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Agmt with Energy Enterprise for Electrical SystemsAIA _y r+ Document A132"- 2009 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition Bid Package No. 20 — Electrical Systems This document has important legal 6061 Corporal Lane 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 information needed for its (In words, indicate day, month and year.) completion. The author may also for the following Project: have revised the text of the original BETWEEN the Owner: AIA standard form. An Additions 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 line in the left margin of this 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 original AIA text. Energy Enterprise Group, LLC This document has important legal 6061 Corporal Lane consequences. Consultation with an Boise, Idaho 83704 attorney is encouraged with respect Telephone Number: 208-322-2334 to its completion or modification. Fax Number: 208-995-8175 This document Is Intended to be used for the following Project: In conjunction with AIA Documents A232Tm-2009, General Conditions of (Name, location and detailed description) the Contract for Construction, Construction Manager as Adviser Meridian Parks & Recreation Maintenance Facility Edition; B132T14-2009, Standard 1700 East Lanark Street Form of Agreement Between Owner Meridian_, Idaho 83642 and Architect, Construction Manager as Adviser Edition; and The Construction Manager: C132T^d-2009, Standard Form of (Name, legal status, address and other information) Agreement Between Owner and Construction Manager as Adviser. Kreizenbeck, LLC DBA Kreizenbeck Constructors, AIA Document A232 TM —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 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 Al 32 TM' —2009 formerly A101TM"CMa —1992). Copyright ®1975, 1980, 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 Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:45:17 on 08128/2012 under Order No.5907428800_1 which expires on 01/1712013, and is not for resale. User Notes: (1366978102) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM ©;7NAJd#EYP 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION li 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 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, permits and equipment to complete work of furnishing installing a complete and operable electrical, as noted in the construction documents and per the following: Division 1— General Requirements Division 26 — Electrical (complete) Section 312000 — Earth Moving** Section 033000 — Cast — In — Place Concrete* Section 061000 — Rough Carpentry** Section 079200 — Joint Sealants* * ** As applicable to this scope of work This contract specifically includes but is not limited to: • Furnish and install complete operational electrical systems in accordance with construction documents. • Provide and install (2) 200 AMP temporary power panels for construction power. Temporary power requirements shall include a minimum of (20)110V and (2) 220V outlets per panel as necessary to facilitate work. Place one panel at building A and the second at building C. Coordinate final panel location with superintendent. • Furnish and install all conduit and outlet boxes for other trades in accordance with the construction documents. • Furnish and install conduit and boxes for card readers (stub conduits up into accessible ceilings). • Furnish and install conduit and boxes for HVAC control systems. Control wiring by HVAC. • Excavation, backfill 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 with rebar and sack finish. AIA Document Al32Im — 2009 formerly A101 TmCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlstribution of this AIA• Document, or any portlon of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under j the law. This document was produced by AIA software at 11:45:17 on 0612612012 under Order No,5907428800 1 which expires on 01117/2013, and is not for resale. User Notes: (1366978102) • Provide and install all light poles and exterior lighting systems and accessories. ■ Connect to residential equipment in accordance with. • Furnish and install access doors as required for this work. Coordinate framed openings with drywall contractor. • Coordinate all work as required with Idaho Power and Quest. • Provide, maintain and remove temporary lighting for 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 construction documents. • Scope of work 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 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 commencement, 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 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 ofcalendar 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. (Table deleted) , subject to adjustments 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 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 ($1,000.00) or 1/4% of the Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Contract Time. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ j Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below AIA Document A132TO —2009 formerly A101 T•CMa —19921. Copyright ® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. resarved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:45:17 on 0812812012 under Order No.5907428800 1 which expires on 01/1712013, and is not for resale. User Notes: (1366978102) ( ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One Hundred Twenty -Six Thousand Six Hundred Fifty -Five Dollars and Zero Cents ($ 126,655.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid 1 $126,655.00 § 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 amount for each and the date when that amount expires.) NIA § 4.2.3 Unit prices, if any: (7dentf and state the unit price, and state the quantity limitations, if arty, 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 Stun, if any: (Identify 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 § 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 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 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 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.) AIA Document Al32Tm — 2009 formerly A101'"'CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Irtrt. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this A10 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:45:17 on 08/28/2012 under Order No.5907428800 1 which expires on 0111712013, and is not for resale. User Notes: (1366978102) 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 of the Cost of the Work. § 4.4 Cost of the Work 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: (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. § 4.4.6 Unit 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 specific 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 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: AIA Document All 32Tm — 2009 formerly Al 01 TmCMa —19921. Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. Atl rights ]nit. reserved. WARNING. This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of $ this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:45:17 on 08/28/2012 under Order No.5907428800 1 which expires on 01/1712013, and is not for resale. User Notes: (1366978102) 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 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 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 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 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 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 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 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), Iess 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: 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 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. AIA Document A132Tm — 2009 formerly A101 TMCMa —19921. Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:45:17 on 08/28/2012 under Order No.5907428800�1 which expires on 01/17/2013, and is not for resale. User Notes: (1366978102) § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 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 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 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 ( %). 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 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 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 A232T'hl 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, 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. AIA Document A132T — 2009 formerly A101 TmCMa —1992). Copyright ®1975, 1980, 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 Treaties. Unauthorized reproduction or distribution of 7 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent poastbte under the law. This document was produced by AIA software at 11:45:17 on 00/28/2012 under Order No.5907428800_1 which expires on 0111712013, and Is not for resale. User Notes: (1366978102) § 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 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 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 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 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 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 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 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 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 Al32TM —2009 formerly A1011mCMa —1992). Copyright ®1975, 1960, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved, WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 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 11:45:17 on 08128/2012 under Order No.5907428800 1 which expires an 01/17/2013, and is not for resale. User Notes: (1366875102) § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not mare 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 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 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. 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 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 § 7.2.1 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 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 Init. AIA Document Al 32 T" —2009 formerly A101 TMCMa —1992). Copyright 01975, 1880, 1892 and 2009 by The American Inslitute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 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 t the law. This document was produced by AIA software at 11:45:17 on 08/28/2012 under Order No.5907428800_1 which expires on 01/1712013, and is not for resale. User Notes: (1366978102) 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 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 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 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 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 § 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 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.) 314 of I% 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) Chad McKibben Energy Enterprise Group, LLC 6061 Corporal Lane Boise, Idaho 83704 Telephone Number: 208-322-2334 Fax Number: 208-995-8175 § 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: AIA Document Al 32711 — 2069 formerly A101 TMCMa —1992). Copyright 01975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 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 11:45:17 on 08/28/2012 under Order No.5907428800_1 which expires on 0111712013, end is not for resale. User Notes: (1366978142) 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 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: Document Title 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.) 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 Al32TM-2009, 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 E202TM 2008, Building Information 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. ALI Document 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 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 AIA Document Al 32T11 — 2009 Vrmerly A101 TMCMa —1992). Copyright ®1975, 1980, 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 Treaties. Unauthorized reproduction or distribution of 1 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 t the law. This document was produced by AIA software at 11:45:17 on 08/2812012 under Order No.5907428800�1 which expires on 0111712013, and is not for resale. User Notes: (1368978102) 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 required to provide 100% Payment and Performance Bonds. (State bonding requirements, if any, and limits of liabilityfor 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 st written above. OWNER (Sig tur CONTRACTOR (Signature) Tammy de Weerd , Mayor (Printed name and title) (Printed name and title) AIA Document A1321"— 2009 Vorrnerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. 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 t the law. This document was produced by AIA software at 11:45:17 on 08/28/2012 under Order No.5907428800_1 which expires on 01/17/2013, and is not for resale. User Notes: (1366978102) 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 7/31/2012 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN - Dated 7/31/2012 A1.0 Site Plan A1.1 Site Details CIVIL - Dated 7/30/2012 C1.0 Cover Sheet 1 Notes C1.1 Topographic & Control Surrey 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 St. C2.4 Roadway Pian & 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 7/31/2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 Landscape Plan L2.1 Landscape Plan L3.0 Landscape Plan (dated 711 812 01 2) L3.1 Irrigation Plan (dated 7/18/2012) L4.0 Irrigation Detaiis (dated 711812012) ARCHITECTURAL - Dated 7/31/2012 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 Reflected Ceiling Plan A4.OA Roof Plan A5.OA Exterior Elevations A6.OA Building Sections Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 1 of 2 A6.1A Wall Sections A6.2A Wall Sections / Details A7.OA Interior Elevations I Details A$.0 Door/Window Schedule & Details A9.0 Details/Energy Compliance S2.OD Foundation / Roof Framing Plan Bid D BLD -- B Roof Framing Plan Bid A S4.0 Structural Details - Foundation A2.OB Floor/Roof Plans A3.OB Exterior Elevations BLD - C MG1.0 A2.00 Floor/Roof Plans A3.00 Exterior Elevations / Sections A3.1 C Wall Sections 1 Details HVAC Plan - Building C M2.0 BLD - D M3.0 HVAC Schedules PLUMBING - Dated 7130/2012 A2.01D Floor/Roof Plans A3.OD Exterior Elevations / Sections STRUCTURAL - Dated 713112012 S1.0 Structural General Notes SIA Special Inspections S2.OA Foundation Plan Bid A S2.OB Foundation Plan Bid B S2.00 Foundation 1 Roof Framing Plan Bid C S2.OD Foundation / Roof Framing Plan Bid D S3.0A Roof Framing Plan Bid A S4.0 Structural Details - Foundation S5.0 Structural Details - Framing MECHANICAL - Dated 713012012 MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance M11,0 HVAC Plan - Main Building M1.1 HVAC Plan - Building C M2.0 HVAC Details 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 713012012 EO.0 Electrical Cover Sheet E0.1 Site Electrical Plan EO.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 Line Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2