HomeMy WebLinkAboutClub Pilates Michigan Road Contract���� � �`
���� �c�►cu�+�nt A°t �'# --a �Qi�7
Sfa�dand F=ortrr r�f Agreement Between t)wner ar�t! Ct�r�tracicar v�{here the 6asts cs#
paymen� is a Stipulated Sum I
Agreeme�lt made as of the 5`h day of June
in the year 2020
Between the "Owner"
Vita Studio Zionsville, LLC
821 Raxbury Lane
Noblesville, IN 46062
Federal ID #$4-4b77861
And the "Contractor".
Alt Construction, LLC
4365 West 96�' Street
Indianapolis, IN. 46268
P:317-253-1251
F: 317-872,3270
For the following "Projeci":
Clut� Pilates Michigan Road
1Q$95 N. Michiga.� Road, Suite TBD
Zionsville, IN 46077
The "Architect":
Kenneth Ogden Vdeiss
1619 Norfolk Street
Speedway, IN 46224
The Owner and Con�ractor agree as follows:
TABLE OF ARTICLES
T�-IE CONTRACT DC�CUMENTS
2 THE WORK OF THIS CONTRACT ',
3 DATE OF COMMENCEMENT AND SUBSTANTIAL CC1NIl'L�TION
4 CONTRACT SUM
5 PAYMENTS
AIAO Daeqmeut A1Q1 i"'- 2007 Copyright � 1915, 1918 i925, 1937, 1951, 1958, 1961, 1963, 1467, 1974, 1977, 198Q, 198i, 1991, 1997 and 2007 by TLe
Ameriaan Institution of Architects. All reghts aeserved. WARNING: This AIA� I3ocument is protected by U.S. Copyright Law and 7ntemational Trearies.
Uaauthorized reproduction or distribution of this ATA� Document, or any partion of it, may result in severe civii and cri�inal penalties, and will be prosecuted to tt�e
masimum extent possible under the iaw. This Document was created af d8:46:47 MST on 02/20f2008 under the terms of license number 26001 issued by the
Anterican Institute of Architects, and is not for resale. This document is licensed for one time use only and may not be re�jrodnced prior to
its campletion.
6 DISPUTE l�ESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
g ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BpNDS
ARTICLE 1 TAE CONTRACT DOCt71VIENTS �
The Contract Documents consist af this Agreement, Conditions of the Contract (C�leneral, Supplementary and
other Conditions), Drawings, Specificatians, Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Modifications issued after execution af this Agreement, all of which
form the Contract, and are as fuily a part of the Contract as if attached to this Agreement or repeated herein.
The Contract represents the entire and integrated agreement between the parties h;�ereto and supersedes prior
negotiations, representations or agreements either written or oral. An enumeration qf the Contract Documents,
other than a Modification, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shal� fully execute the Wark described in the Contract Documents as Eghibit A— Pronosal.
ARTICLE 3 DATE OF COMll�NCEMENT AND SUBSTANTIAL COlVI�LETION
§ 31 The date of commencement of the Work sha21 be the date of this Agreement u�tess a different date is
stated below or provision is made for the date to be fixed in a notice to proceed issu�d by the Owner.
Upon Ubtaining P'ermits —(8 weeks of construction barring any restrictions due to� lead times on materials)
If, prior to the commencement of the Work, the Owner requires time to file mortgagws and other security
interests, the Owner's time requirement shall be as follows:
N/A
§ 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
O calendar days from the date of commencement: Date of Commencement- To be �letermined
Subject to delays by acts of God, change orders, manufacturer's,delays, strikes,
work stopped for permits, or other unforeseen acts not caused by �ontractor.
subject to adjustments of this Contract Time as provided in the Contract DocumentsJl
See Section 8.6
ARTICLE 4 CONTRACT SUM
AIAOO Document A101 T"i - 2007 Copyright O� 1915, 1918 1925, 1937, 1951, 1958, 1961, 19(3, 1967, 1974, 1977, 1980, 19$7, 1991, 1997 and 2007 6y Tl�e
American Institution of Architects. All rights reserved. WARNING: Tlvs AIA� Document is protected by U.S. CopyrightiLaw and Intemarional Treaties.
Unauthorized reprodnction or distriburion of this AIA� Doeumevt, or any portion of it, may result in severe civil and criminal�i penalries, and will be prosecuted to the
maximum extent possible under the law. This Document was created at 08:46:47 MST on 02/20/200� under the terms of lice�e number 260Q1 issued by the
American Institute of Architects, and is not for resale. Tlus document is licensed for one time use only and may not be regrod ced prior to
its completion.
�—
--- _--
§ 4.1 Tl�e C)�+�vner shall pay the Contractor the Contract Sum in the current funds
performance of the Contract. The Contract Surn shall be One Hundred Thirty '
Forty _dollars and 00/1fl0 Cents ($132,440A0), subject ta additions and deduc
Contract Documents.
§ 4.2 The Contract Sum is based upon the following alternates, if any, which are
Documents and are hereby accepted by the Owner:
§ 4.3 Unit prices, if any:
i�/Il
§ 4.4 Allowances included in the Contract Sum, if any:
N/A
ARTICLE 5 PAYMENTS
§ 5.1 PROGR.ESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the
Payment issued by the Architect, the Owner shali make progress payments on a
the Contractor as provided below and elsewhere in the Contract Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calen
day of the month, or as follows:
the Contractor's
� Thousand Four Hundred
s as provided in the
in the Contract
ctor and Certificates for
af the Contract Swn to
month ending on the last
1. 1 St payment application at 33% job completion
2 2na payment application at 6b% job completion
3. 3id payment applieation at 100% Substantial completion
4. 4'� payment Retainage application at job completion and p ch list completion
** All payments to be a NET 10 day pay period* *
§ 5.1.4 Each Application for Payment shall be based on the most recent sch�
change orders, submitted by the Contractor in accordance with the Contract
values shall allacate the entire Contract Sum among the various portions of the
shalt be prepared in such form as supported by such data to substantiate its
Manager may reqiiire. This schedule, unless objected to by the Architect,
reviewing the Contractor's Applications for Payment.
§ 51.5 Applications for Payment shali show the percentage of completion of
end of the period covered by the Application for Payment.
ale of values, including any
�cuments. Th� schedule of
ork. The schedule of values
;,curacy as the Canstruction
Zall be used as a basis for
portion of the Work as the
§ 5.1.6 Subject to other provisians of the Contract Documents, the arnount of ea,�ch progress payrrfent shal] be
computed as follows: I
.1 Take tha# portion of the Contract Sum properly allocabie to ca�npleted Work as determined
by muitiplying the percentage of compietzon of each portion ofithe Work by #he share of the
Contract Sum allocated to that portion af Work in the schedul of values, less retainage of
percent Ten (10%}. Pending final determination of cost to the O�vner of changes in the Work.
.2 Add that partion of the Contract Sum properly allocable to mate als and equipment delivered
and suitably stored at the site for subsequent incorporation in t� completed construction (or,
AIA� Dotument A101 TM - 2d(17 Copyright � 1415, 1918 I925, 1937, 1951, 1958, 1961, 1963, 1967, 19fi4, 1977, 198Q, 1987, 1991, 1997 and 2007 by The
American Institutian of Architects. AII righis reserved. WAR1VI13G: This AiA� Document is protected by U.S. Copycpght Law and International Treaties.
Unauthorized reproduction or dtstribution of this AIA� Document, or any portion of it, may tesuIt in severe civil and c� � al penaities, and will be grosecuted W the
maYimum e7ctent possibie under the law. This I)ocument was created at 08:46:47 MST on 02/2012008 under the terms of 'cense number 26001 issued by the
American Institute of Arctritects, and is not for resate. This document is licensed for one time use only and may not be re roduced prior to
its completion.
L�
3
.4
if approved in advance by the Owner, suitably stored ofF the
writing), less retainage of
Ten Percent (10 %);
Subtract the aggregate of previous payments made by the Ov�
Subtract amounts, if any, for which the Construction Man
Certificate far Payment.
§ 5.1.7 The progress payment amount determined in accordance with Section 5.
under the following circumstances:
.1 Add, upon Substantial Completion of Work, a sum sufficient to i
the full amount of Contract Sum, less such amounts as the
determine for incomplete Work, retainage applicable to such wor
.2 Add, if fmal campletion of the Work is thereafter materially de
Contactor, any additional amounts owed.
§ 5.1.8 Reduction or limitation of retainage, if any shall be as follows:
§ 5.19 Except with the Owner's prior approvat, the Contractor shall not make
for materials or equipment which have not been delivered and stored at the site.
at a location agreed upon in
and
has withhe}d or nullified a
.6 shall be further modified
;rease the total payments to
anstruction Manager shall
and unsettled claims; and
�ed througn no fault of the
payments to suppliers
§ 5.2 FINAL PAYMENT
§ 5.2.1 Final, constituting the entire unpaid balance of the Contract Sum, shall e made by the Owner to the
Contraetor when
.1
.2
the Contractor has fully performed the Contract except for the (
correct Work, if any, which e�ended beyond final payment; and
a final Certificate for Payment has been issued by the Architect.
§ 5.2.2 The Owner's fmal payment to the Contractor shall be made no later than
the Architect's final Certificate for Payment, or as follows:
Completian of scope of work pursuant to contract and a possession of a
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 INTTIAL DECISION MAKER
The Architect will setve as Initial Decision maker unless the parties appoint
party to this Agreement, to serve as Initial Decision Mak�r.
N/A
§ 6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by, mediation the method of binding
follows:
Arbitration pursuant to Section 15.4 of AIA Document A201-2Q07
X Litigation in a court of competent jurisdiction
s responsibility to
14 days after the issuance vf
of occupancy.
another individual, not a
resolution shall be as
❑ Other (5peca, fy)
AIA� Dceument AlUI T°'- 2007 Copyright � 1915, 1918 1925, 1937, 1451, 1955, 196t, 1463, 2967, 1974, 1977, 198q, 1487, 1991, 1997 and 200? by The
American Insrimrion of Architects. All rights reserved. WARNING: This AIA� DocumenY is psotected by U. S. Cop'�,�,.}{ght Law and International Treaties.
Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civil and cnn�inal penaities, and will 6e prosecuted to the
maximum extent possible under the ]aw. Tlus Document was created at 08:46:47 MST on 62/20/2008 under the terms of icense number 26001 issued by the
American Institute of Arcflitects, a�id is not for resale. T1us document is licensed for one time use only and may not be re roduced prior to
its comgletion.
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner for reasonable cause
§ 7.2 The Work may be suspended by the Owner for reasonable cause.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Payments due and unpaid under the Contract shall bear interest from the d�
stated below, or in the absence thereof, at the legal rate prevailing from time to ti
Project is located. In addition a penalty wiil be assessed, as stated below, for any
days from invoice.
1.5% per month
$5,000 penalty for any payment that is 75 days past due
§ 8.2 The Owner's representaxives:
Ralph Thorpe
Email: ratph thor�e�ciubpilates com
Phone: 317-696-4600
§ 8.3 The Contractor's representative:
Seth Alt
4365 West 96`h Street
Indianapolis, Indiana
46268
P: (317)253-1251
F: (317)872-3270
Email: seth�aitconstruction.com
� 8.5 Neither the Owner's nor the Contractor's representative shall be changed
to the other party.
§ 8.6 Other provisions:
NfA
ARTICLE 9 ENUIVIERATION aF CONTRACT DOCUMENTS
§ 9.1 The Contract documents, except for Modifications issued after execution
enumerated in the sections below:
§ 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard F
Owner and Contractor.
§ 9.13 The supplementary and other Conditions of the Contract:
A[A� Document A101 T^' - 2007 Copyreght �'v 1915, 1918 1925, 1937, I951, 1958, 1961, 1963, 1967, 1974, 1977, ] 98
American Institution of Architects. All rights reserved. WARNING: Tlils AIA� Document is protected by U.S. Copy
Unauthorized reproducrion or distribution of this AIA� Document, or any portion of it, may result in severe civil and cri3
ma�cimum extent possible under the law. T6is Document was created at 08:46:47 MST on 02/20/2008 under the terms of
American Institute of Architeets, and is not for resale. This document is lieensed for one time use only and may not be re
its completion.
payment is due at the rate
e at the place where the
�yments past due over 75
date of invoice.
ten days written notice
'this Agreement are
of Agreement Be#ween
), t987, 1991, 1997 and 2007 by The
ight Law and International Treaties.
iinal penaliies, and will ba prosecuted io Yhe
license num6er 26001 issued by the
�roduced prior to
Document
E�ibit "A"
§ 9.1.4 The Specificatians:
Title
Alt Construction Bid Proposal
Project plans provided separately.
Section Title
§ 9.1.5
Number
§ 9.1.6 The Addenda if any:
Number
Date
Title
Date
Pages
Portions of Addenda relating to bidding requirements are not part of the Contract
bidding requirements are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any, forming part of the Contract Documents:
.1 Other documents, if any listed below:
N/A
ARTICLE 10 INSiJItANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds per the
(State bonding requirements if any and limits of liabiliry for insurance required .
N/A
This Agreement entered into as of the day and year first writien above.
OWNER (Signature)
(Printed name and title)
(Date)
Date
Seth Alt,
(Date)
Pages
Date
Pages
unless the
of the state of wark.
(Srgnature)
AIA� Document A101 T"' - 2007 Copyright OO I915, 1918 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1 80, 1987, 1991, 1997 and 20d7 by The
Ameriean Institurion of Architects. All rights reserved. WARNING: This AIAOO Document is protected by U.S. Co yright Law and Intemational Treaties.
Unauthorized reproduction or distribution of this AIA� Documeut, or any partion of it, may result in severe civil and c iminal penalties, and will be prosecuted to the
maximum extent possibte under the taw. This Document was created at 08:46:47 MST on 02/20(2008 under the terms f license number 26001 issued by the
American Institute of Architects, and is not for resale. This document is licensed for one time use only and may not be eproduced prior to
ifs completion.
����� � � ��
f� � � 32 ��a '�°