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Gibbs Station 1-CN 921029THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document Standard Form of Agreement Between Owner and Contractor where the basis o! payment is a STIPULATED SUM 1977 EDITION THIS DOCUME,%'T HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN' ATTO~,",'EY I$ ENCOURAGED WI?H RESPECT TO ITS CO~tPLETION OR MODIFICATION Use only w.ilh the 1976 Edition ol 'AIA Document A201, Genera/ Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General C°ntractors of America. AGREEMENT made as of the 29th Hundred and Ninety-Two. BETWEEN the O'wner: day of October in the year of Nineteen Gibbs Station, Limited, % Heath & Knight 16660 Dallas Parkway, Suite 1400 Dallas, Texas 75248 (214) 248-9190 and the Contractor: Civitas Develo~nent Group, 3023 Routh Street Dallas, Texas 75201 (214) Incorporated 720-6090 The Project: The ~ (refered to herein as "the Architect" ) Gibbs Station Village Parkway @ McArthur Coppell, Texas Dan M. Dowdy & Associates 16250 Dallas Parkway Dallas, Texas 75248 (214) The Owner and the Contractor agree as set forth below. 931-0694 Cop)'r~gh! 1915, 19~.8, 1925, 1937, 19Sl, 1958, 1~1, 19~3, 1967, 1974, ¢ 1977 by the American Institute of Arc~ilec~, 1735 New York A~enue, N.W., %~'ashinglon, D. C. 2~. Rep,oduclion of Ihe material herein or substanllal quotl:ion of i~ provisions without permission of the AIA violates the cop~.rigN/ la~ of the Uniled S:ates and will be subject lo legal prosecution. AIA DOCL:~.~£NT A101 ,, O%'vNER-CO",;TRACTOR AGR[E¥iENT · ELEVENTH EDITION · ,IUNE 19/'7 ·^lAe · 1977 · THE A¥,[RtCA. N INSTITUTE OF ARCHITECTS, 1735 N[%V YORK AVE., N.tA'., %%'ASHINGTON, O.C. 20006 A101-1977 I ARTICLE 1 THE CONTRACT DOC!UMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued p~ior 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 apEears in Article 7. ARTICLE 2 THE WORK .The Contractor shall perform all the Work required by the Contract Documents for i~len-ent;at-Jon/insta-llat±on {He,e inset! Ihe cant;on desc~iplive of lhe 'd,'o,lr as used on other Con/fuel DocumenUJ of erosion control devices/preactices. as directed by the owner and architect. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced in~ed~tely. and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here inset! an) special pro~hions tot liqu;d~ced d~.mases AIA DOCL)~,ENT A'tO1 · OwNER-CONTRACTOR ^GREE~/~E.~T ' ELEVE.~TH EDITION · JUNE 1977 · AIAe ¢19T7 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.VV., WASHINGION, D.C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The O~,ner shall pa), the Contractor in current funds for the performance of the Work, subject tO additions and deduclions by Change Order as provided in the Contract Documents, the Contract Sum of appro×irt~te'ly $14,700.00. The Contract Sum is determined as follows: 1. Placement of rectangle haybales at a rate of $1.48 per linear foot actually installed (estimate quantity =9185 1.f. or $13,593.00). 2. Seeding of rye grass on "stabilization areas" at a rate of $225 per acre actually seeded (estimate quantity .4 acres = $90.00). 3. ~e__pleacemnt of bales previously placed at a rate of $1.25 per linear foot. ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the ej~ll~by the Contractor ~~"T.'T..'7 .... ~j~[~[~~ the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the fifteenth (15th) day of the month as follows: Not later than thi.t-tv ( 30 % days following the end of the period covered.by the Application ~or. Payment, a' %) of the Contract Sum, less such amounts as the Architect shall determine for all (11 not come,ed elsewhere in lac Con~raC! Document, here inset! any provhlon lot limi~in~ or reduc/n~ the ·moan! re.'-~ned aher I~e Wor~ ,taches · cerb~in sraje of cornpie[ion.) Payments due and unpaid under the Contract Documents shall bear interest from the date pa);ment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here ?serf ·~). rate of intere$! agreed upon.) (L~ury !a~s and ~ec~o;,ernent~ unde~ Lhe lrederal Truth in lend;ag Act. s;mila, .*:ale and Iotat. consume, clod;! taws and other ,egu~at;ons at the a'.d Con:ra:to~'s p~[qc~pa~ p:a:e~ o! busine~.*. '~e location of ~he Project and er.~e,'he,e ma). a~ect the validin, ol this provision. Sr~ecif, c legal ad, ice should be o~:a~ec' v. i:h ,e.tpect to de.~e:;on, mod;~ca:ion· or o'.her requi~emenL~ SacF, a~ wH;ten d,~do.~u,es oe DOCUMENT A101 · OVVNER-CONTKACTOR AGR[[M, ENT · EL[VI:NTH EDITION · JUNE 1977 - AIAe ~"1977 · THE A~ERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVE., N.~'., 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 compleled, the Contract fully performed, ~~a~4~l~l~l~ ARTICLE 7 MISCELLANEOUS PROVISION'S 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract sh,dl have the meanings. designated in those Conditions. uments which constitute the entire agreement between the Owner and the Contractor, are listed 7.2 The Contract Doc , . ........ .' oL:. a ..... ant r numerated as follows: in Article I ~nd, except for Modifications ~ssuea a~ter execut~on u, ,,,,~ ~b ........... a e e ~ nl lhe Con~:ions of ~he Co~lract (~ener~l, ~u~emen:~r~', ~nd o~fier Cond~:;ons), lfle D~in~s, ~fle ~pecff~ca~ons, and any Addenda (List bero~- the A~ee., · . , . ~_., :, .ss ,.~.~ a~ da~es where ap~lic~ble.J and accepted al~e~nates, sho~in~ ~a~e or sheet numu~,a -* . ...... d Plans by Engineer for Gibbs Station Job No. "Erosion Control Map" This Agreement entered into as of the day and year first written above. CONTRACTOR ~, Gibbs Station, Limited , Pres~d~n~ C~vitas Develo~nent Group Inco _rp~rat~L 10/29/92 75-2116778 Fed. Tax I.D. AIA DOC~M£N~ A1Ol e O~,N[R~ONTRACTOR AGR[E~[NT · [LE~N~H E,DITIOq'~I · JUNE 19~ e AIAI ~1977 · 'THE A~.',ER. ICAN INSTITUTI: OF ARCHITECTS, '173.5 NEW YORK A'%~ N.W.., WASHINGTON, O. C. 20006 A11rl-1977 4