Standard Form of Agreement with Advanced Heating & Cooling for Heating, Ventilating, and Air Conditioningv T
IA Document A132T" - 2009
Standard Form ofAgreementBetween Owner and Contractor,Construction Manager as
Adviser Edifion
Bid Package No. 79-Heating ,Ventilating and Air Conditioning
ADDITIONS AND DELETIONS:
AGREEMENT made as of the Twenty-Forth day of August in the year Two Thousand The author of this document has
Twelve added information needed for its
(In words, indicate day, month and year.) completion. The author may also
have revised the text of the original
BETWEEN the OWhOrI- AIA standard form. An Additions and
(Name, legal status, address and other information) Deietions 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 teM.
BSR Ventures, LLC dba Advanced Heating & Cooling Thls document has Important legal
721 North RalstinStreet consequences. Consultation with an
Meridian, Idaho 83642 attorney Is encouraged with respect
Telephone Number:-208-846-9100 to its completion or modification.
Fax Number: 208-846-9200 This document is intended to be used
for the following ]?rojt;ct: in conjunction with AIA Documents
A232 2009, General Conditions of
(Name, location and detailed description) the Contract for Construction,
Construction Manager as Adviser
Meridian Parks & Recreation Maintenance Facility Edition; B132*M-2009, Standard
1700 East LanarkStreet Form of Agreement Between Owner
Meridian, Idaho83642 and Architect, Construction Manager
as Adviser Edition; and
The Construction Manager: C132Tn-2009, Standard Form of
(Name, legal status, address and other information) Agreement Between Owner and
Construction Manager as Adviser.
Kreizenbeck, LLC DBA Krtiizehbeck Constructors,
AIA Document A232Te-2009 Is
11724 West Executive Drive adopted In this document by
Boise, Idaho 83713 reference. Da not use with other
Telephone Number: (208) 336-9500
general conditions unless this
Fax Number: 208 336-7444
( ) document is modifed.
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 A132ie- 2009 (formerly A707'"'CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Init. reservetl. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
thla AIA® Document, or any portion of It, may result In severe civil and criminal penalties, antl will he prosecutetl to the maximum extent possible antler
t the law. This document was produced by AIA software at 11:44:32 on 08/28/2012 under Ortler No.5907428800 1 which expires on 01!17/2013, end is not for
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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 ofthis Agreement, all ofwhich 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 oragreements,
either written or oral. Ah 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, HVAC system as noted in the construction documents and per the
following:
Divisionl-General Requirements Section 230800-CommissioningofHVAC
Section 079200 -Joint sealants** ** As applicable to this scope of work
Section 230000 -- HVAC General Requirements
Section 230100 -- Heating, ventilating and Air Conditioning
Tbis contract specifically includes but is not limited to:
• Provide and install a complete HVAC and wnffol system.
• Make all penetrations as necessary to install work under this work package.
• Testing and balance of mechanical systems included in this work package.
• Provide and install all hangars, rods, supports and seismic braces for equipment installed in this work package.
• This bid package includes use of permanent HVAC equipment for temporary heating as directed by the Constmction
Manager: All extended warranties and associated cost shall be included in the base bid. Replace all filters as required
duringconstrucflon and at the time of substantial completion.
• Furnish and install a complete operable control system as indicated by the wnsffudion documents. This includes control
wiring.
• Furnish and install refrigerant piping and associated pipe insulation as indicated by the construction
documents.
• Funish and install all I3VAC concentric vent piping and flue piping as indicated by the construction documents.
AIA Document A132^^ - 2009 formerly A701T'"CMa- 7992). Copyright ®1975, 1900, 1992 end 2009 by The Amadcen Insatule o/ Amhitacts. All rights
Init. reserved. WARNING: This AIA Document is protected by U.9. Copyright Lew and International Treatlea. Uneulhodzed reproduction or dlstdbutlon of
this AIA® Document, or any portion of It, may result In severe civil antl criminal penalties, and will he prosecuted to the maximum extent possible under
/ the law. This tlocumenl was producetl by AIA software at 11:44:32 on 08/28/2012 under Order No.5907426600 1 which expires on 01/17/2013, end is not far
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• Provide and install all blocking, supports and slums required for this scope of work.
• Supply all hoisting required for work within this package.
Provide and install all access doors as required for this scope of work.
• Coordinate special framing requirements with framing or drywall contractor as required.
• Coordinate all penetrations with other trades as required by this scope of work, and provide all fleshings,
flanges, and sealants for penetrations.
Furnish and install mechanical louvers and vents as indicated on mechanical drawings. Architectural louvers and vents
specified under section 089000 are by other. Make final connection to architectural louvers as indicated by the
construction documents.
• Scope of the work remains the same for all buildings identified in the construction documents.
• Scope of work for alternates remains the same as base bid. (as applicable)
This contract specifically excludes:
• Furnish and install all ITVAC wndensate piping.
• Section 089000 Lcuvers and Vents
• Conduit & Boxes for Control systems by electrical
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 ht a notice to proceed issued by the Owner.
(Insert the date ofcommencement, if it dyers from the date of this Agreement or, if applicable, state that the date will
be fixed in a notice tc proceed.)
The commencement date will be fixed in a notice to proceed.
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other
security interests, the Owner's time requirement shall be as follows:
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date
of commencement, or as follows:
(Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work.)
The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013.
~ (Table deleted)
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus payments for early completion of the Wark)
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
($1,000.00) or Y.% of the Contract Value (whichever is greater) for each and every calendar day following the end of
the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for
liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the
Contract Time.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropriate box.)
[ X ] Stipulated Sum, in accordance with Section 4.2 below
AIA Document A132TM - 2009 formerly A701 T"CMa -1992). Copyright ®1975, 199D, 1992 and 2009 by The American Institute of Amhllecls. All rights
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of
this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecutetl to the maximum extent possible under
t the law. This document was protluced by AIA software at 11:44:32 on 09/28/2012 under Order No.5907429900 1 which expires on 01/17/2013, antl Is notfor
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[ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance
with Section 4.3 below
[ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 4.4 below
(Based on the selection above, complete Sech'on 4.2, 4.3 or 4.4 below. Based on the selection above, also complete
either Section 5.1.4, 5.1.5 or 5.1.6 below.)
§ 4.2 Stipulated Sum
§ 4.2.7 The Stipulated Sum shall be Forty Thousand Nine Hundred Eight Dollars and Zero Cents ($ 40,908.00 ),
subject to additions and deletions as provided in the Contract Documents.
Base Bid ' $40,908.00
§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents
and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of sou h other
alternates showing the amount far each and the date when that amount expires.)
N/A
§ 4.2.3 Unit prices, if any:
(Ident~ and state the unit price, and state the quantity limitations, ifarly, 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:
(Idehtfy allowance and state exclusions, if arty, from the allowance price.)
Item
Allowance
§ 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price
§ 4.3.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus
the Contractor's Fee.
§ 4.3.2 The Contractor's Fee:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.)
§ 4.3.3 The method of adjustment of the Contractor's Fee for changes m the Work:
§ 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work:
§ 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the
place of the Project.
§ 4.3.6 Unit prices, if any:
AIA Document A732i°- 2009 /formerly A101 r"CMa -1992). Copyright ®1975, 1990, 1992 end 2009 by The American Institute of Architects. All rights
Inlt. reserved. WARNING: This AIAr Document Is protectetl by U.S. Copyright Law end International Trestles. Unaulhortzetl reprotluction or distribution of
thla AIA® Document, or any portico of It, may result In severe clvll antl criminal penalties, and will be prosecuted to the mazlmum extent possihle under
t the law. This document was produced by AIA software at 11:44:32 on 09!29/2012 antler Order No.590742aa00 1 which expires on 01/17/2013, and Is not for
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(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.
§ 4,4 Cast 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 Work or other provision for determining the Contractor's Fee.)
§ 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work:
§ 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work:
§ 4.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standazd 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 unit price 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 Guazanteed 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 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 Guazanteed Maximum Price, if any:
(Identify and state the amounts ofarry 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 A13T'"- T009 formerly A1011OCMa -19921. Copyright ®1975, 1960, 1892 end 2008 by The American Institute of Architects. All rights
Init. reasrvetl. WARNING: This AIA Document Is protsctetl by U.S. Copyright Law and Intarnatlonal Treaties. Unauthorized reproduction or distribution of
this AIA® Document, ar any ponlon 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 protlucetl by AIA software et 11:44:32 on 08!26/2012 under Order No.5807426600_1 which expires an 01/17/2013, and is not for
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ARTICLES PAYMENTS
§ 5.1 Progress Payments
§ 5.1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and
upon certification of the Project Application and Project Certificate for Payment or Application for Payment and
Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall
make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the
Contract Documents.
§ 5,1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the
month, or as follows:
§ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the
Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to
the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received
by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than
Thitty (30) days after the Constmction Manager receives the Application for Payment.
(Federal, state ar 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 ofva ues shall allocate the entire Contract Sum among the vazious portions ofthe Work and
be pi•epai•ed in such form and supported by such data to substantiate its accuracy as the Construction Manager and
Architect mayYequire. 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 petiod covered by the Application for Payment.
§ .5.1.4,3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed
as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract
Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five
percent. (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in
writing ifi advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of Five percent (5.00 %);
.3 Subtract the aggregate of previous payments made by the Owner;
.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and
.5 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the
Contract Documents.
§ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under
the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety-five percent (95.00 %) of the Contract Sum, less such amounts as the Construction Manager
recommends and the Architect determines for incomplete or defective Work, or both and unsettled
claims; and
AIA Document A732TM-2009 formerly A707 T"CMa-79821. Copyright®1975,1880, 7892 end 2009 by The Amedcan Institute of Arohltects. All rights
Init. reservetl. WARNING: This AIA Document Is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reprotluction or distribution of
this AIA® Document, or any portion of it, may result In severe civil and crlminal penaltlea, and will be prosecuted to the maximum extent possible under
f the law. This document was produced 6y AIA sofhvare et 17:4432 on 08/28/2012 under Order No.5907428800_7 which expires on 0111712013, and is not far
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.2 Add, if final completion of the Work is thereafter materially delayed through no fault ofthe 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 Warr 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 net explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation)
No reduction in retainage will be allowed prior to final completion without written approval of the Owner.
§ 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their
portion of the Work.
§ 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed
Maximum Price
§ 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in
Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or
invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or
Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work
equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments
attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
§ 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the
end of the period covered by the Application for Payment and for which the Contractor has made or intends to make
actual payment prior to the next Application for Payment.
§ 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work;
.2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed
upon the Cost of the Work described in that Section at the rate stated in that Section; or if the
Contractor's Fee is stated as a fixed sum, an amount which beazs 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
wmpletion;
.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 Architecthas 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 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 fianished 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 [hat the Constructon
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.
AIA Document A132*"' - 2009 formerly A101 *'"CMa -1992). Copyright ®1975, 1960, 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: Thla AIA Document la protected by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or tliatribulion of
this AIA® Document, or any ponlon of It, may result In severe civil antl criminal penaltlea, and will be prosecuted to the maximum extent posalble antler
/ the law. This document was produced by AIA software et 11:44:32 on 08/28/2012 under Order No.5907426600_7 which expires on 01/17/2013, and is not for
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§ 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
§ 5.1.6.7 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 shat] be based on the most recent schedule of values submitted by the
Contractor in accordance with [he Contract Documents. The schedule of values shall allocate the entire Contract Sum
among the various portions of the Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as 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 acwunt of that porfion 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 Maxhnum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion of the Work by the share of the
Guaranteed Maximum Price allocated to that portion of the Work hi the schedule of values. Pending
final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be
included as provided in Section 7.3.10 of AIA Document A232-2009;
.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing;
.3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed
upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a
fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost
of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;
.4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs;
.5 Subtract the aggregate of previous payments made by the Owner;
.6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section
5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered
by the Owner's auditors in such documentafion; 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 h3 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 fiunished 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
AIA Document A132^"- 2009 formerly A101 `aCMa-1992). Copyright ®1975, 7960, 7992 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 Trestles. Uneuthodzed reproduction or dlatdbutlon of
this AIA® Document, or any portion of It, may result In severe civil antl criminal penalties, antl will be prosecuted to the maximum extent poaeible under
/ the law. This document wesproctuced by AIA software at 71:44:32 on 08/26/2072 under Order No.590742e600 1 which expires on 01!17/2013, and is not for
resale.
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previously paid on acwunt of the Contract. Such examinations, audits and verifications, if required by the Owner, will
be performed by the Owner's auditors acting hr 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 wrrect
Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other
requirements, if any, which extend beyond final payment;
.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A,
Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or
without a Guaranteed Maximum payment; and
.3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such
final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully
performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate
for Payment, or as follows:
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 Initial Decision Makel•
The Architect will serve-as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as
modified, unless the pazfies 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 information of the Initial Decision Maker, if
other than the Architect)
§ 6.2 Binding Dispute Resolution
For any Claim subject to, but not resolved bg 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 ofbinding dispute resolution below,
or do not subsequently agree in lvrih'ng to a binding dispute resolution method other than lih'gatiorr, Claims will be
resolved by litigation in a court ofcompetent jurisch'ction.)
[ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009.
[ X ] Litigation in a court of competent jurisdiction.
[ ] Othcri(Specify)
ARTICLE 7 TERMINATIO_ N 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 m Article 14 of AIA Document A232-2009 as
modified.
§ 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price
§ 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the
Contractor as provided in Article 14 of AIA Document A232-2009.
§ 7.2.2 The Contract may be terminated by the Owner for cause as provided in Artcle 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;
AIA Document A132T" - 2009 (formerly A701 *"CMe-1992). Copyright ®1975, 1980, 1992 antl 2009 by The American Institute of Architects. All rights
Init, reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law antl International Trestles. Unauthorized reproduction or dlatrlbutlon of
this AIA® Document, orany portion of it, may result in severe civil and criminal penalties, antl will he prosecuted to the maximum extent possible under
t the law. This document was produced by AIA Software at 11:44:32 on 08!28/2012 under Order No.5907428e00 1 which expires on 01/17/2073, end is not for
resale.
User Notes: (1412395624)
.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 ang to be
paid to the Contractor under Section 14.2.4 of AIA Document A232-2009 shall not cause the Guaranteed Maximum
Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2.
§ 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the
Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in
the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts
and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments
referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment
of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully
vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.
§ 7.2.5 The Work 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 [he Contractor's Fee as described in Sections
4.3.2 and 4.4.2 of this Agreement.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 as modified or another
Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the
Contract Documents.
§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Insert rate of interest agreed upon, if arry.)
3/4 of 1% per month
§ 8.3 The Owner's representative:
(Name, address and other information)
Keith Watts, Purchasing Manager
City of Meridian
PurchasingDepartment
33 East Broadway Avenue
Meridian, Idaho 83642
§ 8.4 The Contractor's representative:
(Name, address and other information)
Robert Ginkel
BSR Ventures, LLC ribs Advanced Heating & Cooling
721 North Ralson Skeet
Meridian, Idaho 83642
Telephone Number: 208-846-9100
Fax Number: 208-846-9200
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
AIA Document A132T° -2009 (formerly A101T"CMa-1992). Copyright ®1975, 1900, 7992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIAb Document Is protectetl by U.S. Capyrlght Lew and International Treaties. Unauthorized reproduction or distribution of ~ ~
this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, antl will he prosecuted to the maximum extent possible under
t the law. This document was protluced by AIA software at 11:44:32 on 08/26/2012 under Order No.5907428600 1 which expires on 01/17/2013, and Is not for
resale.
User Notes: (1412395624)
§ 8.6 Other provisions:
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Contract Documents, except for Modifications issued after execution of this Ageement, are enumerated in
the sections below.
§ 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement
Between Owner and Contractor, Construction Manager as Adviser Edition.
§ 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for
Construction, Construction Manager as Adviser Edition.
§ 9.1.3 The Supplementary and other Conditions of the Contract
Document Title Date
Exhibit A Contract Document Schedule 8/23/2012
§ 9.1.4 The Specifications:
(Either list the Spec cations here ar refer to an exhibit attached to this Agreement.)
Contract Document Schedule, Exhibit A, dated August 23, 2012
~ (Table deleted)
§ 9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement)
Contract Document Schedule, Exhibit A, dated August 23, 2012
(Table deleted)
§ 9.1.6 The Addenda, if any:
Number
One
Two
Date Pages
8/10/2012 24
8/17/2012 432
Pages
Portions of Addenda relating to bidding requirements aze 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 aze:
.1 AlA Document A132T"~2009, Exhibit A, Determination of the Cost of the Work, if applicable.
.2 AIA Document E201T"~-2007, Digital Data Protocol Eachibit, if completed, or the following:
N/A
.3 AlA Document E202T"t-2008, Building hrformation Modeling Protocol Exhibit, if completed, or the
following:
N/A
.4 Other documents, if any, listed below:
(List here any additional documents which are intended to form part of the Contract Documents. AIA
Document A232-2009pravides that bidding requirements such as advertisement or invitation to bic~
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 par[ of the
Contract Documents.)
AIA Document A132'"-2008 formerly A707 *•CMa- 7882). Copyright ®1975, 1880, 1892 end 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. Unauthorized reproduction or dlatdbutlon of 11
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will 6e prosecuted to the maximum extent possible under
t the law. This document was produced by AIA software et 17:44:32 on 08/28/2012 under Order No.5807429500_t which expires on 01/17/2013, end is not for
resale.
Uaer Notes: (1412395624)
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 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's required to provide 100% Payment and Performance Bonds.
(State bonding requirements,, if any, and limits of liability for insurance required in Article I1 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 year rst written above.
OWNER (Signat CO TRACTOR (Sig re)
~~,. - '~ s ~ p~
Tatum de Weerd , Ma or /~
Y y
(Printed name and title) (Printed name and title)
AIA Document A132T"' - 2009 formerly A101 TMCMa -1992). Copyright ®1975,1980,1992 and 2009 by The American Institute of Architects. All rights
Init. reserve®. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 Z
~ the law. This document was produced by AIA software at 11;44:32 on 08128!2012 under Order No.5907428800_1 which expires on 01117!2013, and is not for
resale.
User Notes; (1412395624)
CONTRACT DOCUMENT SCHEDULE (EXHIBIT A)
Meridian Parks & Recreation Maintenance Facility
1700 East Lanark Street
Meridian, Idaho 83642
KC PROJECT NO. 12-021
August 23, 2012
PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project
team:
Architect -Insight Architects
Structural Engineer-AHJ Engineers
Mechanical and Plumbing Engineer- Musgrove Engineering, P.A.
Electrical Engineer-DC Engineering
Civil Engineer -Erickson Civil
Landscape Architect -South Landscape Architecture, P. C.
PROJECT MANUALS
Instructions to Bidders -Part 1, Complete -Dated July 30, 2012
Project Manual Part 2, Complete -Dated July 30, 2012
ADDENDA:
Addendum No. One dated August 10, 2012 (24 pgs)
Addendum No. Two dated August 17, 2012 (432 pgs)
DRAWINGS
COVER -Dated 7/31/2012
A0.1 Cover Sheet
ARCHITECTURAL SITE PLAN -Dated 7/31/2012
A1.0 Site Plan A1.1
Site Details
CIVIL -Dated 7/30/2012
C1.0 Cover Sheet / Nates C1.1
C2.0 Grading & Drainage Plan -Overall C2.1
C2.2 Grading & Drainage Plan -Area 2 C2.3
C2.4 Roadway Plan 8 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 7/18/2072) L4.0
ARCHITECTURAL-Dated 7131/2012
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 AS.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
A8.1A Wall Sections A8.2A Wall Sections /Details
A7.OA Interior Elevations /Details A8.0 DoorNVindow Schedule & Details
Ag.O Details/Energy Compliance
BLD - B
A2.OB Flcor/Roof Plans A3.OB E~derior Elevations
BLD - C
A2.OC Floor/Roof Plans A3.OC Exterior Elevations /Sections
A3.1C Wall Sections /Details
BLD - D
A2.OD FIooHRoof Plans A3.OD Exterior Elevations /Sections
STRUCTURAL -Dated 7131/2012
S1.0 Structural General Notes S1.1 Special Inspections
S2.OA Foundation Plan Bid A S2.OB Foundation Plan Bld e
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
S5.0 Structural Details-Framing
MECHANICAL -Dated 7/30/2012
MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance
M1.0 HVAC Plan -Main Building M1.1 HVAC Plan -Building C
M2.0 HVAC Details M3.0 HVAC Schedules
PLUMBING -Dated 7130/2012
P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -Building C
P2.0 Plumbing Details P3.0 Plumbing Schedules
ELECTRICAL -Dated 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, 8 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