1997 EDITION
AIA DOCUMENT A101-1997
Standard Form of Agreement Between Owner and Contractor where the basis of
payment is a STIPULATED SUM
AGREEMENT made as of the 22nd day of September in the year
(IN WORDS, INDICATE DAY, MONTH AND YEAR)
BETWEEN the Owner: Hard Rock Hotel, Inc
(NAME, ADDRESS AND OTHER INFORMATION) 0000 Xxxxxxxx Xxxx
Xxx Xxxxx, Xxxxxx 00000
and the Contractor: X.X. Xxxx Construction, Inc.
(NAME, ADDRESS AND OTHER INFORMATION) 0000 Xxxxx Xxxxxxx
Xxx Xxxxx, Xxxxxx 00000
The Project is: Hard Rock Hotel Tower/Pool Expansion
(NAME AND LOCATION) 0000 Xxxxxxxx Xxxx
Xxx Xxxxx, Xxxxxx 00000
The Architect is: Klai::Juba Architects
(NAME, ADDRESS AND OTHER INFORMATION) 0000 Xxxx Xxxxxxx Xxxx
Xxxxx X
Xxx Xxxxx, Xxxxxx 00000
This document has important legal consequences. Consultation with an attorney is
encouraged with respect to its completion or modification.
AIA Document A201-1997, 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.
The Owner and Contractor agree as follows.
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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 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 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.
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, 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.
September 1, 1998
3.3 The Contractor shall achieve Substantial Completion of the entire Work
not later than 209 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. UNLESS STATED ELSEWHERE IN
THE CONTRACT DOCUMENTS, INSERT ANY REQUIREMENTS FOR EARLIER SUBSTANTIAL
COMPLETION OF CERTAIN PORTIONS OF THE WORK.)
, subject to adjustments of this Contract Time as provided in the Contract
Documents.(INSERT PROVISIONS, IF ANY, FOR LIQUIDATED DAMAGES RELATING TO
FAILURE TO COMPLETE ON TIME OR FOR BONUS PAYMENTS FOR EARLY COMPLETION OF
THE WORK.) Liquidated damages shall be set at $25,000.00/day per
Section 7: Instructions to Bidders, SpecialTerms and Conditions. The
contractor shall not be assessed with liquidated damages nor the cost for
engineering inspection during any delay in the completion of the work
caused by acts of God, the public enemy, fire, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, or due to such
causes, provided that the Contractor shall withinfive (5) days from the
beginning of such delay notify the Owner in writing of the causes of delay.
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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
Thirty-Nine Million Nine Hundred Fifty-Five Thousand Six Hundred Two
Dollars ($39,955,602.00) subject to additions and deductions as provided in
the Contract Documents.
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 FOR EACH AND THE DATE WHEN THAT AMOUNT EXPIRES.)
See attached Exhibit #1 Dated 9/9/98
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 Owner by the
Contractor and Certificates for Payment issued by 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: The
period covered by each Application for Payment shall be one (1) calendar
month ending the 25th day of the month
5.1.3 Provided that an Application for Payment is received by the
Architect not later than the 25th day of a month, the Owner shall make
payment to the Contractor not later than the 30th day of the following
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 30 days after the owner receives the Application for Payment.
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 owner, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
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5.1.5 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.
5.1.6 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 10% percent (10%). Pending final determination 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 AIA Document A201-1997;
.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 Ten percent (10%);
.3 Subtract the aggregate of previous payments made by the Owner;
and
.4 Subtract amounts, if any, for which the Owner has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of
AIA Document A201-1997.
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 AIA DOCUMENT A201-1997 REQUIRES RELEASE OF
APPLICABLE RETAINAGE UPON SUBSTANTIAL COMPLETION OF WORK WITH CONSENT
OF SURETY, IF ANY.)
.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 AIA Document
A201-1997.
5.1.8 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
CLAUSES 5.1.6.1 AND 5.1.6.2 ABOVE, AND THIS IS NOT EXPLAINED ELSEWHERE IN
THE CONTRACT DOCUMENTS, INSERT HERE PROVISIONS FOR SUCH REDUCTION OR
LIMITATION.)
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 AIA 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 Contractor
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5.2.2 The Owner's final payment to the Contractor shall be made no
later than 60 days after the issuance of the Architect's final Certificate
for Payment, or as follows: Temporary Certificate of Occupancy from Xxxxx
County is issued and the owner is able to occupy and use the facility for
its designed use.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by the Owner or the Contractor as
provided in Article 14 of AIA Document A201-1997.
6.2 The Work may be suspended by the Owner as provided in Article 14
of AIA Document A201-1997.
ARTICLE 7 MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of AIA
Document A201-1997 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 LAWS AND REQUIREMENTS UNDER THE FEDERAL TRUTH IN LENDING ACT,
SIMILAR STATE AND LOCAL CONSUMER CREDIT LAWS AND OTHER REGULATIONS AT THE
OWNER'S AND CONTRACTOR'S 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 The Owner's representative is: Xxxx Xxxxx
(NAME, ADDRESS AND OTHER INFORMATION) Hard Rock Hotel, Inc.
0000 Xxxxxxxx Xxxx
Xxx Xxxxx, Xxxxxx 00000
7.4 The Contractor's Representative is: Xxxxxxx Xxxxx
(NAME, ADDRESS AND OTHER INFORMATION) X.X. Xxxx Construction, Inc.
0000 Xxxxx Xxxxxxx
Xxx Xxxxx, Xxxxxx 00000
7.5 Neither the Owner's nor the Contractor's representative shall be
changed without ten days' written notice to the other party.
7.6 Other provisions:
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ARTICLE 8 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, AIA Document A101-1997.
8.1.2 The General Conditions are the 1997 edition of the General
Conditions of the Contract for Construction, AIA 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:
Document Title Pages
See Attached Exhibit #2 Dated 9/9/98
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 SPECIFICATIONS HERE OR REFER TO AN EXHIBIT ATTACHED TO
THIS AGREEMENT.)
Section Title Pages
See Attached Exhibit #2 Dated 9/9/98
8.1.5 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 Title Date
See Attached Exhibit #2 Dated 9/9/98
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8.1.6 The Addenda, if any, are as follows:
Number Date Pages
See Attached Exhibit #2 dated 9/9/98
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.
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 DOCUMENTS. AIA DOCUMENT A201-1997 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.)
None
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 Owner.
/s/ Xxxx Xxxxx /s/ Xxxxxxx X. Xxxx
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OWNER (Signature) CONTRACTOR (Signature)
15 FEB 99 Xxxxxxx X. Xxxx, Pres.
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(Printed name and Title) (Printed name and Title)
V.P Construction
CAUTION: YOU SHOULD SIGN AN ORIGINAL AIA DOCUMENT OR A LICENSED REPRODUCTION.
ORIGINALS CONTAIN THE AIA LOGO PRINTED IN RED; LICENSED REPRODUCTIONS ARE THOSE
PRODUCED IN ACCORDANCE WITH THE INSTRUCTIONS TO THIS DOCUMENT.
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