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HomeMy WebLinkAboutStandard Form of Agreement with ABM Janitorial for New Meridian City Hall6AIA Document A1011CMa"m-1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 6 day of August in the year of Two Thousand Eight (In words, indicate day, month and year) BETWEEN the Owner. (Name and address) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 and the Contractor. (Name and address) ABM Janitorial 10221 W. Emerald Street, Suite 120 Boise, Idaho 83704 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi -story city hall office building with a basement. The Construction Manager is: (Name and address) PMA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. AOOMONS 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 AdMons and Deletions Repartthat 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 necessary information and where the author has added to or deleted from the original AIA text. This document has imporlart legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The 1992 Edition of AIA Document A201/CMa,Genera1 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 modified. AIA Document A101/CI1a*" —1884. Copyright ®1992 by The American Institute of Architects. All rights reserved. INAMMIG: This AW Document Is InlL protected by U.B. Copp%td Law and U tanuttiomml Trestles. Unauthorized reproduction or dial rQuillan of this AW° Document, or any portion of IR may result In severe civil and criminal penalties, and wM be prosecuted to the maximum extent posstbto under the law. This document was produced / by ALA software Notes at 14*6:04 on 0811512008 under Order No.1 W03b0889 1 wtdch expires on 40PAM, and is Trot for resale. 742674) 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 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 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 date of commencement is the date from which the Contract Time of Section 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)March 15, 2008 § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ) 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 Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Provide all labor, material, tools and equipment to complete the construction final cleaning as noted on the contract documents and described as follows: Division I — General Requirements Section 01770.30 — Final Cleaning The scope of work includes the interior final cleaning of the entire interior space. • The interior cleaning shall be accomplished in three phases. o Phase I — Cleaning and dusting for paint touch-up. Clean and wipe down all surfaces. Wax all VCT flooring and mop other hard surfaces. O Phase II — Wipe down all surfaces for punchlist. o Phase III — Second cleaning of all floors, including vacuuming of all floors for move -in. • Window Cleaning to be done as follows: o Interior. Phase I o Exterior: Phase III • Completion Schedule: o Phase I — August 22, 2008 O Phase II — August 29, 2008 O Phase III —October 10, 2008 Substantial Completion date Phase I - August 22, 2008 Phase II — August 29, 2008 Phase III — October 10, 2008 AIA Document A181/CMa- —192. Copyright ®1892 by The American Institute of Architects. AD 9910 resenred. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treatim Unautlrorized reproduction or distritrutton of this AIA• Doc mars. or any portion of It, 2 may resldt in severe elvg and criminal penelties. and wm be prosecuisd to the maximum extent possible under the law. This document was produced UsALA software er Notesat 14:0:04 on 08/15/2 8 under Order No.10o1I350898 1 which expires on 413/2009, and Is not for reselo. (343742674) Actual durations and sequencing to be determined by mutual agreement between Construction Manager and Contractor. , 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 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 & N0/100 Dollars ($500.00) per calendar 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 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 completion shared 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 § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Thirteen Thousand Dollars Nine Hundred Dollars & NO/100 ($13,900.0, subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLES PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications 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 Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manajer 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 be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment 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 various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as AIA Do=nent A101JCN1Q- —199L Copyright ®1992 by The American Institute of Arnhitects. Ali rights reser. WARNING: This AIA' Document Is Inst protected by U.S. Copyright Law and bltenmational Trestles. unautkortred reproduction or dla UMan of this AIA° Document, or any ponlon of 1% may result In severe civil anmd criminal penalties, mud will be prosecuted to the nwimum extent Possible under @te law. This document was produced / by AIA software at 14:8:04 on MlSJ2008 under Order No.1 0003508991 which expires on 4AMN, and Is not for resale. Usar Notes: (343742874) the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications 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 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 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 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; § 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 Subtract the aggregate of previous payments made by the Owner, and § 5.6A 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 Section 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 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 9.10.3 of the General Conditions. § 5.6 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 inserted 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 PAYMENT 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 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 after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE? 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. AIA Dowanent A101=9- —1892. Copyright ®1992 by The American Institute of Architects. AU rights reserved. WARNING: This AIA° Document Is InIL protected by U.B. Copyright Lew and bUernatlonal Treatise. Unauthorized reproduction or dh&Mutlon of this AIA° Document. or any portion of It, may result In severe chin end erimlnal penalties, and w111 be prosecuted to the mm brown indent posstbhe under the law. This document was produced / by AIA software at 14:68:04 on 08/15/2008 under Order No.1000360899 1 which expires on 4/3/2009, and is not for rule. User Notes: (343742874) § 7.2 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 of interest agreed upon, if any.) ( Prime +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 qTect 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.) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are differentfrom or in addition to those included elsewhere in the Contract Documents.) § 7A Other Provisions: (Here list any special provisions gfjecting the Contract) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 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 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/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 7/1/08 , and are as follows: Document Title Pages Project Specifications Project Specifications 70 § 9.1.4 The Specifications are those contained in the ftject 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.) (Table deleted) Project Specifications dated 7/1/08 § 9.1.5 The Drawings are as follows, and are dated 7-27-07 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: AIA Doctanent A181/Ct#aIM—1892. Copyright 01992 by The American Institute of Archrawls. All rights reserved. wARMNM This AU1e Doeument Is Intl. proteeW by U.S. Copyright Law old lMermatloimt Treaties. Ind reproduction or distribution of this A10 Doaumem, or arty portion of It, 5 may result in severe civil and Criminal penaltles, am! wig be prosecuted to the maximum extern possmte under the law. This document was produced / by AIA software at 14x9:04 on W15/2= under Order No.1000350899 1 which expires on 4/3/2009, and Is not for resale. User Nhtee: (343742574) (Table deleted) § 8.1.6 The Addenda, if any, are as follows: Number Addendum 1 Date Pages July 16, 20087 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 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are distended to form part of the Contract Documents. The General Conditions 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.) Attachment A 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 Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CONTRACTOR CITY OF MERIDIAN, An I unid ral Corporation trial (Si re) 'gnature) John L. Lyon, District Manager (Row deleted) Council Approval:CA: n u u+++++ Attest: TFp r JAYC L. HOLMAN, CITY CLFER cp O T'gt ', � Approved as to Content 2/.0,000527 BY: KEITH WATTS, PURCHASING AGENT Dated: �?' 11—e a Approved as to Form CITY ATTORNEY AIA DocumentA101/CU@= —1882 Copyright 01892 by The ArnericanInstitutectArchitects, Ail rights reserved. WARNING: This AIA° Doewrront Is INt protected by U.B. Copyright Law and International Treatise. Unauthorized reproduction or dist ution of this AIA° Document, or any portion of It, ma6 y result In severe civil and arhnfnal penalties, and will be prosecuted to the mazinaun anent possible under tiro law. This document was produced / by AIA software at 14:58:04 on 08/16!2008 under Order No.1000360899 1 which expires on 4412009, and Is rot for resale. User Notes: (343742674) / L (Table deleted) § 9.1.6 The Addenda, if any, are as follows: Number Addendum 1 Date Pages July 16, 20087 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 Other documents, if any, forming 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 Conditions 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.) Attachment A 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 Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. •rCT',RT:�J CITY OF MERIDIAN, An Idah unicipal Corpoiration (Si re) (Row deleted) Council Approval:_ Attest: JAYCE, L. HOLMAN, CITY C CONTRACTOR rial 'gnature) John L. Lyon, District Manager `V0"i111111111 �/I,,I' rFo ti ,, lD O T ISA. ZO ''�hrrrrrr„ „HH►►``'`` Approved as to Content BY: 00, 7 410gi�� KEITH WATTS, PURCHASING AGENT Dated: //— Approved as to Form CITY ATTORNEY AIA Document A101/CA1aym —1892. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is lam' protected by US. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, 6 may result In severe civil artd criminal penaines, and will be prosecuted to the n odmm, extant possible under the law. This document was produced ! by AIA software at 1458:04 on 08/15/2008 under Omer No.1000350889 1 which expires on 4/3/2008, and Is not for resale. User Notes: (343742874)