Standard Form of Agreement with Alpine Construction for Parks Maintenance Facilityd
0-;AIA
Document A132"" _ 2009
Standard Form ofAgreement Between Ownerand Contractor, Construction Manageras
Adviser Edition
Bid Package No. 17 — Pro -Engineered Metal Building
This document is intended to be used
(Name, location and detailed description)
ADDITIONS AND DELETIONS:
AGREEMENT made as of the Twentieth day of September in the year Two 'Thousand
The author of this document has
Twelve
added Information needed for Its
(In words, indicate day, month andyear.)
completion. The author may also
Meridian, Idaho 83642
have revised the Lexi of the original
BETWEEN the Owner:
AIA standard form. An Additions and
(Name, legal status, address and other infotmarion)
Deletions Report that notes added
The Construction Manager;
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 revlewed. A
Meridian, Idaho 83642
vertical line in the left margin of this
11724 West Executive Drive
document Indicates where the author
and the Contractor:
has added necessary information
(Name, legal status, address and other information)
and where the author hes added to or
Alpine Construction, Inc.
deleted from the original AIA text.
PO Box 190025
This document has important legal
Boise, Idaho 83719
consequences. Consultation with an
Telephone Number: 208-323-9525
attorney is encouraged with respect
Fax Number: 208-323-1895
to Its completion or modification.
for the following Project;
This document is intended to be used
(Name, location and detailed description)
in conjunction with AIA Documents
A232T'"-2009, General Conditions of
Meridian Parks & Recreation Maintenance Facility
the Contract for Construction,
Construction Manager as Adviser
1700 East Lanark Street
Edition; 13132TM--2009, Standard
Meridian, Idaho 83642
Form of Agreement Between Owner
and Architect, Construction Manager
as Adviser Edition; and
The Construction Manager;
C132Tr"-2009, Standard Form of
(Name, legal status, address and other information)
Agreement Between Owner and
Construction Manager as Adviser.
Kreizenbeck, LLC DBA Kreizenbeck Constructors,
11724 West Executive Drive
AIA Document A232Tm 2009 Is
Boise, Idaho 83713
adopted in this document by
Telephone Number: (208) 336-9500
reference. not use with other
Fax Nu
Number: (208) 336-7444
( �
d
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.
AEA Document A132T"-2009 tfonnorly A101-CMa 1992), Copyright m 1978, 1980, 1992 and 2009 by The American Institute of Architects, Ail rights
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Lew and International Treatise. Unauthorized reproduction or distribution of
this AIA" Document, or any portion of It, may rasuIt In severe doll and criminal penalties, and wlll be prosecuted to the maximum extent possible under
t the law, This document was produced by AIA software at 11:17.03 on 09/2Q12012 under Order No.6907428800 1 which expires on 01117@013, and is not for
resale.
User Notes: (1097617017)
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
B DISPUTE RESOLUTION
T TERMINATION OR SUSPENSION
B MISCELLANEOUS PROVISIONS
a 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 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 folly 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 design, furnishing and
installation of the Pre -Engineered metal building as noted in the construction documents and per the
following:
Division 1— General Requirements
Section 079200 — Joint sealants**
Section 133419 Metal Building Systems
** As applicable to this scope of work
This contract specifically includes but is not limited to:
• Provide all labor, material and equipment for the installation of the pre-engineered metal building which includes
structural framing, metal roofing, metal wall panels, metal soffit panels, thermal insulation, doors and frames, sectional
door framed openings, and accessories in accordance with the construction documents.
• Provide engineered drawings to Construction Manager and calculations within 15 days of Notice to Proceed.
• 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)
This contract specifically excludes:
• Building excavation and backfill.
+ Concrete foundations and slab on grade.
+ Sectional Overhead Doors
AIA Document A1324°-- 2009 formoriy A101 T" GMP —1982). Copyright O 1975, 1960;1992 and 2409 by The American Institute of Architects. Adi rights
[nit. meervod. WARNING. This AIA Doeunlont is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this A1Am Document, or any portlon of It, may re atilt Inaovero civil and criminal penalties, and will he prosecuted to the maximum extent poselhle under
the law. This document was produced by AIA software at 11:17,03 on 09/2012012 under order No -59074288001 which expires on 01/1712013, and Is not for
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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 diers from the date of this Agreement or, if applicable, state that the date will
he fixed in a notice to proceed)
I 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 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
of commencement, or as follows;
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement, If appropriate, insert requirements for 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.
Portion of the Work Substantial Completion Bate
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if arty, for liquidated damages relating to failure to achieve .Substantial Completion on time or for
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
Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars
($1,000.00) or %,% of the Contract Value (whichever is greater) for each and every calendar day following the end of
the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for
liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the
Contract Time.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropriate box)
[ X ] Stipulated Sum, in accordance with Section 4.2 below
[ ) Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance
with Section 4.3 below
[ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 4.4 below
(Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete
either Section 5.1.4, 5.1.5 or 5.1, 6 below.)
§ 4.2 Stipulated Sum
§ 4.2.1 The Stipulated Sum shall be Seventy -Two Thousand Four Hundred Eleven Dollars and Zero Cents ($
72,411.00 ), subject to additions and deletions as provided in the Contract Documents.
AIA Document Al 32 - 2008 famlerT ._ 6'".._ i'1 0, y _ A_te .......ts
"'r y A101 "'CHIS -18921. Copyright ®t975, 19E)6, 1&82 and 2009 by The American Institute of ArchEtects. All rights
reserved. WARNING: This AIA Document Is protected by U.5, Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA ' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to tho maxlmum extent pas sibla under
t the law. This document was produced by AlA software at 11:17:03 an 08/2012012 under order No,590742880d 1 which expires on 0111712013, and is not for
resale.
User Nates: (1097517017)
Ease Bid 1 $72,411,00
§ 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 or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amountfor each and the date when that amount expires)
NIA
§ 4.2.3 Unit prices, if any:
(Identify and state the unit price, and state the quantity limitations, if any, to which the unit price 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, lfany, 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 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 lamp sum, percentage of Cost of the Work or other provision for determining the Contractor Is 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 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 ( °1°) 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 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.] of
Exhibit A, Determination of the Cost of the Work.
§ 4.4 Cost of the Work Plus Contractor's l=ee 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:
lnit. AIA Document A132TO - 2009 VTnert A101 T" CMa- 1992 . Ca ....
Y l PSm9h1 G� 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
thle RIA® Document, or any portion or It, may result in severe civil and criminal penaltles, and will be prosecuted to the maximum extent possible under
t the law. This document was produced by AIA software at 11:17:03 on 0912012012 under Order No.5907426800_1 which expires on 0111712013, and is not for
resale.
User Notes. (1097617017)
(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 of its portion of the 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.
§ 4.4.8 [snit Prices, if any:
(Idents and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable)
Item Units and Limitations Price per Unit ($0.00)
§ 4.4.7 Guaranteed Maximum Price
§ 4.4.7.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($
}, 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 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 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:
(Identify andstate the amounts of airy allowances, andslate 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 tate 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
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 A1321'-2009 iormetly A10iTMCMa-1992). Copyright O 1975, 1980. 1992 and 2009 by Tho American Institute of Architects. AN rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. unauthorized reproductlon or distribution of
this Ale Document, or any portion of It, may result In severe civil and criminal pen allies, and will be prosecuted to the maximum extent possible undor
t the law. This document was produced by AIA software at i1;17t03 on 09120/2012 under Order No.5907428800 i which expires on 0111712013, and Is not for
resale.
Usor Notea: (1097617017)
§ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the
Twenty-fifth day of 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 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 oftime.)
§ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum
§ 5.1.41 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 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 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 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 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 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 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 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 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, if final completion of the Work is thereafter materially delayed through no fault of the Contractor,
any additional amounts payable in accordance with Section 9.10.3 of the General Conditions, as
modified.
§ 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion ofthe entire Work, to reduce or limit the retainage resultingfrom the
percentages Inserted in Sections 5.1.4.3.1 and 5.1,4.31 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 their
portion of the Work.
Inti. AIA Document A132"u 2009 tformeriy A101ImCMa �-1992). Copyright m 1975,1980, 1992 and 2009 by The American Institute of Architects. Ail rights
reserved. WARNING: This AIA' Document Is protected by U -S. Copyright Law and International Treatles. Unauthorized reproduction or distribution of
this AIA' Document, or any portion of It, may result In severe civil and criminal panaltlea, and will be prosecuted to the maximum extent possible under
t the law. This document was produced by AIA software at 11:17:03 on 09/20/2012 under Order No.5907428800„ 1 which expires on 01M712013, and is not for
resale.
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§ 6,1.5 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 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 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 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 ( e/o). 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 sutra, 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 -perforins;
.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 Document A232Thl2049, 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, 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; 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.
§ 5.1.5.6 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 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 (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 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
AIA Document A1327"1— 2089formerly A101TMQMa —1992). Copyright Q 1975, 1980, 1992 and 2009 by The American Institute of Architects, All rights
trait. reserved, WARNING: This AIA � Document is protected by U.S. Copyright Law and international Traatles. Unauthorized reproduction or distribution of
this Al a Document, or any portion of it, may result In severe civil and criminal penaltle% and will he prosecuted to the maximum extent possible ander
the law. This document was producad by AfA software at 11;17;03 on 09/20/2012 under order No.5907428800 1 which expires on 0111712013, and is not for
resale.
User Notes: (1097617017)
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 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 oft 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 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.
§ 516.4 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 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 provided in Section 7.3.14 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 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 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 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 Construction Manager or Architect have withheld or nullified a
Certificate for Payment as provided in Section 9.5 of AIA Document A232-2009.
§ 5.1.6.5 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.
§ 5.1.6.6 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 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.
§ 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 112 of AIA Document A232 x2009 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
AIA Document A132T"— 2009 Vormerly A701 "'Cella —1992). Copyright m 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights
lhlt. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of
this Me Document, or any portion of It, may result In aovare civil and criminal penalties, and will be prosecuted to the maximum extent possible ender
the law. This document wits produced by AIA software at 11:17:03 on 09/2012012 tender Order No.5907428800 1 which expires on 0171712013, and is not for
resale.
User Notes: (1097617017)
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 (I) 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 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 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. Ifthe Chmer 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. (Spec6)
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 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
§ 7.2.9 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 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 Subtract the aggregate of previous payments made by the Owner.
§ 7.2.3 Ifthe 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 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 by the Contractor that the Owner elects to retain and that is not otherwise included in
the Cost oftbe 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
ATA booument A132T A132-2009 formoriy A101 T"GNia —19821. Copyright 6d 1975, 1980,1992 and 2009 by The American institute of Architecis. All rights
[nit. rsaervod. WARNING: This AMP Is protected by U.S. Copyright Low and international Treaties, Unauthorized reproduction or distribution of
this Aie Document, or any portion of it, may roault In oovere civil and criminal penaltioa, and will ho proaeculed to the maximum extent possible under
t the law. This document was produced by AIA software at 11:17;03 on 09/20/2012 under order No.5907428800 1 which expires on 01!1712013, and Is not for
resale.
User Notes: (1087817017)
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 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 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 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 arty.)
314 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 East Broadway Avenue
Meridian, Idaho 83642
§ 8.4 The Contractor's representative:
(Name, address and other information)
Michael R. Salyer
PO Box 190025
Boise, Idaho 83719
Telephone Number: 208-323-9525
Fax Number: 208-323-1895
§ 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, are enumerated in
the sections below,
§ 9.1.1 The Agreement is this executed AIA Document At 32-•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.
§ 9.1.3 The Supplementary and other Conditions of the Contract:
AIA Document A132T° — 2009 fomterly A101 r"CMa —1892). Copyrights+ 1975,1800,1992 and 2009 by The American Institute of Architects. All rights
[nit reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treatise, Unauthorized reproduction or distribution of 10
this AIA` Document, or any portion off(, may result in cavere civil and criminal penaitisa, and will be prosecuted to the maximum extent possible under
t the law, This document was produced by RIA software at 11:17:03 on 09/2012012 under Order No.6907428600 1 which expires on 0111712013, and 's not for
resale.
User Note$: (1097617017)
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 this Agreement.)
Contract Document Schedule, Exhibit A, dated August 23, 2012
(Table deleted)
§ 9.1.5 The Drawings:
(Either hyl 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
Bate Pages
8/10/2012 24
8/17/2012 432
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 Al 32T111-2009, Exhibit A, Determination of the Cast of the Work, if applicable.
.2 ATA Document E201TM 2007, Digital Data Protocol Exhibit, if completed, or the following:
NIA
.3 ATA Document E202rm ,2008, Building information Modeling Protocol Exhibit, if completed, or the
following:
NIA
.4 Other documents, if any, listed below:
(List here arty additional documents which are intended to form part of the Contract Documents. AL4
Document X4232 2009 provides that bidding requirements such as advertisement or invitation to bird
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 part of the
Contract Documents)
All binding docurnents 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.
ALA 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 I 1 of AIA Document
A232-2009 as modified
Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article I 1
„Insurance 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 I I ofAL4 Document
A232-2009.)
InIL AIA Document A132m —2009 tMrmeriy AIIOA T"CI4la —199x). Copyright m 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved, WARNING: This AEA Document I9 protected by U.S. Copyright Law and International Treallos, unauthorized reproduction or distribution of
this AIA/' Document, or any porllon of It, may result In sovere civil and criminal penalties, and will be prosecuted to the maximum extent possible under
i tho law. This document was produced by AIA software at 11;17.03 on 0 912 012 01 2 under Order No.5907428800_1 which expires on 0111712013, and is nottor
resale.
User Notes: (1097617017)
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 (Signat
Tammy de Weerd , Mayor
(Printed name and title)
CONTRACTOR (Si ature)
Michael R Salyer
(Printed name and title)
AIA Document A132TM —2009 formerly A101 TMCMa —1992). Copyright ® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
the law. This document was produced by AIA software at 11:17:03 on 09/20/2012 under Order No.5907428800_1 which expires on 01/17/2013, and is not for
resale.
User Notes: (1097617017)
CONTRACT DOCUMENT SCHEDULE (EXHIBIT A)
Meridian Parks & Recreation Maintenance Facility
1704 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 70L2012
AO.1 Cover Sheet
ARCHITECTURAL SITE PLAN --_mated 713112012
A1.0 Site Plan A1.1 Site Details
CIVIL. - Dated 713012012
C1.0
Cover Sheet / Notes
C1.1
Topographic & Control Survey
C2.0
Grading & Drainage Plan - Overall
C2.1
Grading & Drainage Plan - Area 1
C2.2
Grading & Drainage Plan - Area 2
C2.3
Roadway Plan & Profile - E. Lanark 5t.
C2.4
Roadway Plan & Profile - E. Nola Rd.
C3.0
Site utility Plan
C3.1
Sewer Plan & Profile
C3.2
Gravity Irrigation Plan & Profile
C4.0
Site & Grading Details
C4.1
Site, Drainage, and Irrigation Details
C4.2
Irrigation Details
C4.3
City of Meridian Standard Details - 1
C4.4
City of Meridian Standard Details - 2
C5.0
Stormwater Pollution Prevention Plan -1
C5.1
Stormwater Pollution Prevention Plan - 2
LANDSCAPE -- Dated 7131/2012 or as indicated below
L7.0
Landscape Cover Sheet
1-2.0
Landscape Flan
L2.1
Landscape Plan
1-3.0
landscape Plan (dated 711812012)
L3.1
Irrigation Plan (dated 7/18/2012)
L4.0
Irrigation Details (dated 711812012)
ARCHITECTURAL
- Dated 713112012.
BLD -A
A2.OA
Overall Floor Plan
A2.1A
Floor Plan Office / Shop A
A2.2A
Floor Plan Shop B & C
A2.3A
Floor Plan Shop D
A3.OA
Reelected Ceiling Plan
A4.OA
Roof Plan
A5.OA
Exterior Elevations
A6.OA
Building Sections
Meridian Parks & Recreation Maintenance Facility August 23, 2012
Page 7 of 2
A6.1A
Wall Sections
A6.2A
Wall Sections I Details
A7.OA
Interior Elevations I Details
A8.0
DoorNVindow Schedule & Details
A9.0
Details/Energy Compliance
82.01)
Foundation 1 Roof Framing Plan Bid D
BLD - B
Roof Framing Plan Bid A
S4.0
Structural Details - Foundation
A2.0B
Floor/Roof Plans
A3.OB
Exterior Elevations
BLD -C
MG1.0
A2.0C
Floor/Roof Plans
A3.00
Exterior Elevations / Sections
A3.1C
Wall Sections / Details
HVAC Plan - Building C
M2.0
BLD -- D
M3.0
HVAC Schedules
PLUMBING - Dated 7/30/2012
A2.0D
Floor/Roof Plans
A3.OD
Exterior Elevations f Sections
STRUCTURAL --Dated 713112012
S1.0
Structural General Notes
S1.1
Special Inspections
82.OA
Foundation Plan Bid A
S2.0B
Foundation Plan Bid B
82.0C
Foundation I Roof Framing Plan Bid C
82.01)
Foundation 1 Roof Framing Plan Bid D
S3.0A
Roof Framing Plan Bid A
S4.0
Structural Details - Foundation
$5.0
Structural Details - Framing
MECHANICAL -_Dated„7/30/2012
MG1.0
Mechanical Cover
MG1.1
Mechanical E=nergy Compliance
M1.0
MVAC 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
ELECTIR
-. /30/2012
ADated7
,,..,._
EO,0
Electrical Cover Sheet
EO.1
Site Electrical Plan
EO.2
Electrical Roof Plan
{;1.0
Power Plan - Building A
ElA
Power Plans - Building B, C, & D
E10
Lighting Plan - Building A
E2.1
Lighting Pians - Building 13, 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