AIA Agreement - Client Stipulated Sum

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, 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 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 a Modification, appears in Article 9.

ARTICLE 2 - THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as 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 to BluBØX:.

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 ## (XX ) days from the date of commencement, or as follows (subject to adjustments of this Contract Time as provided in the Contract Documents):

Portion of Work                                                                                                                                     Substantial Completion Date

Cable Installation Installation of Devices Commissioning (with BluBØX assistance)

ARTICLE 4 - CONTRACT SUM

4.1 Client shall pay BluBØX: the Contract Sum in current funds for BluBØX:’s performance of the Contract. The Contract Sum shall be AMOUNT IN WORDING ($ XX.XX), 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 Client:

No Alternates

4.3 Unit prices, if any:

No Unit Prices

4.4 Allowances included in the Contract Sum, if any:

No Allowances 

ARTICLE 5 - PAYMENTS

5.1 PROGRESS PAYMENTS

5.1.1 Based upon Applications and Certificates for Payment submitted to Client by BluBØX:, Client shall make progress payments on account of the Contract Sum to BluBØX: as provided below and elsewhere in the Contract Documents.

5.1.2 An Application for Payment shall be delivered on the 30th of each month.

5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by BluBØX: 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 Client may require. This schedule, unless objected to by the Client, shall be used as a basis for reviewing the BluBØX:’s Applications for Payment.

5.1.5 Applications for Payment shall show the percentage of completion of 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 Application for 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 portion of the Work in the Schedule of Values, less retainage of five percent (5%). The cost of Change Orders that are not in dispute shall be included pending final determination of those costs by the Client.

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 Client, suitably stored off-site at a location agreed upon in writing), less retainage of five percent (5%).

3. Subtract the aggregate of previous payments made by Client to BluBØX:; and

4. Subtract amounts, if any, for which Client has withheld or nullified a Certificate for Payment.

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 Client and BluBØX: shall agree is equitable for incomplete Work, retainage applicable to such work and unsettled claims; and

2. Add any additional amounts payable if final completion of the Work is thereafter materially delayed through no fault of the Contractor.

5.1.8 Reduction or limitation of retainage, if any, shall be as follows:

When the project nears substantial completion, the amount of retainage shall be reduced to 3%, and then to 1%, unless Client documents valid grounds to withhold such reductions.

5.1.9 Except with Client’s prior approval, BluBØX: 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 Client to BluBØX: when:

1. BluBØX: has fully performed the Contract except for its responsibility to correct Work as provided in Section 12.2.2 of AlA Document A201-2007 (*), and to satisfy other requirements, if any, which extend beyond final payment; and

2. A final Certificate for Payment has been issued by the Client. (*) Section 12.2.2 of AIA Document A201-2007 is cited for reference. It is not a part of this contract.

5.2.2 The Client’s final payment to BluBØX: shall be made no later than 30 days after the issuance of the Client’s final Certificate for Payment.

ARTICLE 6 - DISPUTE RESOLUTION

6.1 INITIAL DECISION MAKER

Client or BluBØX: may name an Initial Decision Maker not a party to this Agreement pursuant to Section 15.2 of AlA Document A201 – 2007 so long as the person is satisfactory to both parties.

(*) Section 15.2 of AIA Document A201-2007 is cited for reference. It is not a part of this contract.

6.2 BINDING DISPUTE RESOLUTION

If an Initial Decision Maker cannot be appointed, any Claim subject to, but not resolved by, mediation pursuant the method of binding dispute resolution shall be as follows:

1. Arbitration

2. Litigation in a court of competent jurisdiction

ARTICLE 7 - TERMINATION OR SUSPENSION

7.1 The Contract may be terminated by BluBØX: or the Client as provided in Article 14 of AIA Document A20 1- 2007.

7.2 The Work may be suspended by BluBØX: as provided in Article 14 of AIA Document A201- 2007.

(*) Article 14 of AIA Document A201-2007 is cited for reference. It is not a part of this contract.

ARTICLE 8 - MISCELLANEOUS PROVISIONS

8.1 Where reference is made in this Agreement to a provision of AIA Document A201 - 2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

8.2 Payments overdue and unpaid under the Contract more than 45 days shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

Legal Prevailing rate in the State of Massachusetts.

8.3 BluBØX’s representative:

NAME
Address 1
City, State, Zip
Telephone Number: Mobile Number: xxx-xxx-xxxx
Email Address:

8.4 The Client’s representative:

NAME Address 1
City, State, Zip
Telephone Number: Mobile Number: xxx-xxx-xxxx
Email Address:

8.5 Neither BluBØX:'s nor the Client's representative shall be changed without ten days written notice to the other party

ARTICLE 9 - ENUMERATION OF CONTRACT DOCUMENTS

9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

9.1.1 This Agreement is modeled on AIA Document A101- 2007, Standard Form of Agreement between Owner and Contractor.

9.1.2 The General Conditions are AIA Document A201- 2007, General Conditions of the Contract for Construction serve as reference to the Agreement, but are not part of the Agreement.

9.1.3 The Supplementary and other Conditions of the Contract:

Submittals Folder: Dropbox - Path……………………………………………
All the Documents therein dated on or before the effective date of this Agreement.

9.1.4 The Specifications:

BluBØX: Installation Partner Statement of Work in its entirety.
BluBØX: General Contractor SOW and House Electrician SOW – as supporting documents.

9.1.5 The Drawings:

All the Drawings in the shared Dropbox Folder named “Submittals“ – that are dated on or before the effective date of this Agreement.

9.1.6 The Addenda, if any:

None

9.1.7 Additional documents, if any, forming part of the Contract Documents:

AIA Document A201- 2007 – for reference only

ARTICLE 10 - INSURANCE AND BONDS

BluBØX: shall NOT purchase and maintain insurance and or provide bonds as set forth in Article II of AIA Document A201-2007.

No bonding is required on this project Limit of liability or bond amount: ($0.00)

(*) Article 11 of AIA Document A201-2007 is cited for reference. It is not a part of this contract.