Menu
Violations of AIA Contract Documents, e-mail The American Institute of Architectsâ legal counsel, [email protected]. 3 Certificate of Substantial Completion. AIADocument A101â2017 is a standard form of agreement between owner andcontractor for use where the basis of payment is a stipulated sum (fixedprice). A101 adopts by reference, and is designed for use with, AIA DocumentA201â2017, General Conditions of the Contract for Construction. AIA Forms A101 A101 Standard Form Of Agreement Between Owner/Contractor Where The Basis Of Payment Is a Stipulated Sum. What a mouthful! Why couldn't they have named it something like, oh I don't know, maybe Fixed-Price Contract Between Owner and Contractor?
Exhibit 10.1
Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum
AGREEMENT made as of the Twelfth day of March in the year Two Thousand Twelve
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, legalstatus, address and other information)
Peerless Manufacturing Company
14651 North Dallas Parkway
Suite 500
Dallas, TX 75254
Telephone Number: 214-353-5545
Fax Number: 214-351-0194
And the Contractor:
(Name, legal status, address and other information)
Schwob Building Company, Ltd.
2349 Glenda Lane
Dallas, Texas 75229
Telephone Number:972-243-7674
Fax Number: 972-243-7710
For the following Project:
(Name, location and detailed description)
New Facility â Peerless Manufacturing Company
7000 Block of Dakota Lane
Denton, TX
The Architect:
(Name, legal status, address and other information)
Alliance Architects, Inc.
1600 N. Collins BlvdSuite 1000
Richardson, TX 75080
Telephone Number: 972-233-0400
Fax Number:972-233-2259
The Owner and Contractor agree as follows.
ADDITIONS AND DELETIONS:
The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report thatnotes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where theauthor has added to or deleted from the original AIA text.
This document has important legal consequences. Consultation with an attorney isencouraged with respect to its completion or modification.
AIA Document A201â¢â2007, General Conditions of the Contract forConstruction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.
/
1
TABLE OF ARTICLES
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, all of which 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 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, exceptas specifically indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OFCOMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unlessa 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 dateof 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.)
Ten (10) business days after receipt of all construction permits and fully executed Prime Contract.
If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Ownerâs time requirementshall be as follows:
N/A
Aia Form A101 2007 Free Online
§ 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 Three Hundred Thirty Six (336) 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, insertrequirements for earlier Substantial Completion of certain portions of the Work.)
2
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for earlycompletion of the Work.)
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractorâs performance of the Contract. The ContractSum shall be Nine Million Eight Hundred Thirty-nine Thousand Five Hundred Seventy-two Dollars and Zero Cents ($9,839,572.00), 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 acceptedby the Owner:
(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner toaccept 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.)
![]()
Potential changes to the Crane 7 for magnet application.
§ 4.3 Unit prices, if any:
(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)
§4.4 Allowances included in the Contract Sum, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Paymentsubmitted 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 asfollows:
The 25th of each month
§ 5.1.3 Provided that an Application for Payment is received by the Owner not later than the 25th day of a month, the Owner shall make payment of the certified amount to the Contractor notlater than the 25th day of the following 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 Thirty (30) days after the Owner receives theApplication for Payment.
(Federal, state or local laws may require payment within a certain period of time.)
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with theContract Documents. The schedule of 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 to substantiate its accuracy as the Owner mayrequire. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractorâs Applications for Payment.
3
§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of theWork as of the end of the period covered by the Application for Payment.
§ 5.1.6 Subject to other provisions of the ContractDocuments, the amount of each progress payment shall be computed as follows:
§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modifiedunder the following circumstances:
(Section9.8.5 of AIA Document A201â2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.)
§ 5.1.8 Reduction or limitation of retainage, if any, shall beas follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from thepercentages 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 Ownerâs prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at thesite.
§ 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
§ 5.2.2 The Ownerâs final payment to the Contractor shall be made no later than 30 days after the issuance of the Municipalities Certificate of Occupancy, or as follows:
ARTICLE 6 DISPUTE RESOLUTION
§ 6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201â2007, the method of binding dispute resolution shall be as follows:
4
(Check the appropriate box. If the Owner and Contractor do not select a method of binding disputeresolution 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.)
[ X ] Arbitration pursuant to Section 15.4 of AIA Document A201â2007
[ ] Litigation in a court of competent jurisdiction
[ ] Other (Specify)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 TheContract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201â2007.
§ 7.2 TheWork may be suspended by the Owner as provided in Article 14 of AIA Document A201â2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201â2007 oranother 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 date payment is due at the rate stated below, or in the absencethereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Insert rate of interest agreed upon, ifany.)
Eight percent (8%) Per Annum
§ 8.3 The Ownerâs representative:
(Name, address and other information)
Vincent Hanlon
14651 NorthDallas Parkway, Suite 500
Dallas, TX 75254
Telephone Number: 214-353-5545
Fax Number: 214-351-0194
Email Address: [email protected]
§ 8.4 The Contractorâs representative:
(Name, address and other information)
Jim Corry
2349 Glenda Lane
Dallas, TX 75229
Phone 972-243-7674
Fax 972-243-7710
Email Address: [email protected]
§ 8.5Neither the Ownerâs nor the Contractorâs 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 A101â2007, Standard Form of Agreement Between Owner and Contractor.
5
§ 9.1.2 The General Conditions are AIA Document A201â2007, General Conditions of theContract for Construction.
§ 9.1.3 The Supplementary and other Conditions of the Contract:
§ 9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Exhibit âBâ
§ 9.1.5 TheDrawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Exhibit âCâ
§ 9.1.6 TheAddenda, if any:
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the biddingrequirements are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any, forming part of the Contract Documents:
.1 AIA Document E201â¢â2007, Digital Data Protocol Exhibit, if completed by the parties, orthe following:
N/A
![]()
.2 Other documents, if any, listed below:
(List here any additionaldocuments that are intended to form part of the Contract Documents. AIA Document A201â2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractorâs bid arenot 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.)
N/A
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201â2007.
(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201â2007.)
6
This Agreement entered into as of the day and year first written above.
7
Items in italics have been revised
Revision 4 â March 8, 2012
Mr. Peter Burlage
Peerless Manufacturing Company
14651 NorthDallas Parkway
Suite 500
Dallas,Texas 75254
7000 Block of Dakota Lane, Denton, Texas
SUBJECT: Revised Construction Cost Proposal
Dear Mr. Burlage:
We proposeto construct the new Peerless Manufacturing Company facility in Denton, Texas per the following scope and clarifications for the lump sum amount of Nine Million Eight Hundred Eleven Thousand Eight Hundred Eighty and 00/100 Dollars
($ 9,811,880.00).
This constructioncost proposal is based on local City and State code requirements, a Geotechnical Investigation by Reed Engineering Group (dated 02/18/11), and Design Documents and Specifications provided by Alliance Architects (dated 04/08/11). See the attachedIndex of Drawings for revision dates.
COST SUMMARY:
SCOPE MODIFICATIONS BY OWNER:
Mr. Peter Burlage
Peerless Manufacturing Company
7000 Block of Dakota Lane, Denton, Texas
Revised March 3, 2012
Page 2
SCOPE MODIFICATIONS BY OWNER (continued):
MAJOR COST ESCALATIONS:
The following major scopes of work have incurred cost increases for their materials and/or labor since the initial pricing proposal was submitted in May 2011.
CLARIFICATIONS:
Mr. Peter Burlage
Peerless Manufacturing Company
Aia A101 2007 Contract
7000 Block of Dakota Lane, Denton, Texas
Revised March 3, 2012
Aia Form A101 2007 Free Download
Page 3
Mr. Peter Burlage
Peerless Manufacturing Company
7000 Block of Dakota Lane, Denton, Texas
Revised March 3, 2012
Page 4
EXCLUSIONS:
Aia Form A101 2007 Free Full
Aia Form A101 2007 Free Printable
Mr. Peter Burlage
Peerless Manufacturing Company
7000 Block of Dakota Lane, Denton, Texas
Revised March 3, 2012
Page 5
ALLOWANCES:
Aia Document A101 2007 Form
We look forward to working with you on this project. If I can be of further assistance, please contact me at972-243-7674.
Sincerely,
SchwobBuilding Company, Ltd.
Charles G. Rachuig CPE
Chief Estimator
xc: E211027
Comments are closed.
|
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |