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HomeMy WebLinkAboutStandard Form of Agreement with Commercial Painting Contractors for New Meridian City Hall- ~ ~ TM ~~'~ , ~ _ ~ Qocurnent A101/CNfa 1992 Stancla~d Form of Agreement Between Owner and Contracfor . where ~the basis of payment is a STIPULATED SUM AGREEMENT ~ made as of the Tenth day of April in the year of Two Thousand Eight ADD1170NS AND DEIETIONS: (In words, in`dicate day, month and year) The author of this document has added infortnation needed for its BETWEEN the Owner: completion. The author may also (Name and address) have revised the text of the original AIA standard form. An Additions and CITY OF M'ERIUTAN Deletions Report that not~ added 33~East~Idaho Avenue. infortnation as well as revisions to Meridian, Idaho 83642-230U the stan~rd form te~R is available and the Contractor: from the author and should be . (Name and address) reviewed. A vertical line in the left margin of this document indicates Commercial. Painting Contractors; Inc. where the author has added P:O. Box l i 15 necessary informaHon and where Caldwell; Idaho $3606 ~ the author has added to or deleted . from the original AIA text. For the following Project: This document has important legal (Include detailed description of Project, [ocation, address and scope.) consequences. Consultation with an attomey is encouraged with respect New Meridian City Hall to ks completion or modification. ~ 33 East Broadway Avenue ~ The 1992 Edition of AIA Document Meridian, Idaho 83642 A201/CMa,General Condftions of the Contract for Construction, Phase IV - Plaza - Paintin ~ g• Construction Manager-Adviser Edition, is adopted in this document The Construction Manager is: by reference. Do not use with other (Name and address) general conditions unless this document is madified. PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITEG'TS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. ~;~~s.. . .. tnit ~~~ A101/CI~AaTM -1992. Copy~igM ~ 1992 by The American Institute of Architeccs. All:rtgAb reserved. W~ARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Doeument, 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 AW sottware at 14:42:37 on OM11/2008 under Order No.1000350899_t which expires on 4/3/2009, and is not for resale. UssrNoW: (1742064382) 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 execufion of this Agreement, other documents listed in.this Agreement and Modifications issued after execution of this 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 integrafed agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Docurnents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT ~ The Contractor-shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in :the; Contract Documents to be the responsibility of others, or as follows: , - - -ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §'3.1 The=d'ate of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be ttie date ofthis Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a no'tice to proceed issued by the Owner. (Paragraph5 deleted) I Jul'y 15, 2008' - § 3.2 The Contractor ~shall achieve Substantial Comple6on of the entire Work not later than (15 ) days after the • 'I Date of Commencement. - (Insen the calendar date or number of calendar days after the date of commencement. Also insen any requirements for earlier Substantial Completion of certain ponions of the Work, if not stated elsewhere in the Contract Documents:) Portion of Work . Substantial Completion date Provide~all labor, material, tools, and equipment for August 1, 2008 surface preparation, primers, fillers, sealants, and finish .paint system as noted on the bid documents and per the following: Division I - General Requirements Section'09912 - Painting ~ This bid package to specifically includes and consists of: • Fillers, primers, and paint for concrete ~ masonry uniu. • Finish pau~t of steel components. • Primer, sealants and paint for gypsum wallboard. • Primer and finish paint for hollow metal doors and frames. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert proyisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & NO/100 Dollacs ($500.00) per calendar day, for each calendaz day of delay until the Work is ~~~t AIA Document A101/CMeT~-1992. Gopyright~ O 1992 by The American Institute of Architects. AIF rights reaerved. W~ARNING: This AIA~ Document fs protected 6y U.S. Copyright Law and International Treaties. Unauthorized reproduction or disVibution of this AIA Document, or any portion ot it, 2 may result in severe civil and criminal penaltfes, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 14:42:37 on OM11/2008 under Order No.1000350899 1 which expires on 4/3/2009, and is not for resale. User Notes: (1742064382) substantiaily complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by . the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial compleriqn shazed by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or ~ remedy. available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or ~ remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM §14:1 The Owner shall pay the Contractor in curcent funds for the Contractor's performance of the Contract the ly< , <Gontract Sum of Eleven Thousand Fow Hundred Doliars & NO/100 ($ 11,400.00), subject to additions and deductions as provided in the Contract Documents. ~ §' 4:2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: :(State ti:e number.s or other identification of accepted qlternates. If decisions on other alternates are to be made by tlie Owner subsequent, to [he-execution of this Agreement, attach a schedule of such other alternates showing the ainount for~each ~and the date until which that amount is valid.) § 4:3 Unit.pcices, iE any, are as follows: Description UnRs ~Price (S 0.00) -ARTICtE 5` PROGRESS PAYMENTS § 51 Based upon Applieations for Payment submitted by the Contractor to the Construction Manager, and upon Project Appiica6ons and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Docpmen[s. § 5:2 The period. covered by each JApplication for Payment shall be one calendar month ending on the last day of the month, or as follows: . § 5.3 Provided an Application for Payment is su6mitted to the Construction Mana~er not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall.lie made,by the :O. .wner not later than Thirty ( 30 ) days after the Conswc6on Manager receives the Application for Payment:, _ § 5.4 Eash Applieation for Payment shall be based upon the Schedule of Values submitted by the Conuactor in accordance:witli;:~theuEontract DocumenEs. The Schedule of Values shall allocate the en6re Contract Sum among the various porfions qf_the. Work and be prepared in such form and supported by such data to substandate its accuracy as the Construction 1Vlanager or Architect may reqnire. This schedule, unless objected to by the Construetion Manager or Architect, shall be used as a basis for reviewing the Contractor's ApplicaEions for Payment. ;~ 5:5'Agglications for Payment shall indicate the percentage of completion of each porcion of the Work as of the end of ttfe period~coxered by the Application for Payment. . _. ~~ §~&Subject to ttie provisions of the Gon~ractDocuments, the amount of each progress.payment shall be computed as follows: § 5.6:1 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 6y the share of the total Concract Sum allocated to that __ ~~~ NA Doeumenl.kt01/CNan -199Q: CopyiigM ~ 1992by The American Instituie of Architects. Ntright~:r~rved. ~ARNING: This AIA~ Oocument is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or dl'stribution of this AIA Document, or any portion of it, may result in severe civil and criminal penaltles, and will be prosecuted to the maximum extent possible under ihe law. This document was produced / 6y AtA sottware at 14:42:37 on 04F11/2008 underOrder No.1000350899 1 which expires on 4/3/2009, and is not for resale. Usse Not~s: (1742064382) portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final detemunation of cost,to. the Owner of changes in the Work, amounts not in dispute may be included as provided in Secrion 7.3.7 of the General Conditions; § 5.6.2 Ad'd that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at tfie site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner,'suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract `amouiits, if any, for which the Conswction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Sec6on 9.5 of the General Conditions. § 5.7 The prqgress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: ' § 5:'T.1' Add; upon'Substantial Completion of the Work, a sum sufficient to increase the total payments to ( ) of the Contract Sum; `less ~such amounts as the Construction Manager recommends and the Architect deternunes for incomplete Work and unsettled claims; and ~ § 5.7.2 Add, if final complerion of the Work is thereafrer materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. §.5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, the percentages insened in Sections 5.6.1 and 5.6.2 above, and this Docurrtents, insert here provisions for such reduction or limitation.) ARTICLE`6' FINAL PAYMENT to reduce or limit the retainage resulting from is not exp[ained elsewhere in the Contract Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the,Contract has been fully performed by the Contractor except for the Contractor's responsitiility to correct nonconforming Work as provided in Seetion 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for,Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where.reference°is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents: §.7:2 Payriients due arid unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in'the abseace` thereof, at the legal rate prevailing from time to 6me at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ~ ' :' ( ~l'2%=) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) If11L ~A ~ument A101/CIAs*~ -1992. Copyright OO 1992 by The American Institute of Architects. All rlghts reaerved. WARNING: This AIA~ Document is protected by U.S. Copyrfght Law and International Treaties. Unauthorized reproduction or distrlbution of this AIA~ Document, or any portlon oi it, mayresult in severe civil and crlminal penalttes, andwill be prosecuted to the maximum extent possfble under the law. This document was produced / by AIA software at 14:42:37 on OM11/2008 under Order No.1000350899_1 which expires on 4/3/2009, and is not for resale. User Notb: (1742064382) §s 7.3 Temporary facilities and services: ('Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Gontract Documents.) § 7:4:Other Provisions: (Here list any special provisions a,,~'ecting the Contract.) AR'f ICLE ~ ~ERMINATION OR SU3PENSION ~-8:1 The ContracC may be terminated by the Ownec or the Contractor as provided in Article 14 of the General Conditio~s. §. $.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9, ENUMERATION~OF CONTRACT DOCUMENTS § 9;1 'The Conuact Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: §;$s1,1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Conswction Manager-Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A2U1/CMa, 1992 Construction Manager-Adviser Edition. § 9:1.3 The Supplementary and other Condidons of the Contract are those contained in the Project Manual dated 3/5/08' , and are as follows: Document Title Pages Volume 2 Phase IV Bidding/General 113 I Conditions § 9:1.4 The SpecificaUons are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Eifher list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: ~ Volume I- Technical Specifications 584 pages (Table deleted) , y ~ .,. ; ,_..~ § 9.1.5 The Drawings are as follows, and are dated 2/22/08 unless a different date is shown below: (Either list the Drawirigs. here or refer to an exhibit attached to this Agreement.) Title of Drawings, exhibit: 0:0 Cover,Sfieet _ ~. ~. CIVIL C1.OA Notes C1.lA ~ Grading and Diainage Plan ' C1:2A Giading and Drainage Plan G2.lA Details l LANDS.EAPE ~ L1.10' ~ Overall Site Layout Plan Ll.l l Site Layout Plan L1.12 Site Layout Plan L120 Grading Plan L1.21 Amphitheatre Grading Plan ~~~t AIA Floeument A101/GAq*~ -1992: Copyiight ~ 1992 by The American Institute of Archkects. Ail rtghtsre~rved: WARNING: This AIA~ Document Is protected by U.S. CopyNght Law and Internatlonal Treaties. Unauthorized reproduction or disVibutlon oi this AIA Document, or any portion of it, 5. may result in severe civll and criminal penalties; and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA sottware at 14:42:37 on OMt i/2008 underQrder No.1000350899_1 which expires on 4/3/2009, and is not for resale. Uaer Nota: (17420G4382) L130 Materials Plan L1.40 Tree Planting Plan L1:41 Planting Plan LT.42 Plan6ng Plan L1.50 Irrigation Plan L1.60 Planting Details L1.61 Imgation Details L1.62 Site Details L1.63 Site Details L1.64 Stream Water Feature Details L1.65 Stream Water Feature Wall Details L1.66 Wood Display Board Details L1.67 Entry Pools Water Feature Details L1.68 Canal Water Feature Details L1:69 Canal Water Feature Details L1.70 Trellis Details L1.71 Trellis Details ARCHITECTURAI; ~ A1,0 Restroom Building - Floor Plan (Table deleted) ~ A2.0 ~ Restroom Building - Building Sections A3:0 Restroom Building - Door & Window Details A3.1 Restroom Building - Exterior Details A3:2 Restroom Building - Structural Details MEGHANICAL 1VI1.0 Restroom Building Mechanical ELECTRIC?,L ~ ~ SE1:00 Site Electrical Plan SE1.01 Enlarged; Plaza Lighting Plan SE1.02 Enl'arged Plaza Power Plan SE1.03 Site Electrical Details SE1.04 Enlazged Plaza Lighting - Altemate #4 SE1.05 Electrical Schedules SE1.06 Electrical Schedules § 9.1.6 Ttie Addenda, if any, aie as follows: Number Date Pages ~ Addendum A 3-12-08 38 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 Other documents, if any, forming part of the Contract Documents are as follows: (l.ist here any additional documents which are intended to form pan of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, lnstructions to Bidders, sample forms and the Contractor's bid are not pan of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be pan of the Contract Documents.) ~~~ AIA Document A101/CAAa?~ -1992: Copyright OO 1992 by The American Institute of Architects. Ali rights reaerved. ~ARNING: This AIA~ Document Is protected by U.S. Copyright Law and Intemational Treaties. UnAuthorized reproduction or distributlon of this AIA Document, or any portlon of it, s may result in severe civil and cNminal pe~lttes, and will be prosecuted to the maximum extent possible underthe law. This dxument was produced / by AIA software at 14:42:37 on 04/11/2008 under Order No.1000350899_1 which expires on 4!3/2009, and is not for resale. User Notes: (1742064382) This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be del'-vered to the Contractor, one each to the Construction Manager and Architect for use in,the administra6on of the Contract, and the remainder to the Owner. OWNER CRY OF MERIDIAN, M idaho Munici Corporation , (Signature) ~~' ;~. ~ (Printed n e and title) U Council Approval: ~/ - Attest: L. H CONTRACTOR ~~~~,~~~~~,iiii~i~~~ii,,~~~''. ,~ ~ ~. • ~~~ ~,~ ~ '. ~ ~ . ~ O ' ^ ~EAL = ~ ~ ,~~ \: ~-,,~~l~ T 1S'~ • P.~`,,• ~~'dJ~I-Y ~ ',/~~~''~~r~~rrnn~r~~~ r~````• CITY GLE Approved as to Content BY: ~ KEIT WATTS, FURCHASING AGENT Dated:~ L~~~ ~ ~ ~ Approved as to Form CITY ATTbRNEY Init aA Docum~t A101/CAfan -1992. Copyrlght OO 1992 by The American Institute of Architects. /UI rig~ ressrved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproductlon or distrtbution of this AIA Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum eztent possible under the law. This dxument was produced / by AIA software at 14:42:37 on OM11/2008 under Order No.1000350899_1 which expires on 4/3/2009, and is ~ot for resale. UseF Notas: ' (1742064382) .~;ls!~f1i~ ~~\'`15 p.$,~ "~ ' ',r~`• ~y ~~.d ti~, '! • yy ~~~ .ri•`^~""o+ b ~~ ~~/r `` ~ A`~~.. 9 a~~~~~ i"~ ~~x ~.~ Ay.. ft ~~ ~~P `~ ~ ~ ~.~. ~~.~ C-i~ ~ T. _ ~,~~ ~~ ~ '. F `~ `r ,•~1 ~•~ ~~~°~" ti : ~`',~~.- _,,,,..,,-- ~s. ; . r, ~' ~r~~'"~ 6,,.~ ~$.~~b :!: '~ ` r ~.~~•,. ~r' 'i~,~,=~.~:~.