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HomeMy WebLinkAboutSigned ContractPCL XL error Harni '1L ga L11 R TLI = iaTy Qd Document A101 -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 3rd day of January in the year of 2020 BETWEEN the Owner: PR Prima Vista Crossing LLC. This document has important CIO SE Centers LLC. legal consequences. 1541 Sunset Drive Suite 300 Consultation with an attorney Coral Gables Florida. 33143 is encouraged with respect to Phone: 305-216-0099 its completion or modification. AIA Document A201-1997, General Conditions of the and the Contractor: Contract for Construction, is Paul Banee Roofing adopted in this document by 7000 SW 21" Place reference. Do not use with Davie, Florida. 33317 other general conditions 9544924663 unless this document is modified. This document has been approved and endorsed by The Project is: The Associated General Prima Vista Publix Re Roof Contractors of America 7576 US Highway 1 Port St Lucie, Florida 34952 The Atchitect is: (Name, address and other information) 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. AIA Document A101rM-1997. Copyright ©1915, 1910, 7925, 1937, 1950, 1963, 1974, 1977, 199] antl 1997 by The American Institute of Architects. All rights 1 rved. WARNING: This AIA° Document is protected by U.S. Copyright Law antl International Treaties. Uneulhoazetl reproducllon or disldbutlon of this AIA°Document o any portion or It may rea Itl s II d a I I III d Illb p t dt ih I 1 t Ibl d th I ARTICLE 2 THE WORK OF THIS CONTRACT 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. 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 different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. and shall be within ten ( 10) days after the receipt of all of the following: all applicable permits, Owner's Notice to Proceed, signed Owner/Contractor Agreement, filing of a Notice of commencement and confirmation of Owner's adequate financing for construction. If, prior to 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: § 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 days from the date of commencement, or as follows: Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. 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 Fom hundred Twenty Thousand Four Hundred Eleven dollars ($ 429,411.00 ) subject to additions and deductions as providol 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 aze hereby accepted by the Owner: § 4.3 Unit prices, if any, are as follows: Description 4.4 Change Order Markup: Units Price ($ 0.00) 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. § 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: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the loth day of the followine 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 fifteen (15) days after the Architect receives the Application for Payment. AIA Document A107T"-7997. Copyright ©1915, 1915, 1925, 193701958, 1963, 1974, igy], 19aT and 1997 by The American Institute of Architects. All rights Z rved. WARNING: This AIA° Oecumenl Is protectetl by U.S. Copydghl Lew end International Trealiea. Unaulhorized reproduction or distribution at Ihls AIA° Occumenl, or any porllon of It, ma result In severe clvll end crlminel enallles and will be r eculed to the maximum extent ossible antler iha law. § 5.1.4 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, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Worlc 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 ten percent (10%), Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 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 ten percent 00%); 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 a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 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 (Section 9.8.5 of AIA Docmnent A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent ofsureh; if any.) .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 Section 9.10.3 of AIA Document A201-1997. Reduction or limitation of retainage, if any, shall be as follows: § 5.1.9 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 § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond fmal payment; and AIA Document A101Tu-1987. Copydght 01915, 1918, 1925, 1937, 1950, 1963, 1974, 197], 19W and 199] by The American Institute of Architects. All rights 3 rved. WARNING: This AIA° Document Is protected by U.S. Copydght Law antl International Trealles. Unaulhoazed reproduction or dlatribullon o1 this AIA° Doc ant, or an anion of it, ma r aull In severe clvll and criminal enalties antl will be r toted to the mezimum eztent osslbls under the law. 2 a final Certificate for Payment has been issued by the Architect, which shall not be unreasonably withheld § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment. ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA 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 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. (Insert rate of interest agreed upon, if any.) (1 %) monthly § 7.3 The Owner's representative is: Ulises Chirino/ Jeff Scott SEC 1541 Sunset Drive #300 Coral Gables Fl. 33143 (PH) 666-2140 (Fx) 305-6674586 § 7.4 The Contractor's representative is: Omar Velasguez 7000 SW 21s' Place Davie, Florida. 33317 (P) 954-792-7663 (C) 305-613-1575 § 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: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. AIA Document A101 -19g7. Copyright©1915, 1918, 1925, 1937, 1958, 1963, 1974, 1977, 1987 end 1997 by The American Institute of Architects. All rights 4 rved. WARNING: Thls AIAe Document la protected by U.S. Copydght Law and Inlernetlonel Treaties. Unaulhorizetl reprotluctlon or tllalribulion of ihls AIA° Gocument or en onion o/it m esull In severe clvll and criminel enellies and will be r eculetl to the maximum extent ossible under the law. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 11/04/2019 , and are as follows Document Title Pages § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) § 8.1.5 The Drawings are as follows, and are dated § 8.1.6 The Addenda, if any, are as follows: Number Date unless a different date is shown below: Pages Portions of Addenda relating to bidding requirements are not par[ 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: 1. Exhibit A Supplementary Conditions 2. Exhibit B Insurance requirements 3. Exhibit C Schedule of Values 4. Exhibit D Scope of Work including roof specification (20 year NDL) 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. KW FM=R (Printed name and title) (Printed name and title) Date Efate - e AIA Document A701Tp-1997. �opydght ©1915, 1918, 1925, 1937, 1950, 1963, 1974, 1977, 1907 end 1997 by The American Institute of Architects. All rights 5 rvetl. WARNING: This AIA Document Is protecletl by U.S. Copyd9hl Law and Inlemalionel Treaties. Unaulhodzed reproduction or tlislribullon of this AIA° Document or any Portion of it may result in severe civil and edminal penalties and will be prosecuted to the mazlmum ezlent possible under the law.