HomeMy WebLinkAbout05-1297
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CONTRACTOR'S WAIVER AND RELEASE OF LIENS AGREEMENT
~~\ .
THIS AGREEMENT, made and concluded this !:::> day of f.e hrJtl ("
etween PR Capital j:ity Limited Partnership of Philadelphia, P A ("Owner"), and
1 If" : afc,? I N.C . ("Contractor").
, 2005"
Whereas by a duly executed written purchase order (the "Purchase Order"), a copy of hich is
attached hereto as Exhibit "A" and the provisions of which are made a part hereof as if fully et forth
herein, Owner and Contractor have contracted for the erection, construction and compl tion of
(the "Improvements") to be erected on real estate desc 'bed in
Exhibit "B" attached (the "Property"); and
Whereas by the terms of the Purchase Order, Contractor has covenanted, promised and agreed
that no mechanics or materialmen's lien or claims would be filed or maintained against the Pro erty or
any part thereof either by himself or anyone else for or on account of any work, labor or m terials
supplied in the performance of the Purchase Order, or under any supplemental contract or for extr work,
in the erection, construction or completion of the Improvements on the Property.
NOW THIS AGREEMENT WITNESSETH:
I. The Contractor, for himself and anyone else acting or claiming through or under hi , for
an in consideration of the Purchase Order and the considerations mentioned therein, and in or er to
permit the Owner to procure the making of one or more loans on the Improvements and the prope and
intending to be legally bound hereby, does hereby waiver, release, relinquish and quitclaim in fa or of
the Owner and each and every lender on the Property and Improvements, all right to lien, claim or otice
of and agree that no lien or claim of any kind whatsoever shall be filed or maintained again the
Improvements or the estate or title of Owner in the Property by or in the name of Contractor 0 any
subcontractor, materialmen or laborers for work done or materials furnished under the Purchase Or r or
by any other party acting through or under them or any of them for and about the Improvements 0 the
Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and lab rers
on the work shall look to and hold Contractor personally liable for payment of all subcontrac ors,
materials furnished and work and labor done, so that there shall not be any legal or lawful claim 0 any
kind whatever against Owner for any work done or labor or materials furnished pursuant to the Purc ase
Order for and about the erection, construction and completion of the Improvements, or under ny
contract or change order for extra work, or for work supplemental thereto or otherwise.
2. This Agreement waiving the right of lien shall be an independent covenant and s all
operate and be effective as well with respect to work done and materials furnished under ny
supplemental contract or change order for extra work in the erections, construction and completion of he
Improvements as to any work and labor done and materials furnished pursuant to the Purchase Order, d
shall bind all successors and assigns of the Contractor. The Contractor agrees that it has not and, will ot
assign its claim for payment under the Purchase Order.
3. In the event Contractor consists of more than one person, firm or corporation, t e
undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and t e
word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singul r
shall be deemed to include the plural, and the neuter shall be deemed to include the masculine a
feminine, as the context may require.
Page I
~ - ;,:,#0)
IN WITNESS WHEREOF, the Contractor has hereunto set (its) (his) their hand and eal dated
the day and year first above written.
ATTEST:
CONTRACTOR:
Sr. VP Adm' listration
We
(If Owner or Managing Agent or Contractor is a corporation, this agreement should be e ecuted
by its President or Vice President, and its Secretary or Treasurer, and the corporate seal impres ed. If
either is a partnership, all partners should execute this agreement; and if either is an indivi ual or
partnership, all signatures should be witnessed.)
STATE OF
,) ,
j~E 1< Ihy i (,'CUlf ti.
Y C,'1/L-.
)
)
)
COUNTY OF
Pers na y a peared before m<:, the~dersigned, a N?tary Pub!~7 ~~Jnd for said Coun and
State, z () ",SOf IV' ,r "-0.9 !V'_1k~~'I~Jl, w'llo ac'lmowledged that h did
sign and seal the foregoing instrument for, and on behalf of, said ~<:Av Ass"" ,i<f<'j ,
being thereunto duly authorized to do so and that the same is the free act and deed as such officer and
the free aet and deed of said L"IJ<cJ '\5S0 ,ink' ~ ,
Th
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 15: da of
-r:1"'U(L) ,200!
. '.~ (;Z.
Notary Pu lie
NotadaI SooI
Men! C. ~, Ndmy PubIlc
J::.:t.. Boro, - c.-y
My , IhpbeI JUlIe U. 2006
1lGntler, Aeaoc:iflllclhOl NaCIltIee
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'AIA Document A101™ -1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT made as of the FelJruary 11, 2005
in the year of
(In words, indicate day, month and year)
day of
BETWEEN the Owner:
(Name, address and other information)
PR Capital City Limited PartnershiP
and the Contractor:
(Name, address and other ilifonnation)
Lobar Associates, Inc.
4 Sarlo Circle
Dillsburg, PA 17019
The Project is:
(Name and location)
Capital City Mall Redeveloprent
35C6 Capital City Mall Drive
Carrp Hill, PA 17011
The Architect is:
(Name, address and other information)
Cr'epte Planning & ~sign
The Chrysler &lilding
405 LexirY,Jtoo Av~
TClNer Suite 70
New York, NY 10174
The Owner and Contractor agree as foJlows,
This documen has important
legal consequ nces.
Consultation h an attorney
is encouraged 'th respec110
its completion r modi1ication.
AlA Document 201-1997,
General Coodi ODS of the
Contract tor C truction, is
adopted in this umem by
reference. Do t use with other
general condit' ns unless this
document is m ilied.
This document as been
approved and e orsed by The
Associated Ge ral Contractors
of America.
AlA Document A101nl-1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1981, 19B3, 1967, 1974. 1977, 1980, 1987, 1991 and 1997 y The
American Institu1e 01 Architects. An rights reserved. WARNING; This AlAe Document (s protected by U.S. Copyright Law and Internatlona Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or .ny portion of It, mlly result in severe civil and crlmlna1 penalties, nd will be
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when co pleteO. To
report copyright violations of AlA Contract Documents, e-mail The Ameyican Institute of Architects' legal counsel. copyright@aja.org.
1
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and otber
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
ConIract 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, eitbtr ~ritten or oral. An
enumeration of tbe Contract Documents, other tban Modifications, appears in Aniele 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documen\);, except to the extent specifically indicated
in the Contract Documents to be the responsibility of otbers.
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.
(In,ullhe dale of commencement if il differ> from the dale of Ihis Agreemenl or, if applicable, slale Ihal the dale will be
fixed in a nOlice 10 proceed.) 2/13/05
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security
interests. lbe Owner's time requirement shall be as follows;
~ 3.2 The Contract Time shall be measured from the date of commencement.
~ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days
from tbe date of commencement, or as follows;
(In..rt number of calendar day'. Alternalively, a calencinr date may be ",ed when coordinated with the date of
commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial
Complelion of certain porlions of the Work.)
See attached Schedule for Mil estone Dates
, subject to adjustments of this Contract Time as provided in lbe Contract Documents.
(In,ul provisions, if anyJor liquidated dnmages relating 10 failure to complele on time or for bonus paymellls for early
completion of the Work.) u.ner shall irrpo~Uquidated damages in the aJ1DUl1t of $200.00 per
day for each day beyond the milestone dates that cootractorhasftliled
to meet,utlder the coodition for the delay is rot caused by apart}
otherth9.IJ the contractor.
ARTICLE 4 CONTRACT SUM
S 4.1 The Owner shall pay the Contractor lbe Contract Sum in current funds for lbe Contractor's performance of the Contract.
The Contract Sum shall be four mill ion five hundred tl\€l1ty eight thclJsand Dollars
($ 4,528,000.00 ), subject to admtions and deductions as prOVIded to the Contract Documents.
AlA Document A101nt-1997. Copyr5gM @1915, 1916. 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977, 1980, 1987, 1991 and 1997 byThe
American Institute 01 Architects. All rights reeerwd. WARNING: This AlAe Document is protected by U.S. CDpyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of It. may result in severe cfvil and criminal penalties, and wUl be
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10} capies of this document when completed. To
report copyright violations of AlA Contract Documents, &-mail The American Institute of Architects' legal counsel, copyrighf@ala,org.
~ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract ocuments and
are hereby accepted by tbe Owner:
(State the numbers or other identification of accepted altemates, If decisions on other alternates are to be nade by the
Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing t e amount for
each and the date when that amount expires}
See attached "Bid" SLlTl11ary breakdor.l1, including listed additims and
deductims. o..ner shall also have the option in the future to add the
follClliing scope itans/costs: a) Supply and install paint on all exterior
surfaces of mall building and screen walls using a 3 coat Sherwin Wiliams sy tern
at an additimal cost of $32,400.00. b) Supply and install a dedicated water line
and Sf!tler' line to Kiosk 116, cable includingexcavation and terrazo restorati
at an additimal cost of $12,628.00
~ 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 Arc.hitect by the Contractor and Certificates fo
issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Con
provided below and elsewbere in the Contract Documents,
Payment
actor as
S 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last d
or as follows: Pay applicatim perlod shall end the 15th day of each rrooth.
of the month,
o.ner
~ 5.1.3 Provided that an Application for Payment is received by the ~ not later than the 15th
day of a month, tbe Owner shall make payment to the Contractor not later than the o.nJ5th day of
the month, If an Application for Payment is received by the ~ after the application date fixed abov~r
payment shall be made by the Owner not later than ( oW. 30 ) days after t e ~
receives the Application for Payment, 5.~.- 1-:
~-I~-C) \11~
S 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitteu by the Co tractor in
accordance with the Contract Document~, The. schedule of values shall allocate the entire Contract Sum among the various
portions of the Work, T~dule of values shall be prepared in such form and l\MIlllPfIed by such data to sub antiate its
accuracy as the ~ may reqnire, This schedule, unless objected to by the ~, shall be used as a ba is for
reviewing the Contraclor's Applications for Payment
S 5.1.5 Applications for Payment shall indicate the percentage uf completion of each portion of the Work as of t end of the
period covered by the Application for Payment.
AlA Document A101"'l11-1997. Copyrtght @1915. 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1967. 1974>, 1977, 1980,1987,1991 and 1997 b The
American Institute 01 Architects. All righls RtServed. WARN1NG: this AlAe Document Is protected by U.S. Copyright Law snd International reaties.
Unauthorized reproduction Of distribution 01 this AlAe Document, or any portion of It. may result in severe civil and criminal penalttes, B d will be
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies or this document when co laled. To
report copyright violations of AlA Contract Documents. a-mail The American Institute of Architects' legal counsel, copytight@aia.org.
3
t 5.1.6 Su~ectto otber provisions of the Contract Documents, \be amount of eacb progress payment sball be computed as
follows:
.1 Take lhat portion of !be Contract Sum properly allocable to completed Work as determined by multiplying the
percentage completion of eacb portion of the Work by the sbare of the Contract Sum allocated to that portion
of the Work in the schedule of values, less retalnage of percent ( %).
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute sball be
included as provided in Section 7.3.8 of AlA Document A20 I - 1 997;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably
slored at the site for subsequent incorporation in the compl~t~d construction (or, if approved in advance by
tbe Owner ,eritably stored off tbe site at a location agreed upon in writing), less retainage of
percent ( %);
.3 Subtract the aggregate of previous payments made by tbe Owner; and
lliner
.4 Subtract amounts, if any, for wbicb the ~ has witbbeld or nullified a Certificate for Payment as
provided in Section 9.5 of AlA Document A20l -1997. See AttachrEnt A
t 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 sball 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 tbe Architect shall determine for incomplete Work,
retainage applicable to such work and unsettled claims; and
(Section 9.8.5 of AlA Document AZUl - 1997 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety. if any.) See AttachrEnt A
.2 Add, if final c.ompletiOll of Ihe Work is thereafter materially delayed through no fault ofthe Contractor, any
additional amounts payable in accordance with Section 9.1 0.3 of AlA Document A201 -1997.
t 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prwr /0 Substantial Complezion of the entire Work, to reduce or limit the retainage resulting from the
percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents,
insert here provi,'Jwn$jor such reduction or limitation.)
See AttactrrEnt A
t 5.1.9 Except with \be Owner's prior approval, the Contractor shall 001 make advance payments to suppliers for materials or
equipment whicb bave not been delivered and stored at the site.
t 5.2 FINAL PAYMENT
t 5.2.1 Final payment, CODSlituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when:
.1 the Contractor has fully perfonned the Contract except for the Contractor's responsibility t'1 correct Work as
provided in Section 12.4.20fljJA Document A2OJ-I997. and to satisfy other requirelllents, if any, which
extend 1>eyond final. paYlDent; and
.2 a final Certificate for Payment has been issued hy the ~. D.-Irl;:lr. See AttachrEnt A
t 5.2.2 TIle Owner's ftnal payrnentto the Contractor shall be made no later thilll30 days after the issuance of the Architect's
final CertifICate for Payment, or as follows:
AlA DoeumentA101"-19B7. Copyrighl @191S, 1918, 1925, 1937, 1951. 1956, 1961, 1963. 1967, 1974, 1977,1980,1987,1991 anc11997 by The
American Institute of Architects. AI rig_ reserved. WARNING: This AlA" 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 tew. Purchasers are permitted to reproduce ten (to) caples of this document when completed. To
report copyright violatiol1!; ot AJA Contract Documents, e-mail The American ms1itu1e 01 Architects' legal counsel, cOPYJight@ais.or9.
ARTICLE 6 TERMINATION OR SUSPENSION
~ 6.1 Tbe Conlracl may be lerminated by tbe Owner or the Contractor as provided in Anicle 14 of AlA ocument A201-
1997. See Attachrent C
~6.2The Work may be suspended by the Owner as provided in Article 14 of AlA Documenl A201-199
ARllClE 7 MISCEllANEOUS PROVISIONS
~ 7.1 Wbere reference is made in tbis Agreement 10 a provision of AlA Document A20l-1997 or another ontract Documenl,
lbe reference refers 10 thai provision as amended or supplemenled by other provisions of the Contracl Do uments.
~ 7.2 Payments due and unpaid under lhe Contracl shall bear inleresl from Ibe date payment is due al tbe te stated below, or
in the absence tbereof, allbe legal rale prevailif~om time 10 lime al the place wbere Ibe Projecl is locat d.
I Insert role af interest agreed upon. if any.) It),
(Usury lows and requirements under the Federal Truth in Lending Act, similar state and local consumer edit laws and
other regulations at the Owner's and Contractar'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 mod !Cations, and
also regarding requirements such as written disclosures or waivers.)
~ 7.3 The Owner's representalive is:
(Name, address and ather information)
Til1Dthy M. Tl"81El, P.E.
Vice President, Cmstruction and ~sign Servic
PREIT Services, LLC
200 S. Broad Street
Philadelphia, PA 19102
215-875-3582
~ 7.4 The Contraclor's representative is:
(Name, address and other information)
W. Pete Taleff, Jr.
Vice President
n.obar Associates, Inc.
4 Barlo Circle
Oillsburg, PA 17019
717-432-3429
~ 7.5 Neilber Ibe Owner's nor the Contractor's representative shall be changed without len days written notice to the olber
party.
~ 7.6 O\ber provisions:
AlA Document A1Cr1n1l-1997. Copyright @1915, 1918. 1925. 1937, 1951, 1958. 1961, 1963, 1967, 1974,1977, 1980, 1987, 1991 and 1997 yThe
American ln$litute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and 'nternatlon Treaties. 5
Unauthorized reproduction or distribution of this AlAe Document, or any portion ot It, may result in severe civil and criminal penalties and will be
prosecuted to the maximum extent possible under the law. Purchasers are permItted 10 reprOduce ten (10) copies of thJs document when c pleted. To
report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrlght@aia.OJg,
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
58.1 The Contract Documents, except for Modifications issued after execution of tbis Agreement, are enumerated as follows:
S 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,
AlA Document AIOI-I997.
S 8.1.2 The General Conditions me the 1997 edition of the General Conditions of the Conl1l1Ct for Construction, AlA
Document A201-1997.
58.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
and are as follows
Document
Title
Pages
Attachrent "A"
AttachEllEnt "8"
Attachrent "e"
Supp larented
Supp 1 arented
Supp 1 arented
1 Dated 2/10/05
1 Dated 12/20/2001
1 Dated 3/15/2001
58.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3. and are as follows:
(Either /i.t the Specificationl here or refer to an exhibit attached to thi" Agreement)
Section
Title
Pages
5 8.1.5 The Drawings me as follows, and are dated
(Ei/her /i"t the Drawing" here or refer to an exhibit attached to thi" Agreement.)
unless a different date is shown below:
Number
Title
Dale
See AttacI'ed Orawi ng Li st
5 8.1.6 The Addenda, if any, are as follows:
Number
Dale
Pages
Ponions of Addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements
are also enumerated in this Article 8.
AfA DocumenlA101Tl1-1997. CoJIyrighI @-1915,1918,1925, 1937. 19~1, 1958.1961, 19&3, 1967. 1974.1977, 1980, 198-7, 1991 and 1997 by The
American /nstffute 01 Architects. An lights reserved. WARN'NG: This AlA Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAS Document. or any portion of it, may result In severe civllaf1d criminal penalties, and will be 6
prosecuted to the maximum extent possible under the taw. Pl.IIchasers are permitted 10 reprodt:Jce ten (10) copies 01 this document when completed. To
report copyright violations of AlA ConIJact Documents, ~mail The- American Institute 01 Architects' legal cOl./nsel, co,tlyright@aia.org.
.
~ 8.1.7 Other documents, if any. forming part of the Contract Documents are as follows:
(List here anv additional doclllnems Ihal are intended to fOlm parI of the Contract Documents. AlA Doc
provides thai bidding requirements such as advertisement or invitation to bid, InstrllctiollS to Bidders, sa
Contractor's bill are not part ofrhe Contract Documents unless enumerated in this Agreement. They sho
only if imended to be part of Ihe Contract Documents.)
ent A201-1997
pie fonns and Ihe
d be listed here
This Agreemem is entered imo as of the day and year first written ahove and is executed in at least three 0 gina] copies, of
which one is 10 be delivered to th. Contraclor, one to the Architect for "se in the administration of lhe Con act, and the
remainder to the Owner.
Tirrothy M. Treml, P. E., V.P.
(Printed nome and title)
Stephen E. Diller, Sr. VP Admin.
(Printed name and lille)
CAUTION: You should sign an original AlA Contract Document, on which this text appears in RED. An
original assures that changes will not be obscured.
AlA Docum&m A1011M -1997. COP'Ylig'" @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, "1967, 1974, 1977. 1980, 1987, 1991 and 1997 y The
American Institute of Architects. AU rigMt. ,~. WARNING: This AlA@ Document is protected by U.S. Copyright law and Internation Tre~ties. i
Unauthorized reproduction or distribution of this AIAQ1J Document, or any portion ollt, may result in severe civil and criminal penalties, nd will be
prosecuted to the maximum extent possible under the law. PUl'chasers are permitted to ~eproduce ten (10) copies at this document when co preted. To
report copyright VIolations of AlA Contract Documents, a.mail The American Institute 0' Architects' legal counsel, copyrigh1@aia.org.
ATTACHMENT "A"
(5.1.1 Supplement)
AlA Document AIOl dated February 11, 2005
l. PAYMENTS:
la) Progress Payments:
All applications for payments shall be prepared in triplicate on AlA G-702
and G-703 forms and shall be presented to Owner on site for verification an
signature prior to submittal to owner. Submit monthly applications for
payment properly verified, notarized an accompanied by a notarized affidavi
and Partial Release of Lien statements from you. All invoices must referenc
the Project. Retainange payments must be invoiced separate with Final
Affidavit and Release. Application for payment will be submitted to the
Owner prior to the 15th of the month to insure payment by the end of the 15th
of the following month. Retainange will be withheld in accordance with 5.1.
Retainage. No additional retainage will be held after the project reaches 50%
completion ofthe contract amount.
1 b) Retainages:
Final retainage will not be released until such time that the following has been
received by Engineer and Owner as per plans and specifications.
1. All work has been completed and approved by Architect
and Owner as per plans and specifications
2. Your written guarantee notarized and witnessed, has been
received along with your Final Waiver of Liens properly
executed and notarized.
3. As-Built drawings have been received.
4. You have billed separately for the retainage.
5. Equipment guarantees/warranties.
6. Final vendor list.
7. Approval of final punch list
You may invoice for any retainage withheld thirty (30) days after satisfactory
completion of your work.
ATIACHMENT "B"
(Other Provisions 7.6 - Supplement)
AlA DOCUMENT AIOI-1997 (related) Dee. 20, 2001
Attachment "B" as approved by owner supplements, overrides and superc
any/all conflicting language in the contract documents: Owner shall have the suthon to
oversee and enforce the following:
I. ASSIGNMENT:
This Contract shall not be assigned, nor any portion of the work described he in
be subcontracted to anyone other than the entity named hereon, without wri en
authorization and approval of the owner.
2. OWNER'S RIGHT TO CARRY our THE WORK
If the contractor defaults in or. is guilty or a substantial violation of the te
hereof or fails to perform any provisions of the contract, the Ownet may, a
seven (7) days written notice to the contractor and without prejudice to any 0
remedy he may have, may in its sole discretion and without any obligation to
so, make good said deficiencies in ay such defaults. In such case an appropri
change order shall be issued deducting from the payments then or thereafter d e
the contractor the cost of correcting such deficiencies.
2a). GUARANTEES:
You shall be responsible for a one (1) year minimum guarantee and in so
cases, a longer period as required by the specifications. No retainages withhel
will be released until such time that your written guarantee and equipme
warranties are sent and accepted by Owner. The start date of the. guarant
period shall be not sooner than the completion date established by the Owner an
must appear in this document.
3. SAFETY:
You are responsible for initiating and maintaining your own Safety Programs
Be aware that although you are contracted by Owner to perform certain work,
you are still responsible for maintaining a Safety Program that agrees with OS
Regulations. You will be responsible for any fines levied against you for
noncompliance, and also will be responsible for any lost construction time due to
your own negligence in this matter and shall hold owner hannless. You are to
provide all needed safety items as required for your phase of work. This includes
. but is not limited to all safety barricades, daily clean-up of debris and removal of
same and providing other pedestrian restriction devices needed to avoid accident or il\iury. Any damages or injury caused by your work will be your liability.
The Contractor shall take all reasonable precautions with respect to his work;
shall comply with all safety measures.
4. TEMPORARY SERVICES:
You shall provide your own sanitary, telephone, water, and temporary electrical
facilities and other temporary utilities required for your work or workers if
required.
.
ATIACHEMENT "C"
(Articles 4 " 14 Supplement)
AlA DOCUMENT A201-1997-MARCH 15,2001
Article 4 "Admlnlstradon of Contract" related
Article 14 "Termination of Contract" related
The below listed articles/items supplements/supersedes any/all related "Administration f
the Contract" (Articles 4) and "Tennination of the Contract" (Article 14).
1. Article 4 - Administration of the Contract:
A. ~.1 Architect - No Changes
B. 4.2 Administration of the Contract
4.2.1 Substitute word"Architect" to "Owner"
4.2.2 Substitute word "Architect" to "Owner"
4.2.4 Communication between Owner and Contractor will be
through "Owner". Communication between Owner and
Architect on construction issues, field conditions/concerns
will be through "Owner",
4.2.5 Substitute word "Architect" to "Owner"
4.2.6 Architect will have authority to require inspection or testing
of the work after notifying the "Construction Manager" of
such requests and securing owners approval.
4.2.8 Substitute word "Architect" to "Owner"
4.2.9 Substitute word "Architect" to "Owner"
4.2.11 Substitute word "Architect" to "Owner"
4.2.12 Substitute word "Architect" to "Owner"
4.2.13 The Engineer may make recommendations of decisions on
matters relating to aesthetic effects. Final decisions will be
by Owner.
II. Article 14 - Termination or Suspension of the Contract
2. Termination
If the contractor is adjudged bankrupt, or if he makes a gen al
assignment for the benefit of his creditors, or if a receiver is appoin
on account of his insolvency, or if he persistently or repeatedly refu es
or fails, except in cases for which extension of time is provided, 0
supply enough properly skilled workmen or proper materials, or if e
fails to make prompt payment to subcontractors or for materials or 1 r,
or jurisdiction, or otherwise is gnilty of a substantial violation of t e
provisions of the contract documents, then the Owner upon certificati n
may without prejudice to any right to remedy, and after giving e
contractor and take possession of the site and of all material,
equipment, and machinery thereon owned by the contractor and he m
fmish the work by whatever method he may deem expedient In suc
case, the contractor shall not be entitled to receive any further payrne
until the work is finished. See related Attachment "B", AlA 101-199
"Other provisions 7.6", Supplement).
10 PROPOSAL fORM
CAPITAL crrv MALl REOEVELOPMENT
CAMP HIlL, PA
I~ttl Descriptjo",
I~on
I~Remed"lI1Ion
10em0H00
IExca~cj(dIlIIGrao:lnq
IFoodnQslf'~
IConc,~
lstuct.steelIMo<iSI'MI$C..Mtls
IRooIlndMOd:S lrQ.COolI\Q$
IMllsorY\'
IGtass&GIazina
I Are SpWder SVslem
IHVAC Svstems
I PUrtl/nQ $vstems
I MI $\uds.OWA::amentvlElFS
IEJlisinaTerntzzoftResbf
1N<wf Terrazzo Roor
I~OG-oefAoorinQ
Ipillnlloo & WaI Amhes
lcaioos .
I~~e
IEIect Intef(POWef~1
IEle<:tiCllI-Prfmary~_Reloc;
lFlfeNannSvstern
IOIleIfGen.~.10l
!s
1 $
Is-
1$
Is
Is
Is
Is
Is
Is
1$
1$
1\
U
1$
f S-
Is
Is
LOBAR ASSOCIATES
.
Ccmtrac:tor Cost
20,000 I
BY OWNER I
182.<<0 I
123850 I
.
.
"""'"
130 190
aD ""
313,400
1{)2,~O
2002441
154094\
7154&0 I
226185
~.957
19071'7
321993
143<05
64 260 I
lncWed I
57 506 I
n6562 I
531671
58 506 I
454,262 I
lGeneralCOnr'actor'sOH&P
ITOTAl. CO$T
IADtlFOR100%PeffelrmllnCe&.f>a..mentBoodfmaVbere<lll S
IGRANO TOTAL
PtKt Bid AdJ.,.trMn..
R_
cooc:reteSlabRepIllcement
DeleIe/n6effor~
Pan:SyslMlon~CcNef's
Canopy FabOc
~UJjf1lngSpOO1icaf~v..AJlow;m:es
--
Adj\m.lId GflInd T oUlf
Add .
o.w; s
o.w; .
o.w; s
Addltion..1 Adju.tnMonl8
MalntainEJdrinGEIec.TransfOl'mef~ o.w; S
~DrywalonTenantOElrNslng~ o.w; .
AdlIFk"eWaterOry.~PerTownsnp Add .
Oelete V<WesIT~ &Mlches on Tenants o.w; .
MolIfy Terrano "Rosette" in Center coo..t o.w; .
Oe\ete Mas<ny I.1nleIs far FulIIe storefronts .
"""',,- .
Additkma,IAdjulltm4Hlls
WaterandWas1elk\e$102S1or4geCbsets Add .
-- .
AdditiON! AdJuetnwnt.
O.te PIlyment &. Performance 8oM's """" S
Rewce SIte of Carpet far 2 son: Seatng Areas o.w; .
""''''''-
Addttional AdJustnwnt
C_o.w;
H~w Ac(lusted Grand Tot.1
IS
'S
Is
1731<37\
4I,au,51O I
43534\
5,033.104 I
.
.......
16,200
(!it.1oo}
"""'"
"""'"
(2812001
(317.100)
~T15,9t4
(.3t.200)
(40,400)
12"""
(10.2001
(10,330)
(80,130,
4,35a
.,358
'.3,534)
{Mool
.
(5'Z,(134)
s
(GO,tool
AI,528,OOO
.
l(lbatAt.~Ia,~,lnc.
OVERSIZED
DOCUMENT