HomeMy WebLinkAboutIndependent Contractor Agreement with Sunshine Landscape for New City Hall~.
ji=•- ~== Document A1011CMa~ -1992
S~ndard Form of Agreement Between Owner and Contractor
where the basis of paymenf is a STIPULATED SUM
ac,~EMENT
made as of the day of in the year of
(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)
Sunshine Landscape
P.O. Box 724
850 E. Franklin Drive
Meridian, Idaho 83680
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)
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.
AootnoNS ANO oefrll<noNS:
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 Additions and
Deletions Repatthat 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 important legal
consequences. Consukation with an
attorney is encouraged with respect
to its completion or modification.
The 1992 Edtion of AIA Document
A201/CMa,General 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 modkied.
tnft. AIA Document A101/CtitaTM -1992. Copyright ®1992 by The American Institute of Architects. All rights res®rved. WARNING: This AIA® Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
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Use- ~~: (2793063148)
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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 Agreer~nt and Modifications issued after execution of this Agreement; these form the Contract, and aze 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)Mazch 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 Substantial Completion date
Provide all labor, material, tools, and equipment to July 15, 2008
complete iandscape, irrigation, and site furnishings
scope of work as noted on the bid documents and
per the following:
Division I -General Requirements
Section 02760 -Site Furnishings
Section 02810 -Irrigation System
Section 02840 -Plant Material
Section 02920 -Sod
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 Dollazs ($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
InN. AIA Document A101tCNaT" -1992. CopyrlgM ®1992 by The American Institute of Architects. All rights reserved. wARNIWG: Tnis wrn- uocumenc is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
/ by AIA software at 15:59:19 on 12/1212007 under Order No.1000295111_1 which expires on 4/412008, and is rat for resale.
User Notes: (2793083148)
§ 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:
§ 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ( )
of the Contract Surn, 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 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
ARTICLE 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 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.
§ 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.)
( )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.)
§ 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.)
Init. AIA Document A101lCNb"' -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. ®ARNING: This AIA® Document is 4
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution at this AIA Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
~ by AIA software at 15:59:19 on 12I12I2007 under Order No.1000295111_1 which expires on 4!4!2008, and is not for resale. (2793063148)
User Notes:
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.
ART~LE 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 One Hundred Ninety Nine Thousand Six Hundred Seventy Eight Dollars & 75/1()0
($19$,678.75.00), 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 identification of accepted alternates. If decisions on other alternates are to be made by
tht 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.)
None Base Contract
§ 4.3 Unit prices, if any, aze as follows:
Desai~i Units Pries (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 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 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 prepazed 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:
§ 5.8.1 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 shaze 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;
AIA Document A101/COMTM -1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is
Init. protected by U.S. Copyright Law and Mternatlonal Trestles. Unauthorized reproduction or distribution o1 this AIA® Document, or any portion of It, 3
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AIA software at 15:59:19 on t 2/12/2007 und~sr Order No.1000295111_1 which expires on 4/M2008, and is not for resale. (2793063148)
User tletes:
§ 7.4 Other Provisions:
(Here list any special provisions a,~`ecting the Contract.)
ARTICLE S TERMINATION OR SUSPENSION
§ S.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
§ a1.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
ARTICLE 9 ENUMERATKNI 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 aze 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 aze those contained in the Project Manual dated ,
and are as follows:
Document Title Pagea
§ 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 Specifications 904 pages
(Table deleted)
Volume 2 - Phase N Bidding/General Conditions 98 pages
§ 9.1.5 The Drawings are as follows, and are dated 7-27-07 unless a different date is shown below:
(Either last the Drawings here or refer to an exhibit attached to this Agreement.)
Title of Drawings exhibit:
ARCHITECTURAL
0.0 Cover Sheet
C1.OA Notes
CI.IA 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
(Table deleted)
L1.41 Planting Plan
L1.42 Planting Plan
L1.50 Irrigation Plan
L1.60 Planting Details
AIA DoCtanwrt A101/CAIhTM -1902. t.opyrlght ®1992 by The American Institute of Architects. All Hghts reserved. WARNING: This AIA® Document is
IMt. protected by U.S. Copyright Law and International Treacles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, cJ
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 15:59:19 on 12/12/2007 under Order No.1000295111_t which expires on o/4/2008, and is not for resale.
Us•r Noes: (2793063148)
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
L1.71 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 Enlarged Plaza Power Plan
SE1.03 Site Electrical Details
SE1.04 Enlarged Plaza Lighting Plan -Alternate #4
SE1.05 Electrical Schedules
SE 1.06 Electrical Schedules
§ 9.1.6 The Addenda, if any, are as follows:
Number Date Pages
Addendum A November 20, 2007 14
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
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 pan of the Contract Documents.)
~nR. AIA Document A101/CMa~*' - 7992. CopyrlgM ®1992 by The American Institute of Architects. All rights reserved. ®ARNING: This AIA® Document is s
protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
~ by AIA software at 15:59:19 on 12/1212007 under Order No.1000295111_1 which expires on 4/M2008, and is not for resale. (2793063148)
Uasr Notes:
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 slld~niltistration of the Contract, and the remainder to the Owner.
COKfIIACTOR
CPI'Y OF MERIDIAN,
An Idl~Aa ~Iwid Corporation
~ ~ l
(Ss n )
/lh2
(P red name and ' e)
Approved by Council: 12-1 ~' d7 ~~,~~~,~+~ ~;~ „
Attest:
G. BERG, JR., C
Approved as to Content
,. .y ~:
'~
~,; <:~
~~
FMK -~~ ~;',/
=,s~ ~~y
-~o ~~~r
,, ~ 1 ~.~ . Q `,
ini
BY:
KEIT ATTS, PURCHASING AGENT
Dated: ~~ 23- ~a
Approved as to Form
CITY ATTORNEY
G`r`)
IAit. AIA Dotltrmnt A/01/CIi1s~ -1982. CopyriglN ®1992 by The American Insti9ite of Architects. AN rights reserved. WARNING: This AIA® Document Is
protected by U.S. Copyright Lew and Mternatlonal Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7
may result In severe civil and alminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
/ by AIA softtaare at 10:01:28 on 12/1812007 under Order PIo.1000295111_t which expires on 4/M2008, and is not for resale.
UN- Notes (2988357960)
A'1"1'ACHMEN.T Y
BID PACKAGE DESCRIPTION & BID FORM
MERIDIAN CITY HALL
PHASE IV-Community Plaza and Site Improvements
Bid Package 2 (Revised)
Landscaping
Bid Requirements: Provide all labor, material, tools, and equipment to complete landscape, irrigation, and site
furnishings scope of work as noted on the bid documents and per the following:
Division I -General Requirements
Section 02760 -Site Furnishings
Section 02810 -Irrigation System
Section 02840 -Plant Material
Section 02920 -Sod
This bid package specifically includes:
• Provide and install site furnishings including tree grates, benches, trash receptacles, planters, and bike racks.
-Rrevide~,2~.~r .
• Provide all siseves 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 all extruded concrete edging in landscape planters where noted per Detail 1/L 1.60.
• 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 soil supplements, soil preparation and lawn sod.
ADDENDUM (A) (fl / yDla~) ~o I (f~ /Z$ l6~ ) ( l ~ ) ( l ~ )
-~.'~.
y~~~ ~~
BAS{/E~ 'BID - Landiscaping, $ rqq 1
~,\~ ~~'Q.b ~ N1~~•Nif~t•~ytJSC.hS V ~ ~•~V~IO~ZC••AR~ JrCVPJ'~~ ~` 1~~ ~O~W S Glr-~
. S-Qv-~y~' ~iv~ Clh~s
Alternate No.1-Bronze medallion as shown on sheet L 1.63 $~N A
Alternate.No. 2 - pecuct for the canal water feature as shown on Sheets u
L1.68 and L1.69. $
Alternate No. 3 -Deduct for the meandering creek water feature as shown
on sheet L1.64 and L1.fi5. $ /~ fl~-
Alt®rnate No. 4 -Deduct all work associated with the metal trellis footings ~ "
as shown on L1.70 and L1.71. $ Nr~
a
Phase IV - BP 2 (RVSD) 1 of 2
1
J
1
1
1
1
1
1
C
I
PHASE IV--Community Plaza and Site Improvements
• Bid Package 1
Landscaping -Page 2
Having carefully examined the Invitation to Bid, Instructions to Bidders, Bid Proposal Fomn,, Agreement Forms, contract
drawings, exispng site and all conditions affecting the work, the undersigned agrees to famish ail tabor, materials, etc.,
necessary to perform the work as shown on the drawings and listed in the Bid Jtems, in accordance with the Bid
Documents. The undersigned understands that Petra, Incorporated, the Owner, and the Architect reserve the right to
rejept any and/or all bids. Finat award is subject to approval by the Owner.
s~A ~ ~
c~Jt `,~- ~ ~SC~ ~r1c. .
Company Name ~
I ~ VZ,
sy
Painted or Type ame
V ~ d~ G~
i 1T~i~]
Idle
/C a~- off-
Qffte (Seal if bid is by Corporation)
~p, ®::~ x ~2`~
Address
~ ~7 ^~~ 3~
one .Number
r ax iVumber~~ ~~ a~~ d ,
iS! 26~ -g- ~j~pz,~a 10, o•t9~. oz93~ oz'2looro ~IqS'. ca~ zZ
Public Works` License Number c ~~ ~E a Z~,®
2~ - i~ 9 J ~ s~~ gN~d cry
Idaho Contractors Reg~stratfon Number Ex .Date
f!/~Z ~$
Phase IV - ~P ~