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HomeMy WebLinkAboutStandard Form of Agreement with American Paving for Settlers Park1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AG R E E M E NT made as of the 28th day of March in the year of 2002 THIS DOCUMENT HAS IMPORTANT LEGAL (In words, indicate day, month and year) CONSEQUENCES. CONSULTATION WI TH AN ATTORNEY /S ENCOURAGED WITH BETWEEN the Owner: RESPECT TO ITS COMPLETION OR (Name, address and otherinformation) MODIFICATION. AUTHENTICATION OF City of Meridian THIS ELECTRONICALLY DRAFTED AIA 33 E Idaho DOCUMENT MAY BE MADE BY USING AIA . DOCUMENT D40I. Meridian. ID 83642 AIA Document A201-1997, General and the Contractor: Conditions of the Contract for (Name, address and otherinformation) Construction, is adopted in this document Americain Pavina by reference. Do not use with other 357 E Amity Road general conditions unless this document is Meridian. ID 83642 modified. The Project is: This document has been approved and (Name and location) endorsed by The Associated General Contractors of America. Meridian 58 Acre Park. Phase One The Architect is: (Name, address and otherinforn~ation) The Land Group 128 South Eagle Road Eagle. ID 83616 The Owner and Contractor agree as follows. 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; these 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 Modifications, appears in Article 8. ~., ,, ~ ~ ARTICLE 2 THE WORK OF THIS CONTRACT , . ~i The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. oi99~ Ain® AIA DOCUMENT A101-1997 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION OWNER-CONTRACTOR AGREEMENT 3.1 The date of commencement of the Work shall be the date of this Agreement unless a The American Institute of Architects different date is stated below or provision is made for the date to be fixed in a notice to proceed 1735 New York Avenue, N.W. issued by the Owner. Washington, D.C. 20006-5292 (Inser[ the date ofcommencement ifit differs from the date ofthisAgreement or, ifapphcab/e, state that the date wit/ be fixed in a notice to proceed.) O 1915, 1918, 925, 193 , 95 , 958, 9 9 97 , 8 , O 997 y e mencan Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. April 1.2002. Notice to Proceed If, prior io the commencement of the Work, the Owner requires time to File mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: N/A 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 18O days from the dale of commencement, or as follows: THIS DOCUMENT HAS IMPORTANT LEGAL (Insert number of calendar days. Ahernatively, a calendar date may be used when coordinated with the date of CONSEQUENCES. CONSULTATION WITH commencement. lln/ess stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial AN ATTORNEY IS ENCOURAGED WITH Completion ofcertain portions ofthe Work) RESPECT TO ITS COMPLETION OR On or before September 27. 2002 MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA subject to adjustments of this Contract Time as provided in the Contract Documents. DOCUMENT MAY BE MADE BY USING AIA (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for DOCUMENT D401. earlycompletlon ofthe Work) 3 3 1 OWNER and CONTRACTOR recognize that time is of the AIA DocumentA201-1997, General essence of this Agreement and that OWNER will suffer financial loss if Conditions of the Contract for the Work is not completed within the times specified in paragraph - Construction, is adopted in this document vy reference. Do not use with other Contract Times above plus any extensions thereof allowed In ^eneral conditions unless this document is accordance with the General Conditions. OWNER and CONTRACTOR modified. also recognize the delays e~ense and difficulties involved in proving in a legal or other dispute resolution proceeding the actual loss suffered by This document has been approved and OWNER if the Work is not completed on time Accordingly instead of endorsed by The Associated General requiring any such proof OWNER and CONTRACTOR agree that as Contractors of America. liquidated damages for delay (but not as a penalty) CONTRACTOR shall pav OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time ~ecified in paragraph Contract Times above for Substantial Completion until the Work is substantially complete. 3 3 2 After Substantial Completion if CONTRACTOR neglects refuses or fails to complete the remaining_Work within the Contract Times or andproperty OWNER granted extensions thereof. CONTRACTOR shall pav OWNER one hundred dollars and zero cents ($100 00) for each day that expires after the time specified in paragraph Contract Times above for completion and readiness for final payment. 3 3 3 OWNER shall recover such liquidated damages by deducting the amount owned from the final payment or any retainage held by OWNER. .... ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the ~. .f ~•~•- w. Contractor's performance of the Contract. The Contract Sum shall be Eight Hundred Thirty ~''~~~ Three Thousand One Hundred Sixty Five Dollars (~ 833.165.00 ), subject to additions and deductions as provided in the Contract Documents. m1997 a,in® AIA DOCUMENT A101-1997 4.2 The Contract Sum is based upon the following alternates, if any, which are described OWNER-CONTRACTOR AGREEMENT in the Contract Documents and are hereby accepted by the Owner: (State the numbers or otheridenti6cadon ofaccepted alternates. Ifdecisions on othera/temates are to be made by the The American Institute of Architects Owner subsequent to the execution ofthis Agreement, attach a schedu/e ofsuch other alternates showing the amount 1735 New York Avenue, N.W. for each and the date when that amount expires) Washington, D.C. 20006-5292 Bid Alternate #1 ~ Additional Lawn Area $76.765.00 Bid Alternate #2' Tree Planting $34.000.00 Bid Alternate #4 16" Water Pipe $46.600.00 4.3 Unit prices, if any, are as follows: © 1915, 18, 9 95 , 958, 6 , 6 , 19 4, 7, 98 , O 19 y T e mencan Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. N/A , 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. THIS DOCUMENT HAS IMPORTANT LEGAL 5.1.2 The period covered by each Application for Payment shall be one calendar month CONSEQUENCES. CONSULTATION WITH ending on the lass day of the month, or as follows: AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF 5.1.3 Provided that an Application for Payment is received by the Architect not later than THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA the ~tday of a month, the Owner shall make payment to the Contractor not later than the DOCUMENT D4o1. 16th day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 45 days after AIA Document A201-1997, General the Architect receives the Application for Payment. Conditions of the Contract for Construction, is adopted in this document 5.1.4 Each A lication for Pa ent shall be based on the most recent schedule of values by reference. Do not use with other PP Ym general conditions unless this document is submitted by the Contractor in accordance with the Contract Documents. The schedule of modified. 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 io substantiate its This document has been approved and accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall endorsed by The Associated General be used as a basis for reviewing the Contractor's Applications for Payment. contractors of America. 5.1.5 Applications for Payment shall indicate 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 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 five 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 Subparagraph 7.3.8 of AIA Document A201-1997• 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 (~%); .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 Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2oi-1997• 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.i.6 shall be further modified under the following circumstances: 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 (Subparagraph 9.8.5 of AIA Docmuent A2o~-t997 requires release ofapplicable retainage upon Substantial Comp/etion of Work with consent ofsurety, ifany. J m 1915, 1918, 5, 1937, , 1958, 1961, 1 63, 196 , 9 4, 19 987, O 997 y e mencan nstltute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. ~.® ~ ,~ ~.. ...' ~~.+~;~ ~~ 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 .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 Subparagraph 9.> 0.3 of AIA Document A2o1-1997• 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Comp/etion of the entire Work, to reduce or /unit the retainage resulting from the percentages inserted in Clauses q.t6.t and Sz6.z above, and this is not exp/wined elsewhere in the Contract Documents, insert here provisions forsuch reduction or/imitation.) N/A 5.1.9 Except with the Owners prior approval, the Contractor shall not make advance THIS DOCUMENT HAS IMPORTANT LEGAL payments io suppliers for materials or equipment which have not been delivered and stored at CONSEQUENCES. CONSULTATION WITH the site. AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF 5.2 FINAL PAYMENT THIS ELECTRONICALLY DRAFTED AIA 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be DOCUMENT MAY BE MADE BY USING AIA made by the Owner to the Contractor when: DOCUMENT Daol. .1 the Contractor has fully performed the Contract except for the Contractor's AIA Document A2o1-1997, General responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document Conditions of the Contract for A2oi-1997, and to satisfy other requirements, if any, which extend beyond final Construction, is adopted in this document payment; and by reference. Do not use with other general conditions unless this document is modified. .2 a final Certificate for Payment has been issued by the Architect. This document has been approved and 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after endorsed by The Associated General the issuance of the Architect's final Certificate for Payment, or as follows: Contractors of America. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article i4 of AIA Document A201-1997• 6.2 The Work may be suspended by the Owner as provided in Article i4 of AIA Document A2oi-1997• ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2oi-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 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. I'""'~'" (Insert rate ofinterest agreed upon, ifany.) N/A ~, ,~ Usurylaws and requirements under the Federal Truth in Lending Act, similar stateand /oca/ consumer credit laws and ~y~,t ~f otherregulations at the Owner's and Contractor's principal p/aces ofbusiness, the location ofthe project and e/sewhere may affect the validity of this provision. Lega/ advice should be obtained with respect to de%tions or modifications, and also regarding requirements such as written disc%sures or waivers.) ®1997 AIA® 7.3 The Owner s representative is: AIA DOCUMENT A101-1997 (Name, address and otherinforrnation) OWNER-CONTRACTOR AGREEMENT The Land Group. Inc. 128 South Ea le Road The American Institute of Architects g 1735 New York Avenue, N.W. Eagle. ID 83616 Washington, D.C. 20006-5292 7.4 The Contractor's representative is: O 1915, 1918, 19 5, 9 , 1951, 1958, 961, 1963, 96 , 4, 1 77, 198 , m 997 y e merlcan Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97a101.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. (Name, address and otherinformation) American Paving, Co. Terry Lutz, Vice President PO Box 395 Meridian ID 83680 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS THIS ELECTRONICALLY DRAFTED AIA 8.1 The Contract Documents, except for Modifications issued after execution of this DOCUMENT MAY BE MADE BY USING AIA Agreement, are enumerated as follows: DOCUMENT D40I. 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement AIA Document AI01-1997, General Conditions of the Contract for Between Owner and Contractor, AIA Document Aioi-1997. Construction, is adopted in this document by reference. Do not use with other 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the general conditions unless this document is Contract for Construction, AIA Document A2oi-1997. modified. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the This document has been approved and Project Manual dated February 14. 2002 ,and are as follows: endorsed by The Associated General Contractors of America. Document Title General Requirements -Division 01 Contract Forms Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.i.3, and are as follows: (Eitherlist the Specifications here orrefer to an exhibit attached to thisAgreen7ent.J Section Title Pages Project Manual Meridian 58 Acre Park 2/14/02 Specifications Phase One 2/14/02 8.1.5 The Drawings are as follows, and are dated Februar~02 unless a different date is shown below: (Either/ist theDrawings here orrefer to an exhibit attached to thisAgreemeni.) Number Title Date Working Drawings Meridian 58 Acre Park Phase One February 2002 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addenda #1 3/4/02 Addenda #2 3/8/02 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming pari of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document Asol- ~997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample ©1 5, 1918, 1925, 1937, 1951, 1958, 19 9 9 7, 1 7 , 1977, 1987, ©199 y e merlcan Instltute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. ~, ~~ ~. ,~ as•r~r ,~ ©1997 AIA® AIA DOCUMENT A701-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ` forms and the Contractor's bid are not part of the Contract Documents un/ess enumerated in this Agreement. They show/d be listed here onlyifintended to be pan ofthe Contract Documents.) N/A This Agreement is entered into as of the day and year First written above and is executed in at least three original copies, of which one is to be delivered the Contractor, one to the Architect for use in the administration of the Contract, and~he r ainder t iwner. _,~ HIS DOCUMENT HAS IMPORTANT LEGAL ~75ignat re) ~~,~ (Signature) QWt~~',~, CONSEQUENCES. CONSULTATION WITH ... AN ATTORNEY IS ENCOURAGED WITH ~: ~f21~~~.,c.TZ ~/ ~. (Printee'na7nean ,~itle) _ .~- _ ~_ ~. / .. \`. - ~` © 1915, 1 18, 925, 193 , 1951, 958, 1961, 963, 19 974, 19 , 198 , O 199 y e Amerlcan nstltute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U5 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. RESPECT TO ITS COMPLETION OR LL 1'Yl 4N or ~O4±'e r~ ~ CU YI" t c MODIFICATION. AUTHENTICATION OF ~ (printed name and title) HIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA ~~ f~C~ ' ~ DOCUMENT D401. AIA Document A101-1997, General ~ ~ ~~~ ~ ~<~ Conditions of the Contract for C / f (/ ~„l l t l l t t ~ •'t ~ \~~:w^/ ~~,5 p ~~ : ~„Gr-~.~~4i:~•t~,c.~s ~~l < ~O Z Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. i~~, ~ ~:',•~ ~~ Yom,--,__6. l /~ `, ~\` i~~ .4 \ AGO 7F0 ~~~~ This document has been approved and endorsed by The Associated General Contractors of America. ~a ~ ~~ ~~ .~ ~~'•~' ,~ ©1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C.20006-5292