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HomeMy WebLinkAboutStandard Form of Agreement with Axelsen Concrete Construction for New Meridian City HallDocument A1011CMa° -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT wade as of the 3 day of September in the year of Two Thottsattd Eight (In words, Gndicate 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) Axelsen Concrete Construction LLC 4640 Hemlock Way Nampa, Idaho 83687 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian Ciry Hall 33 East Broadway Avenue Meridian. Idaho 83642 East Parking Lot, an approximately 29.0()0 sq:ft. on grade parking lot for the new Meridian City Hall. The Construction Manager is: (Name and address) PETRA 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. ADD1T10NS AND DELEi10NS: 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~oru arml De%Uons Report that notes adder information as wail as revisior~ to the standard form text is evadable from the author and should be reviewed. A vertical Me in the left margin of tltls document traiicates where the suthar has addal necessary information and where the author has added to or deleted from the odglnal AIA text. This document has irrtpartertt legal cor~egttent~s. Consultation witlt an attorney is encouraged with respect to ds completion or modlflcatton. The 1992 Edition of AIA Doarment A201/CMa,General Conditlons of the Contract for Conswctlon, Constnrr~ion Manager-Adviser Edition, ~ adapted in this document by referenr~. Do' not use with other general conditions unless this document 1s modified. AIA Doaatrettt Ato1/CIAa~ -1992. Copyright ®1992 by The American Instdute of Archdects. Ag rtglds reserved. WAttNING: This AIA° Oocum¢rtt is ~~ protected by U.t3. CopyrlgM Law mM lm~ruiUor~l TreaZ1~. Urtauthor~d reptodudton of distrThuUon of this AIA° Dccumant, or any portion of It, 1 may remtlt In samara civil end ertminal ~naltlee, and wID be prosecuted to lira mmdmum exleM pos9fble under iha taw. Tits documem was produced / N~ at 07~O:b5 on 09/03/20 under Orc~r No.100~50899 1 whMfi expV°s on 413/29, and Is rrot for resets. l~ml 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 repeater 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 shaIl 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)September 8, 2008 § 3.Z 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 Completdon of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all labor, material, tools, and equipment to December 5, 2008 complete concrete scope of work as noted on the bid documents and per the following: Division I -General Requirements Section 02520 -Portland Cement Concrete Paving Work Limits: All work east of the valley gutter including the valley gutter, curb and drop inlets. This bid package specifically includes: • City will furnish tree grate frames to Concrete Contractor to install. • Provide all Labor, material, tools and equipment to complete tree grate, curb, concrete walks, curbs, and drop inlets. • Irrigation boxes are by the Site Contractor Schedule -East Parking Lot base bid schedule dated 8/1 lia8. 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.) AIA Document A101/CAAaTM -1892. Copyright ®1892 by The A~netioan Institute of Arohitecla. All rlghte resented. WARNING: Tht9 AIA° lJOCUtnent IB ~n~t. protected by U.S. Copyright Law and International Treaties. Urtautinlrized re~oduetton or distribution of this AIA• Dop~menl, or any portion of It, 2 mey result In severe dv8 ertd criminal pertalUea, and wftl be prosearted to the maximron extern pos9lbte under fire taw. This doarmerd tree produced j by AIA software at 07x0:55 on 091~/200a urdar Order No.1~50899_t which expGres on 4/312009, erxl ~ rrot for resale. User Notes: (~) The Contractor acknowledges and agrees that the Owuer 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 live Hundred & NO/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor aclmowledges and agrees that the amounts set forth above are a reasonable estimate of the damages drat 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, aad 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, inequity 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 Twenty Eight Thousand Seven Hundred Twenty Dollars &. NO/lam ($28,720.0, subject to additions and deductions as provided in the Contract Documents. § 4.Z The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is (Paragraphs deCeted) valid.)None § 4.3 Unit prices, if any, areas follows: Df~criptlon Unit Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Sased 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 Ma»ager not later than the 25th day of § 5A 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 supporter by such data to substantiate its accuracy as 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 a month, the Owner shall make payment to the Contractor not later than the 2 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. § 5S 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 Init. AIA Document A101/CIAa*a -1!!92 Copyright ®189'1 by The American Institute of Arcldtacts. AO -19hts reamv~. WAftNUVG: Thls AIA~ Ooeumerd la protected ly U.S. Copyright Law and Imematlorml Trestles. Unauthorized f~roduetlon ~ dl~ibutton of this AIA~ ooeumem, w any poAlon of It, 3 may result In severe clvii and crimlr-al penalties, and wig fle proseeut~ t0 ~ Rurximtarr ehte>tt posslOle under flat law. Thts doaarrem was produced No at 07:55 on O9t03/2~8 under Order No.19 1 which expires on 4/3/2009, and is not for resale. `~~~~' § 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 § 5.6.4 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 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 recofnmends 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. § 5.8 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 inserted in Sections 5.6.1 and 5.6.2 above, and this is not esplained elsewhere in the Contract Documents, insert here provisions for such rducaion or limitation.) ARTICLE 8 FINAL PAYMENT , Final payment, constituting the entire unpaid balance of the Contract Sum, shall (ie 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 fatal 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 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 AIA Dowment A701/CMa~ -1882 Copyr~M ®7992 by The Ammicen Inetlwte of Archlt~. AU rtgtns reserved. WARNING: This AtA° Documerq Is Init. protected by U.SS. Copyright Lew end Intemetlorral Trestles. Unauthorized reproductlon or dlstrUsutlon of this AIA° DoevmeM, or any portlon of it, 4 may n3suit In severe e1v0 artd crlmhrel penatttes, and v/1U bB prosecuted to the maximum extent possible undue the levy. This docaxrrent eras produsx3d ~ User Notes: ~ 07~:55 on 09/03/2008 under Order Na 1000350889 1 which expires on 4/3!2009, and G rxd ~r resale. tom) (Usury laws and requirements under the Federal Truth do 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 a„ J`ect the validity of this provision. Legal advice should be obtained with respect to deletions or modif cations, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: {Here insert temporary facilities and services which are di,~`erent from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions a,~`ecKng 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 A201lCMa, 1992 Construction Manager-Adviser Edition. I § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 8/11/08 , aad are as follows: Document Pages Project Spermcations °~`~~rbjl~ Specifications 86 § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and ac9e as follows: (Either list she Specifications here or refer to an exhibit attached to this Agreement.) {Table deleted) Project Specifications dated 8/11/08 § 9.1.5 The Drawings are as follows, and are dated 7-27-07 unless a diffett;nt date is shown below: (Esther list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: (Table deleted) 0.0 Cover Sheet Civil C 1.0 Notes C 1.1 Parking Lot Grading & Drainage C 1.2 Alley Plan and Profile C1.3 Stormwater Calculations C2.1 Irrigation Design AIA Dootarlant A101/CIIAs"' -1892 Copyright ®1!182 by The American Institute of Archlt~is. A8 rlgMs reserved. wARNINfl: This AIAO Document is Inlt, protected by U.S. Copyright larr and I~rnadonel Treaties. Unauthorized -aproductton or distribution of ttds AIA• Document, ~ arty portion of It, 5 may result In severe eivQ and critnfna! pensitl~. and wW be proaeeuted to the maximum extent posalble under the !arr. This document was produced N~ eat 07:55 on 08/Qi/2W8 under Ordar No.1~0350899 1 whlt~ expUes on 413f20~, end is not tar rate. l8' C3.1 Dimension Plan C4.1 Details C4.2 Details C5.1 Erosion and Sediment Control Plan Landscape L1 A Materials, Planting and Irrigation Plans Ll.l Planting Details L1.2 Irrigation Details Electrical EPE 1.OOEast Parking Lot Electrical Plans EPE 1.01 Site Electrit~l Details EPE3.OOElectrical Schedules § 9.1.6 The Addenda, if any, areas follows: Number Addendum 1 Date August 21, 2008 Pages 4 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. § 8.1.7 Other documents, if any, foaming 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.) 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 CITY OF MERIDIAN, An Itiah unicipal Corporation (Signature) CONTRACTOR w~~ CCWCRETE C4NSTRUCTI~V.LLC ~... Q .e,~._._. t~._ (Signature) ~~ .. ( (~ tc•e ~n mwn A Q r Paud Axelsen, Owner {Row deleted} Council Approval: ~-D~' Q~ ``,`I„u u u r u t~~~~~'' Attest: aria -; SEAL JAYC L. HOLMAN, CITY CLARK ~ ~ .---,yQ~ ~1' Est P.rp ``~`. rr rnrntlH Approved as to Content BY: KEITH pS, PUR pS~ING AGENT Dated: L ~~~~~C/ Approved as to Form CITY ATTORNEY AIA Document A101/CMa^r - 7892. Copyright ®1992 bl- Tlxi American Institute of Architects. A!I rights reserved. wARN1Nt~i: This AIA~ Document is f~' protected bll U.S. Copyright Lair end trdernatiorlal Treaty. Unauthorized raproductlon or distrtbtrtlon of this AIA® Daeumem, or erry portion of If, may result In severe civ8 end crimhrai penelges, end wtg be prasewted to the maximum extent posstbie under the law. This dot:umem was produced / by AIA software at 07x0:55 on09/03/2009 under Order No.1000:ib0898 1 which expires on M3/2009, and is not for resets. Usk lVot~: (9393839)