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HomeMy WebLinkAboutContract #: 1634 - From: 08-01-2023 To: 08-23-2024 - Hutter Construction Company - Town Manager AIA Document A101" - 2017 . . �. Standardor of Agreementa wnr and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the nineteenth day of July in the year two thousand twenty-three (In words, indicate day, month and),ear.) BETWEEN the Owner: (Name, legal status, address and other information) This document has important Town of North Andover legal consequences.Consultation 120 Main Street with an attorney North Andover,NIA 01845 is encouraged with respect to its completion or modification. and the Contractor: (Name, legal status, address and other information) The parties should complete A1010-2017,Exhibit A, Huffer Construction Corporation Insurance and Bonds, 810 Turnpike Road contemporaneously with this Agreement.AIA Document New Ipswich.NH 03071 A201@-2017,General Conditions of the Contract for Construction, for the following Project: is adopted in this document by (Name, location and detailed descrit)tion) reference.Do not use with other general conditions unless this North Andover Middle School Addition& Renovations Project document is modified. 495 Main Street North Andover,MA 01845 The Architect: (Name, legal status, address and other information) Mount Vernon Group Architects, Inc. 178 Albion Street, Suite 240 Wakefield,MA 01880 The Owner and Contractor agree as follows. AIA Document A101—2017 Copyright©1915, 1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights Init. reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No 3104238711 which expires on 06/14/2024,is not for t resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations, e-mail docinfo@alacontracts com. User Notes: (1932747826) TABLE OF ARTICLES I THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT INSURANCE AND BONDS ARTICLE I THE CONTRACT DOCUMENTS The Centr his Agreement, Contract'General, Supplementary,and other Gon4kioi+s),E)FaWiflgS-, 9fe 1,1 and—-—A prior pwegoti";­ ------- .­1 eern ent-s-, The Contract Documents consist of this Agreement,Conditions of the Contract(General, Supplementary,and other Conditions),Drawings.SDeCifications.Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which 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 intearated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements. either written or oral.An enumeration of the Contract Documents,o an�aNlo�dification�aears�in Art 4 1.2 This contract is only binding upon,and enforceable against the Town if. 11 the Contract is signed by the Town Manager or her designee.2)and endorsed with approval of Town Counsel as to form.At any time during normal business hours,and as often as the Town may deem it reasonably necessa ,there shall be available in the office of the Contractor for the purpose of audit,examination,and or to make excerpts or transcript all records,contracts,invoices, materials,navrolls,records of Dersonnel,conditions of employment and other data relating to all matters covered by this Avreement. ARTICLE 2 THE WORK OF THIS CONTRACT ARTICLE 3—DATE OF G § 2.1 The Contractor shall fully execute the Work described in the Contract Documents and reasonably inferable therefrom,except as sDecificaflv indicated in the Contract Documents to be the responsibility of others. § 2.2 The Contractor's project team ("Project Team")will consist of a Project Executive,a Project Manager,and a Superintendent. The Proiect Team and their qualifications shall be initially as set forth below and the Contractor shall provide the Owner with written notice of the names and qualifications of the Proiect Manager and Superintendent at least 10 days prior to the Date of Commencement. Proiect Executive:Nells Traffie AIA Document A101—2017.Copyright @ 1915, 1918,1925, 1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights Init. reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 2 American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/14/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1932747826) Project Manager: Joe Haavisto Superintendent: Kuirql�Kar cla § 2.2.1 The Contractor acknowledges fact that each of the members of the Project Team will continue ti perform his or her�seryicesthrou throughout the entirety of the performance of the Afork. No change will be made in the membership of the Project Team without the Owner's prior written approval,which approval shall not be withheld on an arbitrary basis;the Owner may require the replacement of any member of the Project Team for reasonable cause specified in writing,upon notice to the Contractor. 2.2.2 The Contractor will maintain a competent full-time staff(including,without limitation,the Superintendent a Project Manager and an Assistant Superintendent,if necessary at the Project Site to coordinate and provide general direction of the Work and the progress of the Subcontractors on the Project. The Project Manager may,at the election of the Owner,be based at the Site or the Contractor's home office,provided that the Project Manager spends all time necessary for the proper administration of the PrQigLt. § 2.2.3 The Contractor shall be represented by Joe Haavisto and Kurt Kargela,the Owner shall be represented , Phil Palumbo,Jessica Drummond Derek Osterman and Laurie Burzlaff and the Architect shall be rr�resented by Bill Peters and Adolfo Cuevas at all Project meetings as called by the Architect r the Owner.Each such project representative shall have full authoritmake all decisions and to bind the Contractor,the Owner and the Architect resnectivelv,in all matters relatinv-to this Agreement and the Project. The Owner,the Contractor and the Architect shall each have the right to designate an alternate representative upon written notice to the other parties, which alternate representative shall have the same authority as the representative named in this Section 3.2.4. 2§ 2.4 .All labor employed by the Contractor to perform Vl'ork on the Site shall cooperate with all other ss�arate contractors,subcontractors and suppliers perfornling work on the Site,no matter by whom emp> ed, in furtherance of the Owner's interests. ARTICLE 3 DATE OF COMMENCEMENT, SUBSTANTIAL COMPLETION AND FINAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one oj'the following boxes.) ] The date of this Agreement. A date set forth in a notice to proceed issued by the Owner. Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) Not later than ( I calendar days from the date of commencement of the Work. By the folio"ing date: AIA Document A101—2017.Copyright@ 1915,1918,1925, 1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights Init. reserved."The American Institute of Architects,""American Institute of Architects,"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 3 American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/14/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents Terms of Service To report copyright violations, e-mail docinfo@aiacontracts com User Notes: (1932747826) § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date Phase I A -New Addition,Girls& Boys Jul ly 2,2024 Grou Toilet,Canopy Removal Scope (Two Structural Bats) Phase I B—Demo and abate existing August 23,2024 spaces as indicated on the Drawings Construction Phasing Plans,replace all unit s,entilators and controls,roofing. handicap accessible drinking fountain, and install floor finishes. Phase I-Boiler Install& Electrical September 30,2024 Scope(In existing building Phase 2A 1—C-Wing Northeast demo and October 5,2024 reinstall electrical fixtures and steel reinforcing for the existinv concrete roof plank,. Phase 2A2— V1&211 Floor Classrooms October 5,2024 C-Wing,demo and install millwork, casework,finishes,and plumbr_ng Phase 2B—Northwest Portion of Vi&2nd November 1,2024 Floor Classrooms S-NVing demo and install millwork casework finishes and plumbing. Phase 2C—Southeast Portion of-I s'&2nd November 29,2024 Floor Classrooms S-Wing,demo and install millwork casework finishes and plumbing. Phase 3—Auditorium and crawl space, January 3,2025 demo and install theatrical lighting, carpeting,handicap accessible lift,and stage curtain. 3.3.3 Section Deleted 3.3.4 The Contractor shall achieve Final Completion of the entire Work not later than days from the date of Substantial Completion or as follows. ,(Insert number of calenda ated with the dote of Substantial Completion. 1lnless stated elsewhere in the Conb-act Documents insert an} requirements for earlier Final Completion ofcertuin portions o Lthe Work.) The Contractor shall achieve Final Completion of the entire Fork not later than,and fi r Portions of the Work as follows: Portion of Work Final Completion Date Phase 1 A-New Addition,Girls& Boys August 23,2024 Groin Toilet,Canopy Removal Scop�Two Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017,All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are trademarks of The 4 American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/14/2024,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocurnenW Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (1932747826) Structural Bays) Phase 1 B—Demo and abate existing spaces as September 20,2024 indicated on the Drawings Construction Phasing Plans,replace all unit ventilators and controls,roofing,handicap accessible drinking fountain,and install floor finishes. Phase IC-Boiler Install&Electrical Scope October 28,2024 (In existing building) Phase 2A I —C-\Wing Northeast,demo and November 2,2024 reinstall electrical fixtures and steel reinforcing for the existing concrete roof plank. Phase 2A2— V&2"d Floor Classrooms November 2,2024 C-®�"ing demo and install millwork casework,finishes,and plumbing: Phase 2B—Northwest Portion of I sr&2"d N_ oveber 29,2024 Floor Classrooms S-Wing,demo and install millwork,casework finishes andplumbing. Phase 2C—Southeast Portion of P&2nd December 27,2024 Floor Classrooms S-Wing,demo and install millwork,casework,finishes and plumbing. Phase 3—Auditorium and crawl space,demo January 30,2025 and install theatrical li htin carpetingt handicap accessible lift,and stage curtain. Also refer to drawing PHI.01&P1.02 for further clarification on the Phasing of the Work subject to adjustments of this Contract Time as provided in the Contract Documents. (Insertprovisions, ifanv, for liquidated duntu�es relutin to azlure to co» lete on time or Jbr bonus payments fbr early completion ofthe Work. If the Contractor fails to achieve ^.c.Final Completion of the entire Work set forth above by Januap,30,2025, the Owner shall be entitled to retain or recover from the Contractor,as liquidated damages and not as a penalty,the following per diem amounts commenc'•na upon the first calendar day followin tg he expiration of January 30,2 225 and continuing until the actual Date of Final Completion. Such liquidated dame vet s are hereby a reg ed b_y all parties to be a reasonable pre-estimate of damages the Owner will incur as a result of delayed completion of the Work. These liquidated damages are herebyagreed to be actual per diem costs for liquidated dames No her evaluation of actual damages will be considered by either the Owner or the Contractor.Liquidated damages shall be in the amount of One Thousand Dollars(S1,000.00)per calendar day.The Owner r may deduct liquidated damages from any unpaid amounts then or thereafter due the Contractor under this A rg Bement.Any liquidated damages not so deducted shall be payable to the Owner at the demand of the Owner ARTICLE 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 ieighteen million,eis ht hundred fiftnine thousand,eight hundred seventy-one dollars(S18,859 87]},subject to additions and deductions as provided in the Contract Documents. This Contract is expressly subiect to and contin eg nt upon an appropriation of funds. § 4.2 Alternates .2.1 Alternates, if any,included in the Contract Sum: Init. AIA Document A101—2017 Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997,2007 and 2017.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The J American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/14/2024,is not for t resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents',Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1932747826) Item Price Alternate#1: Metal Lockers at Addition $120,307,00 Alternate#2:Theatre Lighting& Stage $288,962.00 Curtain Alternate#3: Wall Paneling Above $87,384.00 Lockers Alternate 94:Exterior Basketball Court $133, 441.00 and As halt Plav Area 4.2.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance,the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price 4.4 Unit prices,if any: (Identify the item and state the unit price and quantity limitations, il'any, to which the unit price will be applicable.) Rem Pr►oe per URR 4 � Item Units and Limitations Price per Unit Total Carried in AMCGeneral Contractor's Bid Unit Price#1:Excavation, More than or less than $160.00 per cubic $80,000.00 stockpiling and removal of fill and 500 cubic yards `s and organic laden soils from the building footprint extending below the foundation, footings,slab-on-grades, and replace with compacted structural fi l l Unit Price#2:Excavation More than or less than $400.00 per cubic $20,000.00 stockpiling,and removal of ledges and 50 cubic yards }and boulders to provide trenches for utility pines,conduits,and structures and replace with compacted structural fill Unit Price#3:Excavation, More than or less than $400.00 per cubic $20,000.00 stockpiling,and removal of ledges and 50 cubic yards "sand boulders measured at 2 cubic ands and larger for building,foundations And footings and replace"ith compacted structural fill 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) See Sections 3.3.3 and 3.3.4 .6 Other: AIA Document A101—2017.Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963, 1967,1974,1977,1987,1991,1997,2007 and 2017.All rights Init. reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/14/2024,is not for 1 resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents,Terms of Service To report copyright violations, e-mail docinfo@aiacontracts corn. User Notes: (1932747826) (Insert provisionsJor bongs or other incentives, if any, that might result in a change to the Contract Sum.) ARTICLE 5 PAYMENTS 5.1 Progress Payments § 5.1.1 .The Contractor agrees that no obligation shall a,v�cwn-res cmrarecticnm be considered to have incurred under this Contract unless and until this Contract has been duly issued and approved. And further,that the oblation incurred shall be limited to the amount set forth in the Contract. § 5.1.2 Based upon Applications for Pati ment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make yrogress Payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.3 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: .1. ment is received by the Architect,as described in Paragraph 9.3.1 of AIA Document A201-2017 modified the Owner shall make payment of the amount certified to the Contractor not later than the last day of the next calendar month.If an Application for Payment is received by the Architect after the application date as described in Section 9.3.1 of AIA Document A201-2017 modified, payment of the amount certified shall be made by the Owner not later than forty-five(45 )dais after the Architect receives the Application for Payment. (Federal state or local knvs may require payment within a certain period o time.L § 5.1.5 Payment shall be based on the most recent schedule of values submitted by the Contractor as described in Section 9.2 of A]A Document A201-2017 modified,as included in 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 supped by such data to substantiate its accuracy as the Architect and Owner may require.This schedule of values,unless obiected to by the Architect and Owner,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5AX :Applications for Payment shall show the ercentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. S S 1 t;4 'r'1,�.•. „t,.fi,..,,.1,., o..t�1,^ll fi.-�t; ,.l.,da• -1Tl,..e«.,.•e:,�.,refit&..,f`,,.,a.•..,.f C,..,. .. ,i�HI l„t@d c, Init. AIA Document A101-2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are trademarks of The 7 American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/14/2024,is not for 1 resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents Terms of Service To report copyright violations, e-mail docinfo@alacontraGts.Com. User Notes: (1932747826) .2 Thal poftion of the Comfaet by4he-Qwn­eF,suitably of profesq-ional judgment,to be f:ea&O*ab4yjUs!ified fi K i Q 7 TI,�., „4',..,,.1,., „t�l,..11 thy...1.�.-a,J..,.®,1 4,.,• 1 Theaggregate effln .. A ft,jeL 6_jr I A I`1.�,....,z�,.,t A7fi 19 2 A11'7• .,«,l 5.1.7 In accordance with AlA Document A201TM-2017 modified General Conditions of the Contract for Construction,and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 5.1.7.1 For-eaeh pfegr-ess payment mad 'al Completion Of the Wofli,ih :The amount of each progress payment shall first include: 1 That portion of the Contract Sum properly allocable to completed Fork; .2 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 a rQ eed upon in writing;and rwfainage .3 That portion of Construction Change Directives that the Architect and Owner detemiines,in the Architect's and Owner's professional judgment,to be reasonably justified. fiS 1 7 4 1 Th®F ll,..a,«..;thms a „t�„I.;,,,.t t,�,•at..;.,.... S .1.7.2 Reduetio or limitation„ffel m-ag, If an , shall tin F,"^,°- The amount of each progress payment shall then be reduced by. .1 The aegrep-ate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for"hich the.Architect and Owner has previously withheld a Certificate for Payment as provided in Article 9 of AlA Document A201-2017, modified; 3 An\ amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application,anv amount for which the Architect and Owner may withhold payment,or nullifti a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017,modified;and .5 Retainage withheld pursuant to Section 5.1.7. Init. AIA Document A101—2017.Copyright O 1915,1918,1925,1937, 1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 09 19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/14/2024,is not for f resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1932747826) .1. etainge .1. .1 For each progress�ayment made prior to Substantial Completion of the\fork,the Owner may withhold the followin amount,as retainn-e,_fromeayment otherwise due: jlnser•t a percentage or amount to be withheld as retaina e ront each A��lication for Paytnent. The amount oj retaina�e made limited by ot�er��in�1mt'.) Five percent L5% The f01101 in items are not subject to retainage: !Insert any items not subject to the 1+ithholdin�ofretainage such as�eneral conditions, insurance, etcL None § 5.1.$.2 Reduction or limitation of retaina e if any,shall be as follows: (I the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire 11'ork, including modi!cations for Substantial Completion o onions o the il'ot k as provided in Section 3.3.2, insert provisions for such modifications. In accordance with applicable Massachusetts law,G.L.c. 30, E 39G and 39K. See also Section 9.8.6 of AlA Document A201-2017 General Conditions as modified and included in the Contract Documents. § 5.1.8.3 Except as set forth in this Section 5.1.7.3.upon Substantial Completion of the Work,the Contractor may, submit an.Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7.Billing and oavment of final retainave at the time of Substantial and Final Completion shall be in accordance with G.L.c. 30. U 39G and 39K and the relevant provisions of the General Conditions,namely . (Insert arw_other conditions for releaser retainage upon Substantial Com rle� tiotL. Section 9.8.6 of AlA Document A201-2017 as modified. § 5.1.10 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment 5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as prw ided in Article 12 of AIA Document A201-2017,modified,and to satisfy other requirements.if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made ff• at��� ssux,= fi in accordance with Section 9. AlA-201-2017 as modified. Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937, 1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 09..19.53 ET on 0712812023 under Order No 3104238711 which expires on 06/14/2024,is not for t resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1932747826) 5.3 Interest . ,1 ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial INTERPRETATION The.Architect will 11.V« the 1n:* 'rye,^ ^Wort provide an initial interpretation of all claims pursuant to Article 15 of AIA Document A201 2017, .modified.. 6.2 BindingDispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201-2017, modified,the method of binding dispute resolution shall be as follows: (Check the uppropriate box.) [ } Arbitration pursuant to Section 15.4 of AIA Document A 0420-P A201-2017,modified [ } Litigation in a court of competent jurisdiction [ Other(Specih)pursuant to Section 15.4 of AIA Document A201-2017,modified If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SU I 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A701 1n17 A201-2017,modified. 7.1.1 A'01 017,41 e..*'--Owner shall paythe Gantr ete a termination fe c fellaas.,. b> > [Intentionally deleted]. 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document.A 204 ,n 1 7 A201-2017, modified. ARTICLE MISCELLANEOUS PROVISIONS .1 Where reference is made in this Agreement to a provision of AIA Document ^ 4 '0"'A201-2017,modified or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. .2 The Owners representative: (Hume, address, email address, and other information) Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977, 1987,1991,1997,2007 and 2017.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 10 American Institute of Architects.This document was produced at 09.19:53 ET on 0712812023 under Order No.3104238711 which expires on 0611412024,is not for t resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumenW Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (1932747826) Phil Palumbo,MCPPO Colliers Praiect Leaders 67 Hunt Street, Suite H 9 Agawam,MA 01001 Phone:413-930-4369 Email:phil.palumbo(d-;colliersen .com § 8.3 The Contractor's representative: (Name, address, entail address, and other information) Joe Haavisto 810 Turnpike Road New Ipswich, 03071 Phone:603-878-2300 Email: ih� aavisto(i�hutterconstruction.com § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. 8.5 Insurance and Bonds .5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document n g r r.. .Bc „a n „1 A201 T"t-2017 modified Genera] Conditions of the Contract far Construction,and elsewhere in the Contract Documents. 8.5.2 The Contractor shall provide bonds as set forth in AIA Document 6t 101 TM 2017> v4+4 n 4201 T"t-2017, Zo'i r �zt 111 tlxE][, modified,General Conditions of the Contract for Construction,A1.A A312 2010 Pakment and Performance Bonds, and elsewhere in the Contract Documents. $.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,modified,may be given in accordance with AIA Document E203T11-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (If other than in accordance with AIA Document E203 2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and host'the s),stem will be required to generate a read receipt for the transmission.) § 8.7 Other provisions: ARTICLE 9 ENUMERATIONF CONTRACT DOCUMENTS 9.1 This Agreement is comprised of the following documents: .1 AIA Document A 101 TM-2017, modified, Standard Form of Agreement Between Owner and Contractor .2 AI ^IA nPac „' n T"' 2�1�7-AtA Document A201 T"'-2017 modified General Conditions of the Contract for Construction below-.. .3 Drawings Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991, 1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 11 American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/14/2024,is not for t resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (1932747826) Number Title Date See Attached Listing_of DraAiM 4--.4 Specifications Section Title Date Pages See Attached Specs Table of Contents :7—.5 Addenda, if any: Number Date Pages See Attached Listing c7f Addenda Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. 4—.6 Other Exhibits: (Check all boxes that apply and include appropriate information idenlifi,ing the exhibit where required.) [ ] AIA Document E204T11-2017, Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents,if any, listed below: Invitation to Bid Instructions to Bidders Form for General Bid Bid Security Form Performance Bond Pa Lment Bond Commonwealth of Massachusetts Prevailiny Wave Rates Certificate of Non-Collusion Conflict of Interest Certification Certificate of Vote Certificate of Compliance with M.G.L. c.15lb Certificate of Non-Debarment State Taxes Certification Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977, 1987,1991,1997,2007 and 2017.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 1 American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No.3104238711 which expires on 06/1412024,is not for 1 resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsr Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1932747826) This Agreement entered into as of the day and year first written above. OWNS _(Signature) CO TRACTOR(Si re) molLsc;a Murphy-Rodrigues, Esq. (Printed named"R,MANAGER title), . . bv,) AIA Document At 01—2017.Copyright Q 1915,1918, 1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 All rights Init. reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 13 American Institute of Architects.This document was produced at 09:19:53 ET on 07/28/2023 under Order No 3104238711 which expires on 06/14/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Document0 Terms of Service To report copyright violations, e-mail docinfo@aia contracts corn. User Notes: (1932747826) Certification Authenticity ! 19 Document D401 TM - 2003 I, , hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneous]),with this certification at 09:19:53 ET on 07,28%2023 under Order No.3104238711 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA]' Document A101TM—2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 09.19.53 ET on 07/28/2023 under 7 Order No.3104238711 which expires on 06/14/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents`Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1932747826)