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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. lnit. Usor Not s: (3B9ADA5E) of1 I Meridian City Council Meeting Agenda January 2, 2019 – Page 394 of 576 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 lnit. U3er Notes: (3BgADAsE) or2 I ts Meridian City Council Meeting Agenda January 2, 2019 – Page 395 of 576 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. lnit.of3 Ussr Notos: (3B9ADA5E) tsI Meridian City Council Meeting Agenda January 2, 2019 – Page 396 of 576 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 lnit. Ut r Nolca:(3B9ADAsE) ts or4 I Meridian City Council Meeting Agenda January 2, 2019 – Page 397 of 576 (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) lnit. User Notoc: (3B9ADA5E) 5 I Meridian City Council Meeting Agenda January 2, 2019 – Page 398 of 576 lnit. 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. or6 Usor Notas (3B9ADA5E) is I Meridian City Council Meeting Agenda January 2, 2019 – Page 399 of 576 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: lnit. User Notes: (3B9ADA5E) ofT I Meridian City Council Meeting Agenda January 2, 2019 – Page 400 of 576 (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 lnit. User Notes:(3B9ADA5E) ts of8 I Meridian City Council Meeting Agenda January 2, 2019 – Page 401 of 576 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. lnit. UBer Notas (3B9ADAsE) is org I Meridian City Council Meeting Agenda January 2, 2019 – Page 402 of 576 .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 Meridian City Council Meeting Agenda January 2, 2019 – Page 404 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 405 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 406 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 407 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 408 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 409 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 410 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 411 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 412 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 413 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 414 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 415 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 416 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 417 of 576