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AlA Document A101..1997
Standard Form of Agreement Between Owner and
Contractor where the basis o/payment is a STIPULATED SUM
THIS DOCUMENT HAS IMPORTANT
LEGAL CONSEQUENCES.
CONSUL TA T/ON WITH AN
ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MOD/FICA TION. AUTHENTICA TfON
OF THIS ELECTRON/CALL Y
DRAFTED AlA DOCUMENT MA Y BE
MADE BY USING A/A DOCUMENT
D401.
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 @1997 AIM!>
pr(lceed issued by tbe Owner. AJA DOCUMENT A101.1997
(Insert the date qf commencement iflt dth'ers from the date of this Agreement or. if appliccIble, state that the date will OWNER-CONTRACTOR
be fIXed In a notice to proceed.) AGREEMENT
'fheAmerlcan"fnstttUteo{Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006.5292
1991 Edition -Electronic Format
AGREEMENT made as of the day of in the year of
(In words, indicale day. month and year)
City of Jeffersonville
City-County Bldg.
501 E. Court Ave.
Jeffersonville, IN 47130
Kevco Construction LLC
P.o. Box 3243
812 W. Magnolia Ave.
Louisville, KY 40201
Ken Ellis Senior Center
1425 Pennsylvania Ave.
Jeffersonville, IN 47130
The E~topina1 Group
903 Spring Street
The Owner and Contractor agree as rJl~t-f. e r son vi 11 e, IN 47 1 3 0
BETWEEN the Owner:
(Name. address and other infornwtiOtl)
and the Contractor:
(Name. address and other information)
The Project is:
(Name and location)
The Architect is:
(Name. address and other Infonnat/on)
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
executi(ln of this Agreement, other documents listed in this Agreement and Modifications
issued after execution (If this Agreement; these fonn 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.
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.
@ 1915. 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, 1987, @1997 by The American InstiMe
of Architects. 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 subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subfect the
viollltor to ~g~ prl)",,'!flon. This QQc\lment was electronically prodlKied with permil$sion of the AlA and can
be reproduced in accordance with your license without violation until the date of expiration as noted below.
This document Is not an original NA@ Contract Document, but a reproduction produced by NM
Contract Documents software for administrative purposes only and Is not for other use or resale.
Cler~- \" reo.&~er
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AlA Document A201-1997, General
Conditions of the Contra<;t for
Construction, is adopted in this
document by reference. Do net use
with other general conditions unless
this document is modified.
This document has been approved and
endorsed by The Associated General
Contractors of America.
if, prior to the commencement of the Work, the Owner requires time to tile mortgages,
mechanic's liens and other security interests, the Owner's time requirement shall be as
follows:
3.2 The Contract Time shall be measured from the date of commencement
One Hundred Fifty Days (150)
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions. if any, for liquidaIed damages relating 10 failure to cll7npkte on time or for bonus payments for
early completion of the Work.)
3.3 The Contractor shall achieve Substantial Completion of the entire Work not later
than days from the date of commencement or as follows' THIS DOCUMENT HAS IMPORTANT
.' . " LEGAL CONSEQUENCES.
(Insert /lumber of calendar days. Altemm!vely, a calendar dole ~ be used \Vhe~ coordinated wl!h the da<e .of CONSUL TA nON WITH AN
cOmnu!n~ement. Un~ess sta.ted elsewhere In the Contract Documents, /lisen any requtremenrs for earlIer Substanllal A TTORNEY IS ENCOURAGED WITH
Completion of certam pOrtlOIlS (ffthe Work.) RESPECT TO ITS COMPLETION OR
MOD/FICA nON. AUTHENT/CA nON
OF THIS ELECTRON/CALL Y
DRAFTED AlA DOCUMENT MA Y BE
MADE BY USING AlA DOCUMENT
D401.
Non e AlA Document A201-1997, General
Condition$ of the Contract for
ARTICLE 4 CONTRACT SUM Construction, is adopted in this
4.1 T~e Owner shall pay the Contractor the Contract Sum in current funds for the ~~=: ;~;::~~~it:;':n:
Contractor s performance of the Contract. The Contract Sum shall be Dollars ($ ), subject to this document is modified.
additions and deductions as provided in the Contract Documents. ($ 8 30 000. 00 ) .
'. ' ThIS document has been approved and
Elght Hundred rhlrtv Thousan.d DollaJ;'s anq No CeptsendorsedbyTheAssociatedGeneral
~.2The Contract Sum iSbased flpon ffie follOWIng alternates, If any, which are descnbed Contractors of America.
III the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other irklltiftQti01l of aCI:epted alTernates. If decisions on ather alternates are to be made by
the Owner subsequent to the executwn of this Agreement, attach a schedule of such other alternates showing the
amount for each and the date when that amoUl1t expires)
4.3 Unit prices, if any, are as follows:
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:
Within 45 days of the date it is approved by Board 0
5.1.3 Provided that an Application for Payment is receiveOoy the Architect not later than
the day of a month, the Owner shall make payment to the Contractor Mt later tkH Hlf, J~J "f @1997 AIM
f an Application for Payment is received by the Architect after the application AlA OOCUMENTA101-1997
date fixed above, payment shall be made by the Owner 8M ialllf 1IA:!r Lj _ ft. 1:I.~~'il ~I.l.~...t OWNER-CONTRACTOR
,3;~~"';"~1 IRa . ~.],i lllifollJ f>'A JlI:l)'Ble~t. . . . . ... m ..... .....m ........... .....m.m.m . AGREEMENT
.. . oncethe.gJ::antdraw'l:-s'rece-rvedfTO m the r n d 1 a n a The American Institute ot Architects
Office of Community and Rural Affairs 1735NewYorkAvenue,N.W.
Washington, D.C. 20006-5292
@ 1915, 1918, 19~5, 1937, 1951, HISS, 1961, 1963, 1967, 1974, 1977, 1987.@ 1997 by The American InstiMe
of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws ot the United States and will subj!lCt the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will $Ubject the
vlol$lor to legal pr~Ofl. This doc::ument was electrvnicalJy prm1UCed with ~miS$lcln of the AlA and can
be reproduced in accordance with your license without violation until the date of expiration as noted below.
this document Is not an original AIM Contract Document, but a reproduction produced by AIM
Contract Documents software for administrative purposes only and is not for other U$e or resale,
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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 Work as of the end of the peliod 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 Wark in the schedule of
values, less retainage of percent ( %). Pending final detennim~tion of cost to the
Owner of changes in the Work. amounts not in dispute shall be included as provided
in Subparagraph 7.3.8 of AlA Document A201-l997.
.2 Add that portion of the Contract Sum properly allocable to materials and equipment
de.livered 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 ( %);
Five Percent (5%)
.3 Subtract the aggregate or previous payment" 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 Paragraph 9.5 of AlA Document A20 1-1997 .
5.1.7 The progress payment amount determined in accordance with Subparagraph 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
(Subparagraph 9.8.5 of AlA DOCllmelll ,1201-1997 requires release of applicable re/ainage upon
Substantial Completion of Work with consenl of surety, if wry.)
.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 AIADocument A201-1997.
THIS DOCUMENT HAS IMPORTANT
LEGAL CONSEQUENCES.
CONSUL TATlON WITH AN
A TTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MODIFICA TlON. AUTHENTlCA TION
OF THIS ELECTRON/CALL Y
DRAFTED AlA DOCUMENT MAYBE
MADE BY USING AlA DOCUMENT
0401.
AlA Document A201-1997, General
Conditions of the Contract for
Construction, Is ar;k;Jpted 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.
5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If i/ is intellded, prior to Substantial Completion of the entire Wol'k. to reduce or limit/he re/ainage resul1ing from
tbe percentages inserted in Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract \!i)1997 AIM!l
Documents, insert here provisions for such reduction or limitation.) AlA DOCUMENT A101-1997
Retainage will be held at Five Percent (5%) of theOWNER-CONTRACTOR
AGREEMENT
total contract sum until the project is ete
@1915,1918,1925,1937, 1951,1958,1961,1963,1967,1974, 1977,1987,@1997byTheAmerlcanlnstitute
of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA viQlates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the
violator to leg,1 pl'OSeW1!on. Thi$ document was electronically prodvced with permission of the AlA and can
be reproduced in accordance with your license without violation until the date of expiration as noted below.
Thts document is not an original AIM Contract Document, but a reproduction produced by AlNIJ)
Contract Documents software for administrative purposes only and's not for other use or resale.
Institute
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
3
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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 Subparagraph 12.2.2 of AlA Document
A201-1997, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 a final Certificate for Payment has been issued by the Architect.
5.2.2 The Owner's final payment to the Conlractor shall be made no later than 30 days after
the issuance of the Architect's final Certificate for Payment, or as follows:
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by the Owner or the Contractor as provided in
Article 14 of AlA Document A20 1-1997.
THfS DOCUMENT HAS IMPORTANT
LEGAL CONSEQUENCES.
CONSULTATION WITH AN
A TTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MODIFICA TlON. AUTHENTlCA TlON
OF THIS ELECTRON/CALL Y
DRAFTED AlA DOCUMENT MA Y BE
MADE BY USING AlA DOCUMENT
D401.
AlA Document A201.1997, General
Conditions of the Contract for
ConstfU(;tion, is adopled in this
dooument by reference. Do not use
with other general ccnditions unless
this document is modified.
6.2 The Work may be suspended by the Owner as provided In Article 14 of AlA This document has been approved and
Document A20 1-1997. endorsed by The Associated General
Contractors of America.
ARTICLE 7 MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of AlA Document AlO 1-
~ 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.)
Usury wws and requirements under the Federal Trwh in Lending Act, s;miwr state and local consumer credit laws
and other reglllalions at the Owner's and Contraclor's principal places of business. the location of the Project and
elsewher'f may affect the validity of this provision. Legal advice should be obtalned with respect to deletions or
modifications, and also regarding requireme1!ls such us written disclosures or waivers.)
--
7.3 The Owner's representative is: Mayo r Robert L. Wa i z, Jr.
(Name, address and otheri'lformatlon) C i t Y of Jef f ersonvi 11 e
Ci ty-County Bl,dg., 501 East
Jeffersonville, IN 47130
7.4 The Contra~tor's r~presentative is: Rex Locka t:'d/Kevin Bostock, <'1.1::.....,
(NaTn<!, address and other mformatlon) ':If:?
812 W. Magnolla Ave., ste @J't'9~AIN3
Louisville, KY 40208 AlA DOCUMENT A101-1991
7 5 Neither the Owner's nor the Contractor's representative shall be changed without ten OWNER-CONTRACTOR
. . . AGREEMENT
days wrllten noUce to the other party.
r",
7.6 Other provisions:
~ 1915, 1918,19;25,1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, @ Hl97 by Th~ American Institute
of Architects. Reproduction of the material herein or substantial quotation of its prQvisions without written
penni6Slon of the AlA violates the copyright laws of the !,Jnited Statell ana will subject the violator to IElgal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the
violator to legal prosecution. This dQc!,!men\ Wa$ electronically produced with perml$ion of the AlA and can
be reproduced in accordance with your license without violation until the date of expiration as noted below.
This document Is not an original AIM!> Contract Document, but a reproduction produced by AIM
Contract Documents software for administrative purposes only and Is not tor other use or resale.
of
1735 New York N.W.
Washington, D.C. 20006-5292
4
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ARTICLE a 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, AlA Document AlOl-1997.
8.1.2 The General Conditions are the 1997 edition of the General Conditions of the
Contract for Construction, AlA Document A201-1997.
8.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated ,and are as follows: .
Federal Contract provisions Attached
Document Title Pages
8.1.4 The Specifications are those contained in the Project Manual dated as in
Subparagraph 8.1.3, and are as follows:
(Either list the SpecijicatiofLV here or refer 10 an exhibit attached 10 this Agreemem.)
Attached
Section
Tide
Pages
6.1.5 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 thi.f Agreement.)
Number Title Date
~\
8.1.6 The Addenda, if any, are as follows:
Number Date Pages
1 05/03/2006 11
2 05/11/2006 58
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 8.
THIS DOCUMENT HAS fMPORTANT
LEGAL CONSEQUENCES.
CONSUL TA TION WITH AN
A TTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MOD/FlCA TlON. AUTHENTIC A TION
OF THIS ELECTRON/CALL Y
DRAFfED A/A DOCUMENT MA Y BE
MADE BY USING AlA DOCUMENT
0401.
AlA Document A201-1997, General
CondItions of the Contrad for
Construction, i$ 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.
8.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List here any additional documents that are intended to form part of the Contract Documems. AlA Document A20).
/997 provides that bidding requirements such as advertisement or invitation to bid, lnstructions to Bidders,sample
forms and the Contractor's bid are not part of the Contrtu:t Documents U1Iless enumerated in this Agreemem. TIley
should be listed here only !fintended to be part oftlte Contract DocUJnems.) _
@1997 AJM'J
AlA DOCUMENT A101-1997
. to as of the day and year first written above and is executed in at OWNER-CONTRACTOR
, of which one is to be delivered to the.. Contractor, one to the AGREEMENT
a' ministration of the Contract, and the rem a . . er to $e Own
r\!
@1915, 1916, 1925, 1937, 1$51, 1956, 1961, 1963, 1967, 1974, 1977,1987, @1997byTheAmerican InstiMfl
of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of ttIe AlA violates the COPyright laws of th~ l,./nlted States and will subject thfl violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the
violator to legal p~\ltIon. Thi$ document wa$ el~ronlcally prodllCed with permi$sion of the AlA and can
be reproduced in accordance with your license without violation until the date of expiration as noted below.
this document Is not an original AIM Contract Document, but a reproduction produced by AIM
Contract Documents software for administrative purposes only and Is not for other use or resale.
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
5
"
Mayor Robert L. Waiz, Jr.
(Printed name and title)
Kevin Bostock, Sr-president
(Printed name and title)
@ 1915,1918,1925, 1937,1951,1958, 1961,1963,1967,1974,1977,1987,@1997byTheAmerican Institute
of Architects, 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 subject the violator to legal
proseGUtion. WARNING: I)"UoenM photowpylng viol*, US oopyrigtlt laws mtd will wbject th~
violator to legal prosecution. This document was electronically produced with permission of the AlA and can
be rep!"OOl.lced in accoMmce with your license without violation until the date of expiration as noted below.
This document Is not an original AIM Contract Document. but a reproduction produced by AIM
Contract Documents software for administrative purposes only and Is not for other use or resale.
THIS DOCUMENT HAS IMPORTANT
LEGAL CONSEQUENCES.
CONSULTATION WITH AN
A TTORNEY IS ENCOURAGED W/TH
RESPECT TO ITS COMPLETION OR
MOD/RCA TION. AUTHENT/CA nON
OF THIS ELECTRON/CALL Y
DRAFTED AlA DOCUMENT MA Y BE
MADE BY USING AlA DOCUMENT
0401.
AlA Document A201-1997, General
Conditions of the Contract for
Constnx;tion, if; tKkJpt~ 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.
'=='
@1997 AIMfJ
AlA DOCUMENT Al01-1997
OWNER-CONTRACTOR
AGREEMENT
. ... ... TneMlencanlnslil:ute-ci(Aid-iitectS
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
6