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Home My WebLink About99-03735R AUTUMNDALE TOWNHOUSES Project Number: 9912 Architect: JWF Architects, Inc. ----------------------------------------------------- 49 -3?3S /-q U) Stipulation Against Liens cPage 1 EIA Construction Division Inc Agent for A utumndale Associates, LLC) Owner 1 1 VS. ) (Name, Term, and No. of Court) Independent Development Corporation ) Contractor WHEREAS, the Owner is about to execute contemporaneously herewith a Contract with Independent Development Corporation (Name of Contractor) (an individual trade, a partnership, a corporation) organized and existing under the laws of the State of Pennsylvania for a Contract consisting of 28 townhouses and related site improvements designated as Phase I of Autumndale, located in East Pennsboro Township, Cumberland County, PA. NOW, THEREFORE, June 21. 1999 at the time of and immediately before the execution of the Contract and before any authority has been given by the said Owner and said Independent Develooment Corooration (Name of Contractor) to commence work on the said project or purchase materials for the same in consideration of the making of the said Contract with the said Independent Develooment Corporation (Name of Contractor) and for the further consideration of One Dollar (51.00) paid to the said Independent Develooment Corporation (Name of Contractor) by the said Owner, it is agreed that no mechanic's claims or other liens shall be filed against the building and/or lot ground appurtenant thereto by the said Independent Development Corporation (Name of Contractor) or any Subcontractor, nor materialmen or workmen or any person for any materials or labor or extra materials or labor purchased or furnished in connection with the construction of the said project or any part thereof, the right to file such claims or liens being expressly waived and relinquished herewith. AUTUMNDALE TOWNHOUSES Project Number: 9912 Architect: JWF Architects, Inc. (OWNER) Stipulation Against Liens Page 2 ATTEST: EIA Construction Division. Inc. Agent for Autumndale Associates. LLC Owner's Name rgui 21 -j By: Secretary F. Gordon Bickel, vice-president (Corporate Seal) Business Address: 115 Evergreen Place (Street) East Orange, NJ 07018 (City and State) (CORPORATION PRINCIPAL) ATTEST: Independent Development Corporation Name of Corporation (Corporate Seal) PLingg, Vi Pres Business Address: 2525 Eastern Boulevard (Street) York, PA 17402 (City and State) iwC `? !dent, CE AUTUMNDALE TOWNHOUSES Project Number: 9912 Architects: JWF Architects, Inc. Form of Agreement Between Owner and Contactor Page 1 THIS AGREEMENT made this Twenty-first day of June , in the year Nineteen Hundred and ninety- nine by and between Independent Development Corporation, a corporation organized and existing under the laws of the State of Pennsylvania, hereinafter called the Contractor", and EIA Construction Division Inc Agent for Autumndale Associates LLC, hereinafter called the "Owner". WITNESS, that the Contractor and the Owner for the consideration stated herein mutually agree as follows: ARTICLE 1. STATEMENT OF WORK The Contractor shall furnish all supervision, technical personnel, labor, material, machinery, tools, equipment, and services (including utility and transportation services) and perform and complete all work required to construct 28 townhouses and related site improvements designated as Phase I of Autumndale at the site located in East Pennsboro Township, Cumberland County, PA., all in strict accordance with the Contract Documents, including all Addenda thereto, if any, as prepared by the Architect, JWF Architects, Inc., Harrisburg, Pennsylvania and Hartman and Associates, Inc. Engineers & Surveyors, Camp Hill, Pennsylvania. The work is a single Contract consisting of general construction, site work, utilities, plumbing, heating/ventilation/ air conditioning, and electric work. The Work includes Base Bid Work and Deduct Alternates selected by the Owner as follows: Deduct Alternate No. 1 - Delete footings/foundation walls supporting rear patio slabs Deduct Alternate No. 2 - Delete Armstrong Multi-tex Sheet Vinyl Flooring in kitchen/entry areas and substitute Domco Custom Floor vinyl Deduct Alternate No. 3 - Delete 3rd coat of paint on walls and ceilings Additional work that may be required, beyond that required by the Contract Documents, is subject to written Change Order signed by the Owner, the Contractor, and the Architect. w AUTUMNDALE TOWNHOUSES Project Number: 9912 Architects: JWF Architects, Inc. ARTICLE 2. THE CONTRACT SUM 1. Base Bid (Including all Allowances) Form of Agreement Between Owner and Contractor Page 2 1. Site Improvements 1) Site Work & Utilities ............... $121,400.00 2) Dumpster Pad with Enclosure . $1 344 00 ......... 3) Utility Allowances . , . .................. $41,000.00 Subtotal ........................ $163 744 00 2. , . Buildings (28 @ $52,026) .............. $1 456 728 00 3. . Permit Fees (') , , . 1) Sewer (28 units @ $2,080/unit) ........ $58,240.00 2) Rec. Fee (28 units @ $350/unit) ........ . $9,800.00 3) Act 222 (28 units @ $10/unit) ......... . $280 00 4) Bldg. Permit (28 units @ $450/unit) ..... .. . $12,600.00 4. Performance and Payment Bonds ............ $22 521 00 Subtotal , . ........................ $103,441.00 Does not included Twp. Fee for inspecting Sanitary sewer installation (hourly basis) TOTAL BASE BID ........................ $1,723,913.00 2. Allowances - In accordance with Allowances of the Technical Specifications, the Contractor has included the following Allowances in the Base Bid: a. Water Main Line Lump Sum Allowance of ..... $26.000.00. b. Line Utilities Lump Sum Allowance of ......... $15.000.00. C. Light Fixture Lump Sum per unit allowance of .... $300.00 (Exterior spotlights with dusk to dawn control are excluded.) 3. Deduct Alternates a. Deduct Alternates Selected and to be Paid By Owner ...... Alternate 1 .................... $10.612.00 Alternate 2 .................... $15.400.00 Alternate 3 .................... $ 7.000.00 TOTAL DEDUCT ALTERNATES $33.012.00 4. TOTAL BASE CONTRACT SUM ............. $1.690.901.00 (BASE BID PLUS SELECTED DEDUCT ALTERNATES) The Owner shall pay the Contractor for performance of the work subject to additions and deductions by Change Order as provided in the General Conditions and Supplementary Conditions, in current funds the Total Base Contract Sum of one million six hundred ninety thousand nine hundred and one dollars ( $1.690.901.00 ). (in words) (in figures) AUTUMNDALE TOWNHOUSES Project Number: 9912 Architects: JWF Architects, Inc. 5. UNIT PRICES Form of Agreement Between Owner and Contractor Page 3 The following Unit Prices are provided by the Contractor for certain items of work which are not included in the Contract Work, but which may be required. If this Work is required, the adjustment to the Contract Sum shall be by written Change Order based on the actual unit measure and unit price. ITEM NO. DESCRIPTION UNIT MEASURE UNIT PRICE 1. Rock Excavation a. Blasting (mass) CY $ 28.00 b. Blasting (trench) CY _$ 54.00 a. Machine CY $190.00 2. Compacted sub-base & 2-B S. Y. S 3.15 stone base, 4" depth 3. Excavation (mass) C. Y. $ 1,75 4. Compacted sand base, 12" S. Y. S 9.75 depth 5. 4" thick 3,000 psi S.Y. $ 28.00 Air entrained fibermesh concrete Cured and finished 6. Bituminous Paving S. Y. $ 12.50 construction consisting of 1" Wearing Course (ID-2A) on 2" Binder (ID-2A) on 6" Compacted Stone Base (No. 4) on Compacted Earth 7. Excavation (trench) C. Y. S 7.50 The above unit prices given by the Contractor shall include all labor, equipment, appliances, materials, finishes, shoring, removal off site, overhead, profit, insurance, etc. AUTUMNDALE TOWNHOUSES Project Number: 9912 Architects: JWF Architects, Inc. Form of Agreement Between Owner and Contractor Page 4 ARTICLE 3. ADDITIONAL WORK ADDITIONAL WORK OTHER THAN BASE BID WORK AND UNIT PRICE WORK: 1. The Contractor agrees to furnish all labor, equipment, appliances, materials, finishes, shoring, scaffolding, removal of debris off site for any additional work requested for which no Unit Price has been fixed, for the net cost of all labor, equipment, appliances, materials, finishes, shoring, scaffolding, removal of debris off site, plus the following: a. Fifteen percent 15%) for overhead and profit. b. Zero percent (0 %) for insurance and bonds. 2. Additional work provided by the Contractor shall be paid as an additional sum to the Base Contract Sum. The adjustment to the Base Contract Sum shall be executed by Change Order in accordance with the Contractor's Proposal on the basis provided above. ARTICLE 4. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 1. The total Contract Time shall be the period of time (in calendar days) from commencement of the work to the substantial completion of all work as indicated in the Contractor's Bid Form. 2. Adjustments to Contract time for additional work, not included in the Base Bid Work, shall be by Change Order. 3. The undersigned Contractor further agrees that if awarded the Contract, he will commence work within fifteen 0 5) calendar days after the date of the "Notice To Proceed" and shall substantially complete the Base Bid Work within 240 calendar days from the commencement date on the "Notice To Proceed". ARTICLE 5. PAYMENTS Progress payments and final payment of the Contract Sum to the Contractor shall be as provided in the General Conditions. AUTUMNDALE TOWNHOUSES Project Number: 9912 Architects: JWF Architects, Inc. Form of Agreement Between Owner and Contractor Page 5 ARTICLE 6. ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents: A. Contract Documents, as noted in Subparagraph 1.1.1 of the General Conditions, are enumerated as follows: 1. Instructions to the Contractor 2. Proposal 3. Agreement Between Owner and Contractor including Stipulation Against Liens 4. General Conditions 5. Supplementary Conditions 6. Special Conditions 7. Outline Specifications 8. Drawings 9. Performance Bond 10. Payment Bond 11. Contractor's Warranty 12. Contractor's Affidavit 13. Consent of Surety Company to Final Payment (AIA Document) 14. All Addenda issued prior to Execution of the Agreement 15. All Modifications, Change Orders, and Written Interpretations of the Contract Documents issued by the Architect This instrument, together with the other Documents enumerated in Article 6, which said other Documents are as fully a part of the Contract as if hereto attached or herein repeated, for the Contract. In witness whereof, the parties hereto have caused this instrument to be executed in three (3) original counterparts as of the day and year first above written. AUTUMNDALE TOWNHOUSES Project Number: 9912 Architects: JWF Architects, Inc. (OWNER) ATTEST: 2 OIAJ? 2\ W Secretary (Corporate Seal) ATTEST: Form of Agreement Between Owner and Contractor Page 6 EIA Construction Division. Inc. (Agent for Autumndale Assoc.. LLC) Owner's Name F. Gordon Bickel, Vice-president Business Address: 115 Evergreen Place (Street) East Orange, NJ 07018 (City and State) (CORPORATION PRINCIPAL) Independent Development Corporation Name of Corporation Pau D. Lingg, ice-President, CEC Business Address: 2525 Eastern Boulevard (Street) York. PA 17402 (City and State) (Corporate Seal) Lj N 4- 4_ L.: ?D L• J lJ