Document A101 TM. Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

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Document A101 TM 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year TWO THOUSAND EIGHTEEN (In words,
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Document A101 TM 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year TWO THOUSAND EIGHTEEN (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Port Arthur Independent School District ( Port Arthur ISD , Owner ) th Avenue Port Arthur, Texas Phone: Fax: and the Contractor: (Name, legal status, address and other information) 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 that notes 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 the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. for the following Project: (Name, location and detailed description) Administration Building Port Arthur, Texas The Architect: (Name, legal status, address and other information) The parties should complete A , Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A , General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Harrison Kornberg Architects 3800 Buffalo Speedway, Suite 550 Houston, Texas Phone: Fax: The Owner and Contractor agree as follows. 1 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 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS 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, 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: (Check one of the following boxes.) [ ] The date of this Agreement. [ ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. 3.2 The Contract Time shall be measured from the date of commencement of the Work. 2 3.3 Substantial Completion Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ ] By the following date: June 15, Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents. 4.2 Alternates Alternates, if any, included in the Contract Sum: Item Price Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) 3 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) ARTICLE 5 PAYMENTS 5.1 Progress Payments 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 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty-five (45) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract 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 Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor s Applications for Payment Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment In accordance with AIA Document A , General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: The amount of each progress payment shall first include:.1 That portion of the Contract Sum properly allocable to completed Work;.2 If approved in advance by the Owner, 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 suitably stored off the site at a location agreed upon in writing; and.3 That portion of Construction Change Directives that the Architect determines, in the Architect s professional judgment, to be reasonably justified The amount of each progress payment shall then be reduced by:.1 The aggregate of any amounts previously paid by the Owner;.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A ;.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;.4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A ; and.5 Retainage withheld pursuant to Section 5.1.7 Retainage For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Five Percent (5%) The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) NA Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) NA (Paragraphs deleted) Retainage is not due to the Contractor until thirty-one (31) days after Final Completion of the Work as set out in Section 9.10 of AIA Document A After the Certificate of Substantial Completion is accepted by the Owner, the Owner may, in its sole discretion and upon acceptance and consent of surety, make payment of retainage on all or a part of the Work accepted [Paragraph Deleted.] 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 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when.1 the Contractor has fully performed the Contract except for the Contractor s responsibility to correct Work as provided in Article 12 of AIA Document A , and to satisfy other requirements, if any, which extend beyond final payment;.2 Contractor has submitted Consent of Surety to Final Payment, and.3 a final Certificate for Payment has been issued by the Architect The Owner s final payment to the Contractor shall be made no later than 31 days after the issuance of the Architect s final Certificate for Payment, or as follows: 5.3 Interest (Paragraphs deleted) Delinquent payments are subject to the Texas Prompt Pay Act, Texas Government Code Chapter ARTICLE 6 DISPUTE RESOLUTION 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A , unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) 5 6.2 Binding Dispute Resolution For any Claim but not resolved by mediation pursuant to Article 15 of AIA Document A , the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, 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. 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 A (Paragraphs deleted) [Paragraph Deleted.] 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of AIA Document A or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 The Owner s representative: (Name, address, address, and other information) Harvey Blankenship Project Coordinator Port Arthur Independent School District th Avenue Port Arthur, Texas Phone: Fax: 8.3 The Contractor s representative: (Name, address, address, and other information) 8.4 Neither the Owner s nor the Contractor s representative shall be changed without ten days prior notice to the other party. 8.5 Insurance and Bonds The Contractor shall purchase and maintain insurance as set forth in AIA Document A , Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents The Contractor shall provide bonds as set forth in AIA Document A Exhibit A, and elsewhere in the Contract Documents. 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A , may be given in accordance with AIA Document E , Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E , insert requirements for delivering notice in electronic format such as name, title, and address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) 8.7 Other provisions: Contractor will engage the Subcontractors identified in Exhibit F to the Request for Competitive Sealed Proposals Contractor shall provide services in compliance with all current local, state and federal laws, rules and regulations, together with the policies of the District, including, to the extent applicable, rules and regulations of FEMA for reimbursement for services attached as Exhibit B Pursuant to Texas Government Code Chapter 2270, the Contractor represents and warrants to the District that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 This Agreement is comprised of the following documents:.1 AIA Document A , Standard Form of Agreement Between Owner and Contractor.2 AIA Document A , Exhibit A, Insurance and Bonds.3 AIA Document A , General Conditions of the Contract for Construction.4 AIA Document E , Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E incorporated into this Agreement.).5 Drawings Number Title Date 7 .6 Specifications Section Title Date Pages.7 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9..8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document E , Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages.9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Exhibit B: Amendment for FEMA Reimbursement. This Agreement entered into as of the day and year first written above. PORT ARTHUR INDEPENDENT SCHOOL DISTRICT OWNER (Signature) Dr. Mark Porterie, Superintendent of Schools (Printed name and title) CONTRACTOR (Signature) (Printed name and title) 8 Additions and Deletions Report for AIA Document A101 TM 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:07:03 on PAGE 1 AGREEMENT made as of the day of in the year TWO THOUSAND EIGHTEEN Port Arthur Independent School District ( Port Arthur ISD , Owner ) th Avenue Port Arthur, Texas Phone: Fax: Administration Building Port Arthur, Texas Harrison Kornberg Architects 3800 Buffalo Speedway, Suite 550 Houston, Texas Phone: Fax: PAGE 3 [ ] By the following date: June 15, 2018 PAGE Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( ) forty-five (45) days after the Architect receives the Application for Payment. PAGE 5.2 That If approved in advance by the Owner, 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, or suitably stored off the site at a location agreed upon in writing; and Five Percent (5%). Additions and Deletions Report for AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 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. This document was produced by AIA software at 11:07:03 on under Order 1 NA NA Except as set forth in this Section , upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) Retainage is not due to the Contractor until thirty-one (31) days after Final Completion of the Work as set out in Section 9.10 of AIA Document A After the Certificate of Substantial Completion is accepted by the Owner, the Owner may, in its sole discretion and upon acceptance and consent of surety, make payment of retainage on all or a part of the Work accepted If final completion of the Work is materially delayed throu
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