AIA Document A

Transcription

1 AIA Document A Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the O day ofct in the year (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) c<jefferson Parish School Board, a Political Subdivision»<oT «50 1 Manhattan Blvd.» xharvey, LA 70058» J^ and the Contractor: (Name, legal status, address and other information) for the following Project: (Name, location and detailed description) ((Contractor documents» ADDITIONS AND DEI.ETr02JSl 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 Rej ort thatlnotes added information! as I well as revisions to the standard fozrm_fcexfc_is a-«aalabl,e_fccqin the author and should be I reviewed"^ This document has impog legal consequences ConsultatiozvwiTSh an attorne,y*ls encouraged with cesp*ect for j EA^Docume: Genera!b>Conditions enera!b>co; of the Contract for^senstruction, is adopted in this*~dqcument by reference. Do not us with other general condttioiis^unless The Architect: (Name, legal status, address and other information) The Owner and Contractor agree as follows. ELECTRONIC COPYING of any portion of this AIA" Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 19S7, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAr 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 nser notes: ( )

2 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 10 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, ail of which form the Contract, andare as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represent entire and integrated agreement between the parties hereto and supersedes prior negotiations, repteseifiations.. agreements, either written or oral. An enumeration of the Contract Documents, other than Article The Contract Documents consist of this Agreement, the Owner's Modified AIA Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, AddBnda, issued prior to execution of this Agreement, all sections of the Project Manual, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, the Advertisement to Bid, Instructions to Bidders, sample forms, the Contractor's Bid, and Notice of Award, all of which form the Contracjt^aad^-e 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, representatioi either written or oral. An enumeration of the Contract Documents, other than a Modification, 1.2 The Owner's representative for this Project is the Facilities Department of the Jefferson as Project Manager. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except ais-speeifieally-indieated-inthe 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 di: ent^datels state? below or provision is made for the date to be fixed in a notice to proceed Notice to Proceed ssu (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 the Owner's time requirement shall be as follows: AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by tl.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA1 Document, or any portion of it, may result in severe civil and criminal Oser notes: ( )

3 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 (!«TxS) days from the date of commencement., or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordim ted with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion ofcerta n portions of the Work.) Substantial Completion Date, 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 (:on,pletion on tim '.or for bonus payments for early completion of the Work,) «It is mutually agreed bv the Contractor and the Owner that time is an essential part of this Contract and in case of ^ the Contractor's failure to complete the Project within the time specified above and agreed upon, the Owner will be \d thereby; and bec hereby agreed that the amount of Liquidated Damages shall be the sum of dollars (S ) for each consecutive calendar day of delay for which the Project is not substantially complete] beginning with the first day beyond the completion time stated above. Further, Contractor agrees to pay as Liquidated Damages, the sum of ' dollars ($ ) for each consecutive calendar day for which the list of items to be completed or corrected (punch list) is not complete beginning with the forty-sixth (46) day after the date of substantial completion. Contractor hereby agrees that said sum(s) shall be deducted from monies due Contractor by a Construction Change Directive under this Contact or if j no money is due Contractor, the Contractor hereby agrees to pay to the Owner as Liquidated Damages, and not by way of penalty, such total sum as shall be due for each delay, computed as stated above. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contrao,pSrIonn<ii«,s Contract. The Contract Sum shall be ^ (S ^1 )> subject to additions and deductions as provii ded in the^or Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described HI trie Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposaudocuments permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedute-of-sueh-other alternates showing the amount for each and the date when that amount expires.) 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.) Item Units and Limitations 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WASHING: 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 11/11/2013 under Order Ho _l which expires on 11/05/2014, and is not for resale. User Hotes: ( )

4 Item Price ARTICLES PAYMENTS 5.1 PROGRESS PAYMENTS, Based upon Applications for Payment properly submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of th^ 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 eqdrng-on-the-last-day-ofthe month, or as follows: Provided that an Application for Payment is received by the Architect not later than t! day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the C xj ay of the If an Application for Payment is received by the Architect after the application date fixed above, payment made by By the me Owner wwuei not uui later iiuct than miut % $>,!f._>z (ftjof) \< ; imy days after the Architect receives the Application lor Payme: (Federal-; state or local laws may require payment within a-certain period of time.) After the Architect has issued and delivered to the Owner's Project Manager a Certificate Project Manager will review the Certificate of Payment and either (1) if found to be in p payment; (2) if found to be erroneous in any respect (e.g. information format, amounts, pe >r Payment, T ordsrfotw ats^orothersimilar items) review such errors with the Architect and either return the Certificate for Payment to the Architect for correction, recertification and reprocessing with the possible return to the Contractor and correct the Certificate of Payment to reflect the necessary corrections. The Owner shall make payment within thirty (30) days after the Project Manager's receipt of a valid Certificate for Payment and shall notify the Architect. ErroneousCert-ificates for Payment may cause delays in processing for payment and shall not constitute cause for seeking-claims^i compensation for any addition to the Contract Sum and/or Contract Time Each Application for Payment shall be based on the most recent approved/reviewed scheduleofvalues submitted by the Contractor in accordance with the Contract Documents. The schedule of values"sralkillocate entire Contract Sum among the various portions ofthe Work. The schedule of values shall be prepared i and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objecte< to by the Architect, or the Owner's Project Manager 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 offthe MoflT&s.of the,* ofthe oeriod period covered bv by the Application Aoolication for Payment. / \ Subject to other provisions ofthe Contract Documents, the amount of each progress computed as follows:.1 Take that portion ofthe Contract Sum properly allocable to completed Wort multiplying the percentage completion of each portion ofthe Work by the si jay nent shall je as ietermineq by are ofthe Contract Sum allocated to that portion ofthe Work in the schedule of values, less j 5%) for a project where the contract sum exceeds $500, For a project that is less than $500,000.00, the retainage is ten percent (10%). Pending final determination of cosup.the-@wnet.qj changes in the Work, amounts not in dispute shall be included as provided in Section ofthe^ Owner's modified AIA Document A , General Conditions ofthe Gontraerfof " Construction; / /.2 Add that portion ofthe Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed cons truclion (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upc n ia writing), less retainage of joi-five percent (5%) ( Sipij %}i for a project where the contract sum exceeds $500, For a project that is less than $500,000.00, the retainage is ten percent (1U%)..3 Subtract the aggregate of previous payments made by the Owner; and I AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 o this AIA1 Document, or any portion of it, may result in severe civil and criminal User HOtSS: ( )

5 .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the Owner's modified AIA Document A The progress payment amount determined in accordance with Section shall be further modified under the following circumstances:.1 Add, upon Substantial Completion of the Work, a sum sufficient to increaserthettotal payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, liquidated damages, if any, retainage applicable to such work and unsettled claims; and (Section of Owner's modified AIA Document A requires relebse ^/applicable retainage upon Substantial Completion of Work with consent of surety, if an >.).2 Add, if final completion of the Work is thereafter materially delayed througl no Contractor, any additional amounts payable in accordance with Section o AIA Document A feult-otthe- ' Owner' modified Reduction or limitation of retainage, if any, shall be as follows: (If it is Mended, prior to Substantial Completion of the entire Work, to reduce or limit the t*ff(l*gc- mage resulting rcowi from the percentages inserted in Sections and above, and this is not explained els\ insert 'here here in the provisions ( act for such reduction o Except with the Owner's prior approval, the Contractor shall not make advance pa>^ materials or equipment which have not been delivered and stored at the site. L s"tersuppl!ers For 5.2 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner J; Contractor when.1 the Contractor has fully performed the Contract except for the Contractor's responsibility tocprrect nonconforming Work as provided in Section of Owner's modified AIA"Documsnt*?? , and to satisfy other requirements, if any, which extend beyond final paymescand.2 a final Certificate for Payment has been issued by the Architect, by the Archflreetsand CSntractoi hai furnished all close out documents to Owner's Project Manager an,d all are acceptedt5y*theowner The Owner's final payment to the Contractor shall be made no later than thirty (30) days after the issuanceof the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION 6.1 INITIAL DECISION MAKER The Architect will serve as faitjal-decision Maker pursuant to Section Document A , unless the parties appoint below another individual, not a party toj thih as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information ofthf; Initial Decision Maker, if other than the Architect.) 6.2 MEDIATION Claims, disputes, or other matters in controversy arising out of or related to the Contract exbep those waived as provided for in Sections 9.9.4, and of the Owner's modified AIA Document A EO1-207, and smirbe subject to mediation as a condition precedent to filing a lawsuit. i AIA Document A Copyright " 191S, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, , 1987, 1991, 1997 and 2007 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 o this AIA' Document, or any portion of it, may result in severe civil and criminal 11/11/2013 under Order No which expires on 11/05/2014, and is not for resale. Oser notes: " ( )

6 6.32 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section isr^ of Owner's modified AIA Document A , the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other-thtm litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) Arbitration pursuant to Section 15.4 of AIA Document A Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Articl< AIA Document A of Owner sm )dified 7.2 The Work may be suspended by the Owner as provided in Article 14 of Owner's mod A fiec AIA Doc unc nt ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of Owner's modified AIA Document A or another Contract Document, the reference refers to that provision as amended or supplemented by other provision's of the Contract Documents. ^_^-J 8.2 Payments due and unpaid under the Contract shall bear no interest from the date stated belo IOC 3 tc Q..' (Insert rate of interest agreed upon, if any.) j <^<-l is duerm the rate fgst7fl 8.3 The Owner's representative: (Name, address and other information) «facilities Department» «Jefferson Parish School Board» «4600 River Road» «Marrero, LA 70072» 8.4 The Contractor's representative: (Name, address and other information) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1937, 1991, 1997 and 2007 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 o this AIA' Document, or any portion of it, may result in severe civil and criminal TJser Notes: ( )

7 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten (10) days written notice to the other party. The Contractor's Superintendent shall not be replaced or removed from the Project except with the written approval of the Owner. 8.6 Other provisions: l~~! This Agreement shall be governed by the laws of the State of Louisiana and mandator} and exclusive venue for any dispute shall be the 24* Judicial District Court in and for the Parish of Jefferson in Ivhiifh the Owner's main administrative office is located As a material consideration of making this Agreement, the modifications of this Agreeraent-shall-not.beconstrued against the maker of said modifications Notwithstanding anything to the contrary in this Agreement or any document from a pajt hereof, there shall be no mandatory arbitration for any dispute arising hereunder. ' Contractor has provided and will maintain current all insurance policies and endorsements and the separate performance and payment bonds in accordance with the Owner's modified AIA Document A !! i j Contractor shall require all construction workers, whether the Contractor's own fo -ces or the forces of the Contractor's Subcontractors to wear identification in the front of their persons during all times {hat they are on Owner's property. Such identification shall have identification of the construction worker. J L ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agre^mefiC r^enumera the sections below The Agreement is this executed Owner's modified AIA Document A , Standard Form of Agreement Between Owner and Contractor The General Conditions are Owner's modified AIA Document A , General Conditi ns,of the Contract for Construction The Supplementary and other Conditions of the Contract as those are contained in the Project Marmal,\aat< and as described as follows: ;ed in The Specifications: 'Either list the Soecifications here or refer to an exhibit attached to this Agreement The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: AZA Document A Copyright c 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WASHING: This AIA* Document is protected by 0.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 Dser notes: ( )

8 Number Title Date The Addenda, if any: Number Date Pages Additional documents, if any, forming part of the Contract Documents: I Af A F)r»rn**""»»* DOA1TM OftfV? TV**»*o1 F^Tto Prntorrvl DvUJU!* ^"omrtlrttoh h r +*i ft>1 Iruwln a.-. pqpi o Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Co itrc, ct Documt nts. /~l*.,j~rr*'? Frtnr?T-ftrrf 4F A Dnrvrwrrnf ^^Of ft007 rtm^i^fv tfarff hrdrftncr vrmtirfti ~*Z!wyx**i-v??r*n advertisement or invitation to bid, Instructions to Bidders, sample forms and the ^uiuiuuiur s uiu um not part of the Contract Documents unless enumerated in this Agreement. Thcv 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"! 1 of, htfner's modified AIA Document A (State bonding requirements, if any, and limits of liability for insurance required in Article rl^ofalft)oeuister A20J-2007.) ^ t Type of insurance or bond Limit of liability or bond amount ($0.00! This Agreement entered into as of the day and year first written above. ' i Y OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) [ AIA Document A1Q11" Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 User Not03: ( )