Agmt with Lurre Construction for Site Work, Utilities, and Asphalt Paving-" TM
- Document A132 -2009
Standard Form of Agreement Between Owner and Contractor, Construction Manager as
Adviser Edition
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 Al32TM — 2009 formerly A701 TMeMa —1992). Copyright 01975, 1960, 1992 and 2009 by The American InsUtule of Architects. All rights
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
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Bid Package No. 1- Site work, Utilities and Asphalt Paving
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
)rn words, indicate day, month and year.)
completion. The author may also
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.
Lurre Construction; Inc.:;
This document has important legal
3{]6-Badiola Street
consequences. Consultation with an
Caldwell, Idaho 83605 `
attorney is encouraged with respect
Telephone Number: 208-459-8624
to Its completion or modification.
Fax Number: 208-459-9661
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; B132TM-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:
C132TM-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 A2327M-2009 Is
Boise, Idaho 83713
adopted in this document by
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 Al32TM — 2009 formerly A701 TMeMa —1992). Copyright 01975, 1960, 1992 and 2009 by The American InsUtule of Architects. All rights
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
the law. This document was produced by AIA software at 10:06:01 on 08/28/2012 under Order No.5907428800-1 which expires on 0111712013, and is not for
resale,
User Notes: (1265978708)
TABLE OF ARTICLES
r1THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF.CONTRACT DOCUMENTS
10 INSURANCE -AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (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, equipment and permits to complete the Site clearing,
Earthwork, Utilities and Asphalt paving as noted on the construction documents and per the following:
Division 1 —General Requirements -
Section 311000
equirements.Section'31100O-'Site Clearing
Section 312000 — Earth Moving
Section 321216 — Asphalt Paving
Section 321313 — Site Concrete Paving*
Section 331100 — Site Domestic Water Distribution
Section 331300 — Site Sanitary Sewer
Section 334100 -- Storm Drainage & Gravity Irrigation
**As applicable to this scope of work
This contract specifically includes but is not limited to:
• Provide all site demolition and site clearing in accordance with the construction documents. This includes saw cutting,
removal of asphalt, removal of fencing, and removal of vegetation.
• Strip, remove and haul all top soil off site as required in accordance with the construction documents.
• Perform all cut / fill operations and bring site to proper sub grades. Provide, place and compact all structural fill as
needed. Sub grade tolerances shall be as noted in the construction documents (net = 0) and excess materials appropriately
disposed off - site.
• Haul all unsuitable materials off site in accordance with construction documents.
• Maintain, protect and repair existing surfaces and utilities which are to remain.
• Construct building pads to proper sub grade elevations + or - .10 (net =0).
• Provide excavation, trenching and backfill for work within, this work package.
• Provide and install dewatering systems as required to complete work for this work package.
AIA Document A132Ta — 2009 formerly A701 TmCMa —1992). Copyright ® 7975, 119&0, 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 Treatlas. Unauthorised reproduction or distribution of 2
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 10:06:01 on 08128/2012 under Order No.5907428800_1 which expires on 01/17/2013, and is not for
resale.
User Notes: (1265978708)
• Provide excavation and backfill for all site concrete. Include backfill to proper sub grades around all site concrete
including but not limited to sidewalks and trash enclosure.
'Provide and place aggregate base for all site concrete and asphalt paving as indicated by construction documents.
.Aggregate base under concrete shall be + or - .10 (net =0).
• Provide excavation and backfill for all building concrete. This includes the trash enclosure.
• Provide and place aggregate base for all building structures concrete slab on grades as indicated by the construction
documents. Aggregate base under concrete shall be + or -.10 (net = 0).
• Provide imported topsoil, place and rough grade to specified depths. Topsoil to be + or - .10 (nett).
• Construct temporary access pad around building. Pad shall extend 20' from exterior foundation wall around entire
perimeter of building. Access pad shall consist of 12" of 6" minus pit run. Top of 12" section shall be at sub grade
elevations.
• Include repair and grading for all pit run areas exposed over winter prior to landscaping (topsoil placement), asphalt
paving and concrete activities.
• Set storm drains to collect water through winter, raise when storm drains when completing 3/4 grading in spring.
• Provide and place pit run, aggregate base and asphalt paving per construction documents. Provide patching of existing
asphalt as necessary to complete all work noted in this work package.
• Saw cut clean lines for new asphalt edges abutting soft materials.
• Place recycled asphalt per the construction documents. (Recycled asphalt is owner furnished and currently stocked piled
on site).
• °' Provide: final clean,up.of existing recycled asphalt stock pile area. (Native seeding by landscape).
■ Provide -and place all integral curb and gutters and valley gutters as indicated on the construction drawings including
providing and placing 3/4" base gravel under curbs, gutters, valley gutters.
• Provide striping for all asphalt and concrete paving as indicated. Include all painted symbols and stencils.
• Provide and install all exterior post and panel signs. Include excavation, backfill, concrete footings, poles and signs.
• Furnish and install a complete domestic water service line as indicated in the construction documents. Stub water service
line to within 5' of building. This includes, but not limited to, fire hydrants and meter setter assemblies.
• Furnish and install a'complete sanitary sewer system as indicated in the construction documents. Stub sewer line to within
5' of building. This includes the 4" sewer to the Flammable Liquid Interceptor.
• Furnish and install a complete storm drainage system as indicated in the construction documents. This includes roof drain
-inlet catch basins.
• Furnish and installa' complete gravity Irrigation system as indicated by the construction documents. Make all necessary
modifications to existing gravity irrigation and surfaces to complete the installation.
• Coordinate the natural gas line and installation with Intermountain Gas Company.
• Furnish and install all concrete related to utility work in this bid package. This includes concrete collars.
• Provide all Iabor and materials for weather protection as required for this work package.
• Provide and maintain all erosion and control and SWPPP requirements for this scope of work in accordance with the
construction documents. Monitor and maintain until final stabilization is in place. This includes street sweeping and dust
control as it pertains to this scope while on site.
• Contractoi:,to provide all water. require to complete work operations under this work package. Water is not available on
site.
• .Include all applicable permits and fees required to complete work within this work package, including R.O.W. permits.
• Provide traffic control as required for all work within this work package.
• Civil drawing elevations are based upon sea level datum. Architectural and structural drawings are based on finish floor
equal to 100.
• Include a $25,000 allowance in the base bid to be used at the sole discretion of the Construction Manager.
• Provide all survey work required for this work package. Surveyor to be registered in the State of Idaho. Reference
Instructions to bidders book — Construction Facilities and Temporary Controls for survey provided by Construction
Manager.
• 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).
• Provide, install, maintain, and remove (1) additional stabilized construction entrance. Location to be determined by
construction manager.
This contract specifically excludes:
• Site Furnishings
• Under slab vapor barrier and rigid insulation.
•
1500 Gallon Flammable liquid Interceptor and back side piping to build.
• Wash bay curb by others.
• Site Sidewalks.
AIA Document A1921m — 2009 formarly A101 rmCMa —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 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 passible under
! the law. This document was produced by AIA software at 10:06:01 on 08128/2012 under Order No.5907428800 1 which expires on 0111712013, and is not for
resale.
User Notes: (1265978708)
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 differs from the date of this Agreement or, if applicable, state that the date will
be fired 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 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.
I (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
($1,000.00) or 1/4% of the Contract Value (whichever is greater) for each and every calendar day foIIowing the end of
the Contract Time until -Substantial Completion is achieved; provided that the Contractor shall not be liable for
liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the
Contract: Time.
ARTICLE 4'' CONTRACT SUM
§-- X4,1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropriate box.)
[ X l Stipulated Sum, in accordance with Section 4.2 below
[ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance
with Section 4.3 below
[ ]' Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 4.4 below
(Based on the selection above, complete Section 4. 2, 4.3 or 4.4 below. Based on the selection above, also complete
either Section 5.1.4, 5.1.5 or 5.1.6 below.)
§ 4.2 Stipulated Sum
§ 4.2,1 The Stipulated Sum shall be Four Hundred Eighty -Seven Thousand Five Hundred Dollars and Zero Cents ($
487,500.00 ), subject to additions and deletions as provided in the Contract Documents.
Base Bid 1 $487,500.00
AIA Document A132T —2009 rrtormeriy A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA ffi Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4
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 10:06:01 on 08/28/2012 under Order No.5907428800_1 which expires on 0111712013, and is not for
resale.
User Notes: (1265978708)
§ 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:.
(Identify and state the.unitprice, and state the quantity limitations, if any, to which the unitprice will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
§ 4.2.4 Allowances included in the Stipulated Sum, if any:
(Identify allowance and state exclusions, if any, from the allowance price)
Item Allowance
§ 43 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.)
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.
14.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price
§' AJ The Contact 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)
AIA Document A1327" — 2009 formerly A701 "CMa �-1992). Copyright ®1975, 1980, 9992 and 2009 by The American Institute of Architects. All rights
Init.reserved. WARNING: This MAS Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5
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 90:06:01 on 0 8128/2 01 2 under Order No,5907428800_9 which expires on 0111712013, end is not for
resale.
User Notes: (9265978708)
§ 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:
(Identify and state the unit.price, and state the quantity limitations, if any, to which the unitprice will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
§ 4.4.7 Guaranteed Maximum Price
§ 4i4.7.1. -Th e sum: ofthe Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($
); subject to_additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum
:sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the
Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.
(Insert' specific provisions if the Contractor is to participate in 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:
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:
AIA Document Al32T — 2009 formerly A101 TMCMa —1992). Copyright 0 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 6
this AIO 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 10:06:01 on 08128/2012 under Order No.5907428800_1 which expires on 01117/2013, and is not for
resale,
User Notes: (1265978708)
§ 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.
1 51.4 2 -Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the;pertod`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 Sutra 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 f n-ther 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 Xo) 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 of the entire Work, to reduce or limit the retainage resultingfrom the
percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation)
No reduction in retainage will be allowed prior to final completion without written approval of the Owner.
§ MAX A condition will be included forbidding more retainage from a contractor or supplier than retained from their
portion of the Work.
AIA Document A132T"' — 2009 formerly A101 T"'CMa —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 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 possible under
t the law. This document was produced by AIA software at 10:06:01 on 08/28/2012 under Order No.5907428800_1 which expires on 0111712013, and is not For
resale.
User Notes: (1255978708)
§ 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.
§
1.1.5.2 Applications forPayment 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'sFee 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 forPayment as provided in Section 9.5 of AIA Document A232T"i-2009, General
Conditions of the Contract for Construction, Construction Manager as Adviser Edition.
§'51:5 4:The Owners Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for
reviewand 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 All 32TM — 2009 formeriy 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 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
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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 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. 10 of AIA Document A232-2009;
'2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
deliveredand 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 Woi`kbears 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 Subtraa .W6 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.
§ 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.2 Final Payment
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other
requirements, if any, which extend beyond final payment;
.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A,
Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or
without a Guaranteed Maximum payment; and
AIA Document A132TM — 2009 formerly A101 TMCIVIs —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 dlstribution of
this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
the law. This document was produced by AIA software at 10:06:01 on 0812612012 under Order No.5907428800_1 whlch expires on 01/17/2013, and Is not for
resale.
User Notes: (1265978708)
.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: -(Spec)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 Where the Contract Sum is a Stipulated Sum
j.§ 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
§ 7.2.1Subject 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 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
AIA Document A132TM — 2009 Vormerly A101 TmCMa —1992). Copyright ® 3976, 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 portlon 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 10:06:01 on 08/28/2012 under Order No,5907428800 1 which expires on 01!1712013, and is not for
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User Notes: (1265978708)
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
A2322009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections
4:12 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-dud:.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.)
3/4 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 BroadwayAvenue
Meridian, Idaho 83642
§ 8.4 The Contractor's representative:
(Name, address and other information)
Kris Jensen
Lurre Construction, Inc.
306 Badi.ola:Street
Caldwell; Idaho 83605
Telephone -Number: 208-459-8624
: FaxNumber: 208-459-9661
§ 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 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:
AIA Document A132T"' — 2009 formerly A101 TMCMa —1992). Copyright ®1975, 1980. 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AMAX Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlstrlbution of 11
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 10:06:01 on 08/28/2012 under Order No.5907428800_1 which expires on 01/1712013, and is not for
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User Notes: (1265978708)
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;;:
J(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:
Pages
2
Number Date Pages
One 8/10/2012 24
f Two 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 A1A Document A132T"L-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 E202T10-2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:-..:
N/A
Qther documents, if any, listed below:
(Lst.here arty additional documents which are intended to form part of the Contract Documents. AIA
Document A232 2009 provides that bidding requirements such as advertisement or invitation to bice
Instructions to Bidders, sample forms and the Contractor's bid are notpart of the Contract Documents
unless enumerated in this Agreement. They should be listed here only if intended to be part of the
Contract Documents.)
All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental
Instructions -to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the
Contract Documents.
AIA Document A232-2009 General Conditions
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1 l of AIA Document
A232-2009 as modified
Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11
"Insurance and Bonds".
Contractor is required to provide 100% Payment and Performance Bonds.
(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document
A232-2009.)
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 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 10:06:01 on 08/28/2012 under Order No.5907428800_1 which expires on 0111712013, and is not for
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User Notes: (1265978708)
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 (Si re)
Tammy de Weerd , Mayor
(Printed name and title)
(Signature)
(Printed name and title)
AIA Document A132TM — 2009 formerly A101 T'CMa —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 13
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 10:06:01 on 08/28/2012 under Order No.5907428800_1 which expires on 01/17/2013, and is not for
resale.
User Notes: (1265978708)
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 713112012
AO.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 / 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 St.
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 7/31/2012 or as indicated bellow
L1.0
Landscape Cover Sheet
L2.0
Landscape Plan
L2.1
Landscape Plan
L3.0
Landscape Plan (dated 7/1812012)
L3.1
Irrigation Plan (dated 7/18/2012)
L4.0
Irrigation Details (dated 7/18120 1 2)
ARCHITECTURAL - Dated 713112012
BLD - A
A2.OA
Overall Floor Plan
A2.1A
Floor Plan Office 1 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 1 Details
A7.OA
Interior Elevations 1 Details
A13.0
Door/Window Schedule & Details
A9.0
Details/Energy Compliance
S2.01)
Foundation 1 Roof Framing Plan Bid D
BLD - B
Roof Framing Plan Bid A
S4.0
Structural Details -Foundation
A2.013
Floor/Roof Plans
A3.013
Exterior Elevations
BLD -C
E2.0
Lighting Plan - Building A
MG1.0
A2.013
Floor/Roof Plans
A3.00
Exterior Elevations I Sections
A3.1 C
Wall Sections I Details
MVAC Plan - Building C
M2.0
BLD -D
M3.0
HVAC Schedules
A2.OD
Floor/Roof Plans
A3.OD
Exterior Elevations 1 Sections
STRUCTURAL - Dated 7/31/2012
S1.0
Structural General Notes
S1.1
Special Inspections
S2.OA
Foundation Plan Bid A
S2.013
Foundation Plan Bid B
S2.00
Foundation I Roof Framing Plan Bid C
S2.01)
Foundation 1 Roof Framing Plan Bid D
S3.OA
Roof Framing Plan Bid A
S4.0
Structural Details -Foundation
S5.0
Structural Details - Framing
Power Plan - Building A
E1.1
MECHANICAL - Dated 7/30/2012
E2.0
Lighting Plan - Building A
MG1.0
Mechanical Cover
MG1.1
Mechanical Energy Compliance
M1.0
HVAC Plan - Main Building
MIA
MVAC 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
P2.0
Plumbing Details
P3.0
Plumbing Schedules
ELECTRICAL -- Dated 7/3012012
EO.0
Electrical Cover Sheet
EO.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