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HomeMy WebLinkAbout74-0715 Tonyan Construction THE AMERICAN INSTITUTE OF ARCHITECTS r ky.7415.%, AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. AGREEMENT made this Fifteenth day of July in the year of Nineteen Hundred and Seventy-Four BETWEEN THE CITY OF ELGIN Elgin, Illinois the Owner, and TONYAN CONSTRUCTION COMPANY, INC. McHenry, Illinois the Contractor. • • The Owner and the Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT•SEPTEMBER 1967 EDITION •MA® 1 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Riverside Drive Improvements and The Joseph C. Spiess Company Parking Deck Riverside Drive, Elgin, Illinois (Insert above the caption descriptive of the Work as used on other Contract Documents.) ARTICLE 3 ARCHITECT The Architect for this Project is Kaltenbach and Ferenc 17 Douglas Avenue Elgin, Illinois ARTICLE 4 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced immediately and completed in accordance with the Contractorts approved Construction Progress Schedule. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) • • • AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION • AIA® 2 ©1%7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 ARTICLE 5 CONTRACT SUM The O'.•.ee- sh:'!! r,,'the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of One Million Three Hundred Fifteen Thousand Six and no/100ts Dollars ($1, 315, 006. 00) (State here the lump sum amount,unit prices,or both,as desired.) The above Contract Sum is based upon the following: 1. Acceptance of Proposal from Tonyan Construction Company dated June 18, 1974 $1, 086, 681. 00 2. Assignment to Tonyan Construction Company, Inc. of Contract for Pile Foundations (Pileco, A Division of Caisson Corp. ) 41, 010. 00 3. Assignment to Tonyan Construction Company, Inc. of Contract for Structural Metal (Vierling Steel Works) 187, 315. 00 CONTRACT SUM $1, 315, 006. 00 ARTICLE 6 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 pro- vided in the Conditions of the Contract as follows: On or about the tenth day of each month ninety per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety per cent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to the first day of that month, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (Here insert any provisions made for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) • AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION •AIA® 3 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 • ARTICLE 7 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum,shall be paid by the Owner to the Contractor thirty days after Substantia! Comp!ction of the Work unless otiherwist stipuiated in tile Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed, _ and a final Certificate for Payment has been issued by the Architect. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 8.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor,are listed • in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as fo;lows: (List below the Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) 1. Agreement Between Owner and Contractor, dated July 15, 1974 2: Proposal Form as executed by the Contractor, dated June 18, 1974 3. Addendum No. 1 dated June 11, 1974 4. Instructions to Bidders dated May 21, 1974 5. Drawings and Specifications as follows: • Drawings Al through A9 dated May 21, 1974 Drawings Cl through C6 dated May 21, 1974 Drawings S1 through S 5 dated May 21, 1974 Drawings MPE1 and MPE2 dated May 21, 1974 Drawings P1 through P3 dated May 21, 1974 Drawings El through E3 dated May 21, 1974 Specifications dated May 21, 1974 • AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION • AIA® 4 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE.,'N.W., WASH., D. C. 20006 This Agreement executed the day and year first written above. OWNER CONTRACTOR THE rCITY OF ELGIN rl TONYAN CONSTRUCTION COMPANY, INC. � I Title \ 1 \!, ! ?. ) Title Secretary—Treasurer AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• SEPTEMBER 1967 EDITION • MA® 5 01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., O. C. 20006