HomeMy WebLinkAbouthighway fac contracts-20150709155851.pdf - =AIA 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 CAS* day of May
in the year two thousand, eleven
(In words, indicate day, month and near.)
BETWEEN the Owner:
(Name, legal statics,address and other information)
This document has important legal,
Town of Enfield consequences.Consultation Mth
168 Enfield Main Rd an attorney is encouraged with
Ithaca, NY 14850 respect to its completion or
modification.
AIA Document A201'"-200,
General Conditions of the
Contract for Construction.is
and the Contractor: adopted-in this ocumertb,4
'.,Varne ic,,xai IIL1I71?. _iLIa7"Y�,S ,_.hL1 W7fT ill_fUi1117611017i - e'rerer cs ,C pOi.:33e Nitl'.other
AVolio Brothers LLC 3enerai coraiti,ns unless:his
document is modified.
197 Wightman Road
Norwich, NY 13815
for the following Project:
(Name, location and detailed description)
Plumbing 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 A101-—2007.Copyright Q 1915,1918,1925,1937,1951.1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The
Init. American Institute of Architects.All rights reserved.WARNING:This NAeDocument is protected by U.&Copyright Law and international Treaties.
Unauthorized reproduction or distribution of this At a Document,or any portion of it,may result in severe"and criminal penalties,and will be
/ prosecuted to the maximum extent possible under the law.Purchasais are permitted to reproduce ten(10)copies of this document when completed.
To report copyright violations of AIA Contract Documents;9-mad The American Institute of Architects'legal counsel,.00pyright@aia.org. 1028M
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 NUMERATION-^r-F vONTRACT XjMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of-his .A reement, . onditions o `he Contras `'General. Supi)iernei tar, ana_,.her
onditiors . ras�'ines. r;eciticatic,is, Addeiida Issued 7ri�r,iz 'y�.tdo of.his Ao-Teetnent. other doc nient ist d ":n
`leis agreement anti Moditications issued afixrsecs tr^n of this '_reernent all o -hich=o_rn the _oniracr and are-as
i1ffl as if
Croniract
part-if
agreement betvteen the partiessLitereto and supersedes prior negotiations representations ortagre entire and
y
agreements,zither
written or oral. An enumeration of the Contract Documents,other than a Modification,appears to Article q,
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
AIA Document A101 m—2007.Copyright C 1915,1918,1925,1937,1951,190,1961,1963,1967,1974,1977,1980,1987,1991,-1997 and 2007 by The
Init. American institute of Architects.All rights reserved.WARNING:This NO Document is protected by U.S.Copyright Latin and hftmadonal Treaties.
Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may wit in severe chAi and criminal penalties,and win be 2
t prosecuted to the maximum extent possible under the taw.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 tnstitute 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 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 nf'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. i{any,.lbr liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus payments f i)r early completion of the l'i ork_)
ARTICLE 4 CONTRACT SUM
§4.1 7,,e Owner small pay the°_'ontrac:or=he�'omract Sum,in current?ands For the, ontractoi's perfoi-wanc--of ti-le
The'---ontrict Sum shall ' efourty two thousand, four hundred sixty-four dollars
Dollars f$ 42 , 464 r,subject to additions and deductions as prowided 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 vf'accepted alternates. tf'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, f any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit($0.00)
§4A Allowances included in the Contract_Sum,if any
(Identify allowance and state exclusions, if any,from the allowance price.)
Item Price($0.00)
Init AIA Document A101 Tm—2007.Copyright 01915,1918,1925,1937,1961,1958,1961,1963,1967,1974;1977,1980;1987,1991,1997 and 2007 by The
American institute of Architects.All rights reserved.WARNING:This AIA Document is-I A A d by UJIL copyright Laarand i rnationai'7Yad s, 3
Unauthorized reproduction or distribution of this A10Document,or any portion of it,may rest in=were civil and criminal penalties,arntwill be
t prosecuted to the maximum extent possible under the law.Purchasers are permiited.to reproduce ten(10)copies of this document Men completed.To
report copyright violations of AIA Contract Documents,e-mail The-American Institute of Architects'legal counsel,copy+right@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 snake progress payments on account of the Contract Stun 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 Pavment 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
tt t;:c d above.paukc em shall be ;made by .he d Nvner not later than fort five
a er 1?e'application late - y
da'!s Uter he .-\rcl?jtect 'eceives the aoniication for?aym iu:
ii:?.,
15.14 Each ;-kNplicatlon for Payment shall be-'b sed on the_post recent scheduie .Jt values submitted by the Contractor
?n..C:CrcianG with :lie'.,.ontract Documents. The,cl?e(j ie of-Values shall alllocate `he entire€_contract Sur. among the
various ?omens of the Work 7he schedule of values..shall 'be prepare:(in such form and supported by such data to
;i tibstan6are .ts 'ic;curdcv-as the Arc.,it..,,T..i av require.. 'i?iti schedule_uniess objectet'o b -he Arcnttect. "nail )e used
as -1 utiiJ _ C :it's s? :?L v3ntrac.ir: :�pil:catiun r .Yi?? '?t.
3.1.5 Applications for Payment:,hail show the perce:itatge,_f.:otnpietion,at each xrtion of he°�Jork as of the end of
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 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
five 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 DocumentA201-2007 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 9,10.3 of AIA Document A201-2007.
AIA Document A101 T"—2007.Copyright 01915,1918,1925,1937,1951,1958,'1961,1963,1967,1974,1977,1980,1987,i99i,1997 and 2007 by The
Init. American institute of Architects.All rights reserved.WA RNiNG:This AiAe Document is protected by U.S.Copyright Law and International Treaties. 4
Unauthorized reproduction:or distribution of this A W Document,or any portion of it,may result in severs civil and criminal penalties,and wW be
1 prosecuted to the maximum extent passible under the law.Purchasers are permitted to reproduce ten 00)copies of this document when completed.To
report copyright violations of ALA Contract Documents,e-mail The American institute of Architects'legal counsel;csopyright@aia org.
§9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section Title Date 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 Drcabvings here or refer to an exhibit attached to this.4 eement.
Number Title Date
see Exhibit A
9...6
Number Data
1 February 24, 2011 16
2
March 10, 2011 1
Portions of Addenda relating to bidding requirements are not part of the Contract Docuients unless the ridding
requirements are also enumerated in this Article 9.
§9.1.7 Additional documents,if any,forming part of the Contract Documents:
.1 AIA Document E20I TM-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 b"Instructions to Bidders,sample
forms and the Contractors 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 AIA-Document
A201-2007.
(State bonding requirements,if any;.rand limits of liability for insurance required in Article ll.df A7A_Document
A201-2007.)
Type of Insurance or Band nd Amount
Performance bond IVfL conract a gn uRt
Payment bond 100% of contract amount -
General Liability $2 million
OCP (GG) $1 million
Init. AIA Document A101-—2007.Copyright Q 1915,1918,'1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,l987,1991,1997 and:2007 by The
American institute of Architects.All rights reserved.WARNING.Tht#AIODocnrnm tis:prat$cftd.by U.S.Copyright Law and lniemaSonaiT s.
Unauthorized reproduction or distribution af this°AW Document,or any portion of it;,nmyrea d n severs chri)and criminsi penal0as.and will be 7
/ prosecuted to the maximum extent posesme under the law.Purchasers are.permitted to reproduce ten(10).copies Gf this document when compieted.To
report copyrijht violations Af AtA Contract Documents,e-mail The American institute aiArdtitects'iegat:counsel,copyright@aia.org.
This Agreement ent d into as of the day and year first written above.
ozz J- d
OWNER(Signatarre) CONTRACTOR(Sig e)
Roy Barriere, Supervisor IDA"1,�a T aVL.V,'�
(Printed name and title) (Printed name and title)
..e'.s` ...- i. .. _aa#a,.?�`�g:.:3-x ysa-..-y.a _'', ..,..•e", .•- �.--..� .•�".«"s'€ '_�.e - __ �s''=i..a ...''_'S_.V
! A!A Document A101 TO—2007.Copytight @ 1915,1918,1925,1 937,MI,1958,1961,1963,1967,197d,1977,1980,1987,1991;1997 and 2007 by The
nit American institute of Architects.An rights reserved.:WAS''[ems-AiAODom msrtt is protected i y-U--,Cow!Law iwd�Trews. �:
Unau#torimd Ewa or dis n afth1s AlO..Do ,armor portion of It,nvey tt.sev�a:o and .Per ,and r be
P►omutact to pose under the taw Purchasers arepermitted to reproduce ten(10)copies of this document when completed.To
report copyright violations of AtA Contract Documents,e-mail The American Institute of Architects'legal-counsel;copyright@aia;org.