AGREEMENTIndependent Contractor Agreement |
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Exhibit 10.1
AIA® Document A101™ — 1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the 28th day of June in the year of 2005
(In words indicate day, month and year)
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BETWEEN the
Owner: |
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(Name, address and other information) |
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This document has important legal consequences. Consultation with an attorney is |
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First Community Bank |
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encouraged with respect to its completion or |
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P.O. Box 64 |
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modification. |
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Lexington, SC 290271 |
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AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. |
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Summerfield Associates, Inc. |
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This document has been approved and endorsed |
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P.O. Box 5815 |
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by The Associated General Contractors of |
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West Columbia, SC 29171 |
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America. |
The Project is:
(Name and location)
First Community Bank
Administration Center
5455 Sunset Blvd.
Lexington, SC 29072
The Architect is:
(Name, address and other information)
JHS Architecture: Integrated Design
1812 Lincoln Street, Suite 300
Columbia, SC 29201
The Owner and Contractor agree as follows.
AIA Document A101™-1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967,
1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All
rights reserved. WARNING: This AIA® Document is protected by U.S.
Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AIA® Document, or any portion of it, may result in
severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. Purchasers are permitted to reproduce ten
(10) copies of this document when completed. To report copyright
violations of AIA Contract Documents, e-mail The American Institute of
Architects’ legal counsel copyright@aia.org.
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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 attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of
the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed
issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)
July 11, 2005 or upon receipt of building permit (whichever is later)
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic’s liens and other security interests, the Owner’s time requirement shall be as follows:
§ 3.2 The Contract Time shall
be measured from the date of commencement.
§ 3.3 The Contractor shall
achieve Substantial Completion of the entire Work not later
than days from the date of
commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work)
303 Calendar Days
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.)
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in
current funds for the Contractor’s performance of the Contract. The
Contract Sum shall be Three million Three hundred ninety four thousand two
hundred twenty two dollars ($3,394,222.00), subject to additions and deductions
as provided in the Contract Documents.
§ 4.2 The Contract Sum is based
upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by
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the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing time amount for each and the date when that amount expires)
Copy of Summerfield Associates, Inc. quote dated June 27, 2005.
§ 4.3 Unit prices, if any, are
as follows:
None
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 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.
§ 5.1.2 The period covered by
each Application for Payment shall be one calendar month ending on the last day
of the month, or as follows:
§ 5.1.3 Provided that an
Application for Payment is received by the Architect not later than
the 25th day of a month, the Owner shall make payment to the Contractor
not later than the 15th 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.
§ 5.1.4 Each Application for
Payment shall be based on the most recent schedule of values submitted by
the Contractor in accordance with the Contract Documents. The schedule of
values shall allocate the entire Contract Sum among the various portions of the
Work. 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.
§ 5.1.5 Applications for
Payment shall indicate the percentage of completion o each portion of the Work
as of the end of the period covered by the Application for Payment.
§ 5.1.6 Subject to other
provisions of the Contract Documents, the amount of each progress payment shall
be computed as follows:
.1
Take that portion of the Contract Sum
properly allocable to completed Work as determined by multiplying the
percentage completion of each portion of the Work by the share of the
Contract Sum allocated to that
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portion of the Work in the schedule of values, less retainage of ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997;
.2
Add that portion of the Contract
Sum properly allocable to materials and equipment delivered and suitably stored
at the site for subsequent incorporation in the completed construction
(or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage of percent (10%);
.3
Subtract the aggregate of previous
payments made by the Owner; and
.4
Subtract amounts, if any, for which the
Architect has withheld or nullified a Certificate for Payment as provided in
Section 9.5 of AIA Document A201-1997.
§ 5.1.7 The progress payment
amount determined in accordance with Section 5.1.6 shall be further
modified under the following circumstances:
.1
Add, upon Substantial Completion of the
Work, a sum sufficient to increase the total payments to the full amount of the
Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.)






