HomeMy WebLinkAboutAMMAR CONSTRUICTION IMPROVEMENT TO THE BAND STAND LAKE OLMSTEAD PARK OF AUGUSTA
,,=. AlA Document A 101'" - 1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT made as of the
in the year of '2. C Q) ~
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
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and the Contracto!
(Name, address and other information)
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This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
. its completion or modification.
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AlA Document A201-1997,
General Conditions of the
Contract for Construction, is
adopted in this document by
reference. Do not use with other
general conditio less this
. document is
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Thisdocumeht has been
pr.oyec{,md endorsed by The
ssociated General Contractors
of America.
The Project is:
(Name and location)
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The Architect is:
(Name, address and o.ther. information)
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The Owner and Contractor agree as follows.
AlA Document A10FM -1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 byThe
American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be 1
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 AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
~ 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 decisions on other alternates are to be made by the
Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount
for each mid the date when that amount expires)
All'"
~ 4.3 Unit prices, if any, are as follows:
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ARTICLE 5 PAYMENTS
~ 5.1 PROGRESS PAYMENTS . ...... ....
~ 5.1.1 Based upon Applications for Payment submitted to the Architect by the'92ntpictor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments oj1!a;ccount 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:
Z- t;; H" c9 F" ..,-ff c H 0 A/rf-l
~ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the.. / cz,S- fI"
day of a month, the Owner shall make payment to the Contractor not later than the I r""" day of
the "F"p t.Lo ()/ (Alo- month. If an Application fo yment is received by the Architect af!eJ the application
date fixed above, payment shall be made by the Owne r than ;::; F -r~F;If,/' ( I ) ~) days afte e
Architect receives the Application for Payment."....
~ 5.1.4 Each Application for Payment shall
in accordance with the Contract uments. he schedule of values shall allocate the entire
various portions of the Wor h6dule of values shall be prepared in such form an
substantiate its accurac chitect may require. This schedule, unless obje
used as a basis for re the Contractor's Applications for Payment.
by Contractor
tSum among the
by such data to
e Architect, shall be
~ 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Wark as of the end
of the period covered by the Application for Payment.
AlA Document A10FM -1997. Copyright @1915, 1918,1925,1937,1951,1958,1961,1963,1967,1974, 1977, 1980, 1987, 1991 and 1997 byThe
American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be 3
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 AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
ARTICLE 7 MISCELLANEOUS PROVISIONS
~ 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 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 shaH bear interest from the date payment is due atthe rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place wh Project is located.
(Insert rate of interest agreed upon, if any.)
tv'1 If
(Usury laws and requirements under the Federal Truth in Lending 1\(.' ar state and. local consumer credit.laws.
and other regulations at the Owner's and Contractor's princip ces if usiness, the location of the Proje~t and'
elsewhere may affect the validity of this provision. Legal ad uld be obtained with respect to deletions or
modifications, and also regarding requirement!.such as writt disclosures or waivers.)
,. ~ l ...~
~ 7.3 The Owner's re12res~ntatiye is:
(Name, address and other information)
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RoG-6',e.
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{ ~o rI4
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~ 7.4 The Contractor's representativ s:
(Name, address and other information)
7b Nr /Ix,/--( 4-;; . -
I/M M /Ill- to AI S -rfll/C-rc..D1II/'
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~ 7.5 Neither the Owner's nor the Contractor's representative shaH be changed without ten days written notice to the
other party.
~ 7.6 Other provisions:
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AlA Document A10FM -1997. Copyright @ 1915,1918,1925,1937,1951,1958, 1961,1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties.
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 AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
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~ 8.1.6 The Addenda, if any, are as follows:
Number
Date
Pages
IVIIJ-
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 part of the Contract Documents are as follows:
(List here any additional documents that are intended to form part of th ntract Documents. AIA Document A20I-
I 997 provides that bidding requirements such as advertisement or' . . to bid, Instructions to Bidders, sample
forms and the Contractor's bid are not part of the Contract D nless enumerated in this Agreement. They
should be listed here only if intended to be part of the Con' cuments.)
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 to the Contractor, one to the Architect for use in the administration of the
Contract, and the remainder to the Owner.
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(Printed name and title
CAUTION: You should sign an original AlA Contract Document, on which this text appears in RED. An original assures that
changes will not be obscured.
AlA Document A101™ 1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be 7
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 AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
~AIA Document A10r" -1997 Instructions
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
GENERAL INFORMATION
Purpose. AlA Document A 10 1-1997 is intended for use on construction projects where the basis of payment is a stipulated
sum (fixed price). It is suitable for any arrangement between the Owner and Contractor where the cost has been set in advance,
either by bidding or by negotiation.
Related Documents. This document has been prepared for use in conjunction with AlA Document A20 1 TM-1997, General
Conditions of the Contract for Construction, which is adopted into A 10 1-1997 by a specific reference. This integrated set of
documents is suitable for most projects; however, for projects of limited scope, use of AlA Document A1O7™-1997 may be
considered.
The A 10 1-1997 document is used as one part of the Contract Documents that memorialize the Contract for Construction
between the Owner and the Contractor. The other Contract Documents are:
General Conditions (i.e., A201-1997)
Supplementary Conditions
Drawings
Specifications
Modifications
Although the AlA does not produce standard documents for Supplementary Conditions, Drawings or Specifications, a variety
of model and guide documents are available, including AlA's MASTERSPEC and AlA Document A511 TM, Guide for
Supplementary Conditions.
AlA Document A101-1997 is published in conjunction with the following related documents:
A20 1 TM-1997, General Conditions of the Contract for Construction
A401 TM-1997, Standard Form of Agreement Between Contractor and Subcontractor
A511, Guide for Supplementary Conditions
A 701 TM-1997, Instructions to Bidders
B 141 TM-1997, Standard Form of Agreement Between Owner and Architect
B 15 JTM-1997, Abbreviated Standard Form of Agreement Between Owner and Architect
CI4JTM-1997, Standard Form of Agreement Between Architect and Consultant
CI42™-1997, Abbreviated Standard Form of Agreement Between Architect and Consultant
Dispute Resolutiou-Mediation and Arbitration. Through its adoption by reference of AlA Document A20 1-1997, this
document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non-binding process, but is
mandatory under the terms of this agreement. Arbitration is mandatory under the terms of this agreement and binding in most
states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not
enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for
example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal
Arbitration Act.
The AlA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of
the applicable mediation or arbitration rules, call the American Arbitration Association at (800) 778-7879, or visit their Web
site at www.adr.org.
Why Use AlA Contract Documents. AlA Contract Documents are the product of a consensus-building process aimed at
balancing the interests of all parties on the construction project. The documents reflect actual industry practices, not theory.
They are state-of-the-art legal documents, regularly revised to keep up with changes in law and the industry-yet they are
written, as far as possible, in everyday language. Finally, AlA contract documents are flexible: they are intended to be
modified to fit individual projects, but in such a way that modifications are easily distinguished from the original, printed
language.
Use of Non-AlA Forms. If a combination of AlA documents and non-AlA documents is to be used, particular care must be
taken to achieve consistency of language and intent among documents.
!
AlA Document A101™ -1997. Copyright@1915, 1918, 1925, 1937, 1951 1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 byThe
American Institute of Architects. All rights reserved. WARNING: This AIA@Document is protected by U.S. Copyright Law and International Treaties. 1
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 AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
/.
In a purchased paper AlA Contract Document, necessary modifications may be accomplished by writing or typing the
appropriate terms in the blank spaces provided on the document, or by attaching Supplementary Conditions, special conditions
or referenced amendments. Modifications directly to purchased paper AlA Contract Documents may also be achieved by
striking out language. However, care must be taken in making these kinds of deletions.
Under NO circumstances should standard language be struck out to render it illegible. For example, users should not apply
blocking tape, correction fluid or Xs that would completely obscure text. Such practices may raise suspicion of fraudulent
concealment, or suggest that the completed and signed document has been tampered with. Both parties should initial
handwritten changes. Using AlA software, modifications to insert information and revise the standard AlA text may be made
as the software permits. By reviewing properly made modifications to a standard AlA Contract Document, parties familiar with
that document can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified
and expedited, good faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny. AlA Contract
Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors and cloud legal
interpretation given to a standard clause. Furthermore, retyping and electronic scanning are not permitted under the user's
limited license for use of the document, constitute the creation of a derivative work and violate the AlA's copyright.
Cover Page
Date: The date represents the date the Agreement becomes effective. It may be the date an original oral agreement was reached,
the date the Agreement was originally submitted to the Owner, the date authorizing action was taken or the date of actual
execution. It will be the date from which the Contract Time is measured unless a different date is inserted under Section 3.1.
Parties: Parties to the Agreement should be identified using the full address and legal name under which this Agreement is to
be executed, including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture,
unincorporated association, limited partnership or corporation [general, limited liability, closed or professional], etc.). Where
appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Other
information may be added, such as telephone numbers and electronic addresses.
Project: The proposed Project should be described in sufficient detail to identify: (1) the official name or title of the facility;
(2) the location of the site; (3) the proposed building usage; and (4) the size, capacity or scope of the Project.
Architect: As in the other Contract Documents, the Architect's full legal or corporate title should be used.
Article 2 The Work of This Contract. If portions of the Work are to be performed by persons or entities other than the
Contractor, these should be indicated in the Supplementary Conditions.
Article 3 Date of Commencement and Substantial Completion. The following items should be included as appropriate:
~ 3.1 The date Of commencement of the Work should be inserted if it is different from the date of the Agreement. It should not
be earlier than the date of execution (signing) of the Agreement. After the first sentence, enter either the specific date of
commencement of the Work, or if a notice to proceed is to be used, enter the sentence, "The date of commencement shall be
stipulated by the notice to proceed." When time of performance is to be strictly enforced, the statement of starting time should
be carefully weighed.
~ 3.3 The time within which Substantial Completion of the Work is to be achieved may be expressed as a number of days
(preferably calendar days) or as a specified date. If a specified date is used and the date of commencement is to be given in a
notice to proceed, these dates must be carefully coordinated to allow sufficient time for completion of the Work. Any
requirements for earlier Substantial Completion of portions of the Work should be entered here if not specified elsewhere in the
Contract Documents.
Optionally, insert any provisions for liquidated damages relating to failure to complete on time, or for bonus payments for early
completion. Liquidated damages are not a penalty to be inflicted on the Contractor, but must bear an actual and reasonably
estimable relationship to the Owner's loss if construction is not completed on time. There is little or no legal precedent to
support the proposition of linking a bonus with a penalty. If liquidated damages are to be assessed because delayed
construction will result in actual loss to the Owner, the amount of damages due for each day lost should be entered in the
Supplementary Conditions or the Agreement. Factors such as confidentiality or the need to inform subcontractors about the
amount of liquidated damages will help determine the placement of such language. If provision for liquidated damages is
included, it should be carefully drafted by the Owner's attorney. Such a provision may be based on the following sample
language:
"The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner the sums hereinafter
stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete:
Dollars ($ _)."
For further information on liquidated damages, penalties and bonus provisions, see AlA Document A5!!, Guide for
Supplementary Conditions.
Article 4 Contract Sum
~ 4.1 Enter the Contract Sum payable to the Contractor.
AlA Document A101™ -1997. Copyright@1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 byThe
American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties. 3
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 AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.