Preview | Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum

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Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum

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Title:

Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum

Entities:

Devlin Design; Just-Mark Construction, Inc.; Mountaineer Park, Inc.; MTR Gaming Group Inc.

Date:

2001

Size:

Preview shows 4KB of 20KB total

Price:

$42

ID:

#121119

► Real Estate ► AIA Forms ► A101 (1997 Edition)
► Miscellany

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AIA Document A101-1997

Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM

AGREEMENT made as of the 12^th day of June in the year of 2001

BETWEEN the Owner:

Mountaineer Park, Inc.
P.O. Box 358
Chester, WV 26034

and the Contractor

Just-Mark Construction, Inc.
P.O. Box 14054
Pittsburgh, PA 15239

The Project is:

Mountaineer Gaming and Race Track Resort: Hotel Construction

The Architect is:

Devlin Design
681 Washington Road
Suite 220
Pittsburgh, PA 15228

The Owner and Contractor agree as follows.

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 the Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. Scope of Work for Hotel Construction: The Scope of Work as more fully set forth in the Contract Documents shall be deemed to include but not be limited to: foundation preparation and completion utilizing previously installed augercast piles; steel erection and construction of a five (5) story hotel with porte-a-cochere, partial mezzanine in the Grand Lobby and consisting of approximately 218,000 square feet on a footprint of 37,790 square feet per floor and containing 261 hotel rooms together with all required fire and life safety systems, indoor pool, outdoor courtyard, upscale steakhouse restaurant with kitchen, retail space (including ice cream shop, video arcade, and retail area) and administrative areas; finished package, installation of all room finishes, window treatments, furniture, fixtures and equipment for the Hotel through the issuance of final Certificate of Occupancy for the Hotel, public areas and guest rooms.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.

Commencement Date June 12, 2001.

If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics liens and other security interests, the Owners time requirement shall be as follows:

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