HomeMy WebLinkAboutStandard Form of Agreement with KB Fabricating & Welding, Inc. for New Meridian City Hall~ ~
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-•_ - ~ Qocumen~ A101/CI~a -1992
-____ _. ---
.~
S.~andard Form of Agreement Between Owner and Contractor
wliere-the basis of payment is a STIPULATED SUM
AGREEMENf .~
made as of the day of in the year of
(In-words~:'indicate da,y; ;mo'nth and year)
~, ~o ,. ~ ,. ;}
BETWEEN the Owner:
.(Name and address) ~
CITY OF MERIDIAN '
33, East~'Idatio Avenue .
1Vleridian, Idaho 83642-2300
and.the~Gontractor:: ~
(1Vame and address)' ~ • ~ •
KB Fabrication & Welding Inc.
1970 W. Fnanklin Rd.
Meridian; I'daho 83642
For tkie following Pioject: •
(Inelude detailed description of Project, location; address and scope.)
New Meridian City Hall
33 East Broadway Avenye
Meridian; Idaho 83642
I An agproximately 10U;00U square foot, mulU-story city hall office building with a
basement.
T'he Consfruction Manager. is:
(Name and'address) ~
PETRA INCORPORATED
1097'N. Rosario Street , -
Meridian; Idaho: 83646 '
T-ie Architeet:is; ,.i; .,..,,
(Name and'address).;~.,
LCA ARGHITECTS, P.A.
~ 1'221~ Stioreline~Lane
Boise; Idaho 837,02
TheOwner=.and,Contractor agree as set forth below.
°,
- . ~ . , , .- P~1~
ADDITIONS AND DELE110NS:
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 Add'ttions and
Deletions Report that notes added
infortnation 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.
The 1992 Edition of AIA Document
A201/CMa,General Conditions of
the Contract for Construction,
Construction Manager-Adviser
Edition, is adopted in this document
by reference. Do not use with other
general conditions unless this
document is mod'rfied.
Init ~ Doeument A101/CNIaTM-1992. Copyright a 1992 by The American Institute of Architects. All righb reserved: W~ARNING: This AIA~ Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or disVibutlon of this AIA Document, or any portlon of it,
' may result in severe civil and criminal penalUes, and wlll be prosecuted to the maximum extent possible under the law. This document was produced
/ by AIA software at 16:31:16 on 12/18/2007 under Order No.10002951'11_1 which expires on 4/M2008, and is not for resale.
User Notes: (1526433894)
ARTICLE 1 THE CONTRACT DOCUMENTS
Tlie, Conttact Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditioris), 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
integiated 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 Contract Documents, except to the extent specifically
~• ind'icated in,the ContracGDocuments to be the responsibility of others, or as follows:
:. ~ ,~_. >' . .
~ ~;
: ; . ;., ,,
~ i -ARTICLE 3,.•DATE OF,-COMMENCEMENT AND SUBSTANTIAL COMPLETION
- ~§~3:1 Ttie•date'of. commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be
--the date=.of'this~Agreeinent,~ as first written above, unless a different date is stated below or provision is made for the
~ dateAfo'be~fxed in a'nouce to proceed issued by the Owner.
, . ... _ , .
' ~' (P"a'ragr'aphs deleted)1Vlarch 15, 2008
~.';~. , s . s .
I§ 3.2YThe Contracfor• shall achieve Substantial Completion of the entire Work not later than ) days after the Date
~' of Comm ncement:"
flnsen tke~calendar date or number of calendar days after the date of commencement. Also insert any requirements
fo'r earlie`r. Substantial Completion of cenain ponions of the Work, if not stated elsewhere in the Contract
~ Documents:) ;. ,
. _ _ .., .•~~ _ _ .
Por-tion of Work Substantial Compietion date
, P1'UV~de ~ all •steel., and miscellaneous metal July 15, 2008
.-fabricationsas.noted on. the bid documents, and per
: the; followinga . -, --_ _
' ~Di'vis-on I = General~ Requirements
S'ect~on 05500 - Metal Fabrications
,~ . \
Section 05510 -becorative Metal Railings
Section 09912 - Painting (as applies)
*Painting includes powder coating of uellis and
ornamental iailings.*
, 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.)
The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to
quantify if tfie 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 iis surety, if any) in an amount of Five
Hundced & 1V0/1~00 Dollars ($500.00) per calendaz day, for each calendar day of delay until the Work is
substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable
estimate of.tfie damages that will likely be incucred 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 responsibiliry for a delay in substantial
completion shared by the Contractor and others, Owner may reasonably apportion the damages between such
responsible pacties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or
AIA Document A101lCMaTM -.1992. Copyright OO 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document fs
Init. protected by U.S. Copyright Law and International Treaties. Unauthortzed reproductlon or dlstribution oi this.AlA~ Document, or any portion of it, 2
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced
/ by AIA software at 16:31:16 on 12/18/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale.
User Notes: (1526433894j
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
§:4.1 Ttie Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract Sum of One Hundred Thirty Thousand Four Hundred Fifty Dollars & NO/100 ($130,450.00), 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 the numliers or other identification of accepted alternates. If decisions on other alternates are to be made by
"the Owner s,ubsequent, to.the execution of this Agreement, attach a schedule of such other alternates showing the
amount for. eacfi~and the date until which that amount is
(Pa'ragraphs deleted)
valid.)Deduetive Alternate #4 = To be decided by end of February 2008 - Deduct $98,250.00
$:4:3 Unit pnces ~if ;any; aze as follows:
Description Units Price ($ 0.00)
. . ~ti. . .. . .~ .
;
ARTICLE 5 PROG~RE8S,.PAYMENTS
§'5.1; Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon
Project Applications and Certif cates 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 Gontcact Documents.
§ 5.2 Ttie period covered by, each Application foF Payment shall be one calendaz month ending on the last day of the
month,. or as follows:
_.,... .
_ i
§.5.3 Provided: an Application for Payment is submitted to the Consuuction 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 Fayment is received by the Construction Manager after the application date fixed above, payment
st1a11 be made by t1ie. Owner pot later than Thirty ( 30 ) days after the Construction Manager receives the
Application. for Payment.
.. ,
§ 5.4'Ea¢h Application for Paymene shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the
vanous portions of the W.ork; and be prepazed in such form and supported by such data to substantiate its accuracy as
.. J.~+
the Construction 1VTanager or Arc'hitect may require. This schedule, unless objected to by the Construction Manager
or Arehitect, shall be used as a basis for reviewing the Contractor's Applica6ons for Payment.
§,5,5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment.
§ 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed
as„follow,s: ,, , ,
~a~;~w; ~ :,>~ -_. . _ .~ ~
~,: ..::_:, : ," -_ i
§ 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 by the share of the total Contract Sum allocated to that
portion o€the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final determination
of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of
the General Conditions;
Init a~ Dxument A101/CMeTM -1992: GopyNght OO 1992 by The American Institute of Architects. All rlghb reserved. W~ARNING: This AIA~ Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrlbutlon of this AIA Document, or any portion of it,
may result In severe clvil and crlminal penalties, and wlll be prosecuted to the maximum extent possible under the law. This document was produced
/ by AIA software at 16:31:16 on T2/18/2007 under Order NoJ000295111_1 which expires on 4/4/2008, and is not for resale.
User Notes: (1526433894)
§ 5.6.2 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, 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:Subuact the aggregate of previous payments made by the Owner; and
§'S,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 progiess payriient amount determined in accordance with Section 5.6 shall be further modified under the
following circumstances: t
•_~ : ~ t ~ .-. -- ~
§ 5:7.1 Add, upon Substanti'al 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 determines 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 9.103 of the General Conditions.
§ 5.$ Reduction or limitation of retainage, if any, shall be as follows: ~
(If if is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentdges inserted in Seetions 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract
Documents, insen here proyisions for such reduction or limitation.)
ARTICLE 6 FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contracfor when (1') the ConCract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Section 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 affer the issuance of the final Project Certificate for Payment, or as follows:
_ , . x . -,_ _ , .
,. .,
ARTICLE 7 MISCELCANEOUS PROVISIONS
§ 7.1. Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers fo that provision as amended or supplemented by other provisions of the Contract
~ .~ .;,: _
Documents.
.t, , -
§ 7.2 Paymenfs'due and`unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below; or in the absence ttieieof, atrthe legal rate prevailing from time to time at the place where the Project is
located. ' ~
(Insert rate of interest~agreed upon, if any.)
.~t ~ ~ _ :,.
{ Prime +2% ) per annum
(Usury~laws, and: requirements under the Federal Truth in Lending Act, similar state and local eonsumer credit laws
and ot/ier, 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
modificafioris: dnd 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 included elsewhere in
the Contract Documents.)
AIA Document A101/CMaTM -1992. Copyright OO 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is
Init. p~otected by U.S. Copyright Law and Internatfonal Treaties. Unauthorized reproduction or distribution of this AIA~ Document, or any portion of it, 4
may result in severe civil and crlminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
/ by AIA software at 16¢31:16 on 12/18/2007 under Order No.1000295111_1 which expires on MM2008, and is not for resale.
User Notes: (1526433894)
§,7.4~Other Provisions:
(Here lisf any special provisions a,~`'ecting the Contract.)
ARTICLE 8 TERMINATION OR SUSPENSIOM
§:8:1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
§.t,8:2 The Work may be sus'pended by the Owner as provided in Article 14 of the General Conditions.
ARTlCLE 9 ENUMERATION OF GOI~TRACT DOCUMENTS
§•9.1 The Contract.Dbcuments, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
§;9.1~.1 The Agreement is this executed Standazd Form of Agreement Between Owner and Contractor, AIA
DocumencA101~/CMa, 1992 Construction Manager-Adviser Edition.
§ 9:1':2 The General Conditions. ate the General Conditions of the Contract for Construction, AIA Document
A20i/CMa, 1992 Construction Manager-Adviser Edition.
§, 9.1.3 The Supplementary and other Conditions of the Contract aze those contained in the Project Manual dated ,
and are as follows:
Document Title Pages
I Volume 2 Phase IV Bidding/General 98
Conditions
§,9:1°.4 The Specifications a~e those contained in the Project Manual dated as in Section 9.1.3, and are as follows:
(Either list the Specifica[ions here or cefer to an exhibit attached to this Agreement.)
Title of; Specifications exhibit:
(Table.,deleted)
Voluine I- Techni¢al Specifications 904 pages
§; 9.1.5 T'he Drawings are as follows, and are dated 7-27-07 unless a different date is shown below:
(Either list the Drawings hexe or refer to-an exhibit attached to this Agreement.)
Title of Drawings exhibit:
ARCHI~TECTURAL
0.0 Cover Sheet
C1,OA Notes
C1.lA Grading and Drainage Plan
C2.lA DeCails
Ll'10 Qverall Site Layout Plan
Ll~.l l Site I;ayout Plan
L1.12 Site Layout Plan
L1.20 Rough Grading Plan
-
L1.21 .: ~
<
Amphitheatre Grading Plan
L1.3U Materials Plan
I.1.40 Tree Planting Plan
L1.41, ~1'anung Plan
L1.42 Planting Plan
L1.50 Irrigation Plan
L1.6U Planting Details
L1.61 Imgation Details
f11i6 aA DocumentA•101lCMaT~ -1992. Copyrighb O 1992 by The American Institute of Architects. Allrights reserved. ~ARNING: This AIA~ Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portlon of it, 5
may result in severe civil and criminal penalUes, and wlll be prosecuted to the maxlmum extent possible under the law. This document was produced
/ by AIA software at 16:31:16 on 12I18/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale.
User Notes: (1526433894)
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 Featare Details
Ll_69 Canal Water Featwe Details
L1.70 Trellis Details
.
L1.71 ,
Trellis Details
A1.0 Restroom Building F7oor Plan
A2.0 Restroom Building - Building Sections
A3.0 ~ .s~-<. - - ,
Restroom Building - Door & Win. Details
A3.1 Restroom Building - Exterior Details
A3.2 Restroom Building - Structural Details
1VI1:0 ' ~ ~ _ ,y - q~ ~ _a; ~..
Resfroom Building Mechanical
SE1.00 Site Electrical Rlan
S#1.Q1 Enlarged Plaza Lighting Plan
SEl_02 '` EnlargedPlaiaPowerPlan
SE1;03 Site Electrical Details
SE1.04 EnlargedtPlaza Lighting Plan - Alternate #4
SE1.05 El`ec[ricaFBchedules
SE 1.U6 Electrical Schedules
~ (Table deleted)
§ 9.1.6 The Addenda, if any, aze as follows:
Number Date
Addendum A November 20, 2007
Addendum A prawings:
CT.1A Grading and Drainage Plan
L1.10 Overall Site Layout Plan
L1.20 Rough Grading Plan
L1.30 1Vlaterials Plan
L1.40 Tree Planting Plan
L1.41 Plan6ng Plari '
L1.42 Plan6ng Plan
L1.50 Imgation Plan
LT:70 Trellis Detail
L1.71 Trellis Details
Pages
14
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements aze also enumerated in this Article 9.
§ 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List here any additional documents which are intended to form paK of the Contract Documents. The General
Conditions prov.ide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders,
sample form,s, and the Contractor's bid are not part of the Contract Documents unless enumerated in this
Agreement. Tliey should be listed here only if intended to be pan of the Contract Documents.)
I Atfachment. E1
AIA Document A101/CMaTM -1992. Copyrlght O 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is
117it. protected by U.S. Copyright Law and Internatfonal TreaUes. Unauthorized reproductlon or dlsVlbution of this AIA~ Document, or any portion of it, s
may result in severe civil and crfminal penaltles, and will be prosecuted to the maximum extent possible under the law. This document was produced
/ by AIA software at /6:31:16 on 12/18/2007 under Order No.1000295111_t which expires on 4/M2008, and is not for resale.
User Notes: (1526433894)
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 delivered to the Contractor, one each to the Conswction Manager and Architect for use
in ttie administra6on of the Contract, and the remainder to the Owner.
OWNER
~I1`Y OF MERIDIAN,
An Ida cipal C rpora 'on
~
f
~~natur'e,)
(Printed'na and_title)~
Approued 6y_ Council: ~ 2~ ~ ~-~~
Attest:
J~y~~e ~1~olmu.v~
Approved as to Content
CONTRACTOR
KB F 'on & din
~
(Signature) 9~`F'l . ll~
~~~ r~~ ~~~
(Printed name dnd title)
`•~,~
,~:~~~ Of M~T/~y9'~..
.
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;"ITY LE L =
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'''•., 9 ~3T ts'~ • 1' ~~~`~
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''','~~~~''~~n,~ r ~~ ~ ~ ~.~o~rr`~~``\,
BY: / _ /,~
KEIT TS, P'URRCHASINNG AGENT
Dated: 7 ' 3 " ~~
Approved as to Form
CITY ATTORNEY
(~~t AIA Document A101/CMaT"" -1992. Copyright O 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is
protected byU.S. Copy-ight Law and lnternational Treaties. Unauthorized reproductlon or disV(butlon oi this AIA~ Document, or any portion of it,
may result In severe clvll and criminal penalties, and will be prosecuted to the maximum eztent possible under the law. This document was produced
/ by AIA software at 16:31:16 on 12/18/2007 under Order No.1000295i11_t which expires on 4/4/2008, and is not for resale.
User Notes: (1526433894)
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