Standard Form of Agreement with Energy Enterprise for Electrical Systems9
=_=AlA Document A132rN - 2009
Standard Form ofAgreement Between Owner and Contractor, Construction Manager as
Adviser Edition
Bid Package Na. 20 -Electrical Systems
AGREEMENT made as of the Twenty-Forth day of August in the year Two Thousand
Twelve
(fn words, indicate day, month and year.)
BETWEEN the Owner;
(Name, legal status, address and other information)
City of Meridian
33 East Broadway Avenue
Meridian, Idaho 83642
and the Contractor:
(Name, legal status, address and other information)
Energy Enterprise Group, LLC
.6061 Corporal Lane
Boise, Idaho 83704
Telephone Number: 208-322-2334
Fax Number: 208-995-8175
for the following Project:
(Name, location and detailed description)
Meridian Parks & Recreation Maintenance Facility
1700 East LanarkStreet
Meridian, Idaho 83642
The Construction Manager:
(Name, legal status, address and other information)
Kzeizenbeck, LLC DBA Kreizenbeck Constructors,
11724 West Executive Drive
Boise, Idaho 83713
Telephone Number: (208) 336-9500
Fax Number: (208) 336-7444
TheArchitect:
(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.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviewed. A
vertical line in the left margin of this
document Indicates where the author
has added necessary information
and where the author has added to or
deleted from the odginal AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
This document Is Intentled to be used
In coniundion with AIA Documents
A232T"'-2009, General Conditions of
the Contract for Constructlon,
Consuuction Manager as Adviser
Edition; B132TM-2009, Standard
Farm of Agreement Between Owner
and Architect, Constructlon Manager
as Adviser Edition; and
C132^^-2009, Standard Form of
Agreement Between Owner and
Constructlon Manager as Adviser.
AIA Document A232Te-2009 is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.
AIA Document A732T" - 2009 formerly A701T"CMa- 7992). Copyright ®1975, 1980, 1992 antl 2009 by The American Institute of Architects. All dghts
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law antl International Treaties. Unauthorizad reproducllon ar distdbullon of
this AIA® Document, or any portion of a, may result In severe clvll and criminal penalties, and will be prosecuted to the maximum extent possl6le under
t the law. This document was produced by AIA software at 71:45:17 on 06/28/2012 under Order No.5907426600_1 which expires on 01n7/2013, and is not for
resale.
User NOtea: (1366976102)
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
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 tietween 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 sad per the following:
Division 1-General Requirements
Division 26-Electrical (complete)
Section 312000 -Earth Moving**
Section 033000 -Cast- In -Place Concrete*
Section 061000 -Rough Carperifry**
Section 079200-joint Sealants**
** As applicable to this swpe 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 insta0 (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.
• Famish and install all conduit and outlet boxes for other trades in accordance with the construction
documents.
• Furtrish and install conduit and boxes for cazd readers (stub conduits up into accessible ceilings).
• Furnish and install conduit and boxes for HVAC control systems. Contra] wiring by HVAC.
• Excavation, backfill and compaction for your work. Provide suitable fill for trenching operation as required.
• Provide boring under Lanark Skeet for Quest Conduits. Repair premises when complete with work.
• Provide and install concrete light pole bases complete with rebaz and sack finish.
AIA Document A13T'" -2009 formerly A107T'"CMa-1992). Copyright ®1975, 1980, 1992 end 2009 by The American Institute of Architects. All dghla
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or tllstribution of
this AIA® Document, or any portion of It, may result In severe civil antl criminal penalties, antl will he prosecuted to the maximum extent possible antler
) the law. This document wasproctuced by AIA software at 11:45:17 on 08/28/2012 under Order No.590742a800_7 which expires on 01/17/2013, end 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 m accordance with OSHA requirements.
• Provide and install plywood (TTB) boazds for mounting of all work as required.
• Scope of the work remains the same for all buildings idenfified 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 ofcommencement, ifit differs from 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 re_ quirements for earlier Substanhial Completion of certain portions of the
Work.)
The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013.
(fable 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 orfor
bonus payments for early completion of the Wark)
m the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the
Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars
($1,000.00) or'/<% of the Contract Value (whichever is greater) for each and every calendar day following the end of
the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for
liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the
Contract Time.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in cturent funds for the Contractor's performance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropriate box.)
[ X ] Stipulated Sum, in accordance with Section 4.2 below
[ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance
with Section 4.3 below
AIA Document A132*"- 2009 formerly A101T"CMa-1992). Copydghl ®1975, 1960, 7992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law antl International Treaties. Unauthortzatl reprotluctlon or tllstrtbution of
this AIA® Document, or any portion of It, may result In severe civil antl criminal penalties, antl will he prosecuted to the maximum extent possible under
t the law. This document was produced by AIA software al 11:45:77 on 06/28/2012 under Order No.5907426600_7 which expires on 01/17/2013, and is nolfor
resale.
User NOtes: (1366978102)
[ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 4.4 below
(Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete
either Section 5.1.4, 5.1.5 or 5.1.6 below.)
§ 4.2 Stipulated Sum
§ 4.2.1 The Stipulated Sum shall be One Hundred Twenty-Six Thousand Six Hundred Fifty-Five Dollars and Zero
Cents ($ 126,655.00 ), subject to additions and deletions as provided in the Contract Documents.
Base Bid $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 ar other identification of accepted alternates. If the bidding orproposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amountfor each and the date when that amount expires.)
N/A
§ 4.2.3 Unit prices, if any:
(Ident~ and state the unitprice, andstate the quantity limitations, ifarry, to which the unitprice will be applicable.)
Item
Units and Limitations Price per Unlt ($0.00)
§ 4.2.4 Allowances included in the Stipulated Sum, if any:
(Identify allowance and state exclusions, if arty, from the allowance price.)
Item
Allowance
§ 4.3 Coat 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 ofthe Work, plus
the Contractor's Fee.
§ 4.3.2 The Contractor's Fee:
(State a lump sum, percentage of Cost of the Work or 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 ofthe 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 A132T^'-2008 formerly A701'aCMa-19921. Copyright ®1975, 1980, 1992 antl 2009 by The American Institute of Architects. All rights
Init. reservetl. WARNING: This AIA Document Is protectetl by U.S. Copyright Law and Intematianal Treaties. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of It, may result In severe civil antl criminal penalties, antl will he prosecutetl to the maximum extent possible under
/ the law. This document was produced by AIA software a111:45:17 on 08/28/2012 under Order No.5907428800_1 which expires on 07/17/2013, and is notfor
resale.
User Notes: (1388978102)
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
§ 4.4.1 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.
§ "4.4.2 The Contractor's Fee:
(State a lump sum, percentage of Cost of the Wark ar other provision for determining the Contractor's Fee.)
§ 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work:
§ 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases hr 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:
(Ident~ andstate the unitprice, andstate the quantity limitations, if arty, to which the unitprice will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
§ 4.4.7 Guaranteed Maximum Pdce
§ 4.4.7.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($
), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum
sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the
Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.
(Insert speck provisions if the Contractor is to participate in arty savings.)
§ 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner:
§ 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any:
(Identify and state the amounts of 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 A132T" - 2009 formedy A701 TaCMa -19921. Copyright ®1975, 1960, 1992 antl 2009 by The American Insgiute of Architects. All rlghta
Init. reservetl. WARNING: This AIA Document Is protected by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or tllatrlbulion o/
this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, antl will be prosecuted to the maximum extent posal6le antler
/ the law. This document was produced by AIA software et 11:45:17 on 08/29/2012 antler Ober Nc.5907428900 1 which expires on 01!17/2013, end is not for
resale.
User NOtes: (1366979102)
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 App]ication 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 Constmction Manager receives the Application for Payment.
(Federal, state or local lmvs may require payment within a certain period of rime.)
§ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum
§ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract
Documents. The schedule ofvalues shall allocate the entire Contract Sum among the various portions ofthe Work and
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 Constmction 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 ofthe Contract Documents, the amount of each progress payment shall be computed
as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract
Sum allocated to that portion of the Work in the approved schedule ofvalues, less retainage of Five
percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in
writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
re[ainage 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 h3 the
Contract Documents.
§ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under
the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager
recommends and the Architect determines for incomplete or defective Work, or both and unsettled
claims; and
.2 Add, if final completion of the Work is thereafter material ly 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 A132T"- 2009 formerly A101 T'"CMa-19921. Copyright ®1975, 1960, 1992 antl 2009 by The American Institute oFArohilects. All rtghls
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law antl International Treaties. Unauthotlzetl reprotluction or distribution of
this AIA® Document, or any portion of It, may result In severe civil antl criminal penaltlea, antl will be prosecutetl to the maximum extent possihle antler
t the law. This document wes producetl by AIA software a111:45:17 on 06/20/2012 under Order No.5907426600 1 which expires on 01/17/2013, and is not for
resale.
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§ 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 resu[tingfrom 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 conhol 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 Applicaton 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 progess 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 Gwner;
.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 A232'''"'-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 h1 accordance with those agreements.
§ 5.1.5.5 In taking acfion on the Contractor's Applications for Payment, the Construction Manager and Architect shall
be entitled to rely on the accuracy and completeness of the 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
arithmefic 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 A701 T"CMa-1892). Copyright ®1875, 1880, 1992 and 2009 by The American Inslltule 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 prosecutetl to the maximum extent possible under
! the law. This tlocumenl was produced by AIA software at 71:45:17 on 08!28/2012 under Order No.5907428800 1 which expires on 0 1/1 712 01 3, and Is not for
resale.
User NOtes: (1388978102)
§ 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 Contrail 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 ofthe end
of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the
percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing
(a) the expense that has actually been incurred by the Contractor on account 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 dthet provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined bymultiplying the percentage 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
uponthe 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 [he accuracy and completeness of the information famished by the Contractor and shall not be
deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic
verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the
Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction
Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts
previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will
be performed by the Owner's auditors acting in the sole interest of the Owner.
AIA Document A132Ta -2009 fformerly A101 TaCMa-1992). Copyright ®1975, 1960, 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA® Document Is protectetl by U.S. Copyright Law and International Treaties. Unauthorizetl reproduction or dlstrlbutlon of 8
this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, antl will he prosecuted to the maximum extent possihle antler
/ the law. This document was produced by AIA software at 11:45:17 on 06!20!2012 under Order No.5907428900_7 which expires an 01/17!2013, and is not for
resale.
User Notes: (1366876102)
§ 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.2 Final Payment
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other
requirements, if any, which extend beyond final payment;
.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A,
Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or
without a Guaranteed Maximum payment; and
.3 $ 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
§ 6.9Initial Decision Maker
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as
modified, unless the pazties appoint below another individual, not a party to this Agreement, to serve as Initial
Decision Maker.
(If the parries mutually agree, insert the name, address and other contact informak'on 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 litigan'on, Claims will be
resolved by litigation in a court ofcompetent 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 h1 Artcle 14 of AIA Document A232-2009.
§ 7.2.2 The Contract maybe terminated by the Owner for cause as provided in Article 14 of AIA Document
A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows:
.1 Take the Cost of the Work incurred by the Contractor to the date of termination;
.2 Add the Contractor's Fee wmputed upon the Cost of the Work to the date of termination at the rate
stated m Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an
AIA Document Al J2Ta - 2009 (rformerly A701 T°CMa -1992). Copyright ®1975, 1860, 1882 end 2009 by The American Institute of Architects. All rl0hfs
Inlt, reserved. WARNING: This AIAm Document Is protected by U.S. Copyright Law and Intarnatlonal Treaties. Unaulhorizetl reprotlucflon or distribution of
this AIA® Document, or any portion of it, may result In severe civil antl criminal penalties, antl will be prosecutetl to the maximum extent possible antler
t the law. This tlocumenl was produced by AIA software at 11:45:17 on 0 8/2 612 01 2 under Order No.5907428600 1 which expires on 01/17/2013, and is not for
resale.
User Notes: (1366976702)
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 hr 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 maybe suspended by the Owner as provided in Article 14 of AIA Document A232-2009; in such
case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 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
§ 8.7 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 arry.)
3/4 df 1 % per month
§ 8.3 The Owner's representative:
(Name, address arld 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 Al02Ta- 2009 formerly A101TMCMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All dghla
IRit, reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law antl Internallonal Treatlea. Unauthodzed reprotlucllon ar distribution of ~ ~
thla AIA® Document, or any portion of It, may result In aevare civil and cdminal panaltlea, and will be prosecuted to the maximum extent possible under
/ the law. This tlocument was produced by AIA software a117:45:17 on 08/28/2012 under Order No.5907429800_1 which expires on 01/17/2013, end is not for
resale.
User NOtes: (1366978102)
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
Construilion;Construilion 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 last 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 Contrail 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 A132TM-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 E202rM-2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:
N/A
.4 Other documents, if any, listed below:
(List here arty additional documents which are intended to form part of the Contract Documents. A/A
Document A232 2009 provides that bidding requirements such as advertisement or irrvitation to bid,
Irrstructlons to Bidders, sample forms and the Contractor's bid are not parr of the Contract Documents
unless enumerated in this Agreement. They should be listed here only if intended to be part of the
Contract Documents.)
All binding documents including the htvitation 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 A132Ta -2009 formerly A101T'"CMa-19921. Copyri0hl®7975, 1990, 1992 and 2009 by The American InsOtule of Architects. All rights
Init. reserved. WARNING: This AIAS Document is protected by U.S. Copyright Law end Intematlonal Treaties. Unauthodzed reproduction or distribution of 11
this AIA® Document, or any portion of it, may result In severe civil and cdminal penalties, antl will he prosecutetl to the maximum extent posaihle antler
t the law. This document was produced by AIA software a111:45:17 on 08/28/2072 under Order No.5907428900 1 which expires on 01/17!2013, end is not for
resale.
User Notea: (1386978102)
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 liability for insurance required in Article 11 of AIA Document
A232-2009.)
Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)
This Agreement is entered into as of the day and st written above.
~~
~,,~~
OWNER (Si tur CONTRACTOR (Signature)
~~ ~ ~ 1
~~ ~~ ~~~U ~"~~ 1 1~~~
I Tammy de Weerd ,Mayor ~ ~~'"~ ~~
(Printed name and title) (Printed name and title)
AIA Document A132T"' - 2009 formerly A101 T""CMa -1992). Copyright ®1975,1980,1992 and 2009 by The American Institute of Architects. All rights
Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA Document, ar any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 12
~ the law. This document was produced by AIA software at 11:45:17 on 08/2812012 under Order No.5907428800_1 which expires on 01!1712013, 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)
COVER- Dated 7131/2012
A0.1 Cover Sheet
ARCHITECTURAL SITE PLAN -Dated 7/3112012
A1.0 Site Plan A1.1
Site Details
CIVIL -Dated 7/30/2012
C1.0 CoverSheet/Notes C1.1
C2.0 Grading & Drainage Plan -Overall C2.1
C2.2 Grading & Drainage Plan-Area 2 C2.3
C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0
C3.1 Sewer Plan & Profile C3.2
C4.0 Site & Grading Details C4.1
C4.2 Irrigation Details C4.3
C4.4 City of Meridian Standard Details - 2 C5.0
C5.1 Stormwater Pollution Prevention Plan -2
LANDSCAPE -Dated 7/31/2012 or as indicated below
L1.0 Landscape Cover Sheet L2.0
L2.1 Landscape Plan L3.0
L3.1 Irrigation Plan (dated 7/18/2012) L4.0
ARCHITECTURAL -Dated 7/31/2012
BLD - A
A2.OA Overall Floor Plan A2.1A
A2.2A Floor Plan Shop B & C A2.3A
A3.OA Reflected Ceiling Plan A4.OA
A5.OA Exterior Elevations Ati.OA
Meridian Parks & Recreation Maintenance Facility
Page 1 of 2
Topographic & Control Survey
Grading & Drainage Plan -Area 1
Roadway Plan & Profile - E. Lanark St.
Site Utility Plan
Gravity Irrigation Plan & Profile
Site, Drainage, and Irrigation Details
City of Meridian Standard Details -1
Stormwater Pollution Prevention Plan -1
Landscape Plan
Landscape Plan (dated 7/18/2012)
Irrigation Details (dated 7/18/2012)
Floor Plan Office /Shop A
Floor Plan Shop D
Roof Plan
Building Sections
August 23, 2012
A5.1A Wall Sections A5.2A Wall Sections /Details
A7.OA Interior Elevations /Details A6.0 Door/Window Schedule & Details
Ag.O Details/Energy Compliance
BLD - B
A2.OB Floor/Roof Plans A3.OB Exterior Elevations
BLD - C
A2.OC Floor/Roof Plans A3.OC Exterior Elevations /Sections
A3.1C WaIlSections/Details
BLD - D
A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Sections
STRUCTURAL -Dated 7131/2072
S1.0 Structural General Notes 51.1 Special Inspections
S2.OA Foundation Plan Bld A S2.OB Foundation Plan Bld B
S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D
S3.OA Roof Framing Plan Bld A 54.0 Structural Details -Foundation
55.0 Structural Details -Framing
MECHANICAL -Dated 7/30/2012
MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance
M1,0 HVACPIan-Main Building M1.1 HVACPIan-BuildingC
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 7/30/2012
E0.0 Electrical Cover Sheet E0.1 Site Electrical Plan
E0.2 Electrical Roof Plan E1.0 Power Plan -Building A
E1.1 Power Plans -Building B, C, $ D E2.0 Lighting Plan -Building A
E2.1 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