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HomeMy WebLinkAboutStandard Form of Agreement with Terra-West for New Meridian City Halle ~- DOCUment A101/C~ta'" -1992 Standard Form of Agreement Between Owner and Conbnctor wrhere the basis of payment is a ST/PUlATED SUM AGREEMENT made as of the 9 day of~pri I in the year of 2t~g gppmpNS gt~ID DELETIONS: (In words, indicate day, month and year) The author of this doaunent has BETWEEN the Owner added information needed for its . ownpletion. The author may also (Paragraphs deleted) have revised the text of the original CITY OF MERIDIAN AIA standard form. An AddrlYons arxi 33 East Idaho Avenue Defeifons ReFortthat motes added Meridian, Idaho 83642 information as well as revisions to the standard form text is available from the author and should be And the Contractor. reviewed. A verttcal Me in the left (Paragraphs deleted) margin of this document irniicates Terra-West where the author has added R,A: B~e>e•~994 1 S`l77 G-crhl~fC t2d, necessary infom-ation and where le,-idake--8r3(rifi CCt.ld wG!/~ ~i1~ S 3(p0`~ the author l~s a~1ed to or deleted For the following Project: from the original AIA text. (Include detailed description of Project, location, address and scope.) This document has important legal consequences. Consultation with an attorney is encouraged with respect New Meridian City Hall to its completion or modfficatlon. 33 East Broadway Avenue Meridian, Idaho 83642 The 1992 Edition of AIA DCCUment A20f/CMa,General Conditions Cf An approximately 100,000 square foot, multi-story city hall office building with a the Contrail for Construction, basement. Constnuction Amager-Advi~r Editlon, is adopted in thh document The Construction Manager is: by reference. Do not use with other (Name and address) general c:ondifions unless this document h modified. 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. Inif. ^~ Document A~o>tiCem~ - ~ssa. copyright ®t99z ny The American Ir~stiU,te of nrcniteds. at Protected by US. Copyright Law end fntemetional Trestles Urmuttror(zed rte' WARNING: This AIA Document Is rrrey result in severe dull and erhrriruil petmltles, end will be reproductlon or disUibutlon of this AIA® Docranent, ~ any ~rtlon of it, prosecuted to the maximum extent possible under the taw. This doaiment was producxjd / User ~~ at 09:03:18 on 04108/20 under Order No.t~0350t399 1 which expires on 4/3/2009, and is not for resale. (~) 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 folly a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agt~eetnent 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)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 arty requirements for earlier Substantial Completion of certain portions of the World if not stated elsewhere in the Contract Documents.) Portion of Work Substantial CompleSon date Provide all labor, material, tools, and equipment to July 15, 2008 complete the site work scope of work as noted on the bid documents and per the following: Division I -General Requirements Section 02300 -Earthwork Section 02520 -Portland Cement Concrete Paving Section 02700 -Storm Water Collection System Section 02741- Hot Mix Asphalt Paving 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 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. AIA Document A101/CLAa*" -1892. Copyright ®1992 by The Amerkan Institute of Architects. All rights reserved. wARNINO: This AIA® Document is ~- protected by U.3. Copyright Law end international Trestles. Unauthorized reproduction ~ distribution of this AUI® Docurtrer-t, or any Portion of it, 2 may result in severe civil anti ahnh~ei perrelti~, and w1I1 be prosecuted to the maximum extent possible under the law. Tads doatment was produced ~ by AIA software at 09:03:18 on 04108/2008 under Order No.100Q350899 1 whisdt expires on 4/312009, and is not for resale. User Notes: (~) aRTICLE ~ cQNTRACT suM § 4.1 The Owner shall pay the Contractor in current furs for the Contractor's performance of the Contract the Contract Sum of Three Hundred Thirty Eight Thousand Dollars & NO/100 ($338,000.00), 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 numbers or other ulentlfication 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) Deductive Altennate #4 - To be decided by end of February 2008 -Deduct $740.00 § 4.3 Unit prices, if any, are as follows: D~crlptlon units Price (S 0.00) Concrete Sidewalk with C&G $25.00 per foot with prep Turned Down Sidewalk with prep $12.50 per foot Curb ~ ~0i PmP $12.50 per foot ALLOWANCE Pit Run Fill 5,000 cy @ $17.00 = $85,000.00 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 Certif cafes 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 Mana~er not later than the 25th day of a month, the Owner shall make paymem to the Contractor not later than the 20 day of the following month. If an Application for Paymem 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 teceives the Application for Payment. § 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 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 atnount 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 Init AtA UOp~t x101/tallan+-1992. Cepfy-tght ~ 1982 byThe /-merken Inetltute of Architects. /iii protected by US. Copyright Lew end b~nadorrel Treatlea Urrmrthortzed reseed. WARPMIG: This AIA Docrnnerrt la may result in severe civil and crUrrirrel re~oduotton or distribution of this AIA® Document, or airy portion at i4 penaltl~, and witi be prosecuted to the maximum extent possible under th law. Thk doaiment was produced / ~s ~ at 09:03:16 on 04/08/2008 under Order No.10~i50&99 1 which ex~res on 4/3/09, arxi is rrot for resets. (42132305563) 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; § 5.8.2 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 ( ); § 5.8.3 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.T.1 Add, upon Substantial Completion of the Wont, 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 Wont; 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 dimitahon. ) ARTICLE 8 FlNAL 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. § T.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 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.) Init. AIA Document A101lCMa~ -1992. Copyright ®1892 by The American Ir~tute of Archftects. All Nghta reserved. WARMNG: This AIA® Document la protected by U.S. Copyr~M Law end International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portlon of it, 4 may -esult In ae~e civil end aimirrel permitles, and wpl be prosecuted to the maximum extent possible uraier the law. Thy doarmern was produced ~ by AIA software at 09:03:1 B on 04/08/2006 under Order No.1000350889_t which expires on 4!3!2009, arxi is not for resale. User Notes: (4282;105563) § 7.3 Tetttporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Document) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINl1Ti0N OR SUSPENSION § 8.1 The Contract maybe terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.Z The Work maybe 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, AlA 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 and are as follows: Docttmeot Volume 2 Title Pages Phase IV Bidding/General 218 Conditions § 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.) Title of Specifications exhibit: Volume I - Technical Specificadons 904 pages (Table deleted) § 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: ARCHITECTURAL 0.0 Cover Sheet C 1.OA Notes C1.lA Grading and Drainage Plan C2.lA Details L1.10 Overall Site Layout Plan Ll.l l Site Layout Plan L1.12 Site Layout Plan L1.20 Rough Grading Plan L1.21 Amphitheatre Grading Plan L1.30 Materials Plan L1.40 Tree Planting Plan trot. au4 t atmicera~ - issrt. c~yr>ght ©lssz by The American lr~(tute of Archtteds. nu rights reserved. wt~tula: This ntn® t~cument is protedaed by US. Copyright Law end Int~natiortal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portlon of it, may result in severe dull end rximhrel perrelties, and eriU be prosecuted to the ma~dmum extent possible under the law. Thy doarmerrt was prodtx:ed / bye at X3:16 on 04/ under Order No.10t>ai508.99 1 arldch expires on 4/3, and is rwt for resale. ~~) L1.41 Planting Plan L1.42 Planting Plan L1.50 Irrigation Plan L1.60 Planting Details L1.61 Irrigation Details 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 Feature Details L1.69 Canal Water Feature Details L1.70 Trellis Details Li.71 Trellis Details A1.0 Restroom Building Floor Plan A2.0 Restroom Building -Building Sections A3.0 Restroom Building -Door & Win. Details A3.1 Restroom Building -Exterior Details A3.2 Restroom Building -Structural Details M1.0 Restroom Building Mechanical SE1.00 Site Electrical Plan S#1.01 Enlarged Plaza Lighting Plan SE1.02 Enlazged Plaza Power Plan SE1.03 Site Electrical Details SE1.04 Enlazged Plaza Lighting Plan -Alternate #4 5E1.05 IIectrical Schedules SE 1.06 IIectrical Schedules (Table deleted) § 9.1.6 The Addenda, if any, are as follows: Number Date Addendum A November 20, 2()07 Addendum A Drawings: C1.lA Grading and Drainage Plan L1.10 Overall Site Layout Plan L1.20 Rough Grading Plan L1.30 Materials Plan L1.40 Tree Planting Plan L1.41 Planting Plan L1.42 Planting Plan L1.50 Irrigation Plan L1.70 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 are also enumerated in this Article 9. § 9.1.T Other documents, if any, forming part of the Contract Documents are as follows: (List here arty 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 pan of the Contract Documents.) AIA Dolt A101/CNa~ -1982. Copyright ®1892 by The American Institute of Architects. Ail rights reserved. WARNIN©: This AIA® Docwnent la ~~ protected by US. Copyright L.aw and Intematiortal Treatise. Unauthorized reproduction or diatrlbution of this AIA® Docunrent, ~ arry portion of it, s rrrey result in severe civil amt criminal perreltl~, and will be prosecuted to the maximum extern possible under the Isar. This document was produced / by AIA software at 09:03:16 on 04/08/2008 under Order No.1000359899_1 which expires on o/3/2009, ark is rwt for resets. Uam Notes: ~~ Attachment A (attached) , 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. '•~_:'1i1_~:~ CITY OF MERIDIAN, An Idaho uni(dpal Co ration (Si nature) q (Printed and title) CONTRACTOR Terra-Wei ( rr ure) ~yrzT~ir' f5 Q_aQ.T1 ~. !"~Ctri'I _ ~-Od'l7YUr~ /7~X~i/?~ (Pn ed name and title) ' Council Approval: ~ " (e - C~ 6 \\`\*~~`~s,ltt 11 t 1 rrrrrrrr~~',',' Attest: .~~~~ ~.~'l ~ •,~~~ ~O ~' JAYC L. HOLMAN, CITY CLER'~C HEAL ? ~ ~. ~~ A 9 .fit' '~r~i ~ T ~~ ~ s -~t ~~ 'T ~i _ /''//~~~~~/tftt! Itt4lit~~` Approved as to Content KEITI:1~0(/ATT~, PURCHASIQNG AGENT Dated: ~~ ~ ~ r ~ S Approved as to Form CITY ATTORNEY ~~ AIA Document A101/C1YM~ -1992. Copyright ®1992 by The American! Institute of Arctlitec~. All Nghts reserved. WARNWG: This AIA® Document is protected by US. Copyright Law and Intemettorlal Trestles. UneuthoNzed reproduction ar distrlbutlon of this AIA® Document, or arty portion of tt, may result in severe civil and criminal permlties, and wilt be lxosectrted to the maldmum extent possible under the law. This doamlerlt vvas produced / ~s~ eat 09:03:16 on 04/08/20 undue Order No.100~i50899 1 which ex~res on 4/3!2009, arxi is rat for resale. ~)