Farotte Construction Company
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STlPULA TED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 1976 Edition of AlA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the
Hundred and
12th
Eighty Six
day of
May
in the year of Nineteen
BETWEEN the Owner:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
and the Contractor:
Farotte Construction Co., Inc.
80 Casey Street
Gilroy, CA 95020
The Project:
Additions & Alterations to the Police Facility for the
City of Gilroy
The Architect:
CSS ASSOCIATES ARCHITECTS
940 East Meadow Drive
Palo Alto, CA 94303
The Owner and the Contractor agree as set forth below.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, @ 1977 by the American Institute of Architects, 1735 New
York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions
without permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT . ELEVENTH EDITION . JUNE 1977 . AIA@
@1977 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
A101-1977 1
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe-
cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Here insert the c~ption descriptive of the Work as used on other Contract Documents.)
Demolition, new Police Department building, site development and alterations
to existing Police Department building as shown on the Contract Drawings.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced within 10 days of this agreement.
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than
(Here insert any special provisions for liquidated damages relating to failure to complere on time.)
ten (10) calendar months thereafter for Phase I and subsequently four (4)
calendar months after completion of Phase I work for the Substantial
Completion of the Work described in Phase II.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT . ELEVENTH EDITION . JUNE 1977 . AIAiIJ>
@1977 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
A101-1977 2
.*
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of
The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.)
Basic Bid - Phase I
Add Alternate Bid Phase II
$1,464,486.00
198,313.00
$1,662,799.00
ARTICLE 5
PROGRESS PAYMENTS
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 pro-
vided in the Contract Documents for the period ending the 25th day of the month as follows:
Not later than 15 days following the end of the period covered by the Application for Payment
Ninety percent ( 90 %) of the portion of. the Contract Sum properly allocable to labor, materials and
equipment incorporated in the Work and Nlnety percent ( 90 %) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon
in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the
Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to
Ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
(If not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain
stage of completion.)
In accordance with Addendum #2, 35 days after the substantial completion of Phase
I the 10% retention for that portion of the work shall be released.
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate of interest agreed upon.)
Seven Percent (7%)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's
and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should
be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.)
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT . ELEVENTH EDITION . JUNE 1977 . AIAiIJ>
@1977 . THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
A101-1977 3
,.
,.'
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect.
ARTICLE 7
MISCEllANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(List below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda
and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.)
Agreement
General Conditions
Supplemental Conditions
Specifications
Architectural Drawings A-I through A-16
Structural Drawings S-l through S-6
Landscape Drawings L-1 and L-2
Plumbing Drawings P-1 through P-4
Mechanical Drawings M-l through M-4
Electrical Drawings E-1 through E-7
Addendum III
Addendum /12
This Agreement entered into as of the day and year first written above.
. --
CONTRACTOR ~
Farotte ~2-., Inc.
80 Casey Street
Gilroy, CA 95020
Gilroy, CA 95020
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT . ELEVENTH EDITION . JUNE 1977 . AIA@
@1977 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
A101-1977 4