I

Standard Form of Agreement Between Owner and

Contractor where the basis of payment is a Stipulated Sum

AlA Document A1O1 - Electronic Format

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D40 I

The 1987 Edition of AlA Document A20 I, 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. This document has been approved and endorsed by The Associated General Contractors of America.

Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1962, 1967, 1974, 1977, copyright 1987 the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution.

AGREEMENT

made as of the day of in the year of Nineteen Hundred and

BETWEEN the Owner:

(Name and address)

and the Contractor:

(Name and address)

The Project is:

(Name and location)

The Architect is:

(Name and address)

The Owner and Contractor agree as set forth below.

AlA DOCUMENT A101 OWNER-CONTRACTOR AGREEMENT TWELFTH EDITION • AlA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF Architects. 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted belrm Electronic Format AIOI-1987

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ARTICLE I

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 9.

ARTICLE 2

THE WORK OF THIS CONTRACT

The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:

ARTICLE 3

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, 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.

(insert the date of commencement, if it differs from the date of this Agreement, or, if applicable, state that the date will be fixed it a notice to proceed.)

AS FIXED IN THE NOTICE TO PROCEED

Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic s liens and other security interests.

3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than

(Insert the calendar date or number of calendar days after the date of commencement. Also insert an, v requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.)

CALENDAR DAYS FROM NOTICE TO PROCEED

subject to adjustments of this Contract Time as provided in the Contract Documents.

(Insert provisions, ~f any, for liquidated damages relating to failure to complete on time.)

OWNER AND CONTRACTOR AGREE THAT AS LIQUIDATED DAMAGES FOR DELAY BUT NOT AS A PENALTY) CONTRACTOR SHALL PAY OWNER ONE HUNDRED AND NO/100 DOLLARS ($100.00) FOR EACH DAY THAT EXPIRES AFTER THE TIME SPECIFIED IN THE BID FORM FOR SUBSTANTIAL COMPLETION until THE WORK IS SUBSTANTIALLY COMPLETE.

ARTICLE 4

CONTRACT SUM

4.1 The Owner shall pay the Contractor in current funds for the Contractor s performance of the Contract the Contract Sum of Dollars ($ ), subject to additions and deductions as provided in the Contract Documents.

AlA DOCUMENT AI0I . OWNER-CONTRACTOR AGREEMENT • TWEI.FTH EDITION • AlA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW., WASHINGTON, D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below

Electronic Format AlOl-l987

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4.2	The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are

hereby accepted by the Owner:

(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this

Agreement. attach a schedule of such other alternates showing the amount far each and the date until which that amount is valid.)

4.3	Unit prices, if any, are as follows:

N/A

ARTICLE 5

PROGRESS PAYMENTS

5.1	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.

5.2	The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

5.3	Provided an Application for Payment is received by the Architect not later than the FIRST day of a month, the Owner shall make payment to the Contractor not later than the THIRTIETH day of the SAME 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 days after the Architect receives the Application for Payment.

5.4	Each Application for Payment shall be based upon the 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 and 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.

5.5	Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

5.6	Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

5.6.1.	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 total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of TEN percent (LQ %) . Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order;

5.6.2	Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation inihe 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 (i.Q %);

5.6.3	Subtract the aggregate of previous payments made by the Owner; and

5.6.4	Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.

AlA DOCUMENT AIOl . OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION AlA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCI-IITECTS. 1735 NEW YORK AVENUE. NW., WASHINGTON, D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below

Electronic Format A 101-1987

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5.7	The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances:

5.7.1	Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to 2Q... percent ( 2!!. %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and

5.7.2	Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.

5.8	Reduction or limitation of retainage, if any, shall be as follows:

(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subparagraphs 5.6.1

and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, Insert here provisions for such reduction or limitation.)

RETAINAGE SHALL BE WITHHELD AND PAYMENTS WILL BE MADE BY THE OWNER IN THE PAYMENT AMOUNT OF

NINETY PERCENT (90%) OF THE APPROVED PAYMENT APPLICATIONS UP TO AND INCLUDING 50% OF WORK

COMPLETED. AT THAT TIME RETAINAGE MAY BE REDUCED AND SUCCEEDING PAYMENTS WILL BE MADE IN THE

AMOUNT OF 95% OF THE APPROVED PAYMENT APPLICATIONS IF THE CONTRACTOR SUBMITS HIS REQUEST IN

WRITING AND IT IS APPROVED BY THE OWNER S CONTRACTING OFFICER.

ARTICLE 6

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 Contract has been fully performed by the Contractor except for the Contractor s responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect s final Certificate for Payment, or as follows:

CONTRACTOR S FINAL APPLICATION FOR PAYMENT MUST BE ACCOMPANIED BY A CLEAR LIEN CERTIFICATE OBTAINED FROM THE PARISH CLERK OF COURT NOT LESS THAN 45 DAYS AFTER THE OWNER~ RESOLUTION ACCEPTING THE WORK AS SUBSTANTIALLY COMPLETE HAS BEEN FILED WITH THE CLERK OF COURT

ARTICLE 7

MISCELLANEOUS PROVISIONS

7.1	Where reference is made in this Agreement to a provision of the General Conditions 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.)

(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners and Contractors principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)

7.3	Other provisions:

ARTICLE 8

TERMINATION OR SUSPENSION

8.1	The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.

8.2	The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.

AlA DOCUMENT AlOl . OWNER-CONTRACTOR AGREEMENT . TWELFTH EDITION • AlA COPYRIGHT 1987 TI-IF AMERICAN INSTITUTE OF ARCIIIHCTS, 1735 NEW YORK AVENUE, NW.. WASHINGTON, D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below

Electronic Format AlOl-l987

User Document: OWN-CTR.DOC — 6/11/1998. AlA License Number 103537, which expires on 5/31/1 999 — Page #4

ARTICLE 9

ENUMERATION OF CONTRACT DOCUMENTS

9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:

9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document Al01, 1987 Edition.

9.1.2	The General Conditions are the General Conditions of the Contract for Construction, AlA Document	z~Auti~~.

9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated DECEMBER.

1997, and are as follows:

Document	Title	Pages

HUD 5370	GENERAL CONDITIONS OF THE

CONTRACT FOR CONSTRUCTION

PUBLIC AND INDIAN HOUSING PROGRAMS 18 PAGES

9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows:

(Either list the Specifications here or refer to an exhibit attached to this Agreement.)

Document	Title	Pages

REFER TO ATTACHED EXHIBIT "A"

9.1.5 The Drawings are as follows, and are dated unless a different date is shown below:

(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

Number	Date	Pages

REFER TO ATTACHED EXHIBIT "B"

9.1.6	The addenda, if any, are as follows:

Number	Date
Pages

Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.

9.1.7	Other documents, if any, forming part of the Contract Documents are as follows:

(List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as

advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractors bid are not part of the Contract Documents unless enumerated in this

Agreement. They should be limited here only if intended to be part of the Contract Documents.)

A.	WAGE DETERMINATION

B.	_ INSTRUCTIONS TO BIDDERS

C	CONTRACTORS BID

D.	NOTICE OF AWARD

E	NOTICE TO PROCEED

F	PERFORMANCE AND PAYMENT BONDS

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

AlA DOCUMENT AIOI . OWNER-CONTRACTOR AGREEMENT TWELFTH EDITION . AIA~ COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. NW., WASHINGTON, D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the MA and can be reproduced without violation until the date of expiration as noted below

Electronic Format A101-
1987

User Document: OWN-CTR.DOC — 6/11/1998. AlA License Number 103537, which expires on 5/31/1 999 — Page #5

Owner.

OWNER	CONTRACTOR

(Signature)

(Signature)

(Printed name and title)

(Printed name and title)

AlA DOCUMENT AIOI . OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION . AlA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below

Electronic Format Al01-
1987

User Document: OWN-CTR.DOC — 6/11/1998. AlA License Number 103537, which expires on 5/31/1 999 — Page #6