Williamsport Construction Contract

AIA Document A101


Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a


STIPULATED SUM


1987 EDITION


THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.


The 1987 Edition of AIA Document A201, 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.


AGREEMENT made as of the Seventh day of August in the year of Nineteen Hundred and Ninety-Six


BETWEEN the Owner: Pennsylvania National Turf Club, Inc. (Name and address) P. O. Box 32
Grantville, PA 17028


and the Contractor: Warfel Construction Company (Name and address) 812 North Prince Street, P. O. Box 4488
Lancaster, PA 17604


The Project is: Off-Track Wagering Facility (Name and Location) Lycoming Mall
Williamsport, PA


The Architect is: Architectural Concepts (Name and address) 967 East Swedesford Road
Suite 200
Exton, PA 19341 The Owner and Contractor agree as set forth below.


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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 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 in a notice to proceed)


Date of commencement shall be 5 days after receipt of 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 171 calendar days after receipt of Notice to Proceed (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents)


* Tote Room needs to be substantially complete 6 weeks prior to overall
substantial completion date.
* Kitchen needs to be substantially complete 2 weeks prior to overall
substantial completion 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)


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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 ONE MILLION SIX HUNDRED FORTY EIGHT THOUSAND Dollars ($ 1,648,000.00 ), 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 until which that amount is valid.)


4.3 Unit prices, if any, are as follows:


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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 ...