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Notice of Award No Fault Indust NOTICE OF AWARD TO: No Fault Industries, Inc. 15556 Perkins Road Baton Rouge, LA 70810 DATE: 9/22/2004 PROJECT DESCRIPTION: MERIDIAN SETILER'S P ARKIADVENTURE ISLAND PLAYGROUND POUR-IN-PLACE SURFACE SYSTEM. The OWNER has considered the Bid submitted by you and for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for (description): INSTALL A BONDED SEAMLESS RUBBER PARTICLE SURFACE SYSTEM AND ACCESSORIES PER DRAWINGS AND SPECIFICATIONS. INCLUDING BASE BID AND ALTERNATE I. In the amount of: Ei¡zhtv-Six Thousand. Ei!!htv-Five Dollars and Zero Cents. Dollars ($86.085.00). You are required to full execute the Agreement and furnish the required Contractor's Performance bond, Payment Bond and Certificates ofInsurance within five (5) calendar days from the date of the notice to you, that is by September 24, 2004. If you fail to execute said Agreement and to furnish said bonds and certificates of insurance within five (5) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out ofthe OWNER's acceptance of your Bid as abandoned and as a forfeiture of your bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: ATTEST: \\\1 \ \ \I""" ~ 11111111 ,\,\\ -I OF MéRl/' IIIII kJt " .:\ v~ II -:;,' à 'jPf\PÜF/,. ~ '1- '\ By: ~ '" <> ~ Name: WILLIAM BER~ " Title: CITY CLERK ~ - ~~~ Title: MAY R Approved by City Council: q. 2.1 -Ct Meridian Settler's Park Adven1nre Island Playground Pour-In-Place Surface System 9/04 ACCEPTANCE OF NOTICE OF AWARD Receipt of the NOTICE OF AWARD is hereby acknowledged by: No Fault Industries. Inc., this J.7~ day of September, 2004. CONTRACTOR BY:~ t.~Q.~ q/Tht-bI-f Name: ON Ä-L..l% 'D. M A-L\ c:.... Title: t~\Pl9JT Meridian Settler's Park Adven1nre Island Playground Pour-In-Place Surface System 9104 NOTICE TO PROCEED TO: No Fault Industries, Inc. 15556 Perkins Road Baton Rouge, LA 70810 DATE: 9/22/04 PROJECT: MERIDIAN SETILER'S PARK! ADVENTURE ISLAND PLA YGROVND POUR- IN-PLACE SVRFACE SYSTEM DESCRIPTION: You are hereby notified that the Contract Time for the construction of the above project will commence to run on the 29th day of September, 2004. OWNER: ATTEST: CITY OF MERIDIAN By: By: Name: Tammv De Weerd Name: WILLIAM BERG Title: MAYOR Title: CITY CLERK Meridian Settler's Park Adven1nre Island Playground Pour-In-Place Surface System 9/04 - AIÄ Document A10fM -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STiPULA TED SUM I AGREEMENT made as of the Twenty-ninth day of September in the year of Two Thousand and Four (In words, indicate day. month and year) BETWEEN the Owner: (Name, address and other information) The Project is: (Name'and location) ADDITIONS AND DELETIONS: The author of this document has added information needed for its complelion. The author may also have revised the text of the original AlA standard form. An Addifions and Deletions Report that notes added information as well as revisions to the standard form lext is available from Ihe author and should be reviewed. A vertical line in the left margin 01 Ihis document indicales where the author has added necessary information and where the author has added 10 or deleled from the original AlA text. This document has important legal consequences. Consullation with an attorney is encouraged with respect to its comptetion or modification. I City of Meridian 33E. Idaho Meridian, Idaho 83642 and the Contractor: (Name, address and other information) I No. Fault Industri.es, Inc.. 15556 Perkins Road Baton Rouge, LA 70810' I Meridian Settler's Park-. Adventure Island Playground The Architect is: (Name, address and other information) I The Land Group, Inc. 462 E. Shore Drive, Suite 100 Eag1e, Idaho 83616 AlA Documenl A2D1-1997. General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this documenl is modified. I The Owner and Contrac(or agree as follows. This document has been approved and endorsed by The Associated General Contractors of America. AIADccumentA101"'-1997.Copyrlght @1915, 19ta. t925, 1937, 195t, t958, 1961, 1963, t967, 1974, 1977, t980, 1987, t991 and 1997 by The American Institute of Architects. All rights reserved. WARNING, Thle AJA" Document Is protected by U.S. Copyright Law and International Treaties. UnauthorIzed reproduction or distrIbution 01 this AlA" Documenl, or any portion of It, may rasult In severe "vii and criminal penalties, and will be prosecuted to the maximum extent poeslbte under the taw. This document was produced by AlA software at 09,1 4,24 on 09/2212004 under Order No.1O00l03736_' which e'pires on 31712005, and Is not lor resale. User Notes' (34353a'25') ARTICLE 1 THE CONTRACT DOCUMENTS "I!MdlWlU\-t W'i'kreto, ¥ The Contr""t Documents consist of this Agreement, Conditions of the Contract"(General, Supplementary and other Cönditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these 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 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contr""t Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE3 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 madefor the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement ifit differs from the date ~fthis Agreement or, if applicable, state that the date will befued in a notice to proceed.) I September 29, 2004 If, prior to the. commencement of the Work, the Ownerrequires time 10 file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: I N/A § 3,2 The Contract Time shall be measured from the date of commencement. I § 3.3 The Contractor. Sh. all achieve Substantial Completion of the entire Work not later than 30 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.. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion a/Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus paymentsjor early completion of the Work.) 3.3.1 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph Contract Times above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving in a legal or other dispute resolution proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any suc proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred fifty dollars and zero cents ($150.00) for each day that expires after the time specified in paragraph Contract Times above for Substantial Completion until the Work is substantially complete. 3:3.2 After Substantial Completion, if CONTRACTOR neglects, refuses, or fails to complete the remaining Work within the Contr""t Times or any property OWNER granted extensions thereof, CONTRACTOR shall pay OWNER one hundred fifty dollars and zero cents ($150.00) for each day that expires after the time specified in paragraph Contract Times above for completion and readiness for final payment. AlA Document AtOlm -1997. Copyright @1915. 191B, 1925, 1937, 1951, 195B. 1961, 1963, 1967. 1974, 1977, 19BO, 19B7. 1991 aod 1997 by The American Inslitule of Archllects. All rIghts reserved. WARNING, This AlA' Document Is protected by U.S. Copyright Lew and Inlernatlonal Treaties. UnauthorIzed reproduction or dIstrIbution 01 Ihls AlA" Documenl, or eny portion of It, may result In severe clvlt and ,,'m'nal penaltIes, and wIll be proseeu"d to Ihe maximum exlent posslbte under the lew. This document was p"duced by AlA soltware al 09",,2' on 0912212004 under Order No.1000103736_' which e'plres on 317/2005. and Is nol lor resele. User Noles: (34353BB25B) 2 I 3.3.3. OWNER shall recover such liquidated damages by deducting the amount owed from the final payment or any retainage held by OWNER. ARTICLE 4 CONTRACT SUM I § 4,1 Th. e Owner shall pay the Contractor the Contract Sum in current funds for the .contractor's performance of the Contract. The Contract Sum shall be Eighty-six Thousand Eighty-five Dollars and Zero Cents ($ 86,085.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the fonowing altemates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to. the execution of this Agreement. attach a schedule of such other alternates showing the {¡mountfor each and the date when that amount expires} § 4.3 Unit prices, ifany, are as follows: Description Graphic Symbols Units Price ($ 0,00) $7,090.00 ARTICLE5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shan 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 shan be one calendar month ending on the last day of the month, or as fonows: I §5.1.3Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment to the Contractor not later than the Sixteenth day of the same month. If an APPI.ication for Payment is received by the Architect after the application date fixed above, payment shan be made by the Owner not later than Forty-five ( 45 ) days after the Architect receives the Application for Payment. §5.1.4 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. The schedule of values shan be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shan indicate the percentage ofcompletiou of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress paymeut shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage comp1etion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the 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 clispute shall be included as provided in Section 7.3.8 of AlA Document A201-l997; AlA Document A10,N -'997. Capyrlghl @1915, 191B, 1925, 1937, 1951, 1958. 1961. 1963, 1967. 1974, 1977, 1980, 19B7, 1991 and 1997 byThe American Institute of Architects. All rights reserved. WARNING, This AlA' Document Is protected by U.S. Copyright Law and Intematlonal neatles. Unauthorl'ed reproduction or distribution 01 this AlA. Document, or any portion 01 II, may re,"1t In se_e civil end criminal penalties, and will be prosecuted to the maximum extent possibte under the low. This document was produced by AlA software at 09,14,24 on 09/22/2004 under Order No.tOO0103736 'which e'pires on 3/712005. and is naif" resale. User Note" - (34353BB25B) 3 I .2 .3 .4 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), iess retainage of Five percent ( 5.00%); Subtract the aggregate of previous payments made by the Owner; and Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provi4ed in Section 9.5 of AlA Document A20i-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (S~ction 9.8.5 of AlA Document A20I-I997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any,) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractöri any additional amounts payable in accordance with Section 9.]0.3 of AlA Document A201-1997. §5.1.8 Reduction or limitation ofretainage, 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 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5,1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials nr 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 12.2.2 of AlA Document A201-l997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shaH be made no later than 30 days after the issuance of the ArcMect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article ]4 of AlA Document A201-]997. § 6.2 The Work maybe suspended by the Owner as provided in Article 14 of AlA Docnment A201-1997. AtA Document A101m -1997. Copyright @ 1915, 191B, 1925, 1937, 1951, 195B, 19B1, 1963, 1967, 1974, 1977, 19BO. 19B7, 1991 and 1997 by The American tnstitule of Arch;¡,d~ Alt right. reserved. WARNING: Thl. AlA' Documenlls protecled by u.S. Copyright Law and tnt.matlonal Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion 0' II, may ra.ult In "vere civil end criminal peneltles, and will be p",s",uted to the maximum exlen! po"'bla under ',,"law. ms document was produced by AlA so"ware at 09:14:24 on 09/22/2004 under Ordor No.l000'03736_' which ",piras on 3/7/2005, and is notforrasale. U"r Notea: (34353BB25B) 4 ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and. also. regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name. address and other information) I Doug Strong 33 E. Idaho Meridian, Idaho 83642 §.7.4 The Contractor's representative is: (Name, address and other information) I Jennifer Smith 15556 Perkins Road Baton Rouge, LA 70810 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Otherprovisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AlA Documeot AIOI-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A201-1997. I §8.1.3The Supplemeutary and other Conditions of the Contract are those contained in the Project Manual dated August, 2004 , and are as follows Document General Requirements- Division 01 Title Contract Forms Pages AlAOccumentA101"'-1997.Copyrlght @19f5, f918, 1925, t937.1951, 1959, 19G1, 19G3, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Ins';'ute of Archltecls. All rlghte reserved. WARNING: This AlA" Document Is prolected by U.S. Copyrl9ht Law and Internatlon,1 Treaties. Un,uthorlzed reproduction or dIstribution 01 Ihls AlA. Documenl, or any portion otlt, may result In severe civil ,nd orlmlnst psnaltles, and wilt be proseouted 10 the maximum ..tent possible under the law. This documan! was produced by AlA "ftwsre al 09:14:'4 00 09/2212004 ""der Order No.'000103736_' which expires 00 3/712005, and Is nottor ressle. User Notes: (343538825') 5 § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Project Manual Specificatious Title Meridian Settler's Park- Adveuture Is1and Playground Meridian Settler's Park- Adventure Island Playground Pages August, 2004 August, 2004 I §'8.1.5 The Drawiugs are as follows, and are dated August 01, 2004 unless a differeut date is showu be10w: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Number Working Drawings Title Meridian Settler's Park- Adveuture Island Playground Date 8/2004 §8.1.6 The Addenda, if any. are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents uuless the bidding requirements are also euumerated in this Article 8, § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here, any additional documents that are intended to form part of the Contract Documents. AlA Document A20I- I997provides 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.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the ~~,~~~. OWNER 'gnature) I' Doug Strong, Parks Director : (Printed name and title) ~fÀJ.~~O:i ONTRACTOR (Signature) Ii þßjot .frn"if., ~",it¡', Vieern,ie\=t OMiI<', n.mo<llK. (Printed name and title) P""'iden-t IUA Document A101""-1997. Copyright @1915, 1918, 1925. 1937, 1951, 1958, 1981, 1983, 1987, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architecls. All rights reserved. WARNING: This AIA@ Document ts protected by U.S. Copyright Law and Internalional Treaties. UnauthO>'lzed reproduction or dlstrlbullon 01 Ihls AlA. Document, or any portion 01 It, msy resutl In ,evere civil and criminal penalties, and will be proeecuted 10 the moxlmum extenl po,,'b'e under lhe law. This document was produced by AlA soHw"e at 09:14:24 on 09/22/20O4 under Ord" No.l000103736_' which e'p"es on 317/2005, and is notlonesale. User Notes: (3435388258) 6 Additions and Deletions Report for " TM AlA Document A101 -1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added 10 the standard form AlA document in order to complete it, as well as any text the author may have added 10 or deleted from the original AlA text. Added text is shown underlined. Deieled text is indicated with a horizonfalline through the original AlA text. Note: This Additions and Deletions Report is provided for informalion purposes oniy and is not incorporaled into or constitute any part of the associaled AlA document. This Additions and Deletions Report ard its associated documenl were generated simuitaneously by AiA software at 09:14:24 on 0912212004. PAGE 1 AGREEMENT made as of Ihe Twentv-ninth day of SeDtember in the year of Two Thousand and Four City of Merìdian 33 E. Idaho Meridian; Idaho 83642 No Fault Industries Inc. 15556 Perkins Road Baton Rouge. LA 70810 Meridian Settler's Park - Adventure Island Plavground The Land GrouD Inc. 462 E. Shore Drive. SuIte 100 Eagle. Idaho 83616 The Owner and Contractor agree as follows. PAGE2 SeDtember 29 2004 N/A § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than :ill days from the date of commencement, or as follows: 3.3.1 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not comDleted within the times sDecified in DaragraDh Contract Times above. Dlus anvextensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays. eXDense and difficulties involved in Droving in a legal or other disDute resolution proceeding the actual loss suffered by OWNER if the Work is not comDleted on time. Accordingly. instead of reQuiring anv sue proof. OWNER and CONTRACTOR agree that as liQuidated damages for delav (but not as a penaltv) CONTRACTOR shall Dav OWNER one hundred fiftv dollars and zero cents ($150.001 for each day that exnires after the time sDecified in DaragraDh Contract Times above for Substantial ComDletion until the Work is substantiallv comDlete. Additions and Delstions Reporttor AlA Document A101'" -1997. Copyright @ '9'5, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 19aD, 19a7, 1991 and 1997 by The Americeo '"stitute 01 Architects. All rl9hle reserved. WARNING: This AlA' Document Is protected by U.S. Copyright Low e"d I"tematlonal Treaties. Una,thorl..d reprod'ctIO" or dlstrlb,tlo" of Ihla AlA" Documa", or a"y portion of It, may resullin severe civil a"d criminal penalties, and will be prose.,,'ad to the maxlm,m extent posslbla u"der Ihe lew. Thi, document was produced by AlA ,ollware at 09:14:24 0" 09/22/2004 ucdarOrder No.100010373U which expires 0" 3/712005, a"d is "ottor resale. User Notes: (343538825a) 3.3.2 After Substantial Comoletion. if CONTRACTOR neglects. refuses or fails to comolete the remaining Work within the Contract Times or any nrooertv OWNER granted extensions thereof CONTRACTOR shall oav OWNER one hundred fiftv dollars and zero cents ($150.001 for each dav that exoires after the time soecified in oaralITaoh Contract Times above for comoletion and readiness for [mal oavment. PAGE 3 3.3.3 OWNER shall recover such liquidated damages bv deducting the amount owed from the final oayment or any retain..e held by OWNER. §4,1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Eightv-six Thousand Eightv-five Dollars and Zero Cents ($ 86 085.00), subject to additions and deductions as provided in the Contract Documents. Graohic Symbols $7090.00 § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the OWner shall make payment to the Contractor not later than the Sixteenth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Fortv-five ( ~ ) days after the Architect receives the Application for Payment. .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 Contract Sum allocated to that portion of the Work in the schedule ofvalues, less retainage of Five oercent ( 5.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AlA Document A201-1997; PAGE 4 .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and snitably stored at the site for subsequent incorporation in the completed construction (or, if approved in edvance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five oercent ( 5.00%); PAGE 5 ) ner annum Doug Strong 33 E. Idaho Meridian Idaho 83642 Jennifer Smith 15556 Perkins Road Baton Rouge. LA 70810 § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August, 2004 . and are as follows General Requirements- Division 01 Contract Forms AddlUons ond OeloUons Repo~ for AlA Document AIDI'" -1997. Ccpyrlght @1915. 191B, 1925, 1937, 1951. 195B. 1961. 1963, 1967. 1974. 1977, 19BO, 19B7, 1991 aod 1997 byThe Amorlcon Institute cf ArcMocts. All rights rosorved. WARNING: This AlA" Dccumentls pmlected by U.S. Copyright Low and International T..otlos. Unauthorized reproduction or dls,,'butlon of this AlA" Documont, or ony portion of It, may result In sovo.. civil and crlmlnol ponoltles, ond will be prosocutod to Ihe moxlmum oxtent posslblo under the law, This documont was produced by AlA software at 09:":24 on 09/22/2004 underOrdor No.1000103736_' which expires on 31712005. and is not for resale. User Notes: (3435388258) 2 PAGE 6 Proiect Manual Meridian Settler's Park- Adventure Islaud PlavlITOund Au.ust.2004 Soecifications Meridian Settler's Park- Adventure Island Plavground Angust. 2004 §8.1.5 The Drawings are as follows, and are dated August 01 2004 unless a different date is shown below: Working Drawings Meridian Settler', Park- Adventure Island Plavaroond 8/2004 Dou. Slrong. Parks Director Jennifer Smith Vice President Additions and Dotetlons Report for AtA Documont A101"" -1997. Ccpyrlght @ 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1967. 1974, 1977, 1980,1987,1991 o"d 1997 by The Amorico" '"slilule of A",hltocts. All rlghtsreservod. WARNING, Thts AlA' Documentls protected by U.S. Copydghl Low o"d International Treotles. Unaulho<lzed reproduction or dlstrlbutl'" of this AlA' Documoot, or any portio" of it, may resuilin severe civil and criminal penatlios, snd will bo prosocutod 10 tho maximum exto"1 possible under the law, This documootwas produced by AlA sollwaro 01 09,14'24 '" 09/22/2004 u"dor Order No.'000'03736_' which expkes '" 317/2005. aod is 001 lor resate. User Notos: (3435388258) 3 Certification of Document's Authenticity AIA@ Döcument D401TM - 2003 I; David Koga, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:14:24 on 09/22/2004 under Order No. 1000103736_1 from AlA Contract Documents software and that in preparing the attached final documentImade no changes to the original text of AIA@DocumentAlO[TM- 1997 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM, as published by the AlA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) AlA Document D401m - 2003. Copyrlght@1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING. This AlA" Documenl Is protected by U.S. Copyright Law and Internatlo...1 Treaties. Unauthorized reploductlon or distribution of this AlA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be proseeuled to the maximum extent possible under the law. This document was produced by AlA software at 09:14:24 on 09/2V2004 under Order No.1000103736_' which expires on 317/2005, and is notfor resale. User Notes: (34353SS258)