 5.1.5 applications for Payment Shall show the percenta e of comPletionof each^Grtion of_he tAfork as of the end of the period covered by the:application for Payment. J 5.1.fr Subject to ether 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 ire percent( 5 °lo).Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 73.9 of AIA Document A20ITm-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-.ilxplete Word„ retainage applicable to such work and unsettled claims;and (Section 9.8.5.o_fAL4 DocumentA20I-2007 requires release'af'applicuhle retainage upon Substantial Completion of'Work with consent afsurety, U"a?V.) .2 Add,if finaLcompietion of the Work is thaeaftm materially delayvcl tlrough no fault of the , any additional amounts payable in accordance with Section 9.fO.3 of AIA Document A201-2fl07. lPtlt AIA Document A101-—2007.Copyright a 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,WA€t ONG_This A10 Document is protected by U.S.Copyright Law and international Tim, Unauthorized reproduction or dis&ftafion of rift A10 or any portion of it,may remit in wwom s:'svii and criminal PNWIBG14 and VM be prosecuted to the maxirniurr the law.Pmdta m are permitted to reproduce ten(10)copies of this doetunent when completed.To report copyright violations of AtA contract D nts,e-mati The American 1natute of Architects°legal counsel, ,t>ry, §5.1.8 Reduction or limitation of retainage,many,shall be as follows: (tf 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_I_6I ands I_b:2 above,and this is not explained elselvhere in the Contract Documents, invert 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 Sum,shall be made by the Owner to the Contractor when A the Conmictor has full;performed the Contract except for the C-ontractor s responsibility to correct Worlt as orovided in-Section ;A Document=A20 200 7,and to satisftf .ether requirements. if anv_w1imn�:xtenu Devond finai payment: anti .2 a final Cam". '6cate for 11-tvnienr has be;=i issued bw the Architect 3 2.`T1ae"wrier's unai payment zo he C,)P ractor shall be°Wade no rater--han 30 dabs:titer the isviance og�he Architect's final Certificate for navment. )r 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 AM 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 anform aeon of"the lnwal 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 Docuirnent A201 20W,the method of binding dispute resolution shalt be as follows (Check the appropriate box.If the Owner and Contractor do not select a method.of binding&Write resolutions below,or do not subsequentby agree in writing to a binding dispute resolution method other than lit4olion.Claims will be resolved by litigation in a court of competent jurisdiction.) _ ❑ Arbitration pursuant to Section 15.4of AIA Document A201-2007 Litigation in a court of competent jurisdiction ❑ Other. (Specify) ir1 AIA Document A101 TM—20o7.Copyright*1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,19M 1987,1991,1997 and 20d7 by The American institute of Architects.All rights resarvad. Atd4attt9s Pry tape and bvwmdonal TreaNiats, Unauthorized reproduction or sibbRK Hon sf ffift Ale or? n of-It,tnayrr>taukbt a e #arwt orhtaeiat p "110 ,a W WM be t Wwwcutad to the maximum extant yassibile-mder the low.Punftws ani permitted:to repmduce tot(10)cools of this.document when completed.To rePort COPYnght Wgegons ofAiA ConbW D=mw ta,a the Amemm lrzas&de of Architects',legal raaunsgt,C0Pydght@a1a.0rg. 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 A20 t—2007. §7.2 The Work may be suspended by the Owner as provided in Article 14 of ALA Document A20I-2047_ ARTICLE 8 MISCELLAMEOUS PROVISIONS §8.1 Where reference is trade in this Agreement to a provision of AlA Document A201-1-007 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 data:pa}°me tt is due at the rate stated below,or in the absence thereof;at he legal ate prevailing from time to time at the place where the Project is located. fInsert:cate of into,•cyst.geed upor. Jfczrr� se- dw Roy Barriere, Supervisor 168 Enfield Main Rd, Ithaca, NY 14850 3.4 T lie `ontract_or`i representative: ovalne, --idan ss Cfna airhe'r.mO 1FtLie:um §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the outer party. §8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contact Documents,except for Modifications issued after execution of this Agreement,are:er�in the sections below. - §9.1.1 The Agreement is this executed AIA Document 101-2007,Standard Form of Agreement Between 0v and Contractor. §9.1.2 The General Conditions are-i A ent AMI-2007,Gewffal Cm&t oas of1her"w CEtt35tr8�E3II_ §9.1.3 The Supplementary and.other Conditions of the Contract Document Title Pates ALA Document A101 n"-2007.Copyright 91915,1918,1925,1937,195y1,Ism 1961,1953.1961,1974,1977,19W,.1907,t991;M7-and 2007 by The American Institute of Architects.Ail right reserved:wARNING.Thit AtA Document Ys proteatad toy iy.S.apt/ Laws and Defoe Treaties. Unauthorized reproduction or distribution of this A ODocument,or any pattios+etit,may rat-Irrsaya 't and' t P ttie artd wtil be 6 prosecuted to the maximum extent l� sibla++nder tote tawr.Purchasers.are pair f to reproduce ten{10j.GWes of tft document Mien rompiew.To Po PYnght violations of AIA Gonhad oocunmft The-Arnim in *AO of oopyri9htQaia.otg §9.1.4 The Specifications: (Either list the Specifmctnions here or refer to an exhibit attached to this.4greement.) Section Title Date rages 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 geemmmem Number Title see Exhibit A 9.4.6 The Addenda. ifaU1 ; Numberlateaaev 1 February 24,2011 16' 2 March 10, 2011_ 1 Portions of Addenda relating to bidding requirements are not part of=he Contract Doc;irtt nts 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 ALA Document E20IT"t-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following. .2 ®then documents,if any,listed below. (List here any additional documents that are intended to fomrmm part of the Cataract Doeunments.Af Document A201— 2007provides that bidding requirements such as advertisement or invitation to bh4 Instructions to Bidders,sample forms and the Contractor's hid are notpart of the Contract Dommews unless per-sited in this's Agreement.. They should be limed here only i rintended to be part of the Contract Docammenu.) ARTICLE 10 INSURANCE ARID BONDS The Contractor shall purchase and maintain insurance and provide bands as set forth in Article I 1 of A20I-2007. - -- (State bonding requirements,if any,and-Trails of liabilityfior inszrrance required in Arficle I?a nent ,4201 2007.) -; Type of insu Stand . l Y��,.iiIty or Performance bond a o contract°u a-11 Payment bond 100% of contract amount General Liability $2 million OCP (GG) $1 million tntt. AIA Document A10YTM—2007.Copyright C 1915,191a.1925,1937,1951,1958,1961,1963,1967,1974-,f 8�977,19 ,.1987,1991,199T and2W by The American institute of Architects.Alt rights reserved:VW6%4M:This-Al0 oo¢ument is d.by U.S.GWPW9 L W and kdwnadorwlvsmdm unauthorized rspr0duCV0*or&*r#md=of this-AlODocu m em,°orarttrporttm of i%-n*yTiiwm`in severe'civi!and criminal'P .and be T / prosecuted to the ramaximum:extentw po Under the faw.PurrAasem are_Fermftted t0 reproduce tan(10)-copies ofthin doeuffmA v tm To rePart COPA ht viWaWns of ALA Contract Dowmerds,e-mail The Amarjcan Instilute ofArchtitectW regal-counsel,: :org. This Agree me entered into as of the day and year first written above. OWNER(Signature) CONTRACTOR(Signature) Roy Barriere, Supervisor , �df� (Printed name and title) (Printed name and title) ` AIA Document A11011"—2007.Copydght0191b,1918,1925.1937,1951,1958,1961,1963,1967,1974,1977,1980,IW7,1991.t997 and 2007 byThe American Institute of Architects.An ruts nmeme&vummea This.Amo is pr*h cted by#m cartas 7aestis - Ueau#wxttod hurt or die a€#t"Al'e. ,-imr,wW of O,way re --sw s dkd['�d e+ia bwAVPnai0es,-An&rw7l bir i prosecuted to dw aim exibartt'possibb underthe Ears.Purchasers are-permitted to reproduce ten(10)copie&ofth s document when completed_To report copyright violations of AiA Contract Documents;e-mail The American Institute of Archftects'tegai-counsel,copyright@aia.org.