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HomeMy WebLinkAboutStandard Form of Agreement with Pro-Tech Roofing, Inc for New Meridian City Hall~ ~ f- ~- Doc~m~r~t A10'~I~~a'" - '~~~ ~tar~dard ~vrm ~f Agreemen~ Between 4wner aRd ~ontra~tor wh~re ~he basis vf payment is a STIPUlATED SUM A~SREEMENI' ~ made as of the Tenth day of April in the year of Two Thousand EighE (In words, indicate day, month and year) BFtTWEEN ~he Owcrer: (Name and address) ~ITY (1F MERIg}I.41u 33 East idal~o Avem~ Meridian, Idaho 83642-2300 and Ehe Contractor: (Name and address) Pro-Tech Roofing, Inc.. 1386 E. Siate Street, ~iA Eagle, Idat~o 8361b Far the following Project: (Include detailed description of Project, location, address and scope. ) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 ~ Phase IV Flaza - Roofing The Construction Manager is: (Name and address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARGHI'I'EC"TS, P.A. 1221 Shoreline ~.ane Boise, Idaho 83'iU2 The Owner and Contractor agree as set forth below. IIDDRiONS AN~I DEL~TIONS: The author of this documeM h~ added iMo-rr~ation needed tor its compleNon. The author may also have revised the texE of the original AIA standard forre~: /4n Aalafkion.s and De6eNo--s Repnn th~ rbtes added informatiun as well aa revisions to the standard toren text is available from the au~or and shot~ld be reviewed. A vertic~ ~ne in tMe lei4 margk~ ot Uri.a documeM indicates where the aWhor has added necesaary iMormation and where the author has added to or deleted from the aiginal AIA te~tt. This document has important legal consequencea. Consullabon with an attorney is encour~ed with respect ro ds completbn or modificatlon. The 1992 E~lion of AW Document AZ01/CW~,General Conc~tions ~ the Cont~act for ConsUuctlon, Constn~etion Manager-Adviser Edition, is adopted in this ~cumer~ by reference. Do noE use witF~ other general conditions uni~s this document is modifled. IUA potunNnf A1Q1/CW"' - f8i'!. Copyelyht m 1992 by The Art-arican Inatifute of Architacts. ~ etyhb c~ewt WARNINf9: This AIA~ Document is ~ protected by U.S. Copyright Law and Internatfo~rel Treatfes. Unauthorized reproductlon or dlsuibution oi this AIA~ Document, or any portion of it, may reault in severe civll and crlminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wat produeed / by AIA soitware at 14~529 on OM11/2008 under Order No.1000350899 1 which expres on 4/3/2a09, and is not tor resale. tbM NoR~ (23~t878S89~ ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the ~ontract (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; 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 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 execute the entire Work described in the Eontract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: At~FICLE 3 ~ATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 T~e date of commencement is the date from which the Contract Time of Secdon 3.2 is measured, and shall be the date of this Agreement, as first written above, 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. (Paragraphs deleted) July I, 2008 § 3.~'The Contractor"shall achieve Substantial Complerion of the entire Work not later than (15 ) days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantia! Completion of certain ponions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide ali labor, material, tools, and equipment to July 15, 2008 complete mechanically fastened membrane roofing system, roofing insulation, and sheet metal flashing and trim as noted on the bid documents and per the foilowing: Division I - General Requirements Section 07540 - Thermal Plastic Membrane Roof ng Section 07620 - Sheet Metal Flashing and Trim This bid package to specifically includes and consists of: • Thermal Plastic Polyolefin (TPO) Sheet roofing membrane. • Polyisocyanurate board insulation roofing • Pre-finished metal coping fabrications. • Formed equipments support flashings. • Supply all masonry flashing, to be installed by others. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) A!A Qocumsnt A101/CIIM*" - 9992. CopyrlgM ~ 1992 by The American Institute of Architects. All righis r~rved. WARNING: This AIA~ Dxument is ~~' protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIA~ Document, or any portion of it, may resuit in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documeM was produced / by AIA software at 142529 0~ OM17 /2008 under Order No.t 000350899 1 which expires on 4/3/2009, and is noF for resele. Usa Nobs: (2346785697j The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difftcult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have th~ option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundr~ct & NO/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantial~y complete. The Contractor acknowledges a~d agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantiaIly complete by the date set foFth in the Contract Docaments, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between snch responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to proteet the Ovmer to address delay by the ContracEor, whether such r'tghE or remedy is under law, in equity or ander Conuact Documents. ARTICLE 4 CE?~RRAC~ StJM ~ 4.1 The Owner shall pay the Contractor in cwrent funds for the Contractor's perfor~nance of the Contract the Contract Sum of Ten Thousand Four Hzu-dred Ninety Five Dollars & NO/100 ($ 10,495.00), subject to additions and deductions as provided in the Contract Documents. , ~ 4.2 T'he Contract Sam is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Saate the numbers or ather identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to tlte execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid. ) § 4.3 Unit prices, if any, are as follows: Deserlption Unih Priee (S 0.00~ ART~LE 5 PIZOGRESS PAYMENTS § S.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates fos Payment issued by the Construction Manager and Architect, the Owner shall make pmgress payments on accounE of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The perioc~ covered by eaeh Apglication for Payment shall be one calendar month ending on the tast day of the montt-, or as follows: § 8.3 Provided an Application for Payment is submitted to the Construction Mana~er rrot lacer than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following ~nth. If an Application for Payment is received by the ConstrucUon Manager after the applicarion date fixed above, payment shall be made b~ t~e Owner not later tttan Thirty ( 30 ) days after the Construction Manager Feceives Ehe Application for- Payment. § S.4 Each Application for Payment s~all be based upon the Schedule of Values submitted by the Contractor in accordance wittt the Contract Documents. The Schedule of Values shall allocate the entire Conuact Surn amor~g the various pottions of the Work and be prepazed in svch form and supported by such data to substandate its acc~acy as the Consiruction Manager or Architect may require. This schedule, unless objected to by the ConsWction Manager or Architect, sha~l be used as a basis for reviewing the Contractor's Applications for Payment. § 5.S Applicadons for Paym~~t shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by th~ Applicaiion for Payment. Init AtA~ DoewnN~t A101/CiliTM - 4992 dopye~t m f992 by The Ame-ican Institute of Architects. Alt riphlf nNrwtR ~ARNING: This AIAO Document Is protected by U.S. Copyright Law and I~ternational Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portlon of it, may result in severe civil and criminal pe~lties, and will be prosecuted to the mauimum extent possibie under the law. FFtls docurt~ent wae produCed / by AtA software at 1425:29 on OM11/2U06 un~r Order No.1000350899 1 which expires on 4/3/2009, and is not for resale. UsN' No/N: (231878569~ § 5.6 Subject to the provisions of the Contract Documents, the amount of each progtess payment shall be compnted as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by mul6plying 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 Schedule of Values, less retainage of Five Percent ( 5% ). Pending final detemvnation of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for snbsequent 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 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. § 5.7 The progress payment amount determined in accordance with Secdon 5.6 shall be further modified under the following circumstances: § 5.7.1 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 Construcdon Manager recommends and the Architect deternunes for incomplete Work and unsettled claims; and § 5.7.2 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. § 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, to reduce or limit the retainage resulting from the percentages insened in Sections 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYNlENT Final payment, constituting Ehe 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 responsitrility to correct nonconfornring Work as provided in Section 12.2.2 of the General Conditions and to satisfy other reqnirements, 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 MISCE~LANEOIfS 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:~ Fayments c~ue 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 dme at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( 12% ) per annum M~ AUt Document /4101/ClrieTM -1992. Copyqlyht ~ 1992 by The American Institute of Architects. All righq naNwFi. ~ARNING: This AIA° Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution oi this AIA Document, or any portlon of it, may result in severe civil aod criminal penalties, and wili be prosecuted to the maximum extent possible u~der the law. This document was produced / by AIA software at 142529 ort 04J11 /2008 under Order No.1000350899 1 which expires on 4/3/2009, and is rwt for resale. Uan Notq: (2346785697) (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 modiftcations, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those incduded elsewhere in the Contracr pocuments.) § T.4 Other Frovisions: (Flere list any speciad provisions a,~'ecting the Contract.) ART~LE 8 TEFt~1~ItTION OR SUSPEN~IDN § 8.1 T'he Gontract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Comlitions. ~&2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARIICLE 9 ENUM6RATIQN Q~ CONTRACT DOCUMENTS § 9.? The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/GMa, 1992 Construction Manager-Adviser Edidon. § 9.1.2 T1ie General Conditions aze the General Conditions of the Contract for Construcdon, AIA Document A2U1/CMa, 1992 Gonsduction Manager-Adviser Edition. § 5.1.3 T'he Supplementary and other Conditions of the Contract aze those contained in the Project Mant~al dated 3/5/08 , and are as follows: Qocument TiW Pages Volume 2 Phase IV Bidding/General 113 Conditions § 9.4.4'The Specifica6ons are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of SpecificaEions exhibit: Volume I- Technieal Specifications 584 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated 2/22/08 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: 0.0 Cover Sheet ervn. CI.OA Notes C1.lA Grading and Drainage Plan C1.2A Grading and Drainage Plan C2.lA Details LAND3CAPE ~ IUA Doe~r-t R10VC1M*~ -1992. CopyriyhE ~ 1992 by The American Instihrte of Architects. All riSMs NsMV~d. WARNIN(3: Thls AIA~ Document is protected by U.S. Copyright Law and Intematfonal Treaties. Unauthorized reproduction or dlsVibution of this AIA~ Document, or any portion ot (t, ~ may result in severe civil and criminal penalties, and wili be prosecuted to the maximum extent possible under the law. Ttua document was produced / by AIA sottware at 142529 on 04/11/2008 under Order No.1000350899 1 u~ich expires on 4/3/2009, and is not for resale. kisw 119t~s: (234878569~ L1.10 Overall Site Layout Plan Ll.l l Site Layout Plan L1.12 Site Layout Plan L1.20 Grading Plan L1.2i Amphitheatre Grading Plan L1.30 Materials Plan L1.40 Tree Planting Plan L1.41 Planting Plan. L1.42 Planting Plan L1.50 Irrigation Plan L1.60 Planting Details L1.61 Irrigation Detaiis 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 ARCHITECTURAL A1.0 Restroom Building - Floor Plan (Tabde deleted) A2.0 Restroom Building - Building Sections A3.0 Restroom Building - Door & Window Details A3.1 Restroom Building - Exterior Details A3.2 Restroom $uilding - Structural Details MECHANICAL M1.0 Restroom Building Mechanical ELECTRICAL SE1.00 Site Electrical Plan SE1.01 Enlarged Plaza Lighting Plan SE1.02 Enlazged Plaza Power Plan SE1.03 Site Electrical Details SE1.04 Enlarged Plaza Lighting - Alternate #4 SE1.05 Electrical Schedules SE1.06 Electrical Schedules § 9.1.6 The Addenda, if any, are as follows: Number Date Pages . ~ Addendum A 3-12-08 38 ~ Portions of Addenda relating to bidding requirements aze not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, fornung part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Condltions provide 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.) M~ AIA DocumYnt At01/CAAaTM -1992. CopyrlgM 0 7992 by The Amedcan lnstitute of Architects. All Hghts r~ssrved. W~ARNING: This AIA~ Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproductlon or distribution of this AIA Document, or any portion of it, s may result in severe civil and criminat penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 1425~9 on OMt i/2008 under Order Na.1000350899_1 which expires on 4/3/2009, and is not for resale. UaN Notes: (2346785697) This Agreement is entered into as of the day and yeaz first written above and is executed in at least four original copies of which one is to be cielivered to the Contractor, one each to the Gonstruction Manager and Architect for use in the administration of the Contract, aml the remainder to the Owner. C1VVN6R 6fFX tJF MERIDIaN, An khho Mu ipal C {Si na ure) ~ (Printed e and titte) CONTRACTOR FraTech RooS~g, iac. ;..._-`~ ~ ""~ (Signature) Scott Lottman - President) ~~~ /~ 7~ `~~~ ~ /~a7~ ~~~~ yl -- ~-D~ Council Approval: \`,~~~~,~~~„~~-~,i,~~,~~~ Attest: ~.~~~~~'l ~ ~.q ~~~'',. •` ~ _,•~OR~4 ~ "Y ~~~ ~` ~~~ ~. : O ; ~ CE . HOL , Y CLERK F,AL ~ ~ ,~~ ti %, 9 ~r 3~'~ • ~~.~~ , ~ ~P ~ ',,''''//~~~ ~ 1I f I t 1 t f 11-~~~~~~```1,,~ Approved as to Content BY: ' KEITH S, PURC ING AGENT Dated: (O' ~L~' ~~ Approved as to Form CITY ATTORNEY ~~ A!A 00qp~-t A101/CIMETM -1992. Copyriyht m 1992 by The American InstiWte of Architects. AN rlyhb ta~v~d. WARNINCi: This AIA~ Dxument Is protected by U.S. Copyrlght Law and InternaHonal Treatles. Unauthorized rep~oducUo~ or distributton of thfs AIA Documant, or any portion oT it, 7 may result in severe civll and criminal penalties, and will be prosecuted to the maxlmum extent possible under the law. This docurtrent wa6 produCed / by AIA software at 1425:29 on 04/14/2008 under Order No.1000350899_7 which expires on 4/3/2009, and is not fo- naals. ihM ikrip: (2:l9fi785897I