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75-0303 Spiess Co. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made this third day of March in the year of Nineteen Hundred and Seventy-Five BETWEEN the Owner: The City of Elgin Elgin, Illinois and the Contractor: The Cincinnati Time Recorder Company Chicago, Illinois the Project: The Joseph C. Spiess Company Parking Deck the Architect: Kaltenbach and Ferenc Elgin, Illinois The Owner and the Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, 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 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Parking Equipment for The Joseph C. Spiess Company Parking Deck Elgin, Illinois ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced upon notification to proceed and completed expeditiously and with adequate forces. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • 01974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 2 • ARTICLE 4 CONTRACT SUM The Owner shall pay 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 Twenty-One Thousand Nine Hundred Fifty and 00/100's Dollars ($21, 950. 00) (State here the lump sum amount,unit prices,or both,as desired.) The above Contract Sum is derived as follows: Contract cost as stated in letter from Kaltenbach and Ferenc to Cincinnati Time Recorder Company dated January 8, 1975 $21, 650. 00 Additional Cost to provide custom color finish to all items of equipment 300. 00 Contract Sum $21, 950. 00 ARTICLE 5 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 day of each month per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and 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 days prior to the date on which the Application for Payment is submitted, 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 per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (If not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Payment for all items of equipment purchased and stored off of the site will be made upon receipt of Invoice and acceptable documentation establishing owner- ship and protection of equipment while in storage. Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the place of the Project. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 3 • ARTICLE 6 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 Substantial Completion of the Work unless otherwise stipulated in the 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 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 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 follows: (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) Agreement between Owner and Contractor, dated March 3, 1975 Quotation prepared by Cincinnati Time Recorder Company, dated December 9, 1974 Letter of Intent from Kaltenbach and Ferenc, dated January 8, 1975 This Agreement executed the day and year first written above. OW R The City Eli Csl�1,•ACTOR The Cine innati Time Recorder By I A m Coa. • Y By , Title Title , AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 4