Fill - Free fillable Kentucky Department of Education Version of Document A101 PDF form

Kentucky Department of Education Version of

Document A101™ – 2007

Standard Form of Agreement Between Owner and

Contractor

where the basis of payment is a Stipulated Sum



This version of AIA Document A101™–2007 is modified by the Kentucky Department

of Education. Publication of this version of AIA Document A101–2007 does not imply

the American Institute of Architects’ endorsement of any modification by the Kentucky

Department of Education. A comparative version of AIA Document A101–2007

showing additions and deletions by the Kentucky Department of Education is

available for review on the Kentucky Department of Education Web site.

Cite this document as “AIA Document A101™– 2007, Standard Form of Agreement

Between Owner and Contractor where the basis of payment is a Stipulated Sum —

KDE Version,” or “AIA Document A101™–2007 — KDE Version.”

Kentucky Department of Education Version of

Document A101 – 2007

Standard Form of Agreement Between Owner and Contractor where the basis of

payment is a Stipulated Sum

Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

This version of AIA Document

A101–2007 is modified by the

Kentucky Department of Education.

Publication of this version of AIA

Document A101 does not imply the

American Institute of Architects’

endorsement of any modification by

the Kentucky Department of

Education. A comparative version

of AIA Document A101–2007

showing additions and deletions by

the Kentucky Department of

Education is available for review on

the Kentucky Department of

Education Web site.

This document has important legal

consequences. Consultation with

an attorney is encouraged with

respect to its completion or

modification.

AGREEMENT made as of the day of

in the year

(In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

and the Contractor:

(Name, legal status, address and other information)

for the following Project:

(Name, location and detailed description)

The Architect:

(Name, legal status, address and other information)

The Owner and Contractor agree as follows.

The Larson Group

3026 North Mulroy Rd

Strafford, MO 65757

Charles Scism, C. A. Scism Construction Company

17829 Terryglass Ln

Charlotte, NC 28278

Peterbilt of Greensboro

7061 Albert Pick Rd, Greensboro, NC 27409

Daniel Priest, Priest Architecture

3329 Commonwealth Ave

Charlotte, NC 28205

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Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

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), Owner direct Purchase Orders, Drawings, Specifications, Addenda issued prior to execution of this

Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of

which 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 a

Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as 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.

(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 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.

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Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

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

( ) days from the date of commencement, or as follows:

(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of

commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.

Either list requirements for earlier Substantial Completion here or refer to an exhibit attached to this Agreement.)

Portion of Work Substantial Completion Date

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

Liquidated Damages: As actual damages for delay in completion of Work are impossible to determine, the

Contractor and his Surety shall be liable for and shall pay to the Owner the sum of

($ ), not as a penalty, but as fixed, agreed and liquidated damages for each calendar day of delay until the

Contract Work is substantially completed as defined in the General Conditions of the Contract for Construction. The

Owner shall have the right to deduct liquidated damages from money in hand otherwise due, or to become due, to the

Contractor, or to sue and recover compensation for damages for failure to substantially complete the Work within the

time stipulated herein. Said liquidated damages shall cease to accrue from the date of Substantial Completion.

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

($ ), subject to additions and deductions as provided in the Contract Documents.

(List the base bid amount, sum of accepted alternates, total construction cost (the sum of base bid amount plus sum of

accepted alternates), sum of Owner’s direct Purchase Orders. The Contract Sum shall equal the sum of Total Construction

Cost, less Owner direct Purchase Orders. Either list this information here or refer to an exhibit attached to this Agreement.)

Amount

Base Bid $

Sum of Accepted Alternates $

Total Construction Cost (the sum of base bid amount plus sum of

accepted alternates)

Sum of Owner’s direct Purchase Orders $

Contract Sum (total construction cost less Owner direct Purchase Orders) $

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Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

§ 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 the bidding or proposal documents permit the Owner to accept

other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for

each and the date when that amount expires. Either list alternates here or refer to an exhibit attached to this Agreement.)

Number Item Description Amount

Total of Alternates

§ 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. Either list

unit prices here or refer to an exhibit attached to this Agreement.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.4 Allowances included in the Contract Sum, if any:

(Identify allowance and state exclusions, if any, from the allowance price. Either list allowances here or refer to an

exhibit attached to this Agreement.)

Item Price

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Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

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 day of

a month, the Owner shall make payment of the certified amount to the Contractor not later than the

day of the 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.

State law (KRS 371.405) requires the Owner to pay undisputed Applications for Payment within forty-five (45)

business days following receipt of the invoices. If the Owner fails to pay the Contractor within forty-five (45) business

days following receipt of an undisputed Application for Payment, state law requires the Owner shall pay interest to the

Contractor beginning on the forty-sixth business day after receipt of the Application for Payment, computed at the rate

required by state 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 show the percentage of completion of each portion of the Work 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

percent ( %). Pending final determination of cost to the

Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of

AIA Document A201™–2007, General Conditions of the Contract for Construction — KDE Version;

.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

percent ( %);

.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 A201–2007 — KDE Version.

§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the

following circumstances:

.1 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 Document A201–2007 — KDE Version requires release of applicable retainage

upon Substantial Completion of Work with consent of surety, if any.)

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Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

.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 A201–2007 —

KDE Version.

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

When Owner direct Purchase Orders are used, retainage that would otherwise be held on materials and equipment

shall transfer to the Contractor, and the material suppliers will be paid the full amount of their invoices. The Owner

shall retain ten percent (10%) from each Application for Payment, and an amount equal to ten percent (10%) of

approved Purchase Order payments, up to fifty percent (50%) completion of the Work, then provided the Work is on

schedule and satisfactory, and upon written request of the Contractor together with consent of surety and the

recommendation of the Architect, the Owner shall approve a reduction in Retainage to five percent (5%) of the current

Contract Sum plus Purchase Orders. No part of the five percent (5%) retainage shall be paid until after Substantial

Completion of the Work, as defined in the General Conditions of the Contract for Construction. After Substantial

Completion, if reasons for reduction in retainage are certified in writing by the Architect, a reduction to a lump sum

amount less than the five percent (5%) retainage may be approved by the Owner when deemed reasonable. The

minimum lump sum retainage shall be twice the estimated cost to correct deficient or incomplete work.

§ 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

.1 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 A201–2007 — KDE Version, and to satisfy other

requirements, if any, which extend beyond final payment;

.2 a final Certificate for Payment has been issued by the Architect; and

.3 the Contractor provides the Owner with affidavits that all payrolls, bills for materials, supplies and

equipment, and other indebtedness connected with the Work have been paid or otherwise satisfied, and

with Consent of Surety for final payment.

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 INITIAL DECISION MAKER

The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007 — KDE

Version, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision

Maker.

(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if

other than the Architect.)

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Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

§ 6.2 BINDING DISPUTE RESOLUTION

For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201–2007 —

KDE Version, 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 than litigation, Claims will be

resolved by litigation in a court of competent jurisdiction.)



Arbitration pursuant to Section 15.4 of AIA Document A201–2007 — KDE Version



Litigation in a court of competent jurisdiction where the Project is located



Other: (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document

A201–2007 — KDE Version.

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2007 — KDE

Version.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2007 — KDE Version or another

Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract

Documents.

§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at such rate required

by state law, or in the absence of law, at the legal rate prevailing at the time and place where the Project is located.

(Insert rate of interest agreed upon, if any.)

§ 8.3 The Owner’s representative:

(Name, address and other information)

§ 8.4 The Contractor’s representative:

(Name, address and other information)

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2114260282

Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

§ 8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the

other party.

§ 8.6 Other provisions:

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the

sections below.

§ 9.1.1 The Agreement is this executed AIA Document A101–2007, Standard Form of Agreement Between Owner and

Contractor — KDE Version.

§ 9.1.2 The General Conditions are AIA Document A201–2007, General Conditions of the Contract for Construction —

KDE Version.

§ 9.1.3 The Supplementary and other Conditions of the Contract:

(Either list Supplementary and other Conditions of the Contract here or refer to an exhibit attached to this Agreement.)

Document Title Date Pages

§ 9.1.4 The Specifications:

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

Section Title Date Pages

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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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

§ 9.1.5 The Drawings:

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

Number Title Date

§ 9.1.6 The Addenda, if any:

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

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 Additional documents, if any, forming part of the Contract Documents:

.1 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed by the parties, or the following:

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Init.

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

penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on under

license number , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may

not be reproduced prior to its completion.

.2 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AIA

Document A201–2007 — KDE Version provides that bidding requirements such as advertisement or

invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the

Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to

be part of the Contract Documents.)

A. AIA Document A701–1997, Instructions to Bidders — KDE Version

B. Contractor’s Form of Proposal

C. KDE Purchase Order Summary Form

ARTICLE 10 INSURANCE AND BONDS

The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document

A201–2007 – KDE Version.

(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document

A201–2007 – KDE Version. Either list insurance and bond information here or refer to an exhibit attached to this Agreement.)

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.

OWNER (Signature)

CONTRACTOR (Signature)

(Printed name and title) (Printed name and title)

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