Agreement for Guaranteed Maximum Price Construction Services最高额担保建筑服务合同docx.docx

1、Agreement for Guaranteed Maximum Price Construction Services最高额担保建筑服务合同docxAgreement for Guaranteed Maximum Price Construction Services最高额担保建筑服务合同AGREEMENTFORGUARANTEED MAXIMUM PRICECONSTRUCTION SERVICESBETWEENAAA, LLC(Owner)ANDBBB, INC.(Contractor)FORLE RVETABLE OF CONTENTSARTICLE I. DEFINITIONS1.1

2、 Architect.1.2 Change, Change Order, Change Proposal and Construction Change Directive.1.3 Claim1.4 Contract1.5 Contract Documents1.6 Contract Time1.7 Cost of the Work1.8 Drawings1.9 Final Completion1.10 Guaranteed Date of Substantial Completion1.11 Guaranteed Maximum Price1.12 Major Permits.1.13 Mo

3、dification1.14 Owners Lenders1.15 Principal Interior Designer.1.16 Specifications.1.17 Subcontractor.1.18 Substantial Completion1.19 Substitution1.20 Vendor.1.21 WorkARTICLE II. INTENT, INTERPRETATION AND CORRELATION2.1 Intent of the Contract Documents2.2 Order of Precedence.2.3 Contractors Complian

4、ce with Contract Documents.ARTICLE III. GUARANTEED MAXIMUM PRICE3.1 Guaranteed Maximum Price3.2 Cost of the Work3.3 Non-Allowable Cost of the Work3.4 Contractors Responsibility For Taxes.3.5 Discounts, Rebates and Refunds.3.6 No Duplication.ARTICLE IV. CONTRACT TIME AND INTERIM MILESTONE DATES4.1 De

5、finitions.4.2 Time of the Essence.4.3 Completion Guarantees4.4 Liquidated Damages.4.5 Early Completion.4.6 Guaranty of Completion and Performance, and Financial InformationARTICLE V. PAYMENTS TO CONTRACTOR5.1 Schedule of Values5.2 Applications For Progress Payments.5.3 Time of Payments5.4 Owners Rig

6、ht To Withhold5.5 Joint Payee Checks.5.6 Retention5.7 Substantial Completion Payment5.8 Final Payment5.9 Disputed Payments.5.10 Ownership of Materials.5.11 Deposits and Payments.5.12 Waiver.5.13 Materials Off-Site.ARTICLE VI. OWNERS RESPONSIBILITIES6.1 Information and Services6.2 Limitations6.3 Proj

7、ect Representative6.4 Approval of Major Purchases6.5 Site Access6.6 Payments6.7 Proof of Funding6.8 Good Faith6.9 Timely Delivery of Drawings.ARTICLE VII. CONTRACTORS RESPONSIBILITIES7.1 Contractors Specific Representations7.2 General Description7.3 Preconstruction Services7.4 Systems and Procedures

8、7.5 Schedule Meetings and Records7.6 Contractors Operations7.7 Site Discipline7.8 Site Security7.9 Coordination With Others7.10 Product and Design Substitutions7.11 Tests and Inspections7.12 Access to Stored Material7.13 Shop Drawings, Product Data and Samples7.14 Project Record Documents and As-Bui

9、lt Requirements7.15 Site Clean Up7.16 Construction Facilities and Temporary Controls7.17 Cutting and Patching of Work7.18 Performance and Payment Bond Requirements7.19 Liens.7.20 Royalties and Patents7.21 Training7.22 Construction Photographs7.23 Statement of Unpaid ClaimsARTICLE VIII. ARCHITECT8.1

10、Architects Administration of the ContractARTICLE IX. SUBCONTRACTORS AND VENDORS9.1 Subcontractors and Vendors9.2 Consent To Use Proposed Subcontractors and Vendors.9.3 Form of Subcontracts and Purchase Orders9.4 Subcontractors and Vendors Designated By Owner9.5 Payments to Subcontractors from the Co

11、ntractor9.6 Subcontractor and Vendor Replacements9.7 Communications With Subcontractors and Vendors9.8 AssignmentARTICLE X. WARRANTY OBLIGATIONS10.1 Contractors Warranty10.2 Contractors Warranty Period10.3 Compliance With Contract Documents10.4 Warranty Costs10.5 Timeliness of Corrective Services10.

12、6 Warranty Survival10.7 Owners Right To Correct10.8 Owners Right to Supplement Work of Contractor10.9 Acceptance of Non-Conforming Work10.10 Warranty Exclusions10.11 Written GuarantyARTICLE XI. SCHEDULING, DELAYS AND ACCELERATION11.1 Owners Right to Modify11.2 Project Schedule11.3 Schedule Updates11

13、.4 Force Majeure Delay11.5 Owner Delay11.6 Extensions of Time and Guaranteed Maximum Price Increases for Delay.11.7 Limitations11.8 Recovery Plans11.9 Accelerations for Owners Convenience11.10 Schedule Coordination11.11 Flow-Down Provisions11.12 Partial Occupancy Or Use11.13 OtherARTICLE XII. SUBSTA

14、NTIAL AND FINAL COMPLETION12.1 Substantial Completion Procedures and Requirements12.2 Final Completion Procedures and RequirementsARTICLE XIII. CONCEALED CONDITIONS AND UNCOVERING OF WORK13.1 Concealed Conditions13.2 Covering of WorkARTICLE XIV. INDEMNIFICATION14.1 Indemnity14.2 Defense Costs14.3 Ha

15、zardous Materials14.4 Other Limitations14.5 Survival of Indemnification Provisions14.6 RiskARTICLE XV. INSURANCE15.1 Owner Controlled Insurance Program15.2 Evidence of Coverage15.3 Deductibles15.4 Cooperation by the Parties15.5 DurationARTICLE XVI. SAFETY AND COMPLIANCE16.1 Contractors Site Safety R

16、esponsibilities16.2 ComplianceARTICLE XVII. TERMINATION OR SUSPENSION OF THE CONTRACT17.1 Material Default By Contractor17.2 Termination For Convenience17.3 Suspensions By Owner17.4 Limitations17.5 Other Rights and Remedies17.6 Contractors RemediesARTICLE XVIII. CHANGE IN THE WORK18.1 Change18.2 Cha

17、nge Order18.3 Change Proposal Request18.4 Construction Change Directive18.5 Determination of Increases in Guaranteed Maximum Price18.6 Simultaneous Submittal Requirements18.7 Continued Performance18.8 Effect of Change Orders18.9 Verbal Instructions and Minor Changes in the Work18.10 Waiver and Relea

18、se of Contractors RightsARTICLE XIX. RECORD KEEPING AND AUDIT RIGHTS19.1 Required Accounting Records.19.2 Purpose and Extent of Record Access19.3 Record Keeping Formats19.4 Certifications.19.5 Flow Down Provisions19.6 Remedies19.7 Record Retention.ARTICLE XX. CLAIMS20.1 Definition20.2 Notice20.3 Pen

19、ding Resolution20.4 Final Settlement of Claims20.5 Unresolved ClaimsARTICLE XXI. OWNERS LENDERS21.1 Owners Lenders21.2 Assignment and Default21.3 Owners Lenders Election.21.4 Payment and Work Continuation21.5 Payments.21.6 Audit Rights.21.7 Access.21.8 Material Changes.21.9 General Cooperation.ARTIC

20、LE XXII. DISPUTE RESOLUTION AND GOVERNING LAW22.1 Judicial Determination22.2 Governing Law22.3 Non-Waiver22.4 SeverabilityARTICLE XXIII. PROPRIETARY INFORMATION AND USE OF OWNERS NAME23.1 Proprietary Information23.2 Advertising and Use of Owners Name23.3 Use of DrawingsARTICLE XXIV. MISCELLANEOUS PR

21、OVISIONS24.1 Assignment.24.2 Subordination24.3 No Third-Party Beneficiaries.24.4 Enforceability.24.5 Headings.24.6 Counterparts.24.7 Legal Fees.24.8 Waiver.24.9 Intent of the Parties24.10 Survival.24.11 Independent Contractor.24.12 Privileged Business.24.13 Entire AgreementARTICLE XXV. NOTICES25.1 N

22、otice Procedures25.2 Notices To Owner25.3 Notices To Contractor25.4 Change of Address.AGREEMENT FOR GUARANTEED MAXIMUM PRICE CONSTRUCTION SERVICES LE RVEThis Agreement for Guaranteed Maximum Price Construction Services (Agreement), effective as of _,_,_(M,D,Y) (the Effective Date) is entered into be

23、tween AAA LLC, a _(PLACENAME) limited liability company (Owner), and BBB, INC., a _(PLACENAME) Corporation (Contractor), with regard to the following.RECITALSA. Owner owns the real property commonly known as 3131 _(PLACENAME) Boulevard South, _(PLACENAME) and more particularly described on Exhibit A

24、 attached hereto and incorporated herein by the reference (Site).B. Owner desires to construct on the Site a first class luxury resort and casino, including high-rise hotel space and low rise space comprised of casino and gaming areas, restaurants, retail, convention and meeting areas, an Aqua Theat

25、re showroom, and exterior features, and all on-Site and off-Site improvements and infrastructure related thereto, all in full accordance with the Contract Documents, including the Drawings and Specifications, and including the Work (as defined below) (the Project). Contractors Work is only a portion

26、 of the Project. The Project also includes services and materials to be provided by Owner and other separate contractors and consultants.C. Contractor and Owner acknowledge that the Drawings and Specifications are not complete, and Contractor and Owner agree to work together to complete the Drawings

27、 and Specifications as provided in this Agreement, including consistent with the Guaranteed Maximum Price Premises and Assumptions and Project Schedule.D. Owner desires to engage Contractor to construct, and supervise the construction of, that portion of the Project comprising the Work as more fully

28、 described in this Agreement, and Contractor desires to accept such engagement, upon the terms and conditions contained in this Agreement.AGREEMENTIn consideration of the mutual covenants and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of wh

29、ich are hereby acknowledged, Contractor and Owner hereby adopt and incorporate the foregoing Recitals and agree as follows:ARTICLE I.DEFINITIONS1.1 Architect. The Architect for the Project is III, Ltd., LLC. or any other architect designated by Owner to Contractor in writing; provided, however, sole

30、ly with regard to the Aqua Theatre, the term Architect shall mean _(NAME), Chtd. pursuant to that certain Professional Design Services Agreement dated as _,_,_(M,D,Y).1.2 Change, Change Order, Change Proposal and Construction Change Directive. The terms Change, Change Order, Change Proposal and Cons

31、truction Change Directive are defined in Article 18 of this Agreement.1.3 Claim. The term Claim is defined in Section 20.1 of this Agreement.1.4 Contract. Collectively the Contract Documents described in Section 1.5 below form the entire contract for implementation of the Work and are collectively referred to as the Contract.1.5 Contract Documents. Contract Documen