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HomeMy WebLinkAboutStandard Form of Agreement with Sunshine Landscape for New Meridian City Hall_ Document A101/CMa~ -1992 Standard Form of Agreement Befween 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 (In words, indicate day, month and year) BETWEEN the Owner. (Name and address) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-230(1 and the Contractor: (Name and address) Sunshine Landscape, Inc. P.O. Box 724 Meridian, Idaho 83642 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.fL 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: (Nome and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. ADDIT10N9 AND DELETIONS: The author of this document has added information nm3ded for its completion. The author may also have revised the text of the original AIA standard form. An Addftlons anal De/etlons Report that notes added information as well as revisior~ to the standard form text is aval~able 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 tact. This document has important legal consequences. Consultation with an attorney is encxuraged with respect to fts completion or modification. The 1992 Edidon of AU1 Docwreant A201/CfiAa,General Comfifions of the Contract for Construction, Construction Manager-Adviser Edltfon, is adopted in this doclunent by reference. Do root use with other general conditions unless this document is modified. INt AIA t A101lClifa*^ -1982. Copyright ~ 1982 by The American Inatlhrte of Architects. All rights reserved. WARNING: This AIA° t?acumertt m protected by U.S. Copyright Levy arM Internatiorrel Treattae. Unautteml~d re~oduotlon or dlstriWglon of thb AU1° Doeumael, ~ any portion of lR may result In severe dvU and d'iminai penenlw, a~ witl De ptoseat-tee! to the mexlmeml exteen poasiDte urrdar the Inver. This document aas produred / ~ Notes: 8t 07:47:09 on 09/Q3/2008 wrier Order No.t000350899 1 which expires on 4/3/2009, and is root for resale. (~17ti6021~ 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 fast 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, 2408 § 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 Substantial Compl®tion dat® This bid package specifically includes: December 5, 2008 • Tree grates will be famished by the City and Contractor installed. • Provide and install site furnishings including planter pots. • Provide and install where noted, all concrete pavers set in sand setting bed. • Provide all sleeves where required for irrigation piping to pass under walkways, patios, and other improvements. • Provide and install a complete and operational irrigation system including all turf and shrub sprinkler systems lines and heads, automatic controllers, remote control valves, backflow prevention device and vault, to include all excavation, backfill and compaction. • Provide and install all plant materials including shrubs, flowing plants, soil supplements, planting backfill, mulch, stakes, tree wrap, weed barrier, and boulders. • Provide and install topsoil soil supplements and topsoil soil preparation. Intl A~ ~~~ A101/CRAaT~ -1892. Copyright ®1992 by The American Insthute of An;hRects. All rights reserved. WARNING: This AIA~ Documeru la protected by U.S. Copyright Law end Interrnatlonal Treaties. Unauthorized reprodugton of distribution Ot this AIA• Docta-~d, or erry portion of It, may result In severe clv9 mtd crhnlnal perlalt~.4, and wtil be prosewted to the ntmdmum extent possible under the law. Thla dacu~nt was produced by AIA software at 07:47:08 on09/0312008 under Order No.1000350899 1 which expires on 4!3/20, arai >s trot for resale. User Notes: (3817650216) Schedule: East Parking Lot base bid schedule dated 8/lUUB. 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 Docuuments. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in aD 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 alcove 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 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 Fifty Seven Thousand Three Hundred Seventeen Dollars 8t 37/100 ($57,317.37), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is (Paragraphs deleted) valid.)None § 4.3 Unit prices, if any, are as follows: D~ctlptlon UnKs Puce (S 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall bs one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Man~$~~ 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 rceeived by the Construction Matutger after the application date faced above, payment shall be made by the Owner not later than Thirty (30) days after the Construction Manager receives tin; 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 AU1 Document A101/CMe~ -1982. Copyright ®1992 by The American Instltute of MCldtecte. AU rights reserved. WARNING: Thte AIA° Docum~t t9 Inlt protected by U.l3. Copyright Lew attd Intarttatlonai Trestles. Unauttrorized reproduction a distrlbutton or tMs AIA° Document, ar any portion of It, 3 may result in severe dYll and c-lminel penettles, and vrlu be prosecutes to the maximum extern possible under the law. Thk doarmeru was produced ~ by AIA software 8t 07:47: on 08/03/2008 under Order No.1000350999 1 which expires on 413!2008, and le rat for rewle. User Notes: (381755021 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, less retainage of Five Percent ( 5% ). Pendiag 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 wmpleted construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); § 5.8.3 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.T.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, aay 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 S 6.1 and S.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 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. AIA DOdnrient A101/CHAS"' -1892 CopyNgM ®1sNi2 by The American Institute of ArchiteC~. All rights reserved. WARNING: This AIA° Document le Init. ~~~ by U.S. Copyright Lew amt Irnernadonal Trestles. Unauthorized relucduWlon or dlstrQiutlon or ttde AIA° Doeranerit, or any portion of it, 4 may result in severe civU arM criminal panellise, and wlD be prosecuted t0 the maxhmim extent possible undo the law. This document was produced by AIA sofhvare at 07:47b9 on 09/03/2006 under Order No.11~0350889 1 which expires on 413/2009, and ~ rot for resale. User No~9: (3817Cr5021~ § 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 docal 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 modifications, 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 included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting 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. § 83 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 Doctunents, 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 A2011CMa, 1992 Construction Manager-Adviser Edition. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 8/11/08 ,and are as follows: Document Tlue Pages Project Specifications Project Specifications 86 § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) (Table deleted) Project Specifications dated 8111/08 § 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: (Table deleted) A1A IMcumant A101/Ctda*~ -1892. Copyright ®1992 by The Americwn Instltute of Architects. All rights rem. WARNING: This AIA~ notaarmrtt la Init. protected by U.B. Copyright Lew and International Treaties. Uneuthorizad reprodt[etlon m dlatrlbution of tide AIA~ noeunteM, or airy portion of it, 5 may ramdt In severe dvU end arlmMel penatt~s, and wtU be prosecuted to the maximum extent poasibie under the law. This document was produt~d / by AW software at 07:47:09 on 09/03/2008 under Order No.1000350899 1 which expires on 41312009, end is trot for resela. User Notee: (3817650218) 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 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 Electrical EPE 1.~East Parking Lot Electrical Plans EPE1.01 Site Electrical Details EPE3.OOElectrical Schedules § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum 1 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 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 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 Agt~eement 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, Suns a deco G An Idaho Municipal Corporation ( igreature) (Si~tuF~ ( _ ~.~ ,~.il ~~ ~~, fevi Duckett, VP I (Row deleted) ~ ~fi /B ~ n _ ~ ISO ~~~~ Approv~ to Co qt , Council Approval: ~1 /~ ~ (/q J/ BY: ~ _ S~ ~ T KEITH ATTS, PURCHASING~AlG~ENT ' Q AiJ$~ = Dated: ~~ ~ ~ ~ ICJ gt ~ , .~ .~' Approved as to Form JAY . HOL , CI RK ~i~~ '9 ~QQ' ~~ ~ CITY ATTORNEY Intl AIA Document A101/CMe~ -1892. Copyright ®199~I;IrTlte Amerhsn In'3~itut0 of Afchlt~s. AO rights reserved. wARNINO: This AIA° Document Is protected by U.S. Copyright Law ertd hdematlonel 7reaUes. Unauthorized reproduction or distribution of this AIA° Document, m erry portion o! It, may result to severe dvtl end crlrrtlnel penalties, and will be prosecuted to the mmrintum enterd possible under the law. Thin document was produced i ~r Notes: et 07:47:09 on 09J03/Z009 order Order No.1000350899 1 which expires on 4/3/2009, 8fld Is flnt Tor resale. 3817550216)