HomeMy WebLinkAboutDavid Epley and Associates, Inc. AIA Discovery Park,,
Standard Form of Agreement Between Owner and Contractor,Construction
Manager as Adviser Edition
Bid Package No. 8 - Painting
AGREEMENT made as of the Fourteenth day of December in the year Two Thousand
Eighteen
Qn words, indicate day, month and year.)
BETWEEN the Owner:
Q,Iame, legal status, address and other information)
City of Meridian
33 East Broadway Avenue
Meridian,Idaho 83642
and the Contractor:
(Name, legal status, address and other information)
David Epley & Associates, Inc.
3501 Rose Hill, Boise,Idaho 83705
Telephone Number: 208-343-8893
Fax Number: 208-342-8424
for the following Project:
Q,Iame, location and detailed desciption)
City of Meridian - Discovery Park Shop Building
2121 East Lake Hazel Road in Meridian, Idaho 83642
The work involves construction of a new 2,240 SF shop building
The Construction Manager:
(Name, legal status, address and other information)
Kreizenbeck, LLC DBA Kreizenbeck Constmctors
11724 West Executive Drive,
Boise, Idaho 83713
Telephone Number: (208) 336-9500
Fax Number: (208) 336-7 444
The Architect:
(Name, legal status, address and other idormation)
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Reporl that notes added
information as well as revisions to
the 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 has added
necessary information and where
the author has added to or deleted
from the original AIA text.
This document has important legal
consequences. Consultation with an
attomey is encouraged with respect
to its completion or modification.
This document is intended to be
used in conjunction with AIA
Documents A232 ru-2009, General
Conditions of the Contract for
Construction, Construction Manager
as Adviser Edition; 8132ru-2009,
Standard Form of Agreement
Between O,vner and Architect,
Construction Manager as Adviser
Edition; and Cl 32 B-2009,
Standard Form of Agreement
Between Oilner and Construction
Manager as Adviser.
AIA Document A232il-2009 is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.
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Insight Architects, P.A.
2238 S. Broadway Avenue, Boise, Idaho 83706
Telephone Number: 208-3 3 8-9080
The Owner and Contractor agree as follows.
ALA Documcnt A132il - 2000 (torm.rly Al0l ilCtt - 1902). Copyright @ 1975, 1980, 1992 and 2009 by The American lnstitute of ArchitBcts. All rlghtl
rt..!Ycd. WARNING: Thlr AIA' oocumenl ir prot6c{6d by U.S. Copyright Law and lntomational Treatlcr. Unaulhorlz.d ruproductlon or distrlbutlon of
thic AIA' Docum.nt, or any porton of lt, may rusult ln r.yeru civil and criminal penelties, and wtll bc prosecut d to the marlmum crtent po3ribl.
under thc law. This docilm€nt was poducad by AIA softrare at 11:14:09 MT on 12i171201E under Oder No. 8449633179 wtrich expires on 12.112812Q19, and is
not br resale.
Urr Notcr: (3B9ADA5E)
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I raeLE oF ARTTcLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACTSUTI
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 iilScELLANEOUSPROVIStONS
9 ENUMERATION OF CONTRACT DOCUMENTS
1() INSURANCE AND BONDS
I g*ogroph Deleted)
ARTICLE 1 THE CONTRACT DOCUilIENTS
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 Conhact, together with
the performance bond and payment bond, if any, represent 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.
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.
Contract Requiremenb: Provide ell labor, material and equipment required to complete painting, water
repellents and caulking as noted in the construction documents and per the following:
I fnis contract specifically includes but is not limited to:
o Provide all labor, materials and equipment required to complete interior and exterior painting and water
repellents as noted within the construction documents.r Caulking of all dissimilar materials that are to receive painted finish.r Paint all exposed to view mechanical related items, electrical conduit and associated items, unless noted
otherwise.
o Paint all exposed to view structural steel, miscellaneous steel and associated items, unless noted otherwise.o Provide all temporary protection, masking and cleanup for adjacent surfaces for work performed under this
bid package.
o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final
acceptance in lieu of the 1 year as indicated in the project manual. Refer to the Supplementary General
Conditions included in the bid book. Extended warranties will be as noted in the contract documents.
This contract specifically excludes:
o Painting exhaust fan and exhaust fan curb per detail ll}l2.0
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ARTICLE 3 DATE OF COMTIIENCEMENT 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.
(Inserl the date of commencemenl, if it difers from lhe date of this Agreement or, if applicable, state that the date
will befixed in a notice to proceed.)
I n
" cotnmencement date will be fixed in a notice to proceed.
If, prior to the commencement of the Work, the Owner requires time to hle mortgages, mechanics' liens and other
security interests, the Owner's time requirement shall be as follows:
$ 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 ( ) days from the date
of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated wilh the date of
commencement. If appropiate, insert requirements for earlier Substantial Completion of certain portions of the
Work.)
The Contractor shall achieve Substantial Completion of the entire Work not later than June 14, 2019
(Table Deleted)
, subject to adjustrnents of this Conftact Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus paymentsfor early completion of the Work.)
In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the
Confractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars
($ I ,000.00) or YoYo of the Contract Value (whichever is greater) for each and every calendar day following the end
of the Contract Time until Substantial Completion is achieved; provided that the Conhactor shall not be liable for
liquidated damages for a day, or days ofthe excusable delay occurring during such period following the end ofthe
Contract Time.
ARTICLE4 CONTRACTSUilI
$ 4.1 The Owner shall pay the Contractor the Contract Sum in curent funds for the Contractor's performance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropiate box.)
tX ] Stipulated Sum, in accordance with Section 4.2 below
t ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance
with Section 4.3 below
I ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 4.4 below
(Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete
either Section 5. I .4, 5. I .5 or 5. I .6 below.)
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! 4.2 Stipulated Sum
$ 4.2.1 The Stipulated Sum shall be Six Thousand One Hundred Twenty-Five Dollars andZero Cents ($ 6,125.00 ),
subject to additions and deletions as provided in the Contract Documents.
$ 4.2.2 The Stipulated Sum is based on 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 amountfor each and the date when that amount expires.)
$ 4.2.3 Unit prices, if any:
(dentify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit (10.00)
$ 4.2.t1 Allowances included in the Stipulated Sum, if any:
(dentifu allowance and state exclusions, if any, from the allowance price.)
Allowance
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(Paragraphs Deleted)
(Table Deleted)
I e*ogropts Deteted)
(Paragraph Deleted)
Item
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(Paragraphs Deleted)
(Table Deleted)
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(Paragraphs Deleted)
(fable Deleted)
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ARTICLE 5 PAYMENTS
$ 5.1 Progress Payments
$ 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and
upon certihcation of the Project Application and Project Certificate for Payment or Application for Payment and
Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall
make progress payments on account of the Contract Sum 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, or as follows:
$ 5'1.3 Provided that an Application for Payment is received by the Constmction Manager not later than the Twenty-
fifth day of a month, the Owner shall make payment of the certified amount in the Appiication for payment to the
Contractor not later than the Twenty-fifth day of the following month. If an Application for Paymentis received by
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Meridian City Council Meeting Agenda January 2, 2019 – Page 365 of 576
the Construction Manager after the application date hxed above, payment shall be made by the Owner not later than
Thirfy ( 30 ) days after the Construction Manager receives the Application for Payment.
(Federal, state or local laws may require poyment within a certain period of time.)
$ 5.1.4 Progress Payments Where the Gontract Sum is Based on a Stipulated Sum
S 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract
Documents. The schedule of values shall 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, when, and only when, approved in writing by the Constuction Manager
or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
$ 5.1.4.2 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.
$ 5.1,4.3 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 by the share of the total Confract
Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five
percent ( 5.00 %). 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, as modified;
.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, ifapproved
in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing),
less retainage of Five percent ( 5.00 %);
.3 Subtract the aggregate of previous payments made by the Owner;
,4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and
.5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the
Contract Documents.
$ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modihed
under the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety-hve percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manager
recommends and the Architect determines for incomplete or defective Work, or both and unsettled
claims; 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, as
modified.
S 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Worh to reduce or limit the retainage resultingfrom
the percentages inserted in Sections 5.1.4.i.l and 5.1.4.3.2 above, and this is not explained elsewhere in the
Contract Documents, insert here provisions for such reduction or limitation.)
No reduction in retainage will be allowed prior to final completion without written approval of the Owner.
S 5.1.4.6 A condition will be included forbidding more retainage from a
contractor or supplier than retained from their portion of the Work.
(Paragraphs Deleted)
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Meridian City Council Meeting Agenda January 2, 2019 – Page 366 of 576
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$ 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 NA Document A232-2009 as modified, and to satisfu other
requirements, if any, which extend beyond hnal payment;
.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A,
Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or
without a Guaranteed Maximum payment; and
.3 a final Certihcate 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 (1) the Contractor has fully
performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate
for Payment, or as follows:
ARTICLE 6 DISPUTE RESOLUTION
$ 6.1 lnitial Decision Maker
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A2321009 as
modified, unless the parties appoint below another individual, not a party to this Agreement, to serye as Initial
Decision Maker.
(If the parties mutually agree, inserl the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)
$ 6.2 Binding Dispute Resolution
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as
modified, the method of binding dispute resolution shall be as follows:
(Check the appropiate box. If the Owner and Contractor do not select a method of binding dispute resolution
below, or do not subsequently agree in witing to a binding dispute resolution method other lhan litigation, Claims
will be resolved by litigation in a court of competent jurisdiction.)
t ] Arbitration pursuant to Section 15.4 of AIA Document M321009.
t X ] Litigation in a court of competent jurisdiction.
t ] Other: (Specifi)
ARTICLE 7 TERTIINATION OR SUSPENSION
! 7.1 Where the Contracl Sum is a Stipulated Sum
$ 7'1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article l4 of AIA Document
A232-2009 as modified.
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Meridian City Council Meeting Agenda January 2, 2019 – Page 367 of 576
$ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document 4232-2009 as
modified.
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ARTICLE 8 MISCELLANEOUS PROVISIONS
$ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modif,red or
another Contract Document, the reference refers to that provision as amended or supplemented by other provisions
of the Contract Documents.
$ 8.2 Payments due and unpaid under the Contract 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.
(Insert rate ofinterest agreed upon, ,fony)
I srt of lo% per month
$ 8.3 The Owner's representative:
(Name, address and other information)
Mike Barton, Parks Superintendent
City of Meridian
Parks and Recreation Department
33 East Broadway Avenue, Suite 206
Meridian, Idaho 83642
$ 8.4 The Contractor's representative:
(Name, address and olher information)
Jake Epley
3501 Rose Hill Boise, Idaho 83705
Telephone Number: 208-343-8893
Fax Number: 208 -3 42-8424
Mobile Number: 208-7 6l -1429
Email Address: daveepley@qwesto{fi ce.net
$ 8'5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
$ 8.6 Other provisions:
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.
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Meridian City Council Meeting Agenda January 2, 2019 – Page 368 of 576
$ 9.1.1 The Agreement is this executed AIA Documefi A132-2009 as modified, Standard Form of Agreement
Between Owner and Contractor, Construction Manager as Adviser Edition.
$ 9.1.2 The General Conditions are, AIA Document A232_2009 as modified, General Conditions of the Contract for
Construction, Construction Manager as Adviser Edition.
$ 9.1.3 The Supplementary and other Conditions of the Contract:
Document Title
Exhibit A Contract Document Schedule
One
Two
Date
December 13, 2018
Pages
I
$ 9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Title of Specifications exhibit: Contract Document Schedule, Exhibit A, dated December 13, 201 8
(Table Deleted)
$ 9.1.5 The Drawings:
(Etther list the Drawings here or refer to an exhibit attached to this Agreement.)
Title of Drawings exhibit: Contract Document Schedule, Exhibit A, dated December 13, 2018
Sable Deleted)
$ 9.1.6 The Addenda, if any:
Number Date Pages
December 3, 2018
December'7,2018
8
2
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
5 9.1.7 Additional documents, if any, forming part of the Contract Documents are:
.1 AIA Document A132rL2009, Exhibit A, Determination of the Cost of the Work, if applicable..2 AIADocumentE20lrM-200T,DigitalDataProtocolExhibit,ifcompleted,orthefollowing:
.3 AIA Document E202rM-2008. Building Information Modeling Protocol Exhibit, if completed, or the
following:
.4 Other documents, if any, listed below:
(List here any additional documents which are intended toform part of the Contract Documents. AIA
Docament A232-2009 provides that bidding requirements such as advertisement or invitation to bid,
Inslructions to Bidders, sample forms and the Contractor's bid are not part of the Contracl
Docaments unless enumerated in this Agreement. They should be listed here only if intended to be
part of the Contract Documents.)
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Meridian City Council Meeting Agenda January 2, 2019 – Page 369 of 576
All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental
Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the
Contract Documents.
AIA Document A232-2009 General Conditions
Exhibit A, Contract Document Schedule
dated December 13, 2018
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document
A232-2009 as modified
Refer to Supplemental Conditions modifyingAIA Document A232-2009 for changes and additions to Article 11
"Insurance and Bonds".
Contractor is required to provide 100% Payment and Performance Bonds
(Table Deleted)
This Agreement is entered into as of the day and year first written above.
7
OWNER(Sigit re)
Tammy de , Mayor
TM�� �,ead JCer((Printed natitle)
dM A � hNH
CO RA R(Si azure
Jake Epley, Owner
CA A6W(.4
(Printed name and title)
Init. AIA Document A132" —2009 (formerly A101 ^'CI41a —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10
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
t under the law. This document was produced by AIA software at 11:14:09 MT on 12/17/2018 under Order No. 8449633179 which expires on 12/28/2019, and is
not for resale.
User Notes: (3B9ADA5E)
EXHIBIT A
CONTRACT DOCUMENT SCHEDU LE
CITY OF MERIDIAN
DISCOVERY PARK SHOP BUILDING
2121 E. LAKE HAZEL ROAD
MERIDIAN, IDAHO 83642
KC PROJECT NO. 16-080
December 13,2018
PROJECT DOCUMENTS as issued by lnsight Architects and prepared by the following project
team:
Architect - lnsight Architects
MEP Engineer - Musgrove Engineering, P.A.
Structural Engineer - Structural Edge
Civil/Landscape Architect - The Land Group, lnc.
Construction Manager - Kreizenbeck, LLC dba Kreizenbeck Constructors
ADDENDUMS
Addendum No. One dated December 3, 2018
Addendum No. Two dated December7,2018
PROJECT MANUAL
lnstructions to Bidders, Volume 1 of 1 Complete - dated November 09, 2018
DRAWINGS - Dated 11/19/2018
ARCHITECTURAL
A0.1 CoverSheetA3.1 Roof & RCP PlansA5.1 Sections & Details
51.1 Structural Details & Notes
MECHANICAL
M0.0 Mechanical Cover SheetM1.0 Mechanical Plan
ELECTRICAL
E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans
CIVIL FOR REFERENCE ONLY
C2.10 MaterialArea J
C2.30 Layout Area J
C2.57 Site Section / Details
C4.17 Grading Area L
M.1
44.1
A6.1
M0.1
M2.0
E0.1
E0.3
E2.0
Floor & FND Plans
Exterior Elevations
Door & Finish Schedules
Mechanical Specs
Mechanical Schedules & Details
Lighting Compliance Forms
Electrical Specs
Electrical Schedules
Material Area L
Layout Area L
Grading Area J
Discovery Park Shop Building
Page 1 of 1
December 13, 2018
c2.17
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