HomeMy WebLinkAbout05-1971
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BIAGIO IANNUZZI,
KIMBERLY IANNUZZI,
Plaintiffs
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYL V NIA
v,
NO, 2005 - il71
CIVIL TERM
MCCOY BROTHERS, INC,
Defendant
CIVIL ACTION-LAW
NOTICE
You have been sued in court. If you wish to defend against the claims set f rth in the
following pages, you must take action within twenty (20) days after this complaint d notice
are served, by entering a written appearance personally or by an attorney and filin in writing
with the court, your defenses or objections to the claims set forth against you, You are warned
that if you fail to do so, the case may proceed without you and a judgment may be ntered
against you by the court without further notice for any money claimed in the compl nt or for
any other claim or relief requested by the plaintiff, You may lose money or propert or other
rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T E OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
,
II
BIAGIO IANNUZZI,
KIMBERLY IANNUZZI,
Plaintiffs
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYLV NIA
v,
NO, 2005 - /11/
CIVIL TERM
MCCOY BROTHERS, INC,
Defendant
CIVIL ACTION-LAW
COMPLAINT
COUNT 1- BREACH OF CONTRACT
1, Plaintiffs are Biagio and Kimberly Iannuzzi, husband and wife, who side at 920
Armstrong Road Carlisle, Cumberland County, Pennsylvania 17013,
2, McCoy Brothers, Inc, is the general contractor with offices located at 1514
Commerce Avenue, Carlisle, Cumberland County, Pennsylvania 17013,
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3, On or about October 30, 2003, the Plaintiffs and the Defendant ente d into a
contract for the construction of a strip mall to be known as Marcello's Village, The roject was
being built at Schaeffer Business Park in North Middleton Township, Cumberland ounty,
Pennsylvania,
4. The architectural firm for the project was Cianfichi and Scholl Archite ural
Associates, LLC, 1230 Holly Pike, Carlisle, Cumberland County, Pennsylvania 170 3,
5, Attached hereto and incorporated herein is a copy of the contract that he parties
entered into.
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6,
Pursuant to the terms of the contract, the Defendant was to compl te the project
within one hundred and fifty (150) days of the starting the project. The building ermit was
issued by the township on December 12, 2003 and the contract provided that D endant was
to commence construction within ten (10) days of receipt of the building permit.
7, According to the terms of the contract, the project should have bee completed
by May 22, 2004,
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8,
Due to the Defendant's neglect in tending to their obligations under he contract,
the project was not substantially completed until the end of October, 2004,
9, As a result of the contractor's failure to meet it's obligations under t terms of
the contract, the Plaintiff's have suffered damages as follows:
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a, Income from tenant rentals of $12,500,00;
b, Construction loan interest payments from June through completion
$17,310,00; and
c, Loss of income from the operation of Marcello's Restaurant, owned
Plaintiffs, in excess of $15,000,00,
the
10, Due to negligence on the part of the Defendant, lighting for the entry the strip
mall were placed in the wrong location, Plaintiff's aver that they should receive a c
$1,060,00 due to that mistake,
11, The Plaintiff decided that they wanted to change the ceiling tiles in th
Restaurant portion of the project. The Defendant had installed the grids to hang th tiles on
and quoted an excessive price for an upgrade in the ceiling tile inserts, The Plainti and
Defendant determined that the Defendant would not install the tiles and that the Plai tiffs were
to receive an appropriate credit.
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12, A representative of the Defendant stated that the cost of the ceilin tiles were
approximately $1,00 per square foot. The Marcellos portion of the project repre ents thirty-
eight percent (38%) of the total square footage, Plaintiffs should receive a credi of $3,047,00,
less the cost of the grids and the labor to install the grids, Defendant has only 0 ered a credit
of $580,00,
13. The entryway to Marcello's was not ordered by the Defendant in a mely fashion,
Accordingly, in order to not further delay the project, the Plaintiffs discussed with he
Defendant a change to the entryway that they would undertake with their contrac or, The
Plaintiffs purchased their own entry doors and their contractor installed the doors The
Plaintiff's should receive a credit of $2,277 ,00 for the change in the entry doors, he
Defendant has only offered a credit of $300,00,
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WHEREFORE, Plaintiffs request judgment against the Defendant in their f vor to
include costs, interest and attorneys fees, all in an amount in excess of $25,000,0
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
--~1l.A-LA-
Robert L. O'Brien, Esquire
1.0, # 28351
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
rlo\ClientsUannuzzi,Biagio\Complaint
. BIAGIO IANNUZZI,
I KIMBERLY IANNUZZI,
Plaintiffs
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYLVA IA
v,
NO, 2005 -
CIVIL TERM
MCCOY BROTHERS, INC,
Defendant
CIVIL ACTION-LAW
"
VERIFICATION
We, the undersigned, verify that the statements made in the foregoi g Complaint
are true and correct. We understand that false statements herein are made subj ct to the
penalties of 18 Pa, C,S, S 4904, relating to unsworn falsification to authorities,
Date: April I J, 2005
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OWNER - CONTRACTOR AGREEME T
BETWEEN
BIAGIO IANNUZZI
920 ARMSTRONG ROAD
CARLISLE, PA 17013
AND
mid :n:I=I1V
^1NO 1/ 3ft H<B
McCOY BROTHERS, INC.
1514 COMMERCE AVENUE
CARLISLE, P A 17013
,
FOR
CONSTRUCTION OF
MARCELLO'S VILLAGE
SHAFFER BUSINESS PARK
NORTH MIDDLETON TOWNSHIP
CARLISLE, PA 17013
1997 Edition - Electronic format
AlA Document A 111 - 1997
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Standard Form of Agreement Between Owner and Contractor
where the basis for payment is the COST OF THE WORK PLUS A FEE with a negotiated Guarant
Maximum Price
AGREEMENT made as of the ~ day of October in the year2QQa
(ID wvnb. indicate day. month and~)
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BETWEEN the Owner:
(Nome.~lUldotlJeriJJf_n) : ~ Y Ll...:(
BIAGIO IANNUZZI .+ ~\"-~'-\1 A. 3:0..""''''''' :::.,,\':J:ij::) ~I-k
920 Annstrona Road
Carlisle, PA 17013
THIS 1XX::l-"fENT HAS
CONSEOlENCES, C
ATTORNEY IS ENe
TO ITS COMPl.ETION
AUTHENTICATION OF
EIECTRONICALtY
MAY BE MIVJf BY USI
D401,
TANT lEGAL
TATION WITH AN
o WITH RESl'fCT
MODIFICATION,
S
EO AlA lXJCIJMENT
AlA OOCI.f>IENT
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and the Contractor:
(Name. Mldress IUld other information)
McCOY BROTHERS, INC,
1514 Commerce Avenue
p, 0, Box 7300
Carlisle, PA 17013
forvsein
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AlA Document AlO/./ , General
Cnnditinns of the Con" for Construction,
is adopted in this docu t by reference,
Do not use with other aJ conditions
udess this document ;s lied.
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The Project is:
(NamemdlOClltion)
MARCELLO'S VILLAGE, 8,011 SF S1riD Center at Shaffer Business ParK, North
Middleton TownshiD, Carlisle, PA 17013
This document has been 1'proved and
endorsed by The Associ. ed General
Contractors of America.
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The Architect is:
(NmJe.lddre5s and other information)
CIANFICHI & SCHOLL ARCHITECTURAL ASSOCIATES, LlC
1230 Holly Pike
Carlisle, PA 17013
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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 a\lached 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 15, If anything in the other Contract .
Documents is inconsistent with this Agreement, this Agreement shall govern, ~" ' _ ,.:
......
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ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to al99' ^'14
the extent specifically indicated in the Contract Documents to be the responsibility of others, AlA DOCUMENT Am .
OWNER - CONTRACTOR
997
GREEMENT
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The American Institute Architects.
C> 1920, 1925, 1951, 1961, 1963, 1967, 1974. 1978. 1987. 0 1997 by The AmerIcan Institute at ArchItects, 1735 New York Avenue, W,
Reproduction of the material herein or substantial quotation of its prov;sions without written permission of Washington. D.C. 2(X)()6- 292
the AlA violates the copyright laws of the United States and will subject he violate to legal prosecution.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violate>r to legal
prosecution. This document was electronically produced with permission of the AlA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. expiration as noted
below, User Document: 03-1029 Owner McCoy 97a1l1,ala - 100912003, AlA license Number 1016574, which
expires on 1213112004,
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The Contractor accepts the relationship of trust and confidence established by this Agreement
and covenants with the Owner to cooperate with the Architect and exercise the Contractor's
skill and judgment in furthering the interests of the Owner; to furnish efficient business
administration and supervision; to furnish at all times an adequate supply of worlre.. and
materials; and to perform the Work in an expeditious and economical manner consistent
with the Owner's interests, The Owner agrees to furnish and approve, in a timely manner,
infonnation required by the Contractor and to make payments to the Contractor in
accordance with the requirements of the Contract Documents.
ARTiClE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1 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. TIllS DOCUMENT
(lo$l!lf the JRle of commmcemeot. iFit differs Iiom the dale of this Agn!mJenl or. if Ilpp/ialhle~ hie thlll tbt! dale will ONSEOlENClS G
ben-fin.,,,,licetoJI'K'f!d,) C .
Commencement of construction shall occur within ten (10) days of receiDl of buildina ::;~:
oelTTlit from North Middleton T ownshiD, AIffHENTICAT/ON
EIKl'RONlCAU. Y
If, prior to commencement of the Work, the Owner requires time to file mortgages. MAY BE MADE BY
mechanic's liens and other security interests, the Owner's time requirement shall be as D401,
follows:
IMPORTANTlIGAI.
<A.TAT/ON WITH AN
l) WITH RESPfCT
OR MODIFICATION,
THIS
/VA 00CIMNr
NG /VA OOCIlMENT
4.2 The Contract Time shall be measured from the date of commencement.
This document is 00 intended for use in
competitive biddin
4.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ~::::::;""':;':c,";-::a '::"~ion.
~ days from the date of commencement of construction.. er os fell"",,: is adopted in this ment by reference,
(Insert Dumber of aIemUr "'Y'- AllmHItiYdy. . aIemUr ""e IJUY be used when ctJOrdiJuted wiJJt Ibe dMe of Do not use with senoral conditions
co~nl. Unless staled elscwJzeR in the Conlnld Documenls, insert wy requiremenu for earh~ SubstmliaJ unless this docv is modified.
Complm'oD Ofcerl..mponloD$oflbe Wodc:)
This document has
endorsed by The
COfItractors of
,subject to adjustments of this Contract Time as provided in the Contract Documents.
(Imert f'OYisiom. if UJy. ror liqwasled darmtgt$ relating 10 failure 10 compete on lime. or for bonus J16yments for
evfycompletioD oflbe Wod:)
Not ADplicable
ARTiClE 5 BASIS FOR PAYMENT
5.1 CONTRACT SUM
5.1.1 The Owner shall pay the Contractor the Contract Sum in current funds for the
Contractor's perfonnance of the Contract, The Contract Sum is the Cost of the Work as
defined in Article 7 plus the Contractor's Fee,
5.1.2 The Contractor's Fee is:
(Slate. lump $UlD# percm",,~ of Cost of the Wod or other pol'ision JiJr detenniniJJg tbe Contnctor's Fee. BId
<k$aibe Ibe tJJ<tbod of adjuslmeD' oflbe CoDInldOl'$ Fee for dtV1f/esin Ibe Wont)
The Contractor's fee shall be equal to ten oereen! (10%) of all costs incurred for both
contract wor\( aootor changes in the wor\(,
5.2 GUARANTEED MAXIMUM PRICE
5.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the .~
Contractor not to exceed Four Hundred Seyenly One Thousand Seven Hundred Sixty ..~.
~ Dolla.. ($ 471,766,00 ), suhject to additions and deductions by Change Order as ~
provided in the Contract Documents. Such maximum sum is referred to in the Contract .::."'..... ,:;;
Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed -i '.... "'-
Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the -
Owner.
(Insert.lpXific proJlisions iflhe Contnctor i.J 10 putic:iJ:-te in .oY ~l'ing.t.)
om7 AlAe
AlA DOCUMENT A 11 - 1997
o 1920, 1925. 1951. 1961. 1963. 1967. 1974. 1978. 1987. Cl 1997 by The American Institute of Architects, OWNER - CONTRA OR AGREEMENT
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 he violate to legal prosecution, The American Insli
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal 1735 New York A
prosecution. This document was electronically produced with permission of the AlA and can be reproduced in Washington. D.C, 2
accordance with your license wil'hout violation until the date of expiration as noted below. expiration as noted
below. User Document: 03.1029 owner Mccoy 97all1.aia -- 100912003. AlA license Number 1016574, which
expires on 12/3112004.
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The Contractor shall not oarticioate in any savinos,
5,2.2 The Guaranteed Maximum Price is based on the following alternates, if any, which
are described in the Contract Documents and are hereby accepted by the Owner:
(Slale the D/ll11ben or odler itlentiJiaJion of KaplM demMes U decisioos on other dtf'1Mles ~ to be IDMIe by /be
Owuer suJJ.eqlH!J1t 10 lb. tx<<Ution of Ibis ~4 otudlo sdltduJe of sucb otb~ sJ_.. sb.oH'i11g lb. llIDOunt
/0; ~ uJ lbetbte when tbe BDOUDI Qpires.)
Not Aoolicable,
5,2,3 Unit prices, if any, are as follows:
Not Aoolicable,
5.2.4 Allowances, if any, are as follows:
(ItknlifY sod sUit IbtlllDOunts of my.uo_ sod sUit wbtlber Ibty im:/ude WJor. moterisJs, or bolls.)
An allowance of $8,000,00 is included within the GMP for seedina and landscaDino
services,
T/fS lJ()Ct.KNf
CONSEOUENCES, 0
ATTORNEY IS E
TO ITS 0
Al/THENTlCAT/ON
ElECTRONICAllY
MAY BE MADE BY
0401,
IMPOIlTANT lEGAl
TATIONWlTHAN
WITH RES/'fcr
011 MODIRCATION.
THIS
AlA DOClI>IENT
NG AlA lJ()Ct.KNf
5.2.5 Assumptions, if any, on which the Guaranteed Maximum Price is based are as
follows:
Not Aoolicable,
5 2 6 T he ha h D' d S ili . "d 'fu h ThisdocumentisllO intended fa use in
.. 0 t extent t t t e raWIngs an pee catIOns are antiCIpate to reqWIe rt er competilille biddin
development by the Architect, the Contractor has provided in the Guaranteed Maximum
Price for such further development consistent with the Contract Documents and reasonably AlA DocIIment AZJ 1991, General
inferable therefrom, Such further development does not include such things as changes in OxIdifiOl1s of the 0
scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, is adopted in /his
shall be incorporated by Change Order. Do not use with
utiess this docu
ARTICLE 6 CHANGES IN THE WORK Thisdocu has
6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may endorsed "/;"The
be determined by any of the methods listed in Subparagraph ].3-3 of AlA Document A2.0l- Contrad/XS of
'997.
6,2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior
consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause ],3-3-3 of
AlA Document A20l-1997 and the terms "costs" and "a reasonable allowance for overhead and
pront" as used in Subparagraph ].3-6 of AlA Document A2.0l-1997 shall have the meanings
assigned to them in AlA Document A20l-1997 and shall not be modified by Articles 50 ] and 8
of this Agreement, Adjustments to subcontracts awarded with the Owner's prior consent on
the basis of cost plus a fee shall be calculated in accordance with the termS of those
subcontracts,
6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and
"costs" as used in the above-referenced provisions of AlA Document A20l-1997 shall mean the
Cost of the Work as defined in Article] of this Agreement and the terms "fee" and "a
reasonable allowance for overhead and profit" shall mean the Contractor's Fee as defined in
Subparagraph 5.L2 of this Agreement.
6.4 If no specific provision is rnade in Paragraph 5.1 foradjustment of the Contractor's Fee in
the case of changes in the Work, or if the extent of such changes is such, in the aggregate,that
application of the adjustment provisions of Paragraph 5-' will cause substantial inequity to the
Owner or Contractor, the Contractor's Fee shall be equitably adjusted on the basis of the Fee
established for the original Work, and the Guaranteed Maximum Price shall be adjusted
accordingly,
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ARTIClE 7 COSTS TO BE REIMBURSED
7.1 COST OFTHE WORK
01997 AlAe
AlA DOCUMENT
OWNER - CONTRA
The AmeriCan Instl
o 1920. t925, 1951. 1961, 1963. 1967, 1974, 1978, 1987. 0 1997 by The American InShlute ot Architects, 1735 New York A
Reproduction of the material herein or substantial quotation of its provisions without written permission of Washington, D.C. 2
the AlA violates the copyright laws of the United 51ales and will subject he violate to legal prosecution,
WARNING: Unlicensed photocopying violates U,5, copyright laws and will subject the violator to legal
prosecution. This document was electronically produced with permission of the AlA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. expiration as noted
below, User Document: 03.1029 owner mccoy 97a111,oIa - 100912003, AlA License Number 1016514, which
expires on 12/3112004.
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The tenn Cost of the Work shall mean costs necessarily incurred by the Contractor in the
proper perfonnance of the Work. Such costs shall be at rates not higher than the standard
~ at the place of the Project except with prior consent of the Owner, The Cost of the Work
shall include only the items set forth in this Article 7,
7.2 LABOR COSTS
7.2.1 Wages of construction workers directly employed by the Contractor to perfonn the
construction of the Work at the site or, with the Owner's approval, at off-site workshops.
7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when
stationed at the site with the Owner's approval,
(U it is intend<<l tlJ.1 tbe wzrgC':f or SII/Mies of amiD penormeJ s14tiooed 811b~ Conlndor's piot:ipal or oIber oflias
sb.u b< mduder/ m Ibe Co"- of tire Wod; identify m ArIick '4 Ibe penotmello b< iDduded and whether IOr.u or only
port oflbeir time. and Ibe rot", Ii whit:b Ibeir ~ wiD b<dtqed to Ibe Wod:) TIllS OOCI8oIENT
Not ADDlicable CONSEOUENCES. C
ATTOIlNfY IS ENe
7.2.3 Wages and salaries of the Contractor's supervisory or administrative personnel ~~NTlCATU;W
engaged, at factories, workshops or on the road, in expediting the production or E1KTRON/ClW.Y
transportation of materials or equipment required for the Work, but only for that portion of MAY BE MADE BY
their time required for the Work. 0401,
IMPOflTANT UGAL
TATION WITH AN
WITH RESPEa
011 MODIFICATION,
THIS
AlA CJOCLNENT
NG AlA CJCJClJMENT
7.2.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions, rmdocvmen~is~ intended for use in
assessments and benefits required by law or collective bargaining agreements and, for compet.rwe biddi
personnel not covered by such agreements, customary benefits such as sick leave, medical and AlA Doc t 1U0119!lT General
health bene6.ts, holidays, vacations and pensions, provided such costs are based on wages and Condit:"'"':; the C r";' for Con<tnJction
salaries included in the Cost of the Work under Subparagraphs 7.2.1 through 7,2.3, is adopted in this ment by reference, '
Do not use with general conditions
u~ess this docu Is modified,
7,3 SUBCONTRACT COSTS
7.3.1 Payments made by the
requirements of the subcontracts.
Contractor to Subcontractors in accordance with the
7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE
COMPLETED CONSTRUCTION
7.4.1 Costs, including transportation and storage, of materials and equipment
incorporated or to be incorporated in the completed construction.
7.4.2 Costs of materials described in the preceding Subparagraph 741 in excess of those
actually installed to allow for reasonable waste and spoilage, Unused excess materials, if any,
shall become the Owner's property at the completion of the Work or, at the Owner's option,
shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the
Owner as a deduction from the Cost of the Work,
7.S COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES
AND RELATED ITEMS
7.S.1 Costs, including transportation and storage, installation, maintenance, dismantling
and removal of materials, supplies, temporary facilities, machinery, equipment, and hand
tools not customarily owned by construction workers, that are provided by the Contractor at
the site and fully consumed in the perfonnance of the Work; and cost (less salvage value) of ~
such items if not fully consumed, whether sold to others or retained by the Contractor. Cost 11J.
for items previously used by the Contractor shall mean fair market value. \l! ~
7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not ~Y~:d
customarily owned by construction workers that are provided by the Contractor at the site, ~
whether rented from the Contractor or others, and costs of transportation, installation, minor
01997 AlAe
AlA DOCUMENT 111 - 1997
o 1920, 1925, 1951, 1961, 1963, 1967. 1974. 1978, 1987, 0 1997 by The American Insntute of NellltedS, OWNER - CONTRA
Reproduction of the material herein or substantial quotation of its provisions without written permission of
Ihe AlA violates the copyright laws of the United Stares and will subject he violate to legal prosecution, The American Iooti Ie of Archilects
WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal 1735 New York Av ue N W
prosecution, This document was electronically produced with permission of the AlA and can be reproduced in Washington D,C 2 . 5292
accordance with yoor license without violation until the da'e of expiration as noted below. expiration as noted ..
below, User Document: 03-1029 owner mccoy 97al11,aia - 100912003, AlA License Number 1016514, which
expires on 12/3112004.
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re~ and replacements, dismantling and removal thereof. Rates and quantities of
equipment rented shall be subject to tbe Owner's prior approval,
7.5.3 Costs of removal of debris from the site.
7.5.4 Costs of document reproductions, facsimile transmissions and long-distance
telephone calls, postage and parcel delivery charges, telephone service at the site and
reasonable petty cash expenses of the site office.
7.5.5 That portion of the reasonable expenses of the Contractor's personnel incurred
while traveling in discharge of duties connected with the Work.
7.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable THIS ()()CIJMENT
location, if approved in advance by the Owner. CONSEQUENCES,
ATTORNEY IS ENO
7.6 MISCELLANEOUS COSTS TOITSCOMPlI
7.6,1 That portion of insurance and bond premiums that can be directly attributed to this :~o:
Contract: MAY BE MADE BY
D40I,
7.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the
Work.
7.6.3 Fees and assessments for the building permit and for other permits, licenses and
inspections for which the Contractor is required by the Contract Documents to pay, Conditions of the
is adopted in /his
7.6.4 Fees of laboratories for tests required by the Contract Documents, except those Doootusewitho
related to defective or nonconforming Work for which reimbursement is excluded by u~ess /hisdocu
Subparagraph 13->3 of AlA Document A20l-1'H/ or other provisions of the Contract
Documents, and which do not fall within the scope of Subparagraph 7.7,3.
7.6.5 Royalties and license fees paid for the use of a particular design, process or product
required by the Contract Documents; the cost of defending suits or claims for infringement of
patent rights arising from such requirement of the Contract Documents; and payments made
in accordance with legal judgments against the Contractor resulting from such suits or claims
and payments of settlements made with the Owner's consent. However, such costs of legal
defenses, judgments and settlements shall not be included in the calculation of the
Contractor's Fee or subject to the Guaranteed Maximum Price, If such royalties, fees and
costs are excluded by the last sentence of Subparagraph 3-17-1 of AlA Document A2ot-1'H/ or
other provisions of the Contract .Documents, then they shall not be included in the Cost of
the Work.
7.6.6 Data processing costs related to the Work.
7.6.7 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a
specific responsibility to the Owner as set forth in the Contract Documents,
7.6.8 Legal, mediation and arbitration costs, including attorneys' fees. other than those
arising from disputes between the Owner and Contractor, reasonably incurred by the ~
Contractor in the performance of the Work and with the Owner's prior written approval; ..~
which approval shall not be unreasonably withheld. ~J:.tJ"
7,6.9 Expenses incurred in accordance with the Contractor's standard personnel policy for ~!~;..J
relocation and temporary living allowances of personnel required for the Work, if approved -
by the Owner,
01997 AlAe
AlA DOCUMENT
OWNER. CO
111 . 1997
OR AGREEMENT
o 1920, 1925, 1951. 1961, 1963, 1967, 1974, 1978, 1987. 0 1997 by The American Insfltute at Architect.,
Reprodu<:tion of the material herein or substantial quotation of its provisions without written permission of
Ihe AlA violates Ihe copyright laws of the United State. and will subject he violate to legal ptosecution, The American In.
WARNING: Unlicensed photocopying violates U,5, copyright laws and will subject me violator to legal 1735 New York Av
prosecunon, Thi. document wa. electronically produced with permission of the AlA and can be reproduced in Washington O,C
accordance with your license without violation until the date of expiration as noted below~ expiration 8$ noted ,.
below, User Oocument: 03-1029 owner mccoy 97am,ai. .- 1009/2003, AlA license Number 1016574, which
expires on 1213112004.
5
te of Architect.
ue.N,W,
5292
THIS DOCIMENT
CONSEOlENCES,
ATTORNEY IS E
TOITSO
A/JTHENTlCAT1ON
ElECTRONICAllY
MAY BE MADE BY
8.1. 1 Salaries and other compensation of the Contractor's personnel stationed at the 0401,
Contractor's principal office or offices other than the site office, except as specifically
provided in Subparagraphs 7.2.2 and 7.2.3 or as may be provided in Article 14-
7.7 OTHER COSTS AND EMERGENCIES
7~7.1 Other costs incurred in the perfonnance of the Work ifand to the extent approved in
advance in writing by the Owner,
7.7.2 Costs due to emergencies incurred in taking action to prevent t.hreatened damage,
in jury or loss in case of an emergency affecting the safety of persons and property, as provided
in Paragraph 10.6 of AlA Document Awl-l997,
7.7.3 Costs of repairing or correcting damaged or nonconrorming Work executed by the
Contractor, Subcontractors or suppliers, provided that such damaged or nonconfonning
Work was not caused by negligence or failure to fulfill a specific responsibility of the
Contractor and only to tbe extent that the cost of repair or correction is not recoverable by the
Contractor from insurance, sureties, Subcontractors or suppliers.
ARTICLE 8 COSTS NOT TO BE REIMBURSED
8.1 The Cost of the Work shall not include:
8.1.2
Expenses of the Contractor's principal office and offices other than the site office,
8.1.3
Overhead and general expenses, except as may be expressly included in Article 7.
8.1.4 The Contractor's capital expenses, including interest on the Contractor's capital
employed for the Work.
IMI'ORTANr lECi.4/.
U1.TAT/ON WITH AN
o WITH I/ESPfCT
OR MODIFICATION.
TlfS
DAlAOOClJMENT
AlA /XJCUMENT
AlA Doc:umenl
Conditions of the
is adopted in this
Do not use with
unless this
-19!J1. General
ract for Construction,
ment by reference,
general conditions
I is modified,
8.1.5 Rental costs of machinery and equipment. except as
Subparagraph 7.5.2.
This document has
i.fi all 'ded' endorsedby The
spec c y proVl ill Contractors of
8.1.6 Except as provided in Subparagraph 7,7,3 of this Agreement, costs due to the
negligence or failure to fulfill a specific responsibility of the Contractor, Subcontractors and
suppliers or anyone directly or indirectly employed by any of them or for whose acts any of
them may be liable,
8.1.7 Any cost not specifically and expressly described in Article 7,
8.1.8 Costs, other than costs.included in Change Orders approved by the Owner, that
would cause the Guaranteed Maximum Price to be exceeded.
ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS
9.1 Cash discounts obtained on payments made by the Contmctor shall accrue to the Owner
if (1) before making the payment, the Contractor included them in an Application for
Payment and received payment therefor from the Owner, or (2) the Owner has deposited
funds with the Contractor with which to make payments; otherwise, cash discounts shall
accrue to the Contractor, Trade discounts, rebates, refunds and amounts received from sales
of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make
provisions so that they can be secured.
9.2 Amounts that accrue to the Owner in accordance with the provisions of Paragraph ,9.1
shall be credited to the Owner as a deduction from the Cost of the Work.
.-~
;c~~ ,':
...,.;.....-....
-
01997 AlAe
AlA DOCUMENT 111 - 1997
OWNER - CONTRA
o 1920, 1925, 1951, 1961, 1963, 1967, 1974, 1978, 1987, 0 1997 by The American Institute at Architects,
Reproduction of the material herein or substantial quotation of its provisions without written permission of
rhe AlA violates rhe copyright laws of rhe United States and will subject he violate to legal prosecution,
WARNING: Unlicensed photocopyln8 violates U,5, Copyrl8ht laws and will subject the violator to legal 1735 New York A
prosecution, This document was electronically produced with permission of the AlA and can be reproduced in Washington D,(, 2
accordance with your license without violation until the date of expiration as noted below. expiration as noted .
below, User Document: 03-1029 owner mccoy 97am.aia - 100912003, AlA License Number 1016574, which
expires on 12/3112004.
6
ARTIClE 10SU8CONTRACTS AND OTHER AGREEMENTS
1Q.1 Those portions of the Work that the Contractor does not customarily perform with
the Contractor's own personnel shall be performed under subcontracts or by other
appropriate agreements with the Contractor. :me, Owner may designate specifi~ pe;sons or
entities from whom the Contractor shall obtam bIds. The Contractor shall obtam bids from
Subcontractors and from suppliers of materials or equipment fabricated especially for the
Work and shall deliver such bids to the Architect. The Owner shall then determine, with the
advice of the Contractor and the Architect, which bids will be accepted. The Contractor shall
not be required to contract with anyone to whom the Contractor has reasonable objection,
10.2 If a specific bidder among those whose bids are delivered by the Contractor to the
Architect (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that
portion of the Worl<; and (3) bas submitted a bid that conforms to the requirements of the
Contract Documents without reservations or exceptions, but the Owner requires that another
bid be accepted, then the Contractor may require that a Change Order be issued to adjust the ATTORNEY IS ENe
Guaranteed Maximum Price by the difference between the bid of the person or entity TO 115 cOMPtfn
recommended to the Owner by the Contractor and the amount of the subcontract or other AUTHENTICATION
agreement actually signed with the person or entity designated by the Owner, EIECTROMCAU.Y
MAYBf.MADEBY
10.3 Subcontracts or other agreements shall conform to the applicable payment 0401,
provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without Thisdocumetlr is inrended for use in
the prior consent of the Owner. comperirive biddin .
IMPOIITIINT lEGAL
IUA110NWITH AN
WITH RESl'fCT
OR MOOIFICATION,
Tl//S
D AlA IJOClIof!NT
AlA lXXUMENT
ARTIClE 11 ACCOUNTING RECORDS
The Contractor shall keep full and detailed accounts and exercise such controls as may be
necessary for proper financial management under this Contract, and the accounting and
control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants
shall be afforded access to, and shall be permitted to audit and copy, the Contractor's records,
hooks, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, This document has
vouchers, memoranda and other data relating to this Contract, and the Contractor shall erdo<sed by The
preserve these for a period of three years after final payment, or for such longer period as may Contractorsof
be required by law,
ARTICLE 12 PAYMENTS
12,1 PROGRESS PAYMENTS
12.1.1 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,
I
12.1.2 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month, or as follows:
12.1.3 Provided that an Application for Payment is received by the Architect not later than
the IDlb. day of a month, the Owner shall make payment to the Contractor not later than the
twenty-fifth day of the 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
~ days after the Architect receives the Application for Payment. '!!!!!!!!'
12.1.4 With each Application for Payment, the Contractor shall submit paymlls, petty cash ~
accounts, receipted invoices or invoices with check vouchers attached, and any other evidence ~~J..~'
reqwred by the Owner or Architect to demonstrate that cash disbursements already made by ~;'i.""'::
the Contractor on account of the Cost of the Work equal or exceed (1) progress payments -
already received by the Contractor; less (2) that portion of those payments attributable to the
I
I
o 1920. 1925. 1951. 1961. 1963. 1967, 1974. 1978. 1987, 0 1997 by The American InShtule 01 Arch,""'s,
Reproduction of the material herein or substantial quotation of its provisions without written permission of
the AlA violates the copyrlghl laws of the United 5Ia..s and will subject h. violate to legal p.oseculioo, The American Ins
WARNIN~: Unlicensed pho.ocopying viola.es U.S. copyrighllaws and will subject ,he violator to legal 1735 New York A
prosecution. This document was electronically produced with permission of the AlA and can be reproduced in Washin ton 0 C
accordance wi'th your license without violation until the date of expiration as noted below. expiration as noted g, . .
below. User Document: 03-1029 owner mccoy 97all1.aia -- 100912003. AlA license Number 1016574, which
expires on 1213112004.
01997 AlAe
AlA DOCUMENT
OWNER - CONTR
7
Contmctor's Fee; plus (3) payrolls for the period covered by the present Application for
Payroent,
1i.1.5 Each Application for Payment shall be based on the most recent schedule of values
submitted by the Contractor in accordance with the Contmct Documents. The schedule of
values shall allocate the entire Guaranteed Maximum Price among the various portions of the
Work. except that the Contmctor's Fee shall be shown as a single separate item, 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.
12.1.6 Applications for Payment shall show the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment. The percentage THIS DOCUMENT
of completion shall be the lesser of (I) the percentage of that portion of the Work which has CONSEOlENCES G
actually been completed; or (2) the percentage obtained by dividing (a) the expense that has ATTORNEY IS '
actually been incurred by the Contractor on account of that portion of the Work for which the TO ITS G
Contmctor has made or intends to make actual payment prior to the next Application for Atm/fNTlCATION
Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the E1KTRONICAU.Y
Work in the schedule of values, IIlAY BE MADE. BY
0401,
12.1.7 Subject to other provisions of the Contmct Documents. the amount of each progress
payment shall be computed as follows:
.1 take that portion of the Guaranteed Maximum Price properly allocable to completed AlA Document Aa11 1997, Gene<a/
Work as determined by multiplying the percentage of completion of each portion of Condilions of the G act for ConstnJction,
the Work by the share of the Guaranteed Maximum Price allocated to that portion of is adopted in this ment by refe"n:.,
the Work in the schedule of values, Pending final determination of cost to the Do not use with general conditions
Owner of changes in the Work, amounts not in dispute shall be included as provided urless this doannen is modified,
in Subpamgraph 7.J.8 of AIA Document A201-1997; This document has b
.2 add that portion of the Guaranteed Maximum Price properly allocable to materials ~::::;:::::7
and equipment delivered and suitably stored at the site for subsequent incorpomtion
in the Work. or if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing;
intended for use in
I
.3 add the Contmctor's Fee. less retainage of 1M percent ( 1!!. %),The Contmctor's Fee
shall be computed upon the Cost of the Work described in the two preceding
Clauses at the mte stated in Subparagraph 5.L2 or, if the Contractor's Fee is stated as a
fixed sum in that Subparagraph. shall be an amount that bears the same mtio to that
fixed-sum fee as the Cost of the Work in the two preceding Clauses bears to a
reasonable estimate of t~e probable Cost of the Work upon its completion;
.4 subtract the aggregate of previous payments made by the Owner;
I
I
I
.5 subtract the shortfall. if any, indicated by the Contractor in the documentation
required by Paragraph 12.4 to substantiate prior Applications for Payment. or
resulting from errors subsequently discovered by the Owner's accountants in such
documentation; and
a.-~
~
~'t~ ,';
........- ..-
......."
-
I
.6 subtmct amounts, if any. for which the Architect has withheld or nullified
Certificate for Payment as provided in Paragraph 9-5 of AlA Document A20l-1997.
I
12.1.8 Except with the Owner's prior approval. payments to Subcontractors shall be subject
to retainage of not less than 1M percent ( 1!!. %), The Owner and the Contmctor shall agree
I
01997 AlA.
AlA DOCUMENT A 11 - 1997
o 1920, 1925, 1951. 1961, 1963, 1967, 1974. 1978, 1987. 0 1997 by The Amencan Inshtute of Architects, OWNER _ CONTRA OR AGREEMENT
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 he violate to legal prosecution, The American Inst! te of Architects
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal 1735 New YorI< Aven N W
prosecution, This document was electronically produced with permissioo of the AlA and can be reproduced In Washingtoo D.C 2 . 5292
accordance with your license without violation until the date of expiration as noted below. expiration as noted ..
below, User Document: OH029 owner mccoy 97am.aia - lCV2912003, AlA license Number 1016574, which
expires on 12/3112004,
I
8
I
upon a mutually acceptable procedure for Wliew and approval of payments and retention for
Subcontractors,
12.1.9 In taking action on the Contractor's Applications for Payment, the Architect shall be
entitled to rely on the accuracy and completeness of the information furnished by the
Contractor and shall not be deemed to represent that the Architect has made a detailed
examination, audit or arithmetic verification of the documentation submitted in accordance
with Subparagraph I2.L4 or other supporting data; that the Architect has made exhaustive or
continuous on-site inspections or thattbe Architect has made examinations to ascertain how
or for what purposes the Contractor has used amounts previously paid on account of the
Contract. Such examinations, audits and verifications, if required by the Owner, will be
performed by the Owner's accountants acting in the sole interest of the Owner,
.1
THIS DOClKoffNT
CONSEOUENCES.
ATTOIlNEY IS
TO ITS COMPlITI
Al1rHENTlCATION
the Contractor has fully performed the Contract except for the Contractor's ELECfflONICAJ.LY
responsibility to correct Work as provided in Subparagraph 12.2.2 of AlA ';: BE MADE BY
Document A20l-1997, and to satisfy other requirements, if any, which extend '
beyond final payment; and
IMFOIfTANT LEGAl.
IUATIOH WITH AN
I> WITH RESl'fa
OR MODIfICATION,
THIS
AlA 1XJCIIofENT
NG AlA 1XJCIIofENT
12.2 FINAL PAYMENT
12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Contractor when:
intended for use in
.2 a final Certificate for Payment has been issued by the Architect.
AlA lJocument
12.2.2 The Owner's final payment to the Contractor shall be made no later than 3D days Conditionsof::;'
after the issuance of the Architect's final Certificate for Payment, or as follows: ~ -:;ted In 'th s
After receiot of the Contractor's final aOPlication for Davrnent or final acceotance of unless::::::ro
the scooe of worK bv the owner or Owner's representative, whichever is later.
12.2.3 The Owner's accountants will review and report in writing on the Contractor's final =b;:i::
accounting within 30 days after delivery of the final accounting to the Architect by the contradOrsof
Contractor. Based upon such Cost of the Worl< as the Owner's accountants report to be
substantiated by the Contractor's final accounting, and provided the other conditions of
Subparagraph 12.2.1 have been met, the Architect will, within seven days after receipt of the
written report of the Owner's accountants, either issue to the Owner a final Certificate for
Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding a certificate as provided in Subparagraph 9.').1 of the AlA
Document A20l-1997. The time periods stated in this Subparagraph 12.2.3 supersede those
stated in Subparagraph 9,4-' of the AlA Document A2Ol-'997.
12,2.4 If the Owner's accountants report the Cost of the Worl< as substantiated by the
Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall
be entitled to demand arbitration of the disputed amount without a further decision of the
Architect, Such demand for arbitration shall be made by the Contractor within 30 days after
the Contractor's receipt of a copy of the Architect's final Certificate for Payment; failure to
demand arbitration within this )O-day period shall result in the substantiated amount reported
by the Owner's accountants becoming binding on the Contractor, Pending a final resolution
by arbitration, the Owner shall pay the Contractor the amount certified in the Architect's final
Certificate for Payment. ~
12.2.5 If, subsequent to final payment and at the Owner's request, the Contractor incurs ~
costs described in Article 7 and not excluded by Article g to correct defective or ~JJ..~'
nonconforming Work, the Owner shall reimburse the Contractor such costs and the ";;."." ~
Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior -
to final payment, but not in excess of the Guaranteed Maximum Price. If the Contractor has
app<<Ned and
'ated General
o 1920. 1925, 1951, 1961, 196], 1967, 1974, 1918, 1987. 0 1997 by The Amencan InsnMe 01 An:h1teCts,
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 he violate to legal prosecurton. The American Ins
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal 1735 New York A
prosecution. This document was electronically produced with permission of the AlA and can be reproduced in Washi tan 0 C
accordance with your license without violation until the dare of expiration as noted below. expiration as noted ng.. .
below, User Document: 0]-1029 owner mccoy 97al11,aia -- l009120Q], AlA License Number 1016574. which
eJtPires on 12/3112004.
01997^IAe
AlA DOCUMENT A 111 - 1997
OWNER - CO CTOR AGREEMENT
9
\
participated in savings as provided in Paragraph 5-2, the amount of such savings shall be
rt',j:alculated and appropriate credit given to the Owner in detennining the net amount to be
paid by the Owner to the Contractor.
ARTIClE 13 TERMINATION OR SUSPENSION
13.1 The Contract may be terminated by the Contractor, or by the Owner for
convenience, as provided in Article 14 of AIA Document MOI-I9'J7. However, the amount to
be paid to the Contractor under Subparagraph }4.L3 of AIA Document MOl-I9'J7 shall not
exceed the amount the Cont18ctor would be entitled to receive under Paragraph 1).2 below,
except that the Contractor's Fee shall be calculated as if the Work had been fully completed
by the Contractor, including a reasonable estimate of the Cost of the Work for Work not
actually completed.
. , ., THIS DOCUMENr H IMI'OftTANT LEGAL
13.2 The Contract may be tennmated by the Owner for cause as proVlded m Article 14 of CDNSEOUNCES, TAnONWlTHIW
AIA Document MOl-I9'J7. The amount, if any, to be paid to the Contractor under ATTORNEY IS ENCJ WITH RESl'ECT
Subparagraph }4.2.4 of AIA Document MOH9'J7 shall not cause the Guaranteed Maximum TO ITS COMPliTI OR MOO/FICA nON,
Price to be exceeded, nor shall it exceed an amount calculated as follows: AIJTHENrICAT/ON TfUS
ELECTRONICAJJ. Y 0 AlA DOCIMNT
MAY BE MAJJE BY NG AlA DOClIoIENT
{)4()J,
13.2.1 Take the Cost of the Work incurred by the Contractorto the date of termination;
intended fOf' use in
13.2.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of This document is
termination at the rate stated in Subparagraph j.L2 or, if the Contractor's Fee is stated as a competitive biddin
fixed sum in that Subparagraph, an amount that bears the same ratio to that fixed-sum Fee as
the Cost of the Work at the time of termination bears to a reasonable estimate of the probable AlA Document.uJ
Cost of the Work upon its completion; and Conditions of me G
is adopted in /his
IJo not use wirh
unless /his docu
13.2.3 Subtract the aggregate of previous payments made by the Owner,
13.3 The Owner shall also pay the Contractor fair compensation, either by purchase or This document ha5
rental at the election of the Owner, for any equipment owned by the Contractor that the endors<dby The
Owner elects to retain and that is not otherwise included in the Cost of the Work under Contractors of
Subparagraph IJ.2.L To the extent that the Owner elects to take legal assignment of
subcontracts and purchase oroers (including rental agreements), the Contractor shall, as a
condition of receiving the payments referred to in this Article 13, execute and deliver all such
papers and take all such steps, including the legal assignment of such subcontracts and other
contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting
in the Owner the rights and benefits of the Contractor under such subcontracts or purchase
orders.
13.4 The Work may be suspended by the Owner as provided in Article 14 of AIA
Document MOl-l99T, in such case, the Guaranteed Maximum Price and Contract rune shall
be increased as provided in Subparagraph 14-3.2 of AIA Document MOH9'J7 except that the
tenn "profit" shall be understood to mean the Contractor's Fee as described in Subparagraphs
5,L2 and Paragraph 6,4 of this Agreement.
ARTICLE 14 MISCELLANEOUS PROVISIONS
14,1 Where reference is made in this Agreement to a provision AIA Document MOl-l9'J7
or another Contract Document, the reference refers to that provision as amended or _
supplemented by other provisions of the Contract Documents, 111
~
14.2 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 pre'llliling ...~....... ,'-
from time to time at the place where the Project is located, -~~
(Insert rale of interest "8ffl!d upon, iflU1y.)
I
Cl 1920, 1925, 1951, 1961, 1963, 1967, 1974, 197a, 1987, Cl 1997 by The American Insntute 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 he violate to legal prosecuHon,
WARNING: Unlicensed photocopytng violates U.S. copyright laws and will subject the violator to legal
prosecution. This document was electronically produced with permission of the AlA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. expiration as noted
below, User Document: OH029 owner mccoy 970m,alo - 1<Y2912003, AlA License Number 1016574, which
expires on 1213112004,
I
10
I
14.6 Other provisions:
Not ApDllcable,
ARTICLE 15 ENUMERATION OF CONTRAO DOCUMENTS AlADoclImenlA20 1997,General
15.1 The Contract Documents, except for Modifications issued after execution of tbis tract for Construction,
Agreement, are enumerated as follows: ument by reference,
gener'" conditions
i. modified,
The American Institu e of Architects
(I 1920, 1925, 1951, 1961. 1963, 1967. 1974. 1978, 1987. (I 1997 by The American In.mute of Architects, 1735 New York Aven e, N,W,
Reproduction of the material hereio or substantial quotation of its provisrons without written permission of Washington. D.C. 2 -5292
rhe AlA violates rhe copyright laws of the United States and will subject he violate to legal prosecution,
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator 10 legal
prosecution, This document was electronically produced wlrh permission of rhe AlA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. expiration as noted
below, User Document: 03-1029 owner mccoy 97a111.aia ,- 100912003, AlA license Number 1016574. which
expires on 1213112004,
Eioht oercent (8%\ Der annum,
(Ustuyla...1Ild "'1uirmJe11u UtJderIM Fedenl1iu/l1 ill Ut1diBgAd, simiIar.....IIldJoalCDl1.Wl11<rardit Ia...1Ild
other ,.,u/aliol1S III the OM7Jtrsllld COD/JlldOrS ~ p/M:es ofbusiMss, tbe _0 oftbe P10jed IIld dswbm
_yo/frd Ibe VIlidilyoftbis ptJl'UioD,lipJ _ sbonitl br oIuimd witb "'fJ<<l10 dddi41JS or _m. IIld
oJ...,.,udiotI requiroments sudJ.. writletJ disdos_ or woivm.)
14.3 The Owner's representative is:
(/I/mJ<. addnssllld other iDJiJmulioD.)
Biaaio 180nll77i
920 Armstrono Road
Call isle. PA 17013
14.4 The Contractor's representative is:
(lWme. addnssllldother_lioo.)
Cameron Rembold
Vice President of Construction
Cell 385-7706
14.5 Neither the Owner's nor the Contractor's representative shall be changed without ten
days' written notice to the other party.
15.1.1 The Agreement is tbis executed 19'J7 edition of the Standard Form of Agreement
Between Owner and Contractor, AlA Document Am-l9'J7.
15.1.2 The General Conditions are the 19'J7 edition of the General Conditions of the
Contract for Construction, AlA Document luOH9'J7.
15.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated , and are as follows:
Document
Title
Pages
I
A201-1997 General Conditions of the Contract for Construction 1thru 44
15.1.4 The Specifications are those contained in the Project Manual dated as in
Subparagraph 15,L3, and are as follows:
(Either list Ibe Specilicalio4S bm or reM 10 lID edzibil.ltKbed hJ tbisA{peemetJt)
I
Section
Title
Pages
I
As shown on drawinas.
15.1.5 The Drawings are as follows, and are dated n. ucl'9S a diffCf'Bt alii' is shown
below:
(Eiiber list the DnlwiJJgs bereor rPfer to VI exhibiJllltKbed to this Agreement)
I
Number
Title
Date
I
1 of 4
20f4
30f4
40f4
CS1,OO
Julv 30. 2003
June 2. 2003
Julv 31. 2003
June 2, 2003
October 10,2003
I
Prooosed Site Plan
Existing Site Plan
GradinqJUtilitv Plan
Erosion & Sediment Control Plan
Cover Sheet
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THIS DlXIMNf
CONSEQUENCES,
ATTOIlNfYIS
TO ITS COMPlET
AUTHENTICATION
EUCT/lONICA11 Y
MAY BE MADE BY
0401,
IMI'OIfTANT lEGAL
ILTAllON WITH AN
W1THflE5Pf.CT
011 MODIFICATION,
THIS
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AlA OOCUMENT
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01997 AlA.
AlA DOCUMENT A I - 1997
OWNER - CONrRAC R AGREEMENT
11
This document is intended for use in
, . II competilive biddina
15.1.7 Other Documents, if any, fonmng part ofthe Contract Documents are as fo ows:
(LiR heft my oddilioJuJ documenLl, _ os . IUl of 01_ tbBl alP intended 10 limn put of Ibe Cootna AlA Documenl A2DI 99Z General
Doaunenu AL4 J:JocummI A20J-~ proYit:/e$ Ibat biddiDg requiremmu such /IS IIllwrtisemml or inrit.lion to hid.. ' .
fnslrvajOlU '0 Bidden, SWlP. fonns tUJd Ibe Contndor's bid alP noI. put of Ibe Con/nd Documents unless conditions of lire "act f/1l' ComtrucIton,
enumerated in tbisAgreemenL 111.,. should be listed her. only ifinlenderllo be pm of the Contrad Documenu.) is adopted in this menl by ref~e,
McCoy Brothers. Inc. DesianlBuild Procosal addressed to Mr. Benny Iannuzzi. Do not use ~ ,aenert- condiltons
OWner, dated Julv 24, 2002 and revised on Mav 28. 2003 as Drepared by Greoorv 8, uti... this I s modi .ed,
Kuhn, McCov Brothers, Jne Thisdoromenlhas
ettdorsedbylhe
ARTiClE 16 INSURANCE AND BONOS C""""'lorsof
(LiR "'Iuiretf limits ofliabiiJiy fOr insunnce tUJd bonds. AM Documenl A201-lJ1!17 gi..s other spe<iIic "'Iuimnenu fOr
PWJnUlceand bonds.)
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THIS OOCIIMfNT
COHSEOtENCES. 0
ATTORNEY /S ENe
TO ITS
AUTHENTICATION
Not Aoolicable ELECTRONICAUY
MAY BE MADE BY
Portions of Addenda relating to bidding requirements are not part of the Contract Documents 0401,
unless the bidding requirements are also enumerated in this Article 15-
A1,01
A1.02
A2.01
A2,02
1\,3,01
A6.01
81,0
82,0
82,1
83,1
$4,1
$4,2
15.1.6
Number
Floor Plan
Roof Plan
Exterior Elevations
Exterior Elevations
Buikllna Section
Door & Window Schedule
General Notes
Foundation Plan
Roof Framing Plan
Structural Sections and Details
Tyoical 8ections and Details
TyDical Sections and Details
The Addenda, if any, are as follows:
October 9. 2003
October 30. 2003
October 9. 2003
October 9, 2003
October 9, 2003
October 30, 2003
October 30. 2003
October 30. 2003
October 30. 2003
October 30 2003
October30 2003
October 30. 2003
Date
Pages
This Agreement is entered into as of the day and year oot ' ten above and is executed in at least
three original copies, of which one is to be delivered to e Contractor, one to the Architect for use
~ administration ~~t~d~~ain rto e Owner,
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Biaaio Iannuzzi
(Printed ...... ant/title)
The American Instltu
CO 1920, 1925, 1951, 1961. 1963. 1967, 1974, 1978, 1987, CO 1997 by The American Instftute of Architects, 1735 New York Aven
Reproduction of the material herein or substantial quotation of its provisions without written permission of Washington, D.C. 2
!he AlA violates !he copyright laws of !he United Stares and will subject he violate 10 legal prosecution,
WARNING: Unlicensed photocopying vlolares U.S, copyright laws and will subject the violator to legal
prosecution, This documenl was electronically produced with permission of the AlA and can be reproduced in
accordance with 'fOOr license Without violation until the date of expiratfon as noted below. expiration as noted
below, User Document: 03-1029 owner mccoy 97am,aia - 100912003, AlA Ucense Number 1016574. which
expires on 12131/2004.
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01997 AlA.
AlA DOCUMENT All .1997
OWNER - CONTRACT AGREEMENT
of Architects
N,W,
5292
12
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COMMERCIAL
INDUSTRIAL
INSTITUTIONAL
DESIGN/BUILD
SINCE 1946
July 24, 2002
Revised - May 28, 2003
Mr. Benny Iannuzzi
920 Armstrong Road
Carlisle, Penna, 17013
RE: Design/Build Proposal for
Marcello's Village
8,011 SF, Strip Center@ Shaffer Business Park
North Middleton Township, PA,
Dear Mr. Iannuzzi,
I am pleased to offer you this revised "Design/Build Proposal" for various construction services
required to construct an 8,011 sf, conventionally built building shell for the purpose of a Strip
to be located on Lot #5 and 11 A at Shaffer Business Park as referenced above, The building
consist of two (2) wings 40'. 0" wide x 124'. 0" long connected at 90 degrees creating a cent r
space of approximately 48'. 0" x 48'. 0", The shell will offer a total of five (5) tenant spaces
consisting of two (2) at 1,357 sf, each, two (2) at 1,399 sf, each and one (J I at 2.499 sf, The st
joist bearing height of the building shall be 14'- 2" at the front and 13'.4" high of the rear wall.
Originally. budget pricing was developed for site improvements, the building shell and various fit-
out costs for restaurant styll'l occupancy, Those costs were extremely budgetary in nature an
assumed due to the fact fhat a land development plan and architectural drawings were not
available at bid time, However, now a Preliminary/Final Land Development Plan and perspect ve
architectural and structural drawings have been completed thus allowing for more accurate
estimating. This proposal is based upon these documents as outlined below,
. Preliminary/Final Land Development Plans for Marcello's Village drawing # J fhru 4 dot d
April 23, 2003 as prepared by Dawood Engineering, Inc, of Carlisle, PA,
. Proposed Floor Plan, Exterior Elevations and Building Cross Section drawings # A 1 ,01 , A2 01
and A3,O 1 dated January 31. 2003 as prepared by Cianfichi & Scholl Architectural
Associates, LLC, of Carlisle. PA,
. Preliminary Structural Framing Plan drawing # 1 dated February 18, 2003 as prepared b
Ritchie Engineering, p,c. of Carlisle, PA,
. Outline scope of work and Exclusions/Qualifications,
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AII.RICAN
BUILDINGS
P,O. BOX 7300 . 1514 COMMERCE AVENUE' CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 241-2023' (717) 238-4356' FAX: (717) 241-2055
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. Mr. Benny Iannuzzi
Carlisle, PA,
Page 2
Ma 28,2003
RE: Marcello's Village 8,011 SF, Strip Center@ShafferPark
SCOPE OF WORK - STRIP CENTER
Division 1 - General Requirements
. General liability insurance,
. Project foreman and superintendent management services,
. Jobsite office and temporary facilities,
. Project clean up and removal of all debris,
. All equipment operation and maintenance manuals,
Division 2 - Site work
. Site and building layout.
. Earthwork to establish suitable sub grade for building,
. Excavate/backfill building foundation,
. Stone base of 4" under concrefe slab on grade,
. Erosion and sediment confrol systems,
. Asphalt paving system (3,186 sy,) with line painfing and site signage,
. _pr_€t_c::_ast concrete car blJmoer blocks C291,
. Reinforced concrete walks, pads and curbing,
. Spreading of topsoil and seeding of all disturbed areas,
Division J - Concrete
. Pour continuous concrete reinforced foundation for perimeter exterior of proposed buildin
. Pour reinforced spread footings and piers as required for primary steel system,
. Slab on grade of 4" - 3000 psi. concrete including 10 gauge reinforcing mesh, 6 mil vapor
barrier, expansion joints, saw-cut joints, 2" foundation insulation 24" each way and sealed ith
a clear liquid curing compound,
Division 4 - Masonry
. Masonry foundation of 8"/10" cmu, to a depth as required to reach undisturbed soil.
. Reinforced 10" split face masonry bearing wall with bond beam and I-con insulation inserts t
rear at building,
. Split face veneer decorative masonry at ends and across front elevation with two (2) - 8" hi h
courses of an alternate color band,
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..NIr. Benny Iannuzzi
.
Carlisle. P A,
Page 3
May 8. 2002
RE: Marcello's Village 8.011 SF, Strip Center@ShafferPark
Division 5 - Metals
. Anchor bolts for steel support columns & concrete filled steel pipe bollards at exterior.
. Steel columns. beams and joist with metal deck at roof plan,
. Miscellaneous masonry lintel angles and bearing plates,
. Light gauge metal truss framing with hat channel at roof canopy and center tower.
Division 6 - Woods and Plastics
. Miscellaneous wood roof blocking,
Division 7 - Thermol and Moisture
. EPDM 60 mil. fully adhered membrane roofing over 2.7" polyiso roof insulation (R= 16.7)
complete with all required metal trims/flashing,
. Provide six 16) metal scupper collection boxes with downspouts at rear of building,
. Furnish Owner with 0 ten (10) year watertightness warranty,
. Architectural standing seam 18" wide panel by Petersen over roof canopy and center to er
with aluminum soffit and small profile gutter and downspout system,
. EIFS with accent bonds at front wall of two (2) tenant spaces, ,
. Batt insulation of 6" (R-19) with kroft-faced vapor barrier at stud framed walls,
. Bilco #S-20 roof hatch at Owner's tenant space for roof access,
. Furnish and install (19) poly resin structural. decorative columns for canopy support,
. Caulking and sealing os required,
Division 8 - Doors and Windows
. Six (6) 3070 exterior hollow metal frames and doors wilh finish hardware,
. Four (4) single and one (1) pair of man door main entrance systems with transom, Doors on
transom sholl be of wide style type framing of 5" at jambs, 4" at head and 8" at bose,
. Aluminum fixed windows with white internal colonial grilles located across ends and front
elevation of both single (3' wide) and twin (6' wide) design x 6'- 0" high,
. All aluminum sholl hove 0 point finish selected from manufacturers' (20) standard paint col rs
and glozing of 1" clear insulated gloss,
~ lc ckmj ~<ili~
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. Mr, Benny Iannuzzi
Carlisle. PA,
Page 4
Ma 2B. 2003
RE: Marcello's Village 8.011 SF, strip Center@ Shatfer Pork
Division 9 - Finishes
.
Pointing of steel pipe bollards and hollow metal frames/doors with two (2) coots of oil ase
. finish over facfory applied red-oxide primer.
Exterior metal stud framing system of 6" - 20 gauge material with gypsum sheathing 0 ross front
& both ends of building,
Metal stud stick framing of walls and roof for center tower complete,
Inslall four (4) metal stud demising partitions consisting of 5/8" drywall. 6" sound batt in ulation
and deflection top track located within shell from finish floor to roof deck,
Hong 0 2' x 4' suspended acoustical tile ceiling from 0 metal grid system throughout e tire
area of the proposed shell.
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Division 10 - Specialties .\..01. . u..- 7
~ OP- 'v_~ '
. Five 15) - lOlt fire extinOLJishe~mounted within semi-recessed cabinet,
. Equip two (2) ADA bathrooms with toilet accessories os required,
. Include allowance for street located pylon sign for building identification,
Division 11 - Equipment (not required)
Division 12 - Furnishings (not required)
Division 13 - Special Construction (not required}
Division 14 - Conveying Systems (not required)
Division 15 - Mechanical
. Sewer (6"} & water (2") main laterals from West Suncrest Drive to building, Extend sanila sewer
lateral around rear of building and stub through wall for future rough-ins,
. Five [5) propane gas-fired rooftop units, two (2) @ 5-ton and three (3) @ 3 ton capacity f r
proposed tenant spaces with gas piping and thermostats,
. Provide two (2} complete ADA approved Restrooms with 0 wall-hung lavatory, toilet,
applicable trims and 011 related vent, water and waste piping,
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Carlisle, PA,
Page 5
Ma 28, 2003
RE: Marcello's Village 8.D11 SF, Strip Center@ Shaffer Park
Division 16 - Electrical
.
Underground, single-phase electrical main service from curb to meter pack,
Extension of 200 AMP, single-phase service to sub-panel for five (5) tenant spaces, 7
Recessed metal halide 100 watt can soffit lighting at canopy,~ ~ (; J
Site lighting via two (2) poles with shoebox style fixtures and lamps and two (2) decorati e .~ ~ .
lampposts located at the entrance drive (allowance of $800,OO/each), c<.,"t \<>1 \t./d'(
Provide two (2) 250-watt metal halide wall pads located at rear of building,
Control all proposed site lighting by a photocell and time clock,
Extend circuit out to frontage along Calvary Road for lighting of proposed pylon sign,
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CONSTRUCTION COST BREAKDOWN
Sitework & Asphalt Paving
Shell Building
Demising Partitions
Acoustical Tile Ceiling
ADA Bathrooms (2)
Restaurant Fit-out
$85,949,00
$357,235,00
$10,934,00
($9,727~ .
$7,921.
by Owner
"
($10.73/sf.)
($48,16/sf,)
"
'5
....JL.____ <.../067. w M
Total Project Cost
$471,766,00 ($58,89/sl.)
QUALIFICATIONS and EXCLUSIONS
1, No soils testing, test borings or geo-technical reports,
2, No rock excavation or removal of unsuitable/hazardous soils, if encountered,
3, No sewer and/or water tap fees,
4, No interior drywall work, painting and/or flooring finishes 01 tenant spaces,
5, No power, telephone and/or gas company fees, if applicable,
6, No performance and/or payment bond is included,
7, No sprinkler, mechanical and/or electrical systems,
8, No architectural. civil, structural, mechanical and/or electrical engineering fees,
9, No state fees or approvals,
10, No tenant space signage,
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Mr. Benny Iannuzzi
. Carlisle, PA,
Page 6
Ma 28,2003
RE: Marcello's Village 8,011 SF, Strip Center@ Shaffer Park
Thank you for the opportunity to submit this "Design/Build Proposal", I look forward in workin with
you and your professional design team of Dawood Engineering, Cianfichi & Scholl Architec ural
Associates and Ritchie Engineering all in an effort to complete 0 most successful and attra ive
construction project.
If you have any questions or I con be of any additional assistance regarding this motter, pie se
contact me at your convenience. Again, thank you,
cc: Robert B, Cianfichi - C & S
file
II
" \.,
BIAGIO IANNUZZI
KIMBERL Y IANNUZZI,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-1971 CIVIL TERM
CIVIL ACTION-LA W
MCCOY BROTHERS, INC.,
Defendant
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued with
prejudice.
Date: February 21,2007
Respectfully submitted,
mEN'B~C~?1
David A. Baric, Esquire
J.D. # 44853
19 West South Street
Carlisle, P A 17013
(717) 249-6873
Attorney for Plaintiffs
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CERTIFICATE OF SERVICE
I hereby certify that on February 21, 2007, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Dean F. Piermattei, Esquire
Rhoads & Sinon
One South Market Square
Harrisburg, Pennsylvania 1710 I
David A. Baric, Esquire
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