HomeMy WebLinkAboutKKP Electrical Contractors LLC dba Mountain Power Electrical Contractors AIA Discovery Park=WAIA Document A132- - 2rlrl9
Standard Form of Agreement Between Owner and Contractor,Construction
Manager as Adviser Edition
Bid Package No. 11 - ElectricalSystems
AGREEMENT made as of the Fourteenth day of December in the year Two Thousand
Eighteen
(In 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 olher information)
KKP Electrical Contractors LLC dba Mountain Power Electrical Contractors
PO Box 16777, Boise, Idaho 83715
Telephone Number: 208-377 -3305
Fax Number: 208-323 -07 39
for the following Project:
(Name, location and detailed description)
City of Meridian - Discovery Park Shop Building
2l2l 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 Constructors
I1724 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 information)
Insight Architects, P.A.
2238 S. Broadway Avenue, Boise, Idaho 83706
Telephone Number: 208-338-9080
The Owner and Contractor agree as follows.
AODITIONS 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 Report 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
neoessary information and where
the author has added to or deleted
from the original AIA text.
This document has important legal
@nsequences. Consultation with an
aftomey is encouraged with respect
to its completion or modification.
This document is intended to be
used in conjunction with AIA
Documents A232il-2009, General
Conditions of the Contract for
Construction, Construction Manager
as Adviser Edition; 8132il-2009,
Standard Form of Agreement
Between o(,vner and Architect,
Construction Manager as Adviser
Edition; and C132il-2009,
Standard Form of Agreement
Between Orner and Construction
Manager as Adviser.
AIA Document A232n-2009 is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.
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I rmLE oFARTTcLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACTSUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUSPROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
I(, INSURANCE AND BONDS
I earagraph Deleted)
ARTICLE I 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 Agreernent and Modifications issued after execution of this Agreement, all of which form the Contract, and
are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract, together with
the performance bond and payment bond, if any, r€present 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 Requirements: Provide all labor, materials, permits and equipment required to install a complete and
operable electrical system es noted in the construction documents and per the following:
Division 26 - Electrical (complete)
Section l5 100 - Mechanical General Provisions+ +
Section 15300 - Heating, Ventilating, and Air Conditioning**** As applicable to this scope of work
I fHs contract specifically includes but is not limited to:
o Fumish and install a complete and operational electrical system in accordance with construction
documents.
. Include all conduit, boxes and conductors for all mechanical equipment as required.o Provide and install (l) 200 AMP temporary power panel for construction power as located by the CM site
superintendent. Temporary power requirements shall include a minimum of (6)l l0V and (2) 220V outlets
per panel as necessary to facilitate work.o Excavation, backhll and compaction for your work. Provide suitable hll for trenching operation as
required.
o All trenches will need to be re-compacted (95%o modified proctor) with structural fill materials up to the
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bottom ofthe concrete, paving, or landscape surfaces as applicable.
r Complete all line voltage connections as necessary for all work provided by others.
r Coordinate all work as required with Idaho Power.
r Fire caulking and fire stopping as required for your work.
o Provide, maintain and remove temporary lighting for all building areas in accordance with OSHA
requirements.
. Any material or personnel lifts operated inside of the building are to be non-m.uking and non-damaging to
the concrete surface. Concrete slabs are exposed and cannot be damaged.
o Contractors Warranty (standard warranty) on the project is 2 years (minimum) from the date of final
acceptance in lieu of the I 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 specilically excludes:
a Idaho Power Fees. (They will be paid by the Owner direct)
ARTICLE 3 DATE OF COTII{ENCEXIENT 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.
(Insert the date of commencement, if it difers from the date of this Agreemenl or, if applicable, state that the date
will belixed in a notice to proceed.)
I fn" commencement date will be fixed in a notice to proceed.
If, prior to the commencement of the Work, the Owner requires time to file 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 with the date of
commencement. If appropriate, 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 Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relattng to failure to achieve Substantial Completion on time or for
bonus payments for early completion of the Work.)
In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the
Conffactor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars
($1,000.00) or Ycyo 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 Contractor shall not be liable for
liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the
Contract Time.
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ARTICLE4 CONTRACTSUilI
$ tl.l The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's perforrnance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropiate box.)
t X ] 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
t I Cost of the Work plus the Conftactor'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 5.1.4, 5.1.5 or 5.1.6 below.)
$ '1.2 Stipulated Sum
$ t1.2.'l The Stipulated Sum shall be Thirty-Three Thousand Nine Hundred Twenty-Three Dollars andZero Cents ($
33,923.00 ), 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 idenlification of accepted alternates. If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution ofthis Agreement, attach a schedule ofsuch other
alternates showing the amountfor each and the date when that amount expires)
$ t0.2.3 Unit prices, if any:
(Identifi and state the unit price, and state the quantity limitations, if any, to which the unit pice will be applicable.)
Item Unib and Limitations Price per Unit (10.00)
$ 4.2.4 Allowances included in the Stipulated Sum, if any:
(Identify allowance and state exclusions, if any, from the allowance pice.)
Allowance
I e*ogroplu Deleted)
I earagraph Deleted)
(Paragraph Deleted)
Item
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(Paragraphs Deleted)
(Table Deleted)
I e*ogroplu Deleted)
I p*ogroph Deleted)
| @aragraph Deleted)
(Paragraphs Deleted)
(Table Deleted)
I lPorrgroph Deleted)
I paragraph DeleteQ
I ga*graph Deleted)
(Paragraphs Deleted)
(Table Deleted)
I p*agraph Deleted)
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ARTICLE 5 PAYTUENTS
$ 5.1 Progress Payments
$ 5.1.1 Based upon Applications for Pa)rment properly submitted to the Construction Manager by the Contractor, and
upon certification of the Project Application and Project Certihcate 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 Construction Manager not later than the Twenty-
fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the
Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by
the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than
Thirty ( 30 ) days after the Construction Manager receives the Application for Payment.
(Federal, slate or local laws may require payment within a certain peiod of time.)
$ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum
S 5.1.1.1 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 Construction Manager
or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
S 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.f .1.3 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 Contract
Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five
percent ( 5.00 0/o). 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 modihed;
.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;.1 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payrnent 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.
S 5.1.4.1 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
Ninety-five percent ( 95.00 %) of the Confiact Sum, less such amounts as the Construition 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 Cond.itions, asmodified.
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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 Work, to reduce or limit the retainage resultingfrom
the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not *plained elsewhere in the
Contract Documents, insert here provisions for such reduction or limitation.)
I 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
confractor or supplier than retained from their portion of the Work.
I lPorrgrophs Deleted)
I g*ogrophs Deleted)
I 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
.l the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisS other
requirements, if any, which extend beyond final 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 paymenl and
.3 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 (l) the Contractor has fully
performed the Contract and (2) the issuance of the hnal Certificate for Payment or Project Certihcate
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 I 5.2 of AIA Document A232)009 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, insert the name, address and other contact information of the Initial Decision Makcr,
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 A232J009 asmodified, the method of binding dispute resolution shall be as follows:
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(Check the appropriate 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 than litigation, Claims
will be resolved by liligation in a court of competent jurisdiction.)
t ] Arbitration pusuant to Section 15.4 of AIA Document A232-2009
t X ] Litigation in a court of competent jurisdiction.
t I Other: (Specifu)
ARTICLE 7 TERilIINATION OR SUSPENSION
$ 7.1 Where the Gontract Sum is a Stipulated Sum
$ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
42321009 as modified.
$ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as
modified.
(Paragraplx Deleted)
ARTICLE 8 i'ISCELI,.ANEOUS PROVISIONS
$ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified 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.)
518 of l%o 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 other information)
Eli Doney
PO Box 16777,Boise,Idaho 83715
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Telephone Number: 208-377 -3305
Fax Number: 208-323 -07 39
Email Address: elidorsey@mtnpwr.com
$ 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..l 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 as modified, Standard Form of Agreement
Befween Owner and Contractor, Construction Manager as Adviser Edition.
$ 9.1.2 The General Conditions are, AIA Document A232)009 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 Date Pages
Exhibit A Contract Document Schedule December 13, 2018 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 13,2018
I grtle Deteted)
$ 9.1.5 The Drawings:
(Either 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
I Gotle Deleted)
$ 9.1.6 The Addenda, if any:
Number
One
Two
Date
December 3, 2018
December 7,2018
Pages
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.
$ 9.1.7 Additional documents, if any, forming part of the contract Documents are:.1 AIA Document Al32rM-2009, Exhibit A, Determination of the Cost of the Work, if applicable.
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.3 AIA Document E202Tm -2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:
Other documents, if any, listed below:
(List here any additional documents which are intended to form part of the Contract Documents. AIA
Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid,
Instructions to 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)
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 modifying AIA 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 writtbove.
OW ER(Signa re) CONTRAC Signature)
Tammy de W , Mayor David Tully, C.O.O.
Gv C. o
(Printed to and title) (Printed name and title)
Inst. AIA Document A132T — 2009 (formerly A101 "'CMa —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 (Q
this AIAe 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 document was produced by AIA software at 11:15:12 MT on 12/17/2018 under Order No. 8449633179 which expires on 12/2812019, and is
not for resale.
User Notes: (3139ADA59)
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 1111912018
ARCHITECTURAL
A0.1 CoverSheet
A3.1 Roof & RCP PlansA5.1 Sections & Details
51.1 Structural Details & Notes
MECHANICAL
M0.0 Mechanical Cover SheetM1.0 Mechanical Plan
ELECTR!CAL
E0.0 Electrical Cover SheetE0.2 Electrical SpecsE1.0 Electrical Plans
CIVIL FOR REFERENCE ONLY
C2.10 Material Area J
C230 Layout Area J
C2.57 Site Section / Details
C4.17 Grading Area L
42.1
44.1
A6.1
M0.1
M2.0
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
E0.1
E0.3
E2.0
c2.17
c2.33
c4.10
Discovery Park Shop Building
Page 1 of 1
December 13,2018
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