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HomeMy WebLinkAbout2012-09-04~~iv(E IDIAN~- {DAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 04, 2012 at 7:00 PM Roll-Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance Troop 174 -Andrew Bishop 3. Community Invocation by Bob Athay with the Church of Jesus Christ of Latter Day Saints 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 10, 2012 City Council Budget Meeting B. Approve Minutes of August 21, 2012 City Council Meeting C. Approval of Award of Bids and Agreements for the "Parks & Recreation Maintenance Facility -Construction" to Multiple Contractors for a Not-To-Exceed Total Amount of $1,631,343.00 • Lurre Construction, Inc. for Site Work, Utilities and Asphalt Paving for aNot-to-Exceed Amount of $487,500.00 • Lawn Co. for Landscaping and Irrigation System for aNot-to- Exceed Amount of $51,339.00 • Butte Fence, Inc. for Fencing and Gates for aNot-to-Exceed Amount of $29,637.00 • Lurre Construction, Inc. for Concrete for aNot-to-Exceed Amount of $787,500.00 • TMC, Inc. for Masonry for aNot-to-Exceed Amount of $274,320.00 • Outland Steel, Inc. for Steel Fabrication and Erection for aNot-to- Exceed Amount of $62,870.00 • Leighton Enterprises, Inc. for Wood Framing and Wood Trusses for a Not-to-Exceed Amount of $723,580.00 • Idaho Custom Wood Products for Architectural Millwork for aNot- to-Exceed Amount of $20,235.00 Meridian City Council Meeting Agenda -Tuesday, September 04, 2012 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Modern Roofing for Roofing for aNot-to-Exceed Amount of $98,102.00 • The Masonry Center, Inc. Doors, Frames and Hardware for aNot-to- Exceed Amount of $20,564.00 • Crawford Door Sales of Idaho for Sectional Overhead Doors for a Not-to-Exceed Amount of $15,480.00 • Custom Glass, Inc. for Aluminum Framed Entrances and Storefronts for aNot-to-Exceed Amount of $35,310.00 • Precision Steel & Gypsum, Inc. for Drywall and Acoustical Assemblies for aNot-to-Exceed Amount of $46,000.00 • Great Floors, Inc. for Carpet and Resilient Flooring for aNot-to- Exceed Amount of $10,127.00 • Color Craft Painting, Inc. for Painting for aNot-ta-Exceed Amount of $12,989.00 • SBI Contracting, Inc. for Specialties fora Not-to-Exceed Amount of $5,275.00 • Paige Mechanical Group, Inc. for Plumbing for aNot-to-Exceed Amount of $41,958.00 • Advanced Heating & Cooling for Heating, Ventilating and Air Conditioning for aNot-to-Exceed Amount of $40,908.00 • Energy Enterprise Group, LLC for Electrical Systems for aNot-to- Exceed Amount of $126,655.00 D. Findings of Fact, Conclusions of Law for Approval: MCU 12- 002 Accolade Apartment Project by Perry Homes Located South of E. Overland Road, West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Conditions of the Conditional Use Permit Approved E. Findings of Fact, Conclusions of Law for Approval: MDA 12- 004 Accolade Apartments by Perry Homes Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Recorded Development Agreement Approved for the Accolade Apartment Project F. Final Order for Approval: FP 12-017 Paramount Subdivision No. 21 by Brighton Development, Inc. Located on the Northwest Corner of N. Meridian Road & W. Producer Drive Request: Final Plat Consisting of 38 Single-Family Building Lots and 4 Common/Other Lots on 12.48 Acres of Land in an R-8 Zoning District G. Final Order for Approval: FP 12-016 Spurwing Grove No. 4 by Brighton Development, Inc. Located at Approximately 1/4 Mile North of Chinden Boulevard and a 1l4 Mile East of N. Black Cat Meridian Cily Council Meeting Agenda -Tuesday, September 04, 2012 Page 2 of 3 All materials presented at public meetings shall become property of the Cily of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Road Request: Final Plat Consisting of 23 Residential Building Lots and 1 Common Lot on 8.46 Acres in an R-8 Zoning District 6. Items Moved From Consent Agenda None 7. Action Items A. FP 12-018 Reserve No. 2 by ERD, LLC Located West of N. Locust Grove Road and East of N. Jericho Road Request: Final Plat Approval of 14 Residential Lots and 2 Common Lots on 5.01 Acres in an Existing R-4 Zone Approved 8. Department Reports A. SWAC Commission: Discussion on Annual Rate Adjustment For Solid Waste Collection Services by Rodney Remling of Republic Services, Inc B. Community Development: Discussion and Approval of Professional Services Agreements with: Approved • Whitman & Associates, Inc., Building Official Services • Whitman & Associates, Inc., Building Inspection Services • Whitman & Associates, Inc., Building Plans Examiner Services • Idaho Division of Building Safety Electrical Plan Review and Inspection Services • Idaho Division of Building Safety Mechanical Plan Review and Inspection Services • Jackson Code Consultants, Inc. Fire Plan Review and Inspection Services • DHM Enterprises Plumbing Plan Review and Inspection Services 9. Ordinances A. Ordinance No. 12-1525: Update of Local Amendments to 2008 National Electrical Code Regarding Metal Raceways in Commercial Buildings Approved B. Ordinance No. 12-1526: Amending Meridian City Code Provisions Regarding Prohibited Sewer Discharge Standards and Grease Interceptor Requirements Approved 10. Future Meeting Topics None Adjourned at 7:32 p.m. Meridian City Council Meeting Agenda -Tuesday, September 04, 2012 Page 3 of 3 All materials presented at public meetings shall become property of the Cily of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council September 4, 2012 A meeting of the Meridian City Council was called to order at 7:02 p.m., Tuesday, September 4, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, and Brad Hoaglun. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Brcue Freckleton, Brent Bjornson, Tracy Basterrechea, Blake Campbell, Kyle Radek, Mollie Mangerich, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will welcome you to tonight's City Council meeting. Thank you for joining us. For the record it is Tuesday, September 4th. It's two minutes after 7:00. Madam Clerk, will you, please, start this meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Andrew Bishop. He is with Troop 174 with the Sunnybrook LDS Ward. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Thank you, Andrew. If you will allow me, I do have a City of Meridian pin for you. Thank you. Item 3: Community Invocation by Bob Athay with the Church of Jesus Christ of Latter Day Saints De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Bob Athay and he is with the Church of Jesus Christ of Latter-Day Saints. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Welcome to City Council Chambers. Thank you for being here. Athay: Thank you, ma'am. Our Father in Heaven, as we come before thee this evening in this City Council meeting we thank thee for the liberties and the freedoms which we enjoy, for the liberty and the freedom and the opportunity to meet together to discuss Meridian City Council September 4, 2012 Page 2 of 16 the affairs of this city. We pray, Father in Heaven, that thy Spirit be with us this evening to direct us and guide us. We pray for thy continued protection upon the leaders of this city and upon the citizens thereof. We also, Father in Heaven, thank you for the men and women and the individuals who so diligently labor to protect our freedoms, both in the armed services and also our local police force and fire department and first responders. We pray for thy blessing to be here this evening in the name of Jesus Christ, amen. De Weerd: Bishop, if I can also ask you -- I would like to present you with a City of Meridian pin and welcome you to our city. Thank you for being here. Item 4: Adoption of the Agenda De Weerd: I believe that on our agenda right now we have a report from our Fire Department. Sorry. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? If we want to put that in there we could give him five minutes, but -- just a couple things to note on tonight's agenda. Under 9-A, that ordinance number is 12-1525 and 9-B is Ordinance No. 12-1526. So, with that, Madam Mayor, I move adoption of the agenda as printed. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of July 10, 2012 City Council Budget Meeting B. Approve Minutes of August 21, 2012 City Council Meeting C. Approval of Award of Bids and Agreements for the "Parks & Recreation Maintenance Facility -Construction" to Multiple Contractors for aNot-To-Exceed Total Amount of $1,631,343.00 * Lurre Construction, Inc. for Site Work, Utilities and Asphalt Paving for aNot-to-Exceed Amount of $487,500.00 ^ Lawn Co. for Landscaping and Irrigation System for aNot-to- Exceed Amount of $51,339.00 * Butte Fence, Inc. for Fencing and Gates for aNot-to-Exceed Amount of $29,631.00 * Lurre Construction, Inc. for Concrete for aNot-to-Exceed Amount of $187,500.00 Meridian City Council September 4, 2012 Page 3 of 16 * TMC, Inc. for Masonry for aNot-to-Exceed Amount of $214,320.00 * Outland Steel, Inc. for Steel Fabrication and Erection for aNot-to- Exceed Amount of $62,870.00 " Leighton Enterprises, Inc. for Wood Framing and Wood Trusses for aNot-to-Exceed Amount of $123,580.00 * Idaho Custom Wood Products for Architectural Millwork for aNot- to-Exceed Amount of $20,235.00 " Modern Roofing for Roofing for aNot-to-Exceed Amount of $98,102.00 * The Masonry Center, Inc. Doors, Frames and Hardware for aNot- to-Exceed Amount of $20,584.00 * Crawford Door Sales of Idaho for Sectional Overhead Doors for a Not-to-Exceed Amount of $15,480.00 * Custom Glass, Inc. for Aluminum Framed Entrances and Storefronts for aNot-to-Exceed Amount of $35,310.00 Precision Steel 8 Gypsum, Inc. for Drywall and Acoustical Assemblies for aNot-to-Exceed Amount of $46,000.00 CI Great Floors, Inc. for Carpet and Resilient Flooring for aNot-to- Exceed Amount of $10,127.00 Color Craft Painting, Inc. for Painting for aNot-to-Exceed Amount of $12,989.00 * SBI Contracting, Inc. for Specialties for aNot-to-Exceed Amount of $8,275.00 * Paige Mechanical Group, Inc. for Plumbing for aNot-to-Exceed Amount of $41,958.00 Advanced Heating & Cooling for Heating, Ventilating and Air Conditioning for aNot-to-Exceed Amount of $40,908.00 * Energy Enterprise Group, LLC for Electrical Systems for aNot-to- Exceed Amount of $126,655.00 D. Findings of Fact, Conclusions of Law for Approval: MCU 12-002 Accolade Apartment Project by Perry Homes Located South of E. Overland Road, West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Conditions of the Conditional Use Permit Approved E. Findings of Fact, Conclusions of Law for Approval: MDA 12-004 Accolade Apartments by Perry Homes Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Recorded Development Agreement Approved for the Accolade Apartment Project F. Final Order for Approval: FP 12-017 Paramount Subdivision No. 21 by Brighton Development, Inc. Located on the Northwest Corner of N. Meridian Road & W. Producer Drive Request: Final Plat Consisting of 38 Single-Family Building Lots and 4 Common/Other Lots on 12.48 Acres of Land in an R-8 Zoning District Meridian Cily Council September 4, 2012 Page 4 of 16 G. Final Order for Approval: FP 12-016 Spurwing Grove No. 4 by Brighton Development, Inc. Located at Approximately 1/4 Mile North of Chinden Boulevard and a 1/4 Mile East of N. Black Cat Road Request: Final Plat Consisting of 23 Residential Building Lots and 1 Common Lot on 8.48 Acres in an R-8 Zoning District De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: Motion and second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. FP 12-018 Reserve No. 2 by ERD, LLC Located West of N. Locust Grove Road and East of N. Jericho Road Request: Final Plat Approval of 14 Residential Lots and 2 Common Lots on 5.01 Acres in an Existing R-4 Zone De Weerd: So, we will move to Item No. 7-A, which is Final Plat 12-018. I will ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The- first application before you is a final plat. The site is located south of Chinden Boulevard between North Locust Grove Road and North Jericho Road. The applicant requests final plat approval of Reserve West Subdivision. The proposed plat consists 14 buildable lots and two Meridian City Council September 4, 2012 Page 5 of 16 common lots on 5.01 acres of land, zoned R-4. The gross density is 2.79 dwelling units per acre, with an average lot size of 11,847 square feet. All of the homes proposed for this phase single family detached. Open space is provided in the subdivision and includes two open space lots and eight foot wide parkways along the proposed local street. East Commander Street. To utilize the existing water main constructed with the first phase of Reserve Subdivision. Staff is recommending an additional common lot be provided to insure the adjacent buildable lots, Lots 11 and 12, Block 1, are not impacted by the city's 20 foot wide water easement. This requirement has increased the amount of open space for the proposed subdivision. Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat, as the number of building lots is the same and the required open space has increased. Written testimony was received from John Wardle, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the application. There are no outstanding issues for City Council. Staff will stand for any questions. De Weerd: Thank you. Council, any questions for staff? Bird: Madam Mayor? De Weerd: Would the applicant's representative -- is the applicant's representative -- do you have anything you want to add? Okay. Thank you. I did have to at least ask. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 12-018 and incorporate applicant and staff comments. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-A. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Department Reports A. SWAC Commission: Discussion on Annual Rate Adjustment For Solid Waste Collection Services by Rodney Remling of Republic Services, Inc. Meridian City Council September 4, 2012 Page 6 of 16 De Weerd: Item No. 8-A is our SWAC commission -- from the SWAC commission, but we do have a representative from the Republic Services. Rachele, welcome. Come on forward. If you will, please, state your name and address for the record. Klein: Sure. Thank you. Rachele Klein, Republic Services, 11101 West Executive Drive in Boise. De Weerd: Thank you. And welcome. Klein: Thank you. Although this is an annual meeting I understand, for just the CPI adjustment for contracts, it is our first time before you, so we are trying to follow the past presentation here and hopefully it looks pretty similar to you. What you have before you are rates that have been vetted out by the SWAC committee and, then, further by MUBs, the utility billing folks there, and brought back to you for approval, hopefully. There are a few new rates that are proposed before you tonight and those rates are -- are simply the result of a growing city and a demand for additional services. So, we have added the proposed rate schedule, additional commercial recycling container sizes and also two additional temporary commercial dumpster sizes. And if you want some history on how those rates came about or why they were requested I would be happy to answer those questions. And in addition to those new rates we just have one rate reduction and that's for the carry-out service that was previously 60 dollars a month and we proposed to drop that to 30 dollars a month. And, finally, the last rate that is -- has been on the -- on the books and the city has been covering it, but we are asking now to memorialize this rent on the bio solids trailer that is dedicated to the City of Meridian. Do you have any questions? De Weerd: Council, any questions? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Rachele, just aquestion -- and this is kind of more looking towards the future. I know that the trucks that you're using -- that you have purchased from SSC and their primarily I think diesel and your fleet in Boise is natural gas and it sounds like down the road that's what the conversion will be for all your trucks eventually someday. And I was kind of curious, you know, the Consumer Price Index takes in account energy for transportation, you know, gasoline, diesel fuel, and natural gas is a -- is a new one coming online and it's a little bit cheaper and I can certainly understand why fleets are going to that type of system. Should we be looking at something different in the CPI once everything gets transferred over to natural gas in your fleet, because they are taking account gasoline, which gas prices rise considerably. Natural gas is quite low and it's not something for us to solve tonight, but maybe it's something we look at down Meridian City Council September 4, 2012 Page 7 of 76 the road, how do we account for the differences in that. But there is still a cost. I mean no doubt about it. Klein: Right. Councilman Hoaglun and Mayor and Council, that's a really good question and certainly two things, hopefully, that will help and, yes, we should definitely be always looking at that and holding rates as stable as possible. One thing that the transportation index is the one that relies most heavily on fuel and we are using -- if you look back to the methodology that we use -- it has the index in there and it's the western -- let's see. So, it's the TPI that is for the western region of the United States and it's a more --amore general consumer price index, where fuel is certainly a component, but it's not one of the larger components, it's a smaller component and actually focus say just -- like in Caldwell we did use the transportation index, because fuel is such a large portion of our budget and this takes a much smaller portion and also we adjust to 90 percent of the CPI in Meridian instead of a hundred percent, so those two things help kind of temper that. But to answer your question, yes, certainly in the long run it's something we are going to look at. The capital investment at this point to upgrade the trucks is something up front that will -- we will see even if we save a little on fuel those capital improvements -- you know, we are already changing over and we are running natural gas trucks here in Meridian. Not all of them, but we are running quite a few already and you have probably seen them. The gas tanks are on the top. You will see the blue compartment on the top of the truck and those are natural gas trucks. But it's certainly something we will take into consideration and we can run those numbers and come back to you with a proposal. Hoaglun: Thank you, Rachele. Madam Mayor. Yeah, just something to look at. You never know if that has an impact or not, because conversion does have a cost and fuel, no matter what you use, does have a cost to it, so -- Klein: And we are looking at using maybe a front and back to our adjusting and so a different percentage -- Hoaglun: Yeah. Something we can look at down the road, so -- Klein: Thank you. De Weerd: Thank you. Any other questions? Okay. Wow, that was too easy for your first meeting. Steve, didn't we always grill you? Sedlacek: Always Klein: Thank you. De Weerd: Thank you very much Nary: Madam Mayor? Meridian Cily Council September 4, 2012 Page 8 of 16 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, there aren't any of the fees that are being proposed that exceed five percent, but there are some new fees that we do need to advertise and I guess I just need to know do you want us to simply advertise the new fees for a hearing or do you want to advertise all the fees? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My preference would be all the fees. And even the deduction. Nary: Okay. De Weerd: Those are always good. Nary: Okay. De Weerd: Mr. Nary, I guess if there is a way to delineate what's new and what is --just show the difference. Nary: We can do that. De Weerd: Okay. Any other comments from Council? Okay. Well, then, we will put this out for public hearing on the fee schedule. Thank you for being here this evening. B. Community Development: Discussion and Approval of Professional Services Agreements with: Whitman & Associates, Inc., Building Official Services Whitman & Associates, Inc., Building Inspection Services Whitman & Associates, Inc., Building Plans Examiner Services Idaho Division of Building Safety Electrical Plan Review and Inspection Services Idaho Division of Building Safety Mechanical Plan Review and Inspection Services Jackson Code Consultants, Inc. Fire Plan Review and Inspection Services DHM Enterprises Plumbing Plan Review and Inspection Services De Weerd: Okay. Item 8-B is our Community Development. Oh, there you are. I was looking out there. Bruce, I will turn this over to you. Freckleton: Good evening, Madam Mayor, Members of the Council. Earlier this year per your directive we launched into the process of doing a request for qualifications for our contract services that we have in Building Services. The intent was to gauge Meridian City Council September 4, 2012 Page 9 of 16 interest in the community for other contractors that might have interest in serving the city and those contracts. Also to -- we wanted to find out the availability of those services and also to ground truth the cost. We launched into that process with the assistance of the Legal Department and the Purchasing Department. We prepared new contracts that were -- were a significant difference from the contracts that we have seen in the past. We added a lot of new features, a lot of enhancements. We believe that they are very good. We went through RFQ process and began negotiations. Following the closure of that process and what you have before you tonight is the end result of those negotiations. We did -- as would have it, we ended up with six of the current contractors re-signing. We did end up with a new one that -- and that one would be DBS for the mechanical -- mechanical contract. So, what we are proposing is DBS would have the mechanical contract and the electrical contract. There is some cost savings in doing that. DBS was agreeable to a lower percentage, because they were able to pick up two of the services. Did end up with -- overall there is a slight increase across the board. However, we were successful in negotiations to get numbers that are lower than what the contractors were originally asking for. So, again, what you have before you is the end result. We feel real good about these and would stand for any questions you might have. De Weerd: Thank you, Bruce. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bruce, we had a percentage of increase and how are we going to cover it? Are we going to have to go up with our fees? Freckleton: Madam Mayor, Councilman Bird, the fees are okay right where we are at for now. It's something that we do want to look at going forward. You know, we have tried to not impact our fees during the down economic times and so it's something that we are going to continue to monitor. We have seen an increase in our -- in our permit volume coming through. It has exceeded our projected revenues. We have ran these numbers by Finance Department and we feel like we are -- we are going to be fine -- Bird: But -- Freckleton: -- with the proposed increases. Bird: But even with the increased permits coming through that increases the percent to the subcontractors. So, are we going to be okay with our fees? Volume isn't going to cover it, because each volume has to be paid to the -- the percent has to be paid out to the company, the subcontractor. So, we have fees in place that will cover this increase? Freckleton: Yes. Meridian Cily Council September 4, 2012 Page 70 of 16 Bird: Okay. Freckleton: Yes, we do. Bird: That's all. Freckleton: We also added the provision to protect the city -- these are three year contracts and we felt pretty strongly that if during that three year period of time we do make adjustment to our fee schedules that at the point in time these contracts were negotiated they were based upon the fee schedule that we have today and so there is a provision in the contracts that locks them in at today's rate. So, if there is increases in the future, then, you know, they would not realize that increase. De Weerd: So, those -- those increases would be solely to cover costs. Freckleton: Correct. Bird: And not be absorbed through the inspection fees. Freckleton: Correct. De Weerd: Okay. Bird: Thanks, Bruce. De Weerd: Okay. Anything further from Council. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Bruce, what was the competition like for -- for these contracts? Would you term healthy, very competitive, lightly competitive? Freckleton: Pretty sad. Hoaglun: Pretty sad. Freckleton: Pretty sad. We -- you know, we thought we did a pretty good job of sending it out. We advertised in two papers. We hit the BCA, the AGC, the BOMA, IDA-BOW. We ended up with -- with only one new contractor that came to our pre-bid meeting and they actually did put in a bid, but it was, basically, the same -- the same guys that we currently have. Meridian City Council September 4, 2012 Page 11 of 16 Hoaglun: And, Madam Mayor and Bruce, any thoughts on what's going on out there, why there is not a lot of interest? I mean this is -- this is decent work for folks if they want to -- if they want to do this sort of thing. Freckleton: It is. You know, my only thought is that I think it's -- there is limited people out there that have the qualifications that we are asking for. We do, as through these contracts, require certification levels that are -- that are slightly higher than the state minimum requirements. In many cases the reason we do that is because contractors that are out there working, in order to, you know, requirement of their licensure is that they have certain levels of certification and we have always felt strongly that we don't want to put inspectors out there scrutinizing the work of guys that have certifications that are lower than the people that they are inspecting and so we felt strongly that we needed to increase the level of certification requirements and qualifications. Chatterton: And, Madam Mayor and Council Member Hoaglun, I'd like to add that most of the folks in the -- in the area -- basically in the Treasure Valley that are competent to do this type of work are presently working for other local governments. There are not that many in the consulting realm that do this sort of work. So, it's a fairly limited group to pick from. Hoaglun: Well, thank you, Bruce and Bruce. And, Madam Mayor, just so our scouts know, what we are doing here is here we contract out our inspection services, so for plumbing inspectors, electrical, plan reviews, building inspections, things like that, they are not city employees, but we go offer a contract to people to do this on behalf of the city and so what we are looking at tonight is the contracts of what they have brought forward and negotiated and it's a little different. Instead of having city employees that when we hit the real slow times here a few years ago and it's starting to come back, but it's been very slow, we didn't have to lay off employees, although contractors didn't have much work to do. But -- but at the same time we think it helps save -- save taxpayers money not having to pay benefits and so of these other things, so that's what we are doing tonight and want to make sure it's healthy competition out there and see if we are getting a good job and I agree with the -- the certification -- requiring the certifications. I mean we do want to have folks out there who know what they are doing and, hopefully, a little more knowledgeable than the person out there to be doing the work. So, I think that's a good thing. De Weerd: Well, I think, Mr. Hoaglun, you did, in your recap, also put one of the reasons why we have limited response is there is a lot of risk to that and when it's slow they have to lay off the employees, rather than the city, and so I think that's why it takes a particular kind of businessman and with the licenses and -- that want to take on that risk. Hoaglun: Good point, Mayor. Thank you. De Weerd: So, thank you for the explanation, though, too. Meridian City Council September 4, 2012 Page 12 of 16 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just wanted to express my thanks for all the work that has gone into getting us to tonight at this point. Questions that were asked by Council have been answered and satisfied and it sounds like we learned some things from the process that we needed to learn and I want to congratulate you on the outcome. Freckleton: Thank you. De Weerd: Yes. Thank you Bruce and Brent and Bruce. You make it real easy to remember names. And we also appreciate our legal team and finance in scrutinizing these. I know it's a real team effort, so thank you. So, Council, you do have in front of you some agreements that do need action. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the professional service agreements with Whitman & Associates for building official services, Whitman & Associates for building inspection services, Whitman & Associates for building plans examiner services, Idaho Division of Public Safety for electrical plan review and inspection services. Idaho Division of Building Safety for mechanical plan review and inspection services. Jackson Code Consultants, Inc., for fire plan review and inspection services. DHM Enterprises for plumbing plan review and inspection services. Bird: Second. De Weerd: I have a motion and a second to approve -- yes Bird: Maker of the motion -- Mayor to sign, Clerk to attest? Zaremba: Yea. I was going to ask is that what happens? Okay. And for the Mayor to sign and the Clerk to attest. De Weerd: Second agrees? Zaremba: Can I pause my motion for a moment? De Weerd: Yes. Zaremba: One that I was reading looked like it became effective immediately. Do we intend to have them become effective October 1st? Meridian Cily Council September 4, 2012 Page 13 of 16 Freckleton: Yes. Yeah. October 1st would be the effective date. Zaremba: Okay. So, that's part of the motion, that the effective date would be October 1st -- Bird: Second agrees. Zaremba: -- 2012. De Weerd: Okay. Thank you for the clarification. You do have in front of you, Council, a motion to approve all professional service agreements listed under 8-B. If there is no discussion. Madam Clerk. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. :Update of Local Amendments to 2008 National Electrical Code Regarding Metal Raceways in Commercial Buildings De Weerd: 9-A is Ordinance 12-1525. Madam Clerk, will you, please, read this ordinance by title only. Staff: Thank you, Madam Mayor. De Weerd: We do need to read this by title because it is on the agenda and, then, we will ask for staff comments. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1525, an ordinance amending Meridian City Code Section 10-3-1C regarding amendments to the 2008 National Electrical Code and providing an effective date. De Weerd: Thank you. Brent, would you like to make comment on this item? Bjornson: Madam Mayor, Members of Council, good evening. Effective immediately our proposal is a request to repeal electrical language from 10-3-1 C2 from City Code without replacement. 10-3-1 C2 requires metal raceways in all commercial buildings to protect electrical wiring currently. Our adopted and national electrical code essentially is less restrictive and allows the use of non-metallic raceways in multi-family, apartments, and assisted living units. Repealing 10-3-1C2 allows for minimum code compliance and observance with the National Electrical Code. We see this as a Meridian City Council September 4, 2012 Page 14 of 16 positive proposal and consistent with the other municipalities and the State Division of Building Safety. There would be a cost savings realized to owners, builders, and large project applications currently in the system like Regency at River Valley and Meadow Lake Village. That, essentially, sums it up and I would be happy to stand for any questions. De Weerd: Thank you. Council, any questions Bird: I have none. Hoaglun: Well, Madam Mayor, it's less restrictive and still achieves the public safety process. I think that's a good thing, so -- De Weerd: Yes. You have heard this ordinance under 9-A by title only. Is there anyone who would like to hear it read in its entirety? Good choice. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1525 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Ordinance No. :Amending Meridian City Code Provisions Regarding Prohibited Sewer Discharge Standards and Grease Interceptor Requirements De Weerd: Item No. 8-B is Ordinance 12-1526. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1526, an ordinance of the City of Meridian amending Meridian City Code Section 9-2-2-1D relating to prohibited discharge standards and grease interceptor requirements. Amending Meridian City Code Section 9-4-gD relating to regulations for use of public sewers and grease, oil, and sand interceptors. Amending Meridian City Code Section Meridian City Council September 4, 2012 Page 15 of 16 10-2-1 D and adding a new section 10-2-1 D-25 regarding grease interceptor regulation under the Uniform Plumbing Code and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Any staff comments? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1526 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-B. Seeing that there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Okay. Council, any items for future meetings under this item? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I keep forgetting to mention this. I think we are due at some point for an update on the golf course. De Weerd: Yes. And that should be forthcoming. The golf course focus group did meet last week and so we will set it for a future agenda. Zaremba: Cool. De Weerd: Okay. Thank you for bringing that up. Hoaglun: And, Madam Mayor, with Mollie being here, if any of the Boy Scouts want to have a speaker to learn what our grease interceptor regulations are she would be happy to explain that to you. We already had that presentation, so -- Meridian City Council September 4, 2012 Page 16 of 16 Zaremba: She will even bring samples. Hoaglun: She will bring samples. Yeah. So -- De Weerd: She is -- she is pretty entertaining and a lot more entertaining than reading ordinance by title, so -- Bird: And Kyle can help. De Weerd: Certainly we do have a lot of scouts in our audience. We appreciate you being here and you did pick the right meeting. It's short one. And if you would like to ask any questions after we adjourn this meeting we'd invite you up and we can -- you can try to stump of us with some of your questions. Okay. Council, at this point I would entertain a motion to adjourn. Bird: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~i U~~C~ q i II i Zolz MAYOR TA DE WEERD DATE APPROVED ~1 ATTEST: ~~ 9 o~ c~ryoe CITY CLERK `-~'"~`"` " ~onxo'" s o SEAL pyTEB ~l el a 10.E A5~R0.~*y Changes to Agenda: Item #7A: Reserve Subdivision No. 2 (FP•12.018) Application(s): - Final Plat Location: The site is located south of Chinden Boulevard between N. Locust Grove Road and N. Jericho Road. Summary of Request: The applicant requests final plat approval of Reserve West Subdivision. The proposed plat consists of 14 buildable lots and 2 common lots on 5.01 acres of land zoned R-4. The gross density is 2.79 d.u./acre. The average lot size is 11,847 square feet. All of the homes proposed far this phase are single-family detached. Open space provided in the subdivision includes two passive open space lots and 8-foot wide parkways along the proposed local street (E. Commander Street). To utilize the existing water main constructed with the first phase of the Reserve Subdivision, Staff is recommending an additional common lot be provided to ensure the adjacent buildable lots (Lots 11 and 12, Block 1) are not impacted by the City's 20-foot wide water easement. This requirement has increased the amount of open space for the proposed subdivision. Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat as the number of buildable lots is the same and the required open space has increased. Written Testimony: Jon Wardle, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 5a PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 10, 2012 City Council Budget Meeting MEETING NOTES C~` / / Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 5b PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 21, 2012 City Council Meeting MEETING NOTES ~.~' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approval of Award of Bids and Agreements for the "Parks & Recreation Maintenance Facility -Construction" to Multiple Contractors for aNot-To-Exceed Total Amount of $1,631,343.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Max Jensen, Mike Barton, Jacy Jones Date: 8/30/12 Re: September 4 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 4r' City Council Consent Agenda. Approval of Award of Bids and Agreements for "Parks and Recreation Maintenance Facility -Construction" to multiple contractors per the attached schedule for aNot-To- Exceed total amount of $1,631,343.00. These awards are the result of the Formal IFB issued August 6, 2012 and opened August 23rd. Sixty bids were received for the nineteen different bid packages. Recommended Council Action: Approval of Award of 19 Bids and authorize the Mayor to execute the corresponding Agreements to the low bidders for an over all total of $1,631,343.00. 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LL~ ~ p, tl Cj ~ K ~Jfp Up, Z 6 N s ~.~ ~~ pp ~.! ~ ~~ oI L~ m i 4 ~ E W ~ t ~ ~ '_~ ~=AlA Document A132rN - 2009 Standard Form ofAgreement8etween Owner and Contractor,constructionManageras Adviser Edition Bld Package No. 20-Electrical Systems ADDITIONS AND DELETIONS: AGREEMENT made as of the Twenty-Forth day of August in the year Two Thousand The author of this document has Twelve added Informallon needed for its (!n words, indicate day, month and year.) completlon. The author may also have revised the text of the odginal BETWEEN the Owner; AIA slentlerd form. An Addiricns and (Name, legal status, address qnd other information) Deletions Report that notes added Informallon as well as reWslons to the City of Meridian ~ ~ standard form text Is available from 33 Beast Broadway-Avenue the author and should ba reNawed. A Meridian, Idaho 63642 vertical line In the left margin of this document Indicates where the author and the Contractor: has added necessary Information (Marne, legal status, address and other information) and where the author has added to or deleted from the odginal AIA text. Bnergy Bnfexpxise Group, LLC This document has Imponanl legal .6061 Gorpoxa] Lane consequences. Consullatlon with an Boise, Idaho 83704 attorney Is encouraged with respect Telephone Number: 208.322-2334 to its completlon or modlllca8on. Fax Number: 208-995-8175 TDIs document Is Intentled to ba used foe the following Project: ~ In conJunctlon wuh AIA Oocumants *" (Maine location a nd detailed description) A232 -2009, General Conditions of , _ the Cantractfor Construdlon, Meridian Parks & ~ieGreation Maintenance Facility Consbuctlon Manager as Advlaer Edi i B132r" 0 1700 East La rk Street t on; -2 09, Standard na Farm of Agreement Between Owner Meridian, Idaho 83642 and Architect, Construction Manager as Adviser Edition; and The Construction Manager: C132^^-2009, Standard Form of (Naive, legal status, address and other information) Agreement Between Owner and Construdlon Manager as Adviser. I{I'eizenbeok, LLC DBA I{reizenbeck Constructors, 11724-West Executive Drive AIA Document A232*"-2009 fa Boise, Idaho 83713 adopted In Ihls document by Telephone Number: (208) 336-9500 reference. Do not use with other Fax Numbot; (208) 336-7444 general conditions unless this document Is mOdiged. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 TelephoneNtunber: {208) 338-9080 The Owner and Contractor agree as follows. AIA Document A732*"-2009 formerly A70f'"CMa-1992). Copyright ®f 97b, 7980,1882 entl 2009 by The American Instllule a(ArchlleGe, All dehts Init. msarvetl. WARNIND: This AIA Document Ia protected by U.S. Copyright Lew entl Inlemsllonal Treaties. Unauthorized reproduction ar dlstdbutlon of ihls AIA° Document, or any portion of It, may result In severe civil and enminal psneltlea, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA soawere at 71:46:17 on OSl26l20T2 under Omar No.69074288g0_i which explree on 07n7l2013, amt Is not For reaela. User NOtae: (1306975102) TABLE OF ARTICLES 1' THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENTANDSUBSTANTIALCOMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATIONOF.CONTRACTD000MENTS 70 INSURANCE AND BONDS 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 ~ difications issued after execution of this Agreement, all ofwhich 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 egruneration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Docnments, except as specifically indicated in the Contract Documents to be the resjitinsibility of others. Bid Requiremonta: Provide all labor, material, permits and equipment to complete work of furnisMng installing a complete and operablo electrical, as noted in tke construction documents and per the following: Division 1-General Requiwmepts Division 26-Electrical (complete) ~, - Section 312000 -Earth Moving"" Section 033000 -Cast-In -Place Concrete* Section D61000 - Roagh Carpentry' Section 0792110-joint Sealants* * ** As applicable to this scope of work This contract specifically includes but fa not Hmited to: • Furnish and install complete operational elechical systems in acoordance with construction docaments. • Provide and install (2) 200 AMP temporary power panels for construction power. Temporary power requirements shell include a minimum of (20)110V and (2) 220V outlets per panel as necessary to facilitate work. Place one panel at building A end the second at building C. Coordinate 5nal panel location with suparltdendenL • Furnish and install all conduit and outlet boxes for other trades in accordance with the constmetion documents. • Furnish and install conduit and boxes for card readers (stub conduits up into accessible ceilings). • Furnish and Install conduit and boxes far HVAC control systems. Control wldng by HVAC. • Excavation, bachfill and compaction for your work. Provide suitable fill for trenching operation as required. • Provide boring under Lanark Street for Quest Conduits. Repair premises when complete with work. • Provide and install concrete light pole bases complete withrebar and sack finish. AIA Document A73Trn -2008 fannsrly A701*"CMa-1992}. Gopyrlphl ®1975,1880,1992 end 2008 by The American Instllufe of Arohlfecls. All rlghls Init. reserved. WARNING: Thla AIA Document Is protected by U.9. Gopyrlphl Lawand International Trealles. Unauthorized reproduction or tllatnbutlon oF1 this AIA* Document, or any portion of It, may result In severe clvll antl criminal penalties, antl will be prosecuted to the maximum extent poealble antler r the law. This documentwea produced by AIA software at 11:46:17 on OB/2812012 under Order No,6B0742BB00 1 which expires an 0111712013, erM Is notfor resale. User Natea: ry38697a1021 • Pxovlde and imslall all light poles and exterior lighting systems and accessories. • Connect to residential equipment in accordance with. • Furnish and install access doors as required fox this work. Coordinate framed openings with drywall contractor. • Coordinate all work as required with Idaho Power and Quest. • Pxovlde, maintain and remove temporary lighting foe all building areas in accordance with OSHA requirements. • Provide and install plywood (TTB) boards for mounting of all work as required. • Scope of the work remains the same for all buildings identified in the conshuction documents. • Scope ofwork for alternates remains the same as base bid. (as applicable) This contract specifically excludes: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this .Sgreement unless a different date is stated below or provision is made for the date to be fixed ht a notice to proceed issued by the Owner. (insert the date ofcommencement, ifit differsfrom the date afthisAgreement or, ifapplicable, slate that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If; prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Thne shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the enthe Work not later than ( )days from the date of commencement, oe as follows: (Lnsert number ofaalendar dtrys. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substandal Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not latel• than May 30, 2D13. (T'able deleted) subject to adjustments of this ContrrictTime as provided in the CmlfractDocumeltts. (tnsertprovisions, if any, for liquidated damages relating tofatlure to achieve Substantial Completion on time orfor bonuspaymenfsforearly completion ofthe Wark) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contmctor shall pay to the Ovvher as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000,00) or'/,% of the Contract Value (whichever is greater) for each and every calendaz day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not ba liable for liquidated damages for a day, m~ days of the excusable delay occlnring during such period following the end of the Contract'1'ime. ARTICLE b CONTRACT SUM § 4.7 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Clteckthe appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Wark plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below AIA Document A132ie-2009 formerly A1011NCMa-19821. Copydght®1976,1980, 1992 and 2009 by The Amedcen lnslllute of Archllecle. All rlghta Inlt, reserved. WARNIND: This AIA Deeument is protected by U.3. Copyright Law antl International Treatise. Uneuthodzed reproduction ortllsMbutlon of thla AIA° Document, orany ponlen of It, may result In severe civil antl criminal panaltlea, and will6e prosecuted lothe maximum extent passible under t the Isw. Thla tlscumenl was produced by AIA software al 11:46:17 on O6/2a12072 under Order No.6807428600 1 which expires on 01t17l2013, and la not for reaele, User NOtae: (7366978102) ( ] Cost of the Work plus the Conhactor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One Hundred Twenty-Six Thousand Six Hundred Fifly--Five Dollars and Zero Cents ($126,655.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $126,655.00 § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which aze described in the ContractDocuments and are hereby accepted by the Owner: (State the numbers or other idennficatlon of accepted alternates. Ifthe bidding orproposal documentspermit the Owner to accept other alternates strbsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amountfar each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Identify and state the unitprice, and state the quantity lim#ations, ifarry, to which the unit price will be applicable.) Item Units and Llmltations Pdce per Unlt ($0.00) § 4,2.4 Allowances included in the Stipulated Suro, if any: (Identify allowance and state exclusions, if arty, from the allowance price.) Item Allowance § 4.3 Coat of the Work Plus Contractor's Fee without a Guaranteed Maximum Pdce § 4.3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination of the Cost oftha Work, plus the Contractor's Fee. § 4:3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Conh•actor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee far changes in the Work: § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its porfion of the Work: § 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percept ( %) of the standard rate paid at the place ofthe Project. § 4.3.6 Unit prices, if any: (Identify and state the unitprice; state quantity limitations, if any, to which the unit price will be applicable.) AIA Document A132*°-29081IForm~rly A791'aCMa-1992J. Copyright ®1876, 1998, 1982 and 2089 by The Amerleen Insatule of Archllecta, PJI rtghla Init. reserved. WARNING: This AIAa Document la protected by U.a, Copyright Lew and International Treatlee. Unauthorized reproduction or dislrlbutlon of 4 lhla AIAm Oecument, or any portion of It, may result In severe civil and criminal penaltlea, and will he proaecutetl to the mazlmum extent poealble under J the law. This documentwea produced by AIA eollwere e111:45:17 on 0 9/2 812 01 2 under Order No.6907428999_7 whlah explrea on 81N7/2913, and la not for reaele. Uaer Notea: (1369879182) ~ ,,. Item Unlta and Llmitatlone Price per Unit ($0,00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager far the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work. § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination of the Cast of the Work, plus the Contractor's Fee. § ;4.4.2 The Contractor's Fea: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) § 4,4.3 The method of adjustment of the Contractor's Fee for ohanges in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit far increases in the cost of its portion of the Work: § 4.4,5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rata paid at the place of the Project. § 4.4.6 Unit Prices, if any: (!dent fy arid state the unitpr~ce, andstate the quantity limitations; if arty, to which the unitprice wfll be applicable.) 1 Item Units and Limitations Price per Unit ($0,00) § 4.4,7 Guaranteed Maximum Price § 4.4.7.1 The sum of tine Cast afthe Work and the Contractor's Fea is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert speck provisions if the Contractor is to participate in arty savings) § 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Identify and state the amounts of nny allowances, and state whether they include labor, materials, or both.) Item Allowance § 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: AIA OOOUment A102T°-2008 (ounerly A101TMGMa-1992). Copyrlghl®1876,1960, 1892 end 2009 by The Amerlcen lneOlWe ofArchllecls. Ail rights lull. reserved. WARNING: Thla AIA Document Is protected by U,S. Copyright Lew and International Trestles. Unauthorized raproduellon or dlstrlbueon of this AIA° Document, or any portion of it, may result In severe civil and oriminal penalties, and will be prosecuted to the maximum extent posal6le under / the law. This document was produced by AIA software at 11:45:17 on 08!28/2012 under Order Ne.6907426600 1 which explree on 01/17/2013, end Is not for resale. User NOtea: (1366976102) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § .5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager end Architect and issuance by the 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. § 5.1,2 The period covered by each Application for Payment shall be one calendar month ending on the last day ofthe month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application far Payment is received by the ConstructionManager 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. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum Is Based on a Stipulated Sum § 5.1A.1 Eaeh Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writhtg by the Constmction Manager and Architect in acwrdance with Ute Contract Documents. The schedule ofvalues shall allocate the entire ConU•act Sum among the various portions of the Work and be prepared in such form end supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall ba used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion ofthe Work as of the end of the period covered by the Application for Payment. § 5,1.4.3 SubjecttotheprovIsionso_ftheContractDocuments,theamountofeachprogresspaymentshallbecomputed as follows: .1 Take that portion of.the Contract Sum properly allocable to wmpleted Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Stun allocated to that portion of the Work in the approved schedule of values, less retainage of Five percent (5.00 %). Pending final detetTnination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 oftha Geueral Conditions, as modified; .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 writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .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, as modified; and .5 Subtract amounts, if any, being withheld by the Ovmer or Construction Manager as provided in the Contract Documents. § 5.1.4.4 Theprpgeess payment amotmt determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construct[on Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and ,2 Add, iffinal completion ofthe Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 ofthe General Conditions, as modified. Ina AIA Document A102""-2009 iformerly AT01 ""CMa-19921•Copyrl0hl®1976,1900, 1992 and 2009 by The American lnslllule ol7vchllecta. All rights reserved. WARNING: This AIA Document la projected by U.9. Copyright Law antl Inlematlanal Trestles. Unaumodzetl reprotluction or tllaldbutlon of this AIA° Document, oreny portion of It, may result In severe civil end criminal panellise, and will ba prosecutetl to themaxlmum extent poealbla under t the law. This document wee produced by AIA eoaware at 11:46:17 on O9l26I2012 under Order No.6907429600_T which expires an 01!1712013, and Is nol for resale. User Notes: (1386979102) ~, § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion dithe entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Secfions 5.1,4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from tha¢• portion ofthe.Work. § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Pr1ce - § 5.1.5.1 With each Application for Payment, dte Contractor shall submit the wst control information requned in Exhibit A, Detem»rtetitin of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manages or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the peasant Application for Payment § 5,1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5,1.5.3 Subject to other provisions of the Conhgat Documents, the amount of each progress payment shall be computed as folIows:. - .1 Taka fhb Cost ofthe Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Coutraofor's Fee, less retainage of percent ( °/a). The Contractor's Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Contractor's Fee is stated as a fixed sum, an amount wh[ch bears the same ratio to that fixed-sum Fee as the Cost, of the Work bears to a reasonable estimate ofthe probable Cost of the Work upon its completion; .3 Subtract retainage of percent ( °/n) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AIA DocumentA2321M17-2009, General Conditions of the Contract fot Construction, Constructiou Manager as Adviser Edition. § 5.1.5.4 The Owner, Construction Ivlanager and Contractor shall ogee upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts ht accordance with those agreements. § 5.1.5.51n taking acfion on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the inforrnation furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or arithmetic verification ofihe doctunentetioh submittedm accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.5 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA Documsnt A132TM~-2009 formerly A709 raCMa-1892). Copyright®iW5,1080, 1802 end 2009 by TheAmerlcen lnaOWle of Archileels. All r~ghta IRit. reserved. WARNING; Thle AIA Document Is protected by U.a. Copyright Lew entl Inlarnatlonal Treatlea. Unaufhorized reproducllon ordistribution of thla AIA® Document, or any ponlon of It, may result in severe civil and criminal penaltlea, and will he proaeculetl to the mealmum extant possible under t the law. This tlocumenl wag produced by AlA aottware a177:45:t7 on 09!2812072 under Order No.5907428800_7 which explroa on 01177f2013, and Is not fOr resale. User Nolea: 0399978702) § 5,1.6 Progress Payments Where the Contract Sum Is Based on the Cost of the Work with a Guaranteed ' Maximum Price § 5.7.6.1 With each Application for Payment, the Contractor shell submit payrolls, petty cash accounts, receipted lnboices ar invoices with check vouchers attached, end any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.6.2 Each Application far Payment shall be based on the most recent 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 end be prepared in such form sad supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or A1chitect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion ofthe Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incun~ed by the Contractor on account of that portion of the Work for which the Contractor has rriade or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5.1:6.4 Subject to dthei provisions of the Conhact Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined bymultiplying the percentage ofcompletion of each portico ofthe Workbythe share ofthe Guarantied Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AlA Document A232 2009; .2 Add tfiaTportion of the Guaranteed Maximum Price properly allocable to materials and equipment deliveted and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add.the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4,2 ar, iftha Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that Sxed-sum fee as the Cost offhe Work bears to a reasonable estimate of the ptobabte Cost of the Work upon its completion; .4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 51.6.1,to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtryot amounts, if any, for which the Construction Manager or Architect have withheld or mlllified a Certificate for Payment as provided in Section 9.5 of AIA Document A232-2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of paymetts to Subcontractors and (2) the percenffige of retainage held on Subcontracts, and the Contractor shall execute subcontracts in acwrdattce with those agreements. § 5.1.6,6In taking action on the Contractor's Applications for Payment, the Construction Manager and Arrdlitect shell be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not ba deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. AIA Document A192Ta - 2009 formerly A101 T'^CMe-19821. Copyright ®1875, 1960, 1992 entl 2008 by The Amedcen Ina9lule of Amhlhects. All rights Inlf, maerved. WARNING: Thic AIA Document Is protectetl by U.S. Copyright Law and Intemallonel Treatlea. Unauthorized reproduction ordlatdbutlon of this AIA° Document, or any poHlon of It, may result In aevero dull and criminal penaltlec, entl will he prosecuted la the maximum a#ent possible under / the law. Thla tlacumentwea produced by AlA software at 11:45:17 on 06/2612012 under Order No.6907429600 1 which expires an 01/17l2D13, end is not For resale. User Notes: (13669761112) § 5.1.5.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5,2 Fnal Payment § 5.2.1 Final payment constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A23~2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 ': afinalCerfificatoforPaymentorProjectCertificateforPaymenthasbeenissuedbytheArchitect;such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fWLy performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § fi.7loitial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232 2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial 1)ebision IvIaker. (If the parties mutually agree, insert the name, address and other contact tnjormatton of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dlapute Resolution Fox any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contmctor do not select a method of binding dispute resolatian below, or do not subsequently agree in writing to a binding dispute resolution method atlrer than Iitigatlorr, Claims will be resolved by lifigation in a cour3 ofcampetentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232--2009. [ X ] Litigation in a court of competentjurisdiction. [ ] .. Other: (Spec fy) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § .7,1.2 The Work may tie suspended by the Owner es provided in Article 14 of AIA Document A232 2009 as modified. § 7,2 Where the Contract Sum Is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7.2.1 Subject to the provisions of Section 7.2.2below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7,2,2 The Contract may be terminated by the Ovnler far cause as provided in Article 14 of ATA Docnment A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate ( stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an AIA Document A732'a-2009 Iformerly A101'aCMa-1992). Copyrl8hl®1975,1990, 1802 end 2008 by The Amedcan lns9tule ofArchllecls. All rlBhte Init. reserved. WARNING: Thla AIAb Document le protected by n.s. Copyright Law and Intermellonal Trealles. Unaulhorizetl repratlucflon or dletrlbutlon of g this AIA® Document, or any portion of It, may result In severe civil antl criminal penaltlea, entl will be proaaculatl to the maximum extent poaelbla antler t the law. This tlocumenl was produced by AIA soaware at 11:46:17 on 0 912 812 012 under Order No.5907420900_1 which expires on 01A7/2013, and le notfor resale. UserNOtea: (1369878102) amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtreck the aggregate of previous payments made by the Owner, § 7.2.3If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Docuument A232 2009, the amount, if any, to be paid to the Contractar under Section 14.2.4 of AIA Document A232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2. § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by pwchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost ofthe Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and pwchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in'this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Oxmer may requiee for Ute pwpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts ar pwchase orders. § 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 143.2 ofAIA Document A232 2009, except that the term 'profit shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4,4.2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232 2009 as modified or another ContractDOCUroent, the reference refers to that provision as amended or supplemented by otter provisions ofthe ContmctDocuments. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rata 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, tJ'any.) 3/4 df 1%per month § 8.3 The Owner's representative: (Name, address qnd other tnformatian) Keith Watts, Purchasing Manager City ofMeridtan Pwchasing Deparffient 33 East $roadway Avenue Meridian, Idaho 63642 § 8.4 The Contractor's representative: (Name, address and other information) Chad McKibben Energy Enterprise Group, LLC 6061 Corporal Lane Boise, Idaho 83704 Telephone Number: 208-322-2334 Fax Number: 208-995-8175 § t1.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 5.6 Other provisions: AIA Document A132Ta- 2009 formerly A101'aCMa-19921. Copyri9hl ®7976, 1960, 7982 end 2008 by The American Inslllute of Archllecis. All dahls IAIt, reserved. WARNING: This AIA Document is proteeled by U.S. Copydght Law antl International rreallea. Unauthorized reprotluctlon or dlstnbutlon or ~~ this AIA® Document, ar any ponlon of It, may result In severe civil and criminal paneltlaa, end will be prosecuted to the maximum extent possible under / the law. This documenlwea produced by AlA software at 1T:46:t7 on 06128!2072 under Order No.6807426600_t which expires an 01/17/2013, end fs nol7or resale. User Notes: (1366W8102) ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Porm of Agreement Betwoen Owner and Contractor, Construction Manager as Adviser Editon. § 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction;-Construction Manager as Adviser Edition. § 9.1,3 The Supplementary and other Conditions of the Contract: Document Title Date Exhibit A Contract Document Schedule 8/23/2012 § ;g.1.41he Specifications: (Either list th¢ Specifications here or refer to an exhibit attached to thisAgreemenk) Contract Document Schedule, Exhibit A, dated August 23, 2012 ~ (Taable deleted) § 9.1,511teDrawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.8 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 8/]7/2012 432 Pages Portions of Addendarelating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated iu this Article 9. § 9.1.7 Additional documents, if any, forming part ofthe Contract Documents are: .1 AiA Document A132TM-2009, Exhibit A, Determination ofthe Cost ofihe Work, if applicable. .2 AIA Document ];201TN=:2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (List here arty additional documents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides the! bidding requirements such qs advertisement or irlvitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not parr of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the -Contract Documents.) All binding documents including the Invitation to Bid, htstructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and theP7•oject Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions AIA Gocument A133TM-2009 formerly A107TMCMe-1882). Copyrl8ht ®1875, 1890,1992 and 2009 by The American Ins8lule ofArchltecte. All rlghfe Init. reserved. WARNING: Thla AIA Document le protected by U.S. Copyright Law end Intemeflonal ireatles. Unauthadzetl reproduction or dlatrlbutlon of 19 thla AIA° Document, or any portion of It, may rosult In severe eivll and criminal penalties, antl will he prosecutatl to the maximum extent poael6la antler t Ne law. Yhls document was produced by AIA software el 11:46:17 on 09/29/2012 under OMer No.5907428900_1 which expires on 01!77!2013, end Is not for resale, User NOtea: (1396870702) ARTICLE 10 INSURANCE AND BONDS TY1e Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232.2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State bonding requirements, if arty, and limits ofliability for insurance required in Article 11 ofA7A Document A232-2009.) Type of lnsutance or Bond Limit of Liability or Bond Amount ($0.00) 'R~is Agreement is entered into as of the day an! J` st written above. OWNER (Si hi CONTRACTOR (Signature) 7 Tammy t1e Weerd ,Mayor (-.tFt1'b ~ ~~' ~~`~ ~ ~`¢l~' NEiZ Printed name and title). (Printed name and title) AIA Document A732TM - 2008 formerly A101 *"CMa -1982). Copyright ®1975,1980, 1892 end 2008 by The American InaStute of Arohltecls. All dghb Init. reserved. WARNING: This AIA` Document Is protected by U.3. Copyright Law and Intematl°nal7reatlas.Unauthorized reproducllon ordlaldbutlon of 12 this AIA° Document, or any portion of it, may result in severe civil end criminal penaltlea, antl will he prosecuted to the maximum extent posaihle antler t the law. This documenlwas produced by AIA aoawere et 11:45:17 on 09/29/2012 under Ober No.5907429900 1 which expires on 01/17!2013, end Is nat for resale. User NOtes: (1388978102) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer-Musgrove Engineering, P.A. Electrical Engineer-DC Engineering Civil Engineer- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders - Patt 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgsj DRAWINGS COVER- Dated 713112012 A0.1 CaverSheet ARCHITECTURAL SITE PLAN -Dated 7/3112012 A1.0 Slte Plan A1,1 CIVIL -Dated 7/30/2012 C1.0 Cover Sheet /Notes C7.1 C2.0 Grading & Drainage Plan -Overall C2.1 C2.2 Grading & Dmfnage Plan-Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Site & Grading Details C4.1 C4.2 Irrigation Details C4.3 C4f! City of Meddlan Standard Details - 2 C5.0 C5.1 Stormwater Pollution Prevention Plan -2 LANDSCAPE -Dated 7/31/2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plan (dated 7/1 812 01 2) L4.0 ARCHITECTURAL -Dated 7/31/2012 BLD - A A2.OA Overall Floor Plan A2.1A A22A Floor Plan Shop B & C A2.3A A3.OA l Reflected Calling Plen A4.OA AS.OA Exterior Elevations A6.OA Meridian Parks & Recreation Maintenance Facility Page 1 of 2 Site Details Topographic & Control Survey Grading & Drainage Plan -Area 1 Roadway Plan & Profile - E. Lanark St. Site Utility Plan Gravity Irrigaticn Plan & Profile Site, prainage, and Irrlgatlon Details City of Meridian Standard Details -1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/18!2012) Irrlgatlon Details (dated 7!18!2072) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Butiding Sections Augus123, 2012 A(i.1A Wall Sections A6.2A Wall Sections /Detalls A7.OA Interior Elevations /Detalls A6.0 Doar/Window Schedule & Details Ag.O Details/Energy Compliance BLD - B A2.OB FloodRoof Plans A3.OB Exterier Elevations BLD - C A2.OC Flcor/Roof Plans A3.OC Exterior Elevations /Sections A3.1 C Wall Sections /Detalls BLD - D A2.OD FloorlRoof Plans A3.OD Exterior Elevations /Sections STRUCTURAL-Dated 7/31/2072 S1.0 SWctural General Notes 51.1 Special Inspections S2.OA Foundatlon Plan Bld A S2.OB Foundation Plan Bld B S2.OC Foundation / Rcof Framing Plan Bld C S2.OD Foundatlon /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A 54.0 Structure! Detalls -Foundation S5.0 Structural Details-Framing MECHANICAL -Dated 7/30/2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M7.0 HVACPIan-MainBUilding M1.1 HVACPIan-BulldingC M2.0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7130!2012 P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -- Building G P2.0 Plumbing Detalls P3,0 Plumbing Schedules ELECTRICAL -Dated 7/30/2012 EO.D Electrical Cover Sheet E0.1 Site Electdcal Plan E0.2 Electrical Roof Plan E1.0 Power Plan -Bullding A E1.1 Power Plans - Building B, C, $ D E2,0 Lighting Plan -Bullding A E2,1 Llghting Plans -Building B, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Llghting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 ~. v c ~ =AlA Document A132rN - 2009 Standard Form ofAgreementBetween Ownerand Confractor,Construcfion Manageras Adviser Edition Bid Package No. 79-Heating , Ventllafing and Alr Conditioning ADDD'IONS AND DELETIONS: 71~REEMENT made as of the Twenty-Forth day of August in the year Tbvo Thousand The author of this document has -Twelve added Informallan needed for Its (In words, indicate day, month andyear:) comptetlon, the author may also have revised the text of the odglnal BETWEEN Ote Owner; ~- AIA standard form. An Additions and (Name, legal status, gddress and other information) Daletlons Report Ihat notes added _ Information as well as revisions to the City Of Meridian ~ ~ ~ ~ ~ elandard form text Is available from 33 East Broadway Avenue the author and should be reNewed. A Meridian, Idaho 83642 vertical Ilne In the left margin of this . ~ document Indicates where the author and the Corltrautor• has added necessary Information (Name, legal status, address and other information) and where the author has added to or deleted from the odglnal AlA text. BSR Ventures, LLC dba Advanced Heating & Cooling Thls document has Important legal 721 North ]talstm Street consequences. Consultallon with an Meridian, Ideha 83642 anomey Is encouraged with respect Telephoto Numberl208.896-9100 to Its comptetlon or modlacallon. FexNumber: 20$-846-9200 This document is Intended to be used for the following Pfoject: In conjunction with AIA Documents TM (Name, location and detailed description) -2008, Ganerel Conditions of A232 the Contract for Construcllon, ~' ` Meridian Parks &;R@breation Maintenance Fac11iTy Construcllon Manager as Adviser Edllion; B132*"'-2009, Standard 1700 East Lauaik8treet Form of Agreement Between Owner Meridian, Idtifio 83642 and Architect, Construction Manager as Ad><tser Edltlon; and The Construction Manager: ct32TMaoos, Standard Form Of (Name, legal status, address and other information) Agreement Between Owner and Construcllon Manageras Adviser. I{reizenbeck LLC I)HA Kreizenbeck Constructors AIA Document A232TM-2009 Is 11724 West Executive Drive adopted In this document by Boise, Idaho 83713 reference. Do not use with other Telephone Number: (208) 336-9500 general conditions unless this Fax Number: (208) 336=7444 document Is modlaed. The Architect: {Name, Jegal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows, AIA Document A7]2'"-2008 formerly A701'"'CMa-1992). Capyrtghi®1975,1830, 1982 end 2008 by The American lns3lute of Architects. All rtghle Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyrtght Law and rnlamatlonal Treatlea. Uneuthortzed reproduoaan or dblrlbullon of Lhia AIAe Document, or any portion of It may result In severe civil and criminal penaltlee, end will ba prosecuted to the maximum extent poesl6le antler 1 the taw. This documenlwas produced byAlA software at 11;44:32 on 08/28/2012 under Order No.6907423a00 1 whloh expires on 01117!2013, end le not far rebate. User NOtae; (1412385824) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF TWI5 CONTRACT S DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION .4 CONTRACT SUM 3 PAYMENTS 8 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION g MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specificaticns, Addenda issued prior to execution ofthis Agreement, other documents listed in this Agreement and Ivlodificationsirsued after execution of this Agreement, all ofwhlch form the Contract, and are as fully a part of the Contract ~ 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 oragreements, either written or oral. An ehumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the V/ork described in the Contract Docnments, except as specifically indicated in the Contract Documents tli be the responsibility of others. Bid Requirements: Provide all labor, material, permits and equipment to complete work of furnishing installing a complete and operable, HVAC system as noted In tke construction documents and per the following: Division I -General Requirements ~ ~ , Section230800 - Commissioning ofI3VAC Section 079200-Joint sealants** ** As applicable to this scope ofwork Section 230000 •-HVAC General Regairements Section 230100-- Heating,ventilatingandAirConditioning Tkis contract specif"icallyincludes but is not limited to: • Provide and install a complete HVAC and control system. • Make all penetrations as necessary to install work under this work package. • Testing and balance of mechanical systems included in this work package. • Provide and install all hangars, rods, supports and seismic braces for equipment installed in this work package. • This bid package includes use of permanent HVAC equipment for temporary heating as directed bythe Construction Manager; All extended warranties and associated cost shall ba included in the base bid. Replace all filters as required during construction and at the time of substantial completion. • Furnish and install n complete operable control system as indicated by the wnsnuction doouments. This includes canho] wiring. • Furnish and install refrigerant piping and associated pipe insulation as indicated by the construction documents. • Furnish and install all HVAC concentric vent piping and floe piping as indicated by the construction documents. AIA DocumanE A132^" - 2008 ((formerly A701T•CMa-1992). Copyright ®1975, 1900, 7(182 end 2009 by The Amedcen Inaalute of grehllecte, All dghW Init. reearvad. WARNING: Thia AIAb Document is protected by U.B. Copyright Lawend Inlarnational Treaklea. Unaulhadzed reproduction or dlatdbutlon of thla AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will he prosecuted to the maximum extent posalble under ) the law. This document wee produced byAlA saflware at 11:44:32 on 00/20/2012 under Order No.5907420000_1 which explraa on 01/17/2013, and Is not for roaele, User Notes: (1412306824) • Frovide and install all blacking, supports and shims required for this scope of work. • Supply ell hoisting required for work wltlrin this package. • ~ Provide and install all access doors es requked for this scope of work. •' ~~ Coordinate special framing requirements with framing or drywall contractor as requ'ved, . • ~ Ccordinate all penetrations with other trades as required by this scope of work, and provide ell fleshings, flanges, and sealants for penehadons. Furnish and install mechanical louvers and vents as indicated on mechanical drawings. Architectural Icuvers and verlts specified under section 089000 are by other. Make final connection to architectural louvers as indicated by the construction documents. • Scope of the work remains the same for all buildings identified in the construction dotxuueDts. • Scope of work for alternates remains the same as base bid. (as applicable) This contract apeciSrcally excludes: • Furnish and install all tIVAC condensate piping. • Section 089000 Louvers and Veuts • Conduit & Soxes for Control systems by electeical ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.7 The date of commencement of the Work shall ba the date of this Agreement 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. (Insertthe date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The comritencement date will be Sxed in a notice to proceed. 7f, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: / § 3.2 The Conract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion ofthe entire Worknot later Gran ( )days from the date of commencement, or as follows: (insert number ofcaJendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement.Ifappropriate, insertreguirementsforearlierSubstanttalCompletfonofcertatnportionsofrhe Work) The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013. fTabTe deleted) stibject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ;fany, far liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments far early completion of the Wark) In the event the Contractor, without mccuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall paytli the Owner as liquidated damages, end not as a penalty, the sum of One Thousand Dollars ($1,000.00) or r/.°f ofthe Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages faraday, or days of the excusable delay ocwrring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.7 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Stun shall be one ofthe following: (Check the appropriate box.) [ X ] Stipulated Sutn, in accordance with Section 4.2 below AIA Document A182TM- 2004Iformerly A7a1T"CMa-7992). Copyright ®1976,1800, 1082 and 2008 by The Amerlean Inatllute ofArohlfecls. All rlghN IRI6 reserved. WARNING: This AIA` Document Is protected by U.S, Copyright haw and Inlernatlonal Tteattea. Unauthorized reproducllon or distribution of thla AIA° Document, or any portion of It, may result in severe civil and cdminal penafttes, and will 6a prosecuted to the maximum extent poss161e under l the law. Thle deeumenl was protluced by AIA software al 11:44:32 an 08/2012012 under Qrtler No.590742aa00 1 which expires an 01n7/2013, and Is not for resale. User NOtw: (1412 3 950 24) [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of [he Work plus the Contractor's Fee vnth a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section S.l. 4, 5.1. S or 5.1.6 below.) § 4.2 Stipulaled Sum § 4.2.11he Stipulated Sum shall be Forty Thousand Nine Hundred Eight Dollars and Zem Cents ($ 40,908.00 ), subject to additions and deletions as provided in the Contract Documents. Here Bid :: $40,908.00 § 4.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the ContractDocuments and are }iereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution ojthrsAgreement, attach a schedule ofs:u:h other alternates showing the amountfar each and the date when that amount expires.) N/A § 4,2.31lnitprices,ifany: (identify and state the unit price, and state the quantity limitations, 7f argy to which the unitprice will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (ldeirt~ allori%ance and state exclusions, if arty, from the allowance price.) Item Allowance § 4.3 Cosk of the Work Plus Contractor's Fee without a Guaranteed Maximum Price § 4.3:1 The Contract Sum is the Cost of the Wark as dafinad in Exbib$ A, Determination ofdte Cost of fhe Work, plus the Contractor's Fee. § .4.3,2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or otherprovision for determining the Contractor's Fee.) § 4.3.3 The method ofadjus[ment ofthe Contractor's Fee fot changes in the Wark; § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost ofits portion ofthe Work: § 4.3,5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place ofthe Project. § 4.3.6 Unit prices, if any: AlA bacumant Ai 32*•-2009 formerly A101 ^"CMe-1992). Copyrlght01976,1960, 1992 and 2009 by7he Ametlcen lns6tute ofAmhllects. All rights Inlt reasrvad. WARNING: This AIAi Document la protaetetl by U.a. Copyright Law and Intemetlonal Treafles. Unaulhodzetl reproduction or dlslributlon o! thle AIA~ bacumant, or any podlan o} It, may recall In eavere civil ana cdmtnal penallles,and will be prosecuted to eha mezhnum extent poselhis antler ) the law. This document wea produced by AlA sofhvere 0111;44:32 on OBl26/2012 antler Order NO.5807426600-l which expires on Otn7r2073, end le nelfor resale. User NOtee: (1412395624) (Identify and state the unit price; state quantity linritations, ifany, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination ofthe Cost of the Work. § 4,4 Cast of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4,4.1 The ContractSumistheCostoftheWorkasdefinedinExhibitA,DeterminationoftheCostoftheWork,plus the Contractor's Fee. § 4,4.2 The Contractor's Fee: jState a lump sum, Percentage of Cost of the Work or other provision for determining the Contractor's Fee.) § 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.4.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases inthe cost of its portion ofthe Work: § 4.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( °/a) of the standazd rate paid at the place of the Project. § 4,4.6 Chit Prices, ifany: (identify andstate the unt[prtce, andstate the quantity limitations, ifany, to which the unilprice will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4A.7Guaranteed Maximum Price § 4.4.7.1 The stun of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor notto exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximwn Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (insert speck provisions if the Contractor is to participate in any savings.) § 4.4.7,2 The Guazanteed Maximum Price is based on the following alternates, ifany, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed IVlaximum Price, if any: (Identify and state the amounts of arty allowances, and state whether they include labor, materials, ar both.) Item Allowance § 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: AIA Document A172r" - 25D91form~rly A191 T"CMa -19821. CopyrlDht ®197b, iBD9, 1992 end 2908 byThe Amedcan Insatule of Archltacls. All rl9hte Init. reserved. WARNING: This AIAy Document Is proteetatl by U.S. Copyright Lawend International 7reatlae. Unauthorized reproducaon or dlstnbutlon of thla AIA° Document, or any porllon of It, may rosult in eavere civil and criminal penalties, and will be prosecuted to the maximum extant poealhle under t the law. 7hla dowment wes produced by AlAeoftwera x171:44:32 on OD12D/2912 under Order No.bBW42De9a_i which expires an 97/17/2013, end le notfor reeale. Uesr NOtae: (1912385D24) ARTICLES PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the ContractDocumants. § 5,1.2 The period covered by each Application for Payment shall be one calendar month ending on the lest day ofthe month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a mondr, the Owner shall make payment of We certified amount in the Application for Payment to the Contractor not later than theTwenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall ba made by the Owner not later than Thiiiy (30) days altar The Construction Manager receives the Application for Payment. (Federal, state br local lotus may regaire payment within a certain period of dme.) § 5.1.4Ptogre'ss Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.7 Eaoh Application for Payment shall be based on the most recent schedule of values submitted by the Contractor aril apprayed iri writing by the Construction Manager and Architect in acwrdance with the Contrast Dociimegts. The schedule ofvalues shall allocate the entire Contract Sum among the various portions ofthe Work and be prapaied in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1;4,?. Applications for Payment shall showthe percentage ofcompletion of each portion oftha Work as ofthe end of the piiiiod covered by the Application for Payment. § .5.1.4,3 $ubjeCt to the provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion ofthe 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 ofthe Work in the approved schedule of values, loss retainage of Five percent. (5.00 %). Pending final determinahon of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 ofthe General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and 'suitably stored atthe site for subsequent incorporation in the completed construction (or, if approved in writing iii advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainagti of Five percent (5.00 %); .3 Sp~itract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate fnr Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Coropletiott of the Work, a sutra sufficient to increase the total payments to Ninety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect detetrnines for incomplete or defective Work, or bath and unsettled claims; and AIA Document A732TM-2008 formerly A107 TMCMe-1082). Copyrl8hl®t076,1000, 1082 and 2ooe by The Amedcan lnsUlute ofArehllaate. All rlahte InIL rsaerved. WARNING: This AIA Document la protected by U.S. Copyright Law antl Intematlonal Trestles. Unauthorizetl repratluctlon ordlatrl6utlon of this AIA° Document, or any portion of Ir, may result In severe siVll end criminal penalflea, and will be prosecuted to the maximum extent poasihle under 1 lha law. Thla document was produced 6y qIA aoaware at 17:44;92 an OBI20I2012 under Order N°.580742a000 t which expires on 0 117 712 0 7 7, and Is n°I far resale. User NOtea: (1412305624) .2 Add, iffinal completion ofthe Work is thaeaftermaterially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 of the Oen~•al Conditions, as modified. § 5.1.4.5 Reduction ar limitation of retainage, if any, shall be ¢s follows: pfft is intendett, prior to Substanital Completion of the entire WarlS to reduce or limit the retainage resultingfrom the percentages inserted in Secn'ons 5.1.4.3. ]and 5.1.4.3.2 above, and this is net explained elsewhere in the Contract Docdments, insert here provisions forsuch reduction or limitation) No reduction in retainage will be allowed prior to final completion without written approval of the Ovmer. § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion ofthe Work. § 5.1.5 Progress Payments Where the Contract Sum le Based on the Coet of the Work without a Guaranteed Maximum Price § 5.1.5.1 With each Application far Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Wor$ along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account ofthe Cost ofthe Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5,2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5,3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take rho Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Clintractor's Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probab]e Cost ofthe Work upon its wmpletion; .3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 oe resulting from errors subsequently discovered by the Owner's auditars in such documentation; and .5 Subtract amounts, ifany, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AIA Document A232'rar 2009, General Conditions ofthe Contract for Construction, Construction Manager as Adviser Edition. § 5.1.5,4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements, § 5.1.5.5 In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information fiuaished by the Contractor and shall not be deel~ed.to represent that the Construction Manager and Architect have made a detailed examination, audit or arithmeEc verification of the documentation submitted in accordance with Article 5 or other supporting data; that the Construction Nl'anager and Architect have made exhaustive or continuous on-site inspections; or that the Constmcton Manger iiiud At'Chitect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously p¢id on account ofthe Contract. Such examinations, audits and verifications, ifrequired by the Owner, will be performed by the Owner's auditors acting in the sofa interest of the Owner. Ina AIA Doeument 0.132'".. 21109`fonnerly 0.101 TMCMa-1992(, Copyd9hl®7876,1900, 1992 and 2009 by The Amerkan lneUWla alArchllecls. All rtghta reserved. WARNING Thls AIA Document la protected by U,9. Copyrtaht Law end International Trealiea. Unauthortzed roproductlon or diatdhutl°n of this AIAs Document, or any ponion of IL may result In severe civil entl eriminal penalties, and will he proaecutetl to the maximum sxtent poaslhle antler i the law. This document was produced byAlA software at 11:44:32 on OBI2a12012 under Order No,6907426600 1 which expires on 01/1712013, and Is not Ior resale. User Nofea: (1412995624) § 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered end stored et the site. § 5.1.5 Progress Payments Where the Contract Sum Is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices wish check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal m exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.6,2 Bach Applicatioi for Payment shall be based on the most recent schedule ofvalues submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the enthe Contrast 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 end Architect may require. This sahedule, unless objected to by the Construction Manager or Architect, shall ba used as a basis for reviewing the Contractor's Applications for Paymenk § 5,1.5,3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of ttte period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Conirnetor on acceunt of that portion of the Work far which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guarantced Maximum Price allocated to that portion of the Work In the schedule of values. § 5.1,6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion oftha Guaralrtced Maximum Price properly allocable to completed Work as determined by multiplying the percenffige of completion of each portion of the Work by the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final detennination of cost to the Owner of changes in the Work, amounts not in dispute shall be included ss provided in Section 7.3.10 ofAlADocument A232-2009; .2 Add that portion of the Guazanteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, ifthe Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-stun fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting fiom errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate far Payment as provided in Section 9.5 of AIA Document A232 2D09. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure far review and approval ofpayments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.7.5.8 ht taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shell ba entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5.1.6,1 or other supporting data; that the Construction Manager or Architect have made exhaustive ox continuous on-site htspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts AIA Document A192TM-2009 formerly A101T"CMa-19921. Copyrlghl®7970,1990, 7992 end 2008 by The American lnatlWle oFArchltecls. All righfs Inlt, reserved. WARNING: Thla AIAe Document Is protectetl by U.S. Copydgbt Law and Internallonal Treatise. Unaulhodzed reproduction or distdbutlon of thle AIAe Doeumont, or any portion of Il, may result In seven civil antl criminal penalties, antl will bo proeaculod to the maiunum extent poealble under 1 fhe law. This document was produced byAlA software et 17:44:92 on Oal29/2012 under Order No.600742Ba00 1 which expires on Off17/2013, and is nolfor resale. User Notes: (14123Bfie24) previously paid on account of the Contract. Such examinations, audits and verifications, ifrequired by the Owner, will 4 ~ be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232--2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate fox Payment has been issued bythe Architect; such I final payment shall be made by the Owner not more than 30 days aft~• (1) the Contractor has fully perforine3 the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment or as fellows: ARTICLE 6 DISPUTE RESDLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232--2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (!f the parties mutually agree, insert the name, address and other contact information of the /nitial Decision Maker, if other than the Architeck) § 6.2 Blnding Dl;pate Rtisolution For any Claim subject Sg butnotresolved by, mediation pursuant to Section 15.3 ofAIA Document A232-2009 as modified, themetliod ofbinding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subseguently agree to lvrtb'ng to a binding dispute resolution method other than littgatiox Claims will be resolved by litigation in a court ofcompetent jurisdiction.) [ ] Arbitration pursuantto Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Otheit'(Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sdm is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of ATA Document A232--2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. § 7.2 Where the Contract Sum Is Based on the Cost of the Wark with or without a Guaranteed Maximum Pdce § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may ba terminated by the Owner or the Contractor as provided in Arficle 14 of AIA Document A232--2009. § 7.2.2 The Contract may be terminated by the Owner for cause as provided in Arficla 14 of AIA Document A232 2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incttrred by the Contractor to the date of termination; loft AlA pocument A132Ta-2009 formerly A101'•CMa-1992). Capyrlght ®1975,1960, 1892 end 2009 by The American lnstllule ofArchllects, All rights reserved. WARNING: Thla AIA Document Is protected by U.e. Copyrlghf Lew entl Inlernelional Trestles. Unauthorlred reproduetlon or dlatrlbutlon of fhla AIq• pocument, orany poAlon of It, may result In severe civil and criminal peneltlea, entl will be prosacutetl to the maximum extent poaelble under t the law. This tlocumentwas praducetl by AIA eoflware et 11:44:x2 on 09/26/2012 under Order No.6907426a0D 1 which expires on 01/17/2073, and Is twl for renale, User Notes: (1412396629) .2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate statedm Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fea is stated as a fixed sum, en amount that bears the same rafio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. § 7.2.31fthe Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232--2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232--2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shah it exceed the amount calculated in Section 7.2.2. § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at Ore election of the Owner, for any equipment owned by the Contractor thatfite Owner elects to retain andthat Is not otherwise included in the Cost ofthe Work under Section 7.2.1. To the extent thatd7a Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute end deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contredor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 7.2.5 The Work may be suspended by the Owner as provided in Article 14 ofAIA Document A232 2009; in such case, the Contract Sum'and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232-2009, except that t}re teiirt 'profit' shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4,2 ofthis Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.7 Where reference is made in this Agreement to a provision of AIA Document A232 2009 as modified or another Contract Document, the reftirehae refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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 arry.) 3/4 of 1% per month § 8.3 The Owner's representative: (Name, address and other irrformationJ Keith Watts, Purchasing Manager City of Meridian PurchasingDepartment 33 East Broadway Avenue Meridian, Idaho 83642 § 8,4 The Contractor's representative: (Name, address and other information) Robert Ginkal BSR Ventures, LLC dba Advanced Heating & Cooling 721 North Ralson Street .Meridian, Idaho 83642 Telephdne Number: 208-846-9100 Fax Number: 208-846-9200 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the ( other party. AIA Oocument A732T"-2009 rformerly A701T"CMa-19921. Copyd8hlm 1875,1880, 1892 and 2008 by The Amedcan lnalllule ofM°Ntects. All rights Init. reserved. WARNING: 7hls AIAO nocument la protected by U.S. Copyright Lew end Intematlonal TraaNee. Unauthodzatl reproduction ordistrlbutlon of .( 0 thla AIA° nocument, or any portion of It, may result In severe clvll and cdminal penalliae, antl will ha proe°euted to the mexlmum extent poaslble under t the law. This dowment was produced by AIA software at 71:44:32 on OB/2B/2012 under Order No.6807428800 1 which expires on 01/17/2013, and le not for resale. Ueor Notes: (1472386824) {, ~ § g.60therprovisions: ARTICLE 8 ENUMERATION OF CONTRACT bOCUMENTS § 9.119te Contract Documents, except fnr Modifications Issued after execution ofthis Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132--2009 as modified, Standard Form of Agreement Between Owner and Colttmctor, Conshvction Manager as Adviser Edition. § 9,1.2 The General Conditions are, AIADocument A232--2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Bdition. § 9.1.3 The Supplementary and other Conditions ofthe Contract: Document Tllle Date Exhibit A Contract Document Schedule 8!2312012 § 9.1.4 The Specifications: (Either list the Spec(fications here ar refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 ~ (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 6/17/2012 432 Pages 2 Portions of Addenda relating to bidding requirements are not part of the Contract Docrunents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 ATA Document A132T"L2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AiA Document E201T~2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AlA Document E202TM 2008, Building hlformation Modeling Protocol Exhibit, if completed, or the following: N/A .4 .Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA DocumeMA232-2009provldesthat bidding requirements such as advertisement or irrvitation to bid Instructions to Bidders, sample forms and the Contractor's bid are notparl ofthe CantractDocuments unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Document A732'"- 2000 Pormarly A101 *aCMa-10821, Capyrlght ®7875, 1880,1882 and 2008 by The Amarlcen Insomte ofArchiteale, All dghta Init. reserved. WARNING: Thla AIA Doeumenk la protested by U,3. Copyright Lew end International Treatlea. Unauthorized reproduction or dlatdbutlon of 11 thla AIA° Document, or any portion of It, may result In severe clvll end cdminal penelllea,and will 6e prosecuted to the maximum extent poealble under f the law. Thle document was produced by AIA software et 17:44:32 on 0812612072 under Order No.580Y42eB00_7 which expires an D111 7 12 0 1 9, end Is not for reaele. UaarNotea: (1412396624) All binding documents including the levitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Fonns, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall pwchase and maintain inswance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified -Refer to Supplemental Conditions modifying AlA Document A232-2009 for changes and additions to Article 11 "InSwance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. ($tgte bonding requirements, }f any, and Limits of liability for insurance required in Article ll ofA7A Document A232-2009.) ' Type of Insurance or Bond Limit of Liability or Bond Amount (50.00) This Agreement is entered into as of the day and year st written above. ~~~~ ~.. OWNER (Signa CO TRACTOR (Sig re) Tammy de Wcerd ,Mayor '~Jr?~ T'G~ • ~fMkAS~i.- ~ rpr~f i~i~~ (Primed name and tttle) (Printed name and title) IDIt. AIA Document A132TM-2008 ifortnedy A101 TMCMe-7992). Copydghl m 1975, 1880, 1882 entl 2009 by The Amedcen IneOlute aFArohltecLa. All dghfa reserved. WARNING: This AIA Document Is protected by U.S. Copydght Law and International Treaties. Unauthorized reproduction or tllstdhution of 12 thla AIAe Document, or any portion of It, may result In severe clvll end erlminal penaltlea, and will he prosecutetl to the maximum extent poasl6le under t the law. Thla tlocument was protluced by AIA software at 11:44:32 on Oe/2tU2072 under Order No.5807429800 1 which expires on 01/1712013, end Is not for fe8ale. Ueer Notee: (1412395624) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) ( ~ Meridian Parks & Recreation Maintenance Facility 9700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer - AHJ Engineers Mechanical and Plumbing Engineer- Musgrove Engineering, P.A. Electrical Engineer-DC Engineering Civil Engineer- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) ~ DRAWINGS COVER -bated 7/31/2012 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Site Plan A1.1 Slte Details CIVIL -Dated 7/30/201 C1.0 Cover Sheet /Notes C1.9 Topographic & Control Sunray C2.0 Grading & Drainage Plan -Overall C2.1 Grading 8, Drainage Plan -Area 1 C2.2 Grading & Drainage Plan -Area 2 C2.3 Roadway Plan & Profile - E. Lanark St. C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 Site Utlllty Plan C3.1 Sewer Plan & Profile C3.2 Gravity Irrigation Plan & Profile C4.0 Slte 8 Grading Details C4.1 Site, Drainage, and Irrigation Details C4.2 Irrigation Details C4.3 City of Meridian Standard Details -1 C4.4 Cily of Meridian Standard Details -2 C5.0 Stormwater Pollution Prevention Plan -1 C5,1 Stormwater Pollution Prevention Plan-2 LANDSCAPE -Dated 7/31/2012 or as Indicated below L1.0 Landscape CoverSheel L2.0 Landscape Plen L2,1 Landscape Plan L3.0 Landscape Plan (dated 7/18/2072) L3.1 Irrigation Plan (dated?/t8/2o12) L4.0 Irrigation Detalls(dated7/78!2012) ARCHITEC TURAL-Dated 7/3112 0 1 2 BLD - A A2.OA Overall Floor Plan A2.1A Floor Plan Office /Shop A A2.2A Floor Plen Shop B & C A2.3A Floor Plan Shop D A3.OA Reflected Ceiling Plan A4.OA Roof Plan AS.OA F~cterlor Elevations AB.OA Building Sections Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 7 of 2 A5.1A Wall Sectlons A6.2A Wall Sectlons /Details A7.OA Interior Elevatlons /Details At3.0 DoorlWlndow Schedule & Details Ag.O Details/Energy Compliance BLD - B A2.OB Floor/Roof Plans A3.OB Exterior Elevagons BLD-C A2.OC FloodRoof Plans A3.OC Exterior Elevations /Sections A3.1C Wall Sections / Detalls BLD - p A2.OD Floor/Roof Plans A3.OD Exterior Elevations / Secgons STRUCTURAL -Dated 7/31/2012 51.0 Structural General Notes S1.1 Special Inspecllons S2.OA Foundation Plan Bid A S2.OB Foundation Plan Bld e S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details -Foundation S5.0 Structural Oetails-Framing MECHANICAL -Dated 7/30/2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVAC Plan- Main Building M1.7 HVAC Plan -Bullding C M2.0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7/30/2012 P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -Building C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRIC AL -Dated 7/3012012 E0.0 Elecldcal Cover Sheaf E0.1 Slfe Electrical Plan E0.2 ElecUfcal Roof Plan E1.0 Power Plan -Bullding A ~- E1.1 Power Plans- Bullding B, C, & D E2.0 Ughting Plan- Bullding A E2.1 Lighting Plans -Building B, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Merldlan Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 ~. TT ~ "' ~• ~AlA Document A132T" - 2009 Sfalndard Form ofAgreement Between Owner and Contractor,Construction Manageras Adviser Edition Bid Package No. 78- Plumbing ADDITIONS AND DELETION3: AGREEMENT made as.of the Twenty-Forth day of August in the year Two Thousand The author of this document has Twelve added Information needed for its (In words, indicate day, month and year.) completion. The author may also have revised the text of the odglnal 6ETWEEN the Owner: AIA standard form. An Additions and (Name, legal status, address and other informatlanJ Deletions Report that notes added Infarmatlon as well es reVlslons to Iha City of Meridian standard form tax! Is avellable from 33 East Broadway Avenue Iha author and should be reNewed. A Meridian, Idaho 83642 vertical Iina In the left margin of this document indicates where the author aridthe Contractor; has added necessary Information (Name, legal status, address and other information) and where the author has added to or deleted from the original AIA text. Paige IvIechanicel Group, Inc. PO Box 170360 Boise, Idaho 83717-0360 / Telephone Number: 208-331-9000 l Fax Number: 208.331-9095 for the following Project: (Name, location and detailed description) IVIeiidian Parks &)3ecreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 The Construction Manager. (Name, legal status, address and other information) I(reizenbeck, LLC DBA Kreizenbeck Constructors, 11724 West Executive Drive Boise, Idahc 83713 Telephone Number: (208) 336-9500 Fax Number: (208) 336-7444 The ArchiEect: (Name, legal status; address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 8370G Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. This document has Important legal consequences. Consullatlon with en attorney Is encouraged with respect to Its completion or modtflcallon. This document Is Intended to be used In conJunctlon with AIA Documents A232TM-2009, General Conditions of the Contract for Conatructlon, Construction Manager es Advlaer Ed10on; B132}e-2009, Slantlard Form of Agreement Between Owner end Architect, Construcllon Manager as AdNser Edition; and C132Ta-2008, Standard Form of Agreement Belwaen Owner and Construction Manager as Adviser. AIA Document A232*"-20091s adopted in this document by reference. Da not use with other general condatons unless this document Is modlaed. AlA Document A732TM - 2009 formerly A101 ieCMa-1992). Copyrlpht ®1976,1950, 1892 entl 2009 by The Amedcen Inalltule of ArchlEects. All rtghts Init. reserved. WARNING: This AIA Document la protactatl by U.a, Copyright Law end Intarnatlonal Trestles. Unaulhodzed reproduction erdlatrthution of this AIAa Document, or any portion of It, may result In severe elvll and erlminat penalties, and will he prosaouted to the maximum extent peasl6le under / the law. Thla document was produced by AIA software of 71:43:49 on 0 9 /2 012 01 2 under Ortler No.580742a900 1 which expires an o7n7/2013, end Is not for resale. User NDfea: (1764776016) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 3 PAYMENTS 6' DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION e MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 1D INSURANCEANDBONDS ARTICLE :1 TH.E.CONTRACT DOCUMENTS The Contract Docuirients consist ofthis Agreement, Conditions ofthe Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution ofthis Agreement, otbee documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contrail, and aze as fully a part of the Contract as if attached to this Agreoment or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, eithee written ar oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE _2 THE WORK OF THIS CONTRACT The Confracfor sh&Il fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract~oo7unents to be the responsibility of others. Bld Regulretnerits: Provide all labor, material, permits and oqulpment to complete work of furnishing installing a complete and operable plumbing system as noted in the construction documents and per the follovvdg: Division L=General Requirements Section 220100 --Plumbing Section 312000-Earth Moving** Section 220800 - Commissioning of Plumbing Sectiori 079200 -Joint sealants" ** As applicable to this scope ofwork Section 2200011-Plumping General Requirements 177is contract specifically includoa but is not Umited to: • Furnish and install aD water, sewer, gas, compressed air and vent piping as indicated by the conshuction domlments. (Including hose bibbs) • Make connections to all site utilities brought to within 5' of building by others, including but not limited to gas, sanitary sewer and water. Provide cleanouts as shown. • Furnish and install all pipe insulation in accordance vrith the constmetion documents. • Furnish and install the compressed air system as indicated by the oonshuclion documents. • ~7mish and install condensate drain piping as indicated by the constvction documents. • Famish and install 1500 gallon flammable liquid interceptor complete with clean outs and vents. Provide all piping and accessories from Flammable liquid interceptor to the building end building slab. This includes the two 4" cieanouts and vent lines. Provide cast iron covers and all concrete collars associated with cleanouts and interceptor. • Provide and install trench drain. Coerdinate with concrete contractor. • Excavation, backfdl and trenching for your work. Provide suitable fill far h7:nching operations as required. AIA Document A732TM-2009 formerly A707"'CMe-7882). Copyrlght®1975, 19a0, 1892 and 2008 by The American lns0lula orAmhltecla. All dghle IDIt, raoorvod. WARNING: Thin AIA Document 19 protected by U.B. Copyright Law end Inlernaflonal Tmatlea. Unauthodzetl reproduction or dlaldbutlon of lhla AIA° Document, or any porllon or it, may result In severe civil and eriminal penaltlea, and will 6e prosacutetl to the maximum extent poael6le antler / the law. This document was produced 6y AIA software et 11:43:40 an 0 0 72 0/2 01 2 under Order No.580742aB0g_7 which expires an 61/17!2013, and Is net for reeele. Ueor Notoa: (1704775070) % " • Provide, install end remove (1) frost free water hydrant for temporary water during constmction. Locate as per site 1 superintendent. • Make all penetrations as necessary to Install work tinder this work package. • Testing and balance of phrmbing systems as required within this work package. • Provide and install all hangers, rods, supports and seismic braces for equipment installed in this workpackage. • Install and Connect to xesidentisl equipment provided by owner. • Furnish and install residential dishwasher as Indicated on the construction documents. • Pmvtda and inslnll all blacking, supports and shims requiredfor this scope of work, • Supply all hoisdngrequired for workvvithin this package, • Coodinate special framing requirements with framing wntmctor as required. • Coordinate all penetrations with other Vades as required by this scope of work. Provide al] fleshings, flanges, and sealartts for penetrations. • Scope Df the work remains the same for all buildings identified in the constmction documents. • Scope "ofwork for alternates remains the same as base bid. (as applicable) This contract specifically excludes: • Site utilities 5' outside of building except as noted above ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date ofcommencenrent, if it differsfrom the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires Nine to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows; § 3.2 The Coniract Timo shall be measured from the date of wmmencement. § 3.3 The Qdhtractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement, eras follows: (Insert number of calendar days. Alternatively, a calendar date maybe used when coordinated with the date of commencement. Ifappropriate, insert reguirementsfor earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013. (T'abl¢ deleted) subject to adjustments ofthis Contract Time as provided in the Contract Documents. (insert provisions, ifany, for liquidated damages relating to failure to achieve 5ubstan[ial Completion an time or for bonus paymenisfar early completion of the Work) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or y% of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Tima. ARTICLE b CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one ofthe following: AIA Document A132's-2008 `rformerly A101'aCMa-1992). Copyright ®1975, 1980, 1sa2 and 2009 by The Amadcen InstlWle oFArchllects. All rlahta Init. roserved. WARNING: This AIAb Document la protected by U.S. Copyright Lew end Intarnafional Treatlea. Unauthorized reproducllan or dlstrlbutlan of this AIA° Document, orany portion of It, may result In severe civil antl criminal penalties, and will be prosecuted to the maximum extent possible under ) the law. This documenlwes produced by AIA software e111:43:46 on 0 9/2 812 01 2 untlel Order No,5807426600 1 which expires On 01/17/2013, and is not for roeele. Veer Notes: (1764776019) (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Wark plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section A.2, 4.3 or 4.4 below. Based on the selectien above, also complete either Section 5.1.4, 5,1,3 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.7 The Stipulated Sum shall be Forty-One Thousand Nine Hundred Fifty-Eight Dollars and Zem Cents ($ 41,958.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $41,958.00 § 4.2.2 The Stpulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers ar aiher identification afaccepted alternates. Ifthe bidding orproposal documentspermittha Owner to accept other alternates subsequent to the execut[on of this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Iden[[fy and state the unitprice, and state the quantify limitations, if arty, to which the unitprice will be applicable.) Item Units and Limltatlons Price per Unlt ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if arty, frmn the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's fee without a Guaranteed Maximum Pdce § 4.3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor's Fee. § 4.3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in kha Work: § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work: AIA Document A102r" - 2000 /1formerly A101 r"CMa - 7992}. Copyright ®1 875, 1980,1992 end 2008 byThe American InoOfuta of Archllecta. All Hghle Init. reeervao. WARNING: Thle AIA& Document la protected by u.s. Copyright Law and Intemaaonal Treatlea. Unauthorizad repraduetlon or dletdbullon of 4 Isle AIA Dacumen4 or any ponlon of lt, may reaultln severe civil and criminal penaltlea, and will he proeaeutad to the maximum extant poael6la under / the law. Thla documanlwae produced byAlA software at 71:43:46 on 06!28/2012 under Order NO.500742a90D 1 which expires on 01n7/2013, end Is nolfar roaele. Uear Notes: (7784775010) § 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project. § 4.3.5 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit {$0.00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing Phis Agreement. The Control Estimate shall include the items im Section A.1 of Exhibit A, Determination of the Cost ofthe Work, § 4.4 Cost of fhe Work Plus Contractor's. Fee with a Guaranteed Maximum Price § 4.4.9 The Contract Sum is the Cast of the Work as defined in Exhibit A, Determination of the Cost ofthe Work, plus the Contractor's Fee. § 4.4.2 Tha Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) § 4A.3 The method of adjustihent of the Contractor's Fee for changes inthe Work: § 4.4,4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost ofits portion of the Work: § 4,4;5 Rental rates for C_ ontractor-owned equipment shall not exceed percent ( %) of the standard rata paid at the place of the Project:.: .' § 4.4,5 Unit Prices, if any: (Ident{Jy and state the unitprice, and state the quantity limttatiorrs, ifarry, to which the unttprice will be applicable.) Item Units and Limitations Pelce per Unit {$0.00) § 4.4.7Gtaranteed Maximum Price § .4.4,7.9 The sum ofthe Cost ofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to addifions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sutra is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Prioe to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert spec{Jic provisions if the Contractor is to participate in any savings.) § 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and aze hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Identify and state the amounts ofarty allowances, and state whether they include labor, materials, or both.) AlA mocument Ala2"'-2009 formerly A1g1*'"CMa-1992). Copyright®1975,1990, 1992 antl 2009 by The American lnstltula of Architects. All rights IRIt. reserve®. WARNING: This FUA Document is protected 6y U.e. Copyright Law antl Internaflenal Treatise, Unauthorized reprotlueaon ortllstdbutlon of Jr thle AlA aoeument, ar any podlon °fit, may result in severe Uvll antl orlminat penalties, and will be prgaecutetl tofha maximum extant poselble under t the law. This documenlwas praducetl 6y AIA saaware al 17:43:46 on O9I28/2012 under Ortler N°.590742BBg9_7 which explrea on 01117!2019, and fs not for resale. U9er Notes: (17fi4775019) Item Allowance § 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application end Project Certificate for Payment or Application fox Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progess payments on account of the Contract Sum to the Contractor as provided below end elsewhere 1n the Contract Document7, § 5.1.2 The period covered by each Application far Payment shall be one calendar month ending on dte last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a mottdt, the Owner shall make payment ofthe certified amount in the Application for Payment to the Contractor not later thanlhe'hventy-fifth day of the following month. If an Application for Payment is received bythe Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty (30) days after. tti~ Construction Managrt• receives the Application for Payment. (Federal, state or local laws may require paymentwithin a certain period of tlme.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum ;' § 5.1.4.1 Each Applicatio&for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The gchedule of values shall allocate die entire Contract Sum among thevarious portions ofthe Work and be prepared in such form-and supported by such daut to substantlate its accuracy as the Construction Manager and Architect may regture. This schedule, when, and only when, approved in writing by the Construction Manager ar Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications For Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions ofthe ContractDocuments, the amount of each progress payment shall be computed as follows: .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 fo that portion of the Work in the approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Wark, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .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 wnstruction (or, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, far which the Constmction Manager or Architect has withheld or nullified a Certificate for Payment as provided i11 Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment ameunt determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: AIA OOCUmenk A132^"-2009 formerly A701 TSCMa-1982). Copyright®1975,1980, 1992 and 2009 by Tha American tnstltute ofArchllecls. All rights Inlt, reserved. WARNING: This AIAi Document la protected by U.S. Copyright Lawand Internallonal Treatlee. Unaulhorizatl reproduction ordislributlon of this AIAs nocument, or any portion or I[, may result in severe civil and criminal penatlles, entl will be prosecuted to the maximum extant passible under r fhe law. This documentwas protlucetl by AIA soaware at 11:43:46 on 06/28/2012 under Ortler No.6907426800 1 which expires en 01!1712013, entl Is not for resale, User Notes: (1764775016) .7 Add, upon Substantial Completion oftha Work, a sum sufficient to increase the total payments to Ninety-Sue percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add,iffinalcompletionoftheWorkisthereaftermateriallydelayedthroughnofaultoftheContractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. § 5.1.4.51teduction or limitation ofretainage, if any, shall be as follows: (Ifit is intended, prior to SYrbstantlal Completion ofthe entire Work, to reduce or limit the retainage resultingfrom the percentages inserted iri Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for• such reduction or [imitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from thefr portion ofthe Work. § 5.1.5Progresa Payments Where the Contract Sum is Based on the Coat of the Work without a Guaranteed Maximum Price § 5:1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work egita) or:exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5.2 Applications for Payment shad show the Cost of the Work actually incurred by the Contractor through the end ofdte period covered by the Application far Payment and far which the Contractor has made or intends to make aotual payment prior to [he next Application for Payment. § 5.1.5.3 Subject to other provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of fhe Work as described in Exhibit A, Determination ofthe Cost of the Work; .2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in thafSection; or if the Contractor's Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Ovmer; .5 Subtractthe shortfall, ifany, indicated by the Contractor inthe documentation required by Article 5 or resuhing from enors subsequently discovered by the Owner's auditors in such documentation; and :B Subtraetamounts,ifany,forwhiehtheConstructionManagerorArchitecthaswIthheldorwithdrawna .Certificate for Payment as provided in Section 9.5 of AlA Document A2321ir1 2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 5.1.5.4 The Owner, Conshuction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 hl taking action on the Contmctor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Article 5 m other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used AIA Oocument A132*"-2009 formerly A101"^CMe-1992), Copydght01976,1000, 1892 antl 2009 by The Amarloen lneglule ofArchliesls, All rlghte Init. reserved. WARNING: rhls AIAi Document la protected by U.a. Copyrlghl Law entl Inlernallonal Treatlee. Unsuthodzed roproduatlon or dlatdbutlan of this AIAe nocument, or any porilon or It, may result In severe civil and cdminal penallloa, and will be proaaculatl to the maximum extentposelbla under t the law. This tlowment wes produced by AIA soilwere a111:93:48 on 08120!2012 under Ortler NO.690742e000 1 whlah expires on 01/17/2013, end Is not for resale. User NOtee: (1764776016) ~' amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.5 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.BProgress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to deriYonstrate that cash disbursements already made by the Contractor on account ofthe Cost of the Work equal or ezoeed (1) progress payments already received by the Contractor; less (2) Otatportion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment, § 5.1.5,2 Each Application for Payment shall be based on the most recent 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 and Architect may require. This schedule, unless objected to by the Conshuction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as ofthe end of the period coveted by the Application for Payment. The percentage of completion shall be [he lesser of (1) rho percentage of thaf portion of fhe Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense tUat has actually been incurred by the Contractor on acwunt of that portion of the Work for which the Contractor has riiiide or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Worlr in the schedule ofvalues. § 5,1.5.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows; .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion ofthe Work by the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending fuiel determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232-20D9; .2 Add that portion ofthe Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by Ohe Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rata stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio tothatfaced-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtraotretainage of percent ( %) from that portion of the Work that the Contractor self-performs; .5 Subtrao[ the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation requred by Section 5.1.6.1 to substantiate prior Applications far Payment, or resulting from errors subsequently diswvered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Constrltction Manager or Architect have withheld or nullified s Certificate for Payment as provided in Section 9.5 of AIA Document A232-2009. § 5.1.5.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval ofpaymants to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontacts in accordance with those agreements. § 5.1.5.5In taking action on the Contractor's Applications for Payment, fhe Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have hhfade a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Ink. AIA Documont A182'a-2809 tFOrmerly A191TMCMa-1882). C°pyrl9hl®1978,1998, 1992 and 2009 by The American lns9tute of Arnhllecls. All rlghfa reaervad. WARNING: This AIA Document Is protected by U,S. Copyright Lew end Inlematlonal7reaties. Unauthorized reprodueUon or dMtrlbutlon of thla AIA® Documont, or any portion of it, may result in severe civil and criminal panaltlea, and will ho prosecuted W the maximum extant posalble antler ) the law. Thle document was produced by AIA software et 11:40:49 on 8 9 /2 812 01 2 under Order No.9987429889_7 which expires on 01/1712 8 7 3, atM la not for feaal6, User Notes; (1764778819) Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account ofthe Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1; 6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § , 5.2.1 Final payment, constituting the entire tmpaid balance of the Conaract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contrail except for the Contractor's responsibility to correct Workas provided in Section 12.2 of ALA Document A232 2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Deferminatioli of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maxhnum payment; and .9 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such filial payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) Ote issuance of the final Certificate for Payment or Project Certificate foi• Payment, or as follows: ARTICLE 8 j71§PUTE RESOLUTION § 6.11n[tlal Decision Maker The Architect will serve as htitia] Decision Maker pursuant to Section 15.2 of AIA Document AZ32--2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. ~' (If theParties mutually dgree, insert the Home, address and other contact information of the Initial Decision Maker, if other than theAi>hitect.) § 6.2 Blnding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232 2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate Gaz. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subseguenily agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by Jitigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232--2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specie) ARTICLE 7 TERMINATION OR SUSPENSION § '7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A232--2009 as modified. § 7,2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Prtce § 7.2.1 Subject to Ote provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the ConUactor as provided in Artcle 14 ofAIA Document A232 2009. AIA Document A732*^'-2009 formerly A101'"CMa-1892). Capydght®1975, 198D, 7992 end 20096y The American lnatllute of Arohlleck. All rlghls Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and lnternatlonel Treaties. Unauthorized reproduetlon or dlsldbutlon of 9 this AIA° Doeumenq orany portion of ip may result In severe civil and criminal penaltlea, and will he proaecutad to tae maximum oxtant posalale antler r the law. This dowmenlwas produced by AIA soflwere et 11:43:48 on 08/28/2012 under Order No.6907428800_1 which expires on 01!17/207 0, end le not for resale. UaerNotea: (1784775018) § 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Fee computed upon the Cast of the Work to the date of termination at thexate stated in Sections 4.3.2 ar 4.4.2, as applicable, or, if the Contrador's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and ,3 Subtract the aggregate of previous payments made by the Owner, § 7.2.3Ifthe Owner terminates the Contract for cause when the Contract Sum is based on the Cost ofthe Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A23~2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Docuument A232-2009 shall not cause the Gtiaaranteed Maximum Pricee to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2, § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, far any equipment owned by the Contractor thatthe Owner elects to retain andthat is not otherwise included in the Cost ofthe Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (includingrental agreements), the Contmctor shall, as a condition ofreceivittg the payments referred to in this .Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require fnr the purpose of fully vesting In the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009; in such case, the Contract Stun and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232 2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections .4.3.2 and 4.4.2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made ht this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is duo et the rate staked below, or in the absence Otereo~ at the legal rate prevailing from time to time atthe place where the Project is located. (Insert rate of interest agreed upon, ifarry.) 3/4 of 1% per month § 8.3 The Owner's representative: (Name, address and other information) Keith Watts, Purchasing Manager City ofMeridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other information) Joe Paige Paige Mechanical Group, Inc. Pp Box 1703G0 Boise, Idaho 83717-0360 Telephone Number: 208-331-9000 Fax Number: 208-331-9095 AIA Document A1321e-2009 Formerly A701r°CMa-19921. Copyright®7975,1980, 1992 end 200a by The Amedranlnstltuta ofArddteca;. All rlghh IDIk. reserved. WARNING: This AIA Document is protected by U.a. Copyright Law antl Internallonal Trestles. Unautlrorized reproduction ar tllstdbutlon of 1 p this AIA° Document, or any portion °f I[, may result In severe civil and orlminal panelllea, and will be prosecutetl to the maximum extent poaelble under t the law, Thls document wasprodnced by AIA Software at 11:43:48 on 08I20M012 under Order No.bB07429aoU_1 which explree on 01!17/2073, end la not for resale. User Notes: (178477601a) § 8,5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 OthAr provisions: ARTICLE 9 ENUMERATION OF CONTRACT DDCUMENTS § 9,7 The Contract Documents, except far Modifications issued after execution of this Agreement, are enumerated ht the sections below. § 9.L1 The Agreement is dtis executed AiA Document A132-2009 as modified, Standard Form ofAgreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions era, AIA Document A232 2009 as modified, General Conditions ofthe Contract for Construction, Construction Mattager as Adviser Edition, § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date ExhibitA Contract Document Schedule 8/23/2012 § 8.1.4 The Specifications: (Either dist the Spec~cafians here or refer to an exhibit attached fo this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 ~ (Taable deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.6 The Addenda, ifany: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Pages 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also emm~erated in this Article 9. § 9.1.7 Additional docutrients, if ring forming part of the Contract Docuuents are: .1 AIA Document A132Tr'L2009, Exhibit A, Determination of the Cost of the Worly if applicable. .2 AIA Document E201~2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 ATA Document E202T"' 2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Odier documents, ifany, listed below: (List he7•e any additional documents which are intended to form part of the Contract Documents. AIA Document A232 2009 provides that bidding requirements such as adveru'sement or invitation to bird Instructions to Bidders, sample forms and the Contractor's bid are natparl of the Contract Documents AIA Document A732T" - 2009 formerly A1D7i°CMa-1992). Copyright ®1976, 1960, 1992 entl 2008 by The Amerlcen IneDlule of Archllects. All dghta ]nit. reserved. WARNING: This AIA Document Is protected by U.a. Copyright Law entl lntarnallonal Treallee. Unauthorized reproducllon ordlatrl6utlon of 11 this AIA® Document, or any portion a! it, may result In severe clvll entl criminal panallios, entl will be prosecuted to the maximum a#ent poaalble under t the few. This documentwas produced by AIA software et 11:43;40 on 06/28!2012 under OMer No.69W42aa00 1 which exphes on 01!17/2013, entl Is not for resale. user Notes: (1769776016) unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instuctions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Fonns, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions 70 INSURANCE AND BONDS actor shall purchase and maintain insurance and provide bonds as set forth in Article 11 ofAIA Document to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article I I "Insl Cant -(Slat A23: to provide 100°/a Payment and Performance Bonds. ~ments,~ if any, and limits of liability for insurance reguired in Article 11 ofA7A Document if Insurance orBond Limit of Liability or Bond Amount ($0.00) This Agreement is entered into as of the day and yeoar first v ~~ `OWNER (Signatl Tammy de Weerd ,Mayor (Printed name and title) AIA Document A132~"-2009 (formerly A707'"CMa-1982). Capyrlght®1875,1860, 1992 end 2009 by The AmerlwnlnaUtute afArchltecls. All dghb Init. reservetl. WARNING: This AIAm Document Is protected by U.9. Copyright Law and Internetlonal Treatise. Uneuthodzetl reproduction or dlatdbutlon of ~ r2 thla AIA° Document, or any portion of It, may result In severe civil and criminal panellise,end will be prosecuted to the maximum extent posalble antler / the law. This tlocumentwas produced by AlA Software e111:43:46 on 08/26/2012 under Order No.5907426600_t which expires on 01n7l2013, end la not for reaele. User Notes: (1764775D78) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT N0.12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer -Musgrove Engineering, P.A. Electrical Engineer - DC Engineering Civil Engineer- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/31/2D12 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Si(e Plan A1.1 CIVIL-Dated TI30/2012 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plen-Overall C2.1 C2.2 Grading & Drainage Plan-Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Sile & Grading Details C4.1 C4.2 Irrigation Details C4.3 C4.4 City of Meridian Standard Details -2 C5.0 C5.1 Stormwater Pollution Prevention Plan -2 LANDSCAPE -Dated 713 1120 1 2 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plan (dated 7178/2012) L4.g ARCHITE CTURAL -Dated 7/31!2012 BLD - A A2.OA Overall Floor Plan A2.1A { A2.2A Floor Plan Shop B 8 C A2.3A A3.OA Reflected Celling Plan A4.OA A5.OA Exterior Elevations AO.OA Meridian Parl<s & Recreation Maintenance Facility Page 1 of 2 Site Details Topographic & Control Sunray Grading & Drainage Plan-Area 1 Roadway Plan & Pronle - E. Lanark St, Site Utility Plan Gravity Irdgation Plan & Profile Site, Drainage, and Irrigation Details City of Meridian Standard Details -1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/18/2012) Irrigation Details (dated 7(78/2012) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 AD.1A Wall Sections A6.2A Wall Sectlons /Detalls A7.OA Interior Elevations / 6etalls AD.O DoorANlndow Schedule &Detalls Ag.O Detalls/Energy Compliance BLD - B A2.OB Floor/Roof Plans A3.0B Exlerlor Elevallons BLD - C A2.OC Floor/Roof Plans A3.OC Exterior Elevallons !Sections A3.1C Wall Sections /Detalls BLD - b A2.OD Floor/RooFPlans A3.OD ExteriorElevatlons/Sectlons STRUCTURAL- Dated 7/31/2012 S1.0 Structural General Notes 51.1 Special Inspections S2.OA Foundation Plan Bld A S2.06 Foundation Alan Bld B S2.OC Foundation! Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details - Foundation 55.0 Structural Detalls -Framing MECHANICAL -Dated 7/30!2012 MG1.0 Mechanical Cover MG1.1 Macfianlcal Energy Compliance M1.0 HVAC Plan -Main Bullding M1.1 HVAC Plan -Building C M2,0 HVAC Detalls M3.0 HVAC Schedules PLUMBING -- Dafr,cl 7/30/2012 P1.0 PlumbingPlan-BuildingA P1.1 Plumbing Plan-BuIldingC P2.0 Plumbing Details P3.0 Plumbing Schedules ELEGTRICAL -Dated 7/3012012 E0.0 Electrical Cover Sheet E0.1 Slte Electrical Plan ED.2 Electrical Roof Plan E1.0 PowerPlan-BuildingA (' E1.1 Power Plans -Building B, C, & D E2.0 Lighting Plan -Bullding A E2.1 Lighting Plans -Building B, C, & D E3.0 One Llne Dlegram end Penel Schedules E4.0 Lighting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 ~ ~~~11A Document A132rN - 2009 Sfandard Form ofAgreement18efween Ownerand Contractorrconstruction Manager as Adviser Edition Bid Package No. 16 • Specialties ADDITIONS AND bELETIONS: AGREEMENT made as of the Twenty-Forth day of August in the year'I\vo Thousand The author of this document has Twelve added Informa8on needetl for Its (In Wards, indicate day, month and year.) completion. The author may also have revised the text of the odglnal BETWEEN the Owner: AIA standard form. An Additions end (Name, legal status, address and other information) oelarians RepoA~hat notes addatl information as well as reNSlons to the City of Meridian standard form teM Is available from 33 East Broadway Avenue the author and should be reNewed. A Meridian, Idaho 63642 ver8cal Ilne In the left margin of Ihls document Intllcetes where the author and the Contractor: has added necessary lnformallon (Name, legaZstatus, address and other information) and where the author has added to or deleted from the odglnal AIA taxi SBI Confractittg, Inc. This document has Important legal 11760 West Executive Drive, Suite 140 wnsequences. Consultatlonwlth an Boise, Idaho 83713 allamey Is encouraged with respect Telephone Number: 208-37G-5200 to Its eompletlon or modiflcatlon. Fax Ntunber: 208.376-5201 Thls document is Intended to be used for the following Project: In conJundlon with AIA Documents *" (Ngme, location and detailed description) A232 -2009, General Conditions of the Contract far canshuctlon, Meridian Parks & Recreation Maintenance Facility Construction Manager as Adviser Edition; 8732'u-2009, Standard 17OOBestLanark Street Form of Agreement Between Owner Ivleridilin, Idaho 83642 and Architect, Consbucflon Manager as Adviser Edlllon; and The ConatrUCtlerl Manager: C732*M-2009, Sfandard Form of (lfame; legal status, address and other iryformatian) Agreement between owner antl Construction Manager as AdNser. Kxeizenbeck, LLC DBA Kreizenbeck Constructors, 11724 West Executive Drive AIA Document A232'"-20091s Boise, Idaho 83713 adopted In Ihls document by Telephone Number: (208) 336-9500 reference. Do not use with other Fax Number: (208) 336-7444 general conditions unless this document Is modified. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. Init. AIA Daeumant A192i°-2009 ~Fermerly A701'"CMa-1992). COpyrl9ht01875,1800, 1992 end 2009 by The American lnsGlute of Architects, Afl rlghta roesrvatl. WARNING: This AIA Document Is protected by U.a. Copyright Lew and International Treaties. Unaulhadzed reproducilon artllatrlhutlon o! this AIA° Document, or any portion of it, may result fn severe civil antl erlminol panalllea, antl will be prosecuted to the maximum extent poasl6le antler / the law. This docvmeMwas produced by AIA software at 11:42:14 on 0 812 012 01 2 antler Order No.0907428800_1 which expires on ot/17l2013, and la not for reseie. Uear Notes: (72801(1890) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS ' 2 ` 'THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 pISPUTE RESOLUTION 7 TERMINATIONORSUSPENSION B MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist ofthis Agreement, Conditions ofthe Conkact (General, Supplementary and other Conditions), Drawings, Specificaticns, Addenda issued prior to execution ofthis Agreement, other documents listed in this Agreement and Modifications issued after execution ofthis Agreement, all of which form the Contract, and are as fully a part ofthe Contract as if attached to this Agreemenk or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or ageeements, either written or oral. An enumeration ofthe Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contras Documents, except as specifically indicated in the ContractDocuments to be the responsibility of oWers. Bid Requirements: Provide all labor, matorinl and equipment to complete work of furnishing and installing a- specialties listed under Divisiou 10 as noted io the construction documents and per the following: Division 1-General Requirements Section 079200 -Joint sealants•* Division 10 -Specialties (Complete) ** As applicable to this swpe of work This contract specificallyincludes but is not -mites fo: • Furnish.end install ell specialty items in Division 10 specialties except those specifically excluded below, or in the conslructicn docwnents. • Coordinate all work with drywall contractor for backing locations, heights and block outs. • Furnish wrd install Knox boxes as indicated by the construction documents. • Coordinate with local Fire Mazshel in writing to determine the exact location of Knox boxes, fire extinguishers and cabinets prior to installation. • Famish and install building cast lettering as indicated by the construsion documents. • Upon Completion of accessories installation, contractor will touch up any marred surfaces, or replace accessories if they can not be returned to a fasory 1lnish. • Contractor to Seld verify all dimensions related to this scope ofwork. • Caulking as required by this scope ofwork. • Scope of the work remains the same for all buildings idenfified in the constmction documents. • Scope ofwork for alternates remains the same as base bid. (as applicable) AIA Document A132T°-2009 (formerly A101T'^CMe-1882). Capydpht®1875,1980, t992 end 20o8 by The Amedcen lnsdlule of Arohilacla. All rlghie IRIt, reserved. WARNING: This AIAm Document Is protected by U.S. Copyright Law and International Trestles. Unauthodzed reproduction ortllsldbution of this AIA® Document, orany portion of it, may result In eevere clvll and cdminal penalties, end will 6e prosecuted to the mazlmum extant poesihle antler / the taw. Thla documentwas produced by AIA so(hvare at 11:42:14 on 08/20!2012 under Order No.5907429e00_1 which explree on O1I77/201a, end Is not for resale. User Rotes: (72fi018898) This contract specifically excludes; • Blocking or backing. ' • ~ Lav. guards and shower rod and curtain. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION `'' § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of dammencement, if it d~ersfrorn the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. I1; prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as fellows: § 3.2 The Contract Time shall be measared from fhe date of commencement. § 3.9 The Cdiitractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date ofcommencement, or as fellows: (liasert number ofcalendar• days: Alternatively, a calendar date may be used when coordinated with the date of commencernent.7fappropriale, insert requirementsforearlierSubstantialCompletion of certainportionsofthe Work.) the Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013. (7'kble deleted) subject to adjustments ofthis Contract Time as provided in the Contract Documents. ([ns¢rt provisions, tfahy, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus paymentsfor.egrly completion of the Work) In._the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Cotitractot shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000,DO)'o,•'/a°/n of th0 Contract Value (whichevor is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, dr days of rho excusable delay occurring durhtg such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Ownee shall pay the Contractor the Contract Sum in current fiords for the Contractor's performance of the Contract. The Contract Sum shall be one ofthe following: (Check the appropriate bnz.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of Uto Wotk plus the Contactor's Fee without a Guaranteed Maximum Price, in acwrdance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4,4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete eitherSectlon5.l,4, S.1.Sor5.l.6belaw) AIA Document A702*•-2009 fomtarly A101*'+CMa-1992). Copydyhlm 1976,1960, 1992 and 2009 by The American lnsatule afArohltecls. All aghla Init. reaervetl. WARNING: This AIA Document Is protectetl by V.a. Copyright Law antl International Treatlea. Unauthorized reproduction or tllatrlbuUon of this AIA° Document, or any portion of It, may reauit in severe civil and criminal penalllea, end will be prosecuted to the maximum extant posalble under t the law. This document was produced byAlA soawera ai 11:42:14 on 06/26/2072 under Order No.6007426600_1 which expires on 01/1712013, end la notfor resale. Ueer Notes: (726016696) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Six Thousand Two Hundred Seventy-Five Dollars and zero Cents ($ 6,275.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $6,275.00 § 4.2.2 The Stipulated Sum is based on 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 the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) ~,,N/A § 4.2.3 Unit prices, if any: . (Identtfy andstate the :iiittprlce, and state the quantity limitations, :f arty, to which the unitprice will be applicable.) Item Units and Limitations Priee per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if nrry, from the allowance price.) Item AI[owance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price § 4.3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination ofthe Cost ofthe Work, plus the Corrtracttir's Fee. § 4.3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Wark or oth¢rprovision for determining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Conhactor's Fee for changes in the Worlc: § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost ofits portion of the Work: § 4.3.5 Rental rates far Contractor-ovrrred equipment shell not exceed percent ( %} of the standard rate paid at the place of the project. § 4.3.0 Unit prices, if any: (Identify and state the wit price; state quantity limitations, if any, to which the unitprice will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager far the Ownee, in writing, a Conhol Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, DeterroinaUon of the Cost of the Work. AIA DOeument A732TM-2009 formerly A101 TaCMa-1992). Copyright®1975,1980, 1992 end 2009 by The Amedean lnsaWte of Architects. All dehte Inlf. reeervad. WARNING: Thla AIAt Documen! Is proteotad by U.S. Copyright Law and International Trestles. Unauthorised reproduction or disldbuflon of 4 thla AIA° Document, or any portion of it, may result In severe civil end criminal penalties, antl will 6e proeeculetl Lo the maximum extentposalble under 1 the law. This tlacumenlvres produced by AlA software el11:42:14 on 06I2e/2012 under Order No.590742Ba001whloh explrea on 01/17/2013, antl is trot rot resale. Uabr NOtea: (72601899e) § 4.4 Cost of the Wark Plus Contractor's Fee with a Guaranteed Maximum Price § 4,4.9 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor's Fee. § 4.4.2 The Contractor's Fee: (Slate a Jump sum, percentage of Cosl of the Work ar otherprovision for determining the Contractor's Fee.) § 4.4,3 The method of adjustment ofthe Contractor's Fee for changes in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: § 4.4.5lttintal rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of th0 Project. § 414.8 ilnit Prices, ifany: (Lderitify gndsrate the unitprice, and stale the quantity limitations, ifany, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4A.7 Guaranteed Maximum Ptlce § 4.4:7.1 The sum ofthe Cost ofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ~ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in tiro Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guarahteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert sprecific provisions if the Contractor is to participate in arty savings.) § 4.4.7.2 The Guaranteed Maximtnn Price is based on the following alternates, ifany, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, ifany: (Identify and state the amounts ofar(v allowances, and state whether they intrude labor, materials, or both.) Item Allowance § 4.A.7.4 Assumptions, ifany, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.9,1 Based upon Applications for Payment properly subndtted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application far Payment and Certificate fnr Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Stun to the Contractor as provided below and elsewhere in the Contract Documents. AIA Document AT32Ta - 2009 rrfonnerly A70tTaCMa- 7882). Copyright ®1875, 1860,1982 and 2008 by the American Ins0lute of Archllacla. All rights Inlt, reserved. WARNING: This AIAb Document Is protected by U.S. Copyright Lawand Intarnatlonal Treaties. Unauthorized raprotluctlon or tllslrlbution of thla AIAa Document, crony portion of a, may result In severe civil and criminal penaltlea, end will be prosecuted to the maximum extent possible antler / the law. Thla Document waa produced byAlA soT(wero at 11:42:14 on oel29/2012 under Order No.5907428800_1 which expires an OTl17l20T3, entl Is natfor resale. User Notes: (726018898) § 5,1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application far Payment is received by the Construction Manager not latex than the Twenty-fi8h day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received bythe CanstructionManagerxfter the application date fixed above, payment shall bemade by the Owner not later than Thirty (30) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum Is Based on a Stipulated Sum § 5.1.4,1 Each Application for Payment shall be based on the most recent schedule ofvalues submitted by the Contractor and approved in writing by the ConsWction Manager and Architect in accordance with Ore Contract Documents. The schedule ofvalues shall allocate the entire Contract Sum amongthe vazious portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Conshvction Manager or Architect, shall be used as a basis fot reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payi7ient shall show the percentage of completion of each portion of the Work as ofthe end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions ofthe ConlractDocuments, the amount of each progress payment shall be computed as follows: .1 Take that portiot} 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 allodated to that portion of the Work in the approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 ofthe General Conditions, as modified; ,2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stared at the site for subsequent incorpora&on in the completed construction (or, if approved in writing in advance by the Owner, suitably stored off the site at a Location agreed upon in writing), less re[ainage ofFive percent (5.00 %); ,9 Subtract the aggregate of previous payments made by the Owner; .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, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 Theprogre9s pstyment amount determined in accordancewith Section 5.1.4.3 shat] be further modified under the following eircumStadces::. .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Niuety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; acrd .2 Add, iffina] completion ofthe Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. § , 5.1,4,5 Reduction or limitation of retainage, if any, shall be as follows: pfit is intended, pr•tor to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted to Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. AIA Document A702T"-2009 formerly A101r"CMa-1092). C°pyd9ht®7975,7990, 1992 end 2009 by The Amedcan lns9tule of ArchllecU. All rlghle Inlt, reserved. WARNING: This AIA~ Document Is protected by U.S. Copyright Lewand Infernatlonel Trestles. Unauthodzed reproduction or dletrlbutlon of thin AIAe Document, or any portion of It, may result In severe civil and criminal penalties, entl will bs prosecuted to the maximum extant possible under t the law. Thle doeumenlwas produced by AlA saflwara of 11A2:14 an 09/29!2012 under Order NO.5907A28a001whlch expires an Otn712013, and le nolfor resale. User Nolen: (72901ae9a) § 5.1.4.8 A condition will be included forbidding more retainaga fi•om a contractor or supplier than retained from their portion ofthe Work. § 5.1.5 Progress Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed .Maximum Price § 5.1.5.7 With each Application for Payment, the Contractor shall submit the wst control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal ar exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5.2 Applications.for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be wmputed as follows: .1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fce shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Contractor''s Fe.:e is stated as a fixed suro, an amount which bears the same ra&o to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract rctainage of percent ( %) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation requred by Article 5 ar resultingfrom errors subsequently discovered by the Owner's auditors in such documentation; and .8 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Cert[ficate for Paymont as provided in Section 9.5 of AIA Document A232T6L2009, General Conditions of the Contract for Conshucdon, Construction Manager as Adviser Edition. § 5.1.5.4 The Owner, Constnictioq Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage ofretainageheld on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements, § 5.1.5.5In taking action on the Coiitcactor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contl•actor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, auditor arithmetic verification ofthe documentation submitted in accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or contirmous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or far whatpurposes the Contractor has used amounts previously paid on account ofthe Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1:8 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.8.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with rheck vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of [hose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. AIA Document A102*"-2008 formerly A101 ^"CMa-1992). Copyright®1976,1980, 1992 antl 20096y The American lnetltule of lvehitecls. All rights Inif, reeerved. WARNING; Thls AIA Document la protectetl by Us. Copyright Lawand Intamattonel Treaties. Unaufhodzed reproduction or dlstdbutlon or this AIA° Document, or any portion of It, may result In severe civil antl criminal paneltles, and will he prosecuted to the maximum extenf possible under / the law. This dooumantwes produced byAlA software al11:42; 14 on 08/28/2012 antler Ortler NO.690742BB001whlch expires on 01/17!2073, and is nor for resale. User Notes: (726018691n /" § 5.1.5.2 Each Application far Payment shall ba based on the most recent schedule ofvalues submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contred 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 and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis far reviewing the Contractor's Applications for Payment. § 5.1,8.3 Applications for Payment shall show the percentage of completion of each portion of the Work as ofthe end ofthe period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividmg (a) the expense that has actually been incurred by the Contactor on account of that portion of the Work far which the ..Contractor Vas made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion ofthe Work in the schedule of values. § 5.1.8.4 Subject to other provisions of the Conteact Documents, the amount of each progress payment shall be computed as follows: .1 Take thatportion ofthe Guaranteed Maximum Price properly allocable to wmpleted Work as determined by multiplying the percentage of completion ofeach portion ofthe Work by the share of the Guaranteed Maximum Price allocated to chat portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232--2009; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and spit2bly stored at the site for subsequent incorporation in the Work, or If approved in advance by the Owrter, suitably stored offthe site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Conhador's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, iftbe Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost ofthe Work bears to a reasonable estimate ofthe probable Cost of the Work upon its completion; .4 Subtract retainaga of percent ( %) from that portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .8 Subtract the shortfall, if any, indicated by the Contractor in the documentafion required by Section 5.1.6.1 to substantiate prior Applicaficns for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Constuction Manager or Architect have withheld or nullified a Cerfificate for Payment as provided in Section 9.5 of AIA Document A232 2009. § 5.1.5.5 The Owner and the Contactor shall agree upon a (1) mutually acceptable procedure for review and approval ofpayments to Subcontractors and (2) the percentage of rotainage held on Subwntmcts, and the Contractor shall execute subcontracts in ecwrdance with those agreements. § 5.1.5.5 In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information fitrnished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verifioation of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Arehited have made exhausfive or centinuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on aceount of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.7 Except with the Owner's prior approval, the Contl•ador shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Connect Sum, shall be made by the Owner [o the Contractor when .9 the Contractor has fully performed the Contract except far the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; AIA Document A132TN-2009 formerly A101*'"CMa-99921. Copyrlghl0)1976, 1980, 1992 and 2009 by Tha American institute afArchliecls. All rights 101t• reserved. WARNING: Thla AIA Document la protected by U.a. Copyrlghl Law and mternatlanal Treatlea, Unauthorized reproduction ardlafrlbutlon or this AIA° Document, or any portion of It, may result In severe civil end erlminar panaltlea, and will be prosecuted to the maximum extent pasal6le under / lha Iaw.7his dowment was pratluced by AlA software at 11;42:14 an OB/29/2012 under Order No.5B07429B0o_1 which ezplres on 01/17/2013, antl la not far reaele. User NOtea: (72B01aBB9) .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of [he Work, with or without a Uti7aranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed fhe Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 8.1 Initial Decision Maker The Architect will s~•ve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agr>ze, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect,) § 6.2 Binding Dispute Resolution For any'Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232 2009 as modified, the method ofbinding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resaludon method other than litlgak'on, Claims will be resolved by litiga[ioti in a court ofcampetent jurisrh'ctlan.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232--2009. [ X ] Litigationnt a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum Is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A232 2009 as modified. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Prlee § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232 2009. § 7.2,2 The Contract maybe terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 " -Take the Cast of the Work incurred by the Contractor to lira date of termination; .2 _ Ad..d the Contractor's Fce wmputed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost ofthe Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner, § 7.2.3 Ifthe Owner terminates the Contract for cause when tlLe Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232-2009, the amount, If any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2,2. AIA Document A732ra - 2008 lortnerly A101*"CMa -1992). Copyd®hl ®1976, 1900, 1992 end 2000 by The Amedcen Insalute of A:chllecW. All rlahta Inlt, reserved, WARNING: This AIA Document is protected by U.9. Copydghl Law and Infemational Treatlea. Uneuthodzad reproduction or dlstrlbutlon of this AIA® Document, or any portion of It, may result In severe civil and cnminal penaltlea, antlwlll ba prosecuted to the maximum extent possible under i the law. This documentwas produced by AIA software at 77:42:14 on Oa/28/2072 under Order No.590742ae00 7 which expires on 07/17/2013, aM Is net for resale. User Notes: (72601ae96) § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for qtly equipment owned by the Contractor thatthe Owner elects to retain and that is not otherwise included in tUe Cost of the Work under Section 7.2.1, To the extent that the Owner elects to take legal assignment of subcontracts alid purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deflver all such papers end take all such steps, including the legal assigtunent of such subcontracts and other contractual rights of the Contractor, as the Owner may requhe for the purpose of fully vesting in the Owner the rights and benefits ofthe Conhactor under such subcontracts or purchase orders. § 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232 2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4.2 of this Ag~eemenL ARTICLE 5 MISCELLANEOUS PROVISIONS § 8.1 Where teferetice is made in this Agreement to a provision of AIA Document A232 2009 as modified or another Contract Document, the reference refers to that provisiou as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due et the rata stated below, oe in the absence thereof, at the legal rate prevailing from time to time at the place wherethe Project is located. (INSertrateofinterestagreedupon, tfartV.) 3/4 of 1°/a per month § 8.3 The Owner's representative: (Nacre, address and other i7rformatian) Keith Watts, Purchasing Manager City.of Meridian Purchasing Department 33 East BroadwayAvenue Ivieiidian, Idaho 83542 § 8.4 The Contractor's representative: (Name, address acrd other information) Steven or Sara Schafer SBI Contrac8ng, Inc. 1160 West Executive Drive, Suite 140 Boise, Idaho 83713 'T'elephone Number: 208-376-5200 Fax Number: 208.376-5201 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other patty. § 8.5 Other provisions: ARTICLE 9 ENUMERATION OP CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution ofthis Agreement, arc enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A992~°-2008 formerly A101TMCMa-1992). Copydght®1875,1980, 1982 and 2ae9 by Tha pmarlcan lna0tute olArchltecls. All dghte IRIt. reserved. WARNING; Thta AIA Document Is protected by U,9, Capyrlghl Lawand International Treaties, Unauthorized reproduction ordisaibutlon of 1 D Lhta AIA° Document, orany ponion of It, may resun In severe civil and crlmtnal penalties, and will he prosecutetl to the maximum enfant possible under ! the law. This doa~menlwas produced by AIA software et 11:42:14 on 00!28/2012 under Order No.5907428800 1 which e>fplres on Otf17r201a, and Is not for resale. User NOtee: f/2B01BBBB) § 9.1.2 The Gedteral Conditions are, AIA Document A232 2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions ofthe Contrail: Document Tltle Date ExhibitA ContractDocumentSchedule 8/23/2012 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.} Contract Document Schedule, Exhibit A, dated August 23, 2012 ~, (Table delet¢~ § 9.1.5 The Drawings: (Either list the Drawtngs here or refer to an exhibit attached to this Agreement.} Contract Document Schedule, Exhibit A, dated August 23, 2012 (7'abJe deleted) § 9.1.6 The Ailderida, if any: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements me also enumemted in this Article 9. § 9.1.7 A2jditiona] documents, if any, forming part of the Contract Documents are: .1 AIA Document A132T"r-2009, Exhibit A, Determination ofthe Cost of the Work, if applicable. .2 AIA'DOCUment E201Tx*-2007, Digital Data Protocol Eachibit, if completed, or the following: Pl/A .3 AIA Document E202T"t-2008, Building Information Modeling Protocol Bxhibit, if completed, or the following; N/A .4 Other documents, if any, listed below: (List here arty additional documents which are intended to form part of the Contract Documents. AL4 DocumentA232 2009provides that btddingreguirements such as advertisement or irrvitation to bits Instructions to Bidders, sampTeforms and the Contractor's bid are not part ofthe ContlactDocum¢nts unless enumerated in this Agreement They should be listed here only if intended to be part of the Contract Documents.} All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AiA Document A2322009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as sot forth in Article 11 ofAIA Document A232-2009 as modiSed Refer to Supplementai Conditions modifying AiA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". AIA Doaumant A902*"- 2009 lormerly A901'aCMe- 9992). Copyright ®7875, 1980,1992 and 2009 by The Amedcan InsllWle of Architects. All rlghta Inrt. reserved. WARNING: This AIA Document Is protected by U.a, Copydght Law end Inlarnational Treatlee. Unaulhor~etl reproduction or tllattlbutlon of 11 thla AIA® Document, or any portion of It, may result in severe clvll and crlminal penalties, and will he prosecuted to the maximum extant poeal6le under t the law. Thla document wee produced by AIA software a111:42:14 on 00/29/2092 under Order No.690742eaD0 1 which explrea on 0 7 /1712 01 9, and Is not for resale. User Notes: (728010990) i ~ Contractor is required to provide 100°/a Payment and Performance Honds. ~ .(State bonding requirements, if any, and limits of liabiliryfor insurance required in Article 11 ofAlA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount (50.00) This-Agreement is entered into as of the day and year first written a ve. ~il~fJ .OWNER (Signatu CONTRACTOR (Signature) .Tammy de Weerd ,Mayor. (Printed name an_d title) (Printed name and title) AIA Document A732TM-2008 formerly A701 TMCMe-1992). Capydght®1975,1950, 1982 end 2009 by The Amedcan lna0lute of Archltecta. All rlghte Init. reserved. WARNING: This AIA Document la protectetl by U.S. Copyright Law and Internetlonat 7reatiee. Unaulhodzed reproduction er dlatrlbutlon of 12 !tile AIA® Document, or any portion of It, may result In severe civil and criminal penaltlea, antl will he prosecutetl to the maximum extant posalbie under ! the law. This document wee protluced by AIA eoRwere el 11:42:14 on 05/25/2012 under Order No.5907425500_1 which expires on 01!17!2013, end is not for resale. User NOtea: (725018888) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks 8. Recreation Maintenance Faclllty 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT N0.12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer-Musgrove Engineering, P.A. Electrical Engineer- DC Engineering Civil Engineer-Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7!31/2012 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Site Plan A1.1 CIVIL- Dated 7130!2012 Ct.O Cover Sheet /Notes C7.1 C2.0 Grading & Drainage Plan -Overall C2.1 C2.2 Grading 8 Drainage Plan -Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan ~ Proflle C3.2 C4.0 Site & Grading Details C4.1 C4.2 Irrlgatlon Details C4.3 C4.4 Clly of Meridian Standard Details - 2 C5.0 C5.1 Stormwater Pollution Prevention Plan - 2 LANDSCAPE-Dated 7/31!2012 oras indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrlgatlon Plan (dated 7110/zo12) L4.0 ARCHITECTURAL-Dated 7/31/2012 8LD - A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop t3 & C A2.3A A3.OA Reflected Celling Plan A4.OA AS.OA Exterior Elevations AO.OA Meridian Parks & Recreation Maintenance Facility Page 1 of 2 Site Details Topographic & Control Survey Grading & Drainage Plan -Area 1 Roadway Plan &Proflle - E. Lenerk St. Site Utility Plan Gravity Irrigation Plan & Profile Site, Drainage, and Irrigation Details Ciiy of Meridian Standard Detells - 1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/10/2012) Irrigation Details (dated 7/1012012) Floor Plan Offlce /Shop A Floor Plan Shop D Roof Plan l3ullding Sections August 23, 2012 A6.1A Wall Sections A5.2A Wall Sectlons /Detalls A7.oA Interior Elevations /Details A8.0 Door/~ndow Schedule &Detalls AD.O Detalls/Energy Compllance BLD - B A2.OB Floor/Roof Plans A3.OB Exterior Elevalions BLD-C A2.OC FloorlRoof Plans A3.OC Exterior Elevations /Sectlons A3.1C Wall Sectlons /Detalls BLD - D A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Sectlons STRUCTURAL -Dated 7137/207 S1.0 Structural General Notes S1.1 Special Inspec0ons S2.OA Foundation Plan Bld A S2.OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details -Foundation S5.0 Structural Details-Framing MECHANICAL -Dated 7/30/2072 MG1,0 Mechanical Cover MG1.1 Mechanical Energy Compllance M7.0 HVAC Plan -Main Building M1.1 HVAC Plan -Building C M2.0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7/30/2072 P1.0. Plumbing Plan - Building A P1.7 Plumbing Plan -Building C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL -Dated 7!30/2072 E0.0 Electrical Cover Sheet E0.1 Site Electrical Plan E0.2 Electrical Roof Plan E1.D Power Plan -Building A E1.1 Power Plans -Building B, C, & D E2.0 Lighting Plan - Building A E2.1 Lighting Plans -Building B, C, & D E3.0 One Lina Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 , =;~=' IA Qocument A132TN - 2009 Standard Form ofAgreementBetween Ownerand Contractor,constructionManageras Atlviser Edition Bid Package No. 75 • Painting AGREEMENT made as of the Twenty-Forth day of August in the yeae Two Thousand ADDITIONS AND DELETIONS: The author of this document has Twelve ~ ~ added Information needed for Its (Ln Words, indicate dgy, month and yeaeJ completion. The author may also - have revised the text of the odglnal BETWEEN the Owner: ~ AIA standard form. An Additions and (Name, legal status, address and other information) Deletions Report that Holes added - - lnformallOn as well ea reNslons to the City of Meridian ~ standard form text Is available from 33 Bast Broadway Avenue ~ the author and should be reNewed. A Meridian, Idaho 83642 vertical Ilna In ma left margin of this document Indicates where the author and the Contractor: ~ has atldetl necessary Information (Name, legal status; address and other information) and where the authorhas added to or . ~ . ~ ~ deleted from the original AIA text. Color Craft Painting and Waft Covering, Inc. This document has Important legal 5211 Coffey Street consequences. Consultation with an Boise, Idaho 83714 attorney Is encouraged with respect Telephone Number: 208-378-1750 to Its completion or modlllcatlan. Fax Natnber: 208-3781571 . This document Is intended to be used for ihefollowing Project: In coniunclion with AIA Documents Ta (Name, location and deta fled description) A232 -2009, General Conditions of _ the Contract far Construcllon, Meridian Parks 8c Recreation Maintenance Facility Construcllon Manager es Adviser T" 1700 East Lanark Street - Edition; B] 32 -2009, Standard Farm of Agreement aetween owner Meridian, Idaho 83642 - and Architect, Construcllon Manager as Adviser Ediflon; end The Conshvctien Manager: C]32TMr-2009, Standard Form of (Name, legal status, address and other information) Agreement Between Owner and Conslruclon Manager as Adviser. I{reizenbeck, LLC DBA ICreizenbeck Constructors, 11724 West Executive Drive AIA Document A232T"-20091s Boise, Idaho 83713 adopted In this document by Telephone Number: (208) 336-9500 reference. Do not use with other Fax Number: (208) 336.7444 general condlttons unless this document is modlaed. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 Sogth Eroadway Avenue Boise, Idaho 83706 TelephoneNutirber: (208) 338-9080 The Owner and Contractor agree as follows. Init. AIA Document A132*"-2009 `formerly A701'"CMa-1992). COpyrlghl®1975,]960, teal end 2008 by The American lnsatule ofArchllecW. All dghte reaervad. WARNING: Thla AIA Document Is protected by U.S. Copyright Lew and Intemattonal TraaUae. Unaulhodzed reproduction or dlaldbullon of this AIAe Document, or any podlan of It, may result In aevara civil and cdminal peneltles, end will 6e proeeeuled to the maximum extent poaelbla under , the law, Thle document was produced byAlA software a11t:41:33 on O9/2a/2072 under Order No,5907423S001whlch expires on 0111712013, and la nolfor reaele. User Notaa: (]5734434]4) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS ' 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION B MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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 ofUiis Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all ofwhich 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 parries hereto and supersedes prior negotiations, representations or agreements, either written or orate An enumeration ofthe Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the respgns`ibility of others. Bid Requirements: Provide all labor, material and equipment to complete work of performing painting and caulking as noted in the construction documents and per the following: Division 1-General Requirements Section 079200 - Joint SealnnGs** Section 099113 -Exterior Painting Section 099123 - JnteriorPainting ** As applicable to this scope of work This contract spedfically includes but is net limited to: • ~ Provide all Iabor, material and equipment to complete all painting as noted within the constmction documents. (Unless excluded by this work package) • Provide caulking around interior door & window frames and dissimilar materials. • Paint all steel frames, steel doors, bollards, cad all miscellaneous steel fabrications as indicated bythe conslmction documents. • Provide all tempormy protection, masking and cleanup for adjacent surfaces for work performed under this work package. • Cleanup wid protection as required for this scope of work. • Scope of the work remains the same for nil buildings identified in the constmction documents. • Scope of work for alternates remains the same as base bid. (as applicable) Tkis contract spaclficelly excludes: • Pavement or sidewalk striping and symbols. Inl! AIA Document A732T"-1008 ~formariy A101i"CMa-7882). COpyrlghtm 1875,1880, 1as2 and 20096y The American lns0lule of Arohla:cls. All rights reserved. WARNING: This AIA Document Is protected by U.a. Copyright Law end Intematlonal Trestles. Unauthorized reprotluetlon or distribution or this AlA° Document, crony portion of It, may result In severe civil entl criminal penalties, and will be prosecuted to the maximum extent posa161e under / the taw. This documenlwae produced 6y AlA software at 71:41:33 on Oa/2B/2012 under Order No,5s074298o0 1 which expires on 01117/2013, and Is notfor resale, UaerNotas: (1513443414) ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.7 The date of commencement of the Work shall be the date ofthis Agreement unless a different date is stated b@low or provision is made for the date to be fixed in anotice to proceed issued by the Owner. (Insert the date of commencement, ifit dyers from the date of this Agreement or, ifapplicable, state that the date will beJbred to a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement ofthe Work, the Owner requires time to file mortgages, mechanics' hens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measived from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencemetirlfappropriate, insertregufrementsforearlterSubstandalCampletlonofcertainpoMfonsofthe Work) ' The Contractor shall achieve Substantial Completion of the entire Work not later than May 3Q 2013. (Table del¢ted) subject to adjustments of this Contract Time as provided in the Contract Documents. (insertp'rovistons, ifany, for liguidateddamages relating to failure to achieve Substantial Completion on time arfor boners paymentsfor early completion ojthe Work) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or Y,% of the Gonh~act Value (whichever is greater) fur each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be ]iab[e for liquidated damages faraday, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4,1 The Owner shall pay the Contractor the Contract Stun in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with §eaflon 4.3 below [ ] Cost of the Work plus the Contractor's Fea with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selectio» above, co» plate Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 6elow.) § 4.2 Stipulated Sum § 4.2.7 The Stipulated Sum shall be Twelve Thousand Nine Hundeed Eighty-Nino Dollars and Zero Cents ($ 12,989.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $12,989.00 AIA Document A132*" - 2008 rformarty A101T"CMa-1992). Copyright ®1976, 1990, 1992 and 2009 by The Amedcan Inealule M Architects. Alf rights IAIt. reserved. WARNING: Thla AIA® Document Is proteoted by U.S. Copyright Lawand International Treaties. Unauthorized reproduction or dlstrlbution of Ihls AIA° Document, orany portion of tt, may result in severe civil and criminal penalties, and will he proeacutetl to thamaxlmum extent poasihle under ! the law, Thla deeumenl was produced by AIA software al 11:41:33 an 08129!2012 under Order No.5907429900 1 which expires on 01777/2013, end Is notfor resale. User NOtes: (1613443414) j ~ § 4.2.2 The Stipulated Sum is based on the following altemates, if any, which are described in the ConlmctDocuments 1 and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bedding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement attach a schedule ofsuch other alternates showing the amauntfar each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Ident~ and state the unit price, and state the quantity Jtmltation.~ ifarry, to which the unit price wiA be applicable.) Rem Units and Limitations Price per Unit ($0.00) § 4.2A Allowances included in the Stipulated Sum, if any: :(Identify allowance and state exclusions, tf arry, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Pdce § 4.3,1 The ~(ihtraot Sum is the Cost ofthe Work as defined in Exhibit A, Determination ofthe Cost ofthe Work, plus -the Contraator's Fee: § 4.3.2 The Contractor's Fee: (State a pimp sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3.4Liroitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: § 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place ofthe Protect. § 4.3.6 Unit prices, if any: (Identify and state the unit price; state gtumtity limitations, if any, to which the unit price will be applicable.) Item Units and Limltatlons Price per Unit ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager far dte Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost ofthe Work. § 4A Coat of the Work Plua Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost ofthe Work as da5ned in Bxhibit A, Dat~~mination of the Cost oftha Work, plus the Contractor's Fee. § 4.4,2 The Contractor's Fee; (State a Lump sum, percentage of Cast of the Work or other provision for determining the Contractor's Fee.) AIA Document A132'"-2009 rformerly A101'"'CMe-1882). COpyrlght 1e 1975,1980, 1992 antl 20086y The Amatleen lneBWre of Architects. All dghfa Inlf reservetl. WARNING: This MAID Document Is protected by U.S. Copyright Law and Internaflanal Traetlea. Uneuthodzed reproduction or disfrlbutlon of 4 thfa AIA® Document, or any portion of It, may result In severe civil antl erlminal penaltlea, antl will he proeacutetl to the maximum extent poealble under t the law. This tlooumenlwas produced by AIA software at 11:41:33 on 08/29!2012 under Order No.5907428800 1 whleh explrea on 01n7/2013, and Is notfor reaela. User NOtee: (1513443414) § 4.4.3 Tha method of adjustment ofthe Contractor's Fee for changes in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost ofits portion ofthe Work: §'y.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) ofthe standard rate paid at the placeofthaProJect. , § 4.4.8 UtiitPrices,:ifahy: (idenk%y and stale. l`1ie'iinit price, and state the quantity limitations, (Parry, to which the unit price will be applicable.) Item Units and Llmitatlons Price per Unit ($0.00) § 4,4.7Guarariteed Maxlmnm Pdce § 4.4.7.1 Tha sum ofthe Coat of the Work and the Contractor's Fee is guazanteed by the Contractor not to exceed ($ ), subject to addifions and deductions by changes in the Work as provided in the Contract Documents, Suchmaxlmum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price td be exceeded shall be paid by the Contractor without reimbursement by the Owner. (insert speck provisions fthe Contractor is to partlctpate in any savings.) § 4.4.7.2 The Guarantced Maximum Price is based an dte following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Identify and state the amounts of terry allowances, and state whether they include labor, materials, or both.) Item Allowance § 4.4.7A Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Hosed upon Appflcations for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contact Documents. § 5.7:2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A132T"- 2099 'rformerly A701 TMCMa -1992). Copyright ®1975, 1880, 1882 end 20x8 by The American Ins9Wle oFArchllecis. Ali dghle Inn' reserved. WARNING; Thls AIAb Document Is protected by U.S. Copyright Law end Internallonal Trestles. Unauthorlxetl reprodutnon ordlaldbullon of rJ this AIA° Document, oranyponlon of It, may result In severe elvll and crlmtnal penalties, and wlll6e prosecuted [o ihamaxlmum eMant possible under t the law. Thfs dowmenlwas produced by AIA soawere at 11:41:33 on 99/29/2012 under Order No.5B9742Be00_T which expires on 0171712913, end le not far resale. User Notes: (1673443414) j § 5.1.3 Provided that an Application far Payment is received by the Construction Manager not later than the l Taventy-fifth day of a momh, the Owner shall make payment of the certified amount in ULe Application for Payment to the Coitractor not latce than the Twenty-fifth day of the following month. If an Application for Payment is received isy fie Construction Manager after the application date fixed above, payment shall be made bythe Ownernot later than Thirty (30) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of irme.) § 5.1.4 Progress Payments Where the Contract Sum is Based an a Stipulated Sum § 5.1.4.1 Each App]icaliQn for Payment shall be based on the most recent schedule ofvalues submitted by the Conhactor and approved in writing by the Construction Manager and Architect in accordance with t11e 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 and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used es a basis for reviewing the Contractor's Applications for Payment. § 5:1.4,2 Applications for Payment shall show the percentage of completion of each portion ofthe Work as ofthe end of theperiod covered by the Application for Payment. § 5.7.4.3 Subject to the provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .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 approved schedule of values, less retainage of Five percent (5.00 °/a). Pending fmal determination of cost to the Owner of changes in the Work, amoLrms not in dispute may be included as provided in Section 7.3.9 ofthe General Conditions, as modified; .2 Add that portion ofthe Contrail 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 writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .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, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to inc2•ease the total payments to Ninety-five percent (95,00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines Eric incomplete or defective Work, or both end unsettled claims; and .2 Add, iffinal completion ofthe Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accerdance with Section 9.10.3 ofthe General Conditions, as modified. § 5,1.4.5 Reduction or limitation of retainage, if any, shall be as follows: pfit is intended, prior to Substantial Completion ofthe entire WarlS to reduce or limit the retainage t esultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such redlLCtion ar limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. Inlt AIA Document A732TM-2003 tfonnedy A101 TMCMa-t9321. Copyrl9ht®1875,1930, 1992 end 2aa9 by The Amerlcen lnalllule ofArchltects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International 7reatlss. Uneulhodzed reproducaon or dlstrlbutlon of this AIA® Document, orany portion or It, may result In eevere clvll and crlminal penalties, andwlll6e prosecuted to the maximum extentposalble under t the law. This documenLwas produced 6yAlA sotlware x111:41:33 on 03/23/2312 under Ober N°.59074233011_7 which expires an 01n7/2013, and t5 not for resale. User Notee: (1313443414) § 5.1.5 Progress Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed Maximum Pdce § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable tc the Contractor's Fee; plus (3) payrolls for the period covered try the present Application for Paymont. § 5.1.5.2 Applications. for Payment shall show the Cost of the Work actually incurred by the Contractor tkuough the end of the peiigd covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1,5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cast of the Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Conhractors Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or ifthe Contractor's Fee is stated as a fixed sum, an alnount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract retainage of peecent ( %) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AlA Document A232r^r 2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 5,1:5.4 The Owner, Construction Manager and Contractor shall agree upon (1) amutually acceptable procedure for i'tjviliv! anti approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 Tn taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information famished by the Conhactor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examinafion, audit or atitlimetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the .Construction Manager and Architect have made exhaustive or continuous on•site inspections; or that the Constuction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used .amounts previously paid on account ofthe Contract. Such examinations, audits and verifications, ifrequired by the Ovyiier, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.5 Except with the Owners prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.6 Progress Payments Where the Contract Sum Is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (7) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus {3) payrolls for the period covered bythe present Application for Payment. § 5.1.5.2 Each Application for Paylnent shall be based on the most recent 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 ~, AIA Document A132T"-2008 formerly A101T"CMa-7882). COpyrlght®1976,1980, 1982 and 2000 by The American lns5fute of Archllecta. All dghte trot reaervad. WARNING: 7hla AIA Document la protected by U.S. Copyright Law antl Inlerneaonal Traallea. Unaufhorized reproduction ordlatrlbullon of ~ thla AIA® Document, or any padlon of It, may result In aevaro civil antl cdminal penaltlea, and will be proeaeuted to the maximum extent poealble antler / the law. Thla documentwes produced by AlA soawero al 11:41:33 on OB/Zti/2012 under Order No.5807428800 1 which explros on 01!17/2013, end la not for reaele. User NOWe: (1513843414) accuracy as the Construction Manager and Architect may require. T1tis schedule, unless objected to by the Construction Manager or Architect, sha[I be used as a basis for reviewing the Contrador's Applications for Payment. § 5.1.6.3 ApplicaUcns for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that poriion ofthe Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account oftltat portion of the Work far which the Contractor has made ox intends to make actual payment prior to the next Appllcation for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work inthe schedule ofvalues. § 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take thatportion of the Guaranteed Maximum Price properly allocable to completed Work es determineA by multiplying the percentage ofcompletion of each portion ofthe Work by the share ofthe (3uaraateed Maximum Price allocated to chat portion of the Work in the schedule ofvalues. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232-2009; .Y Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stared off the silo at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainaga of percent ( %) ftom that portion ofthe Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .B Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, far which the Construction Manager or P,1•chitect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AiA Document A232-2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutual]y acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.6.6 ltt taking action on the Contractor's Applications far Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shell net be deemed to represent that the Construction Manager or Architect have made a detailed examination, auditor arithmetic .verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Arclilteot have made examinations to ascertain how or for whatpurposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall net make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance ofthe Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AlA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximtun payment; and AIA Document A102'u-2008 Fomlerly A707*sCMe-1882). COpydght®7975,7900, 1992 and 2008 by The American institute ofArchlteota. All rights Init. reserved,WARNING: This AIAt Document la protected by U.S. Copyright Law antl Internellonal Trestles. Unauthorized reproduction ordlaldbullon of (j this AIA° Document, or any portion or It, may result In eevere civil antl criminal peneltlea, antl will ba prosecuted to the maximum extent possible antler ) Iha low. Thla document was produced by AIA software a111:47:33 on OBI20l2012 under OMer No.5B0742BBO0_1 which expires on 07!17!2073, eM is nolfor resale, Ueer NOtee: (1513443414) .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such ~, final payment shall be made by the Owner not more then 30 days after (1) the Contractor has fully performed the Contras and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 8.91nitial Decision Maker The Ardhitect will serve as Initial Decision Maker pursuant to Section 1 i.2 of AIA Document A232 2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parh'es mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Archite'c't.) § 6.2 Blndllig ;~ispilte Resolution For any.Clpjmsubject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232 2009 as modified,the method of binding dispute resolution shall be as follows: (Check;he';dppropriate bar. If the t7wner and Contractor do notselect a method of bindixg dispute resolution below, or ilo notsubsegkently agree in wriNxg to a bindingdispute resolution method other than litigation, Claims will be resolved by litigation in a cou/T ofeompetemjurisdiction.) [ ]: Arbitration pursuant to Section 15.4 ofAlADocumentA232--2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Spec) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where,the Contract Sum Is a Stipulated Sum § 7.1.1 The ConGaCt may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232--2009 as modified. § 7.7.2 The Woik may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009 as modified: § 7.2 Where the Contract Sum Is Based on the Cost of the Work with or withouE a Guaranteed Maximum Price § 7.3.1-Sub'ect to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor es provided in Article 14 of AIA Document A232--2009. § 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232 4009;_ however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date oftermination; .2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractoe's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee es the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost ofthe Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. § 7.2.3If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232 2009, the amount, if any, to be paid to the Contractor under Section 14.2,4 of AIA Document A232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amotfnt calculated in Section 7.2.2. § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain andthat is not otherwise included in the Cost of the Work under Section 7.2.I. To the exteltt that the Owner elects to take legal assignment of subcontracts and plrtrhase orders (including rental agreements), the Contractor shall, as a condition ofreceiving the payments AIADOCUment A932~e-2009 formerly A909TMGMa-9993). Capyd9ht®1875, 9aB0, 7982 and 2009 by The Amaieen lnsatute oFArchllecls. All rights Inlt reserved. WARNIND: Thb AIA Document Is pre[ected by U.a. Copydght Law end International Trestles. Unauthodzed reprotlucnan ar dlstrlbutlon this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will he proaesutetl to the maximum extent poeelble uni y the law. This document was produced by AIA sofhvare a111:41:33 on Oel2B/2012 undef Order No.690742s800 7 which expires on 01n7l2073, and Is not for resale. User NOles: (1a93449414) /' referred to in this Article 7, execute and deliver all such papers and take ell such steps, including the legal assignment 4 of such subcontracts and other contractual rights of the Contractor, as the Owner mayrequire for the purpose of fully vesting .in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § "7.2.5 The Work may be suspended by the Owner as provided h1 Article 14 of AiA Document A232 2009; in such case, the Contrail Sum and Contract Timer shall be increased as provided in Section 14.3.2 of AIA Document A232-2009, except that the tarn 'profit' shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4.2 ofthis Agreement. ARTICLE B MISCELLANEOUS PROVISIONS § 8.1 Where reference Is made in this Agreement to a provision of AIA Document A232 2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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 theeeof, at the legal rate prevailing from time to time at the place where the Protect is lccated. (Insert rate ~o, (`interest agreed upon, if arry.) 3/4 of 1%° perlilanth § 8,3 The Otiyier's representative: (Name, address and other information) Keith Watts, Purehasing Manager City of Meridian Plncliasing I)eparpiient 33 East Broadway, Avenue Meridian, Tdehti 83642 § B.4 The Contractgr's representative: (Name, address and other information) James Banles Color Craft Painting and Wall Covering, Inc. 5211 Coffey Street Bcise, Idaho. 8'3714 Telephone Number: 208-378-1750 FaicNumlier; 208-378.1571 § 8.5 Neither the Owner's nor the Contrector's representative shall be changed without ten days written notice to the other party. § 8.8 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution ofthls Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document AL32-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9,1.2 The Genaral Conditions are, AIA Document A232 2009 as modified, General Conditions ofthe Contract for / Construction, Construction Manager as Adviser Edition. I § 8.1.3 The Supplementary and other Conditions ofthe Canh~act: AIA OOCUment Al3T"-2009 Formerly A701 T'"CMe-19921. Copyrl9hl®1975,1960, 7992 and 2009 by The American lnelllute oFAmhllecls. Ail rlghta Init. reserved. WARNMG: This AIA` Document la proteeletl by U.S. Copydght Lew end Internatl°nal Treaties. Unauthorized reproduction or distribution or 1D this AIA® Document, or any potion of it, may result In severe civil and crlminal penalties, antl will bs prosecuted to the maximum extent possible under i fhe ]aw. This document was producetl byAlA eoaware el 11:41:33 on e6l2ai2012 under Order No.6907429900 1 which expires on e1M7l2013, and Ia nolior resale. User NOtes: (1619443414) Document Tltle Date ExhibitA Contract Document Schedule 8/23/2012 § 9.7.4 The Specifications: (Either list the 5pecifrcations here or refer to an exhibit attached to this Agreement.) Cohtract Document Schedule, Exhibit A, dated August 23, 2012 ~ (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 {fable deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Pages Portions ofAddendarelating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.7.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Doculn`eut A132T^t-2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201''"*-2007, Digital Data Protocol Exhibit, if completed, orthe following: N/A .3 AIA Dobutftent E202T"r 2008, Building Information Modeling Protocol Exhibit, if wmpleted, or the following: . N/A . .4 Other documents- if any, listed below: {List here atriy additional documents which are intended to form pm7 of the Contract Documents. AL4 Document A232-2009provides that bidding requirements such as advertisement or invitation to bid, Instructions tdBidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enurtreratea! in'thisAgreement. They should be listed here only if intended to be part of the Contract Documents) AIL bindirig documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the 'Contract Documents. AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shat l purchase and maintain hlsurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State banding requirements, if any, and limits of liabilityfar insurance requtred inAr[icle 11 ofA/A Document A232-2009.) AIA DOCUmentA132*"'-2009 formerly A101TUCMa-1992). Copyrlehl4p1875,1900, 1992 end 2009 by Tha American lns0lute of Amhltecla. All rights Init. reserved. WARNING: This AIA~ Document la protected 6y U.S. Copydght Law antl Intsrnatlonal7reatlas. Unaulhodced reproduction or dlatrlbulian or 77 this AIAe Document, or any portlan of It, may resullln severe civil end criminal peneitiea, and will he proseculad to Ih¢ maximum eaten/ poaeihle antler t the law. Thle document was produced by AlA SOflwere el 11:41:33 on 09/29/2072 under Order Nc.58o74289001whkh expires on 01!17/2073, end le not for resale. User Notes: (1513443414) Type of Insurance or Bond 11iis. Agreement is entered into as of the day and year ~t OWNER (Signatur Tammy de Weerd ,Mayor (Panted name and titlef J ~. 5 (Printed name and rifle) r AIA Document A792TM - 2008 (rformerly A701 TMCMe -1982). Copyright ®1976, 1880, 1882 end 2009 by The American Ins0lute of Architects. All rights Inlt• reserved. WARNING: This AIAb Document Ia protectetl by U.S. Copyright Law and Internetlonal Trestles. Unauthodzad reproduction or dlstdbutlon of ~.j this AIA° Document, or any portion of It, may result In severe Nvll and cdminal penalties, antl will he prosecuted to the maximum extent posal6le antler t the law. Thla document wea produced by AIA software et 11:41:33 on 08/20/2012 under Ordar No.5907428900 1 which expires on 01!17/2019, end le not for resale. User Notes: (1513443414) Limit of Liability or Bond Amcunt ($0.00) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO, 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer -Musgrove Engineering, P.A. Electrical Engineer-DC Engineering Civil Engineer-- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7137!2012 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2072 A1.0 Site Plan A1.1 Site Details CIVIL-Dated 7/30/2012 C1.0 Cover Sheet/Notes C1.1 C2.0 Grading & Drainage Plan-Overall C2.1 C2.2 Greding & Drainage Plan-Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plen & Profile C3.2 C4.0 Sita & Grading Details C4.1 C4.2 Irrigation Details C4.3 C4,4 Clly of Meridian Standard Details - 2 C5.0 C5.1 Stormwater Pollution Prevention Plan -2 LANDSCAPE -Dated 7/31/2072 or as indicated below L7.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3,1 Irrlgatlon Plan (dated 7/18/2012) L4.0 ARCHITECTURAL-Dated 713 1120 1 2 BLD - A A2.OA Overall Flcor Plen A2.1A A2.2A Floor Plan Shop B & C A2.3A A3.OA Reflected Ceiling Plan A4.OA A5.OA Extedor Elevations A6.OA Meridian Parks & Recreation Maintenance Faclllty Page 1 of 2 Topogrephlc & Control Survey Greding & Drainage Plan-Area 1 Roadway Plan & Profile - E, Lanark St. Site Utility Plan Gravity Irrlgatlon plan & Profile Site, Drelnage, and Irdgatlon Detalls Cliy of Meridian Standard Details -1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/1 812 01 2) Irrlgatlon Details (dated 7/1 812 01 2) Floor Plan Offlca /Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 A6.1A Wall Sections A0.2A Wall Sectlans / Details / A7.OA Interior Elevations /Details A8.0 DoorNVindow Schedule & Details 1 Ag.O DetailslEnergy Compliance BLD - B A2.OB Floor/Roof Plans A3.0B Exterior Elevations BLD - C A2.OC Floor/Roof Plans A3.OC Exterior Elevations /Sectlons A3.1C Well Sectlons /Details BLD - D A2.OD FloodRoof Plans A3.OD Exterior Elevations /Sectlans STRUCTURAL -Dated 713112012 51.0 Structural General Notes 51.1 Special Inspections S2.oA Foundation Plan Bld A S2.o6 Foundation Plan Bld B S2.OC Foundation / Raof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details -Foundation S5.0 5tructuralDatails-Framing MECHANICAL -Dated 7/3012012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVAC Plan - Meln Building M7.1 HVAC Plan -Building C M2.0 HVAC Details M3,0 HVAC Schedules PLUMBING -Dated 7130/2012 P1.0 Plumbing Plen - Building A P1.1 Plumbing Plan -Building C P2.0 Plumbing befalls P3.0 Plumbing Schedules ELECTRICAL -Dated 7/30!2012 E0.0 Electrical Cover Sheet E0.1 Slte Electrical Plan E0.2 Electrical Roof Plan E1.0 Power Plan -Building A E1.1 Power Plans -Building B, C, & D E2.0 Lighting Plan -Building A E2.1 Lighting Plans-Building B, C, & D E3.0 One Llne Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 ~ ~ •` ==AIA Document A132T" - 2009 Standard Form ofAgreementBetween Ownerand Contractor,Construcfion Manageras Adviser Edifion BId Feckage No.14 -Carpet and Resilient Flooring ADDITIONS AND DELETIONS: AGREEMENT made as o_f the Twenty-Forth day of August in the year Two Thousand The author of Ihls document has Tiyelve added information needed far its (iii words; indicate day, month and yam:) compleuan. The author may also have revised the text of the original 9k-1'WEEN flla Owner: Aw standard farm. An Additions and (Name, legal status, address and other information) Deretions Report that notes added Information as well as reN6lons to the City ofMexidian standard farm text Is avallabla from 33 East Broadway Avenue the author and should be reviewed. A Meridian, Idaho 83642 verNCal Ilne In the left margin of this document indicates where the author and We ConUactor: has added necessary Information (Name, legal status, address and other information) and where the author has added fo or deleted from the original AIA text. Great Floors, LLC This document has important legal 2855 East Fairview Avenue consequences. Consulfanon with. an Meridian, Idaho 83642 attorney is encouraged with respect Telephone Number: 208-884-1993 to Its completion or modlflcatlon. Fax Number: 208-884-1994 This document is intended to be used for The followingProject: In conjunction with AIA Documents TM (Name, location and detailed description) A232 -2009, General Conditions of the Conbaet for Cansirucdon, Conshucaon Manager as Adviser Meridian Pm$s & Recreation Maintenance Facility Edillon; B132TM-loos, Standard 1700 East Lanark Street Form of Agreement Between Owner Meridian, Idaho 83642 and Architect, canstrucuon Manager as Adviser Edillon; and The Construction Manager: C132'a-2009, Standard Form of (Name, legal status, address arsd other information) Agreement Between Owner and COnslfuCNOn Manager as Adviser. Kreizenbeck, LLC DBA IZreizenbeck Constructors, AIA Document A232TM 2009 is 11724 West Executive Drive adopted In Ihfe document by Boise, Idaho 83713 reference. Do not use with other Telephone Number: (208) 33G-9500 general condlllons unless this Fax Number; 208 336-7444 ( ) document Is modlfled. The Architect: (Name, legal states, adds ass and other inforrnalion) Insight Architects, P.A. 2238 SouthHi•oadwayAvenue Boise, Idaho: 83706 Telephone Number: (208) 338-908D The Owner and Contractor agree as follows. AIA Document A132ra-2008 formerly A701TMCMa-1992). CopyrlBhl®7976,1960, 1892 end 2008 by The Amedcan Institute o(Arehitecls, All dghla Init, reserved. WARNING: Thla AIA bocumant la protected by U.S, Capyrlght Lawand Intematlonal Treaties. Unaulhorizetl reproducllan or tllstrlbutlon of this AIA® Document, or any portion of it, may result In severe clvll and crlminal penaltlas, and will be prosecuted to the maximum extent posalble antler t the law. Thle document was produced by AIA software of 17:40:69 on OaYL8120T2 under Order No.59074266110_t which expires on 01!1712013, and le not for resale. User Notee: (1687864326) TABLE OF ARTICLES THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS- 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION S MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 70 INSURANCE AND BONDS ARTICLE 7 THE CONTRACT DOCUMENTS The Contract Documents consist ofthis Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Dravvings, Specifications, Addenda issued prior to execution ofthis Agreement, other documents listed in this Agreement and Modifications issued after execution ofthis Agreement, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Requirements: Provide all labor, material and equipment to complete work of installiug the carpet and resilient Rooring as noted in the coustructlon documents and per the following: Division 1-General Requirements Section 079200 -Joim Sealants" Section 096513 -Resilient Base and Accessories Section 096516-Resilient Sheet Flooring Section 096519-Resilient Tile Floming Section 096813 Tile Carpeting ** As applicable to this scope of work Tkis contract specifically includes but is not Untited to: • Furnish gird install all resilient flooring, base end carpet in accordance with construction documents. • Complete all boor preparation as per the manufachuer's requiremarts. • Perform all cleaning and miscellaneous activities as requited. • Provide and install approved transition strips at all flooring transitions. • Verify till dimensions prim to installation. • Clean, provide and apply protective floor polishes for this work package in accordance with the construction documents. • Scope of the work remains the same for all buildings identified in the construction documents. • Scope of work for alternates remains the same as base bid. (as applicable) plA Document A132"' -2008 lormerly A701 *"CMa- 7992). copyright ®1975, 1960, 1992 and 2009 by Tha Amedean Inatllule oFAmhlleds. All rtghts Init. reserved. WARNING: This AIA Document is protected by U.S. copyright Lawantl Inlernatlonal Treatise. Unaulhodzatl reprotluctlon ar tlistrtbution o1 ihie AIA° Document, or any portion of it, may result In severe civil and cdminal penalllea, and will be proeaeuted to the mazlmum extent possible under ( Lhe law. Thla doeumenlwas producetl by AIA soaware at 11:40:53 on 08/26/2012 antler Ortler No.6907428600 1 which expires on O1M7/26]3, and is not for resale. User Nolee: (1697864328) ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.i The date of commencement of the Work shall be the date ofthis Ageement unless a different date is stated below or provision is made fa' the date to be fixed in a notice to proceed issued by the Owner. (Insert the date ofcommencement, [J'it dilfwsfrom the date of this Agreementar, ifapplicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. I$ prior to the commencement of the Woxk, the Owner requires time to file mortgages, mechanics' liens and other sgcurity interests, the Owner's time requirement shall be as follows: § 3,2 The Contract Time shall ba measured froln the date ofcommencement. § 3.3 The Cohtractoi shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commericemen} or as fellows: (insert nu»16er ofcalenddr days Alternatively, a calendar date may be used when coordinated with the date of commencement. !f appropriate, insert requilemer/Cs for earlier Substantial Completion of certain portions ofthe Work) The Contractor shall achieve Substantial Completion of the enfve Work not later than May 30, 2013. (Table deleted) subject to adju9tments of this Contract Time as provided m the Contract Documents. (Insert provisions., tf any, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bo»us payments for ¢arly completion ofthe Work) In theevent the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or''/a% of the Contract Value (whichever is Beater) for each end every calendar day following the end of the Conhact Time until Substantial Completion is adlieved; provided that the Contractor shall not be liable for liquidated damages fora day, or days of the excusable delay occurring during such period following the end of the Contract Tjnle, ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in cun•ent funds for the Contractor's performance of the ConhTlct. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, co/nplere Section 4.Z, 9.3 or 4.4 below Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 Tht9 Stipulated Sum shall be Ten Thousand One Hundred Twenty-Seven Dollars and Zero Cents ($10,127.00 ), subject to additions and deletions as provided in the Contract Documents. ( ~ Base Bid $10,127,00 AIADacument A732TM-2009 formerly A701T"CMa-1982). Copyrl8ht®1975,1980, 1892 end 2009 by The American lnsalute ofAmhaecrs. All dghte Init. roserved. WARNING: This AIA` Document Is protected by U.B. Copyright Lew and Internatlonel Trestles. Unauthorized reproduction or dlstdbullon of this AIA® Document, orany portion of il, may result In severe civil end criminal penalties, and will he prosecutetl to the maximum extent poeelbla under / the law. This documentwas produced by AlAsoaware a111:40ai3 on 08/29/2012 under Order N°5997429999 7 which expires on 01/17/2013, end la not for resale. User Notes; (1987954326) § 4.2.2 The Sfipulated Sum is based on the following alternates, if any, which are described in the ContractDocuments and are hereby accepted by the Owner: (State the mrmbers or other ident~icalion of accepted alternates. If the bidding orproposal dacumentspermit the Owner to accept other alternates subseguent to the execution of thisAgreement, attach a sch¢dule afsuch other alternates showing the amount for each and the date when that amount expires.) IV(A § 4.2.3 Unit prices, if any: (Identi, jy and state the unitprtce, and state the quantity ditnitations, tf arty, to which the unitprice will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2,4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, tf any, front the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Peke § 4.3.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor's Fee. § 4,3,2 The Contractor's Fee: (State a lump sum, percentage afCost of the Work or other provision for determining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3.4 Limitations, if any, on a Subppn{ractor's overhead and profit for increases in the cost ofits portion ofthe Work: § 4,3.5 Renfal rates for Contractor-owned equipment shall not exceed percent ( %) ofthe standard rate paid at the place of the Project. § 4.3.6 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units end Limitations Price perUnit ($0.00} § 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shalt include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work. § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determinatien of the Cost ofdre Work, plus the Contracfat's Fee. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the GYmk or other provision for determining the Contractor's Fee.) AIA Document A432*^'-20D8 formerly AlD1'aCMa-1892). Copyright®1975,4960, 1992 antl 2009 by The Ameflean lnsOtute olArchltects. All rights Init. reserved. WAnNING: This AIAi Document le protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction ordlaldhutlon or 4 this AIA® Document, or any portion of II, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent posalble under t the law. This documentwas produced by NA soflwere el 11:40:53 on 08/28720/2 under Ortlar No.5907426600 1 which expires on 01/17/2013, and is nol for resale. User Notes: (1887664326) § 4.4.9 Tlie method of a~jushnent ofthe Conhractor's Fee for changes in the Work: § 4.4.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost of its porfion ofthe Work: ~§ 4,4.513ental rates for Contractor-owned equipment shall not exceed percent ( %) of the standazd rate paid at the .place of the Project. § 4.4.6 Uriit Prices, ifany: (Idenhfy'and.state the unitprice, andstate the quantity limitations, ifany, to which the unitprice will be applicable.) item Units and Limitations Price per Unit ($0.00) § 4.4.7 Guaranteed Maximum Price § 4.4.7.1 The sum ofthe Cost ofthe Work and the Contractor's Fee is guaranteed by the Contractor notto exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred td iri the Contras[ Documents as fhe Guazanteed Maximum Frice. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisiorys ifthe Contractor is to participate fn arty savings.) § 4A.7,2 The Guaranteed Maximum Price is based on the following alternates, ifany, which are described in the ConTractbocumehts and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, ifany: (Identefy aril state the amounts of arry allowances, and state whether they include labor, nurterials, ar both.) Item Allowance § 4.4.7.4 Assumptions, ifany, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMEN75 § 5.1 Progress Payments § 5,1.1 Based updn Applications for Payment properly submitted to the Construction Manager by the Conuactor, and upon certification. oftheProject Application andProject Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Conhact Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A132TM- 20091formerly A701'"CMe -1982). Copytlght ®1875,1960, 1992 entl 2008 by The Amerlcen InaaNle of Archltecls. All rights Init. reaervetl. WARNINn: Thla AIA® Document la protected by U.S. Copydght Lew and Intamatlonel Trestles. Uneulhodzed reproduction ortlletrlbutlon of this AIA® Document, or sny portion of It, may result Inaevere elvll entl criminal penaltlea, entl will be proaeculetl to the maxlmumexlenl possible antler ) the lsw. Thla tlacumenlwae protlursd byAlAeoawere el11:40:53 on0B/28/2072 und~rOber No.68074266007whlch explreson 01119/2013, entl le nolfor resale. Veer NOlea: ~ (1697054326) / § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the l 'Itventy-fifth day of a month, the Owner shall make payment ofthe certified amountinthe Application for Payment to the Contractor not later than theTwenty-&fth 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. (Federal, state or local laws may require payment within a certain period of rime.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contmctor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule ofva[ues shall allocate the entire Contract Sum among the various portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect rrlay require. This schedule, when, and only when, approved in writing by the Constnldion Manager or "Architect, shxali be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 ApplicatEOrisfor Payment shall show the percentage of completion ofeach portion ofthe Work as ofthe end ofthe period coveeed by the Application for Payment. § 5.1.4.3 Subject to the provisions ofthe ContmctDocuments, the amount of each progress payment shall be computed as follows: _ .1 Take that portion of the Contract Sum properly allocable to wmpleted Work as determined by mulfiplying the percentage completion of each portion of the Work by the share ofthe total Contract Sum. sl located to that portion of the Work in the approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owlter of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add dt~t portion ofthe Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site For subsequent incorporatiml in the completed construction (or, if approved in writing inad6ance by the Owner, suitably stored off the site at a locafion agreedupon in writing), less retaiiiage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Conshvction Manager or Architect has withheld or nullified a Cerdfioafe for Payment as provided in Section 9.5 of the General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Conshvction Manager as provided in the Contract Documents. §.5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be fiuther modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety=five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; east .2 Add, if total completion ofthe Work is thereafter materially delayed through no fizult of khe Contractor, any additional amounts payable in accordance with Section 91 D.3 ofihe General Conditions, as modified. § 5.1.4.5 Reduction or limitafion of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion ofthe entire 11'orl~ to reduce or limit the retainage resulttngfrom the percentages inserted in Sections 5.1. A 3. I and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here pr•wisionsfor such reduction or limitation.) No reduction in retainage will be allowed prior to Hnal completion without written approval of the Owner. § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier titan retained from their portion of the Work. AlA nocumant A132Ta-2009 famneriy A707 TaCMe-1992). Copyright®1675, isBO, 1892 and 2009 by The American lnsOtule ofArchltacts. All rights Init. reserved. WARNING: This AIA~ nocumant Is protected by U.e. Copyright Law and International Trestles. Un9ulhodzad reprotluction or dislributlon of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, end will 6e prosecuted to the maximum extent possible under t the law. This documenlwas produced by AlA SORwero e111:40:63 an 08/29!2012 under Order No.5B07429900 1 which explree on 01!7712013, entl Is not (or resale. User Notes; (1697854329) / § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed l Maximum Price § 5,1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Eiihibit A, Determination of the Cost ofthe Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construcdon Manager or Axclil[ect to demonstrate that cash disbm~sements aready made by the Contractor on account ofOte Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrol Is for the period covered by the present Application for Payment. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period coveted by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be wmputed as follows: . .1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; ,2 Add the C.dhhactor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cos[ of the Work described in that Section at the rate stated in that Section; or if the Contractor's Fee is stated as a fixed sum, an amount which bears the sameratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subh~act the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentaton; and .6 Subtract amounts, if any, for which the Construction Manager or Architecthas withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AlA Document A232TSL2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 5.1.5.4 The Owner, Cohstruction Manager and Contractor shall ages upon (1) a mutually acceptable procedure for review and approval ofpayinents to Subcontractors and (2) the percentage of retainage held on Subcontracts, and rite Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5In taking action on the Contractor's Applications For Payment,lhe Construction Manager and Aechitect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Managet• and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the Constmction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made ezamhtations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Conh•act. Stich examinations, audits and verifications, ifrequtred by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have aot been delivered and stored at the site. § 5.1.8Ptvgress Payments Where the Contract Sum Is Based on the Cost at the Work with a Guaranteed Maximum Prict3 § 5.1.5.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demotishate that cash disbursements already made by the Contractor on acwunt ofthe Cost of the Work equal or exceed (1) progress payments already received by the Contractor; Less (2) that portion of those payments attributable to the Contradar's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.8.2 Each Application for Payment shall be based on the most recent schedule ofvalues 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 AIADOCUment A732*'^-2008 formerly A101'"CMa-1992). Copyri9hl®1975,1980, 1992 and 20096y The American lnsOlule ofArehltecm. All dahfs IDIt, reserve®. WARNING: This AIA Document Is protected by U.S. Copyright Law and Intamatiana[ Treaties, Unauthorized reproduction ordlatrlbutlon or 7 this AlA Document, or any portion or it, may resultIn severe civil and criminal penalties, and will ba prosecutetl to the maxlmumexlenl poselbte under ) the law. This document was produced byAlA software x117:40:53 on OBY18/2072 under Order No,690742000D 1 which expires on 01/17/2013, end Is not for resale. User NoleB: (1697054320) accuracy as the Construct[on Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Conhactor's Applications for Paymettt. § 5.1.6.3 Applications for Payment shall shave the percentage of completion of each portion ofthe Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work whic3t has actually been completed; or (2) the percentage obtained by dividing (q) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of ,the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined bymultiplying the percentage ofcompletion of each portion ofthe Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of valves. Pending final determination of vest to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232-2009; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored atthe site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location ageed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, ifthe Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that &xed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .5 Subtract We aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5,1.6.1 to sulistantiate pricy Applications for Payment, or resulting from errors subsequently diswvered by the Owner's auditors in such documentation; and .7 Subtract amotmts, if any, for which the Construction Manager or Architect havewithheld or nullified a Certificate for Payment as provided in Section 9,5 of AlA Document A232 2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not be deemed to represent ihatthe Construction Manager or Afchitect have made a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Cotshttction Manager dr Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on accouiitoftlie Contract. Such examinations, audits and verifications, ifrequiredbytha Owner, will be performed by the Owiiei•'i: iiuditot•s acthtg in the sole interest of the Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5:2_Final Payment § .52:7 Fipal payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor wh_ en .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to wrrect Work as provided in Secflon 12.2 of AlA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis ofthe Coat ofthe Work, whit or without a Guaranteed Maximum payment; and AIA Document A132*'"-2009 formerly A101r'"CMa-79921. Capydght®1976,1990, 1992 antl 2009 by The Amedcan lnatltule of Architects. All dghte Init. reserved. WARNING: This AIA Document is protected by U.a. Copyright Law and International Traalles• Unaulhodzsd reprotlucllon or dietrlbutlon of 8 this AIA® Document, or any poA[on of it, may result in severe clvll antl crtminal panaltles, and will be prosecuted to the maximum extent poaslble under / the law. This tlocumentwas protluced by AIA software at 11:40:53 on 08@9!2012 umler Omer No.5907429900_1 which expbes on O7/17I2013, and Is nolfor resale. User Notes; (1697964326) .3 afinalCertificateforPaymentorProjectCerNficateforPaymenthasbeenissuedbytheArchitect;such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fiilly performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.71nitial Decision Maker 11te Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AlA Document A232 2009 as modified, unless the parties appoint below another individual, not a parry to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact irrjarmation of the Initial DecisienMaker, jf other than. ilia Architect.) § 6.2 Bltiding Dispute. f~esolutlon For-any Ghim subject f~, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232 2009 as modified,ahe method df Binding dispute resolution shall be as follows: r' ,. (Check the appropYtate box. If the Owner and Contractor do not select a method ofbinding dispute resolution below, or do not s6bsegtrently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofcompetentjurisdiction.) [ ] Arbitration pursttaltt to Sectien 15.4 of AIA Document A232 2009. [ X ] Litigation in a court of competentjurisdidion. [ ] Otliei•: (Specie) ARTICLE 7 TERMINATION OR SUSPENSION § 71 Where the Contract Sum Is a Stipulated Sum § 71 1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 ofA7A Docmment A232 2009 as modified. f § 7.1.2 Tha UVork iiiay be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. § 7.3 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7:2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7,2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: A Take the Cost of the Work incurred by the Contractor to the data of termination; .2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Sections 4,3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost ofthe Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its wmpletion; and .3 Subtract the aggregate of previous payments made by the Owner. § 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232 2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 ofAIA Doctmtent A232--2009 shall not tense the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2. § 7.2.4 The Owner shall also pay the Contractoe fair wmpensation, either by purchase or rental at the election of the Ownef, for any equipment owned by the Contractor thatOte Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignmemt of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments AIA Document A732TS-2009 Tormedy A101*"CMe-1992). Capydght®1975,1980, 1992 end 2009 by The Amedean lnstl(ule olAmhltecfs. All rights Inlt, resarvotl. WARNING; Thls AIA Document Is pmtecled by U.S. Copyright Law and International Treaties. Unaulhodzed reproduction or tllstdbution of this AlA®DOCUmenq orany portion of l6 may resultin severe civil and criminal penalties, and will he prosecuted to the maximum exlentpaaslbia under 9 t the law. Tale documentwes produced by AIA saNWere at 11:40:53 on OBf28t2012 under Order Nob90742BB00 1 which explma on 01n 7!2019, antl Is not For reaele. User Notee: (1887854926) referred to in this Article 7, execute end deliver ell such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor undes such subcontracts or purchase orders. § 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009; in such cage, ilre Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232-2009, except that fhe term 'profit' shall be understood to mean the Contractor's Pee as desraibed in Secfions 4.32 and 4.4.2 ofthis Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.7 Where reference is made in this Agreementto a provision of AIA Document A232 2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contrail Documents, § 8.2 Payments due and unpaid under the Contract shall bear interest from the data 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, ifany.) 3/4 of 1°/a per month § 8.3 The Owner's repeesentative: (Name, address and other information) Keith Watts, Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642- § 8.4 The Contractor's r~resentative: (Name, address and other information) Brad Allred Great Floors, LLC 2655 Eest FairviewAve_nue Meridian; Idaho 83642 Telephone Number: 208-884-1993 Fax Number; 208-884-1994 § 8.5 Neither the Owner's not the Contractor's representative shall be changed without fen days v/ritten notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 Tho Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9,1.7 The Agreement is this executed AIA. Document A132--2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232--2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.7.3 The Supplementary and other Condi$ons of the Contract: AIA Document A432'"'-2009 formerly A701 `aCMa-19921. CopydOht®1875,1880, 1992 entl 2008 by The American lnsUlute orArchllecls. All rights Init. reserve m. WARNING: This AIA Document la protected by U.6. Copyrlaht Lew and Internalionel Trestles. Uneuthotlzetl reproducllon or dlstributlan of ~D this AIA Document, or any ponlan of It may result In severe clvll and cdminal peneltlea, entl will be prosecutetltothe msxlmumextent poselble under t the law. Thla document wes produced by AIA software a111:40:53 on OBI26I2842 under Order No.5907426800 7 which explree on 01117!2073, end le not for resets. U°er Notes: (1687664326) Document Title Date . Exhibit A Contract Document Schedule 8{23/2012 § 8.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to thisAgreement) Qoptt~abt Document Schedule, Bxhibit A, dated August 23, 2012 ~ (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings hers or refer to an exhibit anached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 _ (Table deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 8!17/2012 432 Pages Portions ofAddendarelating to bidding requirements arenot part of the Contract Documents unless the bidding requirements are also enumemted in this Article 9. § 9.1.7 Additional docunienfs, if any, forming part of the Contract Documents are: .1 AlA Document A132T^r-2009, E~dtibit A, Determination of the Cost of the Work, if applicable. .2 AIA DocumentE201TN-2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202TA1 2008, Building Information Modeling Protocol Exhibit, if completed, or the following: iV/A .4 Other documents, if any, listed below: (Listliere arry additona[ documents which are intended toform part ofthe ContractDocuments. AIA DocumentA232 2009provides that biddtngrequiremcnts such as advertisement or invitation to bird Instructions to Bidders, sample farms and the Contractor's bid are notpart of the Contract Documents unless enumerated to {his Agreement. They should be listed here only if intended to be part of the ContracfDacuments.) All binding documents including the btvitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to ba part of the .. Conhact Documents. AIA Document 0.232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain ittsuranca and provide bonds as set forth in Article 11 of AIA Document 0.232-2009 as modified Refer to Supplemental Conditions modifying AIA Document 0.232-2009 for changes and additions to Article 11 "Tnstnance and Bonds". Contractor is required to provide 100%Payment and Performance Bonds. (State bonding requirements, :f any, and limits ofliabilityfor insurance required in Article II afAlA Document 0.232 2009.) AIA Ooctlment A732~°- 2009 `rformerly 0.101 TMCMa- 7992). Copyrlghl ®1875, 1980, 1992 and 2009 by The Amedcen Inatllule oFArchltecls. All dghta Ind' reserved. WARNING: Thia AIAS Document is protected by U.S. Copyright Lawand Internali°nal Treaties. Unauthorized reproduction ortlistdbutlon °F 11 this AIA® Document, orany portion of It, may result In severe clot! antl crlminal panaltles, and wi116e proaeculetl to the maximum extentposalble under t the law. This tlocumenlwas produced byAlA SOfhvare al 11:0.0:63 on 08!28/2012 antler Order NO.5907g288007whlch expires on 01t7tZ013, antl le not fat resale. User Natea: (1687854326) j Type of Insurance or Bond Llmlt of Liability or Bond Amount ($0.00) 1 This Agreement is entered into as of the day and year first written above. OWNER (Signah C- O~A~TOR (Signa~~here) Tammy de Weerd ,Mayor ~,aea ,1 4Y.C.l.P~,D (Printed name and title) (Pr/nt ne ame and title) ~~~~~ ~os~ i ~~~ AIA Document A732TM-2009 formerly A101 TMCMa-1992). Copyright 0)1875,1880, 1982 end 2009 by The AmerlwnlnsOtute olAmhltecls. All rlghta Init. reserved. WARNING: This AIAS Document is protectetl by U.S. Copyright Law and International Treaties. Unauthorizetl reprotlucnon or tlistrtbution of ~.j this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will he prosecuted to the maximum extent posalble under l the law. This document was produced byAlA software a111:40:53 on 08/28/2012 under Order No.6907429800_1 which expires on 07/17/2013, and Is nolfor resale, Uaer Notes: (1897054328) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 63642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT bOCUMENTS as issued by Insighfi Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer-Musgrove Engineering, P.A. Electrical Engineer- DC Engineering Civil Engineer-Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012_ (24 pgs) Addendum No. Two dated August 17, 2012 {432 pgs) DRAWINGS COVER -Dated 7!3112012 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7131/2072 A1.0 Site Plan A1.1 CIVIL -Dated 7/30/2012 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan -Overall C2.1 C22 Grading & Drainage Plan -Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Siie &Greding befalls C4.1 C4.2 Irrigation Details C4.3 C4.4 Cily of Merldlan Standard Details - 2 C5.0 C5.1 Stormwater Pollution Prevention Plan - 2 LANDSCAPE -Dated 7!31/2012 or as indicated below L1,0 Landscape Cover Sheet L2.D L2.1 Landscape Plan L3.0 L3.1 Irrigation Plen (dated 7i1a1z012) L4.0 ARCHITECTURAL-Dated 7/31/2012 BLD - A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A A3.OA Reflected Ceiling Plan A4.OA A5.OA Exterior Elevations A6.OA Merldlan Parks 8 Recreation Maintenance Facility Page 1 of 2 Site Details Topographic & Control Survey Greding & Dminage Plan-Area 1 Roadway Plan & Profile - E. Lanark St. Site Utility Plan Gravity Irrigation Plan & Profile Site, Drelnage, and Irrigation Details City of Merldlan Standard Details - 9 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/1 812 01 2) Irrigation Details {dated ~/1e/2012) Floor Plan Office /Shop A Floor Plan Shop D Roof Pian Building Sections August 23, 2012 A6,1A Wall Sections A6.2A Wall Sections /Details A7.OA Interior Elevations /Details AB.O Door/Wlndow Schedule & Details Ag.O Details/Energy Compliance BLD-B A2.OB Floor/Roof plans A3.OB Exterior Elevations BLD -- C A2.DC Floor/Roof Plans A3.OC Exterior Elevations I Sections A3.1C Wall Sections /Details BLD - D A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Sections STRUCTURAL-Dated 7/31!2092 57.0 Structural General Notes S1.1 Special Inspections S2.OA Foundation Plan Bld A S2.08 Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bid D S3.OA Roof Framing Plan Bld A 54.0 Structural Details - Foundation S5.0 SlructuralDetalls-Framing MECHANICAL -Dated 7/30!2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVAC Plan -Main Building M1.1 HVAC Plan -Building C M2.0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7/30!2012 P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -Building C P2.D Plumbing Details P3.0 Plumbing Schedules ELECTRICAL-Dated 7/30/2012 E0.0 Electdcal Cover Sheet E0.1 Slte Electdcal Plen E0.2 Electrical Roof Plan E1.0 Power Plan -Building A E1.1 Power Plans-Building B, C, & D E2.0 Lighgng Plan- Building A E2.1 Lighting Plans -Building B, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 ~~~~aAlA Document A1327" - 2009 Standard Form ofAgreementBefween Owner and Contractor,ConstructionManageras Adviser Edition Bld Package No.13-Drywall and Acoustical Assemblies ADDITIONS AND DELETIONS: AGREEMENT made as of the Twenty-Fords day of August ht the year Two Thousand The author of mis doaument has T\velve added Informallon needed far Its (In words, indicate dqy, month and year.) completion. Tha eulhor may also have revised the taM of the original _ BETWEEN the Owner: AIA standard form. An Addlfbns and (Name, legal status; address and other information) Deletions Report Ihat notes added Informallon as well as revisions to the City ofMerldian ~ slandaM form text Is available from 33 East Broadway ,Avenue ~ ~ the eulhor end should he reNewed. A Meridian, Idaho 83642_ ~ vertical Ilne In the loll margin of Ihla . ~ document Indleates where the author and the COntraCtOY: ~ ~ has addetl necessary information (Name legal Statys, address aird other information) and where the authorhas added to or deleted from the odglnel AIA text. Precision Steel & Gypsum, Inc. This document has Important legal 274North Maple Grove, Suite 101 consequences. ConsuRatlonwlth an Boise, Idaho 83704 ~.~ attorney Is encouraged with reaped Telephone Number: 7A8-375-3166 to Its completion or modlFlcetlon. Fax Number: 208-975-3173 Thls document la Intended to ba used for the followitlg)?1`ojeot: ~ In conluncllon with AIA Documents *u A232 -2008, General CondlBona of (Name, location and detailed description) ~ the contract for conslrudlon, ~~- `~ Conslruc8on Manager as Adviser Meridian Parks & I;ecreation Maintenance Facility EdlBon; Bt az*"-zoos, standard 1700 East Ianark Street Form of Agreement Between Owner Meridian, Idaho 83642 and Architec6 construction Manager as Advlaer Edition; and Tha Construotlon Manager: C132TU-2009, Standard Form of (Name, legal status, address and other information) Agreement Between Owner and Construcllon Manager as Adviser. Kreizenbeck, LLC DBA ICreizenbeck Constructors, AIA Document A232T"-2008 Is 11724 West Executive Drive adopted In this document by Boise, Idaho 83713 reference. Do not use with ether Tale hone Number: 208 336.-9500 P (- ) general conditions unless Ihls Fax Number: (208) 336=7444 document Is modlFled. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. X238 South Brgadway Avenue Boise, Idaho 83706 'CalephoneNumber: (208) 338-9080 The Owner and Contractor agree as follows. AIA Document Al a2*'" - 299911formerly A101T"CMa - 7992). Copy Init. reserved. WARNING: Thle AIAb Document Is protected by U.S. G, this AIAe Document, or any portion of It, may result fn severe ctvll ! khe law. This documentwea produced byAlA software at 11:49;11 on resale. User Notoa: 1992 end 2009 by The Ameriaen Instllule of Arehllecfe. All dghte Intematlonal Trestles. Unauthortzetl reproduction ordlatrtbutlon of altlea, and will ba proseeutetl to the maximum extant poaelbla under Order No.69D742a800 1 which explrae on 07/1712073, and Ia not tar (1a70097742) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 'fHEWORKOFTHISCONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 8 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 If~$URANCE AND BONDS ARTICLE 1 THE CONTRACT bOCUMENTS The Contract Documents wnsist ofthis Agreement, Conditions ofthe Contract (General, Supplementary and other Conditions), Ihavvings, Specifications, Addenda issued prior to execution ofthis Agreement, other doouments listed in this Agreement and Modifications issued after execution ofthis Agreement, all ofwhich form the Contract, and me as fully a part ofthe 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 ar aral, An enumeration of the Contract Documents, other than Modifications, appears in Article 9. A~iTICLE.2 THE WORK OF THIS CONTRACT The Contrac(oi• shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Requirements: Provide all labor, material and equipment to complete work of furnishing and installing all drywall, aeonstlcal products, and insulation as noted in the construction documents and per the following: Division 1=General Requirements Section 0611100=Rough Carpentry!* -Section 072100 - Thermal Insulation** Section 079200-Joint SealaMS" Section 092216 -Non Snvctutal Ivletel ~aming Section 092900 - Gypslun Board. Section 095113 --Acoustical Pangl Ceilings "* As applicable to t_hls swpe of work This contract specifically includes but is not limited to: • Furnish end itis~ll all steel stud framing, well furring, suspended ceiling Gaming, gypsum board assemblies, acoustical ceilings, and insulation as Indicated by the construction documents. • Furnish and install all building insulation as indicated bythe construction documents. • Famish and install backing and blocking in walls where indicated by the construction documents. Coordinate with cabinetry and specialties contractors for 5nat locations. • Famish and install wood sheathing far wall types 6 & 7 as indicated by the construction documents. • Provide acoustical sealants and caulking associated with your work, • Provide and install all anchors and fasteners to attach work under this work package to structure. • Provide and insfall gypsum board ceilings either concealed or exposed as indicated by the construction dowtnents. • Provide all temporary protection, mask[ng and cleanup for acyjacent surfaces for work performed under this bid package. AIA Document A132'" - 2009 ``formerly A101 TMCMe-1082). Copydght ®1075,1880,1992 and 2009 by the American Inelllule ofArchaeoLn. All dghfs Init. reaarvatl. WARNING: This AIAD Document Ie protected by U.9. Copyright Lawand Infernatlonal7reatles. Unauthodzed reproduction ordlalrlbutlon of Z this AIA° Document, or any ponlon of It, may reeull In severe civil antl criminal penalllee, antl will bo proeaeuletl to the maximum extent poaelble under ~ the law. Thla tlacumenl was pratluced 6y AlA aoawere al 11:40:11 on OB/2B/2D12 under Ortler No.69074288001vfiloh expires on 0111 712 0 7 3, end ie not far resale. User NOles: (7870087742) • Protect, clean and repair of concrete floors as a result of work parfonned inthis work package included. • Lifting and hoisting as regt»red for work within this work package. • Drilling and epoxy as required for this scope of work. • Coordinate with other trades for placement of light fixtures, sprinkler heads, grilles in acoustical ceiling. • Provide additional ceiling wires for seismic regtdrements for fixtures, • Scope oftha work remains the same for all buildings idemifled in the censhuction documents. • Scope of work for alternates remalils the same as base bid. (as applicable) This contract specifically excludes: • Helow grade fnundation rigid iosulation. ~. • Pre-engineered Metal building insulation. • Z- furring at front entry canopy. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3,7 The date of commencement of the Work shall be the date of this Agreement unless a different data is stated below o pYOdLsion is made for the data to be fixed in a notice to proceed issued by the Owner. (/nsert the date of'commencement, ifit d~ersfrom the date of thisAgreementor, tfapplicable, state that the date will be fixed in a notice to proceed) The gommencemetlt date will be fixed in a notice to proceed. If, prior to: }ha coritmencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The"Cdntractor shell achieve Substantial Completion oftha entire Worknot later than ( )days from the date of commencement, dr as follows: (lnsef(ryumber ofgAlendar days. Alternatively, a calendar date may be used when coordinated with the date of comirrencemant 7f appropriate, insert regufrements for earlier Substantial Completion afcertain portions of the N'ork,) - The Contractor shell achieve Substantial Completion of the entire Work not later than May 30, 2013. (Tab/e deleted) sabjeot to adjustments of this Conhact Time as provided in the Contract Documents. (Insertpravisions, (f'any, for liquidated damages relating to faflure to achieve Substantial Completion on time orfor bursas payments for early completion of the i7ork) Tn the event the Contractor, without excuse, fails to achieve Substantial Completion within the Conffact Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($],000.00) qr'l% of the Contract Value (whichever is greater) for each and every calendar day Following the end of the Conffact Time until Substantial Completion is achieved; provided that the Contractor shall not ba liable for liquidated damages foi• a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract, The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below AIA Document A132'a- 2008 'rformerly A1D1 TMCMa -1992). Copyrl0ht ®1876, 18aD, 1992 and 2009 by The American Ins11W[e of Architects. All rights Init. reserved. WARNING: Thla AIAm Document Is protected by U.6. Copydght Lew end Intematlonal Treaties, Uneuthodzed ropraduetlon ordletdbullon of this AIA° Doeumont, or any portion of It, may result In severe civil end cdminel p•neltlee, entl will be prosecuted to the maximum extant poulble under I the law. This dacumenlwea praducatl by AIA saflware al 11:40:11 on 0 812 812 01 2 under Ortlar No.6807428800 1 which expires an 0 111 712 0 1 3, end la not for resale. User NOtea: (1870097742) [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum price, In accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Pl•ice, in accordance with Section 4.4 below ' .(Based an the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1. S or 5.1.6 below.) § 4,2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Forty-Six Thousand Dollars and Zero Cents ($ 46,000.00 ), subject to additions and deletions as provided in the Contract Documents. ~ Base Bid '.., _.-. $46.000.00 § 4.2.2 The Stipulated Siun is based on the following alternates, tf any, which are described in the Contract Documents and are hereby accepted liy the Owner: (State the members or other-idennfica[ion of accepted alternates. If the bidding or proposal dacumentspermitthc Owner to accept other alternates subseguent to the execution of this Agreement, attach a sehedude ofsuch other alternates showing the amottritfor each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if anq;: . (Identify andstate the gryllprice, and state the guantiy [imttatiorts, ]Parry, to which the unit price will be applicable.) Item Units and Limitations § 4.2.4 Allowances included in the Stipulated Smn, if any: (Ideni~ allowance and state exclusions; iJ'arry, from the allowance price.) Item Allowance Price per Unit ($0.00) § 4.3 Cost of the Work Plua Contractor's Fee without a Guaranteed Maximum Pdce § 4.3.1 The Contract Sum is the Cost of the Work as deSned inExhibit A, Deternilnation of the Cost of the Work, plus the Contractor's Fee. ~ ' § 4.3.2 The Contractor's Fee: (State a lump sum, percentage ojCost of the Work or otherprovtsion for determining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3.4 Limitations, if any, on a Subcontractor's overhead and proSt for increases in the cost ogits portion ofthe Work: § 4.3.5 Rentai rates for Contractor•owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the protect. § 4.3.6 Unit prices, if any: {Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) AIA Pocumenk A732TM-2009 formerly A101 raCMa-7982). CopyrlBhl®7876,7980, 1982 end 2009 by The American institute ofgrahlle°la. All fights Init. reserved. WARNING: This AIA~ noeumonl le prolsclad by U.9. Copyrtght Law end Intematlonal Treaties. Vnauthortzed reproduction ordlalrlhullon of 4 this AlA°DOCUment, crony portion of lt, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent poealble under / the law. This document was produced by AIA sorhvare at 17:40:11 on 08/29/2012 antler Ober No.69D7429800 1 which expires on D1117l2013, end la not for resale. UserNotas: (1870097742) Item Unite and Limltatlana Price per Unit ($0.00) § 4,3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Detamlination of the Cost ofthe Work. § 4.4 Cost of the Wark plus Cantraetar's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost ofthe Woek, plus the Contractor's Fee. § 4.4.2 The Cortractor's Fee: (State a lump sum, percentage of Cost of the Work or otherprovision for determining the Contractor's Fee.) § 4,4.3 The method of ac}justment ofthe Contractor's Fee for changes in the Work: § 4,4.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost ofits portion ofthe Work: § 4.4.5 Rental rates for Contrac_ for-owned equipment shall not exceed percent ( %) ofthe standard rate paid at the place ofthe Project. § 4,4.5 Unit Prices, ifany:. (identify and state the rinitprice, and state the quantity limitations, ~'arry, to which the unit price will be appdtcable.) Item Units and Limitations Price per Unit ($0.00) § 4.4.7 Guaranteed Maximum PAce § 4.4,7.1 The sum oftlie Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Caritreot Documents as the Guaranteed Maximum Price, Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) § 4,4.7,2 The Guaranteed Maximum Price is based on the fol lowing alternates, If any, which are described in the Contract Documents and are hereby accepted by the Ownel•: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, ifany: (identify and state the ameunis of arty allowances, and state whether they include labor, materials, or both.) Item Allowance § 4.4.7,4 Assumptions, ifany, on which the Guarstltteed Maximum Price is based: AIA Document A732T"-20W formeny A101TM'CMa-1BB2i. Copydphl®1876,1080, 1892 end 20086y The American lnsBWle of Arohlleete. All rlOhle Inlt, reserved. WARNING; 7hla AIA Document is protected by U,e. Copyright Lawend Intamatlonal Treatlea. Unauthorized reproduction ordlatrlbutlon of this AIAa Document, or any portion of If, may resultln severe civil and eriminel penelllea, entl will 6e proaeculed to the maximum exlanl poealble under ) the law. This document was produced by AIA sollware et 11:40;11 on 08/28/2012 under Order No.500742BB00_1 which expires on 01!17/2013, and Is not for resale. User Nofea: (1070087742) ` ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Conraator, and upon certification of the Projeat Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Ownee shall make progress payments on account of the Conh•act Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month enditrg on the last day of the month, or as follows: § 5.1.9 Provided that an Application for Payment is received by the Construction Manager not later Phan the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fiiW day of the following month. If an Application for Payment is received by the Construction Manager after the application data fixed above, payment shall be made by the Owner not later than Thhty (30) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of fime.) § 5.1.4Progress Payments Where the Contract Sum Is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based an the most recent schedule of values submitted by the Contractor and approved 1n writing by the Conshuction Manager and Architect in accordance with the Contact Documents. The schedule ofvalues shall allocate the entire Contract Sum among the various portions of the Work and be prepared in surlt form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion ofthe Work as of the end of the period covered by the Appflcation for Payment. § 5.1.4.3SubjedtotheprovisionsoftheContractDocuments,theamountofeachprogresspaymentshal]becomputed as follows: .1 Take that portion of the Contract Sum properly allocable to cempleted Work as d~elmined 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 approved schedule of values, less retainege of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Seation 7.3.9 of the General Conditions, as modified; .2 Add that portion ofthe Contract Sum properly allocable to materials and equipment delivered and suitably stoeed at the site far subsequent incorporation in the completed conshuofion (or, if approved in writing in advance by the Owner, suitably stored offthe site at a locafion agreed upon in writing), less retainaga of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Construction Manager or Arohitect has withheld or nullified a Certificate for Payment as provided In Section 9.5 ofthe General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or ConsWCtion Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be frarther modified under the following _crrcumstances: ,1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95.00 %) of the Contract Sum, lass such amounts as the Construction Manager recommends end the Architect determines for incomplete or defective Work, or bath and unsettled claims; and AIA Document A132Ta - 2000 formsdy A701TaCMe -1002). CopydBhl 0,1875, 1080,1882 and 2008 by The Ameacen Insulate of ArohlteGa. All rights Inlt' reserved. WARNING; Thla AIA Document la proteotad by U.e. Copydght Lew end Intarnatlonal Treaties. Unauthodzod reproduction or dlstdbullon of thla AlA® Document, orany portion of It, may result In severe civil and cAminel panalliea, and will ha prosecuted W the maximum extant poaalble under ) the law. Thla documenlwas produced by AIA soawero at 11:40:17 on OOI29l2072 under Order No.5007426000 t which explrea on 01177#013, and Is nor for resale. Ueer Notes: (1070087742) .2 Add,iffinalcompletionoftheWOrkisthereaftermateriallydelayedtht•oughnofaultoftheContractor, any additional amounts payable In accordance with Section 9.10.3 of the Oeneml Condit[ons, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intenders prior to Substantial Completton of the entire WorlG to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisionsforsuch reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. § 5.1.4.6 A condition will ba included forbiddingmora retainage from a contractor rn• supplier than retained from their portion of the Work. § 5.1.5 Progress Payments Where the Contract Sum Is Based an the Cost of the Work without a Guaranteed Maximum Price § 5.1.5.1 With each Application far Payment, the Contractor shall submit the cost wntrol information required in Exhibit A, Determination ofthe Cost of the Work, along with payrolls, petty cash acwunts, receipted invoices ar invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account ofthe Cost of the Work equal or exceed (1) progress payments aheady received by the Contractor; less (2) that portion ofthose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period wvered by the Application for Payment and for which the Contractor has made or intends to make actual paymerit prior to the next Application for Payment. ~ § 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost ofthe Work as described in Exhibit A, Determination ofthe Cost ofthe Work; .2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in tllat Section; or if the Contractor's Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; ,3 Subtract retainage of percent ( °/a) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor h1 the doctmentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtract amounts, if ang for which the Construction Manager or Architecthas withheld ar withdrawn a Certificate for Payment as provided in Section 9.5 of AIA Document A232TSt 2009, Genera] Conditions of the Contract far Construction, Construction Manager as Adviser Edition. § 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 Itt taking action on the Contractor's Applications far Payment, the Construction Manager and Architect shall be entitled to rely on We accuracy and completeness of the information furnished by the Contractor and shall not be .deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or pritlimetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the .Construction Manager and Architect have made exhaustive orcontinuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors eating in the sole interest of the Owner. ( AIA Document A192TM-2008 formerly A707"'CMa-1992). COpydght®1976,1980, 1992 and 20096y The American lnatllute ofArohltecls. All rlghla Init. reservem. WARNING: Thle AIA Document Is protected by U.a. Copyright Law entl International Treaties. Unauthodzed reproduction or tllalrlbutlon of 7 this AlA Document, orany portion of lt, may reeultln severe civil entl cdminal penaltlea, and will be prosecuted to the maximum extent posalble antler t the law. TBls daamenlwae produced by AlA Software x111:40:77 on 0 9 /2872 012 under Ober No.b90742990g_l which expires on 01/17!2013, entl le not far resale. User Notes: (1970097742) § 5,1.5.5 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials. or equipment which have not bcen delivered and stored at the site. § 5.1.8 Progress Payments Where rho Contract Sum is Based on the Coat of the Work with a Guaranteed Maximum Pdce § 5.1,6,1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted . invoices or invoices with dteck vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Conhractor; less (2) that portion of those payments amibutable fo the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the ContractDocuments. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form end supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Constmctian Manager or Architect, shall be used as a basis for reviewing the Contractor's Applicaflons for Payment. § 5.1.5.3 Applicatidns fo'r Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work whlrAt has actually been completed; or (2) the percentage obtained by dividing (a) the expens6 that has act6ally been incurred by the Contractor on account of that portion of the Work for which the Contractor liar made br intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maxliuum Price allocated to that portion of the Work in the schedule of values. § 5.1:5.4_ Sttbjecf to .other provisions of the Contract Documents, the amount of each progress payment shall be compute"d as follows: ,1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work bythe share ofthe Guaranteed Ivhiximum Price allocated to that portien of the Work in the schedule of values. Pending final defermination of wst to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232-2009; .2 Add thatportion ofthe Guaranteed Maximum Price properly allocable to materials and equipment delivered end suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing;, .3 Add the Contpector's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that 13xed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .b Subtractretainage of percent ( %) from that portion ofthe Work that the Contractor self-performs; .5 Subtractthe aggregate of previous payments made by the Owner; .6 Subtre6t the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.): to substantiate prior Applications for Payment, or resulting fiom errors subsequently discovered by the Owner's auditors in such documentation; and rl . Subtract amounts, ifany, for which the Construction Manager oi' Architect havewithheld or nullified a Certificate for Payrnent as provided in Section 9.5 of AIA Dooument A232-2009. § 5,1.5.5 The Owner end the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subwntractors and (2) the percentage of retainege held on Subcontracts, and the Conhactor shall execute subcontracts in accordance with those agreements. § 5.1,5,5 fn taking action on the Contractor's Applicatiens for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not be deemed to represent thatthe Constmetion Manager or Architect have made a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Section 5.1.6.] or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used ameunts AIA Document Al J2'"- 20091formerly A101 r"CMe -1082). Copyrl9ht ®1975,1900,1992 and 2009 by The Amedcen lnalllute orArchllecta. All dghis Init. reserved. WARNING: Thla AIAb Document la protected by U.B. Copyright taw and International TraetleB. Unauthorized reproduction or diatdbutlon of 8 thla AIA° Document, orany portion of It, may result In severe civil and criminal panaltlea, and unit be proaeeutatl to lhemazlmumeztent poaslble under / the law. This tlacumenlwas produced by AlA eoflware et 11:40;71 on 0a/2BI2012 under Order N°.590742aB001whlch expires on Dt/17/2070, end la not for resale. User NOtea: (1070097742) previously paid on account ofthe Contract. Such examinations, audits and verifications, ifrequired by the Owner, wlll be performed by the Owner's auditors acting in the sole interest of the Owner. § 5,1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers far materials or equipment which Nave not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232--2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost ofthe Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; end .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such Snal payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Inltlal Decision Maker The Architect wUl serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 es modified, unless the pazdes appoint below another individual, not a pmty to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contactinformation of the Initial Decision Maker, if other than the Archttect.J § 6.2 Binding Dlaputa Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232--2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232 2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Confral;t Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contactot as provided in Article 14 of AIA Document A232-2009 as modified. § 7,1.2 The Work may be suspended by the Owna• as provided in Article 14 of AIA Document A232 2009 as modified. § 7.2 Where the Contract Sum la Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7:2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the dontraotor as provided in Article 14 of AIA Document A232-2009. § 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pity the Contractor an amount calculated as follows: ~ .1 Teke the Cost of the Work incurred by the Contractor to the date of termination; AIA Document A192T" -2008 `rformerly A707T"CMe -1982). CopyrlBht ®1875,1880, 7992 and 2008 by Tha Amadcen Institute aFArahllecla. All rlghta Inlt• raearve o. WARNING: This AIAb Document la protected by U.S. Copyrleht Lewantl Internaflonal Trestles. Unauthorized reproduction or tlletrlbutlon of 8 this AlA Document, or any portion oflt, may result In severe elvll end crlminal panaltlea, end will be proeecutetl tothe maximum extentpoaal6ls antler l the law. Thle dacumenlwee produeetl byAlA eollware et 11:40:11 on OeY2B/2012 under Order No.5B07428800 T which explrea on 01!17/2019, and le not for resale. User Notes: (1870097742) .2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4,4.2, as applicable, or, ifthe Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-stun Fea as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completiaal; and .3 Subtract the aggregate of previous payments made by the Owner. § 7.2.3Ifthe Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Woek with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232 2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIADocument A232--2009 shall not cause the Ouaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2. § 7,2.4 The Owher shal l also pay the Contractor fair compensation, either by purchase or eenial at the election of the Oll~iter, for'; any equipment owned bytha Contractor that the Owner elects to retain and that is not otherwise included in tle.Cost ofthe Workunder Section 7.2.1. To the extent thatthe Owner elects to take legal assignment of subcontracts ahd purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contactor under such subcontracts or purchase orders. § 7,2.5 The Work maybe suspended by the Owner as provided ht Article 14 of ATA Document A232-2009; in such case, the Contract Sum and Contract Tima shall be increased as provided in Section 14.3.2 of AIA Document A232 2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4.2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232 2009 as modified or another `Contract Document, thereference refers to that provision as amended or supplemented by other provisions ofthe Contract Docuritents. § 8,2 Payments duo and unpaid under the Contract shall bear interest from the date payment is due at the rate stated beloyp, or in the absence thereof, at the legal rate prevailing from time to time at the place wherethe Project is located. (Ipsert rate of interest agreed upon, lfarty,) 3/4 of 1% per month § .8.3 The Owner's representative: (Name, address and other informan'on) Keith Watts, Purchasing Manager CIty of Meridian Purchasing Department 33 7iast Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address u'nd other informaKon) Cheis Wessel Precision Steel & Gypsum, Inc. 274 NorUt Maple Grove, Suite 101 Boise, I.iltiho 83704 Telephone Number: 208-375-3166 Fax Number: 208-375-3172 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ton days written notice to the other party. INt. AIA Document A732Ta-20119 formerly A701T"CMa-1992). Gopyrlghl ap1975,1990, 1992 and 2009 by Tha American lnsllfule ofArohlEeaW, All dghle reaervad. WARNING: Thla AIA Document le protected by U.9. Copyright Law and International Traellee. Uneulhodze0 reprotlucticn ardlslrlbutlon of ,~~ this AIA° Document, or any porll°n or It, may result In severe civil and criminal penaltlaa, and will be proaecutad to the maximum extent posalhle under ) the law. Thla documentwes produced by AIA eoawero et 11:40:11 on Oal2Bl2012 antler Order No.6907429800 1 which expires on 01n7/2013, and Is not for resale. user NOlas: (ta70097742) § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9,1 The Contract Documents, except for Modifications issued after execution of this Agreement, arc enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132--2009 as modified, Standard Form of Agreement Between Ovnier end Contractor, Construction Manager as Adviser Edition. § 9.1.2 The G~iieral Conditions are, AIA Document A232-2009 as modified, General Conditions ofthe Contract for Consuuction,.Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Conanct: Document Title Date ExhibitA CoiitractDocumentSrlledule 8/23/2012 § 9,1.4 The Specifications: (Either list the Specificatiorrs lretre or refer to an exhibit attached to this Agreement.) Contract Document Schedule, ;xhibit A, dated August 23, 2012 (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here ar refer to an exhibit attached to this Agreement,) Contract Document Schedule; Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages One 8/10/2012 24 Two 8/17/2012 432 Pages Portions of Addenda relating to bidding eequirements are not part of the Contract Documents unless the bidding recjuiremellts are also enumemted in this Article 9. § -9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document A132TF1-2009, Exhibit A, Determination of the Cost of [he Work, if applicable. .2 AIA Documeht E201TM-20D7, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202TaL2008, Eutlding Information Modeling Protocol Exhibit, if completed, or the following: N/A ,4 Other documents, if any, listed below: (List here airy additional documents which are intended to form part of the Contract Documents. AIA DocumentA232-2009provides that biddingreguirements such as advertisement or irrvilation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part afthe CottlractDocuments unless enumerated in this Agreement. They should be listed here only j(intended to be part of the Contact Documents.) Init. AlA nocument A132""-2009 ~formarly A101'nCMa-1092). COpydphl®7875,7950, tE92 end 2009 by The American lnatltuta MArchitects. All rlghU reserved. WARNING: This AIA Document le proteeted by U.9. CopyrlehtLawand International 7raetlee. Uneulhodzed reproducaon or tllslrlbullon of 11 this AIA° noeument, or any portion of It, may result In severe sivll and odminal penalties, and will be preaeeuted to the maximum extent poealhla under i the Iaw.7hla dacumen[was produced by AIA soflwara et 11:40:11 on 0 912 51201 2 under Order No.69D74298DU 1 which axplroa on 01/17/2019, end Is not for regale. User NOtaa: (1970097742) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be pert of the Contract Documents. AI,9 Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AlA Document A232-2009 as modified Refer to Supplemental Conditions modifying AL1 Document A232-2009 for changes and additions to Article 11 "Lisurance and Bonds". Contractor is required to provide 100%Payment and Performance Bonds. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 ofAlA Document A232-2009.) Type of Insurance or Bond Llmlt of Liability or Bond Amount ($0.00) Tits Agreement is entered into as of the day and year first written above. ;OWNER (Signet CnONTRACTOR (S~ignCat(ure~) • A :Tammy de Weerd ,Mayor ( ~f it`ll ~.~7~CS_. ~~` (Printed name and title) rated name and Ntle) AIA DOaument A132TM-2009 formerly A701T"CMa-19921. COpydphim1975,1900, 1992 entl 2008 by The Amedcen lns0luta of Architects. All rights Init. reserved. WARNING: This AIA Document la protected by U.S. Copyright Law end International Treatise. Unauthodzed reprotluctlon or dlatrlbutlon of 12 this AIA® Document, or any portion of lt, may result In severe civil and arlminal penaltlea, and wlll6e proeecuted to the maximum extent possible under / the law. Thla document wee produced by AIA eoawera et 11:40:11 on 0812812012 under Order No.5907429900 1 which expires on 01/17/2013, end le not for regale. Ussr Notes: (1970097742) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) ~. Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12.021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer -Musgrove Engineering, P.A. Electrical Engineer- DC Engineering Civil Engineer- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER --Dated 7131/2012 A0.1 Cover5heet ARCHITECTURAL SITE PLAN -Dated 713112012 A1.0 Sile Plan A7.1 CIVIL -Dated 7130/2012 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan -Overall C2.1 C2.2 Grading &Dralnage Plen -Aron 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Site &Grading Details C4.1 C4.2 Irzlgallon Details C4.3 C4.4 Clty of Merldien Standard Details - 2 C5.0 C5.1 Stormwater Pollutlon Prevention Plan -2 LANDSCAPE -Dated 7131!2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2,1 Landscape Plan L3.0 L3.1 Irrigation Plan (dated 7lte12o12) L4.0 ARCHITECTURAL -Dated 7/31/2012 BLD-A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A A3.OA ReFleded Ceiling Plan A4.OA A5.OA Exterior Elevations AB.OA Meridian Parks & Recreation Malntenence Faclllty Page 1 012 Site Details Topographic & Control Survey Grading &Dralnage Plan -Area 1 Roadway Plan & Profile - E. Lanark St. Site Utlllty Plan Gravlly Irrigation Plan & Profile Site, Drainage, and Irrlgatlon Delalls City of Meridian Standard Details - 1 Stormwater Pollutlon Prevention Plan -1 Landscape Plan Landscape Plan (dated 711812012) Irrigation Details (dated 7/7812072) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 A8.1A Wall Sections A8.2A Wa0 Sectlona / Details A7.OA Interior Elevations /Details A5.0 DoorlWlndow Schedule & Detefls Ag.O Details/Energy Complianco BLD - B A2.OB Floor/Roof Plans A3.OB Exterior Elevations BLD-C A2.OC FIooNRoof Plans A3.OC Exlerlor Elevaflons /Sectlona A3.1C Wall Secgons !Details BLD - D A2.OD FIooNRoofPlans A3.OD EMedorElevatianslSections STRUCTURAL-Dated 7/31!2992 51.0 Structural General Notes S1.1 Special Inspections S2.OA Foundation Plan Bld A 52.00 Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Freming Plan Bld D S3.OA Roof Fmming Plen Bld A S4.0 Structural Details -Foundation S5.0 Structural Details-Framing MECHANICAL-Dated 7/30!2092 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 IiVACPIen-MalnBuilding M7.7 HVACPIan-BuIldingC M2.0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7!30/2092 P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -euilding C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL-Dated 7/30/2072 E0.0 Electrical Cover Sheet E0.1 Site Electrical Plan E0.2 Electrical Roof Plan E1.0 Power Plen - Bullding A E1.1 Power Plans -Building B, C, & D E2.0 Lighting Plan -Building A E2.1 Lighting Plans -Building B, C, & D E3.0 One Llne Diagram end Penal Schedules E4.0 Ligh(Ing Controls & Compliance Merldlan Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 °•~ ~ Document A132TN - 2009 Standard Form of Agreement Between Owner and Contractor, construction Manager as Adviser Edition Bid Package No. 12-Aluminum Framed Entrances and Storefronts ADDITIONS AND DELETIONS: AGREEMENT m_ ode as of the Twenty-Forth day of August in the year Two Thousand The author of 81is document has Twelve added Informatlon needed for Its (Zn Words, indteate day, month and year.) completlon. The author may also have revised the IeM o11ha original BETWEEN the Owner: AIA standard form. An Additions and (Name, legal status, address and other information) Deletions Report that nolea added ~' information as well as revisions to the City of Meridian standard form text is available from 33 East Broad Way Avenue - the author end should ba reviewed. A Meridian, Idaho 83642 ~ ~ vertical Ilne in the left margin offhls document indicates where the author and the Contractor: has added necessary Informatlon (Name, legal status, address and other information) and where the author has added to ar deleted from the original AlA text. Custom Olass, Inc. This document has Important legal 254 Loop Street ~ consequences, Coneullatlon with an Caldwell, Idaho 83605 aftorney is encouraged with respect Telephone Number: 208-454_-0340 to Its completlon or modlncatlon. Fax Number: 208-454-0391 Thls documeritls intended to be used ' for the following Project: ~ In conlunctlon with AIA Documents *"" (Name, location and detailed description) A232 -2009, General Conditions of the Conhacifor Construction, Construction Manager as Adviser Meridian Parks & Recreation Maintenance Facility Edalon; et32*'^-loos, standard 1700 East Lanark Street Form of Agreement eetween owner Meridian, Idaho 83642 end Architect, Construcgon Manager as Advisor Ediflon; end The Construction Manager: C132Ta-2000, Standard Form of (Name, legal status, address and other information) Agreement Between Owner and Canslructlon Manager as Adviser. I{reizenbeck, LLC DBA I{reizenbeck Constructors, AIA Document A232Ta-2008 Is 11724 West Executive Drive adopted In this document by Boise, Idaho 83713 reference. Do not use with other Telephone Number: (208) 336-9500 general conditions unless this Fax Number: (208) 336-7444 document Is modified, The Architect: (Name, legal status; address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephote 1Vuiriber: (208) 338-9080 The Owner and Contractor agree as follows. AIA Document A132Ta- 2008 `formerly A751TMCMa-1992). Copydghl ®1975, 1990,1862 end 2500 by The American Ina0lute of Arohilecle. All rights Inlt, reserved. WARNING: This AIA® Document Is protected by U.3. CopydBht Lew end International Trestles, Unauthodzetl reproduction or tliatrlbutlon of ~ thla AIA° Document, orany ponlon of 14 may result In severe civil antl erlminal penaltlea, end will be prosecuted to the maximum extant possible antler / the law. Thla tlocumenl was produced by AlA Software 0111:39:01 on 08/2612012 under Ordx No.5957429e50_t which expires on 01/17/2513, and la notfor resale. User Nolea: (1433621066) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 0 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUM ENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Co'ritract Documents consist of this Ageement, Conditions ofthe Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution ofthis Ageement, other documents listed in this Ageement and Modifications issued after execution of this Ageement, all of which form the Contract, and m•e as fully a part of the Contract as if attached to this Ageemant ar repeated herein. The Contract represents the enfhe and Integated ageement between the parties hereto and supersedes prior negotiations, representations or ageements, either written or orah An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Conteactor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the ContractDocuments to be the responsibility of others. Bid Requirements: Provide nll labor, material and equipment to completo the work of furnishing and installing complete Aluminum Framed Entrances, ISberglass Windows and Glazing as noted in the construction documents and per the following: Division 1- General Requirements Section 079200 -Joint Sealants** Section 084213 -Aluminwn-Framed Entrances Section 085200 -Wood Windows Sectlon 085413 - FiberglessRrindows Section 08800D -Glazing ** As applicable to Oils scope ofwork This contract spoclfically includes but is not llmitad to: • Fmnish~end install glass and accessories to complete all glazing in accordance with construction documents. • Furnish and install Aluminum framed enhances doors and frames complete in accordance with the Conshuction documents. Fuunish and install all fiberg]ass window systems in accordance with the construction documents. • Provide Shims and blocking as required, • Furnish and install all metal fleshings associated with this work package fox a complete water tight installation. This includes sill flashing atwindows. • Furnish and install aluminum entrances hardware as indicated in section 084213. Coordinate, prep and imtall all hardware indicated in section 087100 for aluminum framed enhance doors. (I3ardwa<e from section 087100 furnished by others). • Provide caulking of all exterior aluminum framed entrances end fiberglass windows (Inside and outside) to adjace~ Inlt. AIA Document A192"'-2909formerly A1011eCMe-1992).Copyrlghl®7675,1890, 1982 and 2oDa by The Amerlcen lna9tula of Archlleola. All dahte reservetl.WARNING:ThIaAIA Document is protected byU.S.CapydahtLawendlnternetlonalTreatles.Uneulhodxadraproduallonordlatdbutlonof $ thla AIA• Document, crony partlon of a,may reauft In severe clvll and crlminel penaltlea, antlwlll he prosacutetl to the maxlmumextant poaelhle under r the law. Thla tlacument was produeetl by AIA software et 11:39:01 on 09/28/2012 under Order No.590742e900 1 whlGl axplrea on 0711712013, end la notfor resale. Ucer Notes: (1433921099) • Final adjustment of doors, as necessary to meet approval of owner, architect and Conshuction manager. • Monitor and adjust frames es necessary during consuuction to maintain plumb and level. • Scope of the work remains the same for ell buildings identified in the constmGion documents. • Scope of work for alternates remains the same as base bid. (as appltcable) • Furrrish and install wood windows a9 indicated by [he constmction documents. This contract speeificafiy excludes: • Stainless steel wrapped mirror units. • FurnishingDoor hardware specified in section 08710D. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3,9 The date of commencement of the Work shall bathe date of this Agreement unless a different date is stated below or provision is made for the date to ba fixed in a notice to proceed issued by the Owner. (Insert the date bfcommencement, ifit djlfersfrorn the date of thrsAgreement or, (applicable, state lhat the date will be fixed in d notice to proceed.) The commencement date will be fixed in a notice to proceed. lf, prior to the commencement of the Work, the Owner requires Ume to file mortgages, mechanics' liens and other security interests, the'Owner's time requirement shall be as follows; § 3.2 The Contract Time shall be measured from the date of commencement § 3.3 The Contrdctor.shall aoliieve Substantial Completion of the entire Work not later than ( )days from the date of commencement, tir as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. 7fappropriate, insert requirements for earlier SubstanBa[ Completion of certain portions of the Work) The Contractor shall achieve Substantial Completion of the entire Work not Later than May 30, 2013. (Cable deleted) subject to adjustments ofthis Contract Time as provided in the Contract Documents. (Insertprovtsions, {j'any, for liquidated damages relating tofailure to achieve Substantial Completion on Time orfor bonus payments for early completion of the Work) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Tima, the Contraotor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.OD) ar Y,% of the Contract Value (whichever is greeter) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Tima. ARTICLE 4 CONTRACT SUM § 4.9 The Owner shall pay the Contractor the Contract Sum ]n current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance wilt Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 43 below AIA Document A132T"-2aW formerly A7a9TMCMa-9992). COpydght®7976,9980, 1992 and 2009 by The American lnslllule alArohllecls. All rlghla Init. reserved. WARNING: Thta AIA Document Is proteeted by 11.3, Copyright Law and International Trestles. Unauthodzed reproduetlon or dleldbullon of lhla AIA® Document.orany portion of It, may result In severe civil and cdminal penalties, and will he preaecuted [o the maximum extent posalhle under 1 the law. Thla documenlwes produced by AlA SOaware at 11:39:01 on 0812812012 under Order NO.5907429000_i which expires on 0111712013, end le nol for roeele. Ueer NOtae: (1493821066) [ ] Cost ofthe Work plus the Contractor's Fee whit a Guaranteed Maximum Price, in accordance with t Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below) § 4.2 Stipulated Sum § 4,2.7 The Stipulated Sum shall be Thirty-Five TJtousand Three Hundred Ten Dollars and Zero Cents ($ 35,310.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2,2 The Stipulated Sum is based on dte 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 the bidding or proposal documents permi! the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) M/A § :4.2.3 Unit prices, if any: (Identify andstate the unitprice, andstate the quantity limitations, ifarry, to which the unitprice will be applicable.) Item Units and Limitations Prlee pee Unlt ($0.00) § 4.2.4 Allowances included In the Stipulated Sum, if any: (Ident~ allowance and state exclusions, ifarry, from the allowance price.) Item Allowance § 4,3 Cost of the Work Plus Contracor's Fee wltitout a Guaranteed Maximum Price §'4.3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination ofthe Cost of the Work, plus the Contractor's Fee. § 4.3.2 The Contracror's Fee: (State a lump sum, percentage of Cost of the Work ar other provision for determining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3,4 Litititations, if any, on a Subcontractor's overhead and profit for increases in the cost ofits portion of the Work: § 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project. § 4.3.6 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) / Item Units and Llmltalions Price per Unlt ($0,00) 1 AIA Document Al a2TM-20081ronnerty A107TYCMa-1982). eopyrlght®7976,1900, 1892 and 20D9 by The Amerlean lna0lute of Archllects. All rlghta Init. reserved. WARNING: This AIA` Document Is protected by U.S, Copyrtght Law end Intarnallonal Treatlee. Unauthortzad reproduction or distdbution of 4 this AIA® Document, or any portion of It, may result In severe civil end criminal psnaltlea, and will be prosseutetl to the maximum extent possible under i the law. TAIa documentwae produced by AIA s°flware et 11:38:01 on 00!20/2012 under Order No.9907420900 1 which expires on 01/17/2D13, and Is not for resale. User Notes: (1433921009) § 4,3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. Ttte Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work. § 4A Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum, Price § 4.4,7 The Contract Sum is the Cost ofthe Work as defined in)i,7dtibit A, Determination of the Cost ofthe Work, plus the Contractor's Fee. §'.4,4,2 The Contractor's Fee: (State a lump sum, percentage of Cost ofthe Work or other provision for determining the Contractor's Fee.) § 4,4.3 The method of adjustment ofthe Contractor's Fee for changes in the Work: § 4.4.4 Limitations, ifany, on a Subcontractor's overhead and profit fir increases in the cost of Its potKlon of the Work: § 4,4.5 Rental rates for Contractorownedaquipment shat I not exceed percent ( %) of the standard rate paid at the place of the Project. § 4.4.5 Unit Prices, ifany: (Identify and state the unit price, and state the quantity limitations, 'any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.A.7 Guaranteed Maximum Pdce § 4.4.7.1 The sum of the Cost of the Work and the Contraaor's Fee is guazairteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Gtuuanteed Maximum Price, Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions tf the Contractor is to participate in any savings.) § 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Ownee: § 4.4.7.3 Allowagc8s included in the Guaranteed Maximum Price, if any: (Identify and state the amounts of arty allowances, and state whether they include labor, materials, or both.) Item Allowance § 4.4.7.4 Assumptions, ifany, on which the Guaranteed Maximum Price is based: AIA Document A132T"-2008 iormady A101 r"CMe-18821. CopydBht®1875, Init. reserved. WARNING: Thla AIA Document Is protectetl by U.e. Copyright Lar this AIA® Document, or any portion of it, may result In severe civil and crlmin~ i the law. This document was produced hyAlA ecilware at 17:38:07 on 0 812 812 01 2 resale. User Nokes: 1082 and 2008 by The American InsUWte oFArchltecls. All rights Internallonal Treatise. Unauthodzed reproduction or dlalrlbutl°n aF 5 alms, and will be prosecuted to the maximum extent possible under Order No.bB07428800 7 whioh expires on 01/17/2073, end Is not for (1433621888) ARTICLE 5 PAYMENTS § 5,1_P..rpgresa Payments §' 5,1.1 Based upon Applications for Payment properly submitted to the Construcfion Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Gtirtif cafe for Payment by the Construction Manager and Architeat and issuance by the Architeat, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the CtfntiBCt Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1,3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a mondy the Owner shall make payment ofthe certified amount in the Application for Payment to Ore Contractor not later than the Ztventy-fiRh 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. (Federad, state or local laws may require payment within a certain period of Nme.) § $,1.4 progress Payments Where the Contract Sum la Baaed on a Stipulated Sum 5.1.4,1 Each Application for Payment shall 6e based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule ofvalues shall allocate the entire Contract Sum among the various portions oftha Wark and be prepared in such form and supported by such data to substantiate its accuracy es the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by dre Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall showthe percentage ofcompletion ofeach portion ofthe Work as ofthe end of the period covered by the Application for Payment. § $.1.4,3SubjedtotheprovisionsoftheContractDocuments,theamountofeachprogresspaymentshal]becomputed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Wark as determined by multiplying the percentage completion ofeach portion of the Work by the share of the total Contract Sum allocated to that portion of the Work )n the approved schedule of values, less retainage of Five percent (5.00 %). Pending final detetTninatien of cost to the Owner of changes in the Work, amounts not in d{spate miry be included as provided in Section 7.3.9 ofthe General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site far subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggiegate of previous payments made by the Owner; .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, as modified; and .5 Subtraat amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4A The progress payment amount determined irr accordance with Section 5.1.43 shall ba further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to Increase the total payments to Ninety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, iffinal completion of the Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9,10.3 of the General Conditions, as modified. AIA Ooeument A732TM- 20081fannedy A101 TMCMa-19921. Copyright ®1975, 19aD, 7892 end 20DB by The American InsllWle of Architects. All rlghte Init. reserved. WARNING: This AIAb Oecumenf Is protected by U.S. Copyright Law and Intemallonal Trestles. Unauthorized reproduction ordlatrlbutlon of thle AIA® Document, orany portion of It, may result In severe civil entl criminal penaltlee, and will be prosecuted to Ina maximum extant poealhla under y the law. Thla document was produced byAlA soawere at 11:39:117 on 0512812012 under Order No.5B07429800_1 which expires on 01!1712019, end la not for resets. Uaer NOtea: (7633827085) § 5.1.4,5 Reduction or limitation of retainage, ifany, shall be as follows: (If It Is Intended, prior to Substantial Completion ojthe entire Wor1~ to reduce or limit the retainage resulttngfrorn the percentages Inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this Is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or dimitation.) No reduction 1n retainage will be allowed prior to final completion without written approval of the Owner. § 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion of the Work. §:5,1.5 Progress. Paymen__ts Where the Contract Sum Is Based an the Cost of the Work without a Guaranteed Maximum Prig § 5.1,5,1 With'each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, :Deteimination of the Cost of the Work, slang with payrolls, petty cash accclmts, receipted invoices or invoices with check vouchers~attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Conhactor on account ofthe Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that porfion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5,1.5,2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the and oftha period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Woek as described in Exhibit A, Determination of the Cost ofthe Work; ,2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Contractor's Fee is stated as a fared sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtrailthe shortfall, ifany, Indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered bythe Owner's auditors in such documentation; and .6 Subtract amounts, ifany, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AlA Document A232t"r-2009, General Conditions of the Contrail for Construction, Construction Manager as Adviser Edition. § 5.1.5.4 Tha Owner, Constructicn Manager and Contractor shall agree upon (1) s mutually acceptable procedure for review end approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Conteactor shall execute subcontracts in accordance with those agreements. § 5.1,5,5 Tn taking action on the Conteailor's Applications for Payment, the Construction Manager and Architect shall ba entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not ba deemed to represent that the Construction Manager and Architect have made a detailed examination, auditor arithmetic veriflaetion of the documentation submitted h1 accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-sits 6rspections; or that the Construation Manager and Architect have made examinations to ascertain haw or for what purposes the Contractor has used amounts previously paid on account ofthe Contract. Such examinations, audits and verifications, ifrequired by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers far materials or equipment which have not been delivered and stored atthe site. AIA Document A132TM- 20DB Formerly A101 TMCMa- 9902). Cepyrl0ht ®1875,1880, 1892 end 2008 by The Amedcan Insfllule of NcNfecle. All d9hte Init. reserve®. WARNING: Thla AIAt Dacumant Is protected by U.O. Copydght Lew end Intarnatlonal Treatise. Uneuthodzad reproduction ordlanlbutlon of ~ this AIA Documenk. crony portion of It, may result In severe elvll end criminal penalties, and will ho prosecuted to the maximum extent posel6le under I the law. Thlsdocumentwes produced byAA eoflwere e111;3B:01 on 0812012012 undarOrdar No.6907420B00 iwhlch expires on 01/17/2013, and is notfer resale. User Notes: (1433821088) § 5.1.6 Progress Payments Where the Contract Sum Is Based on the Coat of the Work with a Guaranteed Maximum Price § 5,1.6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; lass (2) that portion ofthose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.6.2 Each Application for Payment shall be based on the most recent schedule ofvalues submitted by the Contractor in accordanca'wlth the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Wm~k and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Gonstruction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expensethat has actually been incurred by the Contractor on account of that portion of the Work far which the Contraotar has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5:1,6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share ofthe Guaranteed Maximum Price allocated to that portion of the Work h7 the schedule of values. Pending Snal determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AlA Document A232-2009; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site fox subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at s location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self performs; ,5 Subtract the aggregate of previous payments made by the Owner; ,6 Subtract the shortfall, if any, indicated by the Conhactor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate for 1?ayment as provided in Section 9.5 of AIA Document A232 2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure far review and approval of payments to Suboontractoes and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontragtsin accordance with those agreements. § 5,1,6,6 Tn taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and wmplateness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, auditor arithmetic verification ofthe documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account ofthe Contract. Such examinations, audits and verifications, ifrequired by the Owner, will be perfrn•med by the Owner's auditors acting in the sole interest of the Owner. AIA Document A132Te - 21109 `rformerly A701""CMa -19921. Copyright ®7875,1900,1892 and 2008 by The American Insatuta of Archllecfa. All rights Init. reserved. WARNING: This AIAb Document Is protected by U.S. CopydBht Lawand International Treatlea. Unauthorized raprotluction or dlatrlhutlon of thla AIAe Dosumant, or any portlen of It, may result In severe civil and criminal penaltlea, and will ha prosecuted fo the maximum extant possible antler / the taw. This tlocument was produced by AIA software at 11:38:01 on 00!29/2072 under Order No,5907429800 1 which explrea on 01/17/2013, antl le not for reaela. User NOlss: (1433021000) § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments [o suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance ofthe Contract Sum, shall be made by the Owner to the Conhactor when .1 Ote Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document 8232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractar has submitted a final accounting for the Cost ofthe Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment Is on the bests of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document 8232-2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact iryformation of the Initial Decision Maker (l' other than the Architect.) § 8.2Blnding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document 8232--2009 as modified, the method ofbinding disputeresolu6on shall be as follows: ,... (Check the appropriate box. If the Owner and Contractor do notselect a method of binding dfspttte resolution below, or da not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litlgalian in a court afcompetentjurisdiction.) [ ] Arbitration pmsuentto Section 15.4 ofATA DocumentA232--2009. [ X ] Litigation in a court of competent Jurisdiction, [ ] other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum Is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document 8232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document 8232 2009 as modified. § 7.2 Where the Contract Sum Is Based on the Cost of the Wark with or without a Guaranteed Maximum Price § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or Ore Contmefoi• as provided in Article 14 of AIA Dooument 8232 2009. § 7.2,2 The Contract may be terminated by the Ovmer for cause as provided in Article 14 of AIA Document 8232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contraotor's Fee computed upon the Cost of the Work to the date of termination at the rate stated In Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an AIA Document A732T"-2008 formerly A701T•CMe-7892). CopyrlAht®1875,1980, 1892 end 2008 by The American NeOtule ofArchltacis. All riBhG Imt• reserved. WARNING: This AIA Document le protected by U.a. CopyrlAht Lawand International Treatlea. Unauthodzed reproduction or dlatrlbutlon of this AIAm Doeumenl, or any portlon of It, may reeult In eevera elvll end criminal panellise, end will ba proaecutetl to the maximum extent posalble under / the law. TM1Is documentwas protlueetl by AlA eoflwaro e111:38:07 on 08/28!2012 under Ortler No.5B07420000 1 which aapirae on 01!17/2013, end le not far resale. UaerNotea: (1433021000) amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the lima of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. § 7.2,3Ifthe Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIADocument A232--2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7,2.2. § 7.2.4 The Owner shall also pay the Contractoe fair compensation, either by purchase or rental at the election of the Owner, for any equtpmenf owned by the Contractor that the Owner elects [o retain and that is not otherwise included in the Cost ofthe Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such slibGpntracts slid other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits ofthe Contractor under such subcontracts or purchase orders. § 7,2.5 Tha Work may be suspended by the Owner as provided in Article 14 of AiA Document A232-2009; in such case, the "Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A23~2009, tizceptthat the term 'profit' shell be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4.2 ofthis Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to s provision ofAIA Document A232-2009 as modified or another ContrttGt Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract'Documents. § 8.2 Payments flue and unpaid under the Contract shall bear interest from the data payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing firm time to time at the place where the Project is located. (Insert rate ofinierestagreedupon, ifarry.) 3/4 oft°/a par month § B.3 The Owner's representative: (Name, address and other information) Keith Watts, ]?iurAlasing Manager City of Meridian Purchaslri~ Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8,4111e Contractor's representative: (Nq)i1e, address and other information) Sheldon Morgan Custom Glass, Inc. 254 Loop Street Caldwell, Idaho 83605 Telephone Number: 208-454-0340 Fax Number: 208-454-0391 § 8,5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: Intl. AIA DOOUmant A132ra-2009 ~farmedy A701*"CMa-1982). Copyrl9h101976,1000, 7982 end 2000 by The Amedcen lnslilule ofArahlteols. Ail rights reserved. WARNING: Thla AIA Document le protected by U.9. Copyright Law end International Treatise. Unauthodzed reproduction ordlstdhullon of 10 this AIAe Document, or any portion of It, may result In savors elvll end criminal penaltlae, end will be prosecuted to the maximum extent possible under ! the law. This document was produced by AIA software at 11:39:01 on O912a12012 under Ordsr No.5807429900_1 which expires an 01/17/2x13, and is not For resale. User Notes: (1433621066) ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.7 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132 2009 as modified, Standard Form of Agreement Between Owner and Contractor, Conshuction Manager as Adviser Edition. § 9,1.2113a General Conditions are, AIA Document A232 2009 as modified, General Conditions of the Contract for Conslructiori, Constructioq Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: 'Document Tltlo Date ExhibitA Contract Document Schedule 8/23/2012 § 9,1.4 The Specifications: (Either list the Specifications here or refer to an exhibit anached to this Agreement) Contract Document Schedule, Exhibit A, dated Angus[ 23, 2012 ~ (Table deleted) § 8.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit nttached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Doouments unless the bidding requirements are also enumerated in this Article 9. § 9,1.7 Additional documefts, lfany, forming part ofthe Contract Documents are: .1 AIA DocumentA132TM 2009, Exhibit A, Detel•mination ofthe Cost ofthe Worly if applicable. .2 ATA Document E201T!'~2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .9 AIA Document E202T"r 2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (List here arty additional documents which are intended to form part of the Contract Documents. AIA Documem A232--2009 provides 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 par[ of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Inshucticns to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA nocument A132*a- 2009 !rformerly A107 TMCMa-1992). Copyright ®1975,1980,1982 and 2009 by The Amerloen InsdWle oFArohlleols. All Agate Init. reserved. WARNING: This plAb nocument Is proteoted by U.a. Gapydght Law and Intarnatlonal Trestles, Unauthonzed reproduction or dlstrl6utlon of 11 this AIA° nocument, or any portion of It, may result In aevera civil and adminal penaltlea, and will be prosecuted to the mazlmum extent poaslble under i the law. This document wayproduced byAlASOaware a111:39:01 on Oal29tZ012 under Order No.bBO742a90B 1 which e,grlres on 01/17/2019, and Is notfor resale. User Notes: (1433921099) AU1 Document A232-2009 General Conditions ARTICLE 70 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Condifians modifying AIA Document A232-2009 for changes ar1d additions to Article 11 "Insurutce and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State bonding requirements, if arty, and limits of liability for insurance required in Article 11 ofA/A Document A232-2009.f Type of Insurance or Bond Llmit of Llablllly or Bond Amount ($0.00) This Agreement is entered into'. as of the day and year first written above. r r~ OWNER (Si da ) :Tammy de Weerd ,Mayor (Printed name and title) Inlt. AIA Document A132TM-2008 ~formedy A707 TMCMa-1892). CopydOht®1976,7880, 1882 antl 2008 by The Amerlcen lnsBWte of Architects. All dghte reserved. WARNING: 7hla AIA Document la protected by U.S. Copyright Lew and International Treatlea. Uneuthorizetl reproduction or tllatrlbutlon of f 2 this AIA® Document, orany poRlon of It, may result in aevare civil antl crlminal panaltlea, and will ba prosecuted to the maximum extant poeslble under i the law. This documentwas produced by AIA software et 17:38:01 on 08/28/2012 under Order Na,5907428800_7 which explrea on 01n7/2013, end la net for reBBl9. Uear NOtea: (1433621088) A0.1A Wall Sectlons A8.2A Wall Sectlons! Details A7.OA Intericr Elevations I Details AS.O DoorNVlndow Schedule & Details Ag.O Details/Energy Compliance BLD - B A2.OB Floor/Roof Plans A3.08 Exterior Elevations BLD - C A2.OC Floor/Roof Plans A3.OC Exterior Elevations /Sections A3.1C Wall Sectlons /Detalls BLD - D A2.OD FloorlRoof Plans A3,OD Exterior Elevafons 1 Sections STRUCTURAL -Dated 7/31/2012 S1.0 Structural General Notes S1.1 Special Inspections S2.OA Foundation Plen Bld A S2.OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation I Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Detalls -Foundation S5.0 StructurelDetalls-Framing MECHANICAL -Dated 7/30/2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVAC Plan -Main BWlding M1.1 HVAC Plan - Bullding C M2.0 HVAC Details M3.0 HVAC Schedules PLUMBIN G- Dated 7/30/2012 P1.0 Plumbing Plan - Bullding A P1.1 Plumbing Plan -Building C P2.0 Plumbing Detalls P3.0 Plumbing Schedules ELECTRICAL -Dated 7/30/2D12 E0.0 Electdcal Cover Sheet E0.1 Site Electrical Plan E0.2 Electrical Roof Plan E1.0 Power Plan -Building A E1.7 Power Plans -Building B, C, & D E2.0 Lighting Plan -Building A E2.1 Lighting Plans -Building B, C, & D E3.0 One Line Diagram end Panel Schedules E4,0 Lighting Controls & Compliance Meridian Parka & Recreetlon Maintenance Faclllly Augus123, 2012 Page 2 of 2 c" ~ _~ •~y° IA Document A~32rN - 2009 Standard Form of Agreement Between Ownerand Contractor, construction Manageras Adviser Edifion Bld Package No. 19 -Sectional Overhead Doors AGREEMENT made as of the Twenty-Forth day of August in the year Two Thousand Twelve (In words, indicate day, month and year) BETWEEN the Owner': . (Name, regal status, address and other information) City ofMeridian 33 East Broadway Avenue Meridian, Idaho 83G42 and the Contractor: - (Name, legal status, ar~dress and other information) Crawford Door Sales of Idaho 4951 Bradley Street, Suite B Boise, Idaho 83714 Telephone Number: 208-375-6410 FaxNtunber; 208-375-6474 for the following Project: (Name, location and detailed description) Meridian Patks & Recreation Maintenance Facility 1700 East Lanark Street Meridian,`Idaho 83642 The Construction Manager: (Nmne, legal status, address and other information) I{reizenbeck, LLC DBA ICreizenbeak Constructors, 11724 West Executive Drive Boise, Idaho 83713 Telephone Number: (208)336_-9500 Fax Number: (208) 336.7444 The Architect: (Name, legal status, address and other information) Insight Alrohitects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338.9080 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion. The aulhof may also have revised the text of the odglnal AIA standard form. An Additions and Deletions Report Ihat notes added Information as wet! as revisions to the standard form text Is available from the author and should be reviewed. A vertical Ilne In the left margin of Ihls document Indicates where the author has added necessary informallon and where the author has added to or deleted from the odglnal AIA text. This document has Important legal consequences. Cansullatlon with an attorney Is encouragetl with respect to Its completion or modtflcatlon. This document Is intended to be used In conlunctlon with AIA Documents A232T^'-2009, General Conditions of the Contract for Consfructlon, Construction Manageras Adviser Edition; B732Ta-2009, Standard Farm afAgreemenl Between Ownef and Architect, ConsirUCllon Manager as Adviser Edition; and Ct32n^-2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232*n-2009 Ia adopted In this document by reference. Do not use with other general conditions unless this document Is modlaed. AIA Document A732TM- 20091formerly A101TeGMe -1992J, CapyrlgM ®1975,1990,1992 end 2009 by The Amerlaen Ina0lute of ArchlleGa. All rights Intl. reserved. WARNING: Thla AIA` Document Is protected by U.S. Copyright Law and Inlernatlonal 7reellae. Unaulhortzed reprotluallon or dlslrlbutlon of thla AIAa Document, or any portion of It, may result In severe civil and arlminal penalliae, and will be proaeeutatl to the maximum extant posel6le under t the law. Thla documentwae producetl by AIA software at 11:13:06 on OeP18/2012 under Order No.5907429800 1 which expires on 01/17/2073, antl le not for resale. User Nolae: (1299906319) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 9 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6, DISPUTE RESOLUTION TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 . THE CONTRACT DOCUMENTS The Conhaot Documents consist of this Agreement, Conditions of the COntCBCt (General, Supplementary and other Conditions), ]aratvings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution ofthis Agreement, aU of whioh farm the Contract, and are as fully &'part of the Contract as if attached to this Agrcement or repeated herein. The Contract represents the entire and integeated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, eit}rer wrirten or oral. tin enumeration ofthe Contract Documents, outer than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Requirements: Provide all labor, matea~al and equipment to complete work of furnishing and lnsta]ling Sectional Overhead Doors and hardware as noted th the construction documents and per the following: Division 1-. (ienerel Requirements Section 07920() -Joint Sealants*' Section 083613 -Sectional Doors F * As~elrpliceble fo this scope of work This contract specifically includes but is not limited to: • Furnish and install all overhead sectional doors with assoalated hardware in accordance with construction documenis. This includes insulated liras within the secNanal door panel. • Provide all anohors, fasteners and connectors to install complete and operable sectional overhead doors. • Final adjustment of doors as necessary to meet approval of Owner, Architect & Construction Manager. • Caulking as associated with your work. • Scope of the work remains the same for all buildings identified in the wnsimction documents. • Scope of work for alternates remains the same es base bid (as applicable) This contract specifically excludes: • Pre-engineered metal building sectional doors, ARTICLE 3 DATE OF COMMENCEMENT AND 3UBSTANTIAL COMPLETION § 9.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made far the date to be fixed In a notice to proceed issued by the Owner. AIA Dooument A432*"-299B formerly A701 *^'CMa- 4992). Capyrlghl®1976,1980, 1992 and 2009 by The American Inslllute ofArchilecls. All rights Init. reasrvatl. WARNING: Thla AIA` Document Is protectatl by U,S. Copyright Law and Internallonal Trestles. Unauthoazetl reprotluctlon or dlalrlbutlon of this AIA® Document, or any portion of If, may result In severe civil end criminal penaltl•s, and will be prosecuted to the maximum extant possible antler / the law. This docum~ntwas produced byAlA software a111:13:OB On 08!28/2072 under Order Nob9g7A2BB00_l which axplrea on 01/17/2013, end la nolfor resale. User NOtee: (1296900318) (Insert the dat¢ ofcommencerent, ifit dyers from the date of thtsAgreement or, :fapplicable, state that the date will be fried in a notice to proceed) The commencement date will be 5xed in a notice to proceed. If, prior to the wmmencement of the Work, the Owner requires lima to file mortgages, mechanics' Dens and other security interests, the Owner's time requirement shall be as follows: § 3,2 The Contract Time shall be measured from the data ofcommencement. § :3.3 The Contractor shall achieve Substantial Completion ofthe entire Worknot later than ( )days from the date of aommenceittent, ar as follows: (Insert nainbei• ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of oornmencement. Ifapproprtate, insert requirements for earlier Substantial Completion of certain portions ofthe Work)' The Contractor shall achieve Substantial Completion of the entire Work not later then May 30, 2013. (Table deleted) subject to adjtisbtients of this Contract Time as provided in the Contract Documents. (insert provlsinnx ifany, for liquidated damages relating to failure to achieve Substantial Completion on time orfor• bonus payments faY early completion of the Work.) In the event the Contractor, without exouse, fails to achieve Substantial Completion within the Contract Tima, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or %,°l' ofthe Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Tirge ttptil Substantial Completion is achieved; provided that the Contractor shall not be liable for Nquidated damages for a day, or days of the excusable delay occurring during such period following the end ofthe Contract Time. ARTICLE 4 CONTRACT SUM § 4,1 The Owner shall pay the Contractor the Contract Sum in current fiords for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check th¢ appropriate box.) [ X ] Stipulated Stun, in accordance with Section 4.2 below j ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximtun Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contraotor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.1, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, S 1.5 or 5.1.6 below) § 4.2 Stipulated Sum § 4.2,1 The Stipulated Sum shall be Fifteen T7tousand Four Hundred Eighty Dollars and Zero Cents ($15,480.00 ), subject to additions and deletions as provided in the Contract Documents. BasaBid' $15,480.00 § 4,2.2 The Stipulated Sum is based on the following alternates, ifany, which are described in the Contrail Documents and are hereby accepted by the Owner: AIA Document A132*""-2009 (formerly A101T'^CMa-1992). Copyd9ht®1975,1990, 1992 and 2009 by ThaAmerlcan institute of Architeela. All rlOhte Init. reaervod. WARNING: Thle AIAa Document to protected by U.9. Copyright Lew end International Treaties. Unauthodzed reproduction ar dlshlhutlan of thla AIAe Dowmmt, or any podlon of It, may result In severe civil end cdminel penalties, end will be prosecuted to the maximum a#ent poeelBla under t the law. Thl° documenlwea protlucad byAlA soflwere e111:13:09 an 09129/2012 under Order No.6907a29900 1 which expires on 01/17!2013, and Is not for resale. Uear Notes: (129as06310) (State the numbers or• other identification of accepted alternates. If the bidding or proposal documents permit the pwner to accept other alternates subsequeru to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § '4.2.3 Unit prices, if any: (!dent fy and state the unitprice, andstate the quantity limttatio7rs, if arty, to which the unitprice will be applicable.) Item Units and Llmltatlons Price per Unlt ($0.00) § 4,2.4 Allowances included in the Stipulated Sum, if any: (Idenify allowance and state exclusions, if arty, from the allowance price,) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Pdce § 4,3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination of the Cost ofthe Work, plus the Contractor's Fee. § 4.3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work ol• other provision for determining the Contractor's Fee.) § 4,3.3 The method of adjustment of the Contractor's Fee for changes itr the Work; § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work: § 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project. § 4.3.0 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Llmltatlons Price per Unit ($0,00) § 4.3.7 The Contractor shat (prepare arrd submit to the Conshvction Manager far the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall Include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work. § 4.4.Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost oftlle Work as defined in Exhibit A, Determination ofihe Cost ofthe Work, plus the Contractor's Fee. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or otherprovisfan for determining the Contractor's Fee.) AIA Document A732Ta-2008 formerly A1011YCMa-1982). Copyrl9ht®1876, 1960,1982 end 20118 by The American Inslllule ofArchltecte. All rights Init. reserve®. WARNING: This AIAt nocumanf la protected by U,a. Copyright Law and Intematlonal Trestles. Unauthorized reproduction or tllatdbutlon or 4 this AlA Document, orany portion of lt, may result In severe civil end criminal penalties, end will haproaecuted to the maximum extent poaelble under t the law. This documanlwes produced 6y AIA software et 11:13:06 on 06128/2012 under Order No.590742e80g_1 whkh expires on 01117/2013, and Is nolfor resale. User Notes: (9296906399) § 4,4.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost oflts portion ofthe Work: § 4.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( °/n) of the standard rate paid at the place of the Project. § 4.4.5 Unit Prices, if any: (ident~ and stare the unit price, and state the quantity limitations, ifarq, to which the unit price will be applicable.) Item Unlta and Limitations Price per Unit ($0.00) § 4,4:7 Guaranteed Maximum Pdca § 4,4.7:1 The sum of the Cast ofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to In the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (insert speck provisions if the Contractor is to participate in any savings.) § 4,4.7,2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract bocuments and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Identify and state the amounts of arty allowances, and state whether they include labor, materials, or' both.) Item Allowance § 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1,1 Based upon Applicafions for Payment properly submitted to the Construction Manager by the Contractor, and upon ceitification of the Project Application and Project Certificate for Payment or Application for Payment and Cerfificate far Payment by the Construction Manager and Architect and issuance by the 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. § 5.1.2 Theperiod covered by each Applicntion for Payment shall be one calendarmonth ending on the last day ofthe month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twonty-fifth day of a month, the Owner shall make payment of the certified amount ]n the Application for Payment to the Contractor not later than thaTwenty-fifth day of the following month. If an Application for Payment is received AIA Document A732TM - 2009 formerly A101'"CMa-1992). Copyright ®1975,1980, 1892 and 2008 by The Amedcan institute of Archllacts. All rights Init. reeervetl. WARNING: Thla AIA Document la protected by U.S. Copyrlghf Lawand Intematlonal Trestles. Unauthorized raproductlon ordlatdbutlon of this AIA® Document, or any poRfan of It, may result In severe civil antl cdminal penalties, antl will be prosecuted to the maximum extent posalhla under I the law. Thla document wee protlucetl by AIA software al 11:13:06 on 08!29/2012 under Order No.5907428800 1 which expires on 01n7/2013, and Is not far resale. User Notes: (1286806319) . I bytheConstmctionlvlanageraftertheapp]icationdetefixedabove,paymentshallbemadebytheOwnernotlaterthan Thirty (30) days after the Construction Managea• receives the Application for Payment. (Federal, state or local Taws may require payment within a certain period of time.) § 5.1.4 Progreso Payments Where the Contract Sum la Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall ba based on the most recent schedule ofvalues submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule ofvalues shall allocate the entire Contract Sum among the various portions ofthe Work and ba prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and .Architect may require. This schedule, when, and only when, approved in writing by the Constmction Manager ar Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion ofthe Work as ofthe end of the perldtl covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contmct Sum properly allocable to completed Work as determined by multiplying Elie 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 approved schedule of values, less retainage of Five percent (3.00 %), Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; ,2 Add that portion of the Conh•act Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed conshuction (or, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, ifany, for which the Construction Manager or Architecthas withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Condhions, as modified; and .3 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progeess payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments tc Ninety-flue percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, iffinal completion ofthe Work is thereafter matet•ia[ly delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, ae modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If ft is tntenderT prior to Substantial Completion ofthe entire Wor1y to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions far such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owncr. § 5.1.4.5 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion ofthe Work. § 5.1.5 Progress Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed Maximum Price § 5,1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence requhed by the Owner, Construction Manager or AIA Document A732TM-2000 formerly AtOt TMCMa-1882). Copydght®1975, 7aa0, 1982 end 2x09 by The American lnsutule of Architects. All rlOhts I01t. reearvam. WARNING: Thla AIA~ Document la protected by U.9. Copyright law end Intamattonal Treaties, Unauthorized reproduction ordtatrlbutlan of 6 this AlA Document, or any portion of lt, may result In severe civil end criminal penalties, end will be prosecuted to the maxlmumexfent poaslble under the law. Thla document wee produced byAlA eaawere et 11:13:OB on Oe12812012 under Order No.5807420000 7 which expires on 01!17/2013, and Is not for f9aal®. User Notes: (7290800310) A)•chltect to demonstrate that cash disbwsements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion ofthose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1,5.2Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to thenext Applicaton for Payment. § 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Exhibit A, Detemunation of the Cost of the Work; .2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the. Cost of the Woxk described in that Section at the rate stated Lt that Section; or if the Contractlr's Fee is stated as a fixed sum, an amount which bears the sameratio to that fixed-sum Fee as the Cost of the yVoek bears to a reasonable estimate of the probable Cost ofthe Work upon its completlong .3 Subtract retalnage of percent ( %) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Sabtractthe shortfall, if any, indicated by the Contractor in the documentation required by Article 5 w resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 .Sabtradt amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Cerlificete fox Payment as provided in Section 9.5 of AIA Document A232Tar 2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 5.9.5,4 The Owner, Constmction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall exebute subcentracts In accordance with those agreements. § 5,1.5.51n taking, action on the Conhactor's Applications for Payment, the Constmctlon Manager and Architect shall be entitled to rely on the accwaoy and completeness of the information ftrrrrished by the Contractor and shall not be deemed to represent that the Construction Manager and Architeat have made a detailed examination, audit or arithmetic verlficatiop of the documentation submitted in accordance with Article 5 or other supporting data; that the Constructicn Man~gat and Architect have made exhaustive or continuous on-site inspections; or that the Conshvction Manager and Architect have made examinations to ascertain how or for what pwposes the Contractor has used amounts previdusly. paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will bo performed by the Owner's auditors acting in the sole interest of the Owner, § 5.1.5.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.7.6Pragress Payments Where the Contract Sum la Based on the Cast of the Work with a Guaranteed Maximum Price § 5,1,5.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash acwunts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbwsements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to The Contractor's Fee; plus (3) payrolls fw the period covered by the present Application for Payment. § 5.1.8,2 Each Application for Payment shall be based on the most recent schedule ofvalues submitted by We Contractor in accordance with the Contract Documents. The schedule of values shell allocate the entire Contract Sum among the various portions of the Work and be prepared In suah form and supported by such data to substantiate its accwacy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall ba used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.6,3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing AIA Document At 32T"-2009 formerly A707T"CMa-99921. Copyright®1976,1990, 7992 and 2008 by The Amedcen lnsaWle ofArehltecls. All rights loll reserved. WARNING: Thle AIA Document la protected by U.S. Copyright Law and Internatlonal7reatlea.Unauthorized reproduction or diatdhutlon or ~ thla AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted t° the maximum extent posalble under r the law. Thla documanlwes produced by AIA software et 77:73:06 on 0912812072 under Order No.5907429eao_1 which expires on 01/17@013, and Is not for resale. User NOtea: (1299996379) (a) the expense that has actually been ino7ured try the Contractor on account of that portion of the Work for which the Ceotractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion ofthe Work in the schedule of values. § 5.1.6.4 Subject to other provisions of the Contract Deauments, the amount of each progress payment shall be computed asfaIIows: .1 Take thatportion ofthe Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the shaze of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as ~7rovided in Section 7.3.10 of AIA Document A232-2009; .2 Add that portion of the Guazanteed Maximum Price properly allocable to materials end equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). Tha Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, Ifthe Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost ofthe Work bears to a reasonable estimate of the probable Cost ofthe Work upon its completion; .4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shoiTfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Conshuofion Manager or Architect have withheld or nullified a Certificate for Payment as provided h1 Section 9.5 of AiA Document A232 2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subaonfracts in accordance with those agreements. § 5.1.6.6In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shell be entitled to rely on the accuracy and wmpleteness of the information furnished by the Contractor and shall not be deemed to represent thatthe Construction Manager or Architect have made a detailed examination, auditor arithmetic verification ofthe documentation submitted in accordance with Section 5.1,6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or far what purposes the Contractor has used amounts previously paid on account ofthe Contract. Such examinations, audits and verifications, ifrequiredby the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with dte Owner's prior approval, the Contractor shall not make advance payments to suppliers far materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2,1 Final payment, constituting the entire unpaid balance ofthe Contract Sum, shall. be made by the Owner to the Contractor when .1 the Contractar has fully performed the Contract except for the Contractor's responsibility to wrrect Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of rho Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or widuout a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: AIA OOOUmant A792"'-2008 formerly A7071MCMa-1882). Copyr Init. reserved. WARNING: This AIA Document le protected by U.B. C< this AIA° Doeumanl, or any portion of It, may result In severe elvll ) the Inw. This document was produced by AIA eoftwere et 17:13:08 on resale. User Nolae: 1876, 198D, 1882 end 2009 by The American Institute efArchile°Ie. All rights rl Law and Inlamatlonal Trestles. Unauthodzed reproduction or distribution of $ ~Iminal panaltles, and will be prosaeulatl to the maximum extent possible under 2072 under Order No.6907428800 1 whleh expires on 01/9712019, and is nolf°r (1288806318) ARTICLE 6 DISPUTE RESOLUTION § 8.11nltlal Declsion Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AlA Document A232-2009 as modified, unless the parties appoint below another individual, not a pally to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact irl/ormah'on of the Initial Declsion Maker (f other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject [o, but not resolved by, mediation pursuant to Section 15.3 of AIA Docwnent A232 2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a m¢thod of btnding dispute resolution below, or do not subsequently Agree in writing to a btnding dispute resolution method other than litigation, Claims will be resolved by litigalion:lria court ofcompetentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of ATA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Spec fy) ARTICLE.? TERMINATION OR SUSPENSION § 7.9 Where the Contract Sum la a Stipulated Sum § 7.1,1 The Conh•act may be terminated by the Owner or the Contractor as provided in Article 14 ofAiA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1 Where the Contract Sum is Based on the Coat of the Work with or without a Guaranteed Maximum Price § 7:2.4 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 ofA1A Document A23~2009. § , 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232 200.9; however, die Owner shall then only pay the Contractor an amount calcu]ated as follows: .1 Take the Cost of the Work incuned by the Contractor to the date of termination; .2 Add the Contractor's Fee computed upon the Cost of the Work to the date oftermination st the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work et the time of termination bears to a reasonable estimate ofthe probable Cost of the Work upon its completion; and .3 Subrtact the aggregate of previous payments made by the Owner. § 7.2.3If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost ofthe Work with a Guaranteed Maximum Frice, and as provided in Article 14 of AIA Document A232-2009, the amount, if any, to be paid to the Contractor under Section 14,2.4 of AU1 Document A232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated In Section 7.2.2. § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental atthe election ofthe Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver aU such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner We rights and benefits of the Contractor under such subcontracts or purchase orders. § 7.2.5 Tha Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009; in such case, the Conhact Sum and Contract Time shall be increased as provided in Section 14.3,2 of AIA Document AIA Document A102*'" - 2008 tlonnerly A701TaCMa -1992). Copyright ®1875,1960,1992 end 2009 by The Amedean InsOtule o<Architecls. All rights Init, reserved. WARNING: This AIA Document le protected by U.S. Copyright Law and International Treaties. Uneufhodzed reprotluclion or dlatrlbutlon of 9 thla AIA® Document or any portion of It, may result In severe civil antl criminal penalties, and will be pmsecutetl to the maximum extant posalble under t the law. Thla document was producetl by AIA eoaware et 11:15:08 on OB/28I2012 under Order No.59D742ae00 1 which expires on D1/17/2016, and Is not nor reacts. User NOtee: (1296906319) A232-2009, except that the term 'profit' shall be und~•stood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4.2 ofthis Agreement. ARTICLE 5 MISCELLANEOUS PROVISIONS § 8.1 Wherereft;rence is made in this Agreementto a provision ofATA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents. § 8,2 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, {jarry.) 3/0. of 1°/a per month § 8,3 The Ovmer's representative: (Name, address and other irtJormadon) Keith Watts, Purchasing Manager City ofMeridian Purchasing Deparnnent 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 Tate Contractor's representative: (Name, address and other informan'on) Michael Beltrami Crawford Door Sales of Idaho 4951 Bradley Street, Suite B Boise, Idaho 83714 Telephone Number: 208375-6410 Fax Number: 208-375-6470. § 8.5 Neithn• the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Connect Documents, except for Modifications issued after execution of this Agrcement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, ATA Document A232 2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9,1.3 Zlta Supplementary and other Conditions ofthe Contract: Document Tltte Date Pages Exhibit A Contract Doctmlent Schedule 8/23/1012 2 § 9.1.4 The Specifications: (Either list the Spec cations here or refer to an exhibit attached to this Agreement.) AIA Document A732T°-2009 formerly A701T"CMa-1992). COpyrlpht®1975,1960, 1992 antl2009 by The American lnealule oFArchllecle. All dahle Init. reserved. WARNING: This AIA Document Is protected by U.9. Copyd9ht l-aw and International Trestles. Unauthadzed reproduction ordlatrlbutlon of ~ p this AIA° Document, Cr any portion of It, may result In severe civil antl cnminal penalllea, antl will he proaecutetl to the maximum extent possihla under t the law. This d°cumen[was produced by AIA Software at 71:13:06 Cn 09/26/2012 under Order No.5907426600 1 which expires on 01/7 712 0 7 3, end le not far resale. Ueer Notes: (1296906316) Contract Document Schedule, Exhibit A, dated August 23, 2012 .(Table deleted) § 0,1.5 The Drawings: (l;ither list the Drawings here or refer to an exhibit attached to this Agreement) Contract Document Schedule, Exhibit A, dated August 23, 2012 (fable deleted) § 9.1.8 The Addenda, if any: Number Date Pages One 8/10/2012 24 Twb 8/17YL012 432 Portions bf Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are fllso eriutrierated in this Article 9. § 9.1.7 Addifional documents, if any, forming part of the Contract Documents are: .1 AIA Document A132T"r-2009, Exhibit A, Determination of the Cost of the Woek, if applicable. .2 AIA Docutneut E201TM 2007, Digital Data Protocol Exhibit, if completed, ar the following: N/A .S AIA Document E202TM 2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: ' (List here afry additional documents which are intended to form part of the Contract Documents. A/A Docu»tentA232 2009 provides that bidding requirements such as advertisement or invitation to bic~ Instructions to Bidders, sample forms and the Contractor's bid are not part ofthe ContractDoctrments unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instuctions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. ATA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Artiole 11 ofAIA Document A232-2009 as modified Refer to Supplemental Conditions modifying ATADocumentA232-2009 fox changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100%Payment and Performance Bonds. (SYat¢ bonding re0uirernents, if any, and limits of liabr7ity for insurance required in Article 11 ofAL4 Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount f$0,00) AIA Document A132TS-2009 formerly A107T"CMa-1882). Copydpht®1875, 1880, 1982 entl 2009 by The American lnstilute of Archltecls. All rights Intl. roaervad. WARNING; Thla AIA` Document fa protected by U.b. Copyright Lew end Inlernatlonal Treatise. Unauthorized reproduction or tllstributlon of 11 this AIA° Document, or any portion of It, may result In severe civil and Criminal penailles, entl will be prosecuted to the maximum extent possible under t the few, Thls documentwes produced by AIA fioflwera e111:13:08 on 08!2012012 antler Order No.b807428800 1 whloh expires on 01!17!2073, and is not Far resale. User Natas: (1296906319) This Agreement is entered into as of the day and year first written abovL//~~/ ~~ '-. OWNER (Signs CONTRACTOR (Signature) , yv~t~~,ge\ ~', 6e~1-r~~l Tammy de Weerd Mayor V t ~4 ~ ~'f. $ t ~t nJ 7 ,.(Printed name and title) (Printed name and title) AIA Document A772TM - 2008 ~formedy A107 TMCMe -19821. Copydght ®1975,1990,1992 end 2008 by The Amedcen Inelltule of Archlteda. All rlghta Init. reserved. WARNIND: This AIA Document IS protected by U.7. Copyright Law entl Internatlonel Treaties. Unauthorized reprotluctlon or distribution of ~ 2 this AIA® Document, or any portion of it, may result In severe civil entl criminal penalties, end will be prosecuted to the maximum extent poaslble under / the law. Thla document web produced by AIA software et 11:13:09 on OBl2B/2012 under Order No.6807429900 1 which axplrea on 01/17/2013, and la not for fBBBB. User NOtee: (1289909319) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 7700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer-Musgrove Engineering, P.A. Electrical Engineer-- DC Engineering Civil Engineer- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No: Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/31/2012 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Sile Plan A1.1 CIVIL -Dated 7 /3 012 01 2 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan-Overall C2.1 C2.2 Grading & Drainage Plan -Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3,0 C3.1 Sewer Plan & Profile C3.2 C4.0 Slte &Grading Details C4.1 C4.2 Irrigation Details C4.3 C4.4 Cily of Meridian Standard Details - 2 C5.0 C5.1 Stormwater Pollutlon Prevention Plan -2 LANDSCAPE -Dated 7/31/2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plan (dated?/1El20t2) L4.0 ARCHITECTURAL -Dated 7131!2012 BLD - A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A A3.OA Reflected Ceiling Plan A4.OA A5.OA Exterior Elevations AO.OA Meridian Parks 8 Racreallon Maintenance Faclllty Page 1 of 2 Site Dateils Topographic 8 Control Survey Grading & Drainage Plan -Area 1 Roadway Plen & Profile- E. Lanark St. Site U(ility Plan Gravity Irrigation Plan & Profile Site, Drainage, and Irrigation Detalls City of Merldlen Standard Detalls -1 Stormwater Pollutlon Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/18/2012) Irrigation Detalls (dated 7!1812012) Floor Plen Ofrice /Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 A6.1A Wall Sections A0.2A Wall Sectlons /Details / ~ A7.OA Interior Elevations /Details At3.0 DoorMlindow Schedule & Details 4, Ag.O DetellslEnergy Compliance BLD-8 A2.OB FloorlRoofPlans A3.08 ExtedorElevatlona 8LD-C A2.OC Floor/Roof Plena A3.OC Exterior Elevations /Sections A3.1C Wall Sectlons /Details BLD - D A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Sections STRUCTURAL -Dated 7/311201 S1.0 Structural General Notes S7.1 Special Inspections S2.OA Foundation Plan Bld A 52.08 Foundation Plan B[d B S2.OC Foundation /Roof Framing Plan Bld C S2,OD Foundation !Roof Framing Plen Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details -Foundation 55.0 Structural Details -Framing INECHANICAL -Dated 7/30/2072 MG1,0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVACPIan-MelnBullding M1.1 HVACPIan-BuIldingC M2.0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7/30/2012 P1.0 PlumbingPlan-BuildingA P1.1 PlumbingPlan-BUildingC P2.0 Plumbing Detells P3,0 Plumbing Schedules ELECT RICAL -Dated 7/30!2012 E0.0 Electrical Cover Sheet E0.1 Slte Electrical Plen E0.2 Electrical Roof Plan E1.0 Power Plan -Building A E7.7 Power Plans -Building B, C, & D E2.0 Lighting Plan -Building A E2.1 Lighting Plans -Building B, C, & D E3.0 One Lina Diagram and Panel Schedules E4.0 UghUng Controls & Compliance Meddian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 T ~ ~ 'iAIA Document A~32'N - 2009 Standard Form ofAgreemenf Between Owner and Contracfor,Construction Manageras Adviser Edition Bid Package No.10 -Doors, Frames and Hardware AGREEMENT made as of the Twettty-Forth day ofAugust hr the year Two Thousand ADDITIONS AND pELET10NS: The author of this document has Twelve ~~ added Infonnaflon needed for Its (In WOYdS, Indicate 77ay, month andyear.) completion. The author may also have revised the text of the orlglnal BETWEEN the Owner: ~ AIA standard form. An Additions end (Name, legal status, address and other irJlorrnation) Deletions Repon that notes added information as wall as revisions to the City of Meridian ~ standard farm text is evalleble from 33 Eflst Broadway Avenue the author end should be reNewed. A Meridian, Idaho 83642 vortical lino In the Ie0 margin of thla document Indicates where the author and the Contractor: has added necessary Information (Name, legal status, address and other information) and where the author has added to or deleted from the orlglnal AIA text. T'he Masorny Center, Inc. This document has important legal 1424 North Orchard consequences, Consultation with en Boise, Idaho 83707 attorney Is encouraged with respect Telephone Number: 208-323-9100 to Its completion or modlFlcetion. Fax Number: 208-327-1600 This document Is intended to be used for the fallowing Protect: In conJuncllan with AIA Dacumenis +n (Name, location and detailed description) 8232 -2008, General Conditions of the Conuact for Construction, Meridian Parks & Recreation Maintenance FacNity Construction Manager es AdNser Edltlon; 8132*^~-2gog, Standard 1700 East Lanark Street Farm of Agreement 9elween Owner Meridian, Idaho 83642 and Architect, Conslmction Manager as Adviser EdIt100; and The Conshuction Manager: Ct32^"-2008, Standard Form of (Name, legal status, address and other information) Agreement Between owner end Consirucuon Manager as Adviser. ISreizenbeck, LLC DBA Kreizenbeck Constructors, 11724 West Executive Drive AIA Document A232*u-2000 Is Boise Idaho 83713 adopted In Ihls document by , Telephone Number: (208) 336-9500 reference. Do not use with other Fax Number: (208) 336-7444 general conditions unless this document Is modified. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 Soitth Broadway Avenue Boise, Idaho 83706 TaleJihone Number: (208) 338-9080 The Ownerand Contractor agree as follows. AIA Document A13T° - 2009 tformerly Al a1TMCMa- 9992J. Copyright ®1875, 1990, 7982 and 2009 by The American Insalule of Archtlecls. All rlghla Init. reserved. WARNING: Thra AIA® Document Is protected by U.9. Copyright Law and Intemetlonal 7reallea. Unauthodzetl reproduction or tllatdbutlon or thle AIA° Document, orany portion of it, may result In severe civil entl criminal penaltlae, end will be prosecuted to the maximum extent posalble under t lha law. This document was produced byAlASOaware et 11:72:D7 on 00/29/2012 under Order No.5g07429900 7 which explrea on 01n7/2073, and is notfor resale. User Nolea: (944397113) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENTANDSUBSTANTIALCOMPLETION 4 CONTRACT SUM 5' PAYMENTS 8 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 7 THE CONTRACT DOCUMENTS The Contract Documents porisist of this Agreement, Conditons 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.Ivlodifications issued after execution ofthis Agreement, all of which form the Conteact, and are as fully a part of the Contraci as if attached to this Agreement or repeated herein. The Contract represents the entire end 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 hilly'eicecute the Work described in the Contract Documents, except as specifically indicated in the Contract Doou(ilerits to be the responsibility of others. Bid Requirements: Rrovlde all labor, material and equipment to complete the work of furnishing and installing hollow metal doors & frames, aluminum frames, wood doors and hardware as noted !n the construction documlints and 'pet the following: Divistohl:-Ge~neralRequitlinents - S1:ction 07920U -Joint Sealants*" Section 081113 -Hollow Metal Doors and Frames Section 081216 -Aluminum Frames Section 081416 -Flush Wood I)Sors Section 087100 - Daor FIaidwate *• As applicable to this scope tifwork This conh•act speciSeally includes but is not limited to: • Fmnish and install all wood doors, metal & aluminum frames and door hardware for all openings in accordance with construction docmnents. • Coordinate with owner for cylinder and keying requirements. • Fumish all door hardware for aluminum framed entrances doors in accordance with the construction documents. • Provide m1d install all lock cylinders and cores, keying and brand shall ba coordinated with the glazing contractor. • Furnish and install card access readers as indicated by The construction documents. This includes low voltage wire as required for complete system. Prep frame with wnduit and boxes far elechlc strike. • Frame anti door preparation as required to install work In this work package is included. • Supply steel frames and anchors to mason for installation of hallow metal frames in all structural block walls. • Furnish and install al] steel and alamimun flames in all framed walls. AIA Document A732TM-2009 fennedy A707T"CMa-1992). COpydphl4)1976,1980, 1992 and 2009 by The American lnatllule arMchllecls, All rlghle Inlt, reservetl, WARNING: 7hla AIA Document Ia protected by U.S. Copyrtght Law and International Treaties. Unaufhodmd reproduction or dlstrlbullon of this AIA® Document, crony portion of It, may raauit In asvere civil entl criminal penelllea, antl will be proaeculetl to the maximum extant poeel6la under ! the low. This tlocumentwae protluced by AIA software st 11:12:07 on 09!29!2012 untler OMer No.6907429900 1 which explree on 01(17!2013, end Is not for resale. User NOtee: (944397113) • Final at)jasbnent of doors as necessary ro meet approval of Owmer, Arehitect end Construction Manager. • Provide caulking associated with this work package. Contractor to verify all door openings. .. . Ivlanltar end adjust frames ae necessary during conshvafion to maintain plumb and level. • .411 submittals are due within 10 days ofnotice to proceed, • Scope of the work remains the same for all 6uildings identified in the construction documents. • Scope of work for eltemates remains the same as base bid. (as applicable) • FYunish and install attic draft stop access doors as Indicated by the construction documents. This contract specifically excludes: • Ltslallation of metal frames in Block walls. • Aluminum framed entrance doors end frames. • Installation of door hardware on aluminum Beamed enhances doors. • Pre~englneered metal building doors, frames end Hardware. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 9.1 The date of commencement of the Work anal l ba the date of this Agreement unless a different date is stated below cjr provision is made for the date to be fixed hr a notice to proceed issued by the Owner. (Insertihe date ofcommencement, (fitd{ffersfrom the date ofthisAgreementor, ifapplicable, state thatthe datewtll be fixed in a notice to proceed.) Tlie commencement date will be fixed in a notice to proceed. I$ prior to the commencement of the Worly the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Conh•act Time shall be measured from the date of wmmencemenf. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date bfcommenc%ment, or as follows; (Insert number ofcalendar days. Alterrurtively, a calendar date may be used when coordinated with the date of ctiinmetjeement.Ifappropriate, insert requirements for earlierSubstandalCampletionofcertainportionsofthe Work) Tha Contractar shall achieve Substantial Completion of the entire Work not later than May 30, 2013. (Tdble deleted) stihjeot to adjustments ofthis Contract Time as provided in the ContractDOCUments. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time odor bonus paymehlsfor• early completion ofthe Work) In the event thb Cdntractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall.psy to the Owner as liquidated damages, and not as a penalty, the sum of Ono Thousand Dollars ($1,000.00) or''/,% of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substmtial Completion is achieved; provided that the Contractor shall not be liable foe liquidated damages for a day, or days of the excusable delay occurring during such period following the end ofthe Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Coritmct. The Contract Sum shall be one of the following: (Checkthe appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below AIA Document A132T"-2009 formerly A701 TMCMe-1992). COpydpht®7976,7980, 1892 end 2009 by The American lna0tute ofArchilectS. All rlghta Init. reaarvotl. WARNIND: Thla AIA Document Is protected by U.S. Copydght Law antl Inlarnetlonal Treellea. Unauthorized reproducaon or dlatrlbutlon of into AIA° Document, ar any portion or it, may result In eevera civil end cdminal psneltlea, antl will be prosecuted t° the maximum extent passible under t the law. Thla tlocumanlwas produced byAlA software et 71:17.07 on OB/2BI2012 under Ober No.590742BB00 1 which expires on a1ry7t2013. and Is not for resale. User Notes: (844387773) [ ] Cost of the Wark plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Pee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4. Z, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1, 5 or 5.1,6 below.) § 4,2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Twenty Thousand Five Hundred Sixty-Four Dollars and Zero Cents ($ 20,564.00 ); subject to additions and deletions as provided in the Contract Documents. Base Bld $20,564.00 § 4.2.2 The Stipulated $um is based on the following alternates, ifany, which are described in the ContractDocuments and al•e hereby accepfet] by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accep! other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount far each and the date when that amount expires.) N/A § 4.2.3 Unit prices; if any: (Identify and state the unitprice, and state the quantity limitations, if arty, to which the anitprtce will be applicable.) Item Units and Llmltatlons Price per Unit ($0.00) § 4,2.4Allowances included in the Stipulated Sum, if any: (Ident~ allowance and state exclusions, if arty, from the allowance price.) Item Allowance § 4.3 Coat of the Work Plus Contractor's Fee without a Guaranteed Maximum Pdce § 4.3,1 T7re Contract Sum is the Cost ofthe Work as defined inExhibitA, Determination of the Cost of the Work, plus the Cohtraotar's Fee. § 4,3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or otherpravision for determining the Contractor's Fee.J § 4.3.3 The method of adjustment ofthe Contractor's Fee for changes in the Work; § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit far increases in the cost ofits portion ofthe Work: § 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( °/n) of the standard rate paid at the place of the Project. r § 4,3,6 Unit prices, if any: l (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) AIA Document A1321°-2009 (formerly A101 ^"CMa-7992). Capydpht®1975,7980, 1892 and 2000 by The American lne0wte of Amhllecta. All nOhla Init. reserved. WARNING; Thla AIAO Document la protected by U.S. Capytlaht Lew and Intemetlonal Treatise. Uneuthodzed reproduction or dialrlbutlon of this AIA® Document, or any portion of It, may result In severe civil antl crtminal penelllae, antl will be preeecutetl to the maximum extant posal6le under t the law. This document was produced byAlA software at 11:72:07 on 00/20/2072 under Order No.0907428000 1 which explree on O7/77I2013, end Is not for resale. Uaer Natas; (044397113) Item Units and Llmltatlons Price per Unlt ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing a Control Estimate within 14 days of executing this Agreement, The Control Estimate shall include the items in Section A.] of Exhibit A, Determination of the Cost of the Work. § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § "4.4.1 The Contract Sum is the Cost oftha Work as defined in Exhibit A, Determination of the Cost of the Work, plus thb Contractor's Fee. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work ar other provision for determining the Contractor's Fee.) § 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost ofits portion ofthe Work: § 4.4.5 Rental rates fof Contractor-owned equipment shall not exceed percent ( %) ofthe standazd rate paid at the place of theProjeat.. § 4.4.8 Unit Prices, if any: (Ident{fy andstdte the unitprice, and state the guantity limitations, jjarp~, to which the unitprice will be applicable.) Item. Unite and Llmltatlons Price per Unlt ($0.00) § 4.4.7 Guaranteed Maximum Price § 4.4,7.1 The sum 6t`t)ie Cost ofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additiatis and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaeanteed Maximum Price to tie exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert spectJtc provfslons (f the Contractor is to participate in any savings.) § 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Ident~ and state the amounts of arty allowances, and state whether they include labor, materla[s, or both.) Item Allowance § 4.4.7A Assumptions, if any, on which the Guarameed Maximum ]?rice is based: AIA Document A192's-2908 formerly A991*"CMa-1892). Copyrl8hl®1075,'1 839, 1882 and 2998 by The Amarlcen institute oFArchiteds, All dghte Init. reserved. wARN1N0: Thle AIA Doeumenl la protected by U.S. Copyrt8ht Law and International Trealiea. Unauthodzed reproduction or tlletrl6utlon of thla AIA° boeumanl, or any portion of It, may reaualn severe elvll and edminal penalties, end will be prosscuted to the mazlmumaxtenlpoaslhle antler / the law. This document was protluced by AIA software et 11:12:07 on Oel28/2ot2 under Order No.5897428900 7 which expires on 01t1712919, and la not for resale, User Notes; (94 43 9717 3) ARTICLE 5 PAYMENTS §'S:1 Progress Payments § 5.1,1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Protect Application and Protect Certificate for Payment or Application for Payment and Certl$cate for Payment by the Construction Manager and Architect and issuance by Uie Architect, the Own~• shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day ofthe month, or as follows: § 5,1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount iit the Application for Payment to the Contactor not later than the Twenty-fifth 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 toter than Thirty (30) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may reguire payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5,1.4,1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construation Manager and Architect in accordance with the Contract Doauments. The schedule of values shall allocate the entire Contract Sum among the various portions oftha Work and be prepared in such form and supported by suoh data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall showthe percentage of completion of each portion ofthe Work as ofthe end of the period covered by the Application far Payment. § 5.1.4.3 Subject to the provisions oftha Contract Documents, the amount of each progress payment shall be computed as follows: A Take that portion ofthe 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 approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included es provided in Section 7.3.9 of the General Conditions, as modified; .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 writing in advance by the Owner, suitably stored off the site at a location ageed upon in writing), lass retalnage of Five percent (5.00 %); .3 Subtract ttte aggregate of previous payments made by the Owner; .4 Sub{ract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Paymantas provided in Section 9.5 ofthe General Conditions, as modified; and .5 Snbfracbamounts, ifany, being withheld by the Owner or Construction Manager es provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shell be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95.00 %) ofthe Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and AIA Document A732*e-2009 formerly A101TaCMa-7992). COpydght4)1876,1860, 1982 antl 2009 by The Afnerlcen lnstllute of Arehileola. All aghfe Init. reserved. WARNING: Thle AIA Document Is protected by U.S. Copyright Law and Internetlonel Trestles. UneuNOdzed reproduction or dlsldbutlon of this AIA® Document,orany portion of It, may result In severe civil antl edminal penalties, end will be proaaeutad to the maximum extent possible under 1 the law. Thla dacumenlwae producetl by AIA software at 11:12:07 on OaPlB/2012 under Order No.690742a800 1 which explrea on 01/1712013, end la nol for resale. User Notes: (844387113) .2 Add,iffinalcomplationoftheWorkisthereaftermateeiallydalayedfhroughnofaultoftheContractor, any additional amounts payable in accordance with Section 9.10.3 ofthe Geneeal Conditions, as modified. § 5.1.4.5 Reduction or limitation ofretainage, if any, shallbe as follows: (If it is intended, prior to Substantial Completion afthe entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere fn the Contract Documents, insert here provisions for such reduction or Iimitalion.J No reduction in retainage will be allowed prior to final wmpletion without written approval ofthe Owner. § 5.1.4.6 A condition will be included foebldding more retainage ffom a contractor or supplier than retained from their portion ofthe Work. Payments Where the Contract Sum is Based on the Cost of the Wark without a Guaranteed 5.1.5.1.VJith each Applieatiop for Payment, the Contractor shall submit the cost control information requred in Exhibit A, ISeteiniin7itioii of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vogchiirs attached and any other evidence required by the Owner, Construction Manager or Arrk~itect to demonstraee that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) chat portion of those payments a}trihotable to the'C,`olitractor's Pee; plus (3) payrolls for the period covered by the present Applicefion for Payment. § -5.7.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made oe intends to make actual payment pribr:to the next Application for Payment. § 5:1.5.3 Sdbject to other provisions ofthe Contract Documents, the amount of each progress payment shall be co7riputed as follows: .1 T~[cp the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Contractor's Fee, less retainage of percent ( %). Tha Contractor's Fee shall be computed - upon the Cost of the Work described in that Section at therate stated in that Section; or if the Gonfractor's Fee is stated tis a fixed sum, an amount which beazs the same ratio to that fixed-sum Fee as the Cost ofthe ~,york bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subfractretainage of percent ( %) from that portion ofthe Work that the Contractor self-performs; •4 Subtract the aggregate ofprevious payments made by the Owner; .5 Subtract the shortfall, ~f any, indicated by the Contractor in the dooumentation required by Article 5 or - resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .8 Subtract amounts, if any, for which the Construction Manager or Architecthas withheld or withdrawn a Certi$cate for Payment as provided in Section 9.5 of AIA Document A232Taf-2009, General Conditions ofthe:Contract for Construction, Construction Manager as Adviser Edition. § 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 In !eking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, auditor arithmetic verification of the documentation submitted in acaordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architecthave made examinations to ascertain how or for whatpurposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by tl7e Owner, will be performed by the Ownln•'s auditors acting in the sale interest of the Owner. Inlf. AIA Document A732*"- 2009 ~farmarly A101'sCMa-1882). Copyright®1976, 4800,1992 and 2008 by The American Ine6lule of Archllecle. All rlgMs reaervetl. WARNING: rhla AIA Document Is profeetatl by U.S. Capynght Law end Internallonal Trsalles. Uneulhotlzed reproduction or dletrlbutlon of this AIA® Document, ar any portion of It, may result In severe civil end criminal penelaes, and will be prosecuted to the maximum extent posalble under I thelaw. This document was producetlbyAlA soaware at 71;12:07 on 06126/2912 under Order No.69074268004whlch expires on0l/17l2013, end is notf°r resale. User N9tes: (644397113) § 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not bean delivered and stored atthe site. § 5.1.6 Progreso Payments Where the Contract Sum Is Based on the Cast of the Work with a Guaranteed Maximum Price § 5.1.6.1 With each Application for Payment, the Contraator shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Qwner or Architect to dainonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal o< exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments athibutable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application fpr Payment. § 5.1.6.2 Each 1lpplioation for Payment shall be based on the most recent schedule of values submitted by the Contractor iri i~ccordance 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 Conshuction Manager and 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. § 5,1.6.3 Applications for Payment shall show the percentage ofcompletion ofeach portion ofthe Work as ofthe end of the period covered by the Application for Payment. The percentage ofcompletion shall be the lesser of (1) the percentage ofthatportion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion ofthe Work for which the Contractor has made or iptends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5.1.6,4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined bymulOplying the percentage ofcompletion of each portion ofthe Work bythe share ofthe / Guaranteed Maximlun Price allocated to that portion ofthe Work in the schedule ofvalues. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3,10 of AIA Document A232-2009; ,2 Add that portion ofthe Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at thesite for subsequent incorporation in the Work, ar tf approved in advance by the Owner, saitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's ^}?ee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, shell be en amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a "reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainaga of p~rsnt ( %) from that portion ofthe Work that the Contractor self-peeforms; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, orrasulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A232-2009. § 5.1.5.5 The Owner and the Contractor shell agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainsge held on Subcontraats, and the Contractor shat[ execute subcontracts in accordance with those ageements. § 5.1.6,6In taking action on the Contractor's Applications for Payment, Ore Construction Manager and Architect shall ba entitled t1 rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemedfo rapiesent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; of that the Construction Manager or Architect have made examinations to ascertain how or for whatpurposes the Contractor has used amounts AIA Documenk A132*a- 2009 ((lonnarly A107 *"CMa -1992), Capydght ®1975,1980, 1992 end 2008 by The American Instllule of Archllecls. All rlghta Inlt• reserved. WARNING: ihls AIAb Document Is protected by U.9, Copyright Law and Internetlonal Treatlea. Unauthorized reproducllon or tllatdbutlon of this AlA° Document, or any ponlon of It, may result In severe civil and criminal panellise, and will be prosecuted to the maxlmumextsnt poealble under ) the law. This doWment wee produced by AIA software at 71:12:07 on 0 912 9 /2 01 2 under OMer No.5B07929900_7 which expires an 0111712013, end la nolfor resale. User Notes: (944387113) previously paid on account oftha Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 53.Final Payment § 5.2.1 Final payment, constitutipg the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractar has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Conteacfar has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guamnteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate forPaymenthas been issued by the Architect such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 8 D]5PUTE RE30LUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maket pursuant to Section 15.2 of AIA Document A232 2009 as modified, unless [he parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (/f the parties mutually agree, insert the rlam¢, Address and other contact information ofthe Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, butnot resolved by, mediation pursuant to Section 15.3 of AIA Document A232 2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. if the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resoludion method other than litigation, Claims will be resolved by lib'gatton in a court ofcompetentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AiA Document A232-2D09. [ X ] Litigation m a court ofcompetent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Whore the Contract Sum Is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Docuunent A232-20119 as modified. § 7.1.2 The Work may ba suspended by the Owner as provided in Article 14 of AlA Document A232-2009 as modified. § 7,2 Where the Contract Sum la Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7.2.1 Subject to the provisions of Section 7.2,2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232 2009. § 7.2.2 The Contract maybe terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall Olen only pay the Contractor an amount calculated as follows: ,1 Take the Cost of the Work Incurred by the Conractor to the date of termination; AIA Document A132TM-2008 formerly A101TMCMe-1982). Copyright®1875,1900, 1802 and 20096y The American lnellWla of Architects, Ali tights Init. reserved. WARNING: This AIA Document le protected by U.S. Copydght Law and Intarnattonal Trestles. Unauthorized reproduction or dtatdbutlon or g this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, end will 6e prosecuted to the maximum extent possible under / the law. This documenlwas produced by AlA aolNVere el11:12:07 vn 09/28/2012 under Order No.59074288001whlch expires on 01/1712019, and le not for resale. User Notes: (944397113) .2 Add fife Contractor's Fee computed upon fire Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate ofthe probable Cost ofthe Wark upon its completion; and .9 Subtract the aggregate of previous payments made by the Owner. § 7.2.9 Ifthe Owner terminates the Conteect for cease when the Conhact Sum is based on the Cost of the Work with a Guarantced Maximum Price, and as provided in Article 14 of ATA Document A232 2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIADocument A232--2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2. § 7.2,4 The Owner shall also pay the Contractor fair compensation, either by purchase ar rental at the election of the Owner, for any equipmentowned by the Contractor that the Owner elects toretain and thatisnot otherwise included in the Cost of the Work under Section 7.2,1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to In this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the ptlrpose of fully vesting in the Ownet• the rights and benefits of the Contractor under such subcontracts or purchase orders. § 7,2.5 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A232-2009; in such case, the Contract Sum and Contract Time shall be increased as provided In Section 14.3.2 ofAIA Document A232-2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4.2 ofthis Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreementto a provision ofAIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8,2 Payments due and unpaid under the Contract shall bear Interest from the date payment is due at the Bate stated below, or in the absence thereof, at the legal rate prevalltng from time to time at the place where the Project is located. (Insert rate of interest Agreed upon, ifarry.) 3/4 of 1% per month § 8,3 The Owner's representative: (Name, address and other irformah'onJ Keith Watts, Purchasing Manager City ofMertdian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other irformation) Monica Munroe The Masoney Center, Inc. 1424 North Orchard Boise, Idaho 83707 Telephone Number: 208-323-9100 Fax Number:.208-327-1600 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. AIA Document A492T"-2009 `formedy A707T"CMa-7992). Copydpht®787a Init. reserved. WARNING: Thla AIAb Document Is protected by U.S. Copyright Lai thla AIA° Document, or any portion of It, may result In severe olvll and crlmin ) the law. Thla document wee produced by AIA soawera e111:72:07 on 09129/2012 resale. Uear Notae: 7902 and 2000 by The Amedcen IneOlule of Arohllecla. All dghte Internaflonal Trestles. Unaulhodzed reproduction ordletribullon of 70 alllee, and will he proeaculetl to lha maximum extent poaelhle under Order No.69W429900 t which explrea on 01/17/2013, and la Ool(or (844387113) § Ii.60therprovlsions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the secfions below. § 9.1.1 The Agreement is this executed AIA Document A132--2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § '9.1.2 The General Qanditions are, ATA Document A232--2009 as modified, General Conditions ofthe Contract for Constructiolir Ctinstrliction Manager es Adviser Edition. § 9.1.3 The $upplerilentary and other Conditions ofthe Contract: Document Title Date Pages Exhibit A Contract Document Schedule 8/23!2012 2 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to thisAgreemerrt) Contract Document Schedule, Exhibit A, dated August 23, 2012 ~ (Table deleted) § 8.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (T'able deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Portions dfAddenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part ofthe Contract Documents are: .1 ATA Document A132TM 2009, Exhibit A, Determination ofthe Cost of the Work, if applicable. .2 AlA Document E201TM-2007, Digital Data Protocol E~cbibit, if completed, or the following: N/A .3 AlA Document E202TM-2008, Building ]nformation Modeling Protocol Bxhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (Lfst here arty additional documents which are intended to form part ofthe Contract Documents. AIA DocumentA232--2009 provides that bidding requirements such as advertisement or invitation to bt4~ Instructions to Bidders, sample forms and the Contractor's bid are notpart ofthe Contract Documents unless enumerated in this Agreement. They should be Zisted here only if intended to be part of the Contract Documents.) AIA Document A1321° -2008 !formerly A701rsCMa -1882). Copydght ®1975, 1980,1992 and 2009 by Tae American IneBtute d Archllects. All rights Inlt• reearved. WARNING: Thla AIAb Document la protected by U.S. Copyright Law end Intematlonal Treatise. Unauthorized reproduction or dlatdbutlon of 11 Ihle AIA° Document, or any portion of It, may result In severe civil antl edminel penalties, and wlil h¢ prosecuted to the maximum extent poaslble under i the law. Thle documentwae produced hl'AIA soflwere et 11:1107 on 08/28/2012 under Order No.690742aB00 1 which expires an 01N7I2073, antl la nolfor resale. Uaar Nolos: (8443W 11 O) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule aze intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions ARTICLE 70 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental ;Conditions modifying AIA Document A232-2009 for changes and additions to Article I l "IlisuranceandBonds": `. Contractor is iequired to provide 100% Payment and Performance Bonds. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A232 2009.), Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement is entered into as of the day and year first written above. ~ ,~D~~- OWNER (Signatu ~I6NTRACTOR ignature) ,cam - Tammy de Weerd ,Mayor. ~-t!L ~~L S SD t-t) ~~ t~(~~~~ (Printed name and title) (Printed name and title) AIA Document A732TM- 2009 formerly A101TMCMe-1992). Copyright 4,1875, 1930, 1992 end 2009 by The Amedcen Inatltute of Architects. All dghts Init. reeervad. WARNING: Thla AIA Document Is protected by U.3. Copyright Law and Internetlonal Trestles. Unauthorized raproductton or diatrlhutlon of ~.t this AIA® Document, or any portion of It, may result In severe civil end cdminal penalties, antl will ba prosecuted to the maximum extent possible antler t the law, Thla tlocument wes produced by AIA eoflwere et 71:12:07 on 0 912 9/2 01 2 under Order No.5907420800 7 which expires on 01!17/2013, end is not for resale. User Notae: (044397113) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A} Meridian Parks 8 Recreation Maintenance Facility 1700 East Lanark S#reet Meridian, Idaho 83642 KC PROJECT N0.12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team; Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer-Musgrove Engineering, P.A. Electrical Engineer - DC Engineering Civil Engineer -Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 3D, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/31!2012 A0.1 Cover Sheet RGHITECTURAL SITE PLAN -Dated 7131/2012 A1.0 Site Plan A1.1 CIVIL -Dated 7/30/2012 C1.0 CoverSheet/Notes C1.1 C2.0 Grading & Drainage Plan -Overall C2.1 C2,2 Grading & Drainage Plan-Area 2 C2.3 C2.4 Roadway Plan & Profile - E, Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Slte & Orading Detalis C4.1 C4.2 Irrigation Details C4.3 C4.4 City of Merldlan Standard Details - 2 C5.0 C5.1 Stormwater Pollution Prevention Plan -2 LANDSCAPE -Dated 7/31/2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3,1 Irrigation Plen (dated 7/1t3/2o12) L4,0 ARCHITECTURAL -Dated 7/31/2012 BLD-A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2,3A A3.OA Reflected Celling Plen A4,OA A5.OA Exterior Elevations AB.OA Maridien Parks 8 Recreation Maintenance Facillly Page 1 of 2 Site Details Topographic & Control Survey Grading & Drainage Plan-Area 1 Roadway Plen & Profile - E. Lanark St. Site Utility Plan Gravity Irrigation Plan & Profile Site, Drainage, and Irrigation Deialls City of Merldlan Standard Details- 1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7 /1 812 01 2) Irrigation Details (dated 711812012) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 A6.1A Wall Sectlons A0.2A Wall Sectlons / Detalls A7.OA Interior Elevations /Details AB.O DoorNUindow Schedule & Details Ag.0 betails/Energy Compliance BLD-B A2.OB FloorlRoof Plans A3.OB Exterior Elevations BLD - C A2.OC Flocr/Roof Plans A3,OC E~erior Elevations /Sectlons A3.1C Wall Sectlons /Details BLD - D A2.OD Floor/Roof Plans A3.Op Exterior Elevations /Sectlons STRUCTU RAL -Dated 7/31/2012 51.0 Structure/ General Nolea S1.1 Speclel Inspecllons S2.OA Foundation Plan Bld A 52.08 Foundatlon Plan Bld B S2,OC Foundatlon /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details -Foundatlon S5.0 Structural Details-Framing MECHANICAL .-Dated 7/30/2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVACPIan-Main Building M1.1 HVACPIan-BuildingG M2.0 HVAC Detalls M3.0 HVAC Schedules PLUMBING -Dated 7/30/2012 P1.0 Plumbing Plan - Bullding A P1.1 Plumbing Plan -- 8ullding C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL -Dated 7/30/2012 E0.0 Electrical Cover Sheet E0.1 Slte Electrlcal Plan E0.2 Electrlcal Roof Plan E1.0 Power Plan- 8ullding A E1.1 Power Plans -Building B, C, & D E2.0 Llghting Plan- eullding A ! E2.1 Lighting Plans -Bullding B, C, & p E3.0 One Line Diagram and Panel Schedules E4.0 Llghting Controls & Compliance Meridian Parks 8 Recreation Maintenance Facility August 23, 2012 Page 2 of 2 T _•}=AIA Document A132TM - 2009 Standard Form ofAgreement Between Owner and Contractor,Construction Manager as Adviser Edition Bld Package No. 9 • Roofing ADDITIONS AND DELETIONS: AGREEMENT made as of the Twenty-Porch day of Augustin the year Two Thousand The amhor of this document has Twelve ~ added information neadetl for Its (In words, irifiricale day, month and year,) completion. Tha author may also have revised the text of the original BETWEEN the Owner; AlA standard form. An AddRlons and (Name, legal status, address and other information) Deletions Report that notes added _ InFormation as well as revisions to the City of Meridian ~ standard form text Is available from 33 East Broadway Avenue the author and should be reviewed. A Meridian, Idaho 83642 ~ - vertical Ilne In the left margin of lhl6 document Intllcates where the author and the ContraCtDC: ~ ~ has added necessary Information (Name, legal status, address atiif other information) and where the author has added to or deleted from the odglnel AIA text. Quality Tila Roofing, Ing. dba Modern Roofing Thls document hee Imponanl legal 8620 West Franklin Road - consequences. Conaultalion with an Boise, Idaho 83709 - attorney Is encouraged with respect Telephone Number: 208.322-2500 to Its temptation or modlncatron. Fax Number: 208-322-2543 This document Is Intentled to ba used for the following PYOjebt: In oonjunctlon with AIA Odcuments T" (Name, location and detailed description) A232 -2000, General Conditions of the Contract for Construcllon, ' ~ ~ ~ Meridian Parks & ]teo'reation Maintenance Facility Conshuctlan Manager es Advisor Edlllon; 8132 Trn-2000, standard 1700 East Lanark Street Form ofAgreement Between Owner Meridian, Idaho 83642 and Architect, Canstrucflon Meneger as Adviser Edlllon; and The Construction Manager;, C132 Tb-2009, Standard Form of (Name, legal status, address and other information) Agreement Between Owner and ' COnaVUCttOn Manager as Advlaer. ICreizenbeck, LLC DBA I{relzenlieck Constructors, 11724 West Executive Drive AIA Document A232T"-2000 Is Boise Idaho 83713 adopted In ihls document by , Telephone Ntunber: (208) 336-9500 reference. Do not use with other FaxNtlmber: (208) 336-7444 general contlltlons unless this document Is modified. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. AIA Document A732T"-2089 formerly A191T"CMa-1992). Copyrlehl®1B7b,1980, 1982 end 28086y The Amertcen Nslltute oilvchllscle, All rights Inlt reserved. WARNING: Thle AIA` Document Is protected by U.S. Copydght Lawantl Internellonal Trestles. Unauthod:ed reproduction or dlaldbutlon of this AIA® Document, or any portion of It, may result in severe civil and erlminal peneltiea, and will ba proaacutetl to the maximum extan! poealble under / the law. This documenlwas protlucetl by AlA SOrlware x117;10;23 an 88/2 812 01 2 under Order No.680742BB00 twhleh expires on 01!17!2913, end is no[for reeele. User Notes: (2903201634) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT ;! DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS. 6 DISPUTE RE$OUITION 7 TERMINATION t7R SUSPENSION B MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 TWE CONTRACT DOCUMENTS 71te ContractDoeuments consist ofthis Agreement, Conditions ofthe Contract (General, Supplementary and other Condiions), Drawings, Speci4ications, Addenda issued prior to execution ofthis Agreement, other documents listed in this Agreement and Modifications issued after execution ofthis Agreement, all of which 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 bity4een the parties hereto and supersedes prior negotiations, representations or agreements, 1' 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 fully execute the Work described in the Contract Documents, except as specifcally indicated in the Contract Documents to ba the responsibility of others. Bid Requirements: Provtda all labor, material and equipment to Install a complete roofing system, formed metal wall panels, and louvers & vents as noted in the construction documents and per the following: Division 1-General Requirements Section 055000 -Metal Fabricdtions'* Section 061000 -Rough Carpenu'yt`* Section 073113 -Asphalt Shingles Section 074213 -Formed Metal Wal] Panels Section 076200-Sheet Metal Flashing and trim Section 077100 -Roof Specialties Section 079200 -Joint Sealants** Section 089000-Louvers and Vents *' As applicable to this scope of work This contract specifically includes but is not limited to: • Furnish and install complete asphalt r0o5ng system, formed meml wall panels, sheet metal flashing & trim, soffit vents, Gable louvers, ridge vents and roof accessories es noted in the consuuctian documents. • Furnish and install underlayment (felt paper and Ice & water shield) as required in all areas associated with roofing and _ metal yell panels. ~. Kerf cut into masonry walls all reglet flashing for watedight installation as indicated by the constmetion documents. ~ Caulking es associated with your work. • Provide all Fall Protection and Safety rails and protection for your work in accordance with OSI-IA Regulations. • Clean the entire roof prior to substantial completion. • Furnish end insfall all miscellaneous wood blacking and Hailers as requved for inslalladan of roof systems in this work package. AIA Document A132Te-200!1 formerly A107TMCMa-19921. CopyrlBhl®7976,1980, 7882 entl 20096y TheAmertcan lnslllute ofArchitecls. All rights Init. reaarvad. WARNING: This AIA Document la protactetl by U.B. Copyright Lawand Intamatlonal Treaties. Unauthorized reproduction °r tlletributlan of this AIA° Document, orany ponlon of It, may result In savors civil end criminal peneltlea, and will ba prosecuted to the mastmum extentpoasthle under / the law. Thla document was produced by AIA eoaware et 17:10:23 on 08121V2012 under Order No.6907428900 1 which expires on 01/1 7120 7 3, and Is not for resale. U°er Notes: (2003207634) • Fti7rnish and install all gutters and downspouts. This includes the custom gutter /chain assembly. Provide all hoisting and lifting equipment required for this scope of work, • Provide and install waterp~ng and flashing for all roof penehations. Refer to plumbing, mechatdcai and electrical for mo£penetratlons. • Swpe of the work remains the same for all buildings identified in the c®sW cllon documents. • Scope of work for alternates remains the same as base bid. (es applicable) This contract specifically excludes: • Pre-engineered Metal Building roofing and siding. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § $.1 The date of commencement of the Work shall ba the date of this Agreement unless a different date is stated below or.piovlsjon is made for the date to be fixed in a notice to proceed issued by the Owner. (insert the dpte'ofcommencement, ifitdiffersfrom the date ofthisAgf~ement or, ifapplicable, state that the date wit! be fated fn a ifalice to jil•oceed) The commencement date will be fixed in a notice to proceed. If, prior to the eomtnet4cement of the Work, the Owner requires time to file mortgages, mechanics' liens and other secueiiy interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contrnofor shall achieve Substantial Completion ofthe entire Work not later than ( )days from the date of coininencemenk oi• as follows: (Insert numbfr of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlief• Substantial Completion ofcertain portions of the Woi•!G) - The C7iitiractoi• shall achieve Substantial Completion of the entire Work not later than May 30, 2013. -(7`able deic(ed) subject to a3justmeri[s ofthis Contract Time as provided In the Contract Documents. (Inssertpravisions ifany, for liquidated damages relating to failure to achieve Substantial Completion on Hme orfor bonus payments for early coinple(tori ofthe GYork) In the event the bonttactor, without excuse, falls to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the.Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or ''/n%oftha Contract Value (whichever is greater) far each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be Liable for liquidated damages for a day, or days of the excusable delay occumng during such period following the end of the Contract Tlme. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below AIA Document A792*"-2008 fonnarly At07TMCMa-1892). COpyrlght®7975,1980, 1992 and 20D9 by the American lna0lute of Arahltects. All rlghte Init. reaervatl. WARNING: This AIA Document Is protected by U.a. Copyright Lawand Intematlonal Trestles. Unauthorized reproduction ordlalrlbutlon of thla AIA® Document, or any portion of It, may result In severe civil antl cnminal penalties, and will be proaeeutetl to the mealmumextentpoaelbla under / the law. This daumentwas produced by AIA software at 11:1023 on 08/20/2072 under Order No.6B07429800 7 which eHplrea on 07/1712079, and le not for resale. User Notes: (2003201634) [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Frice, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stlpulated Sum § 4.Y.1 The Stipulated Sumshall beNinety-Eight Thousand One Hundred Two Dollars and Zero Cents ($ 98,102.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The S]ipulated Sum is based on the following alternates, ifany, which Lire described in the Contract Documents and are hereby accepted by the Owner; (State the numbers or other identjflcadon of accepted alternates. Ifthe bidding orproposal documentspermlt <he Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amounlfor each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if ally: (Identify and state the unit price, and state the guanttty dlmttatlons, if arty, to which the unitprice will be applicable.) Item Units and Limitatlans Price per Unit ($0.00) § 4.2.4 Allowances included. in the Stipulated Sum, ifany: (Id¢ntlfy allowance and slate exclusions; ifarry, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fae without a Guaranteed Maximum Price § 4.3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination ofthe Cost of the Work, plus the Conlractor's Fee. § 4,3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) § 4.3.3 The method of acjjustment of rho Contractor's Fee for changes in the Work: § 4.3.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost ofits portion ofthe Work; § 4,3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( °%) of the standard rate paid at the place of the Project. § ,4.3.0 Unit prices, ifany: (Identify and state the unit price; state quantity limitations, ifany, to which the unit price will be applicable.) Ifem Units and Limitatlona Price per Unlt ($0.00) AIA Document A132T"- 2009 formerly A101T"CMa - 7892). Copydght®1875, 1890,1982 end 2008 by The Amedcen Instllute of Architects. All dghta Init. reserved. WARNING: Thla AIA Document Is protected by U.B. Copyrtght Lew and International Trealles. Unaulhorized raproducllon ordiatrlbutlon of Ihle AIA° Dosumanl, or any portion of It, may result In aavere civil and criminal peneltlee, and will he prosecuted to the maxlmumartent poaalble under t the law. This document was produced by Abl software e111:1029 on 09/29/2012 under Order No.5807429a00 1 which ezpirea on 01117!2013, end Is not for resale. Uasr Notes: (20x7201834) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager far the Owner, in writtng, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work. § 4.4 Cost of the Wark Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost ofthe Work, plus the Contractor's Fee. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or otherprovtston for determining the Contractor's Fee,) § 4.4.3 The method of adjustmetlt of the Contractor's Pee far ahanges in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: § 4.4.5 Rental rates far Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project. § A,4:6 Unit Prices, if any: (ldent(fy and state the unitprice, and state the quantity limfta[ions, tf arry, to which the unit price will be applicable.} Item Units and Limltatfons Price per Unit {$O.OD) § 4.4,7 Guaranteed Maximum Price § 4A.7,1 The sum of the Cost oftha Work and the Conrador's Fea is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in Ufa Wark as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert spec~c provislans if the Contractor is to participate in any savings) § 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described In the Contract Documents and are heieby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Ldentify and state the amounts of any allowances, and state whether they Include labor, materials, or both.) Item Allowance § 4.4.7.4 Assllmptions, if any, on which the Guaranteed Maximum Price is based: AIA Document A1921P-2008 foianerly AlD1TMCMa-1882). COpydght®1976,1980, 1992 antl 20D9 by The American lns3lule oFArchllacla. All rlahta Inlt, reserved. WARNING: This AIA Document Is protected 6y 11•$. Copydght Law antl International Treaties. Unauthodzetl reproducllon ortllstdhullon of this AIA® Document, or any portion of it, may result In asvara civil and cdminal penalties, antl will be prosecuted to the maximum extent possible under t the lew. Thla document was protlucetl by AIA software al 11:10:29 on DB/2e/2012 under Order No.690742Ba00_7 which expires on 01!77/2019, antl Is not For resale. U6er Notee: (2009201334) ARTICLE 5 PAYMENTS ( § 5,1 Progress Payments § 5.7.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upap certification of the Project Application and Project Certificate for Payment ar Application for Payment and `' Certificate for Payment by the Constriction Manager and Architect and issuance by the Architect, the Owner dial l make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5,1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: ' § 5.1.3 Provided that ah Application far Payment is received by the Construction Manager not later than the '1\venty-fifth day of a motith, the Owner shall make payment ofthe certified amount in the Application for Payment to the Contractor not later than the Twenty-fiRh day of the following month, if an Application for Payment is received bythe Construction Manager after the application date fixed above, payment shall be made by the Owner not later than T'hir[y (30) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of Nme.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.7.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions oftha Wrn~k and be prepared in such farm and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. Tmis schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.7,4,2 Applications far Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5,7.4.3 Subject to the provisions ofthe ContractDocuments, the amount of each progress payment shall be computed as follows: .1 Take that portion ofthe Contract Sum properly allocable to wmpleted Work as determined by multiplying the percentage cempletion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in lire approved schedule of values, less retainaga of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not In dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored et the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed uprni in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .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, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.].4.3 shall be fudher modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to hiaease the total payments to Ninety-Rve percent (95.00 %) of the Contrail Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, iffinal completion ofthe Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordancawith Section 9.10.3 ofthe General Conditions, as modified. AIA Document A732TM - 2009 fonnarly A701'"CMa- 7982). Copyright ®1975, 1980, 1992 end 2009 by The American Institute oFArchllecls. All dghta Inlt, reserved. WARNING: Thla AIA` Document Is pro~ecled by U.S. Capydghl Law end Intematlonel Trestles. Unauthorized reproduction ortllsldbutlon of thle AIA° Document, or any portion of 16 may result In aevara elvll and eriminal penaltlea, and will he prosecuted to the maximum extentposalble antler t the law. Thle documentwes produced by AIA software et 11:10:23 an 09!29/2012 under Order No.5sg74290g0_7 which expires on 01l17I2013, and Is not for reaale. User Notes: (2003201034) § 5.1,4.512eduction or limitation of retainage, if any, shall be as follows: (If it is In~endect prior to Substantial Completion ofthe entire Wor/r; to reduce or lfmft the retainage resul[ingfrom the pevicenfdges inserted !n Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. § 5.1.4.8 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion ofthe Wark, § 5.7.5Pragress Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed Maximum Price § 5.1,5.7 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost ofthe Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attri6uta61e to the Coukaator's Fee; plus (3) payrolls for the period covered bythe present Application for Payment. § .5:1;5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the ehd of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5.3 5ubJect to other p1•ovisions of the Contract Documents, the amount of each progress payment shall ba competed es follows: .1 Take the Cost of the Work es described in Exhibit A, Determination ofthe Cost of the Work; .2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall ba computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Conractor's Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtractretainage of percent ( %) from thatportion ofthe Work that the Contractor self-performs; .4 Subtract the aggregate ofprevious payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from erroes subsequently diswvered by the Owner's auditors in such documentation; and .6 Subtract amounts, ifany, for which the Construction Manager or Architect haswithheld orwithdrawn a Certificate for Paymeiit:as provided in Section 9.5 ofAIA Document A232TM 2009, Genetal Conditions of the Contract for Construction, Consruotion Manager as Adviser Edition, § 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subconfracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.51n taking action on the Contractor's Applications far Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information fiunished by the Contractor and shall not be deemed to represent that the Consruction Manager and Architect have made a detailed examination, auditor arithmetic verification ofthe documentation submitted in accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for whet purposes the Contractor has used amounts previously paid on account offlta Contract. Such examinations, audits and verifications, ifrequ'ved by the Ownor, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.8 Except with the Owner's prior approval, the Canhactor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA Document A132TM-2009 `rformerly A701T"'CMa-1992). CopyrlBhl ®1876, 1980, 1882 and 2000 by The Amerlcen Inetllule of Architeeta. All dghle InIL reserved. WARNING: This AIAO Document la proteeletl by U.3. Copyright Lew end Intarnetlonal Trestles. Unaulhodxad reprodueson or dlatrlbutlon or thla AIA° Document, or any porllon of h, may result In savors clvll and erlminel peneltlea, and will be proeaculed to the maximum extent poaalhle under / the law. Thla document was produced by AIA aofhvare x111:10:23 on 06/20/2012 under Order No.5B07429900 7 which explrae on 01/1 712 0 1 3, and la not For reaele. Uear Notes: (20032x1634) § 5,1.5 Progress Payments Where the Contract Sum Is Based on the Cost of the Wark with a Guaranteed Maximum Price §,,$7.8.1~bJith each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted itavoides or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to `demonstrate that cash disbursements already made by the Contractor on account of the Cost ofthe Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.6.2 Eadt Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordadea with the Contract Documents. The schedule of values shall allocate the entire Ctmtract Sum among the various portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Constrrction Manager and Architect may require. This schedule, unless objected to by the Coustruction, Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5.3 Applications for Payment shall showthe percentage ofcompletion of each portion ofthe Work as of the end of the peiiod covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage ofthat portien of the Work which hss actually been completed; or (2) the percetrtage obtained by dividing (a) the expense [het has actually been incurred by the Contractor on account of that portion ofthe Work for which the Contractor has made or Intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5.1.5.4 Subject to other provisions ofthe Contract Documents, the amount of each progress payment shall be colilputed as follows: .1 Take thatportion ofthe Guaranteed Maximum Price properly allocable to cempleted Work as determined by multiplyingthe percentage of completion of each portion ofthe Work by the share ofthe Guaranteed Maximum Price allocated to that portion ofihe Work in the schedule ofvalues. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232-2009; .2 Add that portion ofthe Guaranteed Maximum Priceproperly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in vn•iting; .3 Add the Contractor's Fce, less retainage of percent ( %). The Contractor's Fea shall be computed upon the Cost dithe Work at therate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a .fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Worlc upon its completion; .4 Subtract retainage of percent ( %) from that portion of the Work that the ContradorsClf-performs; ,5 Subtract the aggregate of previous payments made by the Owner; .6 ' Subtract the shortfall, if any, indicated by the Contmetor in the documentation required by Section 5.1.6.] to substantiate prior Applications for Payment, or resulting from errors subsequent[ydiscovered by the Owner's auditors in such documentttion; and .7 Subtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of A1A Document A232 2009. § 5.1.5.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval ofpayments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting date; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. AIA Document A732T^'- 2008 tlormerty A101 T°CMa-19921. Copyrlghl ®1876,1860,1982 and 2008 by The Amedean InsllWle of Arohllects. All rlghla Inlt, reserve®. WARNING: This AIAb Document Is protected by V.a. Copyright Lew antl International Trestles. Unauthorized repraduetlon or tltetribull°n or B thte AlA Doeumant,ar enyportlon of lt, may result in severe civil and criminal penaltlea, and will be proseculetl to the maximum extent posalble under ) the law. Thle tlocumenl was produced by AIA software at 11:10:29 on 0012812012 under Order No.500742g000_t which explrea on 0111712013, and is not for resale. Veer Notes: (2003201634) § 5.1.5.7 Except wiU1 the Owner's prior approval, the Contractor shall not make advance payments to suppliers far matt>rials or equipment which have not been delivered and stored at the site. § 5.2 Flnai Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232--2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination ofthe Cost ofU1e Work when payment is on the basis of the Cost ofthe Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate far Payment has been issued by the Architect; such final payment shall be made by the Owner natmore than 30 days after (1) the Contractor has fully performedthe Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, ar as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Iniflal Declslon Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AiA Document A232-2009 as modified, unless the parties appoint below another individual, not a party to this Ap}•eement, to serve as Initial Decision Maker. (!f the parties tfiutually agree, insel4 the ttame, address and other contact information of the Initial Declslon Maker, if other than the A!•chjtec(.) § 6,2 j3inding Dispgte Resolution Fo~~any Claim subject to, butnot resolved by, mediation pursuant to Section 15.3 ofAIA Document A232 2009 as modified, the method ofbinding dispute resolution shall be as follows: ..(Check the appropriate box. If the Owner and Contractor do not sel¢et a method ofbindittg dispute resolution below, or do not Subseguetttly agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofcompetent jurlsdiction,J [ ] Arbitration pursuant to Section 15.4 of AIA Document A232 2009. [ X ], Litigation in a court ofcompetent jurisdiction. Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contiaet'.Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7,1.2 The Work may be suspended by the Owner as provided in Article 14 of ATA Document A232--2009 as modified. § 7.2 Where the Contract Sum Is Based on the Cost of the Work with of without a Guaranteed Maximum Price § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 ofAIA Document A232-2009. § 7,2.2 The Contract maybe terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contraotor's Fee computed upon the Cost of the Work to the date of termination at the rata stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an AIA DOOUmant A132TM-2009 formerly A101TMCMe-18921. COpydghl®1875,1890, 7882 end 2008 by The American lnalllule ofAmhllecls. All rlghta IDIt, resenratl, WARNING: This AIA Document le protected by U.S. Copyright Law and Inlernatlonal Treallea. Unaulhodrad reproduction or dlstdbutlon of this AlA® Document, or any ponlan of It, may result In aavara clvll end crlminel pensltlee, end will be prosecuted to Iha maximum extent posalhle under t the law. This documentwas produced by AIA sonwere et 11:10:23 on 09/29/2012 under Order Na,5B0742aB00 1 which expires on 01/1712013, and Is not for resale. User Nolae: (2003201634) amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its compldion; and .3 Subtract the aggregate of previous payments made by the Owner. § 7.2.3Ifthe Owner terminates the Contrail for cause when the Contrail Sum is based oaths Cost of the Work with a Ouaran[eed Maximum Price, end as provided in Article 14 of AIA Document A232 2009, the amount if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232 2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2. § 7.2.4 The pwner shryll also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost ofthe Work under Section 7.2.1. To the extent that the Owner elects tD take legal assignment ofsubcantracts anil pwchase orders (including rental agreements), the Contractor shall, as a condition of receiving the paymeats ieferred to`in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcopttacts and other contractual rights of the Contractor, as the Owner may esquire for the pwpose of fully wasting in the Owner the rights end benefits of the Contractor under such subcontracts or pwchase orders. § 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009; in such case, the Contras Sum and Contras Time shall be increased as provided in Section 14.3.2 ofATA Document A232 2009, except that the term 'profit' shall be rmderstood to mean the Contrasor's Fee as described in Sections 4.3.2 and 4.4.2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8,1 Wherereference is made in this Agreement to a provision ofAlADocument A232-2009 as modified or another Contract Document the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 5.2 Payrrients 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, :f arry.) 3/Q of 1% per month § 8.3 The Owner's representative: (Name, address and other information) Keith Watts, Purchasing Manager City of Meridian Purchasing Department 33 Bast Broadway Avenue Meridian, Idaho 83642 § 8,4 The Contractor's representative: (Name, address and other information) Tom Dorarnus Quality Tile Roofing, Inc. dba Modem Roofing 8620 West Franklin Road Boise, Idaho 83709 Telephone Number: 208-322-2500 Fax Nutriber: 208-322-2543 § 8.5 Neither the Owner's nor [he Contractor's representative shall be changed without ten days written notice to the other party. § B.6 Other provisions: AIA Document A132TY- 20081formeriy A101 iMCMa-1992). Copyright®1976, 1890,1882 and 2009 by The Amedcan Ins9tule of ArchlleUS. All rights tmt. reserved. WARNING: Thla AIAt Document la protected by U.a. C°pytlght Lawand Interneaonal Tnatlee, Unauthorized reprod°cll°n or tlistdbullon of .( ~ this AIA® Document, orany ponlon of It, may result in severe civil and criminal penaltlea, and will be prosecuted to the maximum extent poaslbla antler / the law. Thla document was produced by AIA soaware at 11:1 D:23 on O9I2912012 under Ober No.9907429900 1 whleh expires on 01/1712013, and la not for resale. User Notes; (20032010341 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 'g:1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2'I'he General Conditions era, AL9 Document A232 2009 es modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions oftha Contract: Document Title Date Pages Exhibit A Contract Document Schedule 8/23/2012 2 § 9.1.4 The Specifications: (Either list the Spec cations here or refer to an exhibit attached to this Agreement) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.9.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.8 The Addenda, if any: Number Date Pages One 8/10/2012 24 Two 8/17Y1012 432 Portions, of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requfremerits are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents aze: ,1 AIA Doolunent A132T"L2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201T~ 2007, Digitsl Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202T"t-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents,l£any, listed below: (List here arty additional documents which are intended to form part of the Contract Documents. AIA DocumentA232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sampleforms and the Contractor's bid are notpartafthe Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the ConlractDocmnents) All binding documents including the Invitation to Bid, instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be pazt of the Contract Documents. AIA Document A732^"-2009 formerty A701 r"CMa-1882). CopydBht®1s7s, 1ae0, T982 and 2009 by The American lna0luta olAiclrilecls. All rlghta Init. reaervetl. WARNING: Thla AIA Document la protected by U.O. Copyright Lew and Intarnatlanal Treatlea. Uneuthodnd ropraduellan or dlatdbutlon of 11 Lhla AIAa Document, or any poraan of It, may result In severe civil and criminal penalties, and will be proaecutad to lha maximum extant poaelble under t the law. This documentwas produced by AIq soaware at 11:10:23 on 08/2912012 under Order No.6807429900 1 which expires on OT/17I2013, and la not for roaele. Veer Notes: (2003201034) AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1 I of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 „Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. ,.(Slate bonding requirements, if arty, and limits ofliabilityfor insurance required inArticle 11 ofAlA Document A232-2009.) Type of InsurSni:e or Bond Limit of Liability or Bond Amount ($0.00) This Agreement is entered info as of the day and year fvst written above. ~ ~~ o OWNER (Sign t e ,CO~NTRACfiOR (Signature) Tammy de Weerd ,Mayor. lpsn ~~r,..,~r ~i~c-d~ ~ ~~ fPrinfed name and title) (Printed name and title) AIA Document A132^'-2009 (formerly A101 "'CMa-1092). Copydghf 471975,1900, 1992 end 2009 by The American lnaGlute of Architects. All rtghte Init• reserved. WARNING: Thla AIAO Document la protected by U.S. Copyrtght Law and International Trestles. Unauthorized reproduction or dlatrlbutlon of 12 thle AIA° Document, or any portion of It, may result In severe civil end criminal penaltlea, antl will 6e proaecutetl to the maximum extentpoaelble under t the law. rhls tlocumentwes produced by AIA software at 11:10:23 on 08!28/2012 under Order No,5907428800_7 which expires on 0111712013, end la not for resale. Uaer NOtea: (2003201834) CONTRACT DOCUMENT SCHEDULE {EXHIBIT A) ( Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Inslght Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer-Musgrove Engineering, P.A. Electrical Engineer-DC Engineering Civil Engineer- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 3D, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) bRAWINGS COVER -Dated 7131/2012 A0.1 Cover Sheet RCHITECTURAL SITE PLAN -Dated 7131!2012 A1.0 Slte Plan A7.7 CIVIL -Dated 7/30/2012 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan-Overall C2.1 C2.2 Grading & Drainage Plan -Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.o C3.1 Sewer Plen & Profile C3.2 C4.0 Slte & Grading Details C4.1 C4.2 Irrlgatlon Details C4.3 C4.4 Clty of Meridian Standard Details -2 C5.0 C5.1 Stormwater Pollution Prevention Plan -2 LANDSCAPE -Dated 7131/2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plen (dated 7/18/2012) L4.0 ARCHITECTURAL -Dated 7131/2012 BLD -A A2.OA Overall Floor Plan A2.1A A2.2A Flaor Plan Shop B & C A2.3A A3.OA Reflected Ceiling Plan A4.OA AS.OA Exterior Elevations AO.OA Meridian Parks & Recreation Maintenance Faclllty Page 1 of 2 Site Details Topographic 3 Control Survey Grading & Drainage Plan-Area 1 Roadway Plan ~ Prattle - E. Lanark St. Site Utlllty Plan Gravity Irrigation Plan & Profile Site, Drainage, and Irrigation Details City of Meridian Standard Detalls - 1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/1812012) Irdgafion Detalls (dated 7/1 812 0 7 2) Floor Plan Office /Shop A Floor Plen Shop D Roof Plan Building Sections August 23, 2012 A6.1A Wall Sectlons A8.2A Wall Sections /Detalls A7.OA Interior Elevatlons / betails A8.0 DoorNllindow Schedule & Details Ag.O Details/Energy Compliance BLD-B A2.OB Flcor/Roof Plans A3.OB Exterior Elevations BLD - C A2,OC Floor/Roof Plans A3.OC Exterior Elevatlons /Sectlons A3.1C Wall Sectlons /Details BLD - D A2.OD Floor/Roof Plans A3.OD Exterior Elevatlons /Sectlons STRUCTURAL -Dated 7/31/2012 S7.0 Structural General Notes 51.1 Special Inspections 52.OA Foundation Plan Bld A S2.OB Foundation Plan Bld B S2.OC Foundatlon /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Raof Framing Plan Bld A Sd.O Structural Details -Foundatlon 55.0 Structural Detalls -Framing MECHANICAL -bated 7/30/2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVACPIan-Main Building M1.1 HVACPIan-BuIldingC M2.0 HVAC Detalls M3.0 HVAC Schedules PLUMBING -Dated 7/30/2012 P1.0 Plumbing Plan - Bullding A P7,1 Plumbing Plan-Bullding C P2.0 Plumbing Details ' P3.0 Plumbing Schedules ELECTRICAL -Dated 7/30/2012 E0.0 Electrical Cover Sheet E0.1 Slte Electrical Plan E0.2 Electrical Roof plan E1.0 Power Plan -Bullding A E1.1 Power Plans -Building B, C, & D E2.0 Llghting Plan -Building A E2.1 Llghting Plans -Bullding B, C, & D E3.0 One Llne Diagram and Penal Schedules E4.0 Llghting Controls & Compliance Meridian Parka & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 T =_= I Document A'132rn - 2009 .Standard Form ofAgreementBefween Owner and Contracfor,Construction Manager as Adviser Edition Bld Package No. 8- Architectural Millwork AGREEMENT made as df We Twenty-Forth day of August in the year Two Thousand Twelve (In words, indicate day, month and year.) BETWEEN the Ownor: (Name, legal status, address and other information) City of Meridian 33 Best Broadway Avenue Meridian, Idaho 83642 and the Contractor: (Name, legs! status, address and other information) Idaho G1lstom Wood Products, Inc. 11376 West President Drive Boise, Idaho 83713 Telephone Number: 208-322-2610 Fax Number: 208-375-2945 for the following Project: (Name, location and detailed descripn'on) Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 The Construction Manager: (Name, legal status, address and other information) ICreizenbeck, LLC DBA Kreizenbeck Constructors, 11724 West Executive Drive Boise, Idaho 83713 Telephone Number: 208-336-9500 Fax Number:208-336-7444 The Architect: (Name, legal status, address and other iryJormation) Insi t Architects, P.A. ~.... 2238 pttth Broadway Avenue _ ~.: Boise, Idaho 83706 Tdlephone Number: 208-338-9080 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of Ihis document has added Inlormallon needed for Its completion. Tha author mey also have revised the text of the odglnal AIA standard form. An Additions and Dera(lona Repoa that notes added Informatlon as well as revisions la the standard farm text Is available from the author and should be reviewed. A vertical line In the left margin of ihla document Indicates where the author has added necessary Informatlon and where (he author has added to or deleted Uom the original AIA text. This document has Imponenl legal consequences. Conaullagon with an attorney Is encouraged with respect to its completion ar modification. Yhls document Is Intended to be usetl In conjunction with AIA Documents A232*"-2009, General Conditions of the Contract Tor Construction, Canstmc9on Manager es Advlsar Edition; B132T"-2009, SlandaM Form of Agreement Between Owner and Architect, Construction Manager es AdNser Edllion; and C732Te-2009. Standard Form of Agreement Between Owner and Conslruellon Manager es Advlsar. ale Document az3z*M-zoos Is adopted In this dowmenl by reference. Do not use with other generel condgions unless this document Is modliled. AIA Document A732TM-2008 formerly A101TMCMa-1982). Copyd9ht®1x75,1990, 1882 and 2008 by Tha American lns9lute of Architects. All rl9hta Inlt, reserved. WARNING; Thla AIA Document la protected by U.a. Copyright Law and Intarnatlonel Trestles. Unaulhodzed reproduction or dlatributlon or thla AIA° Document, or any portion o} It, mey result In eevere civil and cdminal penalties, end wgl ba prosecuted to the maximum extent poaslble antler t the law. This document was produced byAlA eohwere at 11;09:26 on De/29/2012 under Order No.58W 42aB00_7 which expires on 01!17/2013, and Is not tar resale. User Notes: (2001583763) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF TH13 CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE':a THE CONTRACT DOCUMENTS The Coritrect Documents consist of this Agreement, Conditions of the Contract (Gerteral, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution ofthis Agreement, other documents listed in this Agreement and Modifications issued after exeoution of this Agreement, all of which form the Contract, and are as fii7ly a part ofthe Contract as if attached to this Agreement or repeated herein. The Contract represents the entire andintegrated agreement between the parties hereto and supersedes prior negotiations, representations oragreements, 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 fully execute the Work described in the Contract Documents, except as specifically indicated in .the Contract Documents to be the responsibility of others. Bid Requirements: Provide ell labor, mater[al and equipment to complete a[I architectural millwork as noted in the construction documents and per the following: Division ] -General Requirements Section 061000-Rough Carpentry"" SecfionOb4116-PlastirrLeminate-FacedArchiteclural Cabinets Section 079200- Joint Sealants*" **As applicable to this scope of work Thin contract specifically Includes but is not limited to: • Famish tliiii install all cabinetry and accessories as noted in the wnstruclion documents. • Furri.Eah ar1i1 install countertops and countertop supports. • JnsEalI_ @II laminate suefecing as required. • Furnish and install all plastic laminate window sills as indicated by the construction documents. • Caulking as associated with your work. • Provide all dimensional lumber and framingrelated to construction of cabinetry is Included in this work package. • Furnish and install all finish herdwaze as requhed. • Coordinate all openings ht Cabinets for plumbing and electrical fixtures with Mechanical and Elechicsl Sections. • Coordinate sizes and locations of framing, blocking, furring, reinforcements, and other related units of Work specified in other sections. • Contractor to field verify al] dimensiens. • Scope of the work remains the same for all buildings identified in the conshvction documents. • Scope of work for alternates remains the same as base bid. (as applicable) Intl. AIA Document A732*"-2009 ~fonnerly A101'"CMe-1982). Copytl9hl®1976,1980, 1992 and 2008 by Tha American lna9lute of Amhllents. All rlahis raaarvetl. WARNING: This AIA Document la protected 6y U.S. Copydght Law and International Treaties. Uneuthodzed reproduction or dlatrlbuflon of thle AIA° Document, or any portion of ff, may result In aevare civil and erlminal penaltlea, antl will be prosecuted to the maximum extent poeaible under ) the law. This tloeumentwas produced byAlA sonwere et 71:09:25 on 09/28/2012 under Omer No.690742a900 7 which explrae on 01/17/2073, and Is norlor resale. User NOtea: (2001583703) This contract specifically excludes: • Basking or blocking in walls. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date ofcommencement, if it di~ersfrom the date of this Agreement or, ifapplicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. if, prior to the commencement of the Work, the Owner requires time to Hie mortgages, mechanics' ]iens and other seaprity interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date ofcommencement. § 3.3 The Contractor steal I achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement, or as follows: (Insert number ofca!¢ridm• days. Alternatively, a calendar date may be used when coordinated with the date of cnmmencerirent.Ifappropriate, inserlrequirementsforearlierSubstantialComplelionofcertainportionsofthe Work) The Contractor shall achieve Substantial Completion of the esttire Work not later than May 30, 2013. (Tpble deleted) siibject.to adjustments of this Contract Time as provided in the ContractDocuments. ansertprovistons, jfany, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus payments for early completion of the Work) 'In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Ctintractot shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or Y.% of the Contract Valae (whichever is greater) for each and every calendar day following the end of the.Contrabt Time until Substantal Completion is achieved; provided that the Contractor shall not be liable for ligidated dliinages for a day, or days of the excusable delay occurring during such period following the end ofthe ARTICLE 4" CONTkACT SUM :4:1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The:Contract Sum shall be ono of the fallowing: (Check the appropriate box.) [ X ] Stipplated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ j Cost of the Work plus the Contractor's Fee with a Guamnteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1. S ar 5.1.6 below.) AIA Document A132*•- 20091Iformerly A901 raGMa-19B2). Cnpydeht ®1875, 9880, 1092 and 2099 6y TheAmericen Inatlluta olArohlleels, All rights Init. reserved. WARNING: Thla AIA® Document le protected by U.S. Copyright Law and Inlernatlonal Treaties. Unauthortzatl raprotluellon or dlalrtbullon of this AIA® Document, or any portion of it, may result in severe civil and edminal penaillea, and will be prosecuted to the maximum extent poaslble antler t the law. Thla tlocumenl wee produced by AIA software el 11:09:25 on 08/2812012 under Order No.b907428800 1 which expires on 01/17!2013, and Is not for resale. User NOtes: (2901583793) § 4.2 Stipulated Sum § 4.2,1 The Stipulated Sum shall be Twenty Thousand Two Hundred Thirty-Five Dollars and Zero Cents ($ 20,235.00 ),'Subject to additions and deletions as provided in the Contract Documents. Base Bid $20,235.00 § 4.2.2 The Stipulated Sum is based on the following altemates, if any, which ere described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other ident}Jication of accepted alternates. Ifthe bidding orpropasal documents permit the Qwner t0 accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the'amount for each and the date when that amount expires.) N/A § 4.2.3 Unitprices, if eny: (identify andstate the unitprice, andstgte the quantity limitations, ifarty, to which the unitprice will be applicable.) Item Units and Llmitetlone Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, jf arry, from the allowance price.) IEem Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Pdce § 4.3.1 The Contract Sum is the Cost of the Work as defined I71 Exhibit A, Determination ofthe Cost ofthe Work, plus the Contractor's Fee. § -4.3.2 The Contractor's Fee: (State a lump sum, percentage of Cast of the Work or otherprovisionfardctermining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3.4 Limitations, ifany, on a Subcontractor's overhead end profit for increases In the cost of its portion ofthe Work: § 4.3.5 Rents] rates for Contractor-owned equipment shall not exceed percent ( %) ofthe standard rate paid at the place of the Projects , § 4.3.6 Unit prices; if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Unlta and Limitations Price per Unlt ($0.00) § 4,3,7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Datennination of the Cost of the Work. AIA Document A132Ti+-2009 formerly A701'"CMa-1992). Copyrlghl®1975,1988, 1992 and 2008 by The Amedcen lnatllute oigmhileets. qll aghts Init, reserved. WARNING: This AIA Document Is protected by U.S. Copydght Law and Intematlonel Trestles. Uneulhodzad reproduction ordlatrlbutlon of this AIA® Document, or any portion of It, mey result In severe civil and aaminal panaltlea, and will 6a proeecuted to the maximum extent possible under t the law. This tlowmentwas produced by AIA eoawere e111:09:26 on D9I28I2012 under Order No.59D742680D 1 which explree on 01I17l2013, end Is not for resale. Ueer Notes: (2001563763) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Mexlmum Price § 4,4.1 The Contract Sum is the Cost ofthe Work as deSned in Exhibit A, Determination afthe Cost ofthe Work, plus the Contractor's Fee. § 4.4.2 The Coniractor's Fee: (State a fump sum, percentage of Casr of the Work or otherpravisianfardatermining the Contractor's Fee.) § 4.4.3 The method of adjustment of the Contractor's Fee far changes in the Work: § 4.4.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases h3 the cost of its portion ofthe Work: § 4.4.5 itental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project. § 4.4,0 Unit Prices, if any: (identjfy andstate the uryltprfce, and stole the quantity limitations, if arty, to which the unitprice will be applicable.) Item Units and Limitations Price per Unlt ($0.00) § 4.4.7 Guaranteed Mexlmum Price § 4.4.7.1 The sum ofthe Cost bfthe Work and the Contractor's Fee rs guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as peovided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid 63r the Contractor without reimbursement by the Owner. (insert spec{fic provisions if the Contractor is to participate in arty savings.) § 4.4.22 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in die Contract Documents and era hereby accepted by the Owner: § 4A.7.3 Allowances included in the G<aranteed Maximum Price, if any: (!dent fy and state the amounts bf any allowances, and state whether they include labor, materials, or both.) Item Allowance § 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price Is based: ARTICLE 5 PAYMENTS § 5,1 Progress Payments § -5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractee, and upon certificaflon of the Project Application end Project Cerdftcate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, die Owner shall make progress payments an account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. Inlt AIA Daeumant A132'"-2008 formerly A101TMCMa-1992). Copyright®1975,1880, 1892 and 2009 by Tha Amerlean lnsatule oFArchllecls. All dghta reserved. WARNING; Thla AIA Document la protected by U.a. Copyright Law and Internellonal Troetloe. Unauthodzed reproduction ordlalrlbullon of Lhls AIAm Document, orany ponlon of It, may result In severe civil and orlminal penaltlea, and will ba proaeeutad to the maximum extent poaslble under t the law. This documenlwea protlucad by AIA eofhvare a111:09:26 on 08/29/2012 under Order No.5007A29800 1 whloh expires on 01117/2013, and le not for resale. User Notes; (2991593763) § 5.1.2 Theperiod covered by each Application for Payment shall be one calendar month ending on the last day ofthe mdlifh,'or as follows: § 5.1.9 Provided that an Application for Payment is received by the Constmction Manager not later than the Twenty-fifth day of s month, the Owner shall make payment of the certified amount in the Application for Payment to Hie Conhractor not lat~• than the Twweny-fifth day of the following month. If an Application for Payment is received bythe Construcfion Manager after the application date fixed above, payment shall be made bythe Owner not later than Thirty (30) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of n'me.) § 5.1,4 Progress Payments Where the Contract Sum Is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule dfvalues shall allocate the entire Contract Sum among thevarious portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Axohiteat may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used es a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of complefion of each portion of the Work as ofthe end of the period covered by the Application for Payment. § ; 5.1.4.3 Subject to the provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .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 approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may ba included as provided in Section 7.3.9 of the General Condifions, as modified; .2 Add that portion ofthe Conn•act Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (rn~, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtractthe aggregate ofprevious payments made by the Owner; .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, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4.4 Theprogress payment amount determined in accordance with Section 5.1.4,3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety--five percent (95.00 %) of the Contract Sum, less such amcunts es the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, iffinal completion ofthe Work is thereaftermaterially delayed throughno fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (!f it is intended, prior to Substannial Completion ofthe entire Worly to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere !n the Contract Documents, insert here provisions for such reduction or limitation) No reduction in retainage will be allowed prior to final completion without written approval of the Owner, AIA Document A732Ta- 2000 /formerly A709""CMa -7892). CoDYrl9ht aD 197b, 1890,1892 end 2008 by TheAmerlcen Inelllula oFArohllacls, All rlghte IDIt, reserved. WARNING; Thla AIAb Document Is protected by U.S. Copyright Law and Inlernetlonal Trestles. Uneuthorizctl reproduction or dlaldhullon of thla AIAe Document, or any portion of a, may resulf In severe civil and cdminal paneltlea,and will b° prosecuted to the maximum extent posalble antler t the law. This documantwae produced by AIA soawara e111:OB:25 on 09/2812012 under Omer No.5g07429900_7 which expires on 01/17/2013, and la nol for resale. Ueer Notes: (2001603783) § 5,1.4.8 A condition will be included forbidding moreretainage fiom a conhactor or supplier than retained from their portion ofthe Work. § 5.1.5 Progreso Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed Maxlmum Price § 5.1,5.1 With each App[ication for Payment, the Contractor shall submit the cost wntrol informatien required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion ofthose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5,1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of th'e period covered by.the Application far Payment and for which the Contractor has made or intends to make schist payment prior to thepeictApplication for Payment. § 5,1.5,3 Subjegt to other.provsions of the Contract Documents, the amount of each progess payment shall be computed ds folloiys: .1 Tialte the Costi of the Work as described in Exhibit A, Determination ofthe Cost ofthe Work; .2 ' Add the Confrao[or's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed .:upon ihe:Cost bf the Work described in that Section at the rate stated in that Section; or ifthe Contractor's }?ea is stated as a fixed sum, an amount wlrich bearsthe sameratio to tlratfixed-sum Fee as the Cost of the_ Work bears tc a reasonable estimate of the probable Cost of the Work upon its completion; .9 Subtract retainage of percent ( %} from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate ofprevious payments made by the Owner; -.5 Sulitractthe shoitfall, lfany, indicated by the Contractor in the documentation required by Article 5 or resat#ing from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtrliot amounts, ifany, for which the Construction Manager or Archttecthas withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AiA Document AZ32rM-2009, General Condidons'ofthe Contract for Construction, Construction Manager as Advisor Edition. § ,5.1.5,4 The O}yner; Constructldn Matiager and Contractor shall ogee upon (I) a mutually acceptable procedure for ]•evlew and approval of payments to Sbbcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shalheXedrite subcontracts in accordance with those ageements. § 5:1:5,5In taking action on'tlie Gontrsctor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy ;arid completeness ofthe information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Ardhitect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; rm that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest ofthe Owner. § 5.1.5,6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers far materials or equipment which have not been delivered and stored at the site. § 5.1.6 Progress Payments Where the Contract Sum la Based on the Cost of the Work with a Guaranteed Maxlmum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account ofthe Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion ofthose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application far Payment. AlA eoeument A732TM-2009 formerly A701T'^CMa-1882). Copyrl8hl®1876,1880, 1992 and 2009 by Tae AmeOCan lne0tute ofArohllecU. All rlehta Intl. reaervetl. WARNING: This AIA Gacument Is protected by U.B. Copyright Law and Intematlonal Treatise. Unaulhodzed reproduction or distdbutton of this AIA® Document, or any portion of It, may result In severe civil antl criminal panaltlea, ana will be proaecutsd to the maximum extsnt poaelble under / the law. This dacumanlwes produced by AIA software el 11:09:26 on OBl2B/2012 under Ortler No.5907428800 1 which expires on 01!17/2015, and la not For resale. User Notes: (200/563783) / § 5.1.8.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the 4 Contractor in accordance with the Contract Documents. Tha schedule of values shall allocate the entire Contract Sum among the various portions ofthe Work and ba prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may eequire. 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. § 5,1.8.3 Applications for Payment shall show the percentage of completion of each portion ofthe Work as of Oie end ofthe period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion ofthe Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion ofthe Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guazanteed Maximum Aice allocated to that portion ofthe Work in the schedule ofvalues. § 5:1,6.4 Subjecf to other provisions ofthe Contract Documents, the amount of each pirogress payment shall be computed as follows: :1 Take that portion ofthe Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percenfage of completion of each portion ofthe Work by the share ofthe Guaranteed Maximum Price allocated to that portion ofthe Work in the schedule of values. Pending final determination of wst to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232--2009; .2 Add that portion ofthe Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost ofthe Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, shall bean amount that bears the same rafio to that fixed-sum fee as the Cost ofthe Work bears to a reasonable estimate ofthe probable Cost ofthe Work upon its completion; .4 Subtract retainage of percent ( %) from that portion ofthe Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; _ .8 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Peymant, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amomts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A232-2009. §._ 5.1.5.5 The Owner and the Contractor shall agree upon a (])mutually acceptable procedure for review and approval ofpaytiients to Subwntractors and (2) the percentage ofretainaga held on Subcontracts, and the Contractor shall execute Subcontracts in accordance with those agreements. § '5.1.6.5In taking action on the Contractor's Applications for Payment, the Construcfion Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shell not be deemed to represent that the Constuction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for whatpurposas the Contractor has used amounts previouslypaid an account ofthe Contract. Such examinations, audits andverifications, ifrequired by the Owner, will be performed by the Owner's audtors acting in the sofa interest ofthe Owner. § 5.1.8.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials oe equipment which have not been delivered and stared at the site. § 5,2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance ofthe Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully perfoemed the Conhact except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232--2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; AIA Daeumsnt A132T"- 2008 formerly A101'sCMa-1882). Copyright®1975,18110, 1982 and 2008 by The Amedean InatlWle of Architects. All rlghte IRIt• reservatl. WARNING: Thla AIA Document le protected by U.S. CopydBht Law antl Internetlonal Treatlea. Unauthorized reproduction or tlleldbullon oT Ihle AIA° Document, or any portion of It, may result In severe civil and criminal penaltlea, end will be prosecutetl to tfie maximum extent poeel6le under ! the law. Thla dowmenl was produced by AIA eoaware al 11:09:26 on OBlZBI2012 under Order No.5807428900 1 whleh expires on 01/17!2073, antl la not far rBSaIB. Ueer NOtae: (2001553783) ,2 the Contractor has submitted a final accounting for the Cost ofthe Work, pursuant to Exhibit A, Determination ofthe Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and :3 a final Certificate for Payment or Project Certificate for Payment has been Issued bythe Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or RoJeot Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.71nitlal Declsfon Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232 2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker: (If the parties niutuplly agree, insert the name, address and other contact iryformation ofthe Initial Decision Maker, if other than the Architect.) § 8.2 Blnding Dispute Resolution For any Claim suliject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-20D9 as modified, the Itietliod of binding dispute resolution shall be as follows: ,.- (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not sttbsequenfly agree in wilting to a binding dispute resolution method other than lid'gation, Claims will be resolved by lifigatlott in a court afcompetentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232--2009. [ X ] Litigation in a court of competent jurisdiction. [ ] other. (Spec{fy) ARTICLE ~ .TERMINATION OR SUSPENSION § 7.7 Where the:-Contract Sum la a Stipulated Sum § 7.7,1 The Cotitraot may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as mpdiSed. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009 as modified. § 7.2 Where tfie Contract Sum Is Based on the Cast of the Work with or wlEhout a Guaranteed Maximum Pdce § 7:2:7 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232--2009. § 7,2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 ` `Take the Cost of the Work incurred by the Contractor to the date of termination; .2 "Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rata stated fn Sections 4.3.2 or 4.4.2, as applicable, or, ifthe Contractor's Fee is stated as a fixed sum, an amount that bears the soma ratio to that fixed-sum Fee as the Cost of the Work at the lima of terminatien bears to a reasonable estimate of the probable Cost of the Work upon its completion; and ,3 Subtract the aggregate of previous payments made by the Owner. § 7.2,3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Rice, and as provided in Article 14 of AIA Document A232 2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AiA Document A232-2009 shall not cause the Guaranteed Maximum Price to ba exceeded, nor shall it exceed the amount calculated in Section 7.2.2. AIA Document A13Z'a - 2009 formerly A107T'^CMe- 7892). Copyright ®7876, 7880, 1982 entl 2008 by The Amedcen Ins[ilule of Archltems. All dghts Intl. reservetl. WARNING: Thla AIA Document la protected by U.9. Copydght Law entl Internellonal Trestles. Unauthadzed reproduction or dlsldbutton of thle AIA° Document, or any portion of It msy result In eavere clvll entl cdminel penalties,and will be prosecuted to the maximum extent paealble antler t the law. Thla document was produced by AIA software at 71:09;25 on 09/29/2012 under Order No.6907428t100_7 which expires on 07/17/2073, aM Is notfor reaele. User Notes: (2007593793) § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor thatthe Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7,2,1, To the extent that the Owner elects to take legal assignment of subcontracts 'arid purchase orders (including rental agreements), the Contractor shall, as a condition of eeceiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of suah subwntracts and other conh•actual rights ofthe Contractor, as the pwner may requiee for the purpose of fully vesting In the Owner the rights end benefits of the Contractor under such subcontracts or purchase orders. § 7.2.5 The Work maybe suspended by the Owner as provided in Art[cle 14 of AIA Document A232-2009; in such case, the Contract Sum and Contract Time shall be Increased as provided in Section 14.3.2 of AIA Document A232-2009, except that the term 'profit' shall be understood to mean the Conhactor's Fee as described in Sections 4.3.2 and 4,4.2 of this Agreement. ARTICLE 8 . MISCELLANEOUS PROVISIONS § 8.1 Where eeference is made in this Agreement to a provision of AiA Document A232-2009 as madified or another ContraetDoaument the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents. § 8,2 Payments due and unpaid under the Contract shall bear hlterest 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.) 3/4 of 1°/a par month § 8,3 The Owner's representative: (Name, address and other information) Keith Watts, Puttdlasing ivlailagar CityofMaridien Purchasing Deparril`ldnt 33 East Broadway,Avenue Meridiaii, Ide~o 83642 § 8.4 The ,Contractor's representative: (Name, address herd other information) Ken Shockey Idaho Custom Wood Products, Inc. 11376 West P_ resident Drive Boise, Idaho 83713 TelephoneNu_mber; 208-322-2610 Fax Number> 208-375-2945 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § B.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution ofthis Agi~eement, are enumerated in the sections below. § 9.1,7 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Ageaement Between Owner end Contractor, Construction Manager as Adviser Edition. AIA Document A132""-2009 formerly A701 ""CMa-1882). Copyrlghl 191875,1880, 1882 and 20096y The American lnaflluk olArchltecle. All rights init. reserve®. WARNING: Thle AIA Dooument Is protected by U.B. Copyright Lew end Internallonal Treatlea Unaulhodzed repmtluctlon or tllelribullon of 10 this AlA Document, oreny portion oFll, may result lnsavere civil and criminal penalties, and will be prosecuted to the maximum axlant possible under / the taw. Thla document wee produced by AIA sofhvare a111:08:25 on 06!20/2012 under Order No.5907426600 1 which ezpires on 01/17/2013, entl le nolfor resale. User Notes: (2001683783) / § 9.1,2 The General Conditions arc, AIA Document A232-2009 as modified, General Cond[tions of the Contract far 4 Construction, Construction Manager as Adviser Edition. § 9.1.3 the Supplementary end other Conditions of the Contract: Document Title Date Pagea Exhrblt A Contract Document Schedule 8/23/2012 2 § 9.1,4 The Speclftcatians: (Either list the Spec cations here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (2'ab/e deleted):, § 9.1.5 The Dtawings::, (Ei'ther Ir,'st the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted):, § g.1.5 The Addenda, :if any: Number Date Pages Qhii 8/10/2012 24 Two 8/17/2012 432 Portions of Addenda relating to bidding requirements aze not part of the Contmct Documents unless the bidding requirements ere als..o enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part ofthe Contract Doouments aze: .1 AIA Dpoum¢nt A132TM 2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201T"L2007, Digital Data Protocol Exhibit, if competed, or the following: N/A ,3 AIA pocument E202TM.-2008, Building Information Modeling Protocol Bxhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (List here arty additional documents which are intended toform part of the ContractDacuments. ALt DacumentA23z-2009 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders, sample forms and the Contractor's bid are not part ofthe ContractDacuments unless enumerated in this Agreement. They should be listed here only tf fntended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents: AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall pw•chase and maintain insurance and provide bonds asset forth in Article 11 of AIA Document A232-2009 as modified 13efer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". AIA Document A732Ta-2008 (formerly A101T"CMa-1992). Copyrl8h10197b,1880, 1992 and 2008 by The Amednen Institute olAmhltecls. All rights Init. reserve. WARNING: This AIAb Dooumsnl is protected by U,S, Copyright Law and Infernatlonal Treatlea. Unauthorized reproduotlon ordistrihutlon of 11 this AlA Document, or any portion o(It, may resultln severe civil and criminal penalties, and will he preaecutetl to themsximum extent poaelhle under / the law. Thla tlocumenl was protluced by AIA software a111:09:26 on 00120/2012 under Order No.6s07429900 1 which expires on 01/17/2013, and is not for reacts. User Notes: (20016ea703) Contractor is required to provide 100% Payment and Performance Bonds. ( (State bonding requirements, if any, and Itmits ofliability for insurance required inArticle 11 ofAlA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) 17tis Agree`ment-is entered into as of the day and year fvst written above, ~/~ OWNER (Sign n C CTOR (Signature) Tammy de Weerd ,Mayor Kev, 5{~l 0 aket,, t VI t.f/ ~f ,L5 i d.eytl' (Printed name and title) (Printed name and,ti le) 4 Init. AIA Document A132TM-2008 ~fomredy A707 zMCMa -1952), Copyright ®7976, 7960, 1992 end 2009 by Tha Amedcen Insdtuta oFArohltads. All dghta reserve®. WARNING: This AIA Document Is protected by U.S. Copyright Lew and Internallonal Trestles. Unauthorized reproduction or dlatdbution of ~ 2 this AIA Document, or any portion of It, mey result In eevare civil end crlminai penalties, end will be prosecuted to the mexlmum extent possible under y the law. Thle documenlwes produced by AIA software 9111:05:25 on 06!26/2012 under Order No.5607426600_1 which expires on 07117!2013, end la notfor resale. User NOtea: (2001563763) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) ( Meridian Parka & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer-Musgrove Engineering, P.A. Electrical Engineer - DC Engineering Civil Engineer-Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/3 712 0 7 2 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN --Dated 7/31/2012 A7.0 Site Plan A1,1 CIVIL -Dated 7/30/2072 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan -Overall C2.1 C2.2 Grading & Drainage Plan -Area 2 C2,3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Site $ Grading Details C4.1 C4.2 Irrigation Details C4.3 C4.4 City of Meddlan Standard Details - 2 C5,0 C5.1 Stormwater Pollution Prevention Plan-2 LANDSCAPE -Dated 7/37/2072 or as Indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plan {deted7ile12012) L4.0 ARCHITECTURAL -Dated 7/37/2072 BLD-A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A ( A3.OA Reflected Ceiling Plan A4.OA A5.OA Exterior Elevations AS.OA Meridian Parks & Recreation Maintenance Facility Page 1 of 2 Slle Details Topographic & Control Survey Grading & Drainage Plan -Area 1 Roadway Plan & Profile - E. Lanark St. Site Utlllty Plan Gravity Irrigation Plan & Proilla Site, Drainage, and Irrigation Details City of Meridian Standard Details-1 Stormwater Pollution Prevention Plen -1 Landscape Plan Landscape Plan (dated 7!1812012) Irrigation Details (dated 7110!2012) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Bullding SecOons August 23, 2072 A6.1A Wall Sections A6.2A Wall Sections /Details A7.OA Interior Elevations /Details AB.O Daor/Window Schedule & Details Ag.O Details/Energy Compliance BLD-B A2.OB Floor/Roof Plana A3.OB Exterior Elevations BLD - C Az,OC Floor/Roof Plana A3.OC Exterior Elevaticns /Sections A3.1C Wall Sections /Details BLD - D A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Sections STRUCTURAL -Dated 7/31/2012 S1.D Structure/ General Notes S1.1 Special Inspections S2.OA Foundetlon Plen Bld A S2.OB Foundetlon Plan Bld B S2.OC Foundetlon /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details-Foundetlon S5.0 Structural Details-Framing MECHANICAL -Dated 7/30/2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVAC Plan -Main Building M1.1 HVAC Plan-Bullding C M2.0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7!30/2012 P1.0 Plumbing Plan - Building A P7.1 Ptumbing Plan - Bullding C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECT RICAL -Dated 7130!2012 E0.0 Electrical Cover Sheet E0.1 Slte Electrical Plan E0.2 Electrical Roof Plan E1.0 Power Plan -Bullding A E1.1 power Plans -Bullding B, C, & D E2.0 Lighting Plan -Building A E2.1 Llghting Plans -Bullding B, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Lighting Controls & Campllance Meridian Parks 8 Recreation Maintenance Facllily Augusf 23, 2012 Page 2 of 2 ~ =_aAlA Document A132Tn - 2009 Standard Form ofAgreementBefween Ownerand Confractor,construction Manageras Adviser Ediflon eld Package No. 7-Wood Framing and Wood Truasee ADDITIONS AND DELETIONS: AGREEMENT made as of the Twenty-Fords day. ofAugust in the year Two Thousand The author of this tlocumenl has Twelve ~ addatl Informatlon needed for its - (In words, trrdtcale day, month and year.) complellon. The author may also have reNaed the tars of the odglnal BETWEEN the Owner: AIA atenderd form. An Adalflans and (Name, legal status, address and other Informatlon) Deletions Reportthatnoses added Informatlon as well as revlslons to the City of Meridian standard form text Is available from 33 East Broadway AVenue fhe author end should be raNewed. A Meridian, Idaho 63642 vartlcal Ilne In the left margin of this tlacument Indicates where the author and the Contractor: has added necessary Informatlon (Name, legal status, address and other information) and where the authorhas added to ar deleted from the origlnel AIA text. Leighton Bnterprlses, Inc. This document hoe important legal 2624 North Pronghorn Land consequences. Consuttatlon with an Eagle, Idaho 83616 atlomey Is encouraged wllh respect Telephone Number; 208-938-038 to Its complellon or modlifcatlon. Fax Number: 208-938-6229 This document is Intended to be used for the following Project: in conJuncllon with AIA Dacumems T"' • (Name, location and detailed descrlptlon) A232 -2008, General Conditions of the Contract far consbucgon, Meridian Parks & Aeareation Maintenance Facility Conalrucllon Manager as Adviser Edltlon; B132TM-zoos, Standard 1700 East Lanark Street Form of Agreement Between Owner Meridian, Idaho 83642 antl Architect, Construcllon Manager as Adviser EdI110n; and The Construction Manager: C132Ta-21709, Standard Form of (Name, legal status, address and other information) Agreement Between Owner end Consuucllon Manager es Advlaer. I{raizenbeck, LI,C DBA I{reizenbeck Constructors, 1 1724 West Executive Drive AIA Document A232*^+-21709 le . Boise Idaho 83713 adopted In lhls document by , Telephone Number: (208) 336-9500 reference. Do not use with other Fax Number: (208) 336-7444 general condlltons unless Ihls document is madiaed. Tfie Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idelio 83706 Telephohe Number: (208) 338-9080 Tha Owner and Contractor agree as follows. AIA Document A192TM- 2008 formerly A101T'^CMe-1992). Copydghl ®1876, 1880,1802 end 2008 by The American msafule of Archllecla. All dghte Init. reserved. WARNING: 7hla AIA Doeumant I° protected by U.S. Copydghl Lawand International Treaties. unauthodzed reproduction or dlatdbutlon of this AIA° Document, or any portion of it may result In aevara clvll and criminal penalties, and will ba prosecuted to lha maximum extent posalble under ! the law. This document wee produced by AIA s°awere at 11:00:26 on OB/20I2012 under Order No.6007428000_t which expires on 01117/2013, antl le nos /or resale. User Notes: (1063102620) TABLE OF ARTICLE3 1 THE CONTRACT bOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4, CONTRAGTSUM 5 PAYMENTS ;; .... 8 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents coilgist of this Agreement, Conditions of the Conhact (General, Supplementary and other Conditions), Drawings, SpgCificatlons, Addenda issued prior to execution ofthis Agreement, other documents listed in this Agreement and Ivledlfications issued after execution of this Agreement, all of which form the Contract, end are as fully a part of the Confra9t a~ 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 oragreements, 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to bathe responsibility of others. Bid Requirements: Provide all labor, material and equipment to complete the furnishing and installing of all woad framing, wood trusses, wood sheathing, and wood fasteners as noted in the construction documents and per the following: Division 1-General Requirements Section 061000-Rough Carpentey Section 061600 -Sheathing Section 061753 -Shop-Fabricated Wood Trusses Section 062013 -Exterior Finish Cazpentty Section 079200 - Joint Sealams** Section 092216 NonStmehual Metal Framing" •' As applicable to this scope of Work This contrnct apeciRcally includes but is not limited to: • Provide al(labor, materiel and equipment to furnish & install all dimensional framing material, wood trusses, mot sheathing, wall sheatlilng, soffits, fascias, beams, blocking and wood Hailers in accordance wlththe construction documents, This Includes roof sheathing over metal decking. • Fumish and install all prefabricated wood trusses and associated blocking end hangers required for a complete installation in accordance with truss manufacturers requirements and recommendations. • Pmvido and install all labor and material as required to cmnplete al I roof overbuilds. • Furnish and install all miscellaneous Simpson hardware, seismic wnnectors, straps, clips, all threads, hold downs, etc., as :required. Fumish and install all hardboard soffits and trim in accordance with the cons W lion documents, Fuirush and install Z furring channels at front entry canopy as indicated by the censuuctlon documents. • Furnish and install all Hailers and bolts attached to steel as indicated to the wnstmdion documents. (Steel to be pre-drilled) • Framing contractor is responsible for additional drilling and bolting ofnailer boards at joints seams as required to complete this work, Init. AIA Document A1921N-2008 ~formorly A101*•cMa-1992). Copyright®1075,1880, 1882 end 20D9 by The American lna0lule ofArchttects. All rights reserved. WARNING: This AIA Document Is protected by U.3. CopYdOht Lawsnd Inlernatlonal7reatles. Unsuthodzed reproduoUon or dlstributton of this AIA® Hocumant, orany portion of It, may result in severe civil antl edminel peneltlea, end will be proeacuted to the maximum extent poeslble under ! fhe law. This document was produced by AlA soawere aL 11:05:25 on 05!25/2012 under Order No.5807420800_l which expires on 0 7 77 712 013, antl la notfor resale. User Nales: (1569152520) • Provide and install all fasteners and glue to complete work tinder this work package. Drilling and epoxy as required for completing all work within this work package. • Frema all access doors. Coordinate with mechanical 8c electrical trades. Famish and install mechanical platform in Building "A" as indicated by the conshuction documents. • Provide hoisting and unloading for all materials handled under this work package. • Furnish and install blocking and backing a9 required for installation of ceiling mount equlpmenk Coordinate with mechanical and electrical contractors. • Furnish and install blacking in trusses at wall location running parallel to trusses as indicated by the construction documents • Drill 1" holes iri blocking at truss to masonry wall canneotion. • Al] framing practices shall be in accerdance with OSHA standazds and requirements. • Scope ofthe work'ramains the same for al! buildings identified in the constmdion documents. • Swpe of work fnr alternates remains the same es base bid, (as applicable) • Furnish and install attic draft stops as indicatedbythe construction documents. This excludes attic draft stops access doors by others. This contract specifically excludes: •~ Sedion064116-PlasdcI.aminatedFaceArchilectumlCabinets. • Wood sheathingboards for Utility work. • Wcod Sheathing for wall type 6 & 7 • Pre finished metal fascia. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3,1 The date of commencement ofthe Work shall be the date of this Agreement unless a different date is slated -below or provision is made for the date to be fixed in a notice [o proceed issued by the Owner. (insert the date ofcommencement, jf it d~ersfrom the date of thisAgreementar, ifapplicable, state that the date will be fried to a notice to proceed) The commencement data will be fixed in a notice to proceed. If, prior to the commencement ofthe Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the data of commencement. § 3.3 The Contractor shat l achieve Substantial CoropleNon of the entire Work not later than ( )days from the date ofcommencement, or as follows: (Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement If appropriate, insert requirernentsfor earlier Substantial Completion of certain portions of the Work,) The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013. .(Tdbledeleted) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if arry, for liquidated damages relan'ng to failure to achieve Substantial Conrpleh'on on time or for bonus paymeryts for early canpletion of the Work) In the event the Contractor, without exouse, fails to achieve Substantial Completion within the Contract Time, the Contractor shah pay to the Owrter as liquidated damages, and not as a penalty, iha sum of Ona Thousand Dollars ($1,000.00) or'/,% ofthe Contract Value (whichever is greater) for each and every calendar day following the end of The Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring dwing such period following the end ofthe Contract Time. Init. AIAD°cument A132*a-2008 ~fomtedy A101T"CMa-7892). Capyrl0hl®1875, lase, 1892 end 2aoB by Tha American lnetltute of Archltecls. All rlghle reaervem. WARNING: This AIA Document Is protected by V.9. Copyright Law and Int•rnatlonal Trestles. Unauthorized reproduction or dlatributlon of 3 this AlA Document, orany ponl°n of it. may result In severe ctvll end cdminal penatliee, end w1116e prosecuted to the maximum extent poaalbls under / the law. This document wee praducatl by qIA software et 11:08:25 on 05129/2012 under Ober N°.590742BB00 1 which expires on 01/17/2013, and Is not for resale. Uear Notes: (7869152620) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for dte Contractor's performance of the Contmct. The Contract Swn shall be one ofthe fallowing: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guazanteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 9.4 below. Based on the selection above, also complete either Section 5.1.4, S.I.Sor5.1.6below) § 4.2 Stipulated Sum § 4.2,1 The Stipulated Sum shall be One Hundred Twenty-Three Thousand Five Hundred Eighty Dollars and Zero Cents ($ 123,580.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bld $123,580.00 § 4.2,2 The Stipulated Stun is based on the following alternates, if any, which are described in the Conh•act Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution ofthlsAgreement, attach aschedule ofsuch other alternates showing the amauntfor each and the date when that amountexpires.) N/A § .4.2.9 Unit prices, if any: (identify and stale the unit price, and state the quantity limitations, ifarry, to which the unit price will be applicable.) Item Unlta and Llmltatlons Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any; (Identify allowance and state exclusions, if arty, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Pdce § 4,3,i The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination ofdte Cost ofthe Work, plus the Contractor's Fee. § 4.3,2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or otherprovision for determining the Contractor's Fee.) § A.3:3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Worlr: AIA Document A132Ta-2009 formerly A101 TMCMa-1B92l. Copydghl®1976,1990, 1992 and 20096y TheAmedcen Naliluta oFArohllecls. All rights Init. reserved. WARNING; Thls AIA Document Is protected by U.S. eopydgM Law and Internallonal Treaties. Unaufhodzed reproducaon or dlatdbullon of 4 thla AIA® Document, orany portion of It, may result In severe civil end erlminsl penalties, and will he proeeculed to the maximum extent poealble under i the law. This documentwes produced by AIA soltwara el 11:09:26 on O9/29I2012 under Order No.5907429900_1 which explrea on 07/17/2013, entl le not for resale. User Notes: (19531 e252o) §4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project, § 4,3.5 Unit prices, ifany; (Identify and state the unit price; state quantity limitations, ifany, to which the unitprice will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.3.7 Tore Corihuctoi• shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within i4 deiys`pf executing this Agreement. The Contro] Estimate shall include the items in Section A.1 of Exhibit A, Detenniriafion:of the Cost of the Work. § 4.4 Cost of the Work Plua Conlraetor's Fee with a Guaranteed Maximum Price § 4.4.1 Tha Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contraotor's Fee. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or otherprovtsionfor determining the Contractor's Fee.) § 4,4.317re method of adjustment ofthe Contractor's Fee for changes in the Work: ~ § 4.4.4 Limitations, ifany, on a Subcontractor's overhead andprofit for increases in the cost of its pardon ofthe Work: § 4.4.5 Rental rates for Contractor-owned equipment shat I not exceed percent ( %) of the standard rate paid at the place of the Project. § 4A.5 Unit Prices, ifany: (Ident~ andstate the unit price, andstate the quantity limitations, ifany, to which the unit price will be applicable.) Item Units and Limitations Price per Unlt ($0.00) § 4.4.7 Guaranteed Maximum Price § 4.4.7.1 The sum of the Cost ofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in tha Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents es the Guaranteed Maxunum Prico. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert spec~c provisions if the Contractor is to participate in arty savings.) § 4,4,7.2 The Guaranteed Maximum Price is based on the following alternates, ifany, which are described in the Contract Documents and are hereby accepted by the Gwner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, ifany: (Ident(lj+ and state the amounts of any allowances, and state whether they Include labor, materials, or both.) AIA Document A192*"-2009 formerly A107'aCMe-18921. Copydghl®1975,1960, 1992 end 20086y The Amedoan lns9tute of Archllects. All rlghte Init. reserved. WARNING: Thle AIAt Document Is protected by U.9. Copydght Law and Infernatlonal Trestles. Unauthorized reproduction ordistdbutlon of thla AIA° Document, oreny portion of It, may resultin savers civil antl criminal penalties, and will be proeeeulatl to the maximum extent poealble under t the law. Thla Document wee produced by AIA software of 11:08:26 On O6/2(II2012 under Order No.59D7426e00 1 whloh expires on 01/17!2019, end le not for resale, Usar Notes: (1869182620) Item Allowance § 4;4.7.4 Assumptions, if any, on which the G<taranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5,1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and ,upon certiftcatIon of the Project Application and Project Certificate far Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. § .5,7.2 The,period covered by each Applicatiolt for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.7,3 Pr'oyided that an Application for Payment is received by the Construction Manager not later than the Twenty-fi$h day of a month, the Owner shall make payment ofthe certified amount in the Appllcation fox Payment to lhhe Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Gonstruotion 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. (Federal, state ar local laws may require payment within a certain period of dine.) §,5.1.4Progresa Payments Where the Contract Sum is Based on a Stipulated Sum § :5,7,4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Coiitractoi• and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The sdtedule of values shall allocate the entire Contract Sum among the various portions ofthe Work and bfl prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager ar Architect; shall ba used as a basis for reviewing the Contractor's Applications for Payment. §..51.4.2 Applications for Payment shall show the percentage of wmpletion of each portion ofthe Work as ofthe end of t11e period covered by the Application for Payment. § 5.1.4.3 Subject to the pxovlsioas ofthe Contract Documents, the amount of each progress payment shall be competed as follows: .1 Take thatportion 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 approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in fhe Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add tfa~ 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 writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .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 CandiHons, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. AIA Document A732'"-2008 fomisrly A701 TMCMa-19921. Copyrl9ht®1Wb,1900, 1082 and 2009 by The Amedcan lns5lule ofArchltecla. All rights Init. reserve. WARNING: Thle AIA Document Is protected by U.9. Copyright Law and International Treatise. Unauthorized reproduction ordlatdbuflon of ti this AlA Document, or any podlon of R, may result in severe civil and edminal penaltlea, and will be prosecuted la the maximumextentpoealble under 1 the law. Thla document wee produced by AIA software et 11:09:25 on O9M9/2012 under Order No.6907429900 1 which expires on 01/1712013, end la not for resale. User Notes: (1e53192520) § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of [he Work, a sum sufficient to increase the total payments to Ninety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for inwmplete or defective Work, or both and unsettled claims; and .2 Add, if final wmpletion of the Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in acwrdanca with Section 9.10.3 ofthe General Conditions, as modified, § 5.1.4.5 Reduction or ]imitation of retalnage, if any, shall be as follows: (Ifit is intended, prior to Substanh'a1 Completion ofthe enure WorlS to reduce or limit the retalnage resulttngfrom the percentages inseMecllii Sections 5.1.4.3,1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction ar limitation) No reduction in retalnage will. ba allowed prior to final completion without written approval of the Owner. § 5.1.4.5 A condition will be included forbidding mare retalnage fiom a contractor or supplier than retained from their portion of the Work. § 5.1.5 Progress Payments Where the Contract Sum is Based on the Coat of the Work without a Guaranteed Maximum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost wntrol information required in Exhibit A, Determination of the Cost of the Worly along with payrolls, petty cash accounts, receipted invoices or invoices with cdleck vouchers attached and any other evidence requ'ved by the Owner, Construction Manager or Architect to demonstrate that. cash disbursements aheady made by the Contractor on account of the Cost of the Work equal rn• exceed (1) progress payments already received by the Contractor; less (2) that portion of dlose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 6.1.5.3 Subject to other provisions of_ihe Contract Documents, the amount of each progress payment shall ba computed as follows: .1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Contractor's }?ee, less retalnage of percent ( %), The Contractor's Fee shall be wmputed upon the Cost ofthe Work described in that Section at the rate stated in that Section; or if the Contractor's Feels stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtractretainage of percent ( %) from that portion of the Work that the Contractoe self-performs; ,4 Subtract the aggregate of previous payments made by the Owner, .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and ,6 Subtract amounts, if any, for which the Construction Manager or Architecthas withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AIA Docmnent A232TM 2009, General Conditions ofthe Contract for Construction, Construction Manager as Adviser Edition. § 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retalnage held on Subcontracts, and the Contractor shall gxecute subcontracts in accordance with those agreements. § 5.1.5.5In taking action on the Contrador's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information filrrtished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, auditor arithmetic verification ofthe documentation submitted in accordance with Article 5 or other supporting data; that the AIA Document Ala2r"-2008 fprmeny A101'"CMa-7992). Copyright®1875,1880, 1882 and 20096y The American lnaflWle of Architecle, All rights 101t, reserved. WARNING: Thla AIA Document la protected by U.a. Copyright Law end Intematlonal Treallea. Unauthodzed reproducllon ordlaldbutlon of thla AIA° Document, or any portion of It, may result In severe civil end criminal penalties, and will ha prosecuted to lha mealmum extent poaslble under / the law. This dcewnenl wee producetl by AIA sollware e117:OB:26 on OB/2B/2012 under Order No.590742BB00_7 which explree on 07177!2013, and Is notfor resale. User Notes: (iB591826Z0) Construction Manager and Architect have made exhaustive or continuous on-site inspections; ar that the Constriction Manager and Architect have made examinations to ascerlainhow ar for what pueposes the Contractor has used amounts previously paid on accoant of the Conn•act. Such examinations, audits and verifications, ifrequired by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1,5.5 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site, § 5,1.5 Progress Payments Where fhe Contract Sum Is Based on the Cost of the Wark with a Guaranteed Maslmum Price § 5.1.5.1 Wlth each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (I) progress payments already received by the Contractor, less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered bythe present Application for Payment. § 5.1.5.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate fire entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architeat, shall be used as a basis far reviewing the Contractor's Applications for Payment. § 5,1.5.9 Applications for Payment shall show the percentage of completion of each portion ofthe Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percenhtge of that portion of the Work which has actually been wmpleted; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application far Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5.1.5.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall ba computed as follows: .1 Take that portion ofthe Guaranteed Maximum Priceproperly allocable to completed Work as determined by multiplying the percentage of completion ofeach portion ofthe Work by the share of the Guaranteed Maximtun Pricc allocated to that portion of the Work In the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amoums not in dispute shall be included as provided ht Seotion 7.3.10 of AIA Document A232--2009; .2 Add that portion ofthe Guaranteed Maximum Price properly allocable to materials and equipment delivered anti suIfably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Contraotor's Fee, less reteinege of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Conhactor's Fea is stated as a fixed ruin in that Section, shall ba an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of die probable Cost of the Wark upon Its completion; ,4 Subteact retitinage of percent ( °/a) from that portion ofthe Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .5 Subkr'dct the shortfall, if any, indicated by the Contractor in the documentation required by Secticn 5.1:6.1 to substantiateprIar Applications for Payment, or resulting from errors subsequently discovered by the pwner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Conshuction Manager or Architect have withhold or nullified a Certificate for Payment as provided in Section 9,5 of AIA Document A232--2009. § 5.1.5,5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval df payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1,5.6 In taking action on the Contractor's Applications for Payment, the Construation Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be AIA Document A732TM- 2008 `rformerly A101'"CMa-1892). Copyright 0187b, 1900, 1882 end 2008 by The American Ins0lule of Archllecls. All rl0hts Init. reserved. WARNING: Thle AIAb Document le prolactetl by U.a. Copyrtght Lew entl Internetlonal7reallea. Unauthorized reproduction or dislrlbullon of 8 this AIA® oocument,orany portion of It, mqy result In severe cNll and criminal panaltlea, end will ba prosecuted to the maalmum extent possible under / the law. This tlocumentwes produced by AlASOflware a111:0a:25 on 00/2&2012 under Order No.59o7428000_1 which expires on 01/17l207a, end Is not for resale. User Notes: (1863182520) deemed to represent that the Constructien Manager or Architect have made a detailed examination, auditor arithmetlc verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examhlations to ascertain how or far what purposes the Contractor has used amounts previously paid on account ofthe Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with the Owner's peior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored atthe site. § 5.2 Final Payment § 5,2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232 2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost ofthe Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guazanteed Maximum payineny and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLES DISPUTE RESOLUTION § 5.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless thepazties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (lf the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the ArchitecJ.) § 6.2 Blnding Dispute Resolution For any Claim subject to, butnot resolved by, mediation pursuant to Section 15.3 of ALA Document A232--2009 as modified, the method ofbinding dispute resolution shall be as follows: (Check the appropriate box. /f the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute / esolution method other than litigation, Claims will be . resolved by litigation in a court ofcompetentjurtsdlction.J [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdictien. [ ] Other: (Spec~y) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum Is a Stipuiafed Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009 as modified. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2322009. Alp Document A102TU-2000 formerly A701 TeCMa-1BB2). Copydphl®1W5, t99o, 1saz end 2008 by The American lnalllute el Archllects. All dghta Init. reaarved. WARNING: rhia AIA Document la protected by U.S, Copydght law and International Treetlea. Unauthorized reproduction or dlslributlon or thla AIA° Document, or any portion of it, may result in eevera civil and oriminal penalties, antl will be proeoouted to the maximum extent poea161e under t the law. Thla documenlwes produced byAlA soawere et 11:00:25 on 09/2ef2o12 under Order No.5a07420000 t which expires on o1/17f2a43, aM Is notfof resale. User Notes: (1053102520) § 7.2.2 The Contract may be terminated by the Owner for cause as provided in Artic]e 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: :1 Take the Cost of the Work incurred by the Contractor to the date of termination; :2 Add the Contractor's Fee computed upon the Cast of the Work to the date of ternnation at the rate stated in Sections 4.3.2 ar 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount Wet bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears [o a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. § b2.3lfthe Owner terminates the Contract for cause when Wa Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232 2009, the amount, if any, to be paid to the Contracta• under Section 14.2.4 of AIA Document A232-2D09 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated hi Section 7.2.2. § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not oWerwise included in the Cost ofthe Work under $oction 7.2.1. To We extent that the Owner elects to take legal assignment of subcontracts andpurchase orders (including rental ageements), the Contractor shall, as a condition ofreceiving the payments referred to in this Article 9, eXecute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the.Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. .7.2.5 The Work may be, suspended by the Owner as provided in Article 14 of AtA Document A232 2009; in such base, We Connaot Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232=2009, except Wat the term 'profit shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4.4,2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS i § 8.1 Where reference is made in this Ageement to a provision ofAIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions ofthe Cankact Documents. § 8.2 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, atihe legal rate prevailing from time to time at We place where the Project is located. (Insert rate ofinterestagreedupon, ifarry.) 3/4 of 1°/a per month § 8,3 The Owner's representative: (Ngme, address and other information) Keith Watts, Purchasing Nltiiiager City of Meridian Purchasing Depar[rtient 33 East Broadway Avenue Meridian, Idaho 8342 § 8.4 The Contractor's representative: (Name, address and other tnformaion) Tracy Leighton Leighton Enterprises, Tnc. 2624 Norih Pronghorn Lane Eagle, Idaho 83616 Telephone Number: 208-938-D038 Fax Number: 208-938-6229 AIA Document A132"'- 2008 formerly A101TMCMa-1992). Copyright ~ 1976,18110, 1892 entl 2000 by The American Insalute ofArchllecls. All rl0hte init. reserved. WAANINO: Thla AIA Document la protected by U.a. Copyright t.ew and Intemallonal Trestles. Uneulhori:ed reproduction ortlistnbullon of 1() this AIAs Document, or any ponlon or It, may roault In severe civil entl criminal penaltlea, and will be proeecutetl to the maximum extent possihle antler t the law. This document was producatl by AIA soihvere al 11:08:26 on OB/28Y2012 under Order No.6907A28800 1 which exphea on 01!17/2013, entl Is not for resale. User Notes: (1953182520) § 8.5 Neither the Owner's nor the Contmctor's representative shall be changed without ten days written notice to the other party. § S,Blhlrerprovisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS "8.1 The Contract Documents, except for Modifications issrwd after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreementis this executed AIA Docfunent A132--2009 as modified, Standard Form oFAgreernent Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1,2 The General Conditions are, AIA Document A232--2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 Tha Supplementary and other Conditions of the Conrad: Document Titie Date Exhibit A Contract Document Schedule 8/23/2012 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Conhact Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.5 The Drawings: (Either list the Drmvings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9,1.5 The Addenda,ifany: Number One Two Date Pages 8/10/2012 24 8/17/20I2 432 Pages Portions ofAddenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements era also enumemted in this Article 9. § 9.1.7 Addiional documents, if any, forming pact of the Contract Documents are: .1 AlA Document A132TaL2009, Exhibit A, Determination ofthe Cost of the Work, if applicable. .2 AiA Document E201TaL2007, Digital Data Protocol Exhibit, if completed, or the following: N/A ,3 AIA Document E202T"r 2008, Building Information Modeling Protocol Exhibit, if completed, of the following: N/A .4 Other documents, if any, listed below: (List here arty additional documents which are intended to form part of the Contract Documents. AL4 DocumentA232--2009 provides 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 AIA DOCUmenf A192Te-2009 formerly A707TMCMa-1882). COpyrlOhl®1975,1980, 1992 and 2009 by The American lnsalule of Archllects. All ri9hta Init. reserved. WARNING; Thls AIA Document Is protected by U.B. Copydght Law sad Internatl°nal Treaties. Unauthorized reprotluttlon ortllstdbutlon or 11 thla AIp° Document, or any portion of It, may result In severe civil and trlminal penalties, and wlll6e proaetuled to the maximum extent possible antler y the law. This document was produced by AIA software at 11:08:26 on 08/28/2012 under Order No.590742880D 1 which expires on 01!17/2013, and la not for resale. User Nolea: (7863182620) unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, end the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS T1te Contractor shall pwchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State: bonding requirements, if any, and limits ofliabilityfor insurance required in Article Il ofAIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) 11tis is enterednto as of the day and year first wri b tsAAl~~li~~~ °~ Tammy de Weeurd , Mayoi ::(Printed name and title) tten a ove. C CTOR (Signature) (Printed name and title) AIA Document A732TM-2008 formerly A701TMCMa-1882). Copyright®1876,1980, 7882 end 2009 by The Amerlcen lne3tute of Architects. All rlghb Init. reserved. WARNING: This AIA Document Is protectetl by U.3. Copyright Law end International Trestles. Unauthorized reproduction or tllstrlbutlon of ~ 2 this AIA° Document, or any portion of It, may reaua In severe civil entl criminal penaltlss, antl will be prosecuted to the maximum extent possible under t the law. This document wee produced by AIA software et 11:03:25 on 08/28/2012 under Order No.5B07423800 1 which expires on 01/17/2013, end Is not for reasle. 1853182520) User Notaa: CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) ( Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer- Musgrove Engineering, P.A. Electrical Engineer - DC Engineering Civil Engineer- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 713112 0 1 2 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Site Plan A7.1 CIVIL -Dated 7/30/2012 C1.0 Cover Sheet/Notes C7.1 C2.0 Greding & Dreinage Plan-Overall C2.1 C2.2 Grading & Drainage Plan -Area 2 C2,3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3,0 C3.1 Sewer Plan & Profile C3.2 C4.0 Slte & Grading Details C4,1 C4.2 Irrlgatlon Details C4.3 C4.4 City of Meridian Standard Details-2 C5.0 C5.1 Stormwater Pollution Prevention Plan - 2 LANDSCAPE -Dated 7/31/2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plan (dated 7/1e/2o12) L4.0 ARCHITECTURAL -Dated 7/31/2072 BLD-A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A A3.OA ReFlected Calling Plan A4.OA A5.OA Exterior Elevations AO.OA Meridian Parks & Recreation Maintenance Faclllly Page 1 oft Site Details Topographic & Control Survey Grading & Drainage Plan -Area 1 Roadway Plan & Proflla - E. Lanark St. Site Utfliiy Plan Gravity Irrigation Plan & Profile Site, Drainage, and Irrlgatlon De(alls City of Meridian Standard Details-1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/~elzolz) Irrlgatlon Details (dated 7/1 812 01 2) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Sections Augusl23, 2012 ' A0.1A Wall Sections A5.2A Wall Sections / Delalls A7.OA Interior Elevetlana /Detalls AB.O DoorNVindow Schedule & befalls { Ag.O DetailslEnergy Compllance BLD - B A2.OB FIooNRoof Plena A3.OB Exterior Elevations BLp-C A2.OC Floor/Roof Plans A3.OC Exterior Elevations /Sections A3.1C Wall Sections l Detalls BLD - D A2.OD Floor/Roof Plans A3.OD Exterior Elevations / Sections STRUCTURAL -Dated 7/37!2072 51.0 Structural General Notes S1.1 Special Inspections S2.OA Foundation Plen Bld A S2,OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plen Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A 54.0 Structural Details - Foundation S5.0 SiructurelDeteils-Framing MECHANICAL -Dated 713 012 0 1 2 MG1.0 Mechanical Cover MG1.7 Mechanical Energy Compliance M7.0 HVAC Plan-Main Building M1.1 HVAC Plan- Building C M2.0 HVAC Details M3.0 HVAC Schedulos PLUMBING -Dated 7/30!2072 P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -Bullding C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL- Dated 7/30/2012 EO.D Electrical Cover Sheet E0.1 Site Electrical plan E0.2 Electrical Roof Plan E1.0 Power Plan -Bullding A E1,1 Power Plans -Bullding B, C, & D E2.0 Lighting Plan -Building A E2.1 Lighting Plans -Building B, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Lighting Controls &Compllance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 TT ~~ '•~ ~AlA Document A~ 32Tn - 2009 Standard Form ofAgreement8efween Ownerand Contractor,ConstructionManageras Adviser Edition Bid Package No, 6-Steel Fabrlcatlon and Erection AGREEMENT made as of the Twenty-Forth day of August in the year Two Thousand Twelve (In words, indicate day, month andyear) BETWEEN the Owner: (Name, legal status, address and other irfJorma[ivn) City of Meridian 33 Bast Broadway Avenue Meridian, Idaho 83642 and the Contractor: (Ndme, Legal status, address and other tnformattdn) "Outland Steel, Inc. 19500 Gunfire Road Caldwell, Idaho 83607 Telephone Number: 208-455-OI23 Fax Nuitlber: 208-455-0466 for life following Project; (Nair/e, location and detailed description) fvIei•Idian Parks & Recreation Maintenance Facility 1700 East Lanark Steeet Meridian, Idaho 83642 The Construction Manager: (fYame, legal status, address and other information) I{reizenbeck, LLC DBA Kreiztinbeck Constructors, 11724 West Executive Drive Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fez Number: (208) 336-7444 T7te Architebt: . (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 Tha Owner and Contractor agree as follows. ADDITfONS AND DELETIONS: The author of this dacumenl has added Information needed for Its complellon. The author may also have revised the text bf the original AIA alandard form. An Addldons and Deletions Repoa that nolea added Information aswell as reNaions to the standard form text Is available from the author and should be reNewetl. A veracal Ilne in the left margin of this document Indicates where the author has added necessary Information and where the author has added to or tleleletl from the odglnal AIA text. This document has Important legal consequences. Consultation with an eaorney Is encouraged with respect to its complellon or modlficallon. This dacumenl Is Intended to be used in conluncllon with AIq bocumenls A232'a-2008, General Condl9ona of the Contract for Conslrucllon, Conslrucllon Manager as Advlaer Edition; B732"'-2009, SlandaPo Form of Agreement Between Owner and Architect, Conslrucllon Manager as Atlvlaer Edltlon; and C732TU-2009, Standard Form of Agreement Between Owner and Construction Manager as Atlvlaer, AIA Document A232Tn-2009 Is adopted In Ihls document by reference. De not use with other general conditions unless this document Is matllfled. AfA Document A132Ta - 2009 formerly A701 TMCMa -1992). Copyrl8ht ®1975, 18e0, 1602 and 2000 by The Amedeen Institute otArchlleda. All rlghte Init. r°servetl. WARNING: This AIAt Docum°nt le protected by U.S. Copyrl0ht Law and International Treatlee. Unaulhodzed reproducaon yr dletrlbutlon of thle AIA° Document, orany portion of it, may result In eevero elvll and criminal penalties, end will ba prosaeutetl to the maximum extent possible under / the law. This dowmentwes produced byAlA software et 11:06:39 an eBl28/ZO12 under Order No.590742ea00 1 which expires °n e1/1712013, and Is n°Ifor resale. Ueer Notee: (7710207910) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PA7ryI~NTS 8 DISP~TE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS 11te 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 ofthis Agreement, all of which form the Contrail, 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 fully execute the V~ork described In the Contract Documents, except as specifically Indicated in the Contract Documents to be the responsibiflty of others. Bid Requirements: Provide all labor, material, and equipment to complete all steel fabrication and erectioe as noted in the construction documents and per the following: Division 1-General Requirements Section 051200 - Strgctural Steel Fmining Section 053100 -Steel Derdcing Section 055000 -Metal Fabricatioas Thla contract specifically includes but Is Dot limited to: • PmvIde all labor, material and equipment to furnish and install all structural steal framing, metal decking, metal fabrications and miscellaneous steal items including bollards, columns, beams, angles, metal decking and miscellaneous metal fabrications. Provide allpre-drilled bolt holes in steel for all framing dimensional lumber and miscellaneous hardware attachments as required. Coordinate with framing contractor. All lumber attached to steel shall be flrmished and insfalled by fronting contractor (see drawings for fasteners and bolts provided under this work package), • Furnish, install and grout at all column base plates in aceordance with the construction documents. Famish and install attic access ladder includmg expansion bolts as indicated by the construction documents. • Provide special power as required for your work. All on•site welding equipment to be gas powered. • Provide and install all anchoring systems, including concrete embedded anchor bolts for steel to steal cOnnedIons. • Furnish and install ail metal fabrications wmplete. • Fumish all embed bolts, anchor bolts, plates and fabrications for concrete and masonry, installation byothers. All embeds to be on site widtin 15 calendar days after Notice to Proceed. • Furnish and install al] fasteners touching your steel Prepaze steel to receive bolts and fasteners as required AIA DoeumenE A792*•-2009 formerly A191 *uCMa-1992). Copyright®1975,1980, 1992 and 20096y The American lna0lule of Arehllecls. All righla Init. roaerved. WARNING: 7hla AIA Document la protectatl by U.9. Copyright Law antl International Treallee. Unauthorized reproducllon or dlatdbution of thla AIA° Document, or any portion of It, may result In aavere civil antl criminal penaltlea, antl will ha prosecuted to the maximum extent poealble under ) the law. Thla documenlwas produced by AlA SOflware a111:06:98 an OB/28/2012 antler Order No.5907428ag0_7 which explrea on 01/17/2019, antl la not for resale. User Notes: (1719297919) • Furnish all miscellaneous steel fabrications required to complete framing of structure in accordance with wnshuction documents. Pxovlde metal bollards to the concrete contractoe far installation as per the construction documents. Refm• to sheets C.30 & C4.4 for bollards around fire hydrant. • All Construotlan shall follow (1,SI-IA standards and requirements. • Placement dmwtngs and templates provided to Mason/ Concrete contractor for embedded steel. • Touch up paim as a result of your work, • Expedite fabrication asrequtredtomaintainconstructionschedule. • Verify all locations and dimensions prior to fabrication and installation. • Drilling and epoxy as required to complete all work es noted above. • Scope of the work remains the same far all buildings identified in the constxuct[on documents. • Scope ofwork for alternates remains the same as base bid. (as applicable) Th1e contract specifically excludes: • Lrstalladonofconcreteormasonryembeddeditems. • Struclrual steel framing for Pre•engineexed metal Building. • Custom gutter/chain down spotrt. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3,9 The date of commencement ofthe Work shall be the date ofthls Agreement 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 Ownet•. (Ins_ert the dgte ofeommencemerrt, if it d~ersfrom the date of this Agreement or, if applicable, state that the date will be fixed in d irotice fb proceed.) The commencement date will be fixed in a notice to proceed. I~ prior to the wmmencement of the Work, the Owner requires time to file mortgages, mechanics' liens end other severity interests, the Owner's time requirement shaE be as follows: § 3.2 The Contract Time shall be measueed from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencantetit, or as follows: (insert number ofcalendar days Altermotively, a calendar date may be used when coordinated with the date of commencement If appropriate, insert reguirementsfarearlierSubstantialCompletianofcertatnportlonsofthe Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013, (Table deleted) stibjtict to adjustments ofthis Contract Time as provided in the Contract Documents. (insertprovisions, tfany, far liquidateddamages relating tofailure to achieve Substantial Completion on time orfor bonus paymentsfor early completion of the Work) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or r/.% of the Contract Value (whichever is greater) for each and every calendar day following tits end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following; (Check the appropriate box.) AIA Document A192'" - 2008 rrfomnerly A107T"CMe - tB92). Copyrl9hl®ta75, 1980, 1992 and 2008 by The American Insulate of Archllecla. All rlghfa Init. reaervetl. WARNING: Thla AIAO Documanf Is protected by U.B. Copydght Lawantl Inlamatlonal Treatise. Unauthodzatl repraduetlon ordlatdbutlon of thta AIA° Document, or any portion of a, may result In severe civil and adminal peneltlea, and will be prosecuted to the mazlmum aztant posalbla under t the law. This tlacument wee produced by AIA saawere et 11:05:98 an ee/26/2a12 under Order No.5907428900_1 which expires on 01n7/2013, and la not for resale. User Notes: (1719297618) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost ofthe Work plus the Contractor's Fee withouta Guaranteed Maximum Price, in accordance wi0t Section 4.3 below [ ] Cost of the Work plus the Contactor's Fee with a Guaranteed Maximum Price, in accordance with Section 4,4 below (Based an the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5,1.6 below.) § 4.2StlpulatedfSum § 4.2.1 The St)pulated Sum shall be Sixty-Two Thousand Eight Hundred Seventy Dollars and Zero Cents ($ 62,870.00 ), subject to'additions and deletions as provided in the Contract Documents. Base Bid $62,870.00 § 4.2.2 Tlie Stipulated,Sum is based on the following altemates, ifany, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or othei identiflcatlon of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execuh'on of thisflgreement, attach a schedule of such other alternates showing the amotintfor each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (/dents and state the unit price, and state the quantity limitations, (}'arty, to which the unit price will be applicable.) Item Units and Limitatlona Price per Unit [$0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Ident[Jy al jowance and state exclusions, {f arty, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price § 4.3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor's Feo: - § 4.3.2 The Confractor's Fee: (State a lump sum, percentage of Cost ofthe Work or otherprovislon for determining the Contractor's Fee.) § 4.3.3 The method of adjushnent of the Contractor's Fee for changes in d1e Work; § 4.3.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work: § 4.3.5 Rental rates far Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Project. Init. AIA Document A732^"-2009 ~fonnerly A101TM'CMa-1992). COpydghl®1876,1960, 1892 and 2009 by The American lnetlWle oFArchllecfs. All rights reservetl. WARNING: This AIA Document le protactatl by U.e. Capydght Law and Intamatlonal Treatise. Unauthodzed reproducttan ordiatdbulion of 4 this AIAe Document, or any portion of It, may result In severe civil and criminal peneltlaa, and will he prosecuted to the maximum extent posal6le under i the law, This tlocumenlwea produced by AlA SOawere a111:06:36 on 08!26/2012 under OMer Na.5907428800_7 which explrea on 01!17!2013, and la not for resale. Uaer Notes: (1719297618) ' § 4,3.6 Unit prices, if any: (Identify and state the unit price; state quantity Imitators, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.9.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, itt writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Deterntinaddn of the Cost ofthe Work. § 4,4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost of the Work as defined In Exhibit A, Determination of the Cost of the Work, plus the Confractor's Fee. § 4.4.2 The Confractor's Fee: (State a lump sum, percentage of Cost of the Work or otherprovrsionfor determining the Contractor's Fee.) § 4.4.3'[lte method of adjustment of the Contractor's Fee for changes in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases 1n the cost of its portion ofthe Work: § 4.4,5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the project. § 4.4.6UnitPrices,ifany: (Identify andstate the unitprice, andstate the quantity lmttations, {tarty, to which the unitprtce w111 be applicable.) Item Unlta and Limitations Price per Unit ($0.00) § 4.4.7 Guaranteed Maxlmum Price § 4.4.7.1 The sum ofthe Cost of the Work and the Confractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximtun price. Costs which would cause the Guaranteed Maximum price to be exceeded shall be paid by the Contractor without reimbursement by the Owner, (Insert specifrc provisions (j'the Contractor is to participate itt arty savings.) § 4,4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Ident{jy and state the atnounts of arty al[awances, and state whether they include labor, materials, or both.) Item Allowance AIA Document A132T" - 2008 formerly A101 TMCMe -19821. Copydphl ®1975, 1980,1992 and 2008 by The Amedean Instltule afllrchltecle. All rl9hfa Init. reserved, WARNING: Thla AIAS Document la protected by U.S. Copydphl Law and Internellonel Traetlee. Unaulhodzed reproduction ordlstdbutlon of this AIA° Document, or any portion of It, may result In severe civil end admiral penaltlea, and will be prosecuted to the maximum aMent poeel6la under t the law. This document was produced by AIA solhvare a171:05;3a on DBI292012 under Order No.590742Ba00 1 which expires on 01/1 726 7 3, and Is not far !88818. user Notes: tnleze7etel § 4,4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.7 Progress Payments § 5.7.7 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by rho 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. §' 5.7.2 The period covered by each Application for Payment shall be one calendae month ending on the last day ofthe month, or as follows: § 5,1,3 Provided that an Application for Payment is received by the Consruction Manager not later than the Twenty-fi$h day of a mohth, the Owner shall make payment of the certified amount in the Application far Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received bythe Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirlq (30) days after the Construction Manager receives the Application for Payment. (Fei7eral, state or local lass may require payment within a certain period of time.) § 5.1.4Pragress Payments Where the Contract Sum Is Based on a Stipulated Sum § 5.1,4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in wrking by the Construction Manager and Architect in accordance with the Contract Documents. The schedule ofvalues shall allocate the entire Contract Sum among dxe various portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Conteactor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.7.4,3SubjecttothepeovisionsoftlxeContractDocuments,theamountofeachprogresspaymentshallbecomputed as follows; .1 Take that portion of the Connect Sum properly allocable to canpleted Work as determined try 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 approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute maybe included as provided in Section 7.3.9 of the General Conditions, as modified; .2 Add that portion ofthe 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 writing in advance by the Owner, suitably stared offthe site at a location agreed upon in writing), less r.'etainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .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 ofthe General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1.4,4 The progress payment amount determined in accordance with Section 5.1.4.3 shat I be further modified under the following circumstances: ,1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager AIA Document A102r"-2009 formerly A707T"CMa-1982). Copyright®1975,1880, 1882 and 20086y Tha American lnstltua; oFArohltacle. All rights Init. reserved. WARNING; Thla AIA Document Is pratectetl by U.9. Dopyrlghl Law and Inlamatlonal Treatise. Unauthorized reproducaon or dlafdbullan of this AIAs Document, or any portion o! It, may raeultln elvers ervll and criminal panaltlas, end will ba prosacutetl to the maximum exlen! possible under / the few. This document was produced by AlA SOfhvere al 11:05:38 on ea/29/2012 under Order No.6807429600_l which expires on 01/17/2013, end is notfor resale. User NOtae: (1718287618) recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 ofthe Oeneral Conditions, as modified. § 6.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (lfit is intended, prior to Substantial Completion ofthe entire Worly to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and This is not explained elsewhere in the Canhnct Documeras, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. § 5.1.4.6 A coni3itioli will be included forbidding more retainage from a contractor or supplier than retained from their portion ofthe Work. § 5.1,5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price § 5.1.5.1 WIth each Application for Payment, the Contractor shall submit the cost wntrol information requiicd in F,xhibit A, Determination of the Cost ofthe Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vducheis atfached and any other evidence required by the Owner, Construction Manag~• or Arahitect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to theriezt Application for Payment. § 5.1.5.9 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 :: Take ttre Cost of the Workas described in Exhibit A, Determination of the Cost of the Work; .2 Add the Gomtractor's,Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of 4haWork described in that Section of the rata stated in that Section; or if the Confractor's Fee $stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of 1fie Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; . .3 Subtraat retainage of percent ( a/n) from that portion of the Work that the Contractor self performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtraat amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided to Section 9.5 of AiA Document A232TM--2009, General Conditions of the Contract for Construction, Construction Ivlanager as Adviser Edition. § 5.1.5.4 The Owner, Construction Manager and Contractor shalt agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5,1.5.5In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall ba entitled to rely on dre accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Conshuction Manager and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or eontkluous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and veriScations, if required by the Owner, wi0 be performed by the Owner's auditors acting in the sole interest of the Owner. AIA Daoument A132T" - 2009 rformorly A101 TMCMa -1992). Copydghl ®1976,1890,1992 and 2000 by The Amedoen Insalule of Arehlteds. Ail rights Init. reserved. WARNINe: Thla AIA® Document Is protected by U.S. Copyright Law antl Internetlonel Treatise. Uneuthodzad reproduction or dlatribullon of thla AIAa Dooumsnt, or any portion of It, may result in severe civil antl criminal paneltlea, antl will ha proeaoutatl to rho maximum extent paea181e under ) the law. Thla documanlwae produced by AIA sofhvare x111;05;39 on 09/28/2012 antler Order No.6907428900 1 whloh expires on 01n7/2013, and Is nol for resale, User NOlea: (1719287810) ~ § 5,1.5.6 Dxcept with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Prlee § 5,1.8.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash acwunts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on accouut of the Cost of the Work equal or exeeed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.6.213ar~ Application for Payment shall be based on the most recent schedule ofvalues submitted by the Contractor iii accordeitce with the Contract Documents. Tha 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 and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis far reviewing the Contractor's Applications far Payment. § 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as ofthe end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) dte percentage of that portion ofthe Work which has actually been completed; or (2) the percentage obtained by dividing (s) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contraotor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Malmum Price allocated to that portion of the Work in the schedule of values. § 5;1;5,4 Subject to other provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximwn Price properly allocable to completed Work as determined by multiplyingthe percentage of completion ofeach portion of the Work by the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232--2009; .2 Add that portion ofthe Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; ,3 Add the Contractor's Fee, less retainege of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, shell be an ameunt that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtrabtreteinage of percent ( °/n) from that portion ofthe Work that the Contractor selfperforms; .5 Subtract the aggregate of previous payments made by the Owner; .6 5ubfract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulthlg from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Stirbtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate far Payment es provided in Section 9.5 of AIA Document A232 2009. § 5.1.5.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainege held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.6lntaking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Conshuction Manager or Architect have made examinations to ascertain how or for whatpurposes the Contractor has used amounts AIA DOCUmant A132'"-2009 formerly A701 r"CMe-18821, Copyright®1975,1980, 7882 entl 20086y The American lnalllute orArohltecN. All rlghla IRIt. reserved. WARNING: This AIAt Document Is protscted by U.S. Copyrl8hk Law and Intamallonal Treatlea. Unaulhodzed reproduction ortllatdbutlon or lhia AIA° Document, or any portion of It, may result In eevere civil and cdminal penaltlee, entl will be prosecuted to the maximum extant peeelble under / the law. This document was produced byAlq soawaro et 11;05:38 on aB/20/2012 mMer Order No.6B07428800 ]which expires on 01/17!2013, end Is not for resale. User NOtes: (1718287618) previously paid on account ofthe Contrail. Such examinations, audits and verifications, if required by the Owner, will ~, ~ be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Flnal Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the .Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of ALA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting far the Cost of the Work, pursuant to Exhibit A, Determination ofthe Cost ofthe Work when payment is on the basis of the Cost of the Woxk, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the Issuance ofthe final Certificate for Payment or Project Ce<-tlficate for Payment, or as follows: ARTICLE 6 DISPUTE RESOL.IITION § 6,1 Init)al Aecislon Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232--2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to servo as Initial Decision Maker. pfthe parltes mutually agree, ipsert the name, address and other contact iry/armafion ofthe Inttial Decision Maker, {f other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232--2009 as modified, the method of binding dispute resolufion shall be as follows: (Check the appropr{ate box. If the Owrier and Contractor do not select a method of binding dispute resolution below, or do not subsegueritly agree in u!ritng to a binding dispute resoluh'on method other than ditigation, Claims will be resolved by Rtigatlon in a court ofcampetentjuris~ction.) [ ] Arbitration pursuant to Section 15.4 of ALA Docuument A23~2009. [ X ] Litigation in a t:ouit of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum Is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in.Article 14 of AIA Document A232-2009 as firodifietl. § 7.1.2 The Workmay be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified.. § 7.2 Where the Contract Sum is Based on the Cost of the Work wlth or without a Guaranteed Maximum Pdee § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AiA Document A232-2009. § 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Wark incurred by the Contractor to the date of termination; AIA Document A132T'^-2909 rformerly Alat T"CMa-7882). Copyright®1975,1980, 1992 and 2008 by The Amedcen lnelllule of Archltaols. All rights Init. reserved. WARNING: Thle AIAb Document is protected by U.S. Copyright Law and International Treaties. Uneuthoazatl reprotluctlon ar tllatnbuaon of thle AIAa Docum9nt, or any portion of It, may result In severe clvll antl crlminel penaltlea, antl will he prosecuted to lhs maximum extent poeal6le antler ) the law. Thle tloeumenlwas produced by AlA software at 11:09:38 on 08/29/2012 under Order No.5907426900 1 which expires on 01/17/2013, erM is not for resale. UaerNolee: (1719297978) .2 Add the Contractor's Fee computed upon the Cost of the Work to the date ofterminatton at the rate stated in Sectiens 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost ofthe Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. § 7.2.3If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost ofthe Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232 2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2. § 7.2.4 77te Owner shell also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects toretain and that is not otherwise included in the Cost ofthe Work under Section 7.2.1. To the extent that We Owner elects to take legal assignment of subcontracts and. purchase orders (including rental agreements), the Confraotor shall, as a condition of receiving the payments referred tp in this Article 7, execute and deliver all such papers and fake all such steps, including the legal assignment of such siibcontracfs and other`contractual rights ofthe Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights'and benefits of the Contractor under such subcontracts or purchase orders. § 7.1,5 The Work inay be suspended by the Owner as provided in Articld 14 of AIA Document A232 2009; in such cane, tfie Contract Suin and Contract Time shall be increased as provided in Section 14.3,2 of AL4 Document A232-2009, except that the term'profit' shall be understood to mean the Contaotor's Fee as described in Sections 4;3:2 and 4.4.2 ofthis Agreenent. ARTICLE g MI§I:ELLANEOUS PROVISIONS 8 7 Where. referen~e.is made in this Agreement to a provision of ACA Document A232 2009 as modified or another Contr~c): Document, the reference refers to that provision as amended or supplemented by other provisions of the CantrecE Documehts § 8.2..1?ayinents due and unpaid under the Contract shell bear interest from the date payment is due at the rate stated belo~y; lir:in the absence thereof, at the legal rate prevailing from time to time atthe place where the Project is located. (Insert role of interest agreed upon, if grry.) 3/4 of 1%per month § 8.3 The Owner's representative: (Ngme, address and other information) I{eiUt Watts; Purchasing Manager Giry'ofMeridian Pw•chasing Aepartmenf - 33 East Broadway Avenue , Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other information) Sonya Roman Outland Steel, Inc. 19500 Gunfire Road Caldwell, Idaho 83607 Telephone Number: 208-455-0123 Fax Number: 208-455-0466 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other parry. AIA Document A102*a-2009 Formerly A701'aCMa-1882). Copyrl8ht®7876,1880, 1882 and 20D9lry The Amadcen lns8luts aF An:hllecle, All rlghla lait. raeerva®. WARNING: Thle AIA Document Is protectstl by U.S. Copydght Law and Internallonal Trestles. Unauthorized raproduollon or dlatrlbullon of ,)~ thla AlA Document or any portion of lt, may result in aavara elvlland erlminel penalties, and will be prosecuted to the maximum extant poaslble under i the law. This document was produced byAlA SOawsre e111:06:3B On 08128/2012 under Order No,690742e8DD_7 which azplree on Otl17f2D13, end le nol for resale. User NOtea: (1710287618) § 8,6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documems, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 Tha Agreement is this executed AiA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Conhactor, Consuvction Manager as Adviser Edition. § 9.1.2 Tha General Conditions are, AIA Document A232-2009 as modified, General Conditions ofth Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Exhibit A Contract Document Schedule 8/23/2012 § 9,1.4 The Specifications: (Either list the Spec~cah'ons here or refer to an exhibit atached to thisAgreenrenf.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Pages 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 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document A132T"L2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: N/A ,3 AIA Document E202~-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other doctunents, if any, listed below: (List here arty additional dacunrents which are intended to form part of the ContractDocuments, AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to birt Instructions to Bidders, sample forms and the Connector's bid are not part ofhhe Contract Documents unless enumerated to this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Document A792*" -2008 formerly A701 r"CMa -1982). CopydOhl 4' 1976, 1800,1982 Init. reserved. WARNING: This AIA Document Is protected by U,S. Copydght Law antl Intern this AIA° Document, orany portion of It, may result In severe civil and criminal penalties, t the law. This document was produced byAlA software of 11:05:38 on 00/20/2012 antler Ortler resale. User Notes: end 2009 by The Amedcan InsUlule W Arohlleela. All dghls atlonal Treatlea. Unauthadzed reproduction err dlstributlon of 11 and will he prosecutetl to the maximum extant poeslble antler No.5907428000_f which explree on O1/17I2013, and Is notfor (1719297619) . , I AI l binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, end the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 !'Insurance and Bonds". .Contractor is r_equved to provide 100%Payment and Performance Bonds. :.:(State bonding requirements, if any, and limits ofliabilityfor insurance required in Article 11 ofA7A Document A232-2009.) ..Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This. Agreement is entered into as of the day and year first written above. OWNER jSignatur TRAC7< 'gnature .Tammy de Weerd ,Mayor ~j ~Y4 ~~~~ of ~~ (Prnted name and title). (Printed name and title AIA Document A732TM- 2008 `/formerly A701T"CMe-78821. Copyright ®1875,1980, 1982 and 2009 by The Amerlran Ina9tule of Arehllecle. All rights Init. reserved. WARNING: This AIAb Document Is protected by U.S. Copyright Law antl Intematlonal Treaties. Unauthorized reprotluctlan or tllstrlbutlon o1 12 thlB AIA° Document, or any portion of It, may result In severe civil end criminal penaltlea, and will he prosecuted to the maximum extant possible under t the law. Thle document wee protluced by AIA software et 11:05:38 on Ofi/26I2012 under Order No.5907426a00 1 which explrea on 01/17/2013, end Is nolfar reaele. User Notes: (1719297619) ~ CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 1700 East Lanark S#reet Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer- Musgrove Engineering, P.A. Electrical Engineer- DC Engineering Civil Engineer- Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated Juty 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/31/2012 A0.1 CoverShset ARCHITECTURAL SITE PLAN -Dated 7!31/2012 A1.0 Slte Plen A7.1 CIVIL -Dated 7/30/2012 C1.0 Cover Sheet l Notes C1.1 C2.0 Grading & Dralnege Plan -Overall C2.1 C2.2 Grading $Dralnege Plen -Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3,0 C3.1 Sewer Plan & Profile C3.2 C4.0 Slte & Grading Details C4.1 C4.2 Irrigation Details C4,3 C4.4 Clly of Meridian Standard Delalls - 2 C5.0 C5.1 Stormwater Pollution Prevention Plan - 2 LANDSCAPE -Dated 7/31/2012 or as indicated below L1.0 Landscape CoverSheel L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrlgatlon plan (dated 7/18/2012) L4.0 ARCHITECTURAL -Dated 7131/2012 BLD - A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B 8 C A2.3A A3.OA Reffecled Ce111ng Plan A4.DA A5.OA Exterior Elevations AS.OA Merldlan Parks 8 Recreation Maintenance Facility Page 1 of 2 Site Details Topographic 8 Control Survey Grading & Drainage Plan-Area 1 Roadway Plan & Profile - E. Lanark St. Site Utlllty Plan Gravity Irrlgatlon Plan & Profile Site, Drainage, and Irrigation Details City of Meridian Standard Details -1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/1&/2012) Irdgatlon Details (dated 7 /1 812 0 1 2) Floor Plan OfFlce! Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 A0.1A Wall Sections A0.2A Wall Sections /Details A7.OA Interior Elevations /Details AS.O DoorNVindow Schedule & Details Ag.O DeteilslEnergy Compliance - BLD-B A2.OB FloorlRoof Plans A3.OB Exterior Elevations BLD-C A2.OC Floor/Roof Plans A3.OC Exterior Elevations /Sections A3.1C WaII Sections /Details BLD - D A2,Op Floor/Roof Plans A3.OD Exterior Elevations /Sections STRUCTURAL -Dated 7/31/2012 S7.0 Structural Ganerel Notes 51.1 Special Inspections S2.OA Foundation Plan Bld A S2.OB Foundation Plan Bid B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details -Foundation 55.0 Structural Details -Framing MECHANICAL -Dated 7/3 012 0 7 2 MG7.0 Mechanical Cover MG1.7 Mechanical Energy Compliance M1.0 HVAC Plan -Main Building M1.1 HVAC Plan-Building C M2,0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7/30!2012 P7.0 Plumbing Plan - Building A P1.1 Plumbing Plan-Building C P2,0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL -Dated 7/30/2012 E0.0 Electrical Cover Sheet E0.1 Site Electrical Plan E0.2 Electrical Roof Plan E7.0 Power Plan -Bulltling A E1.1 Power Plans -Bulltling B, C, & D E2.0 Lighting Plan -Building A E2.1 Lighting Plans -Bulltling 6, C, & D E3.0 One Line Diagram and Panel Schedules - E4.0 Lighting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 .. ~ ~ ~ =f~ ~-AlA Document A132TN - 2009 Standard Form ofAgreemenf Between Ownerand Confracfor,Construction Manageras Adviser Edition Bid Package No. 5-Masonry AGREEMENT made as of theTwenty-Forth day ofAugust in the year Two Thousand Twelve (In words, iridlcate drry, month and year.) BETWEEN ttie Owner: (Marne, leggl status, address and other information) CltyofMeridian ' 33 East Broadway Avenue Meridian, Idaho 83642 and the Contractor; (Name, legal status, address and other information) TMC, Inc. 2313 West OyeFland_ Road Boise, Idaho 83705 Telephone Numbq:208-331.8200 Fax Number:208-331-8301 tot the following Project: (Name, Jocalton and detailed deseriptien) Meridian Parks 8e Ttecreation Maintenance facility 1700 East Lannrlc Street Meridian, Idaho 83642 The Construction Manager: (Name, legal status; address and other information) Kreizenbeclr, LLC DBA I{raizenbeck Construotors, 11724 West Executive Drive Boise, Idaho 83713 , Telephone Number: (308) 336-9500 Fax Number: (208) 336-7444 The Architect: (Name, legal status, address and other Information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 TelephaneNtunber: (208)338-9080 The Owner and Contractor agree as follows ADDITIONS AND DELETIONS: The author of 911s document has added Information needed for Its completion. The author may also have revised the text of the odginel AIA standard form. An Atldrtions and Deletions Report that notes added informallon as well as revisions to the standard farm text is available from the author antl should be raNewetl. A verllcal Ilne In the left margin of Ihls document Indlceles where the author has added necessary Information and where the author has added to or deleted from the odginel AIA text. This document has important legal consequences. Consullatlon wllh an attorney Is encouraged with respect la Its completion or modlflcallon, This document Is Intended to he used In conlunctlon with AIA Dacumenta A232*^'-2008, General Condlllons of the Contract for Conslruclion, Conslruc0on Manager as Advlaer Edllian; B132ru-2009, Slantlerd Form of Agreement Between Owner and Archltacl, Construction Manager as Adviser Edltlon; end C132*a-2008, Standard Form of Agreement Between Owner antl Construction Meneger as Advlaer. AIA Document A232T"' 20091e adoptetl In this document by reference. Do not use with other general contlltfons unless Ihls document Is madlfled. Ala Document A132Ta-21109 formerly A101ieCMe-1982). Copyd9hl®1975,1990, 1992 and 2009 by The American lnataule oFArchlteds, Inlt, reserved, WARNING: Thle AIA Document la protected by U.S. Copyright Lawentl Internatlonel Treeflea. Uneuthodzed reproduction or lhla AIA Document, or any podlon of it, may result In severe clvll and cdminal penalllea, antl will be prosecuted to the maximum extant / the law. Thla documenlwae produced by AIA software x171:04:69 on 09!29/2012 under Order No.b90742S9g0_1 which expires on 01117/2013, resale. User Notes: and Is notfor (701923702) of ~ TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 9 DATE OF COMMENCEMENTAND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 pA1'MENTS 6 DI5Wl)TE RESOLUTION 7 TERMINATION OR SUSPENSION S MISCELLANEOUS PROVISIONS 9 .ENUMERATION OF:CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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 ofthis Agreement, other documents listed in this Agreertient and Mddificatlons Issued after execution ofthis Agreement, all ofwhich form the Contract, and are as fully a pmt of the Contract as if attached to this Agreement or repeated herein. Tha Conhact represents the entire and integrated agreement between the parties hereto and supersedes prim negotiations, representations oe 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 fully ez8cute the Work described in the Contract Documents, except as specifically indicated in the ContractDocutnetts to be the respplisibility of others. Bid Requiremen#s( Provide all labor, material and equipment to complete the masonry work as Doted in the construction documents and per the following: Division l -General Requireutehts Section 042000 -Unit Masonry ~ , Section 076200 -Sheet metal flashing and trims' Section 079200-Joint Senlanta** ** As applicable to this scope~ofwork This contract specifically includes Ent is not llmltod to: • FurnlshendlnstallallCMUmasomyassembliescompleteinaecordancewifhtheconstmctiondowments.lncludingthe outlying buildings and hash enclosure, • Receive, install and grout hollow metal frames end miscellaneous embedded items located in structural masonry walls, • Grind CMU smooth For reglet flashing as Indicated by the wnstruction documents. • Provide shoring andbracingfor your work, includingblockouts for sllmesonry. Remove when complete. • Provido and install all anchar bolts embedded in masonry as per the construction documents. Including the anchor bolts embedded into bond beams. + Install all miscellaneous embedded steel fabrications in masonry phmlb, level and clean ready for following hades. Embed stool provided by others. • Furnish and Install all reinforcing steel for masonry under this work package, • Provide insulated blankets and labor for weather pratectlon of masonry work as required. • Caulk all Masonry-Maswuy, Masonry-Hollow Mofal and Masonry-Concrete joints. • Grout beam pockets solid in all CMU walls. AIA Document A732*•-2009 formerly A7a]T•CMe-78821. COpydphl®1876,1980, 1982 end 2oe9 by The American lnalllule of Archllecla. All rlghte Init. reserved. WARNING; Thls AIA~ Document la protected by U.B. Copyd9ht Law and Internallonel Trestles. Unauthorized raproductlon ardletdbutlon of thla AIA° Document, orany podlon of It, may result In severe elvll and edminal penalties, and will be prooecuted to the mexlmum extant poaelhle under ! the law. This document was produced by AIA software el 9 ]:04:56 on 08!28120]2 under Order No,590742eBa0 1 which expires on 111 /1 712 0 1 3, end le not for resale. Usor Notes: (797823702) • Wash all exterior CMU masonry in accordance with the construction documents. • Pmtectian ofthe concrete slabs and ec§~cent surfaces from damage during the masonry work. • ~ Shrink wrap all black to pxevenf chips or damage during trensportadon. • Dispose of all masonry refuse off-site, • Furnish and install all masonry fleshings for complete masonry system, as required for this scope of work. • All C9nskuclion shell follow OSHA standards and requkements. • Drill and epoxy anchor as required. • Include a $12,000 allowance in the hose bid to be used et the sole discretion of the Construction Manager. • Scope of the work remains the same for all buildings identified in the constmction documents. • Scope of work for alternates remains the same as base bid. (as applicable) • Provide dri0irg and epoxy for rebar dowels in interior masonry wall footing'lacationspar revised detail (6/54.0) shown in Addendum No. 2. This contract specifically excludes: • Furnishing of the hollow metal flames. • ~ Instahadon ofholloW metal frames interior nonmesonry walls. - ~ Temporary Heaters and Fuel. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.i Tf7e date of commencement ofthe Work shall be the date ofthis Agreement 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. (Insert the date ofcommencement, ifit d~ersfrmn the date ofthisAgreement or, {fapplicable, state that the date will be Jixerl iri a police to proceed.) The cOminencement date will be fixed in a notice to proceed. If, print to the commencement of the Wark, the Owner requires time to file mortgages, mechanics' liens and other secuiity interests, We Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date ofcommencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Worknot later than ( )days from the date ofcommencement, or as follows: (Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement Ifappropriate, insert vequirements for earlier 5ubstantiai Completion of certain portions of the Wark.) .. The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013. (1'pble deleted) subject to adjustments of this Contract Time as provided in the Contract Docmnants. (Insert provisions, ifany, for liquidated dafnages relating to failure to achieve Substantial Completion on time odor bonus payments foreariy completion of the Wark.) In the event the Confractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or r/% of the Contract Value (whichever is Beater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring daring such period following the end ofthe Contract Timc. ARTICLE 4 CONTRACT SUM § 4.1 Tha Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) AIA DOaument A192*"-2000 formerly A101TMCMa-ie921. COpydght®1975, 19ao, 1692 end 2908 py The American lnatltule of ArohllecW. All rlBhta Init• reserved. WARNING: This AIA Document Ia protaetatl by U.9. Copyright Law end lnternatlonal Trestles. Unauthodzetl reproduction or dlatdbullon of this AIA° Document, or any portion of a, may result In severe civil antl criminal penalnee, end will he prosecuted to the maximum event poealble under l the few. Thla tlocumenlwes produced by AlAsoilware at 71:04:56 an O&28/2012 under Order No.59o7420000_1 which expires on 07/17!2019, entl is not for resale. Uear NOtes: (781923792) ~, ~ [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Coniractor's Fee without a (;tlaranteed Maximrun Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with s Guaranteed Maximum Price, in accordance with Section 4.4 below (Based an the selection above, complete Section 4.2, 4.3 or 9.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5, 1, 6 below.) § 4.2 Stipulated. Sum § 4.2,1 The 52ipuleted Sum shall be Two Hundred Fourteen Thousand Three Hundred Twenty Dollars and Zeeo Cents ($ 214,320.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $214,320.00 § 4.2.2 Tire Stipulated Shin is based on the following alternates, if any, which are described in the ContractDocuments and are hereby accepted by the Owner: (State the numbers or other ident(fication of accepted alternates, !f the bidding orproposal documents permit the Owner to accept other alter{iates subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amotirtt for each and the date when that amount expires.) N/A § 4.2.3 Unit prices; if any: Qdentlry and stdte the rtnttpyice, and state the quantity limitations; if any, to which fhe unttprice will be applicable.) Item Units and Limltatlons Price per Unit ($0.00) § 4.2.4 Allowance.;: included in the Stptlated Sum, if any; (Idenrify allowance and state exc~us'loifi•, tf arty, from the allowance price.) Item Allowance § 4.3 Cost of.the Work Plus Contractor's Fee without a Guaranteed Maximum Price § 4.3.9 Tha Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost ofthe Work, plus the Contractor's Fee. § 4.3.2 T93e Contractor's Fee: (State a lump sum, percerrtag¢ of Cost ofthe Work or other provision for determining the Contractor's Fee.) § 4.9.3 The method of adJustment of the Contractor's Fee for changes in the Work: § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost ofits portion ofthe Work: § 4,9.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Protect. AIA DooumeMA132TM-2009 krmarly A101'eCMa-19921. COpyripht®1976,1890,1992 and 2008 by The Amedcan lnsatule of Arohltecle. All aghte Init. reserved. WARNING: Thla AIA Document Is protected by U.a. Copydght Law and Intematlonal Trestles. Unauthorized reproduction ordlsldbullon of this AIA° Document, ar any portion of It, may result In severe civil and edminal panaltlee, snd will ba prosoeutsd to the maximum extent poael6ls antler f the lew. This document was produced by AIA software al 11:OA:56 on 0 812 9/2 01 2 under Order No.5907429900 1 which explroe on 01/17/2013, and le not for reaele. User Notes: (791923702) § 4.3.8 Unit prices, if any: (Identify and state the trait price; state quantity limitations, if any, to which the unitprice will be applicable.) Item Units and Limitatlona Price per Unlt ($O.OOj § 4.3.7 The Contractor shall prepaze and submit to the Construction Manager for the Owner, in writing, a Control . Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of .Exhibit A, Determination of the Cost ofthe Work. § 4,4 Cost of the Work Plus Contractor's Pee with a Guaranteed Maximum Price § 4.4.7 Th¢ Contract Sum is the Cost of the Work as deSned in Exhibit A, Determination ofihe Cast of the Work, plus the Contractor's Fee. § 4,4.2 The ContraCtt}i's Fee: (State a lump sury percentage of Cost of the Work ar other provision for determining the Contractor's Fee.) § 4,4.3 Themethod of adjustment ofthe Contractor's Fee for changes in the Work: § 4.4,4Limitations, ifany, on a Subwntractor's overhead andpxofit for increases inthe cost ofits portion ofthe Work: § 4.4.5 Rental rates for Contractor-owned egaipment shall not exceed percent ( %) of the standard rate paid at the place ofthe ProjecE. § 4.4.6 Unit PXjces, if any: (Identfy andstate the unUprrce, andstate the quanh'ty limitations, jfany, to which the unitprice will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.4,7 Guaranteed Maximum Puce § 4.4.7.1 The sum ofthe Cost ofihe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes In the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum, Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert sped, fic provisigns if the Contractor is to participate in arty savings.) § 4.4.7.2 Tire Guaranteed MaximumPrice isbased on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Identify and state the amounts of any allowances, and state whether they include Labor, materials, ar both.) Item Allowance AIA Document A732'a - 2008 'formerly A701 Inlt, plserved. WARNIN©: 7hla AIA® Document la this AIA® Document, or any ponlon of It, may I the law, Thls tlacumentwes produced by AIA si resale, User Notoe: 1892). Copytl9hl®1975, 1990, 1992 and 2008 by The gmericen Institute ofAmhltecta. All tlahle 1 by U.S. Copyright Law and Intemaflonel Treatlea,Unauthorized reproduction ordlatdhution o! S severe elvll antl criminal panalliea, antl will be proaeauted to the maximum extent possible antler 11:04:68 on OBI26/2012 antler Order No,590742BB00 1 which expires on 01!1712013, antl Is not tar (791823702) § 4.4.1.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1$ased upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certiftcatlon of the Project Application and Project Certificate fnr Payment or Application for Payment and Certificate for Payment by the Construct[on Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.9.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:; . `: § 5.9.3 Provided that an Applieation for Payment is received by the Construction Manager not later than the Twenty-fi$h day of a month, the Owner shall make payment of the ceRi&ed amount in (he Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If en Applica#ion 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 Coristtuction Manager receives the Application for Payment. (Federal, state or local laws may reguire payment within a certain period of time.) § 5.9.4 Progreso Payments :Where the Contract Sum is Based on a Stipulated Sum § 5.9.4.1 Bach.Sppligation for Payment shah be based on the most recent schedule of values submitted by the Contractor and approved In writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule ofvaluas shall allocate the entire Contract Sum among the various portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as.a. basis for reviewing the Contractor's Applications far Payment. § 5,1.4.2 Applications fqi~ Paymeltt'shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subjeet to the provisions of the Contract Documents, the amount of each progress payment shat l be cemputed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by lnulti~ilying the percentage completion of each porfion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of rive percent (3.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute t7i3y ba included as provided in Section 7.3.9 ofthe General Conditions, as modified; .2 Add that portloli of the Contract Sum properly allocable to materials and equipment delivered and suitably stared at the site for subsequent incorporation in the completed construction (or, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .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, as modified; and .5 Subtract amounts, if any, being withheld by the Ownet• or Construction Manager as provided in the Contract Documents. § 5.9.4,4 The progress payment amotmt determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .9 Add, upon Substantial Completion of the Work, a sum sufficient to inaease the total payments to Ninety-five percent (95.00 %) ofthe Contract Sum, less such amounts as the Construction Manager AIA Document A132*a-2009 formerly Af01T"'CMa-1982). COpydghl®1875, 7Bao, 1892 and 2a096y The American lnsalute of Architects. All Nghts Init. reserved. WARNING: Thle AIA Dacumanf la protected by U.S. Copyright Lew end Infernallanel Treatise. Unauthorized reproduction or dlMdbutlon of this AIA° Document, or any portion of It, may result In severe civil antl odminal panaltlee, and will he prosecuted to the maximum exlenf peaslhla under / the taw. This dacumanlwas produced by AlA SOawere x111:04:98 on 08/28/2012 under Order No.590742ae0D_1 which expires an 01/17/2013, and Is not for resale. User NOtea: - (781923702) / rewmmends and the Architect determines for incomplete or defective Work, or both and unsettled l claims; and .2 Add, iffinal completion ofthe Wark is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified § 5,1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If tt is intended, prior to Substantial Completion ofthe enure Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without wt•itten approval of the Owner, § 5.1.4.6 A condition w111 be included forbidding more retainage fi•om a contractor or supplier than retained from their jloition of the Work. § 5.1,5.P1•ogress Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed Maximum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit U1e cost control information required in Ezhiliif A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check voliohers attached and any other evidence required by the Owner, Construction Manager or Architect tb demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls For the period covered by the present Application for Payment. § 5.'f.5.3 Applications for Payment shall show the Cost of the Work actually incun•ed by the Contractor through the end ofthe period covered by the Application for Payment and for which the Contractor has made or intends to make ~actdal paymenf piior to t(ie neiit Application for Payment. § 5:1.5.3 Subject:fo other provisions ofthe Contract Documents, the amount of each progress payment shall be computed as fo]low9: 9 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; :2 Add the Contractor's Fee,. less reainage of percent ( %). The Contractor's Fee shall ba computed upon the Cost of. the Work described In that Section at the rate statednr that Section; or if the Contractor's Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate ofthe probable Cost of the Work upon its wmpletion; .3 Subtract retainage of percent ( °/a) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in d1e documentation required by Article 5 or resultingfrom errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtract amounts, if any, for which the Conshuction Manager or Architect has withheld or withdrawn a Certificate for Payment es provided in Section 9.5 of AIA Document A232T"'-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure For review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent That the Construction Manager and Architect have made a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; drat the Construct[on Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits end verifications, if required by the Owner, will be performed by the Owner's auditors acting in the solo interest of the Owne,•. AfA Document A732TM-2009 formorly A101'uCMa-1982). Copyrlght®1875,7800, 1882 and 20086y The Amarlranlnstltute otArchllects. All righle lair reservetl. WARNIN©: Thla AIA Document la proleated by U.a. Copyright Lswend International Trestles. Unauthorized reproduction or tllslrihutlon of this AIA® Document, or any ponlon of It, may resul! In severe civil end criminal panellise, and will he proaaautetl to the maximum extent poealble antler t the law. Thla document was protluced byAlA software a111:04:be on 00/28/2012 under Order Na,5B0742B800 1 which expires on 01/17/2013, end la not for resale. User NOtes: _ (781823702) § 5,1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for mater[als or equipment which have not been delivered and stored at tha site. § 5.1.6 Progress Payments Where the Contract Sum le Based an the Cost of the Work with a Guaranteed Maximum Price § -5.1,6,1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of tha Work equal or ezoeed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls far the period covered by the present Applicaton for Payment. § 5.1.6.2 Each Application for Payment shell be based on the most recent schedule of values submitted by the Contractor lri accordancewith tha Contract Documents. The schedule ofvalues shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such farm and supported by such data to substantiate its accuracy as the Construction Manager and 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. § 5.1.6.3 Applications foi~ Payment shall show the percentage of completion ofeach porton ofthe Work as ofthe end of the period covered)1y the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that lies actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make achiel payment prior to the next Application for Payment by (b) the share of the Guaranteed Maicirnum Price allocated to that portion ofthe Work in the schedule ofvalues. § 5.1.6,4 Subject to other provisions of the ContraotDocuments, the amount ofeach progress payment shall be computed as followsi .1 Take that. portion of the Guaranteed Maximum Price properly allocable to completed Work as .~.... deteinvted by multiplying the percentage of completion ofeach portion ofthe Work by the shm~e ofthe Ciiieiarlteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be ipdnded as provided in Section 7.3.10 of AIA Document A232--2009; .2 Atld that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivefed and suitably stored at the site for subsequent incorporation in the Work, ar if approved in adyerice by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( °/n). The Contractor's Fee shall be computed upoh the Cost of the Work at the rate stated in Section 4.4.2 oe, if tha Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the ~york bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtractretainage of percent ( %) from that portion ofthe Work that the Contractor self-performs; ,5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, If any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, orresulting from errors subsequently discovered by the Ot4iier's auditors in such documentation; and .7 Subtract amounts, if any, for which the Colstruction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A232-2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (I) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5,1.6.81n taking action on the Contractor's Applications for Payment, the Construction Manegar and Architect shall be entitled to rely on the accuracy and completeness of the information Tarnished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of tha documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction f Manager or Arcllltect have made examinations to ascertain how or Tot what purposes the Contractor has used amounts AIA boeument A132*" - 21109 rrformarfy A101'sCMe -1902). Copydghl @ 1975,1990, 1992 antl 2009 6y The Amedcen Instllute of Architects. All dahaa Inlt roaervod. WAHNINC: Thla AIAb Document is protaeled by U.S, CopydOht Law antl International Trestles. Unaulhodzad reproduction ar tllaldbuklon of thte AIA° Document, or any ponlon orlt, may result In severe civil end criminal penalties,antl will be prosecuted to the maximum extent poaelble under ) tha taw. This document wee produced by AIA software at 11:04:59 on OBf2012012 antler Ortler No.5907429900_7 which explrea on 01l17I2013, antl Is nollor resale. User Notes: (791823702) previously paid on account ofthe Contract. Such examinations, audits and verifications, ifrequired by the Ovmer, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5,2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .t the Contractor has fully performed the Contract except for the Contractor's responsibility to wrreat Work as provided in Section ] 2.2 of ALA Aocument A232--2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost ofthe Work, pursuant to Exhibit A, Detetmination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance ofthe final Certificate for Payment or Project Cerificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.71niHpl Decision Maker The Architect will serve as Lnitial Decision Maker pursuant to Section 15.2 of AIA Document A232 2009 as modified, unless the parties appoint below another Individual, not a party to this Agreement, to serve as Initial Decision Master, (If the parties mutually agree, insert the name, address and other contact tryjormation of the Initial Decision Maher, if other than the Architect.) § 6.2..91ndlog Dlapute Resolution For Ariy,Clailn subject to, but not resolved by, mediation pursuant to Seatlon 15.3 of ALA Document A232 2009 as modified, the method of binding dispute eesolution shall he as follows: .(Check the appropriate box. Jf the Owner and Comractor do not select a method ojbinding dispute resolution below, or alo not spbseguently agree in writing to a binding dispute resolution method other than litgatton, Claims will be resolved by litigation in a court ofcomp¢tentJurlsdictton.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232--2009. [ X ] Litigation in a court of competent Jurisdiction, [ ] Other: (Spec fy) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where .the Contract Sum is a Stipulated Sum § 7.7.1111e Contract maybe terminated by The Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009 as modified. § 7,2 Where the Contract Sum Is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated b3'the Owner or the Contractor as provided in Article 14 of ALA Document A232--2009. § 7,2,2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: ,7 Take the Cost of the Work incurred by the Contractor to the data of termination; AIA Document A732TS - 2009 (fformerly A107 r"CMa-1982). CopydOhl ®1975, 7880, 1992 end 2008 by The American Inslllule of Archllecls. All rights Init. reserved. WARNING: This AIA& Documanf Ia protected by U.B. CopynOht Lew end Inlamatlonal Treaties. Unauthorized roproductlon or dlalrlbufton of this AIA® Document, or eny portion of it, may result In severe Civil Bntl Criminal paneltles, entl will be prosecuted to the meXlmum extent poealble under t the law, Thls document wes produced by AIA sotlwere et 11:04:58 on OB/2B/2012 under Order No.6907428800_1 which expires on 01/17/2013, end Is not for resale. User Notes: (781823702) ( ,2 Add the Contractor's Fee wmputed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of tettninatlon bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggeegate of previous payments made by the Owner. § 7.2,3Ifthe Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232-2009, the amount, if any, to be paid to the Conhactor under Section 14.2.4 of AIA Document A232--2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2, § 7.2.4 The Ownet shall also pay the Contractor fav compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractoe thatthe Owner elects to retain andUiat is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (inaIuding rental agreements), the Conteactor shall, as a condition of receiving the payments referred to in ibis Article 7, execute and deliver all such papers and take all such steps, includtng the legal assignment of such subconhacts and other conhactual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or puuchase orders. § 7.2.5 ~e Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232=2099, excepptthat the terni'profit' shall be understood to mean the Contractor's Fee as described in Sections `4:32 and 4.4.2 oftliis Agreertient. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Wherereference is made Inthis Agreementto aprovision of AIA Document A232-2009 as modified or anothel• Contract Document, the reference refers to that provision as amended or supplemented by other provisions ofthe Contrast Documents. § 8.2 Payments due and unpaid under the Conteact shall bear interest fiom 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. (InserErate ofinterestagreedupan, }'fany.) 3/4 of 1% per month § 8.3'I7ie Owner's representative: (Name, address and other inforirrgtlon) Reith Watts, Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other informarion) Tim McGourty TMC, Inc. 2313 West Overland)toad Boise, Idaho 83705 Telephone Number: 208-331-8200 Fax Number: 208-331-8301 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. AIA Document A732""-2009 formerly A101T°CMa-1992). COpydaht®1x75,1980, 1992 end 2009 by Tha American lnalltute ofArohlteols. All dOhts Init. reeervetl. WARNING: Thle AIA De°ument Is protected by U.S. Copydaht Lew end Intematlonal Treeflea. Uneufhodzed roproduotlon or dlalrlbullon of this AlA°DOCUmant, orany porUOn of lt, may result In severe civil and criminal panaltlea,a°d will be prosecuted to the maximum axtenlpoeelble under 10 / the law. Thle document was protlueetl by AIA software at 11:04:56 on 09/2e/2012 under Order No,590742a800 1 which axplrea on 07/17/2013, and Is not for resale. User Notes: (701923702) § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.117te Contract Documents, except far Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 T7ae Agreement is this executed AlADocument A132--2009 as modified, Standard Form of Agreement Between Owner and Contractor, Constructien Manager as Adviser Edition. § 9.1.2 The General Conditions are, AlA Document A232 2009 as modified, General Conditions of the Contract for ~onstructign, Constrtictiori Manager as Adviser Edition, § 9.1.3 The Supplementary and other Conditions of the Contract: Dbcument Title Date Pages ExhibitA ContractDocuroentSchedule 8/23/2012 2 § 9,1.4 The Specifications: (Either list the Speaificotions here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9,1.5 The Drawings: (Either list the Drawings here w• refer to an exhibit attached to this Agreement.) ContractDacument Schedule, Exhibit A, dated August 23, 2012 (Tdble deleted) § 9.7,8 The Addenda, if any: Numbet One Two Date Pages 8/10/2012 24 8/17/2012 432 Portions df Addendarelating to bidding requirements are not pert ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 ATA Document A132Tat2009, Exhibit A, Determination ofthe Cost ofthe Work, if applicable. .2 AiA Document E201TM 2007, Digital Data Rotacol Exhibit, if completed, or the following: N/A .3 AiA Document E202T"' 2008, Building Information Modeling Protocol Exhibit, If completed, or the following: N/A .4 Otller documents, if any, listed below: (List here arty additional documents which are intended to form part of the Contract Documents. AIA DocumentA231 2009provides that biddingrequirements such as advw•dsement or invitation to bid, /nstrucfions 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.) AIA DoeumanE A132*^'-2009 formerly A107TMCMe-9982). Copyrlghl®1975, iB80, 1892 end 20096y The American lnstltute ofArchltecls. All rlOhts Init. reserved. WARNING; ThIa AIA Document Is proGCtetl by U.9. Copyright Lawand International Treatlaa. Unauthorized reproduction ordlaMbutlan of 11 this AIA° bocument, orany portion of It, may result In asvero civil end criminal panaltlea, andwlll be proseculetl to the maximum extent poealble under t the law. Thla doarmenlwas produced byAlA eoawaro et 17:04:58 on OB/28I2012 under Order No.590742ee0a_t which expires on 01n7/2ot3, aM Is not for resale. User NOtes: (781823702) ~' All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents: AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall pwchase and maintain inswance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified - ,Refer to Supplemental GondiUons modifying AIA Document A232-2009 for changes and additions to Article 11 4Llswance and Bonds", Contractor isregttired to provide 100%Payment and Performance Bonds. (S(ate bonding requirements, if arty, and limits of liabiliryfor insurance required in Article 11 ofAlA Document A232-2009.) Type of Intsurantai or Bond Limit of Liability or Bond Amount (30.00) This Agreement is entered into as of the day and year first written abhov-e. / L I OWI ER (Sigrtgt /e) CO/~N,/T~RA`C/TO,R^(/Signature) /~~ ,/ ~y 1 ~ ~/,, Tammy de Weerd - Mayor /'r~s rU/(G'( li ~'ue'~`(~~ (~1%Yl.~' (Xv (Printed name and title) (Printed name and title) Init. AIA Document A732TM - 2008 `formerly A101 TMCMa-19821. Copyright®1876, 1980, 1882 end 2009 by The American Inslltute of Arehltecta. All rlghfa reservetl. WARNING: This AIA Document la protected by U.S. Copyright Lawand International Treaties. Unauthorized reproduction or tllatdbutlan of ~ 2 this AIA® Document, or any portion of It, may result In severe civil and cdminal panaltlea, and will he prosecuted to the maximum extent possible under t the law. This document wee produced by AIA software et 11:04:68 on 08/2(1/2012 under OrdarNO.6907425800_1 which azpirea on 01117/2013, and la not for resale. User Notec: (791823702) CONTRACT bOCUMENT SCHEDULE (EXHIBIT A) Meridlan Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect --Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer- Musgrove Engineering, P.A. Electrical Engineer - DC Engineering Civil Engineer -Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/31/2012 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Slte Plan A1,1 Site Details CIVIL-Dated 7'130/2012 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading &Dralnage Plan -Overall C2,1 C2.2 Grading & Drainage Plan-Arse 2 C2.3 C2.4 Roadway Plan 8 Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Site & Grading Details C4.1 C4.2 Irrlgatlon Detalls C4.3 C4.4 City of Meridian Standard Detalls -2 C5.0 C5.1 Stormweter Pollution Prevention Plan - 2 LANDSCAPE -Dated 7/31/2012 or as Indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrlgatlon Plan (dated 7!78/2012) L4.0 ARCHITECTURAL -Dated 7131/2012 BLD - A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A A3.OA ReOected Calling Plan A4.OA A5,OA Exterior Elevations AO.OA Meridlan Parks & Recreation Maintenance Facility Page 1 of 2 Topographic & Control Survey Grading &Dralnage Plan-Area 1 Roadway Plan & Profile-E. Lanark St. Site Utllliy Plan Grevlty Irrlgatlon Plan & Proflls Site, Drainage, and Irrigation Details City of Meddian Standard Details -1 Stormweter Pollution Prevantion Plan -1 Landscape Plan Landscape Plan (dated 711a/zotz) Irrlgatlon Detalls (dated 7l78I201z) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Secflans August 23, 2012 A6.1A Wall Sectlons A6.2A Wall Sections /Detalls A7.OA Interior Elevations !Detalls AS.O DoorlWindow Schedule & Details i A0.0 DetallsfEnergy Compliance BLD- B A2.OB Floor/Roof Plans A3.OB Exterlor Elevations eLD - C A2.OC Floor/Roof Plans A3.OC Exterlor Elevatons /Sections A3.1C Wall Sectlons I Details BLD- D A2.OD Floor/Roof Plans A3.OD Exterlor Elevations /Sectlons STRUCTURAL-Dated 7/31@012 51.0 Structural General Notea S1.1 Special Inspections S2.OA Foundation Plan Bld A S2.OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.Op Foundatlon /Roof Framing Plan Bld D S3,OA Roof Framing Plan Bld A S4,0 Structural Deiells --Foundatlon 55.0 Structural Detalls -Framing MECHANICAL -Dated 7/30/2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVAC Plan-Main Building M1.1 HVAC Plan- Building C M2.0 HVAC Detalls M3.0 NVAC Schedules PLUMBING -Dated 7/30/2012 P1.0 Plumbing Plan - Building A P7.1 Plumbing Plan -Building C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL -Dated 7/30/2012 E0.0 Electrical Cover Sheet E0.1 Site Electrical Plan E0.2 ElecUical Roof Plan E1.0 Power Plen -Building A E1.1 Power Plans -Bullding B, C, & D E2.0 Lighting Plen -Building A E2.1 lighting Plans -Bullding B, C, & D E3.0 One Lina Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Merldlan Parks $ Recreation Maintenance Facility August 23, 2012 Page 2 of 2 5==A1~ Document A132rM - 2009 Sfandard Form ofAgreement Between Ownerand Contractor,Construction Manageras Adviser Edifion Bld Package No. 4 -Concrete AGREEMENT made as oftha Twenty-Forth day of August in the year'1\vo Thousand Twelve (Jri words, indicate drry, month and year.) BETWEEN the Owner: (Name, legal status; address and other ir~ormation) City oPIvleridian 33 East Broadway Avenue Meridian, Idal% 83642 and the Contractor: (Name, Zegdd status, address and other ir7jormation) Lurre Construction, Inc. 306 Badiola Street catdwell, Idahn 83605 Telephone Number; 208-459-8624 Fax Number: 208-459-9661 For The following Project: (Name; location and detailed description) IvIeridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Mw~idian, Idaho 83642 The Construction Manager: (Name; legal status, address and other information) ICreizelibeck, LLC DBA ICreizenbeck Constructors, 11724 West Executive Drive Boise, Idaho 83713 Telephone Number: (208) 336-9500 Fax Numba•: (208) 336-7444 ADDITIONS AND DELETIONS; The author of this document has added Informellon needed for its completion. The author may also have revised lha text of the odglnal AIA standard form. An Addifions and Deletions Report Ihet notes added Informaton es wall ae revisions t0lha standard form tail Is avalleble from the author and ahculd be reNewed. A verflcal Ilne 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 arlglnel AIA text. This document has Important legal consequences. Consultagan wllh en attorney Is encouraged with respect to Its completion or modlflcaflon. Thle document is Intended to be used in conJunctlon wllh AIA Documents A232TM-2009, General Condlllons of the Contract far ConsUuclicn, Conalructlon Manager as Adviser Edlllon; 8132'"-2009, Standard Form of Agreement 6efwean Owner and Architect, Canslructlon Manager as Adviser Edlllon; end C132TM-2008, Standard Form of Agreement Balween Owner end Construction Manager as Adviser. AIA Document A232*"-20091s adopted In lhla document by reference. Do nal use with other general condi[lons unless fhls document Is modeled. The Archifect: (Name, legal status, address and other information) Insight Architects, P,A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as fo] tows. AIA Document Af32TM-2008 formerly A101 TMCMa-1902). Copydght®1075,1800, 1092 and 2009 by The Amadcan lnalllule ofArohllacla. All rights In{l• reserved. WARNING: This AIA Document Is protected by U.S, Copyright Law and Internetlonal Treaties. Unauthodzed reprotluctlon or tllatdhution of this AIA° Document, ar any podlon of it, may result In eevere elvll and cdminel penalllea, and will be proaeculed to the mexlmum extant posalhle antler I the law. This documenlwas produced byAlA software et 11:03:35 on 00!2012012 under Order No.5s07420000 1 which axplrea on 0111712013, and is not for resale. User Netea: (785421505) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT S DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION b CONTRACT SUM 5 PAYMENTS S DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (genera(, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution ofthis Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all ofwhich 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 oragreements, 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 fully execute the Work described in the Contract Documents, except as specifically indicated in fire Contract Documents to be the responsibility of others. Bid Requirements: Provide all labor, material, and equipment to cornp[ete the building structures and site concrete work as acted on the drawings and per the following: DiVislon 1-General Requirements Section 033000 -Cast-in-Place Concrete Section 072100 -- Thermal Insulation** Section 079200 -Joint Sealants*" Section 321313 -Site Concrete Paving" '* As applicable to this scope of work This contract specifically includes but is not limited to: • Provide all labor, material and equipment, to form, place, strip and finish concrete footings, foundation walls, slabs on grade, sidewalks and thickened edges, exterior conrxete slabs and mechanical pads, and the trash enclosure as shown on the conshiittion documents. This Includes, foundations and slabs for all out lying buildings and the cold storage pre~engin(ered building. • Famish abd Install wash bay curb for building C es indicated bythe construction documents. • Furnish end install ttancated detectable domes in sidewalks as Indicated by the construction documents. • Furnish end install all vapor barriers and rigid insulation as indicated by the consWCtion documents. • Install all anchor bolts, and steel embeds in concrete as per d1e construction documents. (anchor boks and embeds by others) • Drilling and epoxy as required to complete all work as noted above. • Install all miscellaneous steel embeds and bollards, as required (supplied by others). Including but not limited to anchor bolts, and steel plate embeds. Refer to C3.0 & C4.4 for addition bollards around 5re hydrant. • Furnish and insfall Bicycle Rack as indicated bythe construction docmnents. • Furnish end install all concrete rehlforcing steel and welded wire fabric as indicated by the wnslruction documents. • Provide caulking for all conraete joints as indicated by the construction dowments. AIADOOUmant A792T"-2689 formerly A101r*CMe-1882). Copyf Inlt, reaarvetl. WARNING: This AIAt Dooumenf la protected by U.S. Cr 1h1a AIA• Document, orany podion of It, may result In severs elvll / the law. This doeumentwas produced by AIA eofhvare e111:03:36 on resale. User Notes: 1976,1980,1992 and 2008 by The Ameacen Inalllule of Arehllxls. AU dahb rt Law and Ntematlonel Treatise. Uneulhonzed reproduetlon or dlslrlbutlon of Z rlminal penaltln, antl wl II be proaecutetl to the maximum extent possible under 2012 under Order No.6807428880 1 which expires on 01/1712013, end is nor for (785421506) • Include pumping for wnctefe in lids package as required by site conditions. • Provide all add mixtwes and additives for cenorete as required and as conditions dictate for your work. • Sawcutting joints as shown in constmction documents. • Grinding of concrete slabs as necessary to meet flatness specifications. • Pmvide concrete containment and remove offsite ell washout concrete end other conceete debris created by this work. • Provide labor and insulated blankets to protect the ground and concrete from freezing as reguired for your work. • Furnish all survey work required for this work package. Surveyor to be registered in the State of Idaho. Reference "Instructions to Bidders" for smvey provided by Conshuction Manager. • All submittals ere due within 10 days of notice to proceed. • All construction shall follow OSHA slandazds and requirements. • Contractor shall correct all deficiencies In the work that test reports and inspections indicate does not comply with the construction documents. • Tnblude a $10,000 allowance in the base bid to be used et the sole discretion of the Construction Manager. • Scope of the work remains the same for all buildings identified in the wnslntction documents. • Scope of work for alternates remains the same as base bid (es applicable) This contract specillcally excludes: • Light pole bases. • Curb gild gutters and valley gutters. • Concrete associated with the installation offences, and subsw•face site utilities except as noted above. • Temporary heaters and fuel. • Masouryrebar.. ~. ARTICLE 3 DATE OF COMMENCEMENT AND SU65TANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the data to be fixed in a notice to proceed issued by the Owner. (lnsertthe date ofcommem;ement, :fitdiffersfrom the dale ofthisAgreementor, ifapplfcable, state thatthe date will be fixed in a nalice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to th$ commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other seourlty interestd, the Owner's time requirement shall be as follows: § 3.2 The Conh•act Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date ofcommeucement, or as follows: (Insert number of calendar days Alternatively, a calendar date may be :lsed when coordinated with the date of commencementlfappropriat¢ insert reguirementsforearlierSubstantialCompletionofcertainportionsofthe Work) The Contractor shall achieve Substantial Completion of the entire Work notlater than May 30, 2013. (Table deleted) subject to edjustmealts ofthis Contract Tlme as provided in the Contract Documents. (insert provisions, if any, for Iigzddated damages relating to failure to achieve Substantial Completion on time odor bonus payments for early completion of the Work) In the overt the Contractor, without excuse, falls to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or'h% of the Contract Value (whichever is greater) for oath and every calendar day following the end of the Contract Time tmtil Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. AIA Document A732TM-2009 formerly A701 TaCMe-1892). Copyright 1D 197b, 1ga0, 1892 and 2009 by The American lnaglule of Archltecta. All righla Ina, reservetl. WARNING: Thle AIA Dacuman! la proleded by U.S. Copyright law and Internallonal Treaties, Unauthorized reprotluctlon or dlefrtbutlon of this AIA° Documanf, or any portion of il, may reaull In esvere civil end criminal penalfiea, and will be prosecuted to the maximum extent paeelbla untlsr t the law. This document wen praducetl by AIA software a111:03:35 on gal29l2012 under Order No.590742a800 1 which axplree on 01!1712013, and le noltor resale. User Notee: (7 95421 50 5) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. Tho Contract Sum shall be one of the following: (Check the nppraprtate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Pee without a Guaranteed Maximum Price, in accordance with Section 43 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based an the selection above, also complete eitherSectlon 5.1.4, 5,1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One Hundred Eight-Seven Thousand Five Hundred Dollars and Zero Cents ($ 187,500.00 ), subject to additions and deletions as provided in the Contract Documents. ~aseHid $187,500.00 § 4.2,2 The Stpulated Sum is based on the following alternates, if any, which are described in fhe Contract Documents and are hereby awepted by the Owner: (Stdte.the numbers or other identification ofaecepted alternates. Ifthe btdding orproposal documentspermitthe Ownet• to accept other alternates subseguent to the execution of this Agreeinettt, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Id/A § 4.2,3 Unit prices, if any: (Ident fy and state the unitprlce, and state the quantity Itmitattons, if arty, to which the unit price will be applicable.) Item Units and Llmltetlons Price perUnlt ($0.00) § 4,2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if at{y, from the allowance price.) Item Allowance § 4.3 Coat of the Wark Plus Contractor's Fee without a Guaranteed Maximum Price § 4.3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination of the Cost ofthe Work, plus 'the Contractor's Fee. § 4.3.2 Tha Coltractor's Fee; (State a lump sum, percentage ofCost of the Work or otherprovisionforrietermining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee far changes in the Work: § 9,3.4Limitations, if any, on a Subcontractor's overhead andprofit for increases in the cost oflts portion ofU1e Work: AIA Document A132'"-2008 formerly A101'"CMa-1992). Capyrighl®1976,1980, 1992 end 2009 by The American lnstllute ofArehlteors, All rlahle IDIt. reeenre®. WARMING; Thle AIA~ Document la protected by U.9. Copyrtght Law and International Treaties. Unauthorized reproduction or dlatdbutlon or 4 1hle AIA Document, or any portion of lt, racy result In severe civil and criminal peneltlee, entl wlllba proeeouted to the maximum extentpoeslble under t the law. This tlacumenlwes produced by AIA software et 11:03:35 on 0 812 6 /2 012 under Order No.6B07426800 1 which expires on 01/17/2073, and Is nolfar resale. User Notes: (786421505) § 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the puce of the Project. § -4:5,5 Unit prices, if any: (Identify and state the unit price; state quantity ]ixnitafions, if any, to which the unit price will ba applicable.) Item Units and Limitations Prico per Unlt ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreemenk The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of Elie Cost of the Work. § 4A Coat of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum Is the Cost of the Work as defined in Exhibit A, Determination ofthe Cost of the Work, plus the Contractor's Fee. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) § 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost ofits portion oftha Work: § 4,4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rata paid at the place ofthe Project. § 4.4.5 Unit 1?rices, if any: (Idenify and state the unitprice, and state the quantity limitations, ifarry, to which the unit price wilt he applicable.) Item Unite and Llmltatlons Price per Unit ($0.00) § 4.4.7 Guaranteed Maximum Price § 4.4.7.7 The stun of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents, Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Frice. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Conteactor without reimbursement by the Owner. (Insert spec{rrc provisions if the Contractor is to participate to any savings) § 4.4.7.2 Tha Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.9 Allowances included in the Guaranteed Maximum Price, if any: Init. AlA eocument A192r"-2009 bfarmerly A701 *"CMa-1992). Copyrlght®7975,1980, 7982 end 2008 by The American lnsOlule of Architects, All righh reserved. WAaNING: This AIA Document Is protected by U.a. Copyright Lew and Intematlonal Treatlea. Uneuthoriud reproduction or tllatribulion thla AIAa Document, or any portion or It, may result to eavera Civil and criminal penalttea, entl will be pmeaeutetl to the maximum extent poaelble uni ! fhe law. Thla document wee producetl byAlAsofhvare el 71:09:35 on 0 612 6/2 012 under Order No.5BO742Bea0_1 which expires on 07!17!2013, end Is not for resale. Uaer Notea: (786921506) (Identify and state the amounts of arty allowances, and state whether they include labor, materials, or both.) Item Allowance § 4,4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments an account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be ono calendar month ending on the last day ofthe mandl, or as follows: § 5,1.3 Provided that au Application fnr Payment is received by the Constmction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment ofthe certified amount in the Application for Payment to the Contractor.not later than the Twenty-fifth day of the following month. If an Application for Paymentrs received by the Construction Manager after.the application date fixed above, payment shall be made by the Ownernot later than Thirty (30) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum Is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on dte most recent schedule of values submitted by the Codtractor and approved in writing by the Construction Manager and Architect in accordance with the Comract Documents. The schedule of values shat[ allocate the entire Contract Sum among the various portions of [he Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedtle, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4,2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end ofthe period covered by the Application for Payment. § 5.1.4.3SubjecttotheprovisionsoftheContractAocuments,theamountofeachprogresspaymentshallbecomputed as follows: - .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by mplpplying the percentage completion of each portion of the Woek by the share of the total Contract Surii allocated to that portion of the Work in the approved schedule of values, less retatnage of Five percent (5.00 %). Pending final deteemination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 ofthe General Conditions, as modified; .2 Add that portion of the Contract Sum property allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation kr the completed construction (or, if approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, tf 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, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. AIA Document A192Ta-2008 form¢rly A701TMCMa-1982). Capyrlghl®1975,1880, 1882 end 2000 by The American lnstllule oFArchltecle. All rlghte Inft, reserved. WARNING: Thte AIA Document Is protected by U.e. Copydght Law and International Trestles. Unauthodzed reproduction or dlatrlbutlon of Ihle AIA° Document, or any portion of It, msy result In eevere civil and criminal penaltlea, and will ba prosecuted [oche maximum extant poeelhle antler t the law. This document was protlucad by AIASO11were x111:03:36 on 0 812 8/2 01 2 under Order No.590742Be00 1 which expires on 0117 7 /2 0 1 9, end Is notfor resale. User Nolea: (785421505) § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completis7 of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims• and .2 Add,iffinalcompletionoftheWGrkisthereaftermateriallydelayedthroughnofaultoftheContractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Wor17; to reduce ar limit the retairrage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3, 2 above, and this is not explained elsewh¢re in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval ofthe Owner. § 5.1,4.5 A condition will be included forbiddingmore retainage from a contractor or supplier than retained fiom their portion of the Work. § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Mfiiilftium Price § 5.1.5.1 With each Application for Payment, the Contl•actor shall submit the cest control information required in Exhibit. A, Detemilnation of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost ofthe Work equal or excced (I) progress payments already xecelved by the Contracts; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period wvered by the Application for Payment and for which the Contraotor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Worlr described in that Section at the rate stated in that Section; or if the Contractor's Pee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its cempletion; .3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-peeforms; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtractamounts, ifany, for which the Construction Manager or Archltecthas withheld orwithdrawn a Certificate for Payment as provided in Section 9.5 of AIA Document A232rM-2009, General Conditions ofthe Contract for Construction, Construction Manager as Adviser Edition. § 5.1.5.4 Tha Owner, Conshuction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.51n taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article S or other supporting data; thatdle AfA GOCUmenf A792"'-2008 formerly A1D1r"CMa-7992), Copyrighl®1976,1880, iss2 end 2009 by The American lne0lule of Archllecty. All rights Init. reserved. WARNING: Thla AIA boeumant la protected by U.a. Copyrtght Law and Internetlonal Treatlea. Unauthortzed reproduction ordlstdhutfon of r this AIAe Doeument, or any portion of It may result In severs civil and criminal penallles, and will be prosecuted to the maximum extant poeal6le under / the law. This documentwaa produced by AIA soaware et 11:03:35 on 08!2972072 under Order No,58o74209o0_t which expires on D7177/2013, and la not far resale. User Notes: (796421505) Construction Manager and Architect have made exhaustive or continuous on-site inspections; or thatthe Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, ifrequired by the Owner, will be performed by the Owner's auditors acting In the sole interest of the Owner. § 5.1.5,6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materiels or equipment which have not been delivered and stored at the site. § 5.1.6 Peogress Payments Whara the Contract Sum Is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.6.1 Wlth each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to 'demonstrate that cash disbwsements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period wvered by the present Application for Payment. § 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the ContractDocwnents. The schedule ofvalues 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 and 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. § 5.1.6.3 Applications for Payment shall show the percentage ofcompletion ofeach portion of the Work as ofthe end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account ofthat portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Prioe allocated to that portion ofthe Work in the schedule ofvalues. § 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplyingtha percentage of completion of each portion ofthe Work by the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AlA Document A232--2009; .2 Add that portion ofthe Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably 5toted at the site for subsequent incorporation in the Work, or if approved in advance by the Owner; suitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's Feo, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if Ote Contractor's Fee is stated as a fixed sum In that Section, shall be an amount that bears the same ratio to that fixed-swn fee as the Cost of t11e Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtractretainage of percent ( %) from that portion ofthe Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; ,6 5ubtrad the shortfall, if any, indicated by the Contractor in the documentation required by Section 5:1.6.1 to substantiate prior Applications for Payment, or eesulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, fnr which the Construction Manager or Architect have withheld or nul lifted a Certificate for Payment as provided h1 Section 9.5 of A]A Document A232-2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approve[ ofpayments td Subcontractors and (2) the percentage of retainage hold on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5,1.6,6 lrr taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information fiamished by the Contractor and shall not be AIA Document A132*"-ZOOS formerly A701^'CMe-19921. COpydghl®1876,1880, 1962 end toes by Tha American lnatllule of Ar°hitecls. All rlghta Init. reeervad. WARNING: Thla AIA Document le protected by U.S, Copydght Lew end Intemalianal Treatfea. Unauthodz@d reprotluetlon or dlatdbutlon of thle AIA° Document, or any portion of lt, may result In severe civil and criminal penaltlae, entl will be prosecuted to lha maximum extant poeaibls antler f the law. This document was producetl by AIA software a111:e3:36 on 09/28/2012 under Order No.5s0742B800 1 which explrea on 01117/2013, and Is not for r@aal@. User NOt@a: (796421605) % deemed to representthatthe Construction Manager or Architect have made a detailed examination, audit or arithmetic 1 verificarion ofthe documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or far what purposes the Contractor has used amounts previouslypald on account ofthe Conract. Such examinations, audits andverifications, ifrequired bythe Owner, will be performed by the Owner's auditors acting in the sole interest ofthe Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored attire site. § 5,2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except far the Contractor's responsibility to correct Work as pxovIded h3 Section 12.2 of AL1 Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the.Contraetor has submitted a final accounting for iha Cost of the Work, ptursuant to Exhibit A, Determination ofthe Cost of the Work when payment is on the basis ofthe Cost of the Work, with or without a~Guarahteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final.payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Ceriificata for Payment, or as follows: ARTICLE 6 . DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as htitial Decision Maker pursuant to Section 15.2 of AIA Document A232_-2009 as % mothfied, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties muttraily agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232 2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subseguently agree to wrih'ng to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232 2009. [ X ] Litigaticn in a court of competent jurisdiction. [ ] Other: (Spec{fy) ARTICLE 7 TERMINATION OR SUSPEN510N § 7.1 Where the Contract Sum Is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AiA Document A232-2009 es modified. § 7.1.2 The Work maybe suspended by The Owner as provided in Article 14 of AIA Document A232--2009 as modified. § 7.2 Where the Contract Sum la Based on the Cost of the Woek with or without a Guaranteed Maximum Price § 7.2.1 Subject to the provisions of Section 7,2.2 below, the Contract may be terminated by the Owner or the I Contractor as provided in Article 14 of AIA Document A232--2009. AIA Document A732's-2009 formerly A101'sCMe-1982). Capyright®1875, [890, 1882 end 2008 by The American lneUWte ofArchltecle. All rights Init. reserved. WARNING: Thla AIA Document le protected by U.S. Copydght Law end Internallonal Treatlea. Unauthotlzed reprotlucllon or tlletrlbutlon of this AIA° Document, or any portion of It, may result In severe civil and edminal penalties, and will be prosecuted to the maalmum extent poealble under t fhe law. This tlocument wee produced byAlA soitwere et 11:03:35 on o912e/2o12 under Order NoS8g7426900 1 welch eMplrea on 01/17[2013, end Is not for resale. User Notes: (795421606) § 7,2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232-2009; however, [he Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Fea computed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, att amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of teemination bears to a reasonable estimate of the probable Cost ofthe Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Ovnter. § 7.2.3Ifthe Owner terminates the Contract for cause when the Contract Sum is based on the Cost ofthe Work with a Guaranteed Nfeximum Price, and as provided in Article 14 of ATA Document A232 2009, the amount, if any, to ba paid to the Cottractor under Section 14.2.4 of AIA Document A232--2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed fire amount calculated in Section 7.2.2. § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, far any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 7.2.5 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A232 2D09; in such case, Ure Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 ofAJA Document AZ32-2009, except that the term 'profit' shall be understood to mean the Contractor's Feo as dDSCribed in Sections 4.3.2 and 4.4.2 of this Agreement. / ARTICLE 8 MISCELLANEOUS PROVISIONS § 6,1 Where reference is made in this Agreement to a provision of AIA Document A232--2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments duo and unpaid under the Contract shall bear interest from the data 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, {f atry.) 3/4 of 1% per month § 6.3 The Owner's representative: (Name, address and other information) Keith Watts, Purchasing Manager -City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other information) Kris Jensen Lurre Con§truction, Inc. 306 Badiola Street Caldwell, Idaho 83605 Telephone Number: 208-459-8624 ~ Fax Number; 208-459-9661 AIA Documenf A132TM - 2D08 formeNy A701 TMCMa-19921. Copydghl ®1876, 1890, 1992 and 21108 by The American Institute of Arohlfecle. All rlghta 101t. reserved. WARNING: This AIA Document le protected by U.S. Copyright Law antl Intarna0onal Trestles, Unauthodzed reproduotlon or dletdbutlon of 10 this AIAs Document, ar any portion of n, may reaufl In esvare civil and edminal penalllea, and will be prosecuted to the maximum extent poeelble antler t the law. This documentwee produced by AlA eoRware al 11:03:35 on O9l28I2072 underOber NO.58074299001whlch expires an 07!7712013, end is not tar resale. User NOles: (795427505) § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8,6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, ere enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132 2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232--2009 as modified, General Conditions of the Contraot for Construction, Construcdott Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title . Date ExhibitA GbbtractDocumentSchedule 8/23/2012 § 9.1.4 The Specifications: (Either list the Speclfica[ions here or refer to an exhibit attached to this Agreement) Contract Document Schedule, Exhibit A, dated August 23, 2012 ~ (Table deleted) / § 9.1,5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.5 The Addenda,ifany: Number Ono Two Date Pages 8/]0/2012 24 8/17/2012 432 Pagea 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 Additional documents, if any, forming part of the Conhact Documents are: .1 AIA Document A132T"'-2009, Exhibit A, Determination ofthe Cost ofthe Work, if applicable. .2 AlA Doctunent E201TaL2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202TM-2008, Building Information Modeling Protocol Bxhibit, if wmpleted, or the fallowing: N/A .4 Other documents, if any, listed below: (List here arty additional documents which are Intended to form pa~2 of the Contract Documents. AIA DocumentA232--2009 provides that bidding requirements such as adverh'sement or invitah'on to bird Instructions to Bidders, sample forms and the Contractor's bid are not part ofthe Contract Documents AIA Document A732Ta-2008 rformerly A701T"CMe-1982). COpydpht01076,1980, 1992 end 2000 by The Ametlcan lnstlfute of Archltecta. All rlahte Init. reserved. WARNING: This AIAm Document Is protectetl by U.9. CopydBht Law and Intematlonal Treatlea. Unauthorized reproducaon or dlatrlbutlon of 11 ihla AIA° Document,or any portion of It, may reauit In asvara civil and euminal panaltlea, end will ba prasacuted to the maximum extent poealble under t the law. This document wes produced by AIA soawere el 11:03:36 on 08/28/2012 under Order No.58D7428800_i which expires on 01!1712013, and la not for resale, Uaer Notes: (786421506) unless enumerated in this Agreement. They should be listed here only if Intended to be part of the Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule aze intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions ARTICLE 70 INSURANCE AND BONDS The Contractor shall puiGh_ ass and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is requvtid to provide 100%Payment and Performance Bonds, (State bonding requirements, if any, and limits of liabi[ityfor insurance required inArticle I1 ofA7A Document A232-2009.) Type of Insurance ar Bond Limit of Liability or Bond Amount ($0.00) This Agreement isentered'--into as ofthe day and year first written above. OWN R (Sign ) OR (Signature) Tammy,de Weerd ,Mayor ~(/•P/S ~.clSGsnl [//LG' `f~~i<5/DE~ (Printed name and title) - (Printed name and Ntle) AIA Document A132TM - 2008 formerly A707 TMCMa -18821. Copytlghi m 1876, 18a0, 1982 end 2008 by The American InaOtute of ArohltecN. All rlghte IDIt. reservetl. WARNING: Thla AIA Document la protected by U.S, Copyright Law end Internetlonal Trestles. Unauthadzetl reproduction or tlletrlbutlon of ~Z this AIA° Document, orany portion of it, may result In severe civil entl crtminal penalties, and will be proaecutetl to the maximum extent possible under I the law. This document wee produoed by AIA software et 11:03:35 on 08/28/2012 under Order No.590742aB00_1 which explrea on 01/17/2013, and la not for resale, User Notes: (796421505) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT N0.12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer- Musgrove Engineering, P.A. Electrical Engineer - DC Engineering Civil Engineer--Erickson Civil Landscape Architect -South Landscape Architecture, P. C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/31/2012 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7!31/2012 A1.0 Site Plan A1.1 CIVIL -Dated 7!30/2012 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan -Overall C2,1 C2.2 Grading &Dralnage Plan -Area 2 C2.3 C2.4 Roadway Plan &Proflle - E. Nola Rd. C3.0 C3.1 -Sewer Plan ~ Profile C3.2 C4.0 Site & Greding Details C4.1 C4.2 Irrlgatlon Details C4.3 C4.4 Clty of Mer]dian Standard Detalls - 2 C5.0 C5.1 Stormwater Pollution Prevention Plan -2 LANDSCAPE -Dated 7/31/2D12 or as Indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plan (dated 7/1 812 0 1 2) L4.0 ARCH ITECTURAL -Dated 713 112 0 1 2 BLD- A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A ~ A3.OA Reflected Ceiling Plan A4.OA , A5.OA Exterior Elevations AB.OA Meridian Parks & Recreation Maintenance Facility Page 1 oft Site Detalls Topographic & Control Sunray Grading & Drainage Plan -Area 1 Roadway Plan &Proflle - E. Lanark St. Site Utility Plan Gravity Irrigation Plan & Profile Site, Dralnage, and Irrigation Details City of Meridian Standard Detalls -1 Stormwater Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/18/2012) Irrigation Delalls (dated 7/1E@o12) Floor Plan Office /Shop A Floor Plan Shop b Roof Plan Building Sections August 23, 2012 A5,1A WaIlSeclions A6.2A WaIlSections/Details A7.OA Interior Elevations /Detalls AS.O boor/Wlndow Schedule & Detalls Ag.O Details/Energy Compllance BLD-B A2.0B Floor/Roof Plans A3.OB Exterlor Elevatlons BLD - C A2,OC FlaorlRoof Plans A3.OC Exterior Elevatlons /Sections A3,1C Wall Sectlons! Defalls BLD - b A2.OD Floor/Roof Plans A3.OD Exterior Elevations / Secgons STRUCTURAL -Dated 7/31/2012 51.0 Structural General Notes 51.1 Special Inspections S2.OA Foundation Plan Bld A S2,OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural betails -Foundation 55.0 Structural Detalls -Framing MECHANICAL -Dated 7/30/2012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compllance M1.0 HVACPIan-Main Building M1.1 HVACPIan-BUIldingC M2.0 HVAC Detalls M3.0 HVAC Schedules PLUMBING -Dated 7!30/2012 P1.0 Plumbing Plan - Bullding A P1.1 Plumbing Plan -Building C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL -Dated 7/30/2012 EO.D Electrical Cover Sheet E0.1 Site Electrical Plan E0.2 Electdcal Roof Plan E1.0 Power Plan -Building A E1.1 Power Plans - Building B, C, & D E2.0 Lighting Plan -Bullding A E2.1 Ughting Plans -Bullding B, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Lighfing Controls 8 Compllance _ Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 1 v A TT ~. ~ =-_ ~ 11A Document A132Ta - 2009 Standard Form ofAgreementBetween Ownerand Contractor,Construction Manager as Adviser Edition Bld Package No. 9 - Fencing and Gates ADDITIONS AND DELETIONB: AGREEMENT made as ofthe Ttvent}~Forth day of August in the year'I\vo Thousand The author of This document has Twelve ~ added Informallon needed for Its (ln words, indicate day, month and year.) cdmpletlon. The author may also ' have revised the text of the Original BETWEEN the Owner: ~ AIA standard form. An Additions and (Name, 7ega1 status, address and other information) Deletions Report that notes added Infarmatlon as wee as revisions to fhe City ofIvferidian standard farm text is available from 33 East Broadway Avenue ~ the author and should ba raNewed. A Meridian, Idaho 83642. vertical line In fhe left margin of Ihls document Indicates where the author and the ContractoC: ~ has added necessary Informallon (Name, legal stahfS, address and other information) and where the author has added to or deleted from the original AIA text. Butte Fence. This document has important legal 2049 East Wilson Lanc consequences. Consullatlon with en Meridian, Idaho 83642. attorney Is encouraged with respect Telephone Number: 20&884.0203 to Its camplellon or modiaeatlon. ! Fax Number; 208-864-8929 Thlsdocumenlls Intended lobe used for the fOAowing Project: In conJundlon with AIA Documents TM (Name, location and detailed description) A232 -200D, General CondlOOns of fhe Contract for Construction, Meridian Parks & Recreation Maintenance Facility Construction Manager ea Adv)aer Edition; B132T"-200!3, StandaM 1700 East Lanark Street Form of Agreement Between Owner Meridiar, Idaho 83642 and Architect, Conslrucllan Manager ' as AdNaer Edllion; and The Construction Manager: C732TM-2009, Slantlard Form of (Name, legal status, oddness and other information) Agreement Between owner and Conslructlon Manager as Adviser. Kreizenbeck LLC DBA I{reizenbeck Constructors, 11724 West Executive Drive AIA Document A232^^-20081s Boise, Idaho 83713 adapted in this document by Telephone Number: (208) 336-9500 reference. Do not use with other Fax Number: (208) 336-7444 general cantlltlons unless this document Is modltied. The Architect: (Name, legal status, address and other fnformatiorr) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. 4 AIA Document A732TM"-28x9 formerly A101TMCMa-7882). COpyrtght®1976,1980, 1992 end 2o0s by The American lnagluta of Amhllecls. All rights Init. reearvatl. WARNING: This AIA Document Is protected by U.B. Copydghi Law end Intemellonal Trestles. Unauthorized reproduction ordleidbutlon of ° thle AIA Document, or any portion of lt, may result In severe civil end criminal penalllee, and will be prosecutetl to the maximum extent possible under 1 the law. This document Was produced by AIA aeflwere at 11:01:29 on 08/29/2012 untler Ortler No.5907426600 1 whlGl expires on 01117/21179, and la not for resale, User Notes: (812268329) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT5UM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION B MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS t 0 INSURANCE.gND BONDS 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 ofthis Agreement, other documents listed in this Agreement and Modifications issued a8er execution ofthis Agreement, all ofwhich form dre Contract, and are as fully a part of the Contract a§ if attached to this Agreement ox repeated herein. The Contract represents the entire and integrated agreement between the parties hea•eto 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 Tha Contractor shall hilly execute the Work described in the Contract Documents, except as specifically indicated in the Contract Dogurierits to be theresponsibility of others. Bid Requirements; Provide alt tabor, matwial and equipment to complete the installation of all fencing and gates as noted iu the construction documents and per the following: Division 1-General Requirements Section 312000 _ FaAh Moving ** Section 323113 -Chain Link Fences & Gates Sedion033000-CasFln P1aceConcrete** ** As Applicable to Orin scope of work This contract specifically includes but is not limited to: • Funush and install all fences, gates, gala frames, gate posts and applicable hardware in accordance with construction documents. • Provide all excavation and backHll as required for this scope ofwork. • Famish and install all concrete and accessories as required for completing the work within Otis work package. • All Consbuclion shall follow OSHA standards and requkements. • Contractor to verify aO dimensions prior to the start of work. • Scope of the work mmains the same for all buildings idenOfied in the construction documents. • Scope of work fm• alternates remains the same as base bid. (as applicable) Thia contract specifically excludes: Init. AIA Document A732r"'-2003formerly A101 T•CMa-1092). Copyn9ht®1976,1930, 1992 and 2oD9 by The American lns0ule ofNchitecte. All rlBhta resarvam. WARNING: Thia AIA Document la protected by U.3. CopydghE Law antl International TreaOea. Unauthodzad reproduction or dlatrlbullon oft thla AlA Document, ar any ponlon of lt, may result In aavere civil end cdminal penalllaa, and will he prcaecutetlto iha maximum extent possible under ( the law. Thia document wee protluced by AIA eotlware at 11:01:29 on 03/23/2012 under OMer No,69WA28B00 1 which expires an 01/77!2013, end Is not for resale. Uaer Notea: (312266328) ARTICLE 3 DATR OF COMMENCEMENT AND SUBS7ANTlAL COMPLETION § 3.7 The date of commencement of the Work shaII be the date ofthis Agreement 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. (Insert the date ofcammencement, ifit dtffersfrorn the date oflhlsAgreement or, ifappltcable, stale that the date will be fixed in a notice to proceed) Tha commencement date will be fixed in a notice to proceed. I$ prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as fellows: § 3.2 The Contract Time shall be measured fiom the data of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date maybe used when coordinated with the date of commerrpcmenL Ifappraprlate, insert requirements for earlier Substantial Completion ofcertatn portions of the Work) The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013. (Table deleted) subject to adjustments ofthis Contract Time as provided in the Contract Documents. (Insert provisions, 'any, for liquidated damages relating to failure to achieve Substantial Completion on Nme or for bonus payments for early completion of the Work) In the overt the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,006.00) or %% of the Conhact Value (whichever is greater) for each and every calendaz day fallowing the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the ' Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, ht accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4,4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Seaton 5.1.4, 5.1.5 or 5.1, 6 below.) § b,2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be'1Wenty-Nine Thousand Six Hundred Thirty-One Dollars and Zero Cents ($ 29,631.00 ), subject to additions and deletions as provided in the Contract Documents. Base Hid $29,631.00 AIA Document A192T"-2009 Formerly A101r"CMe-1992). Capyd9ht®1978,1980, 7992 and 20e96y The American lnslllule ofAmhRecls. All rlghta Init. reserved. WARNING: Thla AIA Document le protected by U.S. Copyright Law antl International Treaties. Unauthorised roproduellon or dlstrlbutlon of thla AIAe Document, or any poRlon or Il, may result In severe civil and criminal penaltlea, antl will he proaecutetl to the maximum extent poeeible under t the law. Thla dowmentwae produced by AIA soflwere x111:07:29 on 00!28!2012 antler Order No.5907428850 1 which axplrea on 01/17/2073, and la not for resale. User Notes: (512208329) § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby awepted by the Owner: (State the ttumbers or other [dentifrcation ofaccepted alternates. Ifthe bidding orproposal documents perm[t the Owner to accept other alterna[es subsegu¢nt to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Ident~ and state the rttiit prlc¢, and state the quantity limitations, if arty, to which the un[t prcce will be appl[cable,) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Ident fy allowance and state exclusions, if any, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price § A,3.1 The Contract Sum is the Cost ofthe Work as defined in Bxhibit A, Determination ofthe Cost of the Work, plus fhe Contractor's Fee. § 4.3.2 The Contractor's Fee: (State a lamp sum, perceitage of Cost of the Work or other provision for determining the Contractor's Fee.) § 4.3,3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3,4 Limitations, if any, on a Snbconteador's overhead and profit for increases In the cost of its portion ofthe Work: § 4.3.5 Renfal.rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the Froject. § 4.-3.5Unlt prices, ifany: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Unite and Llmltatlons Prlee per Unit {$0.00) § 4,3.7 The Contractor shall prepare and submit to the Construction Manager far the Owner, in writing, a Control Estimato within 14 days of executing this Ageeement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost ofthe Work. § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost of the Work as defined in Bxhibit A, Determination oftha Cost of the Work, plus the Contractor's Fee. § 4.4,2 The Contractor's Fee: (State a dump sum, percentage of Cost of the Wofk or other provision for determining the Contractor's Fee.) Init. AIA OOCUment Af32TM-2009`formerly A101T"CMa-1992), Copyrlghl®1975,18110, 1892 end 2008 by The Amedcan lns9Wta of Archllecte, All rights reserved, WARNING: Thle AIA Document Is protected by U.a. Copyright Lew entl Inlemallonal Trestles. Uneuthorizad reproduction or dlaldbution of 4 this AIA° Document, or any portion of If, may result In severe civil end criminal peneltlae, entl will be proseeutetl to the maximum extent poealble under t the law. This tlocumenl was produced by AIA sofhvare et 71:07:29 on 09!28!2012 under Ober No.5907429bf10_1 whloh expires °n 01n7/2013, and Is not for resale. User Notes: (1172288329) § 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: § 4.4.5 Rental rates for Contractor-owned equipment shalt not exceed percent ( %) of the standard rate paid at the place of the Project. § 4.4.6 Unit Prices, if any: (Ident~ and state the unit price, and state the quantity limitations, :f arty, to which the unit price will be applicable.) Item Units and Limltatlons Price per Unit ($0.00) § 4A.7 Guaranteed Maximum Price § 4,4.7.1 The sum ofthe Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by The Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in arty savings) § 4,4.7.2 The Guaranteed Maximtun Price is based on the following alternates, if any, which arc described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any; (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.) Item Allowance § 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the ConstructionManager and Architect and issuance by the 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, § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day ofthe month, or as follows: AIA Document Ala2'"'-2009 formerly A101 T'"CMa-1892).Copyright®9974,1980, 1992 antl 2008 by The Amerlean institute ofAmhltecls. All dghls Init. raservetl. WARNINe: Thle AIA Document Is protected by U.9. Copyright Law and Internatlonel Trestles. Unauthorized reproduction ordletribullon of thla AIA° Document, or any portion of It, may result Inaevare elvll and cnminal penalties, and will be prosecuted to the mazlmum extant poeelhle under y the Isw. Thla documenlwas produced byAlA software a119:01:29 on 08f2Bl2092 under Ortler No.680742e800 1 whleh expires on 01l1772A10, end Is not for resale, User Notes: (812286329) § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the fallowing month. if an Application for Payment is received by the Construction Manager after the application data fixed above, payment shall be madeby the Owner not later than Thirty (30) days after the Construction Manager receives the Application for Payment. (Federad, state or local laws may regulre payment within a certain period of h'me.) § 5.1.4 Progress Payments Where the Contract Sum Is Based on a Stipulated Sum § 5,1.4.7 Each Application for Payment shall be based on the most recent schedule ofvalues submitted by the Contraotor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents, The schedule of values shall allocate the entire Contraat Sum among thevarious portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as tho CenStfUCtion Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contraotor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the peecentage of completion of each portion of the Work as ofthe end of the period covered by the Application for Payment. § 5.1.4.9 Subject to the provisions ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .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 al located to that portion of the Wark in the approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the Genera[ ConditOns, as modified; .2 Add that portion ofthe Contract Sum properly allocable to materials end equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, If approved in writing in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage ofFive percent (5,00 %); .3 Subtract the aggregate of previous payments made by the Owner; .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 ofthe Genera] Conditions, as modified; and .5 Subtract a[iiounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1,4,A The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances; .1 Add, upon Substantal Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95.00 %) of the Contrail Sure, less such amounts as the Construction Manager recommends and the Architect determines far Incomplete or defective Work, or both and unsettled claims; and' ,2 Add, iffiiial completion ofthe Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable in accordance with Section 9.10.3 ofthe Goneral Conditions, as modified. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Worlry to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3. /and 5.1.4.3.2 above, and this is not explained elsewhere in the Cantracl Documents, insert here provisions far such reduction or limitation.) No reduction in retainage will be allowed prior to final completion without written approval of the Owner. § 5:1,4.8 A condition will be included forbidding more retainage from a contractor of supplier than retained from their portion oftha Work. Init. AIA Document A132TM-2009 ~formorly AlD7 ~"CMa-7992). Copyrl9ht®1875,7980, 1882 end 2DOB by The American instilula ofArchllecls. All rights resarvsd. WARNING: Thle AIA Doaumant la proteoted by U.9. Copyright Law and Iaternatlonal Treatlee. Unauthorized reproduction ar tlletributlon or 8 this AIA° Document, or any poAlon of It, may result In severe civil entl edminal penalties, and will be prosecuted to the ma><Imum extent po9el61e under / the law. This document was pratlucetl by AlA software at 17;01;29 on 08/29/2012 under Order No.5B07429800_i whPoh aKplrea on 01/1 712 0 1 3, and Is notf°r resale. User Notes: (912298328) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, alongwith payrolls, petty cash accounts, xeceipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manage,• or Architect to demonstrate that cash disbursements already made by the Contractor on account ofthe Cost ofthe Work equal or exceed (1) progress payments already received by the Contractor; less (2} that portion of those payments attributable to the Contmatar's Fee; plus (3) payrolls for the period covered by the present Application fm' Payment. § 5.1.5,2 Applications for Payment shell show the Cost of the Work actually incurred by the Conhactor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5,1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; .2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Contractor's Fee is stated as a fixed sum, an afttount whioh beazs the same ratio to that fixed-sum Fee as the Cost of the Work beats to a reasonable estimate ofthe probable Cast of the Work upon its completion; .3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shlirtfall, if any, indicated by the Contractor in the deaumentafion required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentafion; and :6 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdravm a Certificate for Payment as provided in Section 9.5 of AIA Document A232'"'-2009, General Conditions of the Contract for Conshruction, Construction Manager as Adviser Edition. § 5.1,5,4 The Owner, Construction Manager and Contractor shall agree upon (1) a mntually acceptable procedure for reyiaw and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordatce with those agreements. § 5.1.5.5Intakulgection on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in acwrdance with Article 5 or other supporting data; that the Conshilction Manager and Architect have made exhaustive or continuous on-s$e inspections; or that the Construction Manager and Architect have made examinations to ascertain how or far what purposes the Contractor has used amounts previously paid on account of the Contract, Such exanlnladons, audits and verifications, if required by the Owntir; will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5,1.8 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Prlee § 5.1.8.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the peried covered by the present Application for Payment. § 5,1,6,2 Eech Application for Payment shall be based on the most recent schedule ofvalues 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 farm and supported by such data to substantiate its AIA Document A132TM-21109 formerly A101 TMCMa-1992). COpydahl©1975,1980, 1992 and 2009 by Tha Amedcen lnealule of Archirecls. All rlghta Inik reservetl. WARNING: Thla AIA Dooumenf Is prokected by V.S. Copydahl Law and Intarnatlonal Treaties. Unauthorized reproduction or dlatdbution or thla AIA® Document, orany portion of it, may result In eevera civil end oriminal panaltlea, and will be proeecuted to the maximum extent poeel8la under 1 the law. This document was produced by AIA software et 11:01:28 on 08/20/2012 under Order No.5907A211800_1 which axplree on 01!17/2013, and Is not for resale. User Notes: (012288329) accuracy as the Constlvilion Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as s basis for reviewing the Contractor's Applications for Payment. § 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as ofthe end of the period covered by the Application far Payment The percentage of completion shall be the lesser of (1) the percentage ofthat portion ofthe Workwhich has actuallybeen completed; or (2) the percentage obtained by dividing (a) the expense first has actually been incurred by the Contractor on account of that portion of the Work for which the Contractoe has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: ' .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined bymultiplying thepercentage ofcompletion ofeach portion ofthe Workby the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232-2009; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Wark, or if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Cordractar's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum In that Section, shall be an amount that bears the same reGo to that fixed-sum fee as the Cost of the Wotk bears to a reasonable estimate ofthe probable Cost ofthe Work upon its completion; .4 Subh~act retainage of percent ( %) from that portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section S.1.G.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, far which the Construction Manager or Architect have withheld or nullifted a Certificate for Payment as provided in Section 9.5 of AIA Document A232 2009. § 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subwntraotors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.6.6 h1 takhtg action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely ort the accuracy and completeness of the information famished by the Contractor and shall not ba deemed to represent that the Construction Manager or Architect have made a detailed examination, auditor aridunetic verification of the documentation submitted in accordance with Section S.LG.1 ar other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Constmction Manager ox Architect have made examinations to ascertain how or for what purposes the Coniractor has used amounts previously paid on account ofthe Contrail. Such examinations, audits and verIftcations, ifrequired by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored atthe site. § 5,2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232 2009 as modified, and to satisfy older requirements, if any, wh[ch extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and AIA Document A132r^+-2008 formerly A101iMCMa-t992). Copydyhl01876,1880, 1992 and 20086y The American lnelllule oFArchltecls. All rights Init. reserved. WARNING: Thla AIA Document la proteNed by U.S. Copydght Lawand International Trestles. Uneuthodzed reproduction ordletdbutlon of lhle AIA° Document, or any portion of It, may result In severe olvll and criminal penaltlea, antl will be proeaeutetl to the maximum extent poaslbla under ~ the law. This documenlwes produced by AlAaorhvare al 11:01:29 on 0 8/2 912 012 under Ortler NO.5807420900 7whleh expires on 01/17/2013, and la not tar resale. User Notee; (812208329) .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Dedslon Maker The Architect will serve as Initial Decision Maker puesuant to Section I5.2 of ATA Document A232--2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information ofthe Initial DecisionMakeg if other than the Archrtegt.J §'6.2 Binding Dispute Resolution FoF any.Claim. subject to, but not resolved by, mediation pursuant to Section 15.3 ofAIA Document A232-2009 as 'modified, fhe method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do"not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a cofrrt of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AiA Documenk A232--2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Wharf:-the Contract Sum Is a Stipulated Sum § 7,1..1 The Contract m7iy be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232=2009 as modified.. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. § T.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price § T.2,1 Subject to the provisions of Section 7.2.2 below, khe Contract may be terminated by the Owner or the Contractor as provided in Article 14 ofAIADocument A232--2009. § 7.2.2 The Contract may be terminated by the Owner far cause as provided in Article 14 of AIA Document A232 2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Sectiens 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Worlc at the time of termination bears to a reasonable estimate of the probable Cost ofthe Work upon its wmpletion; and .3 Subtract the aggregate of previous payments made by the Owner, § 7.2.3lfthe Owner terminates the Comma for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232 2009, the ameunt, if any, to be paid to the Contractor under Section 14.2,4 of AIA DocumentA232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shah it exceed the amonnt calcnlated in Section 7.2.2. § 7,2,4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental et the election of the Owner, for any equipment owned by the Contractor U7atthe Owner elects to retain and that is not otherwise included in the Cost ofthe Work under Section 7.2.1. Te the extent that the Ovmer elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments AIA Document A792T"-2009 !rformerly A101'"CMa-7982). Copydaht®1076,1980, 7882 end 2008 by The Amedcan InsOtute oFArchltects. All rlghte init. reserved. WARNINe: Thla AIAe Document la protected by U,S, Copyright Law end Intarnallonel Treatlea. Unauthorized reproduction or dlstdhullon of this AlA° Document, orsny portion of It, may result In severe clvlf and cdminal peneltl6e, and will he prosecuted W the maximum extent poealble antler t the few. This document wee produced by AIA soawsre at 11:01:28 on 09/28!2012 under Order Na.a80742BB00 7 whloh expires on 07/17/2013, end is not for re9818. User NOtes: (812280328) referred to In this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § T.2.6 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A232-2009; in such case, the Connect Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232-2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections 4.3.Z and 4.4.2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where referettca is made in this Agreement to aprovision of AIADocument A232-2009 as modified or another Contract Document, the. reference refers to that provision es emended ar supplemented by other provisions of the Contract Documents. . § 8,2 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 rata prevailing from time to time at the place where the Project is located. (/nsert rate ofinterest agreed irpan, ifarry.) 3/4 of i% pox morith § 8,3 The Owner's representative: (Naive, address and other information) Keith Watts, Purchasing Manager City ofMeridiad Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representative: (Name, address and other information) Jared Bell Butte Fence 2049 Eiist Wilson Lane Meridian, Idaho 83642 Telephone Number: 208-884-02.03 Fax Number: 206-884-8929 § 8,5 Neither the Qwner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § B.fiOtherprovisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9,1 Tho Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIADocument AI32-2009 ss modified, Standard Form of Agreement Between Owner end Contractor, Construction Manager as Adviser Edition, § 9.1.2 The General Conditions are, AIADocument A232 2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, § 9.1.3 The Supplementary and other Conditions of the Contract: AIA Document A792r"'-2009 formerly A7al TMCMa-1992). Copyr19h101975,7960, 1992 and 20096y Tha Amerlcen lnstllule of Arohllects. All dahta Inlt reserved. WARNING: Thle AIA~ Document Is protected by U.9, Copyrlghf Law and Internetlonel Treellea. Uneulhodzed reproduotlon or dlslrlbutlon of 10 thle AIAs Document, or any portion of It, may result In severe clvll snd crlminel peneltlea, and.wlll be prosecuted to the mazlmum extent psasible antler i the low. Thle doeumentwas produced by AfA soaware x171:01:29 on 06!26/2012 under Order No.5907428900_1 which expires an 0 111 712 0 1 3, end Ie nal far reaele. User Notes: (012266329) Document Title Date ExhibitA ContraotDocumentSchedule 8/23/2012 § 9.1.4 The Specifications: (Eit~ler.lfst the Spec~caltons here or refer to an exhibit attached to this Agreement.) Cdiitrtict Document Schedulo, Exhibit A, dated August 23, 2012 (Table deleted) § 8.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Contrect Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9.1.8 The Addends, if any: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Pages 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. § 9.7.7 Additional documents, if any, forming part ofthe Contract Documents are: .1 AIA Document A132T"t-2009, Eachibit A, Determination of the Cost afthe Work, ifapplicable. .2 AIA Document E201T"Q-2007, Digital Data Protocd Exhibit, if completed, or the following: N/A .3 AIA Document E202T^t-2008, Building btformation Modeling Protocol E~thibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (List here arty additional dacunrents which are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bits Instructions to Bidders, sample forms and the Contractor's bid are notpart of the Contract Documents unless emm~erated in this Agreement. They should be listed here only if intended tc be part ofthe Contract Documents.) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, BId Proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 General Conditions ARTICLE 70 INSURANCE AND BONDS The Contractor shall purchase and maintain insumnce anti provide bonds es set forth in Article 11 of AIA Document A232--2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance ahd Bonds". Contractor is required to provide 100% Payment and Performance Bonds. (State bonding requirements, fany, and limits of liabilityfor insurance required inArticle II ofAIA Document A232 2009.) AIA Document A132TM-2008 formerly A101 raCMa-1992), COpydght®1975,1990, 1892 end 2o09 by The American lna0tule oFAmhltecn. All dghte Init. reserved. WARNING: Thla AIAt Document la pralected by U.S. Copyright Law antl Intamatlanat Treatlea. Unauthorized raproducllon or dlstrlbullon of ~.~ thle AIAa Document, or any portion of It, may result Inaevere civil and criminal penalties, and will be proaacutetl to the maximum extent poselble under t the law, Thls document was produced by AIA soaware e11t:01;29 on 05/20/2072 antler Ortler No.69 W426000 1 which explrae on 01 /1712 01 3, end la nol for resale. User Noles: (012200328) • Type of Insurance ar Bond Limit of Liability or Bond Amount ($0.00) This Agreement is entered into as of the day and year first written above. ~ly!' OWNER (Signatur JTRACT7nOR~/lSignature) J Tam~deWeerd,.Mayor ~~yy'C[K t~l.• ~!-~~, ~('C51.~t~ (Printed name and title). (Printed name and title) ~ AIA Document A132T"-2008 formerly A707TMCMe-1892). Copyrlght m 7975, 7980, 7992 end 2008 by Tha American Institute of Arohilecla. All rights Init. reserved. WARNING: This AIA Document Is protectatl by U.S. Copyrlght Law end Internatlonel Trestles. Unauthorized reproduction or dlatributlon of ~ rt this AIA° Document, or any portion of It, may result In severe civil antl criminal penaltlea, antl will be proaecutetl to the maximum a#ent posalble under ) the law. Thla document wee produced by AIA software et 77:01:29 on 06/29/2012 under Order No.5907429800_1 which expires on 01/17/2013, end Is not for reaele. Uasr Notes: (812266329) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 1706 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer -Musgrove Engineering, P.A. Electrical Engineer - DC Engineering Civil Engineer--Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/31/2012 A0.1 Cover Sheet ARCWITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Slte Plan A1.1 Site Details CIVIL -Dated 7/30/2012 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan -Overall C2.1 C2.2 Grading & Drainage Plan-Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Site & Grading Details C4.1 C4.2 Irrigation Details C4.3 C4.4 City of Meddian Standard befalls-2 C5.0 C5.1 Stormwater Pollution Prevention Plen -2 LANDSCAPE-Dated 7/31/2012 oras Indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3,0 L3.1 Irrigation Plan (dated 7118!2072) L4.0 ARCHITECTURAL - Date 7/37/2012 BLD-A A2.OA Ovarall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2,3A A3.OA Reflected Ceiling Plan A4.OA A5.OA Extedor Elevatlona A6.OA Merldlan Parks & Recreation Melntenance Facility Page 1 of 2 Topographic & Control Survey Grading & Drainage Plan -Area 1 Roadway Plan & Profile - E. Lanark St. Site Utility Plan Gravity Irrigation Plan & Profile Site, Drainage, and Irrlgallon Details Cliy of Meridlen Standard Details -1 Stormwater Pollutlan Prevenllon Plan -1 Landscape Plan Landscape Plan (dated 7118/2012) Irrigation Details (dated 7118/2012) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 A5.1A Well Secllons A5.2A Wall Sections /Details A7.OA Interior Elevations I Details AB.O DoorNVindow Schedule & befalls Ag.O Details/Energy Compliance BLD-- B A2.06 Floor/Roof Plans A3.OB Exterior Elevations BLD-C A2.OC FloorlRoof Plans A3.OC Exterior Elevations /Sections A3.1C Wall Secllons /Details BLD-D A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Secllons STRUCTURAL -Dated 7/31/2012 S1.0 Structural General Notes S7.1 Special Inspections S2.OA Foundation Plan Bld A S2.OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Details -Foundation S5.0 Structural Details-Framing MECHANICAL -Dated 7/3 012 0 7 2 MG1.0 Mechanical Cover MO1.1 Mechanical Energy Compliance M1.0 HVAC Plan- Mafn Building M1.1 HVAC Plan -Building C M2,0 HVAC Details M3.0 HVAC Schedules PLUMBING -Dated 7/30/2072 P1.0 Plumbing Plen - Building A P1.1 Plumbing Plan -Building C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRIC AL -Dated 7/30/2012 E0.0 Electrical Cover Sheet E0.1 Site Electdcal Plan E0.2 Electrical Roof Plen E1.0 Power Plan -Building A E1.1 power Plans-Building B, C, & D E2.0 Lighting Plan-Building A E2.1 Lighting Plans -Building B, C, & D E3.0 One Line Diagram end Panel Schedules E4.0 Lighting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 1 ' v TT ~~ ~~AlA Document A132'N - 2009 Standard f=orm ofAgreement Between Owner and Confracforconstruction Manager as Adviser Edition Bid Package No. 2- Landaeaping and Irdgation System ~~~ ADDITIONS AND DELETIONS: AGREEMENT made as of the Ttn'enty-Forth day of August in the year Ttvo Thousand Tha author of this document has Twelve added Informallon needed for Its (!n words, iridicale day, month and year.) completion. Tha author may also ' ~ ~ have reNsed the text of the original BETWEEN the Owner; AIA standard form. An Additions and (Name, legal status, address and other information) Deletions Repod that notes added Informallon as well as reNSlons to the City of Meridian ~ ~ standard form text is avallabla from 33 East Broadway Avenue the author ana should be reviewed. A Meridian, Idaho 83642 vertical line In the IeR margin of this document Indicates where the author and the Contractor: ~ has added necessary Informallon (Name, legal stahts, dddress and other information) and where the author has added to or deleted from the odginal AIA lex1. Lawn Co. ~ ~ This document has important legal 2581 WJldwoad consequences. Cansultetlan with an Boise, Idaho 83713 attorney Is encouraged with reaped Telephone Number: 208-323.0234 to Its completion or mod8lcatlon. Fax Number: 208-323-0240 This document Is Intended to be used for the fUllOwigg Pftijecf: In oonJundlon with AIA Documents TM (Name, location and detailed description) A232 -2008, General Conditions of the Contract for Construction, Meridian Parks & Recreation Maintenance Facility Conslrucllon Manager as Adviser Edltlon; 8132 n^-2008, Standard 1700 East Lanark Street Form of Agreement Between Owner Meridian, Idaho 63642 and Architect, Canstructon Manager as Adviser Edltlon; and The Constructioh Manager; C132T"-2008, Standard Farm of (Name, legal status, address and other information) Agreement Between Owner and - Conslrucllon Manager as Adviser. Kreizenbeck, LLC ABA I{reizenbeck Constructors, 11724 West Execative Drive AIA Document A232*"-2009 Is Boise, Idaho 83X3 adopted In this document by Telephone Number: (208) 336-9500 reference. Do not use with other Pax Number (208) 336=7444 general conditions unless this document Is modl0ed. The Architect: (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise, Idaho 83706 Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. nrw uocumenrwnax •^-zuua rormeny ple9'"cma-Taazl. copyrlant®1W5, 1aeo, T8a2 and 2008 by The Amenean lnsaNte ofAmhaecls. All dghta Init. reserved. WARNING: This AIA Document Is protected by U.S. Copydpht Lew end Intemetional Trestles. Unaulhodzed reproduction or dlatrtbutlon this AIA° Document, or any portion of It, may result In severe elvll and edminal penalffes, end will be prosecuted to the maximum extent peaetble un / the law. Thla document was produced byAlA soaware at 11:00:11 on 03/23/2012 under Order No.5807425e110_1 which expires an 01/17!2013, and Is not for resale. User Notes: (17522006A8) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION S MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the t.`ORh'aCt (C3eneral, 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, all of which 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 fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Requirements: Provide all labor, material and equipment to furnish and install a complete operational underground irrigation sprinkler system, landscape plantings, grass seeding and sod as shown on the construction documents and per the following: Division 1- Ganexal Requirements Section 312000-Earth Moving** Section 328423 -Underground krigation Section 329300 -Plantings ** As applicable to this scope of work This contract specifically includes but is not limited to: • Famish and install all landscaping and irrigation work in accordance withthe construction documeals. • Furnishandinstallallnativegrassseedingandsodasindicetedbytbeconstructiondocument.l7ilsincludesre-seeding in recycled asphalt stock pile area when work is complete. • Provide excavation, trenching and back£11 fox work required within this work package. • Furnish end install bark mulc}y river rock and boulders in all planting bads as indicated in the construction documents. • Fuailsh and inshall all irrigation sleeves required fi complete the irrigation system. • 'Famish end install ell top soil amendments, tilling, and fine grading of topsoil at all landscaped areas. • Excess materials from landscaping and irrigation aclivitias shall be removed from she. Sdope ofthe work remains the same for all 6uildtngs identified in the construction documents. • Scope of work for alternates remains the same as base bid (es eppllrable). This contract specifically excludes: AIA Document A132TS- 2009 lormeny A901 T"CMa-1992). Copyright ®9 W5, 9880,1992 and 2009 by The Amerioan Institute aFAmhllacts. All rlghte IniR reserved. WARNING: Thla AIA Document to protected by U.S. Copyright Law and Intematlonal Treatise. Unauthorized reproduction or tlietdbutlon o! this AIA® Document, oreny ponlon of It, may result In severe oIvII and erlminal penaltlee, and will 6a prosecuted to the maximum extent poeelbls under / the Taw. This document wes produced by AIA software el 11:00:11 on 08/2912092 under Order No.6907428806 9 which expires on 09/97/2093, entl la not for resale. User Notes: (1752200549) • Provide, place and rough grade of topsoil. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3,7 The date ofcommencement of the Work shall be the date of this Agreement 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. (insert the date ofcommencement, :fit differsfrom the date ofthisAgreement or, ifappltcable, state that the date will be fixed in a noh'ce to proceed) The commencement date will be faced in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens end other security interests, the Owne1's 6me requhement shall be as (allows: § 3.2 The Contract Time shall be measured from the date ofcommencement. § 3r3 T'he Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date ofcommencement, or as follows: (Insert number ofcalendar days Alternatively, a calendar date maybe used when coordinated with the date of commencement. lfappropriate, insert requirements for earlier Substantial Completion of certain portions of the )(!ork.J The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013. { (Table deleted) subject to adjtistm~ts of this Contract Time as provided in the Contract Documents. (insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus payments for early completion of the Work.J 111 the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollaes ($11000.00) br r/4% dithe Contract Value (whichever is greater) for each and every calendar day following the end of the"Contract Time until Substautial Completion is achieved; provided that the Contractor shall not be liable for liquidated.damages for a day, or days of the excusable delay occurring during such period following the end of the Coitract T11ne. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contra6l Sum shall be one of the following: (Check the appropriate box.J [ X ] Stipulated Sum, in accordance with Sectien 4.2 below ] ] Cast of the Work plus the Contractor's Fee without a Guaranteed Maximum Frice, in accordance - with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4, 2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) 4,2 Stipulated Sum 4,2.1 The Stipulated Sum shall be Filly-One Thousand Three Hundred Thirty-Nine Dollars and Zero Cents ($ .,339.001, subiect to additions and deletions as provided in the Contract Documents. AIA ao•ument A432TS-2008 formerly A1011eCMa-79921. COpydpht®1075,1980, 1992 antl 2000 byThe Amarleen lnallluledArchllecls. All debts Init. reaervetl. WARNING: Thle AfA Document Is protected by U.a. Copyrl®ht Law and Intemallonal Trestles. Unauthorized raprotlucnon or dlatdbutlon of this AIA° Document, or any poRlon or Il, may result In severe elsll antl criminal penaltlea, antl will be proaecutetl to tho maximum extent poeelUl• under / the law. This document wee protluoetl by AlA sofhvare at 11:00:11 on 00/28/2012 under Order No.680742aB00 1 which explrea an 01/17!2013, and le notfor resale. User Notes: (175220)1540) { § 4.2.2 The Stipulated Sum is based an the following alternates, ifany, whirft are described inthe ContradDocuments and are hereby accepted by the Owner: (State the numbers or other identifrcation of accepted alternates. If the bidding or proposal documents permit the t~lvner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, ifany: (Identify and stale the unitprice, and state the quantity limitations, if arty, to which the unit price will be applicable.) Item Units and Limitations Price per Unif {$0.00) § 4,2.4Allowances included in the Stipulated Sum, ifany: (Identify allowance and state exclusions, if arty, from the allowance price.) Item Allowance § 4,3 Cost of the Work Plus Contractor's Fee wltheut a Guaranteed Maximum Price §.4.3.1 The Contract Sumis the Cost ofthe Work as defined in Exhibit A, Determination of the Cost ofthe Work, plus the Contraotor's Fee. § 4,3.2'j'ire Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other pravisionfor determining the Contractor's Fee.J § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4,3.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work: § 4.3.5 Rental rates for Conh•actor-owned egtupment shall not exceed percent ( %} of the standard rata paid at the place of the Ptoject. § 4.3.6 Unit prices, ifany: (Identify and state the unit price; state quantity limitations, ifany, to which the unit price will be applicable.} Item Unlts and Limitatlons Price per UnIE ($0.00) § 4,3,7 Tha Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estifiata within 14 days of executing this Agreement. The Coniro] Estimate shall include the items in Section A.1 of Exhibit A;1)ei0nithtaHon of the Cost of the Work. § 4.4 Coat of the Work Plue Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor's Fee. § 4.4.2 The Contractor's Fee: (State a tamp smn, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) AIA Document Atl32"+-2008 fonnedy A107TMCMe-70021. Capyrl0hl®1075, 1880, 1002 end 2000 by The Amedcan lnstltule of Archltecls, All dahfs InIG reeervem. WARNING: Thla AIA Document la protected by U.9. Copydght Lew end Inlernetlonal Treallea. Uneulhodzad reproduetlon ordlatdbutlon of 4 thle AlA Documenl,orany portion of lt, may result In eevere Wvll end cdminel penal(lee, entl will baproeeeuted to the mezimum eMentpoeal6le under t the Iaw..This document was produced by AIA ecllwaro e171:00:11 on Oal2B/2072 under Order No.eB0742eB00 1 which ezplres an 0111712013, end Is not for resale. Ueer Notes: (1762200649) § 4.4.3 The method of adjustment of the Contractor's Fee foe changes in the Work: § 4,4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work: § 4.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rata paid at the place of the Project. § 4.4,8 Unit Pikes, if any: (Identify and state the unit price, and state the gnantity limitations, ifany, to which the unltpriee will be applicable.) Item Unite and Llmltationa Price per Unit ($0.00) § 4A.7 Guaranteed Maximum Pdce § 4.4.7.1 The sum of the Cost ofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as providedm the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum rice to be exceeded shall be paid by the Contractor without reimbursement by the Owner, (Insert specific prdvisiane tf the Contractor is to participate in any savings) § 4.4.7,Y The Guaraateed Maximum Price is bawd on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: § 4.4.7,3 AI(owances included In the Guaranteed Maximum Price, if any: (/dentify and state,the amounts of arty allowances, and state whether they inclade labor, materials, or both,) Item Allowance § 4,4.7,4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 5 PAYMENTS § 5,7 Progress Payments § 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Conhactor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the 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. §' 5,1.2 Theperiod covered by each Application for Payment shall be ate calendar month ending on the last day ofihe month, or as follows: AIA bocumenl A732*" -2009 `/formerly A101TMCMa -1092). Copyd9hl ®1875, 1990,1992 and 20D9 by The American Instllute of Arohllecls. All dahls Init. reaervad. WARNING: This AIAO Document la protected by U.a. Copyright Law antl Inlarnallonal Treaaes. Ilnauthodzad reproducllon ordlslrlbutlon of this AIA° bocument, orany porllon of It, may result In severe civil and erlminel penalties, and x711 be prosecuted to the maximum extent poaelble under y fha Iaw.7hls document was pratluced by AIA sollware e117:00:t 1 on 119/29!2072 under Order No.5907429900 7 whlah expires on 01N 712013, and Is nol for resale, !leer Notes: (1752200649) ' § 5.1,3 Provided that an Application for Payment is received by the Construction Manager not later than the { T~yanty-fifth day of a month, the Owner shall make payment ofthe certified amount in the Application for Payment to the Contractor not later than the Twventy-fi$h day ofthe following month. If an Application far 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 Paymont. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract Documents. The srdredule of values shat l allocate the entire Contract Sum among the various portions of the Work and ba prepared in sucks farm and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5,1.4,2 Applications for Payment shall show the percentage of completion of each portion ofthe Work as ofthe end ofthe period covered by the Application for Payment, § 5.1:4,3 Subject to the provisions ofthe Contract Documents, the amount of each progress payment shell be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work es determined by multiplying the percentage completion of each portion ofthe Work by the share ofthe total Contract Sum allocated to that portion ofthe Work in the approved schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 ofthe General Conditions, as modified; :2 Add that portion ofthe Contract Sumproperly allocable to materials end equipment delivered and sink@bly stored atthe sitefor subsequent htcorporation in the completed construction (m~, ifappeoved in Writing id; adviince by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage ofFive percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, fot which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 ofthe General Conditions, as modified; and .5 Subtract amounts, if any, being withheld by the Owner or Constmction Manager as provided in the Contract Documents." § 5.1.4.4 Theprpgress payment amount determined in accordancewith Section 5.1.4.3 shall be furthermodified under the following circumstances: ,1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety=five percent.( 95.00 %) ofthe Contract Sum, less such amoums as the Conshudion Manager recommends and the Architect determines for incomplete or defective Work, or both and unsettled claims; rind. .2 Add, iffinal completion ofthe Woxkisthereaftermaterially delayed through no fault ofthe Contractor, any additiohal amounts payable in accordance with Section 9.10.3 ofthe General Conditions, as modified. § 5.1,4.5 Reduction or limitation ofratainage, if any, shell be es follows: (If it is intended, prior to Substantial Carnpletion ofthe entire Work, to reduce or Limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1, 4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitnfion.J No reduction in retainage will be allowed prior to final completion without written approval ofthe Owner. § 5,1.4.6 A condition will ba included fmbiddingmoreretainagefrom acontractor orsupplier than retained from their portion ofthe Work. AIA Document A432T'"-2009 formerly A701TMCMa-1992). Copyd9hlm 1976,1960, 1992 end 2008 by The American lnsdlute of Arohllects. All debts Init. reserved. WARNING: Thla AIA Document Is protested by U.9. CopydOht Law and International Treatise. Unauthorized reproduction or dlatdbuflon of this AIA° Document, or any podlan of It, may result In severe civil end criminal psnaltles, and will be prosecuted to the maximum extent possible under t lha law. This document was produced byAlA software x111:00:11 on 0 6/26120 7 2 untler Order No.68074266017_1 which expires °n 01/77/2013, end le not far resale. User Notes: (1752200548) § 5.1.5Progreas Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed Maximum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash acwunts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owna1; Construction Manager ar Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contmctor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period wvered by the present Application for Payment. § 5,1,5.2 Applications far Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the nextApplication for Payment. § 5.1.5.3 Subjggt to other provisions of the Contract Documents, the amount of each progress payment shall be computedas follows:: .1 Take the Costof the Work as described hr Exhibit A, Determination of the Cost of the Work; .2 Add the Conh~a6tor's Fee, less retainage of percent ( %). The Contactar's Fee shall be computed upon the Cost of the Work described irr that Section at the rate stated in that Section; or if the Contractor's Pee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon tts completion; .3 Subtract eetanage of percent ( %) from that portion of the Woek that the Contractor self-performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Sutitrect tf76 shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subteao[amounts,ifany,forwhichtheConstructionManagerotArchitcethaswithheldorwithdrawna Certificate for Payment as provided in Section 9.5 of AIA Document A232'"'-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. ~ § 5:1,5.4 The Owner, Construction Manager and Conh•ector shall agree upon (1) a mutually acceptable procedure for ` review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Qontracfor sfiall execute subcontracts in accordance with those agreements. § 5.1.5,51rr taking action on the Cpi7tractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Article 5 ar other supporting data; that the Qohiitruction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have xitade eiiaminalions to ascertain haw or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed bythe Owner's auditors acting in the sole interest ofthe Owner. § 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.6 Progreso Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Pries § 5.1.8.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal ar exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Paymenk § 5.1.6.2 Each Application for Payment shall be based an the most recant schedule of values submitted by the Contractor in accordance with the Contract Documents. Tha schedule of values shall allocate the entire Contract Sum among the various portions ofthe Work and be prepared in such form and supported by such data to substantiate its AIA Document A732TM- 2008 t(form~rly A701'"CMa - 7992). Copyright ®1975, 7860, 1992 antl 2009 by The Amedcan Instllule of Architects. All rlOhls Init. reserved. WARNIND: This AIAb Document la protected by U.a. Copydght Lew antl Intarnatlonal Treaties. Unauthorized reproduction or dlalrlbulion of this AIA® Document, or any ponlon of It, may resultin severe civil and criminal pensltlee, and will b° prosecuted to the msslmum axlent poselbla under ) the law. This document was protlucetl by AIA software at 11:00:7-1 on 00/26/2012 under Order No.6807429600 1 whlah expires on 01117!21119, and la not for resale. User NOtee: (7762200648) accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as s basis for reviewing the Contractor's Applications fot Payment. § 5.1.8.3 Applications for Payment shell showthe percentage of completion of each portion of the Work es ofthe end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage ofthat portion ofthe Work which has actually bean completed; or (2) the percentage obtained by dividing (a) the expense that has actually been hlcurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the W ork in the schedule of values. § 5.1.8.4 Subject to other provisions of the Contract Documents, Ufa amount of each progress payment shall be computed as followsl' -' - .1 Take tlriit portion of the (ittaraateed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion ofthe Work by the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owuar of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Dowment A232-2009; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site far subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Confractor's Fee, less retainage of percent ( °/a). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, shall bean amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; ,4 Subtract retainage of percerrt ( %) from that portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, Indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Consfiuction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A232 2009. § 5.1.8.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in acwrdance with those agreements. § 5.1.8.81n taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and wmpleteness of the information famished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, auditor arithmetic verification ofthe documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previouslypaid on account ofthe Contract. Such examinations, audits and verifications, ifrequiredby the Owner, will beperformed bythe Owner's auditors acting in the sole interest of the Owner. § 5.1.8.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when ,1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AiADocument A232--2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost ofthe Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and AIA bocument A702T" - 2008 /Iformerly Af 01 *"CMa-19921, Copyright ®1976,1980, 1992 and 2009 by The American Ina9lule o(Archltecls. All rights Inlf. reaervad. WARNING: Thle AIA°' Dcoumant la protacfatl by U.S. Copydght Law and International Treatise. Unauthorlxetl reproduellon ar tllatnbutlon of this AIA° Document, or any portion of Ih may result In severe civil and edminal penaltlea, and will be proeacuGd to the mazimum axfanf possible antler / the law. This document was produced by AIA software e111:00:ii on 08/28/2012 under Order No.5907428800 1 which ezplrea on 0117712013, and Is not for resale, UsarNotes; (1752200549) .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance ofthe final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232--2009 es modified, unless the ptvties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mu[ually agree, inser4 the name, address and other contact information of the IniNalDecisionMaker, tf other than tNedlrchitect.) § 8.2 Biltdllig Dlapute ResGlutlon For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AI~1 Document A232--2009 as modified, itle method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do notselect a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved Sy litigation in a court of competentjurisdlcdon) [ ] Arbitration pw•suant to Section 15.4 of AIA Document A23~2009. [ X ] Litigation in a court of competent jurisdiction, [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION / § 7.1 Where the Contract Sum Is a Stipulated Sum § .7.1.1. The Contract inay be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009 as modified. § 7.2 Where fhti Contract Sum Is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Adicle 14 of AIA Document A232-2009. § 7.2,2 The Contract may be terminated by the Owner for cause as provided in Article ] 4 of AIA Document A232-2009; however, [he Owner shall then only pay the Contractor an amount calculated as (allows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Fee computed upon the Cost of the Worlc to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtractthe aggregate ofprevious payments made by the Owner. § 7.2.3If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232 2009, the amount, if any, to ba paid to the Contractor under Sectien 14.2.4 of AIA Document A232 2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated fn Scotian 7.2.2. § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase oe rental at the election of the Owner, for any equipment ovmed by the Contractor that the Oumer elects to retain and that is not otherwise included in the Cost of the Work under Secfien 7.2.1. To the extent that die Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments AIA Document A732*s - 2009 1formerly A101 *eCMe -1982). Copyrlghl0 7976, 1800,1992 end 2000 py The American Instltule of Archlleols. All rlehte Init. resarvetl. WARNING: This AIAb Document Is protected by U.B. Copydpht Law entl Inlernetlonal Trestles. Unauthodred reproductlan or tllattlbullon of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecutetl to the maximum extent poaslbla under f the law. Thla doeumenlwas produced 6y pIA software at 17:00:11 on 09/28/2012 under Order No.590742e000_1 which explrea on 01/17/2019, antl Is nolfor resale. Uear NOtes: (1752200649) referred to In this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vestItig in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 7,2,5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AlA Document A232-2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections 4.3.2 and 4,4.2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to aprovision ofAIA Document A232-2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8,2 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 (Inner[ rate of interest agreed upon, ifany.) 3/4 of I%a per month g 8,3 The Owner's representative: (Name, address and other informotion) Keith Watts, Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's represantative: (Name, address and other information) Thad Cork Lawn Co. 2561 Wildwood Boise, Idaho 83713 Telephone Number: 208-323-0234 Fez Number: 208-323-0240 § 8.5 Neither the Owner's nor [he Contractor's representative shall be changed without ten days written notice to the other paz•ty. § g,60therprovisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, era enumerated in the sections below. § 9,1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Own~r'and Contractor, Construction Manager as Advisor fididon. § 9.1.2 The General Conditions are, ATA Document A232 2009 as modified, General Conditions ofthe Contract for Construction, Conshuction Manager as Adviser Edition. § 8.1.3 The Supplementary and other Conditions of the Contract: AIA Oooument A132'~-2000 formerly A701'aCMa-1992). Copyrlght®1976,1980, 1992 and 2009 by The American lnaBtute oFAmhilects. All rights Init. reserved. WARNING: This AIRS Document la protected by U.S. Copyright Law antl Intamatlonal Treatlea. Unauthorized reproduction ordlaVlbutlon ar 1 ~ this AIA® Document, ar any ponlon of It, may result In severe civil and criminal penalties, antl will ba proseoutad to the maalmum extent poaalble under / the law. This documeniwes produced by AIA sohware a111:00:11 on 08/28/2012 under Order No.5007420B00 1 whkh eMplres on 01/17/2013, end Is not for resale. User Notes: (1752200549) Document Tills Date ExhibitA Contract Document Schedule 8/23/2012 § 9.1.4 Thu Specifications: (Either list the Specifications here or refer to an exhibit attached is this Agreement.) Connect Document Schedule, Exhibit A, dated August 23, 2012 (T'able deleted) § 9.1.5 The Drawings; (Either List the Drawings here or refer to an exhibit attached to this Agreement.) Contract Document Schedule, Exhibit A, dated August 23, 2012 (fable deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages 8/10/2012 24 8/17/2012 432 Pages Portions ofAddenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional doclmlunts, if any, forming part ofthe Contract Documents are: .1 AiA Document A132'T'-2009, Euhibit A, Determination of the Cost of the Work, if applicable. .2 ATA Document E201T"t-2007, Digttal Data Protocol E~thibit, if completed, or the following: NIA .3 AIA Document E202T^1 2008, Building TnformaNon Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents, if any, listed below: (List heir arty additional documents which are intended to form part of the Contract Documents. AIA DocumentA232-2009pravides that bidding requirements such as adverXsement or invitatton to bid, Instructions to Bidders, sample forms and the Contractor's bid are notpart of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All binding documents including the invitation to Bid, instructions to Bidders, Supplemental Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the Conhact Documents. AiA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall pwchase and maintain insurance and provide bonds as set forth in Article I l of AIA Document A232 2009 as modified Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds", Contractor is required to provide 100%Payment and Performance Bonds. (State bonding requirements, if oily, and limits ofliabilityfor insurance required in Article ll ofAL4 Document A232-2009.) AIA Document A132T8-2008 formerly A101 TMCMa-99921. Copyrlphl®1975,1990, 1992 entl 2000 by The Amerkan lne111ule dAfehirecta, All rights IRIl. reserved. WARNING: Thla AIA Document is protecletl by U.9. CopydghtLew entl Intemetlonel Treatiee. Unauthorized reproduction or dlafributlon of 11 thla AIA° Document, or enypodlon of It, may resultln severe elvll snd cdminal penaltlea, entl will bs prosaeuletl to thamaxlmum extent possible under y the law. Thle document was predated by AIA sofhvare a111:00:11 on 05x15/2012 under Order No.5907425800 9 which expires on 01/17/2013, and Is notfor resale. U$er NOtee: (7762200548) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement is entered into as of the day and yeaz first written above. ' ~~ OWNER (Signatu CONTRAC-TO/R (Sig _ to =Tammy de Weerd ,Mayor ~ /~~jy//l.P~ ~ ~~f~'l~r~-la r~ -(Printed name and title) ' (P in ed name and title) ~ -~ Q { AIA Document A732TM - 2008 formerly A101 TMCMa-1882). Copydght m 1876,1830,1892 end 2009 by The American Inslltule of Architects. All rights Init• reserved. WARNING: This AIA~ Document Is protected by U.S. Copyright l.ew and International Treatise. Unauthodzed reproduction or dlalrbutlon of ~.1 thla AIAe Document, or any poRlon of It, mey result In severe civil and criminal peneltlee, and will be proaeculed to the maximum extant poaslble antler t the law. This documenlwes produced byAlA software et 11:00:11 on 03/23/2012 under Order No.6907423300 1 which expires on 01/17/2013, end Is not for resale. User Notes: (1762200548) ' CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) ( Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer- Musgrove Engineering, P.A. Electrical Engineer-DC Engineering Civil Engineer-Erickson Civil Landscape Architect -South Landscape Architecture, P.G. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 7/31/2012 A0.1 Cover Sheet ARCWITL:CTURAL SITE PLAN -Dated 7/3 112 01 2 A1.0 Site Plan A1.1 CIVIL -Dated 7/30/2012 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan -Overall C2.1 C2.2 Grading $ Drainage Plan-Area 2 C2,3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Site & Grading Details C4.1 C4.2 Ircigation Details C4.3 C4.4 City of Meridian Standard Details-2 C5.0 C5.1 Stormwater Pollution Prevention Plan -2 LANDSCAPE -bated 7/3 112 0 9 2 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plan (dated7rie/2012) L4.0 ARCHITECTURAL -Dated 7/31/2012 BLD-A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A ( A3.OA Reflected Ceiling Plan A4.OA A5.OA Exterior Elevations AO.OA Meridian Parks & Recreation Maintenance Facility Page 1 of 2 Site Details Topographic & Control Survey Grading 8 Dreinege Plan-Area 1 Roadway Plan & Profile - E. Lanark St. Sits Utlllty Plan Gravity Irrigation Plan & Profile Site, Drainage, and Irrlgaflon Details City of Meridian Standard Details - 1 Stormweter Pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7N8I2072) Irrlgallon Details (dated 7/18/2012) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 A8.1A Wall Sectlons A8.2A Wall Sectlons /Details A7.OA Interior Elevatlons /Detalls A8.0 poorNVindow Schedule & Details Ag.O Defells/Energy Compliance BLD-B A2.0B Floor/Roof Plena A3.0B Exterior Elevations BLD-C A2.OC Floor/Roof Plans A3.OC Exterior Elevatlons !Sections A3.1 C Wall Sectlons /Detalls BLD-D A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Sections STRUCTURAL -Dated 7/31/2012 S1.0 Structural General Notes S1.1 Special Inspections S2.OA Foundetlon Plen Bld A S2.OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundetlon /Roof Framing Plan Bld D S3.oA Roof Framing Plan Bld A S4.0 Structural Detalls-Foundetlon S5.0 Structural Details-Framing MECHANICAL -Dated 7/3012012 MG1.0 Mechanical Cover MG7.1 Mechanical Energy Compliance M1.0 HVAC Plan -Main Building M1.1 HVAC Plan -Bullding C M2.0 HVAC Detalls M3.0 HVAC Schedules r~UMBING -Dated 7/30!2072 P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -Building C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL -Dated 7/30/2012 E0.0 Electrical Cover Sheet E0.1 Slte Electrical Plan E0.2 Electrical Roof Plan E1.0 Power Plan -Building A E1.1 Power Plans -Bullding B, C, ~ D E2.0 Lighting Plan -Building A E2.1 Lighting Plans -Bullding 6, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Meddlan Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2 .• TT r ~~~=AlA Document A~ 32ra - 2009 Standard Form ofAgreement Between Owner and Contracfor,Construction Manager as ,4dvisei• Edition '- .' Bld Package No.1-Site work, Utilities and Asphalt Paving :•_-±..r•~-• ~ ~~~ ~ ADDITIONS AND DELETIONa: °'+ '.'~". "AGREEMENT made as of the Twenty-Forth day ofAugust io We year Two Thousand The author of this document has ~~ Twelve added Intormatlon needed for its (In words, indicate day; month and year.) completlon. The author may also - have reNsed the text of the orl9lnal BETWEEN the.Owner;-. AIA standard form. An AddlBans and . (Name,:.'legdCstattls;~ address-and other information) Pelet/ona Report that notes added Informallon as well as revisions to the ~ ~~Cty oflvleridlau' ~' standard form text is available from 33 East Broadway Avenue the author and should be reviewed. A Meridian, Idaho 83642 vertical line in the left margin of this ~~ document Indicates wherelhe author and the Contractor; hea added necessarylnformatlon (Name, legal status; address:and other information) and where the author has atldad to or deleted from the original AIA text. . ,Lune ConytrUGiion; 7nc:..r ~ ~ ~.. This document has Important legal i :306 Betliola S4rei?t consequences. Consultation with an .Caldwell, Idaho 83605 aaorney Is encouraged with respect Telephone Number: 208-459-8fi24 to Its completlon or madificauen. ( Fax Number: 208-459-9661 Thla documentls Intended to be used foC the following Project: In con)uncllon with AIA Documents M (Ngme, location and detailed description) A2921 -2909, General Condlllons of the Contract for Construction, . Meridian Parks:&Recreatien Maintenance FaciGly Construction Manager as Adviser Edlflon; B732r"-2009, Standard .1700 Bast Lanark Street Form of Agreement Between Owner -I4laridihn; IdaliG:83642 - and Architecq Construction Manager as Advser Edition; and . -- , - "TheiConstrucfion-lS4a7ragex:: C132TU-2009, Standartl Form of (Name, legal status, address and'iither information) Agreement Between Owner and Construction Manager es Adviser. TCreizenbeck, LLC DBA I{reizenbeck Constructors, 11724 West Bxecutive Drive AIA Document A232Ta-20o91s Boise, Idaho 83713 adapted In this document by Telephone Number: (208) 336-9500 reference. Do not use with other Fax Numbtrr: (208) 336-7444 ~ general conditions unless this . document Is modl0ed. The ArchtteCf! - (Name, legal stdlZ<s, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise; Idaho 83706 TeliphotteNumber: (208) 338-9D80 The Owner and Contractor agree as follows. AIA Document A132o"-2009 fannedy A797TMCMa-19921. Copyrl0ht®1976,1980, 1992 end 20096y The Amedcan lna0lule olArohllecls. All rights Init. roeervatl. WARNING: Thla AIA Document Is protected by U.B. Copydght Law entl IntarnaNonalTreattn. Unauthodzetl reprotluctlon or tllstrlbullon of thla AIA° Document, or any portl°n of It, may result In severe civil and cdminel psneltlee, and will be prosecuted to the maximum extent poealhle under / the law. This documenlwas produced byAlA software et 70:08:01 on 00!20/2072 under Order No.6aW42a90o 7 which expires on 01n7l20T3, end Is not for resale, Uaer Noted: (7286970708) TABLE OF ARTICLES S7?' i "` ' THE CONTRACT DOCUMENTS ......,.... '" 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5- PAYMENTS : 6 DISPUTE RESOLUTION 7' TERMINATION OR SUSPENSION e MISCELLANEOUSPROUISIONS 9 ENUMERATION'•OF°CDNTRACTDOCUMENTS 70 INSURANCE=ANA BONDS ARTICLE t THE CONTRACT DOCUMENTS The Conbact Documents consist ofthis Agreement, Conditions ofthe Conkact (General, Supplementary and other Conditions), Dmwings,;:S~ecifications, Addenda issued prior to execution ofthis Agreement, other doaunents Ilsted in this=Agreement anll»vioaiflcations issued after execution ofthis Agreement, all of which form the Contract, and are as fgily;apart of tlie`Contrac44as!tf attached to this Agreement or repeated herein. The Contract represents the entire and'liftegrated agreentenf lietween the parties hereto and supersedes prior negotiations, representations oragreements, eitlierwritten 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 fully execute the Work described in the Confract Documents, except as specifically indicated in the ContractDocuments to be the responsibility of others. Bid Regaiiementa: Provide all labor, material, equipment and permits to complete the Site clearing, Earthwm•k, Utilities and Asphnlt paving as noted on the construction documents and per the following: 51te Init. Section 321216 -Asphalt Paving Section 321313 -Site Concreto Paving#• Section 331100- Site Domestic Water Distribution Section 33]300 -Site Sanitary Sewer Section 334100 -- S[orro Drainage & Gravity irrigation **As applicable to this scope ofwork Tbis contract specifically includes but is not limited to: • Pmvide aIL site demollNon and site clearing in accordance with the construction documents. 1Ris includes saw cutting, removal of asphalt removal of fencing, and removal of vegetation. • ~ Strip, remove and haul all top soil off site as required in accordance with the construction documents. • ~ ~"Perform all cu[ / fill operations and bring site to proper sub grades. Provide, place and compact all structural fill as needed. Sub grade tolerances shall be as noted in the construction documents (net= 0) and excess materials approprletely disposed off -site. • Haul all unsuitable materials off site in accordance with consttuction documents, • Maintain, protect andrepair existing surfaces and utilities which am to remain. • Construct building pads to proper sub grade elevations+m•-.10(net=0). • Provideexcavation,henchingandbackfillforworkwithlnthisworkpackage. • Provide and install dewatering systems as required to complete work for this work package. AIA Documont A102ra-2009 formerly A101TMCMe-19921. Copydght®1975,1900, 1992 and 2008 by The Amedcen lnellWle ofArohlleda. All Hahts roeorvod. WARNING: 7hle AIA Document le protected by U.a. Copydaht Law end Internallonal Treatlee. Unsuthodzatl roproductlon ortlletrlbutlort of lhte AIAm Document, or any pardon of It, may result In severe clvll ana criminal penaltlas, antl will he proeecutetl to the maximum extent poaelhle antler lhs law. This document wee produced byAlA software at 10:00:01 on 0a/2a/2012 under Order No.6907A2a600_7 which explrea on 01!17!2010, end Is not far resale. User Notaa: (12e697070a) 2 • Provide excavation and backFll fox all site concrete. Include backfill to proper sub grades around all site concrete including but not limited to sidewalks and trash enclosure. :-~'•<~~ ~~Provide and place eggeegate base for alT site wncrete and asphalt paving as indicated by construction documents. - Aggregate base under concrete shall be+or - .10 (net =0). - = ~ Provide excavation and ball for all budding wncrete. This includes the trash enclosure. • Provide and place aggregate base for all bugling sUuctures wncrete slab on grades as indicated by the construction - , ' - documents. Aggregate base under concrete shall be+ or -.10 (nd = 0). • Provide imported topsoil, place and rough grade to specified depths. Topsoil to be+ or - .10 (nett). • Constmct temporary access pad arormd building. Pad shall extend 20' from exterior foundation wall ernund entire perimeter of building. Access pad shall consist of 12" of G"minus pit run, Top of 12"section shall be at sub Bade elevat[ons. - ~, • Include repair and grading for all pit run areas exposed over winter prior to landscaping (topsoil placement), asphalt - - paving and concrete activities. • Set storm drains to wl led water through winter, raise when storm drains whencompleting'/s grading in spring. .. Provide and place_pitrtm, aggregate base and asphalt pavingper censlmcfian documents. Provide patching of existing asplraft:as necessary to;complete all work noted in this workpackage. • Saw cut clean lines for new asphalt edges abutting soft materials. • Place recycled asphalt per the conshuction documents. (Recycled asphalt Is owner furnished and curremly stocked piled on site). • :-°~iPrbvideifinal clcamup;ofexistingrecydedasphalt stock pile area. (Native seeding by landscape). : ~~ •a_';P'royillb and place! all lirtegral Curti and gutters and valley gutters es indicated on the construdton drawings including ~prov'iding end;placing'/,"base gravel under curbs, gutters, valley gutters. -~ ~ ~ ~ ~ ~:`~ Provide striplhg for all asphalt and cencrete paving as indicated. Include all painted symbols and stencils. • Provide and Install all exterior post end panel signs. Include excavation, backfill, concrete footings, poles and signs. • Fu7mishandins[allacompletedomesticwaterservicegneaslndicatedintheconsttudiondocumenis.Smbweterservice linetowitfiin5'ofbuilding. This includes, but notllmitedto,firehydmntsandmdersenerassemblies. - •. ~Ihrtilakandipstall'aedinpletesanitarysewersystemasindicatedinlheconstructiondacuments.Stubsewerlinetowithin :. 55 of bu~ldlbg Tlils includes the 4" sewer to the Flammable Liquid Interceptor. -~ ~ =~•=~~:':Riiririshtabd!install,e:ctitnpletestormdrainagesystemesindiratedintheconshuctiondocuments.Thisincludesmofdmin _ ~ ~'=inlet caiEli basins. '~ ~ - `Fiiiiush and Install'a complete gravitylrrigation system es Indicated by the coostmcfion documents. Make all necessary ~: ~ modlFtCations to.ezisNng gravity irrigation and surfaces to complete the installation. __ ~ -• Coot'dinatethenaturalgeslineandinstallatlanwlthlntermcunminGesCompany. • FurnishandinstalLallconcreterelatedtouUlltyworkinthisbidpackage.Thisincludeswncretecollazs. • Provide all labor and materials for weather protection as required for this work package. Provide and maintain all erosion and conttol and SWPPP requaemants for this scope of work in accmdance with the construction documents, Monitor andmaintainunUl final stabilization is in platy. This includes street sweepingand dust controhas itpertains to this scope while on site. •• , Contradotao provide all water require to complete work operations undee this work package. Water is not available on . ~ :site. ~ - . ~' =I_ ~` • : ~Liclod0-all applicable permits and fees required to complete work within this work package, including RQ. W. permits, Piovidetraffiocontrobasregbiredforagworkwlthinthtsworkpackage. • Civil drawing elevations era based upon sea level datum. Architectural and sttuduml drawings are based on finish floor egual:to 100. • Include a $25,000 allowance inthe base bid to be used at the sole discretion of the Construction Matmger. • Provide all survey work required for this work package. Surveyor to be registered In the Stara ofIdahe. Reference Instructions to bidders book-Construction Facilities and Temporary Controls for survey provided by Construction Manager. • Scope ofthe work remains the same for all buildings idenfified in the conshudion dowments. • Scepe of vrorklfor alternates remains the sane as bate bid (as applicable). • Provide, install, maintain, and remove (I) additional stabilize) oanstrucion entrance. Location to be determined by canstmctionmaoager. This contract specifically excludes: • Site Furnishings Underttlab vapor barrier and rigid insulation. • ~ 1500'Gallon Flammable liquid Interceptor and back side piping to build. • Wash bay curb by others. • Sile Sidewalks. AIA OOCUmant A192rs-2009 formeAy A107 ^"CMa-1982). Copyright®1875,7900, 7892 end 200s by Tha American institute of Architects. AJl rights Init. reeervatl. WARNING: Thla AIA Document la protected by U.a. Copyright Lew end Internatlonel Treatlea. Unauthodzed raproductlon or dlalrlbutlon of this AIA• Document, or any portion of Il, may result In eavare civil and criminal penalties, and will he prosecuted to the maximum extent poeelhls under / the law. Thle document was produced by AIA so(nyare at 70:08:07 on 08120!2072 under Order No.590742a900 1 which explrea on 0111712019, antl is not for reaels. Uaor Noloa: (1285978709) ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3,1 The date of commencement of the Worlr shall be the date of this Agreement 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. (Insert the date ofcommencement, tf it djJfersfrom the date of thisAgreement or, jl•applicable, state that the date will be fried in a notice to proceed.) ;,~;;,'.Tlie', commencement date will be fixed in a notice to proceed. .If,-prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other -security interests, the Owner's time requirement shall be as follows: - . § 3.2 The Contract Tiirie•shall be measured from the date of commencement. § 3i3 Tle Ctilihadtor shalValihieve Substantial Completion of the entire Work not later than ( )days from the date ofwmrttencement,.ar as follows: ;:{Cnsert nliiriber afcalendar days. Alternatively, a calendar date may be used when coordinated with the date of comriierlcement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shtilfAohieve•Substantial Completion ofthe entire Worknot later than May 30, 2013, (Table deleted)6 !"~.~ subjectto adji~`stments of this Contract Time as provided in the Contract Documents. {Insert, jit'ovtsions, if any, for liquidated damages relating to failm•e to achieve Substantial Completion on lime orfor ,-bonus,;paymentsfor early completion ofthe WorIL) " -- In the event the Contractor, without excusq fails to achieve Substantial Completion within the Contract Time, the ~ Contraotor shall paytoihe Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or'/.% ofthe Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time.untll=Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated delnagas•foe!adoy, or days of the excusable delay occurring during such period following the end of the Conteact;Time. ARTICLE 4 CONTRACT SUM § 4i1' Tli'e Owner shall pay the Contmetor the Contract Sum in current funds for the Contractor's performance of the '; iContract. The Contract Sum shall be one ofthe following: :(Check the appropriate bee.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance .with Section 4.3 below [ ]- Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based an the selecn'on above, also complete either Section 5.1.4, S 1.5 or 5,1.6 below) § 4.2 Stipulated Sum § 4.2.1 T1re-Stipllated Sum shall be Four Hundred Eighty-Seven Thousand Five Hundred Dollars and Zero Cents ($ 487,500.00 ), subject to additions and deletions as provided in the Contract Documents. AIA Document A192'"' - 2008 lormeny A101 T"'CMa -1992). Copyrl9hf ®1875, 1880, 1902 end 2009 try The gmedcan InstlWle of ArohllecW. All tights Init. reaorvatl. WARNIND: Thla AIA Document Is protected by U.S. Copyright Law end Internaklonal Treaties. Unauthorized reprotluotlon or dlalribullon of this AIA° Dooument, or eny portion of IL may result In severe crvll entl cdminal penalllea,and will be prosecuted to the maximum extent poaelhle antler y the lew. Thle document was produced byAlA acaware at 10:116:01 on OB/2Bl2012 under Order No.69o742eeoo_1 which explrea on 01117/2019, entl le notfor roasts. Uoar NOtee: (1266978708) § 4.2.2 The Stipulated Sum is basedarthefollowingaltemates,ifany,whlcharedescribediniheContractl)ocuments 1:: and'aYe hereby accepted by the Owner: ;;.;(S(dfe. t{ie; numbers or other fdenttftcation ofaccepted alternates. If the bidding a•proposal documents permft the 'Owner to accept other alternates subsequent to the executien of thlsAgreemerrt, attach a schedule of such ocher alternates showing the amountfor each and the dale when that amount expires.) ~ N/A § 4.2.3 Unit,prices, if aliy:. (Ident fy and state the:wnitprice, and state the quantity limitations, (f arty, to which the unitprice will be applicable.) ItBtii~ ,° Units and Llmltatlona Price per Unlt ($0,00) § 4.2.4 Allowances included ln;the Stipulated Sum, ifany: (Identify. allowance and state;exclusions, if arty, from the allowance price.) Item;' Allowance 4!3"Cost of the::Wiitk Plus Contractor's Fee without a Guaranteed Maximum Price ~. § 4:3.1 The Contrtict Sum is the Cost ofthe Work as defined in ExhibitA,Determination ofthe Cost ofthe Work, plus the Contractor's'Fee. § 4.3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work ar other provision for determining the Contractor's Fee.) '§;:4i~3(.The method of adjustment of file Contractor's Fee for changes in the Work: § 4.3.4 Limitations, ifany, on a Subcontractor's overhead and profitfor increases in the cost ofits portion ofthe Work: § 4.3:5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the place of the project. § 4.3.6 Unit prices, ifany: (Identify and state the utiirprice;'state quantity ]imitations, ifany, to which the unit price will be applicable.) Item Units and Limltatlona Price per Unit ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within: l4 days of executing this Agreement. The Control Estimate shall include the items in Section A,1 of Exhibit A, Dt=tei~nlination of the Cost of the Work. § 4:4Coat:of§:(he Work Plus Contractor's Fee with a Guaranteed Maximum Price §'•4:4:1 TRa'GotYtract Sum is Ure Cost of the Work as deSned inEacktibitA, Determination ofthe Cost ofthe Work, plus the Contractor's Fee. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or otherprovisionfor deternliningthe Contractor's Fee,) AIA Document Al02T^`-20(19 formerly A701TMCMe-1992). Copyright®1975,1990, 1992 and 2000 by The Amedcen institute oFArchlfecls, All rlahta Inst. reasrvetl. WARNING: Thla AIA Document la prolecletl 6y U.9. Copyright Law antl Intematlonal Treaties. Unauthorized repratluctlon ordlatrlbutlon of this AIA° Document, ar any portion of tt, may result In severe elvll and criminal penalties, and will ba prosecuted to the maximum extant possl9le under / the law. Thle document was protlucetl by AlA Software al l0:OB:01 on OB/2012012 under order No,5807420900_l which explreson of/t7/291a, end la notfor resale. User Notes: (7265B7B70e) § 4.4.3.The method of adjustment ofthe Contractor's Fea for changes in the Work: ;':. ~§`~ 4:4,4 Limitations, if any, on a Subwntractor's overhead and profit far increases in the cost of its poetion ofthe Work: § 4.4,5 Rentlil rates fdPContractor-owned equipment shall not exceed percent ( °/a) of the standard rate paid at the place ofthe;Project. -~§'4{4.5 Unit.Prices, if any: (Idar/pfy and state. tlie; unit price, and state the quantity limitations, if arty, to which the unit price will be applicable.) Item Unite and Limitations Price per Unit ($0.00) § 4.4.7 GuaranteedrMlixlitium Price § 4;4.7.1: ThB~sum=ofthe Cost oFthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ); snbjedtl?otedditliilis and deductions by changes in the Work as provided in the Contract Documents. Such maximum `stim is referredto inthe Contract Documents as the Guaranteed Maximum Price. Costs which would cause the =Gharariteed Maximum Price to be exceeded shall ba paid by the Contractor without reimbursement by the Owner. (insert specific provisions if the Contractor is to participate to any savings.) § 4.4,7~2:d'Ire GUer8rlteedrMaximum Price is based on the following alternates, if any, which are described in the ~CodtrsafAoouments and are hereby accepted by the Ownee: '§ 4.4i1i9Allowancesi~cluded in the Guaranteed Maximum Price, if any: (ident{ly find state-the amounts ofarry aflowances, and state whether they include labor, materials, or both.) `Item Allowance § 4.4.7.4 Assumptions, ifany„on which the Guaranteed Maximun Price is based: ARTICLE'5 PAYMENTS - § 5.7 Progress Payments § 5:1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon cet•tification of the Project Application end Project Certificate for Payment or Application for Payment and Certificate for Payment 6y the Construction Manager and Architect and issuance by the 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. § 5.1.2 The period wvered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: toff. AIA Document A192TM-2009 ~fonnerly A761T"'CMe-1882). Copyright®1976,1980, 7982 entl 2008 by The Amedcan lnstauta of Archllecls. All rlghta reearvetl. WARNING: TAIe AIA Document le prolectad by U.S. Copyrlghl Law and Intamatlenal Treaties. Uneuthodzed reproduction ortlletrlbutlen o! this AIA° Document, or any portion of It, may result In severe civil entl criminal penalnea, entl will be prosecuted to the maximum extent poealble under / the law. Thla document was produced by AlAaoliwere e110:06:01 on 06/28/2012 ~ntlerOber No.6B07426800 1 which expires an 01/17/2019, end Is not for resale. User Notes: (1265876706) § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the fallowing month. If an Application for Payment is received bythe 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. (Federal, state or local taws may require payment within a certain pw•iod of time.) `§+5`s9:4Progreas Payments Where the Contract Sum is based on a Stipulated Sum ;,§ .5.1.4.1 Sach Application far Payment shall be based on the most recent schedule of values submittedby the ' `Conimctor and approved.in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule ofvalues shall allocatethe entire Contract Sum among the various portions ofthe Work and be prepared in such tenth end supported by such data to substantiate its accuracy as the Construction Manager and :Architect may requiter This schedule, when, and only when, approved in writing by the Constntction Manager or Architect;:shalt";be us"dd`as a basis for reviewing the Contractor's Applications for Payment. §567.4:2"Applications for Payment shall showtha percentage ofcompletion ofeach portion ofthe Work as ofthe end of the:pei`iod`covbred.6y the Application for Payment. '§ 5F1:4i3•SubjecttotheprovisionsoftheContractDocuments,theamountofeachprogresspaymentshallbacomputed as follows: 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying dte.percentage completion ofeach portion of [he Work by the share of the total Contract Sum allocated:tbihatno~tion of the Woek in the approved schedule of values, less retainage of Five percent (;5:60;°~0). Pending final determination of cost to the Ownee of changes in the Work, amounts ':not insdlspiife itlay be included as provided in Section 7.3,9 ofthe General Conditions, as modified; `- ;2: Add±t(iljY piirtion ofthe Contract Stun properly allaoabla to materials and equipment de]ivered and r~ sditalilystoredatthesiteforsubsequentincorprnafioainthecompletedconstruction(or,lfapprovedin writing In advance by the Owner, suitably stored offthe site at ulocation agreed upon in writing), less retainage ofPive percent (5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract amounts, if any, for which the Consfruction Manager or furohitect has withheld or nullified a Certificate far Payment as provided in Section 9.5 of the General Conditions, as lnadified; and .5 Subtract amounts, if any, tieing withheld by the Owner or Construction Manager as provided in the Contract Documents. § 5.1,4.4 The progeess payment amount determined in accordance with Section 5.1.4.3 shall ba further modified under the following circumstances: .1 Add, upon Subsfailtial=Completion ofthe Work, a sum sufficient to increase the total payments to Ninety-five percent--( 93.00 %) ofthe Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete or defective Woek, or both and unsettled claims; end .2 Add,iffinalcomp]etionoftheWoekisdtereeftermeteriallydelayedtbroughnofau]tofiheContractor, any additional amounts payable in accordance with Section 9.10.3 ofthe General Conditions, as modified. § :5.1:4.5 Reduction or limitation of retainage, if any, shah be as follows: (If id is intended, prior to Substantial Compl¢tion ofthe entire Wor/~ to reduce or limit the retainage resulttngfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere to the Contract Documents, Insert here provisions for such reduction or limitation.) No reductiondhae[alnagewill be al]owed prior to final wmpletion without written approval of the Owner. § 511:4:5 A condition will be included forbidding more retainage from a contractor or supplier than retained from their portion ofthe Work. AIA Document A172TN-2008 (formerly AlO7T°CMa-1882). Copyright ®1975, 19e0, 7992 end 2008 by The American Inalllule ofpmhllecb. All rlghte Init. reserved. WARNING: Thle AIAb Document Is protected by U.S. Copyright Lewand Internallonel Treatlee. Unauthorized reprotlucaon ortlletdbutlon of thle AIA° Document, orany portion oFlt, may result In severe civil and criminal peneltlee, and will be proeecutad to the maximum extant paselble under l the law. Thle document was produced byAlA sollwere et 70:08:01 on OBI2B/2072 under Order No.5B0742aB0U 1 which expires on 01/77!2073, and la not for re98ie. User Notes: (7285878708) § 5.1.5 Progress Payments Where the Contract Sum Is Based on the Cosl of the Work without a Guaranteed Maximum Price ~:: ~'' : -5i1':5:1 With each A lication for Pa pp yment, the Contractor shall submit the cost control information required itl r , - , ...:.. $xliibitAi Determination of the Cost ofthe Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Conshvction Manager ar Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost ofthe Work equal' or exceed (1) progress payments already received by the Contractor; less (2) that portion ofthose payments atirlbutable to the Conhacta's Fee; plus (3) payrolls for the period covered by the present Application for Payment. ' ::§r.5.t,5.2 ApplicationsSorrPayment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Appliaatlon far Payment and for which the Contractor has made or intends to make iaatual payment priar to the next Application far Payment, §' 5.1.5,3 Siilijeot to other provisions ofthe Contract Documents, the amount of eaah progress payment shall be computed as:follows: .1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work; ,2 Add.tha Contractor's Fee, lass retainage of percent ( %). The Contractar's Fee shall be computed upon the Cost ofthe Wark described in that Section at the rata stated in that Section; ar if the Cotihacttii'':SFee isstated as afixed sum, an amountwhich bears the same ratio to that fixed-sum Fee as thelCosbfthe''Workb~ars to a reasonable estimate of the probable Cost ofthe Work upon its cornpletoh .3 Subtract retaintige of percent ( %) from that portion ofthe Work that the Contractor self-performs; .4 Subhact the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and - _ .5 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Cerfificata for'kayment as provided in Section 9.5 of AIA Document A232T^+-2009, General - ~ Gondttions of tlfie Contract for Construction, Construction Manager as Adviser Edition. 1 :§5'r1;54The Owner; Construction Manager and Conh~actor shall agree upon (1) a mutually acceptable procedure for review and approval. of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor sNa'll€execdte stilicontracts,in-accordance with those agreements. § 5.1,5.5 hr takingaefionontheCOntractor'sApplicationsforPayment,theConstructionManagerandArclutectshall ba entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or atithipetlc verification of the documentation submitted in accordance with Article 5 or other supporting data; that Ora = Coil';;thretion:Managersnd Architect have made exhaustive or continuous on-site inspections; ar that the Construction Manager.endSArchitecthave:madeexaminations toascertain how or foe what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed'by--the Owner's auditors acting in the sale interest Dfthe Owner. § 5.1.5,6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers far materials or equipment which have not been delivered and stored at the site. §.5.1.6Progresa Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1,6.1 With each Application for Payment, the Contractor shall submit pa}nolls, petty cash accounts, receipted invoioes,or invoices with check vouchers attached, and any other evidencerequired by the Owner or Architect to demohstrAte.tliataashdisbursements already made by the Contractor on account ofthe Cost ofthe Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion ofthose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the ContraatDocuments. Tha schedule ofvalues shall allocate the entire Contrail Sum among the various portions of the Work and be prepm•ed in such form and supported by such data to substantiate its AIA Document A732*a-2008 `rormer[y AtOtTM'CMa-79921. Copydahl01B75,1080, 1882 end2D08 by The Amedcen lnellNle ofArchllecfs. Ail rlghh Intr. reserved. WARNING: Thle AIAb Document l° protected by U.a. eopyrlght Law antl Internenonal Trestles. Uneuthoriz°d repraductton ordlelrlbutton or 6 thb AIA° Document, or any portion or Il, may result In eavan elvll and crlminat paneltlea, and will be prosecuted to the maximum extent poaelhta antler / thel~w. This documenlwas produced byAlA eollwareel10:06:01 on 08/2B/2D12 under OrderNc,5907428800 twhloh explreeon 01/17!2073, and le not for resale. Uaor Notes: (7266878706) accuracy as the Constructicn Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Connector's Applications for Payment. § 5.1:6;3Applicationsfcr Payment shall show the percentage of completion of each portion ofthe Work as of the end ofthe period covered by the Application for Payment. The percentage of completion shall be the lesser of (I) the ,: percentage of drat portion of the Work which has actual ly been completed; or (2) the percentage obtained by dividing - ((~}..tfie expense that has actually been incurred by the Contractor on account of thatportion of the Work for which the - : 'Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion ofthe Work in the schedule ofvalues. § 5.1,6,4 Subject to other provisions ofthe Contmct Documents, the amount of each progress payment shall be computed as follows:. .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as daterxnined by multiplying the percentage of wmpletion of each portion ofthe Work by the share of the Guaraateed Maximum Price allocated to that portion of the Worlc 1n the schedule of values. Pending fina4ilctenlitiation of cost to the Owner of changes in the Work, amounts not in dispute shall be igClilded as~pirovided in Section 73.10 afAlADocumentA232 2009; - .[2 Add filiatlportibn of the Guaranteed Maximum Price properly allocable to materials and equipment - - delivered' and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing; ,3 Add the Contractor's Fea, less retainege of percent ( %). The Contractor's Fee shall be computed ,upon the Cost ofthe Work at tllerate stated in Section 4.4.2 or, if the Contractor's Fee is stated as s fixedslirrt in thatSection, shall be all amount that bears the same ratio to that fixed-sum fee as the Cost ,ofthe Wor(caiears to a reasonable estimate of the probable Cast of the Wark upon its completion; - .4 ., ~SubtraoCrtrtainage of percent ( %) from that pordon of the Work that the Contractor self-performs; J5, Subfi'a~t{}he'aggregate of previous payments made by the Owner; e =i6 ' Siibitlicfthesllortfall, if any, indicated by d1e Contractor in the documentation required by Section Si1:6.1 to substarttiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and l7 Sitblract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 ofAIA Document A232-2009. § 5.1.6.5 The Owner. and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall executesubbontracts'in accordance wi01 those agreements. _ - § _57i6i6;Tn,ta1'c11'ig`action an the Gontractor's Applications for Payment, the Construction Manager and Architect shall `be'entitl'ed~f0irely on the acoaracy, and completeness of the information fiunished by the Contractor and shall not be deemed to represent 0latthe Construction Manager or Architect have made a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continueus on-site inspections; or that the Construction Manager or Architect have rnada examinatiens to ascertain how or for what pueposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, ifrequired by the Owner, will be performed by the Owner's auditors acting in the sole interest ofthe Owner. § 5.1.6.7 Except.with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or eg0lplnent.which have not been delivered and stored at fire site. § 5.2FInal-Payment § 5,2,1 Fh1a1 payment, constituting the entire unpaid balance of the Contract Sum, shall ba made by the Owner to the Contractor when e1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of ATADocument A232--2009 as modified, and to satisfy other requhements, ifany, which extend beyondfinal payment; .2 the Contractar has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Wark when payment is an the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and AIA Document A1921e-2008 formerly A909TMCMe-7892). Copyright®1875,1980, 1992 and2009 by The Amedcen lnsBlute ofArchllects. All dahla Init. reserved. WARNING: Thla AIA Document la protected by U,S. Copyright Lewend Internallonel Treatise. Uneuthodzed reproduction ordleUlbutlon of this AIAe Document, or any portion of It, may result In severe civil and erlminal penalties, and will he prosecuted to the maximum extent poaelble under / the law. This documenlwes produced by AlA Software at10:06:01 on OB/28/2012 under Ortler No.5907428B001which expires on 01/77/2019, and is not far resale. User Notes: (1285870708) .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such i final payment shall be made by the Owner not more than 30 days after (1) the Connector has fully ' r performed the Contract and (2) the issuance of the fmal Certificate for Payment or Project Certificate i for Payment, or as follows: ARTICLE B DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve.as Initial Decision Maker pursuant to Section 15.2 of AIA DocumentA232 2009 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. _ _ (!f the parries mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if :::other than the Architect.) § 6'2 BitldlhgtDlsp0teResolution For any Claim subli<etlfii,lipfiriotresolved by, mediation pursuant to Sec[ion 15.3 ofAIA Docwnent A232--2009 as modified' the methocj of bmding dispute resolution shall be as follows: .'~` (Check the appropr'late bar tf the Owner and Contractor de not select a method of binding dispute resolution below, ,, .ror,A!o;rlot subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be residl5ed by littg6ttan'in a court of competentjurisdiction.) j a]'S .Arbitration pursuant to Section 15.4 of AiADocument A232--2009. r`',.. ['X],,':: -Llhgafion in:,a court of competent jurisdiction. ARTICLE 7: TERMINATIOFI='l5R SUSPENSION § 7.1 Where the Contract SUm Is a Stipulated Sum ~ § -7,1.1 The Contract may be terminated by the Owner or the Connector as provided in Article 14 of AiA Document I':,A232 2009 as modified. §' 751,2The-Work may be suspended by the Owner as provided in Article 14 ofAIA Document A232 2009 as modified:.; § 7:2 Where<~hii'Ccnt"tact Sum is Baaed on the Cast of the Work with or without a Guaranteed Maximum Price § 7.2;9=Subjecf~fo'tlia provisions of Section 7,2,2 below, the Contract may be terminated by the Owner or the Contractor as,provided in+`;rtiiile l4 of AiA Document A232-2009. __§ :.7.2.2 The Contract maybe terminated by the Owner for cause as provided in Article 14 of AIA Document -A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .1 Teke the Cost ofthe Work incurred by the Contractor to the date of termination; .2 Add the Connaotoi~'s Fee computed upon the Cost of the Work to the date of termination at the rate stated In Sections 4.3.2 m 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an ;;amount that bears the same ratio to that fixed-sum Fec as the Cost of the Work at the time of `"'terminaflon boars to a reasonable estimate of the probable Cost of the Work upon its completion; and ,3 Sulifract the aggregate of previous payments made by the Owner. § 7.2.3Ifthe Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232 2009, the amount, if any, to be :.::paid to the Contractor under Section 14.2.4 of ATA Document A232 2009 shall not cause the Chtazanteed Maximum Price toibe exceeded, nor shall it exceed the amount calculated In Section 7.2.2. § 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned bythe Connector that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subconnacts and purchase orders (including rental agreements), the Connector shad, as a condition of receiving the payments AIA Document A132TM-2008 formerly A701'aCMa-19921. Copyright ®1876, 1880,1992 and 2008 by The American Inatllule of Architects. All rlghta Inrt• reeerv°d. WARNING; Thla AIA Document le protestatl 6y U.3. Copyright Law end International Trestles. Unauthorized reproduction ar tllstdbutlon of 1D this AIA° bocument, or any portion of It, may result In severe civil end criminal panaltlea, antl will ba prosecuted to the maximum extant poael6le antler i the law. This documentwes produced byAlA software at 10:08:01 on 08!2812012 under Order N°,690742BB00 1 which expires on 01/17/2013, entl Is not far reeale. Uear Nolae: (1286WB7081 referred to in this Article 7, execute end deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other conhactual rights of the Contractor, as the Owner may require for the purpose of fully vesting 10! the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. '§=7:2.6 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009; in suoh case,:the Contraot Sum and Contmct Time shall be increased as provided in Section 14.3.2 of AIA Document `~ A232-2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections .,.'~ ` ~~ 3:2 and 4.4.2 ofthis Agreement. 'ARTICLE 8 M15CELLANEOU5 PROVISIONS § 8s1 Where reference is made in this Agreementtc a provision of AIA Document A232 2009 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions oftha Contract Documents. §_ 842 Payments due:aiidUnpaidundev the Contract shall bear interest from the date payment is due at the rata stated `BOlbw'„tir' iii;tlie absence thereti~; at the legal rate prevailing from time [o time at the place where the Project is located. {Insert rate of interest agreed upon, if arry.) 3/4 of 1%per month § 8.3 The Owner's represantative; (Name, address and;orher information) - Keith Watts, Purchasing Manager b .City ofMeridian- ~:'Pur6hasingDepgrtjtlerit= 33 East BroadviagPAvenue Meridian, Idaho'83642 § 8.4 The Contractor's representative: (Ngme, address and other information) Kris Jensen Lurre Construction, Inc. 306 BSdiola-Street -%Caldwe11, Idaho 83603 '. `Telephone.Nhmber:208-459,8624 :'.:Faz;Number:208-459-966I'': , § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 86 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.7 The Contract Documents, except far Modifications issued after axerution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AJA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Conshuction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 Thv Suppleroentary and other Conditions of the Contract: AIA Document A732T"-2008 1formerly A101TMCMe-1882), CapydOhl®1075,1900, 1992 end 2008 by Tha Amedcen lnsaWle of An:hllecls. All rights Init. raearvatl. WARNING: Thle AIA` Document le protected by U.B. Copyright Law end Internatlonsl Trestles. Uneathodzed reproduction or dlslrlbutlon of .~ ~ this AIA° Document, or any ponlon of It, mey result In severe civil end edminel peneltlee, and will be proeecutetl to the maximum extent possible under / the law. This document was produced by AIA seawere at 10:00:01 on 08/2&2012 under Order No.5807420000 1 which expires on Oi/17r2013, entl le not far resale. User Notes: (1265970700) ~'' Document Title Date Pages '. ~E1dlibitA Contract Document Schedule 8/23/2012 2 ' I§-8l1?4-ThaSpecificatians: (Ettherltst the Specjficalions here or refer to an exhibit attached to this Agreement.) "-,,I' Contract Doaument Schedule, Exhibit A, dated August 23, 2012 ~ (table deleted) § 9:1.5 The Drawings:;, (E{Iher ltst the~Drawingsaiere or refer to an exhtblt attached to this Agreement.) ~', ';Contract Document Sbhedule, Eachibit A, dated August 23, 2012 ~:', (Table deleted) § .9:1.6 The Addenda, if any: Number Date Pages I Ona i'•'i;: 8/10/2012 24 TWO 8/17/2012 432 Poxtibns of:4ddendit~rglit3u'gto bidding 1~quirements are not part ofdre Contract Documents unless the bidding regltiremehtb9ie;alsgt'dpumerated in this Article 9. =§"9:1.7 Additional documents, if any, forming part ofthe Contract Documents are: .1 ATA Document A132'"i2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AiA Document E201Ta~2007, Digital Data Protocol Exhibit, if completed, or the following: ~ N/A .3 AlA'DocdmentB202''"'-2008, Building Information Modeling ProtocolExhiblt,ifwmpleted,orthe following:•,: Y.,:,.. :4: ; 'OthCrAocuments, if any, listed below: (L`st.h¢re arty additional documents which ar•e intended to form part of the Contract Documents. AIA Document A232 2009provides that bidding requirements such as advertisement ar invitation to bird Instructions to Bidders, sample fol7ns and the Contractor's bid are notpart ofthe Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All'll{idlligdocuments including the Invitation to Bid, Instructions to Bidders, Supplemental _ Instructions°te Bidders, Bid Proposal Forms, and the Protect Schedule sre intended to be part ofthe b'bntract Documents. AIA Document A232-2009 General Conditions ARTICLE 10 INSURANCE AND BONDS The Contractm• shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009 as modified Refer to Supplemental Conditions modifying ATA Document A232-2009 for changes and additions to Article 11 '!Insurance and Bonds". Contractoe is required to provide 100°/a Payment and Performance Bonds. (State bonding requirements, tf any, and limits of liability for insurance required to Ark'cle 11 ofAIA Document A232-2009.) t \ AIA DOOUment A732TM-200811formerly A101TMCMe-1992). COpydght 4i1875,1880, 1982 end 20086y The American lnatllule olArchileola. All fights loll, roaervad. WARNIND: Thle AIAb Document Is proteoled by U.S. Copyright Law and Internaaonel Trestles. Unauthorized reproduction ordlatd6utlon of 12 this AIA® Document, or any porilon of It, may result In eevere civil end criminal penaltlea, end will be proaeculad fo Ihs maximum extent poaelble under t the law. This document wee produced by AIA soawere x110:06:01 on 00/28/2012 under Order NO.5807428800_l which sxplrea on oil17r2013, and la not for resale. User Notes: (1265878708) Type of Insurance or Bond Limit of Liability or Bond Amount (x0.00) This Agreement is entered into as of the day and year first writ ~~ ~ WNER (Si rre) Tammy de Weerd , Ma or ~,~~~ JFit/562 U/Ct~ DES i DEn/ l (Printed name and title)`, (Panted name and title) r IRIf. •••••,•°•°"'.,...,.v.---.vvv w,,,,.,,ynrvr-vmv-,vaq. wpyngmmraro, ivou, iaaz ana zuun oy lnenmancen lnseluie of Arohl[ecla. All rights reserved. WARNING: Thle AIA Document Is protected by U.B. Copyright Lew antl International Trestles. Unauthorized reproduction or tllstdbutlon of 73 this AIA° Document, or any portion of It, may result In severe civil antl crlminel panaltlee, and will he prosecutetl to the mexlmum extent possible under t the lew. This document wee produced by AIA sofhvere et 10:06:01 on 08/28/2012 under Order No.5007428800_1 which expires on Oin7/2019, end is notfor reaele. User Notes: (12868787011) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks 8~ Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer-Musgrove Engineering, P.A. Electrical Engineer- DC Engineering Civil Engineer- Erickson Civil Landscape Architec# -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 713112 0 1 2 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Slle Plan A1.1 CNIL -Dated 7 /3 012 0 1 2 C1.0 Cover Sheet / Notea C1.1 C2.0 Grading & Drelnage Plan -Overall C2.1 C2.2 Grading&DrainagePlan-Area2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan &Profila C3.2 C4.0 Site & Grading Details C4.1 C4.2 Irrigation Details C4.3 C4.4 Clty of Meridian Standard Details - 2 C5.0 C5.1 Stormwater Pollution Prevention Plan -2 LANDSCAPE -Dated 7/31/2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irdgagon Plan (deted7ne/2012) L4.0 ARCHITECTURAL-Dated 7!31/2012 BLD-A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A l A3.OA Reflected Calling Plan A4.OA A5.OA Exterior Elevations A6.OA Merldlan Parks & Recreation Maintenance Facility Page 1 of 2 Site Details Topographic & Control Survey Grading & Drainage Plan -Area 1 Roadway Plan & Profile - E. Lanark St. Site Utlllty Plan Gravity Irrigation Plan & Profile Site, Drainage, and Irrlgatlon Details City of Merldlan Standard Details -1 Stormwater pollution Prevention Plan -1 Landscape Plan Landscape Plan (dated 7/16/zo12) Irrlgatlon Details (dafed 7!1612012) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Sections August 23, 2012 A6.1A Wall Sectons AE3.2A Wall Sections /Details r A7.OA Interior Elevations /Details A0.0 DoorlWindow Schedule & Details Ag.O Details/Energy Compliance BLD - B A2.OB FloodRoof Plans A3.0B Exterior Elevations BLD - C A2.OC Floor/Roof Plans A3.OC Exterior Elevations /Sections A3.1 C Wall Sectlona l Detalls 8LD-p A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Sections STRUCTURAL -Dated 7131/2012 51.0 Structural General Notes S1.1 Special Inspections S2.OA Foundation Plan Bld A S2.OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A S4.0 Structural Detalls -Foundation S5.0 StructurelDetails-Framing MECHAN ICAL -Dated 7/30/2092 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M1.0 HVAC Plan - Mafn Bullding M1.1 HVAC Plan -Building C M2.0 HVAC Detalls M3.0 HVAC Schedules PLUMBING -Dated 7130/2012 P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan- Building C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL -Dated 7/3012012 E0,0 Electrical Cover Sheet E0.1 Site Electrical Plan E0.2 Electrical Roof Plan E1.0 Power Plan -Building A E1.1 Power Plans - Building B, C, & D E2.0 Lighting Plan - Building A ~ E2.1 Llghting Plans --Building B, C, & D E3,0 One Llne Diagram and Panel Schedules E4.0 Llghting Controls & Compliance Meridian Parks & Recreation Malntenence Facility August 23, 2012 Page 2 of 2 Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 5d PROJECT NUMBER: MCU 12-002 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval Accolade Apartment Project by Perry Homes Located South of E. Overland Road, West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Conditions of the Conditional Use Permit Approved MEETING NOTES ~~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: PROJECT NUMBER: MDA 12-004 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval Accolade Apartments by Perry Homes Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Recorded Development Agreement Approved for the Accolade Apartment Project MEETING NOTES ~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: PROJECT NUMBER: FP 12-017 ITEM TITLE: Final Order for Approval Paramount Subdivision No. 21 by Brighton Development, Inc. Located on the Northwest Corner of N. Meridian Road & W. Producer Drive Request: Final Plat Consisting of 38 Single-Family Building Lots and 4 Common/Other Lots on 12.48 Acres of Land in an R-8 Zoning District MEETING NOTES ~` Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meefing DATE: September 4, 2012 ITEM NUMBER: 5q PROJECT NUMBER: FP 12-01 ITEM TITLE: Final Order for Spurwing Grove No. 4 by Brighton Development, Inc. Located at Approximately 1 /4 Mile North of Chinden Boulevard and a 1 /4 Mile East of N. Black Cat Road Request: Final Plat Consisting of 23 Residential Building Lots and 1 Common Lot on 8.46 Acres in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES %~~fJ ~ v ~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 7a PROJECT NUMBER: FP 12-018 ITEM TITLE: Reserve No. 2 Final Plat approval of 14 residential lots and 2 common lots on 5.01 acres in an existing R-4 zone by ERD, LLC -west of N. Locust Grove Road and east of N. Jericho Road MEETING NOTES OL 1_..1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: $a PROJECT NUMBER: ITEM TITLE: Discussion on Annual Rate Adjustment For Solid Waste Collection Services by Rodney Remling of Republic Services, Inc MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~R~REPUS~~c 1~~ SERVICES MEMORANDUM TO: Mayor Tammy de Weerd Members of the Meridian City Council: Mr: David Zaremba, President Mr. Brad Hoaglun; Vice President Mr, Keith Bird Mr. Charlie Rountree FROM: Dave Fisher, General Mahager, Republic Setvices of Idaho. DATE; August 23, 2012 SUBJECT: Annual Rate Adjustmentfor Solid Waste Collecticn Services Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. This memorandum discusses our annual adjustment for fiscal year 2013. A preliminary version of .this memorandum was provided to the Solid Waste Commission. Minor comments were received and incotporated. CPI Adjustment Methodology Our contract requires that our costs be adjusted annually based upon the "net percentage of change in the Consumer Price Index for the Pacific Northwest." (The CPI is no longer published for the Pacific Northwest so we have used the CPI for the. Western Region of the United States.) Further, we reduced the calculated change in the CPI by ten .percent as tipulated in the contract. ATTACHMENT C. U.S. 'Bureau of Labor Statistics is provided. The CPI for June one year ago was 228.075 and this year it is 232.701. The net percentage change between the two values is 2.028%. Then, reducing this number by 10 percent yields a CPI adjustment of 1.83%. The CPI is applied to our costs. Current and proposed future,resitlential rates are shown in ATTACHMENT A. All of the cost categories except disposal were escalated by the allowable CPI amount of 1.83%, then the 6% franchise fee was calculated to get the total :amount. This results in an increase in residential rates of $0.22 per house per month. We have completed similar calculations for commercial xates as'v/ell. All current and `proposed rates are presented in tabular form as an attachment to this memorandum. The percentage of change by various categories of 7ates is shown in Table 1. The percentages. vary with the different types of systems that we operate because each has a different percentage attributable to disposal 11101 W Executive Dr Boise, ID 83713 208.345:1265 » Fax 208:375.9591 www. repub]icservices:cam Table 1 Percentage of Rate Change by System Residential rates 1.32% Commercial cart rates 95 allon 1.48% - 1.50% Commercial container rates~2, 3, 6, 8 ds. 1.22%- 1.76% Commercial compactor rates 0.88% - 1.03% Tem orar commercial container rates (3, 6, 8 ds. 1.82% - 1.83% Miscellaneous collection services 0% - 1.83% Roll off haulin services rent and hauling) 1.83% Landfill Fee Changes On August 1, 2011 the Ada County Hidden Hollow Landfill began utilizing scales for measurement of incoming waste. Although fees remain at their current levels and are measured by the cubic yard this is the first step in converting to a weight based system rather than a volume based method. We believe it is in the City's best interest that Ada County remain on the volume based method. As of this date the county has not adjusted the rate per yard or changed to weight based billing. Should the county make a change to disposal rates, we will need to adjust fees again to account for increased landfill rates. Rate Reduction Residential Carry Out Service. The current rate for this service is $60.00 per month and reimburses Republic Services for the driver to retrieve the cart at the residence and return if. Republic Services is reducing this rate to $30.00 which more aligns with our rates in other service areas. This does not impact the free carry out service for those customers that are unable, because of medical reasons, to place their cart at the curb. New Rates Republic Services proposes to add the following new rates to the rate structure: ATTACHMENT A. The proposed pricing is presented in tabular form within 2. Additional container sizes proposed for commercial recycling. Currently the 5 yard mesh container is the only commercial recycling option. Expanding the container options to include 3, 6 and 6 yard containers in addition to the 5 yard container will provide customers with more recycling options and promote recycling services in the City. The proposed pricing is presented in tabular form within the attachment. The 5 yard container will be offered as containers are available but will not be promoted. The new container options are more durable and future growth will be directed into one of the three proposed size options. 3. Roll Off Rates for "Turnaround" Compactors. This rate was requested last year but for an unknown reason it was left off the final listing during the approval process. Please see ATTACHMENT A. for a full definition of the rate. a C O U 2 w~ N V yK n N~ O `n C E fr ~ E y 5 op'd b L(4dN01V lV g ww«.' y(c ~ c y ~¢~ g9s ~ yy ~~~ ~~W _~q~ry3a`go ~~~5~~~~ fONeNOtO u ~ ~ ~6'N NN ~y nrn ~n enww~m aaw e"~~ t u - u d ~~3 n a °bv t B ~' u m u ~ 2~ ' ~ . " a o : ~ gc a 4N~ d y m'm m~~~(Z~ m ~ n °m ~ G m ~ g g `~N ~~b~ ~ g _ g mPa~ `dp '~ n~:~ p orc obo wmn `awww ow °N ~mm O1~n~ ~m ~` , n~~n ~ ~~~~ rc.v cw $~nn w m c ~¢ ~i "~ rv ~ , W 19NM W Ftll p ~ ~ Nr NNV4 3 mNmP NNQ~ ~ o _ b 'aa ~ V dY Um a~r ~ m O p Vswww r9NNw p ~i a ~~ory ~ ~ m n°r{~u . 1 ~~pp p ry N ~~~ [JJ [ ~ N VI M N N M~ O O N~ ~ ° a 3 rc " n p Ifl N tl1.tl119 bNMM M M I9N p y y SON PmN T u11mV 1 ~ 0 uNiF u1 uN1 0 C1 OWr ppN ~ b b NN ry N N~ h0 .X QN y NIOd 1~ ON1~ N ~ NQ p W a a ¢ y 6 W W W N tl l 9 I w 1 9 fl M n w W / M q M 19 . NV yy pp ~N~~ N m C t O j ,~ In N r Uu 11 n~ t u l ~ ~ O m Q y N0 ( V fNNO ` t ~ 00N1 P. ~. I m nnyy ~~m l mN<f~ m V] W 00N~ N T rye ~ ~ ~ . r ~!!1 ' ' ~ Y tG NN p a WH NNM MM41 (9 MMN WgMWNN 1. u_ Z u N A U .Y 99~ d E E ~ ~ "d~ U ti w'rvn ~ mwm u ~ u ~ p ~i~ E > E E no'p eC o U YYY o ~}}°YY o YrYY>i d ~ p~ ~CE mmm U roimm d NN. e!nem U V1 tititi111W ii mm a m`m m N~~ s m $ mym.:~, M %$ o lam m d' a "' ~ 10. g 3 1~u~.Na ~ fl K r°S~ ~ W N @ M m N ry m ~ [O ~ abnr YN 1~ ~ ~ p q °! - 1V ~C bp I ~ N 0~p t~~l N O 1 ION Apr ~ N n ~ ~ ~ nmmN a ,, m N In N ~ M yM ry m N rv O NN NIV ® ~ N N K 50 ~ o r m N z w w w R °~ `o ~' 5 c E ~' ~n `o ~~~ _"e m~a ~E ggC 'w x E ~°'~ ~3 w~ ~ o ~~c ~~ m NOi~p1WC VV N ~ ~ E N~~ ao°o w»°'~'w:w ~&' 5 E O E a ~s j AN ` c a o ~ o ~ c ~9 °oE r tl b Fa^„ C nw~` b~~ t °~ ^~Q_ N ~n m L in' ~ m Ip m - m rc e U - .m m T F ~ ~ _ ur ~ ~ 0G N m ro K ~L1U OPP E ~n ~~~ ~ffi_& £SG555:~ 555@~~~ ~' 555 55 333333° ~FT53T~"3 „onono~ ~~~~~"a nbonv o9vb ~aa #'i#1#.. #i}###4' c ~ °2 ~i n~'ann nn~ un w&in w'w ~ ''w wwww Y y yo s~ E~ nK mr O Qj av nry -~ ~LHm B~L N ~ u n tae @ESg Smv 52~ ATTACHMENT B. Comparison of Residential Collection Rates: Current & Proposed Current Residential Collection Rate Structure -July 2012 Service Cost Ada Counly Disposal Carts Net to Republic Services Rate Increase on Service Cosls 32ya1 84-gal 95-gal $10.59 $10.71 $10.83 $1.00 $2.88 $4.78 $0.97 $0.97 $0.97 $0.75 $0.87 $0.99 $11.87 $13.75 $15.63 1.83% Proposed Residential Collection Rate Structure - FY 2013 32-gal 64-gal 95-gal Service Cost $10.78 $10.91 $11.03 Ada County Disposal $1.00 $2.88 $4.76 Carts $0.99 $0.99 $0.99 Meridian Franchise Fees Net to Republic Services $0.77 $0.89 $1.01 $12.06 $13.95 $15.83 V y .~ y O a m O 7 N 7 m U r z W S U F F Q a 0 ao NMNONMInn~n O U U) W V O(O ~(WOMO~ O d m W O O O ~ ~- N N V V~ O) N W N ~'-N N N N N N N ~ N 00 l[1 A V M 'cY M W uj W N (pO~Nnn nc n °i ~ o o comrnoo ~ Z .- ANN vn0l rcU 2` N N N N N N N ~ ~ OD V O(O~n vn00N C ~ N M V O W ~Oi N Mn01 O ~n 'O V W ~~NN 'i ~o f N O ~ o C l ~ - NNN N N N N N N 0 ~ nfOODnaDON'7vn ~ N N ~ Ol cD ~ In ~ Nl n (~ W OD M O O W N M y e- N N N (N~~ o Oi •-NNNN N N N N N MNO(ONmM7MNN O N a0 N ~j ~j pj ~j ~ N ' W W mN 00 ODOp0 d ~ ~ N N O Q N N N N N N N N nd'OfOnNn~ N V' aD (V of (O N m M m ~ V roaornrno .~ ~ N N M m n N N N N N N W ~ MOV OO~On N m o 0 C d'OD M aD CO (WpO~ ~O~ (Np M M X 00 aDO W NNMm~ O V ' O00 ~ a ( ~ d N ~ N ~ N N M N N N N N N 00 ~(1 V aDmM W nn(DM ~ (OO (O~ l0 ~ ~ ~ ~ ~ O O In '~ N O ~c-~-~N t`~ a~ W P') ~N ~-NNM N N N N N N N N ~mM(O M(OnONn C ` uj ~ N~ uj M M O M (O m a0 01 rn O o V rn N aD N L Q ~- ~ ~ r- N N~ n n N N N N N N C N N V O M N ~ W N M n Ql 00 m V~ N ri M n M Ln O N M ~ ~ meornrnonu~Mmwo C ~ ~ NOeD~ NN M ~ ~ N N N N N N V N ~ OD n n m W Y7 W ~~ C7 OD O ~[) N W M W~ M W Q o y roaornrnornMO am Q LL ~ ~ ~'- N W W n 0 V W ~ O N O N N N ~ C O N N N N N N ^ O ~ O d o ~ N ~. N V (O d' In n W M N 0 O ' N U U ~ ~ Em ~ e a 0 d O D onnrnrn m ~ ~° m~ o a - a o i ~ - N N O C N W U v m 0 ~Q N N N N N in y C d ~ .- ~ w c c 7 d l0 y ~ o N L L o N a`~ a T o °- m ~"~ ° D .o _ d~ v N c ~ O w } U ~ ~ _ ~ v m ~ c a ~ m 7 c y a d °' a C Q) • ,` ~ i0 W ~ E H m NPi V hf01~00 O1Or N ~- ~ X44 ~ G y o0000000~~~ ~ ~ U O (p Z Q «m} NNNN NNNNNN N UF-Z ~ Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: $b PROJECT NUMBER: ITEM TITLE' Community Development: Discussion and Approval of Professional Services ' Agreements with: • Whitman & Associates, Inc., Building Official Services • Whitman & Associates, Inc., Building Inspection Services • Whitman 8~ Associates, Inc., Building Plans Examiner Services • Idaho Division of Building Safety Electrical Plan Review and Inspection Services • Idaho Division of Building Safety Mechanical Plan Review and Inspection Services • Jackson Code Consultants, Inc. Fire Plan Review and Inspection Services • DHM Enterprises Plumbing Plan Review and Inspection Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~-- Building Services IDAHO Meridian City Hall, Suite 102 33 E. Broadway Avenue Community Development Deparfinenf Meridian, Idaho 83642 August 29, 2012 TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton Development Services Manager SUBJECT: Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Official Services. Meridian Building Services respectfully requests the following item be placed on the September 4, 2012 City Council Regular Agenda, for Council's consideration: I. TITLE Professional Services Agreement between Whitman & Associates Inc., and the City of Meridian for Building Official Services II. DESCRIPTION Background Per City Council directive, the Community Development Department, in conjunction with the Purchasing Department, conducted a formal Request for Qualifications process to gauge interest and availability of entities to perform contracted professional services for the Building Services Section. The attached subject agreement is the end result of that RFQ process and subsequent negotiation of terms and conditions. III. RECOMMENDED ACTION A. Move to: 1. Approve the Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Official Services. 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest. Ph: 208.887.2211 • vaww.meridianciiv org • Fax 208.887.1297 IV. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director 489-0569 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 V. LIST OF ATTACHMENTS A. Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Official Services. Approved for Subm ~.~X~ ~J ~~Z~•2oIZ pment Services Manager Date ~' PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES ("Agreement") is made and entered into this ~ay of ~n , 2012, by and between Whitman & Associates, Inc. ("Contractor") whose address is 8124 W. Blackberry Court, Boise, Idaho 83709 and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. APPOINTMENT. The City hereby appoints Contractor to be the City's Building Official and grants to Contractor the duties and powers pertaining to such title as established by the 2009 International Building Codes, local amendments thereto, any subsequently adopted versions thereof, City policy, and this Agreement. IL RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I.(D) herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. ~ C. Contractor's Employees. Contractor's employees, designees, subcontractors, and PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 1 OF 16 ~ delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Sel~~ices, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or adminishative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractm• shall provide to City a list of all Conhactor persomrel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code section 39-4108; within thirt~(30) days of hiring or reassigning such personnel, such personmel shall be fully qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best uiterest of the City of Meridian. D. Qualifications. At all times tluoughout flee teen of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: Within six (6) months of execution of this Agreement, ICC Certified Building Official; 2. ICC Building Plans Examiner; Within six (6) months of execution of dris Agreement, ICC Residential Plans Examiner; 4. ICC Comrnercial Building hnspector; 5. ICC Residential Building Inspector; 6. Any and all other certifications required by law; E. Office flours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall colmnit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Se1~~ices. It is anticipated by the parties that such tasks will require approximately eight (8) hours daily, F. Cell Phone. Contractor and their employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 2 OF 16 ~. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business.entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Conhractor is associated, whether personal]y or professionally. Conhactor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Conh~actor acknowledges that all records containing infornation relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. Insurance. Contractor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of nisurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain (at Conhactor's sole expense) and maintain throughout the term of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Conh•actor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a corbined single lirnit per occurrence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount r of not less than five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional insured. PROFESSIONAL SERVICES AGREEMENT POR BUILDING OFFICIAL SERV ICES PAGE 3 OF 16 4. Workers compensation insurance on Contractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole propl•ietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and m•dinances applicable to services performed under this Agreement. When performing services under this AgIeement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Conh•actor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. I~. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Desktop PC and Related Equipmen.tlssued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal ~ electronic files of any kind maybe stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or • replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at al] times during the performance of this Agreement, and shall be irmnediately returned to City in good working condition upon termination or expiration of this Agreement. III. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this AgIeement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 4 OF 16 B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. IV. GT;NI;RAL PROVISIONS. A. Term. This Agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon work or on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Conhactor's performance of each and every obligation under this Agreement. This Agreement term maybe extended by separate written addendum, duly executed by both parties. B. Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as maybe required for City to continue its required performance under this Agreement. If City Council fails to appropriate foods for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the comrnencement of this contract; 1. Ten percent (10%) of the first $100,000 in building permit fees collected by City annually; 2. Five percent (5%) of the building permit fees above $100,000 collected by City annually; 3. The conh•actors percentage fm• any permit issued for a structure valued at more than two-million dollars ($2,000,000) shall be negotiated between the Meridian Community Development Director or his designee, and the contractor. D, Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PACE $ OF 16 E. Payment. Fees pertaining to services provided raider this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with the Ea~hibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the defined milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is aclmowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Contractor's allocated share of permit revenues for services provided during the term of this Agreement. F. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. G. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agees; 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, ~~ or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits: Contractor is an independent conhactor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. PROFESSIONAL SERVICES AGREEMENT FORBUILDINC OFFICIAL SERVICES PAGE 6 OF 16 ( 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. H. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and adlninistrafive matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed cormnunicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Daunt Whitrnan Attn: Development Services Manager Whitman & Associates, Inc. 33 E. Broadway Avenue 8124 W. Blackberry Court Meridian, Idaho 83642 Boise, Idaho 83709 Either party may change its authorized representative and/or address for the purpose of this paragaph by giving written notice of such change to the other party in the manner herein provided. I, Termination. 1. Mutual Consent. This Agreement maybe terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Conhactor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day teen, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE ~ OF t 6 expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City tnay terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, braid or certificate required bylaw, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revolted, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Conhractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to con•ect such failures within fourteen (14) business days or other period as specified; or If the City Council determines that itmnediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. J. Time of the )ssemce. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 8 OF 16 K. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or bylaw shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. L. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's prenuses or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Conhactor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work perfm~med under this Agreement and arising from the sole or joint negligence of Conh-actor. M. Assignment. The Contractor may not subconh-act, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subconhactor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assigmnent, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. N. 5everability. The invalidity or unenforceability ofany particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if anynrvaIid or unenforceable provision were omitted. O. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. P. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 9 OF 16 Q. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. R. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. S. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. T. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. U. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. WHITMAN & ASSOCIATES, INC. Daunt Whitesid t CITY OF MERIDIAN: //i_. PAGE 10 OF 16 PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES ~ Jaycee Holman, City Clerlc /.. PROFESSIONAL SERV ICES AGREEMENT POR BGILDING OFFICIAL SERVICES PAGE 11 OF 1( EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall provide Certified Building Official oversight for any and all building projects in the City of Meridian, to ensure compliance with all current codified or ordained codes of the City. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor provides oversight of the plan review process, including but not limited to coordination of plan reviews with City Community Development staff, City Public Works staff, and appropriate fire marshals. Contractor ensures appropriate plan reviews are performed before permits are issued. B. Certification of Project Value. Conhactor shall review and approve initial and final Certificates of Valuation for all projects to ensure accurate valuation. Contractor shall collaborate with Building Plans Examiner to compute plan review fees and establish total building permit fees prior to permit issuance and certificate of occupancy issuance. C. Fast Track Certificate of Occupancy Applications. Cottractor shall review all applications, and recormnend for approval or rejecfion to the City-Contractor Liaison. This review and recommendation shall be completed by the Contractor within three (3) business days after receipt of complete application. This will include historical research to determine use change, occupancy type, fu•e protection, and occupant load. D. Field Inspections. Cmrhactor provides oversight of the field inspection process, including but not limited to; Building, Mechanical, Elecpical, Plumbing, and Fire disciplines. Ensures appropriate field inspections are performed. E. Computerized Permit Traclung Programs. Contractor shall utilize the Accela Software provided by City to provide oversiglt of timelines and data entry related to plan review and inspection workflows. Contractor shall also conduct research of archived information as needed fm- deparhnental needs. F. Administrative Tasks. Durnrg Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Conhactor shall respond to voice mail and a-mail messages within one (1) business day. G. Code Amendments and Technological Advancement. Conhactor shall be the primary lead to prepare and provide recormnendations to the City-Conhactor Liaison for all new code adopfions and local amendments. Conhactor shall monitor legislation and technical developments that may affect the building urdush•y. This shall include, but not be limited to attending meetings, conferences, workshops, and paining sessions to become and PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 12 OF 16 remain current on principles, practices, and new developments. H. Code Compliance and Enforcement. Contractor shall lead the effort assisting the City in enforcing appropriate ordinances, and other ordinances related to land use, building sites, building uses and violations. Contractor shall provide written report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has la~owledge as well as the current Internat[onal Building Codes adopted by City. Contractor shall, where appropriate, post "Stop Work" order and "Not Approved for Use and Occupancy" notices. Contractor shall collaborate with City personnel on the investigation and enfm~cement of civil and/or criminal penalties for uncorrected violations. Contractor shall send appropriate legal letters, email and other correspondence necessary. Expired PeI•mits and PI•oject Closeout. Contractor shall be responsible for monitoring permit holder progress, completion of all project inspections, issuance of Certificate of Occupancy, and/or administrative closure, For permits that have expired, Contractor shall cornrnunicate in writing with the applicant to re-instate, re-issue, or extend the expired permit. Contractor shall coordinate with the City-Contractor Liaison on any expired permits that can be administratively closed. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this conh•act shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Whihnan & Associates, hrc. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract persomiel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accomitability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely mamier; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE t3 OF t6 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Conhactor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. Respect: Conhactor personnel are asked to be hustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effeckiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR BIDLDING OFFICIAL SERVICES PACE 14 of 16 EXLiIBIT B DE5I~ TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR ~l] ~SY"~. ~`~FN~~~~. .i~S g _~-;~I~B~AYa11- ?~F d~ ~r.`*~x Y~~~ .,'~tG ~ .~.\st~~~~~ x ~~`~. 100468 ~ Desktop PC PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE IS OF 16 EXHIBIT C PAYMENT SCHEDULE BUILDING OFFICIAL -PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Commercial -New Permit issuance 70% of fees due Contractor Commercial - TI Commercial -Shell Only Commercial -Multi-Family R id ti l es en a -New Residential-Multi-Family Issuance of Certificate of 30% of fees due Contractor Occupancy All other permit types Permit issuance 100% of fees due Conhactor PROFESSIONAL SERVICES AGREEMENT FORBOILDING OFFICIAL SERVICES PACE 16 OF 16 ~~i~E1~IDIAN~ MeridiBa"City H911SSui e'"os 33 E. Broadway Avenue Community Development Meridian, Idaho 83642 Department August 29, 2012 TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton Development Services Manager SUBJECT: Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Inspection Services. Meridian Building Services respectfully requests the following item be placed on the September 4, 2012 City Council Regular Agenda, for Council's consideration: I. TITLE Professional Services Agreement between Whitman & Associates Inc., and the City of Meridian for Building Inspection Services II. DESCRIPTION Background Per City Council directive, the Community Development Department, in conjunction with the Purchasing Department, conducted a formal Request for Qualifications process to gauge interest and availability of entities to perform contracted professional services for the Building Services Section. The attached subject agreement is the end result of that RFQ process and subsequent negotiation of terms and conditions. III. RECOMMENDED ACTION A. Move to: 1. Approve the Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Inspection Services. 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest. Ph: 208.887.2211 • www.meridiancitv.ora Fax 208.887.1297 IV. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director 489-0569 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 V. LIST OF ATTACHMENTS A. Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Inspection Services. Bruce F~ck~kt,(~, Development Services Manager g•~ •2Q12 Date " PROFESSIONAL SERVICES AGREEMENT BETWEEN WHPI'MAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES ("Agreement") is made and entered into this ~ay of ~, 2012, by and between Whitman & Associates, Inc. ("Contractor") whose address s 8124 W. Blackberry Court, Boise, Idaho 83709, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBII.ITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I.(D) herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 1 OF 16 otherwise assigned by Contractor to provide services under this agreement, including t, such persomie]'s credentials and qualifications. Upon hiring or reassigning personnel to perform services under this conh~act, such personnel may hold minimum certification as re uiq red by Idaho Code section 39-4108; within thirty~30) days of hiring or reassigning such personnel, such personnel shall be fully 9ualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Conh•actor shall be sufficiently qualified to provide services in the malmer and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Commercial Building Inspector; 2. ICC Residential Building Inspector; 3. Any and all other certifications required by law. E. Office I3ours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall conunit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Conh•actor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Conhactor's use of any City resource shall be limited exclusively to the work related to this Agreement. Conhactor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public•Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Conhactor shall, upon request and within two (2) working days of such request, provide PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 2 OF 16 requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. Insurance. Contractor shall Warne the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and maintain throughout the term of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insw•ance coverages: Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, Warning the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discrefion if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000). En•ors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional insured. 4. Workers' compensation insurance on Contractor and all persons in Conh•actor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 3 OF I G IC. Electronic equipment. City shall supply, for Contractor's use in complefing tasks and providing services under this Agreement, electronic equipment enumerated in Exlribi.tB, TabletPCs and Related Equipnlentlssued to Cont~•actor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal elechonic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measm•es to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of al] adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Corrh•actor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day adminishative matters related to Contractor's services under this Agreement. City shall provide to Conhactor the name, a-mail address, and telephone number of the City-Conhactor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective upon executimr by both parkies, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor°s perfornance of each and every obligation under this Agreement. This Agreement tern maybe extended by separate written addendum, duly executed by both parties. B. Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by l Meridian City Council. The City reserves the right to terminate the Agreement if the PROFESSIONAL SERVICES AGREEMENT FORBUILDRJG INSPECTION SERVICES PAGE40F 16 (- Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract;: 1. Thirty percent (30%) of building permit fees for the first $100,000 collected by the City annually. 2. Twenty percent (20%) of building permit fees over $100,000 collected by the City annually. 3. The Contractors percentage for any permit issued for a sh•ucture valued at more than two-million dollars ($2,000,000) shall be negotiated between the Meridian Community Development Director or his designee, and the contractor. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Conh•actor's share of permit revenues collected by the City in accordance with Exhibit C, Puyrnerat Schedule, no later than the tenth (10th) day of the month following attaintnent of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is aclmowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Conh•actor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty, PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION S ERV ICES PAGE $ OF 16 G. Records. All records, including those of costs, reimbursable expenses, and payments ~ shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Conhactor shall be deemed an employee of City in any manner or fot• any purpose. Specifically, without limitation; Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory terTnination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illush•ation, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Worlanan's Compensation or unemployment insurance payment from the City or charged to City's account. I. Notice. Communication between the City-Contractor Liaison and Conhactor regatding day-to-day and administrative matters shall occur via e-mail or telephone. All other PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE (OF I6 notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Daunt Whihnan Attn: Development Services Manager Whihnan & Associates, Inc. 33 E. Broadway Avenue 8124 W. Blackberry Court Meridian, Idaho 83642 Boise, Idaho 83709 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractm•. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon vvI•itten request of City, following the sixty-day notice period described above, Contractor. shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. Dining the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 7 OF 16 b. If any professional license, insurance, bond or certificate required by law, ~ regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health attd safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contactor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f If Contactor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professionaltnamier; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. I~. Time of the Essence. Titne is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided bylaw or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claitns, suits, PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 8 OF 16 actions, or judgments for damages or injury to persons or property, and from any and all ~~ losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgtents for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Conh•actor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and perrnitted assigns. O. Severability. The hivalidity or unenforceability of arty particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the Bounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreelent which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's Fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in i accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 9 OF I6 of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Ageement are incorporated by reference and made a part of this Ageement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Ageement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this ageement to be executed as of the day and year first above. WHITMAN & ASSOCIATES, INC.: W ` Daunt Whitman, President CITY OF MERIDIAN: ~~~ Tammy de a d, Mayor Attest: a~sao nu~o 1 0~ ~? I g~ '°°,~ T 1(~ n _ „ ,~ City of City Clerk ~'' ' ``~- - ~o;~a m °' SEAL ~Hj~4 °~t0e T8E ~6~a~ PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 100E 16 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform detailed building inspections for any and all projects that have received a building permit for commercial and residential projects in the City of Meridian to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review Coordination. Contractor shall be responsible for coordinating and becoming familiar with approved plans prior to performing building inspections. Plan review coordination shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing building inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.rn, and 11:59 p.ln. on a City business day shall be performed the next business day. Each and every field inspection requested on a non-business day shall be performed the next business day. C. Certification of Project Value. Conhactor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the hacking database, including, but not limited to, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Conhactor shall also conduct research as needed for archived information. Contractor shall assess regular or double inspection fees as required. Data enhy for every building inspection shall immediately be entered following the cmnpletion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Conhactor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Conhactor shall respond to voice mail and a-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Conhactor shall monitor { legislation and technical developments that may affect the building industry. This may PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE I1 OF 16 include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the flood plain ordinance, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has Imowledge as well as the current International Building Codes adopted by City. Contractor shall collaborate with City persom~el on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Expired Permits and Project Closeout. Contractor shall be responsible for tracking and closure of all building permits and closure of all building inspections. Contractor shall communicate with the Building Official for• issuance of Certificate of Occupancy, and/or administrative closure. Contractor shall monitor and track expired permits and corrununicate with the Building Official to re-instate, re-issue, or extend the expired permit. I. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. BUILDING INSP):CTIONS a. Commercial acrd Residential Projects (1) Contractor shall perform all building inspections for commercial and residential projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m, on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final building inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all building inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re-inspection. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 12 of 16 ~- (5) Contractor shall perform as many inspections as necessary on any permit. Conh•actor may assess re-inspection fees, per the adopted fee schedule, if items from a previous con•ection notice are not corrected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all tirnes: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. 3. Dress professionally. While perforling services for the City of Meridian, the Contractor, its subcolrh•actors, if any, and all employers working under this conh•act shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Whitman & Associates, Inc. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all conh•act personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor persolmel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current inforration regarding expectations, priorities, and accomplishments. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all custorers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by PROFESSIONAL SERVICES AGREEMENT FOA BUILDING INSPECTION SERVICES PAGE 13 OF 16 looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 14 OF 16 EXIIIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR .~Y'.L.. ~,• ~ '~~ r~~~j%;c~~ ~~~E - t' ~`~~.~ .~~.~-.~. ~~_„1 := ~.x ~r.. ~r~X .u}n ~yv-:, 100554 Motion Computing Tablet 109007 Motion Computing Tablet 100576 HP Mobile Printer 100578 HP Mobile Printer 09555 ZOOW Power Inverter 09556 200W Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR BUILDMG INSPECTION SERVICES PAGE 1$ OF 16 ExxllsiT C PAYMENT SCHEDULE BUILDING INSPECTION -PAYMENT SCHEDULE T pe of Permit Milestone Amount to be aid Commercial -New Permit issuance 50% of fees due Conhactor Commercial - TI Comlercial -Shell Only Commercial -Multi-Family R id i l N es ent a - ew Final inspection, signified 50% of fees due Contractor Residential -Multi-Family by "approved" status in Accela All other permit types PeI•mit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR BUILDINGINSPECTION SERVICES PAGE 16 of 16 ~~i~E IDIAN~-- IDAHO Community Development Department Building Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 August 29, 2012 TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton Development Services Manager SUBJECT: Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Plans Examiner Services. Meridian Building Services respectfully requests the following item be placed on the September 4, 2012 City Council Regular Agenda, for Council's consideration: I. TITLE Professional Services Agreement between Whitman & Associates. Inc., and the Citv of Meridian for Building Plans Examiner Services II. DESCRIPTION Backcaround Per City Council directive, the Community Development Department, in conjunction with the Purchasing Department, conducted a formal Request for Qualifications process to gauge interest and availability of entities to perform contracted professional services for the Building Services Section. The attached subject agreement is the end result of that RFQ process and subsequent negotiation of terms and conditions. III. RECOMMENDED ACTION A. Move to: 1. Approve the Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Plans Examiner Services. 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest. Ph: 208.887.2211 vaww.meridiancitv.org • Fax 208.887.1297 IV. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Brent Bjornson, Building Plans/Inspection Coordinator V. LIST OF ATTACHMENTS A. Approved for S 489-0569 489-0362 489-0304 Professional Services Agreement between Whitman & Associates, Inc., and the City of Meridian for Building Plans Examiner Services. opment Services Manager S•Z9.2aiz Date PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING PLANS EXAMINER SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING PLANSEXA-MINER SERVICES ("Agreement") is made and entered into this [f ~'tiday of~~§ _ 2012, by -and between Whitman & Associates, Inc. ("Contractor") whose addres is 8124 W. Blackberry Court, Boise, Idaho 83709, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City fmds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications as per Section I. (D) below. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and al] qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMMER SERVICES PAGE 1 OF 16 otherwise assigned by Contractor to provide services under this agreement, ittcluding t such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as re urq 'red by Idaho Code section 39-4108: within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian, D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: L ICC Building Plans Examiner; 2. Within six (6) months of execution of this Agreement, ICC Residential Plans Examiner; 3. Any and all other certifications required bylaw. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Contractor and their employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Recm•ds. Conh•actor aclmowledges that all records containing information relating to the conduct or administration of this Agreement and services provided heremider prepared, owned, used or retained by Contractor are public records and as such t are subject to City's records retention schedule and/or the Idaho public records act. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 2 OF 16 Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. Insurance. Contractor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing a thit•ty-day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and maintain throughout the term of this Agreement, and upon execution of this agt•eement shall provide City with proof of each and all of the following insurance coverages: Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or Contactor is otherwise without general liability insurance. Contactor shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousurd dollars ($500,000). 3. Erors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional itrsured. 4. Workers' compensation insurance on Contactor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contactor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services perforted under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electonic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or unending relevant codes or policies, PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERV ICES PAGE 3 OF I6 IC. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Desktop PC mid Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind maybe stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cast of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Conhactor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that ar•e not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrafive matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective upon execution byboth parties, and shall expire upon completion of the agreed upon work or on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term maybe extended by separate written addendum, duly executed byboth parties. B. Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the tern of any particular appropriation of funds by PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 4 OF 16 Meridian City Council. The City reserves the right to terminate the Agreement if the 1 Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as maybe required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building peI•mit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract: 1. Fourty percent (40%) of cormnercial building plan review fees collected by the City annually. 2. Fourty percent (40%) of residential building plan review fees collected by the City annually. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request foI• such services, Contractor may charge City an hourly rate of no more than $50.00 per• hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share ofpennit revenues collected by the City in accordance with the Exhibit C, Paylnellt SclTedule, no later than the tenth (10th) day of the month fallowing attainment of the defined milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting tlrerefor•e upon request. It is acknowledged by the parties that the City collects permit fees when perrnits are issued. Contractor shall be entitled only to Contractor's allocated share of permit revenues for services provided dw•ing the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of five hundred dollars ($500.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor ally officer, employee PROFESSIONAL SERV]CES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 5 OF 16 or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees; 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. I. Notice. Cormnunicafion between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed cormnunicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Daunt Whihnan PROFESSIONAL SERVICES AGREEMENT FORBIDLDaQG PLANS EXAMINER SERVICES PAGE 6 OF 16 Attn: Development Services Manager Whitman & Associates, Inc. 33 E. Broadway Avenue 8124 W. Blackberry Court Meridian, Idaho 83642 Boise, Idaho 83709 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the malmel• herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2, Best Interest of City or Contractor. City may terrriinate this Agreement by providing sixty (60) business days written notice to the othel• party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certifcate required by law, regulation or this Agreement to be held by Contractor to provide the services requited by this Agreement, is for any reason denied, revoked, suspended, or not renewed; PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 7 of 16 c. If City has evidence that Contractor in the course of its duties herein has ~, endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. £ If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its teens, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that irrunediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as tnay be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Titne is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or bylaw shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided bylaw or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effecfive in any other instance. M. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or etnployees fi~otn any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or etnployees. Contractor shall indemnify, PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 8 OF t defend, save, and hold harmless the City and any and all of City's officers, agents, or ~,. employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. N. Assignment. The Contractor may not subcontract, assign, m• transfer any tight or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other h~ansfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Conh•actor agrees that it shall not discriminate against any person in the performance of this Agreement, on the Bounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. hi the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the uon-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doch•ines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with fire Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought arrd conducted exclusively within the United States District Court for Idaho. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 9 OF 16 t U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the pazties cause this agreement to be executed as of the day and yeaz first above. WHITMAN & ASSOCIATES, INC.: ~~~ ~~ . Daunt Whitman, President CITY O~F MERIDIAN: /.r~9 Tarnmy erd, Mayor Attest: 1' ~, 3LO~o¢„TenaucG'~ra City Clerk " ' `-' " ~o~Mo ~P SP.AI. HrFR J! '<<1e iPF~S~` PROFESSIONAL SERVICES AGREEMENT FORBUILDING PLANS EXAMINER SERVICES PAGE t ~ OF 1 G EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall conduct comprehensive commercial and residential building plan reviews, including but not limited to energy and accessibility, and ADA compliance for any and all building projects in the City of Meridian. These reviews are to ensure compliance with all current codified or ordained codes of the City prior to permit issuance. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor provides comprehensive building plan review for all commercial, residential building projects, sheds, accessory shuctures, additions, remodels and temporary use permits. Contractor coordinates plan reviews with City Community Development staff, City Public Works staff, and appropriate fire marshals. Contractor shall ensure appropriate plan reviews are performed before permits are issued. B. Certification of Project Value. Contractor shall review and approve submitted Certificates of Valuation for all projects to ensure accurate valuation. Contractor shall collaborate with appointed Building Official for the City to compute plan review fees and establish total building permit fees prior to permit issuance. C. Computerized Permit Tracking Programs. Contractor shall ufilize the Accela Software provided by City to provide data entry and comments related to plan review workflows. Contractor shall also conduct research of archived information as needed for departmental needs. D. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-snail messages withn~ one (1) business day. E. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This shall include, but not be limited to attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. F. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the flood plain ordinance, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Conhactor has knowledge as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. PROFESSIONAL SERVICES AGREEMENT FORBOILDR~G PLANS EXAMINER SERVICES PAGE tt OF 1G G. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. PLAN REVIEW. a. COMMERCIAL PYOjeets (1) Contractor shall cmnplete plan review no more than ten (10) business days after receipt of complete application for all commercial applications, unless specifically excluded under this contract as identified under section I(A) herein. (2) Conhactor shall provide plan review no more than three (3) business days after receipt of complete applicafion for the following miscellaneous commercial applications; shed, detached accessory structures, patio covers, signs, pools and temporary use permits. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other corl•espondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (4) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (5) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the building envelope on all commercial projects. (6) Conh•actor shall stamp the plan set(s) with appropriate language to signify approval or rejectiolt. Contractor shall provide all stamps used in the review and approval process. b. Tenant Improvement Projects (1) Conh~actor shall perform plan review for all tenant improvement projects. (2) Conhactor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than tluee (3) business days after receipt of complete application. City will notify Conhactor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking progam. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 12 OF 16 (3) Conhactor shall provide plan review no more than three (3) business days t after receipt of complete application for the following miscellaneous commercial tenant itnprovetnent applications; sheds, detached accessory structures, patio covers, signs, and pools. (4) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (6) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process: c. Residential Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all residential applications, unless specifically excluded under this contract as identified under section I(A) herein. (2) Contractor shall provide plan review cotrnnents, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) Contractor shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most current version of "Res Check" and/or prescriptive or performance based energy submittals for the building envelope and systems for all residential projects. (5) Cmthactor shall staznp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMEJER SERVICES PAGE 13 OF 16 II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) airy business other than Whittnan & Associates, Inc.. 4. Wear appropriate clothing and safety gear to protect from personal injury. A. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining cmnposure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel u•e asked to be responsible for their actions; actively participate as a team rnember; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co- workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor persormel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FORBUILDMG PLANS EXAMINER SERVICES PACE 14 of 16 EXHIBIT B DESK TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR ,~9Q~~~s ~~C~,Fs Z.}i ~-. , .~_ U ~, '~_;~~~ar ~~r1Y~ '~ $4 ~ fix, ~~ a~ x i~~ r? 100468 Desktop PC PROFESSIONAL SERVICES AGREEMENT FORBUILDING PLANS EXAMINER SERVICES PAGE 15 OF 16 EXHIBIT C PAYMENT SCHEDULE BUILDING PLANS EXAMINER -PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Commercial -New Permit issuance 80% of fees due Contractor Colmnercial - TI Commercial -Shell Only Commercial -Multi-Family R i es dential -New Issuance of Certificate of 20% of fees due Contractor Residential-Multi-Family Occupancy All other permit types Permit issuance 100% of fees due Conhactor PROFESSIONAL SERVICES AGREEMENT POR BUILDING PLANS EXAMINER SERVICES PAGE 160F IG ~~i~E IDIAN~-- Building Services IDAHO Meridian City Hall, Suite 102 Community Development 33 E. Broadway Avenue Department Meridian, Idaho 83642 August 29, 2012 TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton Development Services Manager SUBJECT: Professional Services Agreement between Idaho Division of Building Safety and the City of Meridian for Electrical Plan Review and Inspection Services. Meridian Building Services respectfully requests the following item be placed on the September 4, 2012 City Council Regular Agenda, for Council's consideration: I. TITLE Professional Services Agreement between Idaho Division of Building Safety and the City of Meridian for Electrical Plan Review and Inspection Services II. DESCRIPTION Background Per City Council directive, the Community Development Department, in conjunction with the Purchasing Department, conducted a formal Request for Qualifications process to gauge interest and availability of entities to perform contracted professional services for the Building Services Section. The attached subject agreement is the end result of that RFQ process and subsequent negotiation of terms and conditions. III. RECOMMENDED ACTION A. Move to: 1. Approve the Professional Services Agreement between Idaho Division of Building Safety and the City of Meridian for Electrical Plan Review and Inspection Services. 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest. Ph: 208.887.2211 www.meridiancitv.org Fax 208.887.1297 IV. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director 489-0569 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 V. LIST OF ATTACHMENTS A. Professional Services Agreement between Idaho Division of Building Safety and the City of Meridian for Electrical Plan Review and Inspection Services. Approv u iss~ v2 iZ r ce F ckl n, evelopment Services Manager Date PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this l~Lday of SeLf!¢,.,,6P.2 , 2012, by and between Idaho Division of Building Safety ("Contractor") whose a dress 1s~1090 East Watertower Street, Suite 1 S0, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS the Division is self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 54-1001C and 67-2601A to enter into contracts with a municipality for the purpose of performing electrical inspector and electrical plan review services; and WHEREAS the City is a municipal corporation created under the laws of the State of Idaho and as such is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt and enforce building codes and local amendments thereto and by Idaho Code sections 39-4116(1), 50-301, 54-1001 C to enter into contracts with the Division for the purpose of performing electrical inspector and electrical plan review services in accordance with such codes and local amendments; and WHEREAS the City Council of City finds that it is in the best interest of the health safety and welfare of the people of the City of Meridian to enter in to a contract with the Division to provide for electrical inspector and electrical plan review services; and WHEREAS the Division though its statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 1 OF 17 authorities, and (3) hold at least the minimum certif cations required by section I. (D) ~, herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. The "assigned" or "designated" electrical plan reviewer(s) for the City of Meridian shall be certified as stated per section L(D)(3) herein. All electrical inspectors "assigned" or designated" for the City of Meridian shall be certified per section I. (D)(1)(2) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract such personnel may hold minimum certification as as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timefi•ame established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Association of Electrical Inspectors (IAEI) certifications: 1. IAEI Certif ed Electrical Inspector -General (2B); 2. IAEI Certified Electrical Inspector Master (CEI-M) or obtain within 1 year of execution of this agreement; 3. IAEI (NCPCCI) Plan Review Certified (2C) or obtain within 6 months of execution of this agreement; 4. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Ha11 during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 2 OF 17 { F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Conhactor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resotuce shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such. are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Conhactor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. State's Insurance. The Division of Building Safety (Contractor) is a State of Idaho agency and provides liability coverage for public liability, personal injury, death, and property damage through the Risk Management Program established under Idaho Code section 67-5776, which is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code sections 6-901 et seq. J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. I~. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal PROFESSIONAL SERVICES AGREEMENT' FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 3 OF t 7 electronic files of any kind maybe stored on City-issued equipment. Contractor shall ~ take all necessary measures to maintain all hardware and software in good worlchrg condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. }3ESPONSIBILITICS OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective upon execution by both parties, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term maybe extended by separate written addendum, duly executed by both parties. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are governmental entities. This Agreement shall in no way or manner be conshued so as to bind or obligate Division, City, or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time, Each party reserves the right to terminate the agreement if, in its sole judgement, the legislature of the State of Idaho or the Meridian City Council, as the case may be, fails, neglects, or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the agreement. PROFESSIONAL SERVICES AGREEMENT POR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 4 OF 17 Any such termination shall take effect on sixty (60) days prior notice and be otherwise effective as provided in this Agreement. C. Revenue Allocation. Contractor shall be entitled to the following shares of electrical permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract; 1. Sixty-five percent (65%) of all commercial and residential elech~ical permit fees collected by the City annually. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Conhactor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Conhactor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty, G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Conhactor shall be deemed an employee of City in any manner or for any purpose. Specif cally, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential conhol by City in the provision of services under this Agreement. PROPESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 5 OF 17 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Conhactor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Conh•actor is an independent contractor for proposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. t 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be fur7rished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman'; Compensation or unemployment insurance payment from the City or charged to City's account. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 6 OF 17 J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City, Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the pasties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hom• for each hour worked, To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Conhactor, or at such later date as maybe established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for pm•chase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulafion or this Agreement to be held by Conhactor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; a If City has evidence that Conhactor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; PROFESSIONAL SERVICES AGREE[v1ENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 7 OF 17 ~ e. Failure of Contractor to comply with the provisions of this Agreement or any ~. applicable Federal, state or local laws and rules. £ If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for• failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or• If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the );ssence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or• constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Liability. City and Division each shall be responsible only for the acts, omissions or negligence of its own officers, employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act. Each party shall defend itself against any claims that arise solely from wrongful acts, omissions or negligence of its officers, employees, or agents in the course ofthe performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. N. Assignment. The Conhactor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, PRGFESSIONAL SERVICES AGREEMENT POR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 8 OP 17 transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. 0. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and conshued in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial Dishict Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 9 OF 17 IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and yeaz first above. IDAHO DIVISION OF BUILDING SAFETY: C. Kelly Peaz e Administrator CITY OF PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 10 OF 17 Tammy de r ,Mayor EXIIIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive commercial and residential electrical plan reviews, and lighting (Com Check) energy plan reviews prior to permit issuance, and perform detailed electrical inspections for any and all building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order conection of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive commercial and residential elechical and lighting energy plan reviews for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing electrical inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m, on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a•m, and 11:59 p.m. on a City business day ~, shall be performed the next business day Each and every field inspection requested on a non-business day shall be performed the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensuue accurate valuation. If project scope change occurs, Conhactor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, fie]d inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contactor shall specify regular or double inspection fees as required. Data entry for every electrical inspection shall immediately be entered following the completion of the inspection. E. Administrative Taslcs. During Contractor's office horns at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. PROFESSIONAL SERVICES AGREEMENT POR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 11 OF 17 F. Code Amendments and Technological Advancement. Contractor shall monitor t, legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has lmowledge, as well as the current International Building Codes, and the National Electrical Code adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. Expired Permits & Closeout. Contractor shall be responsible for tracking and closure of all electrical related permits and closure of all electrical inspections. Contractor shall communicate with the Building Official for issuance of Certificate of Occupancy, and/or administrative closure. Contractor shall monitor and track expired permits, and communicate with the Building Official to re-instate, re-issue, or extend the expired permit. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. ELECTRLCAL PLAN REVIEW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide electrical and energy plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial electronic plan files into the city database for all projects requiring electrical and energy plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Conhactor shall perform plan review for compliance with the most current version of "Corn Check" for the electrical systems and equipment on all commercial projects. t PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 12 of 17 b. Tenant Improvement Projects (1) Contractor shall perform plan review for tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Conttactor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) Contractm• shall perform plan review for compliance with the most current version of "Com Checlc" for the electrical systems and equipment on all commercial projects. (5) City staff shall install the initial electronic plan files into the city database for ~~ all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. 2. ELECTRICAL INSPECTIONS a. Commercial and Residential Projects (1) Contractor shall perform all electrical and energy inspections for commercial and residential from initial inspection tluough final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m, on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Conhactor shall sign off for final electrical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OF ] 7 (4) Contractor shall input all electrical inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, colrection notices, and re-inspection, (5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re-inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. 3, Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not adverkise on clothing or vehicles (logos, graphics, etc,) any business other than Idaho Division of Building Safety. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 14 oP 17 customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIE W AND INSPECTION SERVICES PAGE I S OF 17 ExHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR ~p Tag t ~~~,e~ ~. ` ~,~ _ ~ _ ~';~l~p . , ~.~ .. ~ ~ .:~' <~'~~ ~ ~.~ ~~ l~ 100556 Motion Com uting Tablet 100566 Motion Computing Tablet 100564 Motion Computing Tablet 100577 HP Mobile Printer 09560 200W Power Inverter 09557 200W Power Inverter 09575 200W Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECCION SERVICES PAGE 16 oP 17 Exalsrr C PAYMENT SCHEDULE ELECTRICAL INSPECTION -PAYMENT SCHEDULE Type of Pcrmit Milestone Amount to be paid Electrical Commercial -New Electrical Residential -New Permit issuance 70% of fees due Contractor Final inspection, signified by "approved" status in Accela 30% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIE W AND INSPECTION SERVICES PAGE 17 OP 17 ~,i~E IDIAN~-- Building Services Meridian City Hall, Suite 102 IDAHO 33 E. Broadway Avenue Community Development Meridian, Idaho 83642 Department August 29, 2012 TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton Development Services Manager SUBJECT: Professional Services Agreement between Idaho Division of Building Safety and the City of Meridian for Mechanical Plan Review and Inspection Services. Meridian Building Services respectfully requests the following item be placed on the September 4, 2012 City Council Regular Agenda, for Council's consideration: I. TITLE Professional Services Aareement between Idaho Division of Buildina Safety and the City of Meridian for Mechanical Plan Review and Insoection Services II. DESCRIPTION Background Per City Council directive, the Community Development Department, in conjunction with the Purchasing Department, conducted a formal Request for Qualifications process to gauge interest and availability of entities to perform contracted professional services for the Building Services Section. The attached subject agreement is the end result of that RFQ process and subsequent negotiation of terms and conditions. III. RECOMMENDED ACTION A. Move to: 1. Approve the Professional Services Agreement between Idaho Division of Building Safety and the City of Meridian for Mechanical Plan Review and Inspection Services. 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest. Ph: 208.887.2211 • vnvw.meridiancitv.org Fax 208.887.1297 IV. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director 489-0569 Bruce Freckleton, Development Services .Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 V. LIST OF ATTACHMENTS A. Professional Services Agreement between Idaho Division of Building Safety and the City of Meridian for Mechanical Plan Review and Inspection Services. Approved for Submissi pment Services Manager •Z9~Zolz Date PROFESSIONAL SERVICES AGREEMENT BETWEEN t. IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this day oftiyG~, 2012, by and between IDAHO DIVISION OF BUILDING SAFETY, Inc. ("Co tractor") whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS the Division is self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 54-1-0O1C and 67-2601A to enter into contracts with a muriicipality for the purpose of performing mechanical inspector and mechanical plan review services; and WHEREAS the City is a municipal corporation created under the laws of the State of Idaho and as such is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt and enforce building codes and local amendments thereto and by Idaho Code sections 39-4116(1), 50-301, 54-1001C to enter into contracts with the Division for the purpose of performing mechanical inspector and mechanical plan review services in accordance with such codes and local amendments; and WHEREAS the City Council of City finds that it is in the best interest of the health safety and welfare of the people of the City of Meridian to enter in to a contract with the Division to provide for mechanical inspector and mechanical plan review services; and WHEREAS the Division though its statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. NOW, THEREFORE, inconsideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVEsW AND INSPECTION SERVICES PAGE 1 OF 17 authorities, and (3) hold at least the minimum certifications required by section I. (D) ~. herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Mechanical field inspectors shall be certified per section L(D)(1)(2) herein. Mechanical plan reviewers shall be certified per section I.(D)(3) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business. days of hiring or reassigning personnel to provide services hereunder, Conhactor shall provide to City a list of all Contractor personnel who, are employed or otherwise assigned by Contractor to provide services under this agieement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code Title 54, Chanter 50, and 54-5021; within thirty (301 davs of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as xeauired herein City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timefiame established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Commercial Mechanical Inspector; 2. ICC Residential Mechanical Inspector; 3. Within six (6) months of execution of this Agreement, ICC Mechanical Plans Examiner; 4. Any and all other certifications required by law. E. Oftice Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under ExhibitA, Scope of Services. F. Cell Phone. Contractor and Conhactor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 2 OF 17 thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement, Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Conhactor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. State's Insurance. The Division of Building Safety (Contractor) is a State of Idaho agency and provides liability coverage for public liability, personal injury, death, and property damage through the Risk Management Program established under Idaho Code section 67-5776, which is funded and in effect subject to limitation on liability ofthe Tort Claims Act, Idaho Code sections 6-901 et seq. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, elechonic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any lrind maybe stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in goad working condition. City shall perform all necessary maintenance and repair of City-issued PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 3 OF 17 equipment. Contractor shall reimbtuse City for the cost of any major repair or ~• replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the properly of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon ternination or expiration of this Agreement. II. RCSPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Conhactor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective upon execution by both parties, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are governmental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time. Each party reserves the right to terminate the agreement if, in its sole judgement, the legislature of the State of Idaho or the Meridian City Council, as the case maybe, fails, neglects, or refuses to appropriate sufficient funds as maybe required for the Division or City to continue their required performance under the agreement. Any such termination shall take effect on sixty (60) days prior notice and be otherwise effective as provided in this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 4 OF t7 r' C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract; Sixty-five percent (65%) of all commercial and residential mechanical permit fees collected by the City annually. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate ofno more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Conhactor in lieu of any claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Conh•actor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Conhactor understands, acknowledges, and: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independent]y established trade, occupation, profession, or business, PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 5 OF 17 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. I. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E. Watertower Sheet, Suite 150 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN RBVE? W AND INSPECTION SERVICES PAGE 6 OF 17 J. Termination. 1, Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. ' Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments, City shall provide payment to Contractor within thirty (30) business days of receipt of invoice, 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; o, If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 7 OF 17 { f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice fiom City fails to correct such failures within fourteen (14) business days or other period as specified; or If the City Council determines that immediate teI•mination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required fox City to continue to perform its obligations under this agreement. I~. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L, Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or bylaw shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and ate in addition to any other rights and remedies provided by ]aw or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Liability. City and Division each shall be responsible only for the acts, omissions or negligence of its own officers, employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act. Each party shall defend itself against any claims that arise solely from wrongful acts, omissions or negligence of its officers, employees, or agents in the coulse of the performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. N. Assignment. The Contractol• may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this PROPESSIONAL SERVICES AGREEMENT POR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 8 OF 17 Agreement. City may withhold its consent to assignment, succession or other transfer of t Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the patties and their respective successors and permitted assigns. 0. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal there fiom, is brought for failure to observe any of the terms of this Agreement; the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or• proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and. exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WIIEREOF, the parties cause this agreement to be executed as of the day and year first above. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AIJD INSPECTION SERVICES PAGE 9 OP 17 IDAHO DIVISION OF BUILDING SAFETY, INC.: C. Kelly Pearce, Administrator CITY OF MERIDIAN: Tammy de a rd, Mayor Attest: PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN RE VEiW AND INSPECTION SERVICES PAGE 10 OF 17 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform commercial and residential mechanical and energy plan reviews prior to permit issuance, and perform mechanical inspections for any and all building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing commercial and residential mechanical and energy plan reviews prior to permit issuance, for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing mechanical inspections. B. Field Inspections. Contractor shall peid'orrn field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non-business day shall be performed the next business day. C, Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City-Conhactor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Traclung Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection notes, pass/fail status, and fmal inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every mechanical inspection shall immediately be entered following the completion of the inspection. E. Administrative Taslcs. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and a-mail messages within one (1) business day. F. Code Amendments and Technological Advancement, Contractor shall monitor PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 11 OF 17 legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or• criminal penalties for uncorrected violations. H. Expired Permits and Project Close Out. Contractor shall be responsible for• tracking and closure of all mechanical permits and closure of all mechanical inspections. Contractor shall communicate with the Building Official for issuance of Certificate of Occupancy, and/or adminishative closure. Contractor shall monitor and track expired permits and communicate with the Building Official to re-instate, re-issue, or extend the expired permit. I. Process and Performance Standards. Conhactor shall provide services in accordance with the following pI•ocess and performance standards: 1. M1;CHANICALPLANREVIGW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide mechanical and energy plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City Contractor-Liaison, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the electronic plan submittal files into the city database for all projects requiring mechanical and energy plan review. Conhactor will access the fles remotely and electronically with City permissions. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" (5) Conhactor shall electronically approve or deny all plan reviews in the City database workflow for each plan review. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 12 OF 17 b. Tenant Improvement Projects (1) Conttactor shall perform plan review for tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Traclc Tenant Improvement" projects no more than three (3) business days after receipt of complete application, City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized database. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City Contractor-Liaison, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review for compliance with the most cunent version of "Com Check" on all tenant improvement projects. (5) Contractor shall electronically approve or deny all plan reviews in the City database workflow for each plan review. c. Residential Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all conunercial applications. (2) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to mechanical designer, conhactor, owner of record, and to City. Contractor shall archive same in the manner and in the location specif ed by City. (3) City shall install the initial electronic plan submittal files into the city database for all projects requiring mechanical plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. (4) Conhactor shall perform a basic cursory plan review of any proprietary WrightSoft submittal (or equivalent) on all new single family homes to satisfy the minimum requirements for manual J, D and S and review ResCheck as needed. This is applicable to new residential dwellings only. Contractor shall maintain these records per Idaho record retention law. PROFESSIONAL SERVICES AGREEMENT FOR MECIL4NICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OF 17 rr (5) Contractor shall electronically approve or deny all plan reviews in the City l; database workflow for each plan review. 2. MECHANICAL INSPECTIONS a. Commercial and Residential Projects (1) Contractor shall perform all mechanical and energy inspections for commercial and residenflal projects, from initial inspection through final inspection. City shall provide all pass/fail-inspection tags, and notices for Contractor use, (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for fmal mechanical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all mechanical inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re-inspection; (5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re-inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. 3. Dress professionally, While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other PROFESSIONAL SERVICES AGREE[v1ENT FOR MECHANICAL PLAN REVIEW AND WSPECTION SERVICES PAGE 14 OF l7 ~,. than IDAHO DIVISION OF BUILDING SAFETY, Inc. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all conttact personnel, including Contractor, to in good faith and to the extent reasonably required perfolTn services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel ate asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgiounds; treat all customers and co-wotkers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Conhactor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REV~W AND INSPECTION SERVICES PAGE 15 OF 17 EXFIIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR ,.. M. 100558 Motion Computin Tablet 100563 Motion Com uting Tablet 100565 Motion Computing Tablet 100572 HP Mobile Printer 100573 HP Mobile Printer 09561 200W Power Inverter 09558. 200W Power Inverter N/A Misc. Char ing ada ters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENTT'' FOR MECHANICAL PLAN REVIEW AND uVSPECrION SERVICES PAGE 16 OF 17 EXHIBIT C PAYMENT SCHEDULE MECHANICAL INSPECTION -PAYMENT SCHEDULE T e of Permit Milestone Amount to be aid Mechanical Conunercial -New Mechanical Residential -New Permit issuance 70% of fees due Contractor Final inspection, signified by "approved" status in Accela 30% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVE3W AND INSPECTION SERVICES PAGE 17 OP 17 ~~i~E~IDIAN~ Buildyng Services Meridian Cit Hall, Suite 102 33 E. Broadway Avenue Community Development Meridian, Idaho 83642 Department August 29, 2012 TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton Development Services Manager SUBJECT: Professional Services Agreement between Jackson Code Consultants, Inc, and the City of Meridian for Fire Plan Review and Inspection Services. Meridian Building Services respectfully requests the following item be placed on the September 4, 2012 City Council Regular Agenda, for Council's consideration: I. TITLE Professional Services Agreement between Jackson Code Consultants. Inc., and the City of Meridian for Fire Plan Review and Inspection Services II. DESCRIPTION Background Per City Council directive, the Community Development Department, in conjunction with the Purchasing Department, conducted a formal Request for Qualifications process to .gauge interest and availability of entities to perform contracted professional services for the Building Services Section. The attached subject agreement is the end result of that RFQ process and subsequent negotiation of terms and conditions. III. RECOMMENDED ACTION A. Move to: 1. Approve the Professional Services Agreement between Jackson Code Consultants, Inc, and the City of Meridian for Fire Plan Review and Inspection Services. 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest. Ph: 208.887.2211 • www.meridiancity org • Fax 208.887.1297 IV. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director 489-0569 Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 V. LIST OF ATTACHMENTS A. Professional Services Agreement between Jackson Code Consultants, Inc, and the City of Meridian for Fire Plan Review and Inspection Services. Approved for Submiss pment Services Manager 8.2"-r ~ 2D/z Date PROFESSIONAL SERVICES AGREEMENT BETWEEN ~, JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR FIRE PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR FIRE PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this ~~'`day of - ,..~z¢2, 2012, by and between Jackson Code Consultants, Inc. ("Contractor") whose a dress is P.O. Box 1303, Meridian, Idaho 83680-1303 and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OFCONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by Idaho Code 41- 253, 41-254, 41-255, 41-256 and by section I. (D) herein; and any other sections as required by Idaho State Law. Contractor shall notify the City-Contractor Liaison of any and al] such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Fire field inspectors shall be certified per section I.(D)(1) herein. Fire plan reviewers shall be PROFESSIONAL SERVICES AGREEMENT FOR FnzE PLAN IZEVIE W AND INSPECTION SERVICES PAGE 1 OF 1~ certified per section L(D)(2) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning persomnel to provide services hereunder, Conhactor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personne]'s credentials and qualifications. Upon hiring or reassigning personnel to nerform services under this contract, such personnel tnav hold minimum certification as re uit•ed by Idaho Code 41-253. 41-254 41-255, 41-256• within thirty (30) days of hirine or reassignini; such nersottnel such personnel shall be fully qualified and certified as reauired herein. City may withhold its consent to such employment, designation, subcontract, or delegation or othet• hansfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Fire Inspector II; 2. ICC Fire Plans Examiner; 3. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Conhactor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not petfortn any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from refen~ing any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City t•esource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a conshuction project. H. Public Records. Contractor acknowledges that all records containing information PROFESSIONAL $ERV ICES~AGREEMENT FOR FmE PLAN REVIEW AND INSPECTION $ERV ICES PAGE 2 of 17 relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such itformation is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. Insurance. ConU•actor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreetent. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and tnaintain throughout the term of tltis Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a cotbined single limit per occurrence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence naming the City of Meridian as an additional insured. 4. Workers' cotpensation insurance on Contractor and all persons in Contractor's employ in the minimmn amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. J. Compliance with Applicable Law and City Policies. Contractor shall cotnply with all federal, state, City, and other laws and ordinances applicable to services perfmYned under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and PROFESSIONAL SERVICES AGREEMENT FORFIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 3 of 17 electronic equipment usage, and safety. City shall provide notice to Contractor of any ( amendments or modification of City ordinances adopting or amending relevant codes or policies. IC. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Coltractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equiprnent, other than cellular telephones is prohibited while in the office. No persona] electronic files of any ltind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for'the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OFCITY. A. Incidental Office Supplies. City shall provide, for• Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equiprnent provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective upon execution by both parties, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 4 OF 17 B. Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as maybe required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this conhact. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract; 1. Seventy-three percent (73"/0) of the Commercial Fire Code Plan Review Fees that are collected annually. 2. Seventy-three percent (73%) of the permit fees collected annually for: a. Cooking hood fire extinguishing systems b. Commercial Fire Alarm Systems c. Cotmnercial Fire Sprinkler Systems d. Fire Spritkler Systems for Commercial Tenant hnprovements, Remodels and Upgrades e. Underground Tank Installations £ Hazardous Material Storage Review & Inspection g. High Pile Combustible Storage Review & Inspection D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Conhactor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Conh•actor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Paylnertt Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone, City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars PROFESSIONAL SERV]CES AGREEMENT FOR FIRE PLAN RHVIE W AND INSPECTION SERVICES PAGE S OF 1~ ($250.00) for each business day. Such payment shall be construed to be liquidated t, damages by the Contractor in lieu of arty claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards uid shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide al] major items of equipment necessary to perform services under this Agreement. 5. Neither Conh~actor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. Contractor shall not be entitled to any benefits generally granted to City employees. Without ]imitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retiretneltt benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 6 OF 17 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. Notice. Communication between the City-Contractor Liaison and Conhactor regarding day-to-day and administrative matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deelned communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Richard E. Jackson Jackson Code Consultants, Inc. P.O. Box 1303 Meridian, Idaho 83680-1303 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such chauge to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. hr the event of termination, the non-terminating party shall be entitled to compensafion for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for• an additional thirty (30) business days or for such period as the parties Inay agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive paylnent, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGR 7 OF 17 ~ 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are rto longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. £ If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to cor•ect such failures within fourteen (14) business days or other period as specified; or i. If the City Couticil determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. IC. Time of the Essence. Titne is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of auy right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE $ OF 17 or not similar, nor shall any waiver in one instance constitute a waiver in any other {, instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from arty and all losses and expenses caused or incurred by Cottractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except fot• liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, attd from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole orjoint negligence of Contractor. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subconh~actor, hansferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreetent shall bind and inure to the benefit of the parties and theit• respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agt•eements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall i survive its expiration or termination. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 9 of 17 ~, S. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. JACKSON CODE CO ULTANTS, INC.: Richard E. Jackson, P esident CITY OF MERIDIAN: Tammy a erd, Mayor Attest: I 3`D~D~p4BD ADpGS ,,9 L r aycee H~llnan City Clerk `-~ r ``~~ - ~onNo a °' SEAL ,~ n, PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERV ICES PAGE 10 oP 17 ~,. EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive corxlrnercial fire plan reviews, and detailed fire inspections for any and all building projects and fire protection systems in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive commercial fire plan reviews for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing fire inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.rn. on a City business day shall be performed the next business day. Each and every field inspection requested on anon-business day shall be perforned the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation, If project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection cotes, pass/fail status, and final inspection status. Conh~actor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every fire inspection shall immediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetnrgs upon request of, as needed, or as scheduled by City. Contractor shall respond to voice Inail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIE W AND INSPECTION SERVICES PAGE 11 OF 17 legislation and technical developments that may affect the building industry. This ~, may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the cun~ent International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Expired Pernuts and Project Closeout. Contractor shall be responsible for tracking and closure of all fire related permits and closure of all fire inspecfions. Contractor shall communicate with the Building Official for issuance of Certificate of Occupancy, and/or administrative closure. Contractor shall monitor and track expired permits and communicate with the Building Official to re-instate, re-issue, or extend the expired permit. I. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. FIRE PLAN REVIEW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide fire plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial elechonic plan files into the city database for• all projects requiring fire plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance for the fire systems and equipment on all commercial projects. PROFESSIONAL SERV ICES AGREEMENT FOR FIRE PLAN REVIEW ANDINSPECnON SERVICES PAGE 12 OF 1~ ( (5) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. b. Tenant Improvement Projects (1) Contractor shall perform plan review for al] tenant improvement projects. (2) Contractor shall complete plan review no snore than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit hacking program. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review to verify compliance with the fire systems and equipment on all commercial projects. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring fire plan review. Conhactor shall be responsible to install all resubmitted plan files and documents in the same city database. Conh~actor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (6) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. 2. FIRE INSPECTIONS a. Commercial Projects (1) Conhactor shall perform all fire inspections for commercial projects, from initial inspection through final inspection. City shall provide all pass/fai] inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 5:00 a.m. on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OF 17 (3) Contractor shall sign off for final fire inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all fire inspection information into the tablet PCs using the City's Accela software irrllnediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re-inspection, (5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re-inspection fees, per the adopted fee schedule, if items fiom a previous correction notice are not corrected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. Dress professionally, While performing services for the City of Meridian, the Contractor, its subconh•actors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Jackson Code Consultants, Inc. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. Customer Service: Conhactor is asked to respond to customers in a genuine, positive, and timely manner; pl•esenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the custorner's concerns; and following up with customers. 2. Accountability: Conh•actor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OP 17 actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. Respect: Conri•actor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. -- PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 15 OP 17 ExaISIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR - 1109006 -. Motion Computing Tablet 109005 Motion Com utin Tablet 100575 HP Mobile Printer 100583 HP Mobile Printer 09553 200W Power Inverter 09554 200W Powel• Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 16 OF 1'] EXI3IBIT C PAYMENT SCHEDULE FIRE INSPECTION -PAYMENT SCHEDULE Ty a of Permit Milestone Amount to be aid Fire Cormnercial -New Fire Residential -New Permit issuance 50% of fees due Contractor Final inspection, signified by "approved" status in Accela 50% of fees due Conhactor All other permit types Permit issuance 100% of fees due Conh•actor PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 1'7 OF 17 ~~i~E IDIAN~-- Building Services IDAHO Meridian City Hall, Suite 102 33 E. Broadway Avenue Community Development Meridian, Idaho 83642 Department August 29, 2012 TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton Development Services Manager SUBJECT: Professional Services Agreement between DMH Enterprises and the City of Meridian for Plumbing Plan Review and Inspection Services. Meridian Building Services respectfully requests the following item be placed on the September 4, 2012 City Council Regular Agenda, for Council's consideration: I. TITLE Professional Services Agreement between DMH Enterprises and the City of Meridian for Plumbing Plan Review and Insoection Services II. DESCRIPTION Background Per City Council directive, the Community Development Department, in conjunction with the Purchasing Department, conducted a formal Request for Qualifications process to gauge interest and availability of entities to perform contracted professional services for the Building Services Section. The attached subject agreement is the end result of that RFQ process and subsequent negotiation of terms and conditions. III. RECOMMENDED ACTION A. Move to: 1. Approve the Professional Services Agreement between DMH Enterprises and the City of Meridian for Plumbing Plan Review and Inspection Services. 2. Authorize the Mayor to sign the agreement, and the City Clerk to attest. Ph: 208.887.2211 r www.meridiancitv.ora r Fax 208.887.1297 IV. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Brent Bjornson, Building Plans/Inspection Coordinator V. LIST OF ATTACHMENTS 489-0569 489-0362 489-0304 A. Professional Services Agreement between DMH Enterprises and the City of Meridian for Plumbing Plan Review and Inspection Services. Approved bm pment Services Manager G`~•~IZ Date PROFESSIONAL SERVICES AGREEMENT BETWEEN t. DMH ENTERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN DMH ENTERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this ~ay of y2012, by and between DMH Enterprises ("Contractor") whose address is 1116 n. awn Drive, Boise, Idaho 83713, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, inconsideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: \, L RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I.(D) herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Plumbing field inspectors shall be certified per section I.(D)(1) herein. Plumbing plan reviewers shall be certified per section I.(D)(2) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or PROFESSIONAL SERVICES AGREEMENT FORPLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 1 OF 17 reassigning personnel to provide services hereunder, Contractor shall provide to City a (1 list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such persormel's credentials and qualifications. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timefiame established by this provision and all provisions of this Agreement. Specifically, without limitation, Conhactor shall be in good standing with all relevant licensing authorities and shall, at a minimmn, hold the following certifications: 1. International Association of Plumbing Officials "(IAPMO) Plumbing Inspector" certification which certifies inspector in both residential and commercial disciplines. 2, International Association of Pltunbing Officials (IAPMO) Plumbing Plans Examiner within six months of the execution of this agreement; 3. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exh.ibitA, Scope ofSernices. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Conhactor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Conttactor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Conhactor is strictly prohibited from referring any work to Contractor, or auy company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Conhactor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's recm•ds retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 2 OF 17 requested information or t•ecords to the City Clerk's Office where such information is t maintained by Conhactor in a location or format not readily accessible by City. Contractor shall, upon request, prepat•e and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. Insurance. Contractor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Ageetnent. Such insurance shall'be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and maintain throughout the term of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: 1. Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agteement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less titan five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional insured. 4. Workers' compensation insurance on Conh•actor and all persons in Contractor's employ in the minitnutn amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. Compliance with Applicable Law and City Policies. Conh•actor sltal] comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and elechonic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. PROFESSIONAL SERVICES AGREEMENT POR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 3 OF 1 ~ IC. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs alTd Related Equiplnerat Issued to Contractol• hereto. Any electronic equipment furnished by City for use by Conhactor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. CGntractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide tG Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective upon execution by both parties, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. B. Non-Appropriation of Funds. This Agreement shall in no way or matmer be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by PROFESSIONAL SERVICES AGREEMENT POR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 4 OF 17 Meridian City Council. The City reserves the right to terminate the Agreement if the Z Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as maybe required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relafive to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract; 1. Sixty percent (60%) of cotmnercial and residential plumbing permit fees collected by the City annually. D, Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval m• request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of petrnit revenues collected by the City in accordance with Ea;hibit C, Payment ScTtedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is aclmowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Conhactor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Suclt payment shall be conshued to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Contractor sltal] be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any tnanner or for any t PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 5 OF 17 purpose. Specifically, without limitation, Conhactor understands, acknowledges, and agees: Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensafion insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Conhactor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed cotmnunicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Dennis Holte Attn: Development Services Manager DMH Enterprises 33 E. Broadway Avenue 1116 N. Dawn Drive PROFESSIONAL SERVICES AGREEMENT FOR PLUMBMG PLAN REVIEW AND INSPECTION SERVICES PACE 6 of 17 Meridian, Idaho 83642 Boise, Idaho 83713 Either party may change its authorized representative and/or address for the purpose of this paragiaph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agi•eement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Conhactor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Conh•actor shall provide services as described under this Agi•eement for an additional thirty (30) business days or fm• such period as the parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including tune records containing date, service provided, and tune expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required bylaw, regitlation or this Agreement to be held by Contractor to provide the services required by this Agi•eement, is for any reason denied, revoked, suspended, or not renewed; PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE ~ OF I ~ c. If City has evidence that Contractor in the course of its duties herein has ~ endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Conh•actor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. £ If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the perfornance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that iminediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. IC, Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided bylaw or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused oI• incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE $ OF 17 defend, save, and hold harmless the City and any and all of City's officers, agents, ot• i, employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. N. Assignment. The Contractot• may not subcontract, assign, or h•ansfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. 0. 5everability. The invalidity or unenforceability ofany particulat•provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid ot• unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, attd discussions, whether verbal ot• written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal thet•efrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venuc. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall l be brought and conducted exclusively within the United States District Court for Idaho. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE J OF 17 U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. DMH ENTERPRISES: Dennis Holte, Owner CITY OF MERIDIAN: Tammy ~~erd, Mayor Attest: Jaycee H~Jkrlan, City Clerk DApgflD AU4.G O~ ~~ 3° ~+ ~, clryo~ m ~~ SEAL 9 j6B °~qe TNl ~6% PROFESSIONAL SERVICES AGREEMENT FOR PLUMBMG PLAN REVIEW AND INSPECTION SERVICES PAGE IO of 17 ~. EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive commercial plan reviews prior to permit issuance and detailed plumbing inspections for any and all building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the perrnitholder and the City of any violation; and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive commercial plan reviews, prior to permit issuance for any and all building projects in the City of Meridian. Plan review shall be perfot7ned before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing plumbing inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m, and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m, and 11:59 p.tn, on a City business day shall be performed the next business day. Each and every field inspection requested on anon-business day shall be performed the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection notes, pass/fail stahis, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every plumbing inspection shall imtnediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor PROFESSIONAL SBRVICES AGREEMENT FOR PLUMBRJG PLAN REVTEW AND INSPECTION SERVICES PAGE 11 OF 17 legislation and technical developments that tnay affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/m' criminal penalties for uncorrected violations. H. Expired Permits and Project Close Out. Contractor shall be responsible for tracking and closure of all plumbing permits and closure of all plumbing inspections. Contractor shall communicate with the Building Official for issuance of Certificate of Occupancy, and/or administrative closure. Contractor shall monitor and track expired permits and cotmnunicate with the Building Official to re-instate, re-issue, or extend the expired permit. I. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. PLUMBING PLAN REVIEW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide plumbing plan review comments, redlhies, re- submittal requests and other correspondence via email to design professional of record and to City, and shall archive sazne in the manner and in the location specified by City. (3) City staff shall install the initial electronic plan files into the city database for all projects requiring plumbing plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Conh•actor shall perform plan review for compliance of the plumbing systems and equipment on all commercial projects including medical gas systems and storm drain systems. { PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECr1ON SERVICES PAGE 12 OF 17 b. Tenant Improvement Projects (1) Contractor shall perform plan review for tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) City staff shall install the initial electronic plan Files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubrnitted hard copies into plan set(s) issued for construction. 2. PLUMBING INSPECTIONS a. Commercial and Residential Projects, including all plumbing systems, medical gas systems and storm drainage systems upstream of the seepage beds. (1) Conh~actor shall perform all plumbing and inspections for commercial and residential projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m, on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final plumbing inspection for Certificate of Occupancy, Tempol•aI•y Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection repol•ts. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. PROFESSIONAL SERVICES AGREEMENT FORPLUMBEJG PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OF I~ (4) Contractor shall input all plumbing inspection infonnation into the tablet PCs ( using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re-inspection. (5) Contractor shall perform as many inspections as necessary on any permit. Contractor tnay assess re-inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. lI. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than DMH Enterprises. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perfonn services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Conhactor is asked to respond to customers in a genuine, positive, attd timely manner; presenting a polite and approachable persona; maintaining composm•e under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current infonnation regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all PROFESSIONAL SERVICES AGREEMENT FOR PLUMBMG PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OF 17 customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or• passing informatimr of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by loolting for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 15 OF l7 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR 100555 Motion Computing Tablet 100568 Motion Computing Tablet 100574 HP Mobile Printer 100582 HP Mobile PI•inter 09551 200W Power Inverter 09552 200W Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 160E 17 EXx[BIT C PAYMENT SCHEDULE PLUMBING INSPECTION -PAYMENT SCHEDULE Ty a of Permit Milestone Amount to be paid Plumbing Commercial -New Plumbing Residential -New Permit issuance 70% of fees due Contractor Final inspection, signified by "approved" status in Accela 30% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROF&SSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 17 of 17 Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 9a PROJECT NUMBER: ITEM TITLE: Ordinance No. ~a - ~ 5a5 Update of Local Amendments to 2008 National Electrical Code Regarding Metal Raceways in Commercial Buildings MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. /off - / Sa BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 10-3-1(C), REGARDING AMENDMENTS TO THE 2008 NATIONAL ELECTRICAL CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 10-3-1(C)(2), amending section 334.10 of the 2008 edition of the National Electrical Code ("NEC"), regarding metal raceways in commercial buildings, is more restrictive than necessary for the protection of property and public safety; NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of Meridian, Idaho: Section 1. That Meridian City Code section 10-3-1(C) is amended as follows: C. Amendments: The following amendments to the NEC shall apply: 1. A new provision shall be added as follows: Buildings Moved From One Location To Another. When a building is moved from one location to another the service entrance shall be inspected and made to conform to the requirements of the NEC. 7 A „L ...111.,. ..A,7,,.7 .... f lL...,... , 23. A new provision shall be added as follows: Suspended Ceiling Lights. Any and all suspended ceiling lights shall be suspended by means of support wires independent from electrical wiring. This shall include smaller lights, including, but not limited to, exit signs. Suspended ceiling lights over one square foot in area shall be suspended by means of two (2) support wires, one on each diagonal corner. 34. A new provision shall be added as follows: Bell Ringing Transformers. Bell ringing transformers shall be accessible for upkeep and repair, and shall not be located in attics. 4~. A new provision shall be added as follows: Certification And Approval Of Electrical Products And Materials. All materials, devices, fittings, equipment, apparatus, fixtures, and appliances installed or to be used in installations that are supplied with electric energy shall be: a. Tested, examined, and certified/listed by an accredited electrical product testing laboratory as set forth in the list thereof maintained by the Idaho division of building safety, electrical bureau; or b. Approved by the city electrical inspector, provided that such material, device, fitting, equipment, apparatus, fixture, and/or appliance equipment is installed under an electrical permit issued pursuant to this chapter and conforms to industry and/or NEC standards. Where in the judgment of the city electrical inspector a field evaluation is UPDATE TO LOCAL AMENDMENTS TO NEC PAGE 1 OF 5 necessary to determine the compliance of the material, device, fitting, equipment, apparatus, fixture, and/or appliance equipment with industry and/or NEC standards, such field evaluation shall be completed by an accredited electrical product testing laboratory as set forth in the list thereof maintained by the Idaho division of building safety, electrical bureau. Such approval shall not be required for products that are certified/listed on the list thereof maintained by the division of building safety, electrical bureau. 56. A new provision shall be added as follows: Temporary Uses. a. Any and all electrical circuits and/or wiring which are in, upon, or used within a temporary structure and/or which are at, for, or used by a temporary use shall be protected by ground fault circuit interrupter protection (GFCI) at the source. This shall include, but shall not be limited to, all cords that are located in, upon, or across open areas, parking areas, walkways, planters, drive aisles, and/or inside any portion of a temporary structure. b. Any and all lighting bulbs which are in, upon, or used within a temporary structure and/or which are at, for, or used by a temporary use shall be completely enclosed by glass fixture lens. Any and all fluorescent lamps which are in, upon, or used within a temporary structure and/or which are at, for, or used by a temporary use shall be completely enclosed in tube guards. c. Any and all temporary or extension cords used for power in, upon, at, for, or used by a temporary structure and/or a temporary use shall be in good condition and undamaged, and shall have no splices or open conductors. 6~. Article 210.12 shall be deleted and replaced with the following language: Arc-Fault Circuit-Interrupter Protection. a. Definition: Arc-Fault Circuit Interrupter. An arc-fault circuit interrupter is a device intended to provide protection from the effects of arc faults by recognizing chaz~acteristics unique to arcing and by functioning to de-energize the circuit when an arc fault is detected. b. Dwelling Unit Bedrooms. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type installed to provide protection of the branch circuit. c. Exception: The location of the arc-fault circuit interrupter shall be permitted to be at other than the origination of the branch circuit in compliance with both of the following: (1) The arc-fault circuit interrupter installed within six (6) feet of the branch circuit overcurrent device as measured along the branch circuit conductors. (2) The circuit conductors between the branch circuit overcurrent device and the arc-fault circuit interrupter shall be installed in a metal raceway or a cable with a metallic sheath. 78. Article 680.26 shall be deleted and replaced with the following language: Bonding. a. Performance. The bonding required by this section shall be installed to eliminate voltage gradients in the pool area as prescribed. This section does not require that the 8 UPDATE TO LOCAL AMENDMENTS TO NEC PAGE 2 OF 5 AWG or larger solid copper bonding conductor be extended or attached to any remote panelboard, service equipment, or any electrode. b. Bonded Parts. The following specified parts shall be bonded together: (1) Metallic Structural Components. All metallic parts of the pool structure, including the reinforcing metal of the pool steel, coping stones, and deck, shall be bonded. The usual steel tie wires shall be considered suitable for bonding the reinforcing steel together, and welding or special clamping shall not be required. These tie wires shall be made tight. If reinforcing steel is effectively insulated by an encapsulating nonconductive compound at the time of manufacture and installation, it shall not be required to be bonded. Where reinforcing steel is encapsulated with anon-conductive compound, provisions shall be made for an alternate means to eliminate voltage gradients that would otherwise be provided by unencapsulated, bonding reinforcing steel. (2) Underwater Lighting. All forming shells and mounting brackets or no-niche luminaries/fixtures shall be bonded unless a listed low-voltage lighting system with nonmetallic forming shells not requiring bonding is used. (3) Metal Fittings. All metal fittings within or attached to the pool structure shall be bonded. Isolated parts that are not over 100 mm (4 inches) in any dimension and do not penetrate into the pool structure more than 25 mm (1 inch) shall not require bonding. (4) Electrical Equipment. Metal parts of electrical equipment associated with the pool water circulating system, including pump motors and metal parts of equipment associated with pool covers, including electric motors, shall be bonded. Metal parts of listed equipment incorporating an approved system of double insulation and providing a means for grounding internal non-accessible, non-current-carrying metal parts shall not be bonded. Where adouble-insulated water-pump motor is installed under the provisions of this rule, a solid 8 AWG copper conductor that is of sufficient length to make a bonding connection to a replacement motor shall be extended from the bonding grid to an accessible point in the motor vicinity. Where there is no connection between the swimming pool bonding grid and the equipment grounding system for the premises, this bonding conductor shall be connected to the equipment grounding conductor of the motor circuit. (5) Metal Wiring Methods And Equipment. Metal-sheathed cables and raceways, metal piping, and all fixed metal parts except those separated from the pool by a permanent barrier shall be bonded that are within the following distances of the pool: (a) Within 1.5 m (5 ft) horizontally of the inside walls of the pool. (b) Within 3.7 m (12 ft) measured vertically above the maximum water level of the pool, or any observation stands, towers, or platforms, or any diving structures. a Common Bonding Grid. The parts specified in subsection (b), above, shall be connected to a common bonding grid within a solid copper conductor, insulated, covered, or bare, not smaller than 8 AWG. Connection shall be made by exothermic welding or by pressure connectors or clamps that are labeled as being suitable for the purpose and are of stainless steel, brass, copper, or copper alloy. The common bonding grid shall be permitted to be any of the following: (1) The structural reinforcing steel of a concrete pool where the reinforcing rods are bonded together by the usual steel tie wires or the equivalent. UPDATE TO LOCAL AMCNDMENTS TO NEC PAGE 3 OF 5 (2) The wall of a bolted or welded metal pool. (3) A solid copper conductor, insulated, covered, or bare, not smaller than 8 AWG. (4) Rigid metal conduit or intermediate metal conduit of brass or other identified corrosion-resistant metal conduit. d. Connections. Where structural reinforcing steel or the walls of bolted or welded metal pool structures are used as a common bonding grid for nonelectrical parts, the connections shall be made in accordance with article 250.8. e. Pool Water Heaters. For pool water heaters rated at more than 50 amperes that have specific instructions regarding bonding and grounding, only those parts designated to be bonded shall be bonded, and only those parts designated to be grounded shall be grounded. 89. Annex H of the NEC, also known as article 80, is not adopted. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon i~ts/~passage and publication. PASSED by the City Council of the City of Meridian, Idaho, thi's '7~~ ~ day of September, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of September, 2012. APPROVED: Tanuny c~e'W~erd, Mayor ~p'f9D AU°US ATTEST: 2G°ar° ''±~9~ 1 t ~ / n .r CYry of City Clerk "~ gam, ~y f~F'~~Ae T0.40. UPDATE TO LOCAL AMENDMENTS TO NEC PAGE 4 OF 5 ~~i~EI~IDIAN~ MeridiBauCi~ty H911SSuiVe~102 33 E. Broadway Avenue Community Development Meridian, Idaho 83642 Department August 30, 2012 TO: Mayor Tammy de Weerd Members of the City Council FROM: .Brent Bjornson -Building Services SUBJECT: Meridian City Code Amendment to Electrical Language Meridian Building Services respectfully requests the following item be placed on the September 4, 2012 City Council Regular Agenda, for Council's consideration: I. TITLE Update of local amendment to the 2008 National Electrical Code regarding metal raceways in commercial buildings. II. DESCRIPTION Back4round Local amendment 10-3-1(C)(2) requires metal conduit and raceways in all commercial buildings. This language is more restrictive than the currently adopted 2008 National Electrical Code language. As a result, commercial applications such as apartments and other multi-family living structures are currently required use metal conduit even though the National Electrical Code allows the use of "non-metallic" (Type NM) cable for these "residential type" installations. It is our opinion that there should be no negative feedback from the building community as this will reduce the cost of the installation to the owner/builder, and it will bring us into alignment with the surrounding municipalities, and the Idaho State Division of Building Safety. III. RECOMMENDED ACTION A. Move to: Repeal item 10-3-1 (C)(2) entirely, and enforce the minimum requirements of the National Electrical Code. Ph: 208.887.2211 • vvww.meridiancity.org • Fax 208.887.1297 IV. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community. Development Director Bruce Freckleton, Development Services Manager Brent Bjornson, Building Plans/Inspection Coordinator V. LIST OF ATTACHMENTS Ordinance for amending 10-3-1(C)(2). Recommended for Submission: Plans Approv " si Inspection Coordinator pment Services Manager 489-0569 489-0362 489-0304 ~ o ~~ v l~L Date ~30-ZolZ Date Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 9b PROJECT NUMBER: ITEM TITLE: Ordinance No. ~o~ ' /Tai Amending Meridian City Code Provisions Regarding Prohibited Sewer Discharge Standards and Grease Interceptor Requirements MEETING NOTES ~,~,~, `~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. /off- /5a(P BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 9-2-2-1(D), RELATING TO PROHIBITED DISCHARGE STANDARDS AND GREASE INTERCEPTOR REQUH2EMENTS; AMENDING MERIDIAN CITY CODE SECTION 9-4-9(D), RELATING TO REGULATIONS FOR USE OF PUBLIC SEWERS AND GREASE, OIL AND SAND INTERCEPTORS; AMENDING MERIDIAN CITY CODE SECTION 10-2-1(B) AND ADDING A NEW SECTION, SECTION 10-2-1(B)(25), REGARDING GREASE INTERCEPTOR REGULATION UNDER THE UNIFORM PLUMBING CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, oil or grease entering the municipal sewer system can overwhehn the system by solidifying or combining with other disposed solids to form blockages in drain pipes, causing an overflow of sewage; WHEREAS, the Environmental Protection Agency has determined that sewer pipe blockages are the leading cause of sewer overflows, and that grease is one of the primary causes of sewer blockages; WHEREAS, for these reasons, the City requires the installation of grease interceptors, plumbing devices designed to intercept grease before it enters the wastewater disposal system, and also requires permitting and periodic inspection; WHEREAS, the City currently requires each business establishment for which a grease interceptor is required to have an interceptor serving only that establishment, but finds that with advanced technology, heightened oversight, and commitment to best management practices, grease interceptors may be installed and efficiently operate to serve two or more establishments; and WHEREAS, the City Council finds that the amendments set forth herein will serve the health, safety, and welfare of the citizens of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 9-2-2-1(D) is hereby amended to read as follows: D. Grease Interceptor Required: Each user for which a grease interceptor is required shall in the discretion of the Superintendent or desienee: 1. Instal] and/or use a crease interceptor which shall serve only that user or 2. Enter into a written aereement or permit with the Citv of Meridian establishin comparable best mana ement practices. GREASE INTERCEPTOR ORDINANCE UPDATE PAGE 1 OP 3 Section 2. That Meridian City Code section 9-4-9(D) is hereby amended to read as follows: 9-4-9: REGULATIONS FOR USE OF PUBLIC SEWERS: The use of the public sewers of the city shall be in accordance with the following regulations: ~*+ D. Grease, Oil And Sand Interceptors: Grease, oil and sand interceptors shall be provided at the owner's expense when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city and shall be located as to be readily and easily accessible ..«' for cleaning and inspection. T~ ~ » 1` '^~°°^°'^~^^ .+°^ ,.n «b.«.,.,«t,._....L.,, it ., s .. _ __ _ _ m~int~innd ha than a ~ r a' ~ r X07 _,1.;,~~ Each user for which an interceptor is required shall in the discretion of the Superintendent or designee• (1) install and/or use a grease interceptor which shall serve only that user or (2) enter into a written agreement or permit with the Citv of Meridian establishing comparable best management practices Section 3. That Meridian City Code section 10-2-1(B) is hereby amended, and a new section, Section 10-2-1(B)(25), is hereby added; to read as follows: B. Additions And Deletions: Provided, however, the below stated additions and deletions to the uniform plumbing code, 2003 edition, are also hereby adopted which additions and deletions, if in conflict with the uniform plumbing code (UPC), shall overrule said UPC; the addition and deletion are stated as follows: *** 25. Appendix H, section H 104.3, shall read: Each business establishment for which a gravity grease interceptor is required shall have an interceptor which shall serve only that establishment or shall, in the discretion of the Wastewater Superintendent or designee enter into a written agreement or Hermit with the City of Meridian establishing comparable best mana ement practices Section 4. That this ordinance shall be effective immediately upon i~ts~pLassage and publication. PASSED by the City Council of the City of Meridian, Idaho, this(` day of ~, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this / day of , 2012. APPROVED: Tammy e eerd C °RATCDA r ATTEST: ?~°4 ~,' IDAHO SGAI, Crty Clerk ~I• iPEA50% GREASE INTERCEPTOR ORDINANCE UPDATE PAGE 2 OF 3 Meridian City Council Meeting DATE: September 4, 2012 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES V l v Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS