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HomeMy WebLinkAboutStandard Form of Agreement with Tri-State Electric for New Meridian City HallDocument A101/CMa" -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 3 day of September in the year of Two Thousand Eight (/n 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) Tri-State Electric, Inc. 7790 Mossy Cup Boise, Idaho 83709 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 East Parking Lot, an approximately 29,000 sq.ft. on grade parking lot for the new Meridian City Hall. The Constntction Manager is: (Name oral address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Arrchitect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. ADDITIONS AND DELE710NS: The author of this docturlerlt has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An AddltJor~ and Deletions Report that notes added Wormation 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 ind'xates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. Thy documenrt has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modift~ation. The 1892 EdRlon of AIA Dotwrnent A201/CMa,Gerteral Conditions of the Contract for Constnrction, Construction Manager-Adviser Edition, Is adopted in this document by reference. Do riot use whit other general conditions unless this document is modified. AIA Docuntettt A101/CMe~" -1982. Copyright ®1992 by The Amerh~n Institute of Ardtitects. Ag rights reserved. WARNINfl: ThIe AIA° Doeumem Is init. protected by U.S. Copyright Lew end Interrtador~al Treaties. Unauthorised reproduction or distrltwtlon of tttls AIA° Ooeumem, or any portlon of It, ~ may result In severe civil end criminal penaltlea, amt win be prasBCtrted to the maximum extent possible under Ilia law. This document was produced / User Nom: eat 07:44:b8 on 09/03/2008 under Order No.101103t>Da3s9 1 which expires on 4/3l2~9, end to not for resale. (29536'21539) 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)September 8, 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 c{Jter 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.) Poirtlon of Work Substarttlal Completion date This bid package specifically includes: December 5, 2008 Furnish and install all electrical systems as pre plans and specifit~tions. Schedule: Fast Parking Lot Base Bid Schedule dated 8-11-08 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 & NO/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible patties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or ren-edy is under law, in equity or under Contract Documents. AIA Document A101lClAeTr -1982. CcpyrigM ®1892 by The Amer&:an Institute of Architects. AU rights reserved. WAtiNlNGi: This AIA~ Document le (nit protected by U.B. Copyright Lew mid Ir-temetionai Trestles. Unauthorized reproduction or dlstrlbutlon of this AIA~ Document, or airy portion of it, 2 may result In severe dvU mn! eriminel peneltle9, end will be prosecuted to the maximum extern poseatie under the lew. Tills docurrrem was produced ~ by AIA saltware at 07A4~9 on 09/03/2008 under Order Na1000350899 1 which expUes otl 4/3/20, and is rtot tar resale. User Netes: (2353621539) ARTICLE a caNTRACT suM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Sixty Seven Thousand Five Hundred Forty Dollars & 00/100 ($ 67,540.00), subject to additions and deductions as provided in the Contract Documents. § 42 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 one 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 deleted) valid.)None § 4.3 Unit prices, if any, are as follows: Descript~n Units Puce (S 0.00) ARTICLE 5 PR~RESS 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'aad elsewhere in the Contract Documents. § 52 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 Malta~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 faced above, payment shall be made by the Owner not later than Thirty (30) days after the Construction Manager receives the Application for Payment. § 5A Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in aceordance 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 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, lei 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 Stun 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 ( ); InIL AIA Doeuntent A101/Ctita"r -1892 Copyr~M ®188'1 by The American Irudihita of Arch@acfs. All r~hts reserved. WARNINB: This AlA' Oomanent is protected by U.Sf. CopyrlgM Law end bit8rnatioM) Treaties. UruiutlmAied repralutllOn of distribution Of this AlA° Doaorretd, Ql mry portion of It, may result In Sevme dvu end erimlrml penalties, end wltl be pro:teeuted to tt~e maximum extent possible under the law. This document was produced / by ALA sollvrare at 07A4:58 on 09A>;i/2008 artier order No.1000350a99 1 wFdch expires on 4P3/2008, and Is rxrt for male. UBer NOS: (2353627638) § 5.8.3 Subtract the aggregate of previous payments made by the Owner; and § 5.8.4 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 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. § 5.8 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 5.61 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or lamitatwn.) ARTICLE 8 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 perform 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 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 (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 a,(f `ect the validity of this provdsion. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures ar 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.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) Init. ~ Document A101/CAAaTM -1~2. Copyright ®1992 uy 7'he American Institute of Architects. A8 -tgtds reserved. WARNINQ: This AlA° Doctmtertt la protected tJy U.s. Copyrigm yaw and IrUematiaimt Treaty. Ur~uUtorizea reproduction or distrbution of this AIA° Documem, or emr portion of It, 4 may result in severe chill and crbninel penalties. and wiq be proseeutad to the ma>dmum extarU posaibla uruiar the law. This documerd was produced by AIA software 8t 07:449 on 09/03/2008 under Order No.1000350899 1 which exptr~ on 4/3/09, and Is r:ot for reels. User Note3: (~~1~) ARTICLE 8 TERMINATION OR SUSPENSION § $.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 QOCUMENTS § 8.1 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. § 8.1.Z The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 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 ,and are as follows: Document Tltl® Pagi~ Project Specifications Project Specifications 86 § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Spec4 fications here or refer to an exhibit attached to this Agreement.) (Table deleted) Project Specifications dated 8/11/08 § 9.1.5 The Drawings arse 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: (Table deleted) 0.0 Cover Sheet Civll 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 C3.1 Dimension Plan C4.1 Details C4.2 Details C5.1 Erosion and Sediment Control Plan Landscape L1.0 Materials, Planting and Irrigation Plans Ll.l Planting Details L1.2 Irrigation Details Iglectrlcal EPEI.OOEast Parking Lot Electrical Plans EPE1.01 Site Electrical Details EPE3.OOElectrical Schtxiules AIA DOeumertt A101lCNIa~ -1982. CopyrlgM ®1992 by The American InstlUde of ArchRacfa. All Nghb resenasd. WARl~ONHti: Tfli9 AU1° Docunrer>t Is Init protecmd by U.St. Copyright Law atM Inter~tional Treaties. Unauthor[;rod reproducuon or dlatrnuAton of tlfls AIA° Dowmem, or arty portlon of It, 5 may result bt se~rere c-v8 and orhrdrml penalties, mM will he prosecuted to the maximum extent possible u the law. This document was produced / by AIA software a<07:44:58 an 09!03/2008 under Ober No.t000350899_1 which ezplres an 4!312009, aril le rrot for resale. Usm Notes: (2353821539) § 9.1.6 The Addenda, if any, are as follows: Number Addendum 1 Date Pages August 21, 2008 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. § 9.1.7 Other documents, if any, forming part of the Contract Documents areas follows: (List 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 Instructions 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 part of the Contract Documents.) This Agreement is entered into as of the day and year fast 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. OYYNER CITY OF MERIDIAN, An Idaho dpal Corporation (Signature) (Row deleted) (} Council Approval: / ~ ~- ~~ CONTRACTOR TrI-State Electntc, Inc. 2tsa ! ~ ~ e ~ ~~_„ L (Si re ~7~ies Attest: ~. ~'~~ ~4,~,'%, ~~''~_ _,rF ,. o - JAYC . HOLMAN, CI C~.ER AL ,'~~rllllllt I111111~~, Appro~ t ntent BY: KEIT A , PUR ASING AGENT Dates: 9- ~ i - v8 Approved as to Form CITY ATTORNEY Intl AIA DaCtanent A101lCf~*r -1882 COpyrigM ®1892 by The Amer~en InsBdlte of Arch~is. All rights reserved. iI~ARMNO: This AIA~ DOeumerlt t9 protected by U.s. Copyright haw and tMernatiollal Treaties. Unauthorized reprodudial ~ disbibution of this AIA Dogal>etlt, a airy portion of ly may result in severe dva and criminal penalties, alM wia be prosecuted to the maximum erdellt possible ulld~ the law. This dopuneM was producred / by AIA software at 07:44:59 on 09V03/2008 under Order No.1000350899 1 whkfi exptrea on 4/3I2D~, and Is net br resale. Use Notes: (2353821539)