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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
2018-802 Spr|ñgvi|le-GI P-TECH Project
TRANSMITTAL #00014
Trans-00014 CREATED ON: 5/3/2019
Issued By: Anne-Marie Beauchamp Issued To: Joe Laschinger
Campus Construction Management Concept Construction Corp.
1241 Pittsford-Victor Road 2555 Transit Road
Pittsford, NY 14534 Elma, NY 14059
(716)675-9171
(716)675-9171 x413
Pagedbg: SGI - P-TECH - C103 -Concept Const. Contracct Status: Sent
Issue
(CIC):
WE ARE SENDING
O Attached O Drawings OSpecifications O Timeline O Copy of Letter
ITEMS
# copies Description
These are tenemmed as checked bekrw
O For review and cGiiimant O For approval O As requested O For your use
Remarks:
Joe-
A*•ched please find your fully executed Contract for C103 for the P-TECH Project, along with your sppr:-::d !=mess & Bonds.
Please let me know If you have any questions.
Thank you-
Anne-Marie
ATTACHMENTS
Attachment Name Date Uploaded
E-MAIL RECIPIENTS
Company Person Phone Email
Status History: Draft 05/03/2019 10:04 AM, Sent: 05/03/2019 10:05 AM
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
A132™
SAIE Document - 2009
Standard Form of Agreement Between Owner and Contractor,Construction Manager
as Adviser Edition
AGREEMENT made as of the 9 day of April in the year 2019
indicate ADDITIONS AND DELETIONS:
(In words, day, month and year.)
The author of this document has
BETWEEN the Owner: added information needed for its
legal status, address and other information) completion. The author may also
(Name,
have revised the text of the original
Springville-Griffith Institute Central School District AIA standard form. An Additions and
267 Newman Street Deletions Report that notes added
New York 14141 information as well as revisions to the
Springville,
Tel:716-592-3200 standard form text is available from
the author and should be reviewed. A
vertical line in the left margin of this
document indicates where the author
and the Contractor: has added necessary information
legal status, address and other mformation) and where the author has added to or
(Name,
deleted from the original AIA text.
Concept Construction Corporation
This document has important legal
2555 Transit Road
consequences. Consultation with an
Elma, New York 14059
attorney is encouraged with respect
Tel: 716-675-9171 to its completion or modification.
This document is intended to be used
for the portion of the following Project identified as the Contractor's Work in Article 2 of in conjundian with AIA DGcurñads
this Agreement: A2325-2009, General Conditions of
(Name, location and detailed the Contract for Construction,
description)
Construction Manager as Adviser
Springville-Griffith Institute Central School District Edition; B132™-2009, Standard
Form of Agreement Between Owner
- PTECH and Architect, Construction Manager
Capital Project Academy
as Adviser Edition; and
Additions & Alterations Work: C132™-2009. Standard Form of
Agreement Between Owner and
SED No. 14-11-01-06-0-006-001 - Springville P Tech Academy Construction Manager as Adviser.
^AIA Document A2325-2009 is
adopted in this document by
The Construction Manager: reference. Do not use with other
(Name, legal status, address and other information) generat conditions unless this
document is modified.
Campus Construction Management Group Inc.
6225 Sheridan Drive, Suite 100
Williamsville, New York 14221
Tel: 716-239-4884
The Architect:
(Name, legal status, address and other information)
Gordon W. Jones Associates, Architects, P.C.
5757 Main Street
Williamsville, NY 14221
Tel: 716-633-9000
AIA Dement A132™ - 2009 (formerly A101™CMa -1992). Copyright© 1975, 1980. 1992 and 2009 by The American Instituteof Architects.AII rights
reserved. WARNING: This AIA* Document In protected by U.S. Copyright Law and International Treatles. Unaü:her|ze,d repmdecNT or:::::-:t;;;:'= of
thla AIA' Document, or any portion of It, may result in severe civil and criminal penalties, arid wIll be prosecuted to the maximum extent poSSIbleunder
the law. This documentwas produced by AIA software at 09:04:24 ET on 04/09/2019 under Order No,5241273081which expires on 12/31/2019,and is not for
resale.
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
The Owner and Contractor agree as follows.
TABLE OF ARTICLES
1 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
B MISCELLANEOUS PROVlSIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents (1) this Agreement between the Owner and Contractor
comprise ("Agreement"), (2)
Advertisement Instructions
for Bids,
(3) to Bidders, (4) the General Conditions (AIA Document A232-2009, as
amended), (5) Supplcmcatary or other Conditions, if any, (6) Drawings, (7) Specifications, (8) the Contractor's bid,
(9) Addenda issued prior to receipt of bids, including any bidding requirements in such Addenda, (10) Modifications
issued after execution of the Agreement, (1 l) the Contractor's Performance and Payment Bonds, (12) sample forms,
(13) other information furnished by the Owner in anticipation of receiving bids, and (14) other documents listed in the
Agreement, if any, all of which form the Contract, and are as fully a part of the Contract as if attached to this
Agreement or repeated herein. A Modification is (1) a written amendment to the Contract Documents signed by both
parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work
issued by the Architect. 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 9. Unless specifically enumerated in the Agreement, the
Contract Documents do not include other documents.
ARTICLE 2 THE WORK OF THIS CONTRACT
§ 2 1 The Contractor shall fully execute the Work described in the Contract Documents or reasonably inferable by the
Contractor as necessary to pmduce the results intended by the Contract Documents, as described in Specification
Section 011000 for the Work under Contract # 103 General Trades Work for - Springville-Griffith Institute Central
School District, 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 is 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, ifapplicable, state that the date will
be f ìxed in a notice to proceed.)
(Paragraphs deleted)
Date to be fixed in a Notice to Proceed issued by the Owner.
AIA Decreet A132™ - 2009 (formerly A101™CMa - 1992). Copyright© 1975, 1980, 1992and 2009 by The American Instituteof Architects.All rights
reserved. =f.^RN!NG: Thla AIA' Document is protected by U.S. Copyright Law and Iritemational Treaties. L½the±ed rep-act!ee or distribution of
tMs AIAS Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the ==:hvi extent possible under
the law. This documentwas produced by AIA softwareat 09:04:24ET on 04/09/2019 under Order No.5241273081which expires on 12/31/2019,arid is not for
resale.
User Notes: (1448364922)
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
§ 3.2 The Contract Time shall be measured fmm the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work Pursuant to Section 010150 of the
project manual.
(insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work.)
Portion of the Work E±t=2d Completion Date
Refer to Section 010150 7/21/2020
(Paragraphs deleted)
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
(Paragraphs deleted)
a Stipulated Sum, in accordance with Section 4.2
(Paragraphs deleted)
below.
§ 4.2 Stipulated Sum
§ 4.2.1 The Stipulated Sum shall be Six Million Five Hundred Seventy-seven Thousand and 00/100 Dollars
($6,577,000.00), subject to additions and deletions as provided in the Contract Documents.
§ 4.2.2 The Stipulated Sum is based upon the Base Bid and the following altemates, 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 the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amount for each and the date when that amount expires.)
Alternate 103-01: $12,800
Alternate 103-02: $1,600
Alternate 103-03: $122,000
Alternate 103-04: $19,800
Alternate 103-05: $51,500
Altemate 103-06: $30,300
Altemate 103-07: $36,500
Alternate 103-08: ($40,500)
Alternate 103-10: $42,000
Altemate 103-11: $53,000
§ 4.2.3 Unit prices, if any:
(1dentify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)
Details for items listed below per Bid Forms 004113 signed and dated March 4, 2019:
AIA Document A132™ - 2009 (formerly A101™CMa - 1992). Copyright© 1975, 1980, 1992 and 2009 by The Americari Instituteof Architects.AII rights
reserved. WARNING: This AIA* Document In protected by U.S. Copyright Law and Intemational Treattes. Unauthorized reproduction or distributIon of
3
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. This documentwas produced by A1Asoftware at 09:04:24 ET on 04/09/2019under Order No.5241273081which expireson 12/31/2019,and is not for
resale.
User Notes: (1448364922)
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NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
Item No. Description Additional Work
1. Earth Excavation $ 24.50 per cu. yd.
2. Backfill - Select $ 50.00 per cu. yd.
3. Backfill - Earth $ 30.00 per cu. yd.
4. Rock Excavation $ 350.00 per cu. yd.
5. Removal of unsuitable material off-site $ 32.00 per cu. yd.
(Table deleted)
6. Removal of contaminated soil off-site $1,000.00 per cu. yd.
7. Concrete Pavement $ l5.40 per sf.
8. Asphalt Paving (including sub-base Binder,
Topping per Heavy Duty Detail) $ 5.50 per sq. ft.
6"
9. Excavation and installation of under
Drainage per detail $ 25.00 per lin. Ft.
10. Sod, Furnished & installed $ 1.25 per sf.
§ 4.2.4 Allowances included in the Stipulated Sum, if any:
(ldentify allowance and state exclusions, if any, from the allowance price.)
(Table deleted)
Allowance #103-01. $15,000
The General Trades Work Contractor shall allow Fifteen Thousand Dollars ($15,000) for unforeseen site conditions at the
P-TECH Academy
(Paragraphs deleted)
(Table deleted)
(Paragraphs deleted)
(Table deleted)
(Paragraphs deleted)
(Table deleted)
(Paragraphs deleted)
ARTICLE 5 PAYMENTS
§ 5.1 Progress Payments
§ 5.1.1 Based upon Applications and Certificates for Payment submitted to the Construction Manager by the
Contractor, and upon certification of the Project Application and Project Certificate for Payment or Contractor's
Applications and Certificates for Payment by the Construction Manager and Architect and issuance by the Architect,
the Owner shall make progress payments on account of the Contract Surn 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.
§ 5.1.3 Applications for Payment must be submitted to the Construction Manager not later than the 25th day of a
month, covering the time period ending on the last day of that month. The Owner shall make payment of the certified
AIA Dee-ment A132™ - 2009 (formerly A101™CMa - 1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects.AII rights
reserved. WARNING: This AIAS Document la protected by U.S. Copyright Law and !:±=d==! Treaties. Unauthorized repmdeds or d|ãts|kha of
this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and wIII be prosecuted to the ==!== extent possible under
the law. This documentwas produced by AIA softwareat 09:04:24ET on 04/09/2019 under Order No.5241273081which expires on 12/31/2010,and is not for
resale.
User Notes: (1448364922)
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
amount in the Application for Payment to the Contractor not later than the 30th day of the following month. If an
Application for Payment is received by the Construction Manager after the 25th day of a month, payment shall be
made by the Owner not later than forty-five (45) days after the Construction Manager receives the Application for
Payment. Additional procedures for Applications for Payment are set forth in Article 9 of the General Conditions.
§ 5.1.4 Progress Payments
§ 5.1.4.1 Each Application for Payment must be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values must allocate the entire Contract Sum
among the various portions of the Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, will be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.4.2 Applications for Payment must show the percentage or other measure of completion of each portion of the
Work as of the end of the period covered by the Application for Payment.
§ 5.1.4.3 Subject to the 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 given a fixed value by the share of
the total Contract Sum allocated to that portion of the Work in the schedule of values, together with, if
applicable, the portion of completed Work attributable to completed unit price items, time and material
items, or other bases for compensation, all less retainage of Five Percent (5%). Pending final
determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as
provided in Section 7.3.9 of the General
Conditions;
.2 Add that portion of the ContractSum 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
Five Percent (5%);
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheid or nullified a
Certificate for Payment as provided in Section 9.5 of the General Conditions.
§ 5.1.4.4 The progress payment amount determined in accordance with Section 5.I.4.3 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 One
Hundred Percent (100%) of the Contract Sum, less such amounts as the Construction Manager
recommends and the Architect determines for incomplete Work and unsettled claims as determined
under Section 9.8.5.1 of the General Conditions; and
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor,
any additional amounts payable in accordance with Section 9.10.3 of the General Conditions.
§ 5.1.4.5
(Paragraphs deleted)
There will be no reduction of retainage prior to Substantial Completion.
(Paragraphs deleted)
§ 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 provided in Section 12.2 of the General Conditions, and to satisfy other requirements, if any,
which extend beyond final payment; and
AIA Document A132™ - 2009 (formerly A101™CMa -1992). Copyright© 197s, 1980, 1992 and 2009 by The American instituteof Architects. All rights
reserved. WARNING: This AIA' Document is protected by U.s. Copyright Law and international Treatles. Unauthorized rep-±ct!en or d:cetat:cr. of
5
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. This documentwas produced by AIA software at 09:04:24 ET on 04/09/2019under Order No.5241273081which expireson 12/31/2019,and is not for
resale.
User Notes: (1448364922)
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
.2 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such
final payment shall be made by the Owner not more than 30 days after the issuance of the final
Certificate for Payment or Project Certificate for Payment.
§ 5.2.2 In addition to other required items, including but not limited to those required under Section 9.10 of the General
Conditions, the final Application for Payment must be accompanied by the following, all in form and substance
satisfactory to the Owner and in compliance with applicable law:
.1 permanent certificate(s) of occupancy or use issued by the appropriate governmental authority;
.2 all maintenance and operating manuals;
"as-built"
.3 marked sets of field drawings and specifications reflecting conditions;
.4 reproducible Mylar drawings reflecting the location of any concealed utilities, mechanical and
electrical systems, and their components;
.5 assignmcñts of all guarantees and warranties to the Contractor from Subcontractors, materialmen,
vendors, or manufacturers, together with a list of their names, addresses, telephone numbers, and
cor esponding guarantees and warranties from each; and
.6 all other information and materials required to comply with the requirements of the Contract
Documents or reasonably requested by the Owner, Architect, or Construction Manager.
§ 5.3 Compliance with the New York General Municipal Law
Notwithstanding 5.1 and 5.2 above, all payrnents by the Owner to the Contractor will be made in accordance
Sections
with Section 106-b(1)(a) of the New York General Municipal Law, or any successor statute governing payment by
public owners to contractors on public work projects. The provisions of that section supersede, override, and replace
anything in this Agreement or elsewhere in the Contract Documents that are or appear to be to the contrary, including
but not limited to progress payments, retainage, substantial completion, reduction of retainage, reducing payments as a
result of claims, liens, or judgments not suitably discharged, reducing payments for the value of incomplete work
following substantial completion, and final completion. In addition, Contractor will make payments to its
subcontractors and materialmen in accordance with Section 106-b(2) of the New York General Municipal Law, or any
successor statute governing payment by contractors on public work projects to subcontractors and materialmen, which
likewise supersede, override, and replace anything in this Agreement or elsewhere in the Contract Documents that are
or appear to be to the contrary.
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 Initial Decision Maker
The Architect will serve as Initial Decision Maker pursuant to Section I5.2 of
(Paragraphs deleted)
the General Conditions.
§ 6.2 Binding Dispute Resolution
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of the General Conditions, the
method of binding dispute resolution shall be as follows:
(Paragraphs deleted)
§ 6,3 Litigation in NYS Supreme Court, Erie County.
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
(Paragraphs deleted)
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
AIA Document At32™- 2009 (formerly A101™CMa -1992). CopyrightO 1975, 1980, 1992 and 2009 by The American Instituteof Architects. All rights
Mt' reserved. WARNING: ThIs AIA' Document is protected by U.S. Copyright Law arid t-ª=-"=d Treaties. Unauthorized repm+--*!s or d|atdbut|ca of
this AIA' DOCument,or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum exterit posalble under
the law. This documentwas produced by AIA sonware at 09:04:24 ET on 04/09/2019under Order No,5241273081which expireson 12/31/2010.and is not for
resale.
User Notes: (1448384922)
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
(Paragraphs deleted)
ARTICLE B M!8CELLANEOUS PROV1SIONS
§ 8.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or suppiceemed by other provisions of the Contract
Documents.
§ 8.2 Payments due and unpaid under the Contract will bear interest from the day after the date payment is due in
accordance with Section 106-b(1)(b) of the New York General Municipal Law, or any successor statute governing
interest on payments by school districts to contractors.
(Paragraph deleted)
§ 8.3 The Owner's representative:
(Name, address and other information)
Mrs. Kimberly Moritz, Superintendent
Springville-Griffith Institute Central School District
267 Newman Street
Springville, New York 14221
Tel: 716-592-3200
§ 8.4 The Contractor's representative:
(Name, address and other information)
Mr. Matthew Shevlin, President
Concept Construction Corporation
2555 Transit Road
Elma, NY 14059
Tel: 716-675-9171
§ B.5 Neither the Owner's nor the Contractor's representative may be changed without ten (10) days written notice to
the other party.
§ 8.6 Other provisions:
§ B.6.1 The Contractor represents and warrants to the Owner (in addition to, and not in lieu of, any other
representations and warranties in the Contract Documents or other liability imposed by law with respect to the
Contractor's duties, obligations, and performance under this Agreement), to survive execution and delivery of this
Agreement, any termination of this Agreement, and final completion of the Work, that:
.1 it and its Subcontractors are financially solvent, able to pay all debts as they mature, and possess
sufficient working capital to complete the Work and perform all obligations under this Agreement;
.2 it is able to furnishthe plant, tools, materials, supplies, equipment, and labor required to complete the
Work and perform all obligations under this Agreement;
.3 it is authorized to do business in the State of New York and is properly licensed by all governmental,
public, and quasi-public authorities with jurisdiction over it, the Work, and the Project;
.4 its execution of and performance under this Agreement are within its duly authorized powers;
.5 its duly authorized representative visited the site of the Project, became familiar with the local and
special conditions under which the Work will be perforrned, and correlated the observations during
such visit(s) with the requirements of the Contract Documents; and
.6 it possesses the level of experience and expertise in administering, constructing, managhag, and
superintending projects of the size, complexity, and nature of this Project necessary to perform the
Work with proper care, skill, and diligence.
A1ADee-sment A132™- 2009 (formerly A101™CMa-1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects.AII rights
reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and 1=t=t1=::! Treatles. Unauthorized rep-owhn or d:;:±^.' -.-.of
this AIAs 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. This docurnentwas produced by AIA softwareat 09:04:24 ET on 04/09/2019 under Order No.S241273081which expireson 42/31r2010,and is not for
resale.
User Notes: (1448364922)
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§93 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in
the sections below.
§ 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and
Contractor, Construction Manager as Adviser Edition, as amended.
§9.1.2 The General Conditions are AIA Document A232-2009, General Conditions of the Contract for Construction,
I Construction Manager as Adviser Edition, as amended.
§ 9.1.3 The Supplementary and other Conditions of the Contract, if any, are contained in the Project Manual issued for
bidding and construction.
(Table deleted)
§9.1.4 The
(Paragraphs deleted)
Specifications are in the Project Manual. Attached as Exhibit A is the Table of Contents for the Specifications.:
(Table deleted)
9.1.5 The
(Paragraphs deleted)
Drawings are those provided with the Project Manual. Attached as Exhibit B is the Drawing Index for the Drawings.
(Table deleted)
§9.1.6 The Addenda, if any:
Number Date Pages
Addendum No. AT-1 March 8, 2019 77
11" 17"
Addendum No. AT-2 March 15, 2019 12 Plus X Pages
Addendum No. AT-3 March 22, 2019 23 Plus 2 Full Size Plans
Addendum No. AT-4 March 27, 2019 30
Addendum No. AT-5 March 28, 2019 20 Plus Sketches & 1 Full Size Plan
Addendum No. AT-6 March 29, 2019 4
Portions of Addenda relating to bidding requirements are part of the Contract Documents as provided in Article 1 of
I this Agreement.
§9.1.7 Additional docurnents, if any, forming part of the Contract Documents are:
(Paragraphs deleted)
(List here any additional documents which are intended to formpart of the Contract Documents. AIA
Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid,
Instructionsto Bidders, sample forms and the Contractor's bid are not part of the Contract Documents
unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract
Documents.)
.1 All documents listed in Article 1 of this Agreement
.2 All documents in the Project Manual not included in the list in Article 1 of this Agreement, including,
without limitation, New York State Prevailing Wage Rates
.3 Exhibit A Table of Contents for Specifications
.4 Exhibit B Drawing Index
.5 Exhibit C Bid Form of Proposal
.6 Exhibit D Prelirninary Schedule
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of the General
Conditions.
(Table deleted)
AIA Decement A1325 - 2009 (formerly A101™CMa -1992). Copyright© 1975, 1980, 1992 and 2009 by The Amerk;an Instituteof Architects.AII rights
reserved. WARN!MG:This AIA' Document is protected by U.S. Copyright Law and International Treatles. Unauthorized mp= M!ce or d!W!beSIon 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 urider
the law. This documentwas produced by AIA software at 09:04:24 ET on 04/09/2019under Order No.G241273081which expires on 12131/2019,and is rtot for
resale.
User Notes: (1448364922)
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021
This Agreement i
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 2018-802 Spr|ñgvi|le-GI P-TECH Project TRANSMITTAL #00014 Trans-00014 CREATED ON: 5/3/2019 Issued By: Anne-Marie Beauchamp Issued To: Joe Laschinger Campus Construction Management Concept Construction Corp. 1241 Pittsford-Victor Road 2555 Transit Road Pittsford, NY 14534 Elma, NY 14059 (716)675-9171 (716)675-9171 x413 Pagedbg: SGI - P-TECH - C103 -Concept Const. Contracct Status: Sent Issue (CIC): WE ARE SENDING O Attached O Drawings OSpecifications O Timeline O Copy of Letter ITEMS # copies Description These are tenemmed as checked bekrw O For review and cGiiimant O For approval O As requested O For your use Remarks: Joe- A*•ched please find your fully executed Contract for C103 for the P-TECH Project, along with your sppr:-::d !=mess & Bonds. Please let me know If you have any questions. Thank you- Anne-Marie ATTACHMENTS Attachment Name Date Uploaded E-MAIL RECIPIENTS Company Person Phone Email Status History: Draft 05/03/2019 10:04 AM, Sent: 05/03/2019 10:05 AM MasterLibrary Software Created; 05/03/20l9 Page 1 / 1 FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 A132™ SAIE Document - 2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition AGREEMENT made as of the 9 day of April in the year 2019 indicate ADDITIONS AND DELETIONS: (In words, day, month and year.) The author of this document has BETWEEN the Owner: added information needed for its legal status, address and other information) completion. The author may also (Name, have revised the text of the original Springville-Griffith Institute Central School District AIA standard form. An Additions and 267 Newman Street Deletions Report that notes added New York 14141 information as well as revisions to the Springville, Tel:716-592-3200 standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author and the Contractor: has added necessary information legal status, address and other mformation) and where the author has added to or (Name, deleted from the original AIA text. Concept Construction Corporation This document has important legal 2555 Transit Road consequences. Consultation with an Elma, New York 14059 attorney is encouraged with respect Tel: 716-675-9171 to its completion or modification. This document is intended to be used for the portion of the following Project identified as the Contractor's Work in Article 2 of in conjundian with AIA DGcurñads this Agreement: A2325-2009, General Conditions of (Name, location and detailed the Contract for Construction, description) Construction Manager as Adviser Springville-Griffith Institute Central School District Edition; B132™-2009, Standard Form of Agreement Between Owner - PTECH and Architect, Construction Manager Capital Project Academy as Adviser Edition; and Additions & Alterations Work: C132™-2009. Standard Form of Agreement Between Owner and SED No. 14-11-01-06-0-006-001 - Springville P Tech Academy Construction Manager as Adviser. ^AIA Document A2325-2009 is adopted in this document by The Construction Manager: reference. Do not use with other (Name, legal status, address and other information) generat conditions unless this document is modified. Campus Construction Management Group Inc. 6225 Sheridan Drive, Suite 100 Williamsville, New York 14221 Tel: 716-239-4884 The Architect: (Name, legal status, address and other information) Gordon W. Jones Associates, Architects, P.C. 5757 Main Street Williamsville, NY 14221 Tel: 716-633-9000 AIA Dement A132™ - 2009 (formerly A101™CMa -1992). Copyright© 1975, 1980. 1992 and 2009 by The American Instituteof Architects.AII rights reserved. WARNING: This AIA* Document In protected by U.S. Copyright Law and International Treatles. Unaü:her|ze,d repmdecNT or:::::-:t;;;:'= of thla AIA' Document, or any portion of It, may result in severe civil and criminal penalties, arid wIll be prosecuted to the maximum extent poSSIbleunder the law. This documentwas produced by AIA software at 09:04:24 ET on 04/09/2019 under Order No,5241273081which expires on 12/31/2019,and is not for resale. User Notes: (1448364922) FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 The Owner and Contractor agree as follows. TABLE OF ARTICLES 1 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 B MISCELLANEOUS PROVlSIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents (1) this Agreement between the Owner and Contractor comprise ("Agreement"), (2) Advertisement Instructions for Bids, (3) to Bidders, (4) the General Conditions (AIA Document A232-2009, as amended), (5) Supplcmcatary or other Conditions, if any, (6) Drawings, (7) Specifications, (8) the Contractor's bid, (9) Addenda issued prior to receipt of bids, including any bidding requirements in such Addenda, (10) Modifications issued after execution of the Agreement, (1 l) the Contractor's Performance and Payment Bonds, (12) sample forms, (13) other information furnished by the Owner in anticipation of receiving bids, and (14) other documents listed in the Agreement, if any, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. A Modification is (1) a written amendment to the Contract Documents signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. 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 9. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents. ARTICLE 2 THE WORK OF THIS CONTRACT § 2 1 The Contractor shall fully execute the Work described in the Contract Documents or reasonably inferable by the Contractor as necessary to pmduce the results intended by the Contract Documents, as described in Specification Section 011000 for the Work under Contract # 103 General Trades Work for - Springville-Griffith Institute Central School District, 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 is 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, ifapplicable, state that the date will be f ìxed in a notice to proceed.) (Paragraphs deleted) Date to be fixed in a Notice to Proceed issued by the Owner. AIA Decreet A132™ - 2009 (formerly A101™CMa - 1992). Copyright© 1975, 1980, 1992and 2009 by The American Instituteof Architects.All rights reserved. =f.^RN!NG: Thla AIA' Document is protected by U.S. Copyright Law and Iritemational Treaties. L½the±ed rep-act!ee or distribution of tMs AIAS Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the ==:hvi extent possible under the law. This documentwas produced by AIA softwareat 09:04:24ET on 04/09/2019 under Order No.5241273081which expires on 12/31/2019,arid is not for resale. User Notes: (1448364922) FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 § 3.2 The Contract Time shall be measured fmm the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work Pursuant to Section 010150 of the project manual. (insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Portion of the Work E±t=2d Completion Date Refer to Section 010150 7/21/2020 (Paragraphs deleted) 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 (Paragraphs deleted) a Stipulated Sum, in accordance with Section 4.2 (Paragraphs deleted) below. § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Six Million Five Hundred Seventy-seven Thousand and 00/100 Dollars ($6,577,000.00), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based upon the Base Bid and the following altemates, 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 the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate 103-01: $12,800 Alternate 103-02: $1,600 Alternate 103-03: $122,000 Alternate 103-04: $19,800 Alternate 103-05: $51,500 Altemate 103-06: $30,300 Altemate 103-07: $36,500 Alternate 103-08: ($40,500) Alternate 103-10: $42,000 Altemate 103-11: $53,000 § 4.2.3 Unit prices, if any: (1dentify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Details for items listed below per Bid Forms 004113 signed and dated March 4, 2019: AIA Document A132™ - 2009 (formerly A101™CMa - 1992). Copyright© 1975, 1980, 1992 and 2009 by The Americari Instituteof Architects.AII rights reserved. WARNING: This AIA* Document In protected by U.S. Copyright Law and Intemational Treattes. Unauthorized reproduction or distributIon of 3 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. This documentwas produced by A1Asoftware at 09:04:24 ET on 04/09/2019under Order No.5241273081which expireson 12/31/2019,and is not for resale. User Notes: (1448364922) FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 Item No. Description Additional Work 1. Earth Excavation $ 24.50 per cu. yd. 2. Backfill - Select $ 50.00 per cu. yd. 3. Backfill - Earth $ 30.00 per cu. yd. 4. Rock Excavation $ 350.00 per cu. yd. 5. Removal of unsuitable material off-site $ 32.00 per cu. yd. (Table deleted) 6. Removal of contaminated soil off-site $1,000.00 per cu. yd. 7. Concrete Pavement $ l5.40 per sf. 8. Asphalt Paving (including sub-base Binder, Topping per Heavy Duty Detail) $ 5.50 per sq. ft. 6" 9. Excavation and installation of under Drainage per detail $ 25.00 per lin. Ft. 10. Sod, Furnished & installed $ 1.25 per sf. § 4.2.4 Allowances included in the Stipulated Sum, if any: (ldentify allowance and state exclusions, if any, from the allowance price.) (Table deleted) Allowance #103-01. $15,000 The General Trades Work Contractor shall allow Fifteen Thousand Dollars ($15,000) for unforeseen site conditions at the P-TECH Academy (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications and Certificates for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Contractor's Applications and Certificates for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Surn 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. § 5.1.3 Applications for Payment must be submitted to the Construction Manager not later than the 25th day of a month, covering the time period ending on the last day of that month. The Owner shall make payment of the certified AIA Dee-ment A132™ - 2009 (formerly A101™CMa - 1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects.AII rights reserved. WARNING: This AIAS Document la protected by U.S. Copyright Law and !:±=d==! Treaties. Unauthorized repmdeds or d|ãts|kha of this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and wIII be prosecuted to the ==!== extent possible under the law. This documentwas produced by AIA softwareat 09:04:24ET on 04/09/2019 under Order No.5241273081which expires on 12/31/2010,and is not for resale. User Notes: (1448364922) FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 amount in the Application for Payment to the Contractor not later than the 30th day of the following month. If an Application for Payment is received by the Construction Manager after the 25th day of a month, payment shall be made by the Owner not later than forty-five (45) days after the Construction Manager receives the Application for Payment. Additional procedures for Applications for Payment are set forth in Article 9 of the General Conditions. § 5.1.4 Progress Payments § 5.1.4.1 Each Application for Payment must be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values must allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, will be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment must show the percentage or other measure of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the 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 given a fixed value by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, together with, if applicable, the portion of completed Work attributable to completed unit price items, time and material items, or other bases for compensation, all less retainage of Five Percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the ContractSum 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 Five Percent (5%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheid or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.I.4.3 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 One Hundred Percent (100%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims as determined under Section 9.8.5.1 of the General Conditions; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.1.4.5 (Paragraphs deleted) There will be no reduction of retainage prior to Substantial Completion. (Paragraphs deleted) § 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 provided in Section 12.2 of the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and AIA Document A132™ - 2009 (formerly A101™CMa -1992). Copyright© 197s, 1980, 1992 and 2009 by The American instituteof Architects. All rights reserved. WARNING: This AIA' Document is protected by U.s. Copyright Law and international Treatles. Unauthorized rep-±ct!en or d:cetat:cr. of 5 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. This documentwas produced by AIA software at 09:04:24 ET on 04/09/2019under Order No.5241273081which expireson 12/31/2019,and is not for resale. User Notes: (1448364922) FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 .2 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment. § 5.2.2 In addition to other required items, including but not limited to those required under Section 9.10 of the General Conditions, the final Application for Payment must be accompanied by the following, all in form and substance satisfactory to the Owner and in compliance with applicable law: .1 permanent certificate(s) of occupancy or use issued by the appropriate governmental authority; .2 all maintenance and operating manuals; "as-built" .3 marked sets of field drawings and specifications reflecting conditions; .4 reproducible Mylar drawings reflecting the location of any concealed utilities, mechanical and electrical systems, and their components; .5 assignmcñts of all guarantees and warranties to the Contractor from Subcontractors, materialmen, vendors, or manufacturers, together with a list of their names, addresses, telephone numbers, and cor esponding guarantees and warranties from each; and .6 all other information and materials required to comply with the requirements of the Contract Documents or reasonably requested by the Owner, Architect, or Construction Manager. § 5.3 Compliance with the New York General Municipal Law Notwithstanding 5.1 and 5.2 above, all payrnents by the Owner to the Contractor will be made in accordance Sections with Section 106-b(1)(a) of the New York General Municipal Law, or any successor statute governing payment by public owners to contractors on public work projects. The provisions of that section supersede, override, and replace anything in this Agreement or elsewhere in the Contract Documents that are or appear to be to the contrary, including but not limited to progress payments, retainage, substantial completion, reduction of retainage, reducing payments as a result of claims, liens, or judgments not suitably discharged, reducing payments for the value of incomplete work following substantial completion, and final completion. In addition, Contractor will make payments to its subcontractors and materialmen in accordance with Section 106-b(2) of the New York General Municipal Law, or any successor statute governing payment by contractors on public work projects to subcontractors and materialmen, which likewise supersede, override, and replace anything in this Agreement or elsewhere in the Contract Documents that are or appear to be to the contrary. ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section I5.2 of (Paragraphs deleted) the General Conditions. § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of the General Conditions, the method of binding dispute resolution shall be as follows: (Paragraphs deleted) § 6,3 Litigation in NYS Supreme Court, Erie County. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. (Paragraphs deleted) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA Document At32™- 2009 (formerly A101™CMa -1992). CopyrightO 1975, 1980, 1992 and 2009 by The American Instituteof Architects. All rights Mt' reserved. WARNING: ThIs AIA' Document is protected by U.S. Copyright Law arid t-ª=-"=d Treaties. Unauthorized repm+--*!s or d|atdbut|ca of this AIA' DOCument,or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum exterit posalble under the law. This documentwas produced by AIA sonware at 09:04:24 ET on 04/09/2019under Order No,5241273081which expireson 12/31/2010.and is not for resale. User Notes: (1448384922) FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 (Paragraphs deleted) ARTICLE B M!8CELLANEOUS PROV1SIONS § 8.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or suppiceemed by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract will bear interest from the day after the date payment is due in accordance with Section 106-b(1)(b) of the New York General Municipal Law, or any successor statute governing interest on payments by school districts to contractors. (Paragraph deleted) § 8.3 The Owner's representative: (Name, address and other information) Mrs. Kimberly Moritz, Superintendent Springville-Griffith Institute Central School District 267 Newman Street Springville, New York 14221 Tel: 716-592-3200 § 8.4 The Contractor's representative: (Name, address and other information) Mr. Matthew Shevlin, President Concept Construction Corporation 2555 Transit Road Elma, NY 14059 Tel: 716-675-9171 § B.5 Neither the Owner's nor the Contractor's representative may be changed without ten (10) days written notice to the other party. § 8.6 Other provisions: § B.6.1 The Contractor represents and warrants to the Owner (in addition to, and not in lieu of, any other representations and warranties in the Contract Documents or other liability imposed by law with respect to the Contractor's duties, obligations, and performance under this Agreement), to survive execution and delivery of this Agreement, any termination of this Agreement, and final completion of the Work, that: .1 it and its Subcontractors are financially solvent, able to pay all debts as they mature, and possess sufficient working capital to complete the Work and perform all obligations under this Agreement; .2 it is able to furnishthe plant, tools, materials, supplies, equipment, and labor required to complete the Work and perform all obligations under this Agreement; .3 it is authorized to do business in the State of New York and is properly licensed by all governmental, public, and quasi-public authorities with jurisdiction over it, the Work, and the Project; .4 its execution of and performance under this Agreement are within its duly authorized powers; .5 its duly authorized representative visited the site of the Project, became familiar with the local and special conditions under which the Work will be perforrned, and correlated the observations during such visit(s) with the requirements of the Contract Documents; and .6 it possesses the level of experience and expertise in administering, constructing, managhag, and superintending projects of the size, complexity, and nature of this Project necessary to perform the Work with proper care, skill, and diligence. A1ADee-sment A132™- 2009 (formerly A101™CMa-1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects.AII rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and 1=t=t1=::! Treatles. Unauthorized rep-owhn or d:;:±^.' -.-.of this AIAs 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. This docurnentwas produced by AIA softwareat 09:04:24 ET on 04/09/2019 under Order No.S241273081which expireson 42/31r2010,and is not for resale. User Notes: (1448364922) FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §93 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, as amended. §9.1.2 The General Conditions are AIA Document A232-2009, General Conditions of the Contract for Construction, I Construction Manager as Adviser Edition, as amended. § 9.1.3 The Supplementary and other Conditions of the Contract, if any, are contained in the Project Manual issued for bidding and construction. (Table deleted) §9.1.4 The (Paragraphs deleted) Specifications are in the Project Manual. Attached as Exhibit A is the Table of Contents for the Specifications.: (Table deleted) 9.1.5 The (Paragraphs deleted) Drawings are those provided with the Project Manual. Attached as Exhibit B is the Drawing Index for the Drawings. (Table deleted) §9.1.6 The Addenda, if any: Number Date Pages Addendum No. AT-1 March 8, 2019 77 11" 17" Addendum No. AT-2 March 15, 2019 12 Plus X Pages Addendum No. AT-3 March 22, 2019 23 Plus 2 Full Size Plans Addendum No. AT-4 March 27, 2019 30 Addendum No. AT-5 March 28, 2019 20 Plus Sketches & 1 Full Size Plan Addendum No. AT-6 March 29, 2019 4 Portions of Addenda relating to bidding requirements are part of the Contract Documents as provided in Article 1 of I this Agreement. §9.1.7 Additional docurnents, if any, forming part of the Contract Documents are: (Paragraphs deleted) (List here any additional documents which are intended to formpart of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructionsto Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) .1 All documents listed in Article 1 of this Agreement .2 All documents in the Project Manual not included in the list in Article 1 of this Agreement, including, without limitation, New York State Prevailing Wage Rates .3 Exhibit A Table of Contents for Specifications .4 Exhibit B Drawing Index .5 Exhibit C Bid Form of Proposal .6 Exhibit D Prelirninary Schedule ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of the General Conditions. (Table deleted) AIA Decement A1325 - 2009 (formerly A101™CMa -1992). Copyright© 1975, 1980, 1992 and 2009 by The Amerk;an Instituteof Architects.AII rights reserved. WARN!MG:This AIA' Document is protected by U.S. Copyright Law and International Treatles. Unauthorized mp= M!ce or d!W!beSIon 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 urider the law. This documentwas produced by AIA software at 09:04:24 ET on 04/09/2019under Order No.G241273081which expires on 12131/2019,and is rtot for resale. User Notes: (1448364922) FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/03/2021 This Agreement i