Standard Form of Agreement with Custom Glass for Aluminum Framed Entrances and Storefrontsv T
=_= IA Document A132TN - 2009
Standard Form ofAgreemenf Between Ownerand Contractor,Construction Manager as
Adviser Edition
Bid Package No. 12 -Aluminum Framed Entrances and Storefronts
ADDITIONS AND DELETIONS:
AGREEMENT made as of the Twenty-Forth day of Augustin the year Two Thousand The author of this document has
Twelve added information needed far its
(In words, indicate day, month and year) completion. The author may also
have revised the text of the original
BETWEEN the Owner: AIA standard form. An Additions and
(Name, legal status, address and other information) Deletions Report that notes added
Information as well as revisions to the
City of Meridian standard form text is available from
33 East Broadway Avenue the author and should be reviewed. A
Meridian, Idaho 83642 vertical line In the left margin of this
document indicates where the author
and the Contractor: has added necessary information
(Name, legal status, address and other information) and where the author has added to or
deleted from the original AIA text.
Custom Glass, Inc. This document has Important legal
254 Loop Street ~ consequences. Consultation with an
Caldwell, Idaho 83605 attorney is encouraged with respect
Telephone Number: 208-454-0340 to Its completion or modification.
Fax Number: 208-454-0391
This document is intended to be used
for the following Project: in conjunction with AIA Documents
TU
(Name, location and detailed description) A232
-2009, General Conditions of
the Contract for Construction,
Construction Manager as Atlviser
Meridian Parks & Recreation Maintenance Facility Edition; B132T"'-2009, Standard
1700 East Lanark Street Form of Agreement Between Owner
Meridian, Idaho 83642 and Architect, Construction Manager
as Adviser Edition; and
The Construction Manager: C132T"-2008, Standard Form of
(Name, legal status, address and other information) Agreement Between Owner and
Construction Manager as Adviser.
Kreizenbeck, LLC DBA I{reizenbeck Constructors, TM-2009 Is
AIA Document A232
11724 West Executive Drive adopted in this document by
Boise, Idaho 83713 reference. Do not use with other
Telephone Number: (208) 336-9500 general conditions unless this
Fax Number: (208) 336-7444 document is modified.
The Architect:
(Name, legal status, address and other informah'on)
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 A132Ta- 2009 (formerly A701T'"CMa-1992). Copyright ®7975, 1960, 1992 and 2009 by The American InsOtute of Architects. All rights
Init, reserved. WARNING: This AIA® Document Is protected by U.6. Copyright Lew and Internetlonal Treatlea. Unauthodzetl reproduction or distribution of
this AIA® Document, orany ponlon of It, may result In severe civil and criminal penalties, end will be prosecuted to the maximum extent possihle antler
t the law. This document was producetl by AIA software at 11:39:01 on 06/26/2012 under Order No.5907426600_1 which expires on 01/17/2073, and Is notfor
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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 of this Agreement, all of which form the Contract, and are
as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated hr
the Contract Documents to be the responsibility of others.
Bid Requirements: Provide all labor, material and equipment to complete the work of furnishing and
installing complete Aluminum Framed Entrances, Fiberglass Windows and Glazing as noted in the
construction documents and per the following:
Division 1-General Requirements
Section 079200-Joint Sealants**
Section 084213 -Aluminum -Framed Entrances
Section 085200 -Wood Windows
Section 085413 -Fiberglass Windows
Section 088000 -Glazing
^* As applicable to this scope of work
This contract specifically includes but is not limited to:
• Furnish and install glass and accessories to complete all glazing in accordance with construction documents.
• Fumish and install Aluminum framed ennances doors and frames complete in accordance with the construction
documents.
• Fumish and install all fiberglass window systems in accordance with the construction documents.
• Provide Shims and blocking as required.
• Furnish and install all metal flashings associated with this work package for a complete water tight installation. This
includes sill flashing at windows.
• Furnish and install aluminum entrances hardware as indicated in section 084213. Coordinate, prep and install all
hardware indicated in section 087100 for aluminum framed entrance doors. (hardware from section 087100 furnished by
others).
• Provide caulking of all exterior aluminum framed entrances and fiberglass windows (Inside and outside) to adjacent
surfaces.
AIA Document A132i11-2009 formerly A701 T°CMa-1992). Copyright ®1875, 1980, 1992 end 2009 by The American Insatute of Architects. All rights
Init. reservetl. WARNING: This AIA Document Is protected by U.S. Copyright Law and Internetlonal Trestles. Unauthodzed reproduction or distrlbuticn of
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, antl will he prosecutetl to the maximum extent possible under
/ the law. This document was produced by AIA software at 11:39:01 on 08/28/2012 under Order No.5907426800_1 which expires on 07/17/2013, and is not for
resale.
User Notes: (1433621068)
• Final adjustment of doors, as necessary to meet approval of owner, architect and Construction manager.
• Monitor and adjust frames as necessary during constmction to maintain plumb and level.
• Scope of the work remains the same for all buildings identified in the constmction documents.
• Scope of work for alternates remains the same as base bid. (as applicable)
• Furnish and install wood windows as indicated by the constmction documents.
This contract specifically excludes:
• Stainless steel wrapped mirror touts.
• Furnishing Door hardware speci5ed in section 087100.
'' ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.7 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 differsfrom the date of this Agreement or, tfapplicable, state that the date will
be ftxed 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 Contractorshall 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 reguirements 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, if4ny, for liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus paymentsfor early completion of the Work)
In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the
Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars
($1,000.00) or %<% of the Contract Value (whichever is greater) for each and every calendar day following the end of
the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for
liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the
Contract Time.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropriate bar.)
[ X ] Stipulated Sum, in accordance with Section 4.2 below
[ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance
with Section 4.3 below
AIA Document A132T• - 2009 (formerly A107 T'"CMa-1992). Copyrght®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rlghta
Init. reserved. WARNING: Thla AIA® Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or dlsttlbutlon of
this AIA® Document, or any portion of It, may result In severe civil and cdminal penalties, antl will he prosecuted to the maximum extent posalble under
t the law. This document wasproctuced by AIA software at 11:39:01 on 0 612 812 01 2 under Order No.5907428000 1 which expires on 01 /1 712 0 1 3, and is not For
resale.
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[ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 4.4 below
(Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also campdete
either Section 5.1.4, 5.1.5 or 5.1.6 below)
§ 4.2 Stipulated Sum
§ 4.2.1 The Stipulated Sum shall be Thirty-Five Thousand Three Hundred Ten Dollars and Zero Cents ($ 35,310.00 ),
subject to additions and deletions as provided in the Contract Documents.
§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents
and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amount for each and the date when that amount expires.)
N/A
§ 4.2.3 Unit prices, if any:
(Identify and state the unit price, and state the guann'ly limitations, ifarry, to which the unit price will be applicable.)
Item
Units and Limitations Price per Unit ($0.00)
§ 4,2.4 Allowances included in the Stipulated Sum, if any:
(!dent fy allowance and state exclusions, ifarry, 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 Conrtactor's Fee for changes in the Work:
§ 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work:
§ 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the
place of the Project.
§ 4.3.6 Unit prices, if any:
(Identify and state the unit price; state quantity limitafions, if any, to which the unit price will be applicable)
Item
Units and Limitations Price per Unit ($0.00)
AIA Document A132T'^-2009 formerly A701 T"CMa -1892). Copyright ®1975, 1980, 1992 and 2009 by The American InsBtute of Architects. All rights
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law antl 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 prosecutetl to the maximum extent possible antler
t the law. This document was produced by AIA sonwere at 11:38:01 on OB/28/2012 under Order No.5907428800 1 which expires on 0 7 /1 712 01 3, and Is not for
resale.
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§ 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, Detemilnation of the Cost of the Work.
§ 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum. Price
§ 4.4.7 The Contract Sum is the Cost of the Work as defined h3 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 ofthe Contractor's Fee for changes in the Work:
§ 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work:
§ 4.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rate paid at the
place of the Project.
§ 4.4.6 Unit Prices, if any:
(Identify and state the unit price, and state the quantity limitations, if any, to which the unitprice will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
§ 4.4.7 Guaranteed Maximum Price
§ 4.4.7.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($
), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum
sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the
Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.
(Insert specific provisions if the Contractor is to participate in any savings.)
§ 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner:
§ 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any:
(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.)
Item
Allowance
§ 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based:
AIA Document A132T" - 2008 formedy A101'aCMa-19921. Copyright ®7875, 1980, 1992 antl 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. Unauthodzetl reproduction or tlistrihution 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 posalble antler
t the law. This document was produced by AIA software at 17:38:01 on 06/26/2012 under Order No.5907426800 1 which expires on 01/7 712 0 1 3, and is nolfor
resale.
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ARTICLE 5 PAYMENTS
§ 5.1 Progress Payments
§' 5.1.1 Based upon Applicatons 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 Constmction 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 Constuction Managerafter the application date fixed above, payment shall be made by the Owner not later than
.Thirty (30) days after the Construction Manager receives the Application for Payment.
(Federal, state or Iocallaws 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
Cohtractor and approved in writing by the Construction Manager and Architect in accordance with the Contract
Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and
he prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and
Architect may require. This schedule, when, and only when, approved in writing by the Construction Manager or
Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment.
§ 5.1.4,3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed
as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract
Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five
percent (5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute may be included as provided in Section 7.3.9 of the General Conditions, as modified;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in
writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing), 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
.2 Add, iffinal 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.
AIA Document A732^"- 2009 fonnedy A101 `aCMa-1992). Copyright ®1975, 1900, 1892 end 2008 by The American Institute of Architects. All rights
Init. reserved. WARNING: Thla AIA Document la protectetl by U.a. Copyright Law and Intematlonal Treaties. Unauthodzetl reprotluction or tlistributlon of
this AIA® Document, or any portion of It, may result In severe civil antl criminal penalties, and will be prosecuted to the maximum extent possible under
) the law. This document wasproctuced by AIA software al 11:39:01 on 09/29/2012 under Ordar No.5907428600_1 which expires on 01/17/2013, and Is not for
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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 Compleh'on of the entire Worh to reduce or limit the retainage resultingfrom the
percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
No reduction in retainage will be allowed prior to final completion without written approval of the Owner.
§ 5.1.4.6 A condition will be included forbidding more retainage from a contractor or supplier than retained from their
portion of the Work.
§ 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed
Maximum Price
§ 5.1.5.1 With'each Application for Payment, the Contractor shall submit the cost control information required in
Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or
invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or
Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work
equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments
attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
§ 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the
end of the period covered by the Application for Payment and for which the Contractor has made or intends to make
actual payment prior to the next Application for Payment.
§ 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work;
,2 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed
upon the Cost of the Work described in that Section at the rate stated in that Section; or if the
Contractor's Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as
the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its
completion;
.3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs;
.4 Subtract the aggregate of previous payments made by the Owner;
.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or
resulting from errors subsequently discovered by the Owner's auditors in such documentation; and
.6 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a
Certificate for Payment as provided h1 Section 9.5 of AIA Document A232rM-2009, General
Conditions of the Contrail 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 famished by the Contractor and shall not be
deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or
arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the
Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction
Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used
amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the
Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner.
§ 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
AIA Document A732T"- 2008 fortneriy A701 ^^CMa-1882). Copyright ®1975, 1980, 1982 end 2009 by The Amedcan Institute of Architects. All rlghta
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
t the law. This document wespr0duced by AIA software et 17:38:01 on 08/20/2072 under Order No.6907428800_t which expires on 01/17/2013, and is not for
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§ 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 ofthose payments attributable
to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
§ 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum
among the various portions of the Work and be prepared in such form and supported by such data to substantiate its
.accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5:1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment. The percentage of wmpletion shall be the lesser of (1) the
percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing
(a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the
Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of
the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
§ 5:1.6.4 Subject to other provisions of the Contrail Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion of the Work by the share of the
Guaranteed Maximum Price allocated to that portion of the Work h1 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 incorporat[on h1 the Work, or if approved in
advance by the Owner, suitably stored off the site at a locafion 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 Contrailor'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.
§ 5.1.6.6 171 taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall
be entitled to re]y on the accuracy and wmpleteness of the information famished by the Contractor and shall not be
deemed to represent that the Construction Manager or Architeil 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 Architeil 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 ofthe 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 A132T"'- 2009 formerly A701 T"CMa-1992). Copyright ®1975, 7990, 1892 and 2008 by The American Ins9lute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intarnatlonal Treaties. Unauthorized reproduction or tlistrihution of
this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will he prosecuted to the maximum extent possible antler
/ the law. This tlocument was producetl by AIA software at 11:39:01 on 08/28/2012 under Order No.5807429800_1 which expires on 01/17/2013, and is not for
resale.
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§ 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 Flnal 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 accounfing 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 Inltlal Decision Maker
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as
modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial
Decision Maker.
(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if
other than the Architect.)
§ 6.2 Binding Dispute Resolution
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009 as
modified, the method of binding dispute resolution shall be as follows:
(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be
resolved by litigation in a court afcompetentjurisdiction.)
[ ] 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 Contrail 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 Pdce
§ 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the
Contractor as provided in Article 14 of AIA Document A232-2009.
§ 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document
A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows:
.1 Take the Cost of the Work incurred by the Contractor to the date of termination;
.2 Add the Contractor's Fee wmputed 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
AIA Document A102*"'-2009 formerly A707T•CMa-7992). Copyright®1975,1980, 1992 and 20096y The American lnsOtute ofArohlteds. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthodzed reproduction or dlstributlon 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 under
) the law. This document was protluced by AIA software a111:39;01 on 08!26/2012 under Order No.5907429600 1 which expires on 01/17/2013, and is not far
resale.
UaerNotea: (1433621066)
amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of
termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and
.3 Subtract the aggregate of previous payments made by the Owner.
§ 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a
Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232-2009, the amount, if any, to be
paid to the Contractor under Section 14.2.4 of AIA Document A232-2009 shall not cause the Guaranteed Maximum
Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2.
§ 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the
Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in
the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts
and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments
referred to in this Article-7, execute and deliver all such papers and take all such steps, including the legal assignment
of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully
vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.
§ 7.2.5 The Work 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 Ageement.
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
Purchasing Department
33 East Broadway Avenue
Meridian, Idaho 83642
§ B.4 The Contractor's representative:
(Name, address and other information)
Sheldon Morgan
Custom Glass, Inc.
254 Loop Street
Caldwell, Idaho 83605
Telephone Number: 208-454-0340
Fax Number: 208-454-0391
§ 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 A732T'"-2008 fomnerty A707T°CMa-7992). Copyright®7975,7990, 7992 and 2009 by The Amedcen Institute of Architects. All rights
Init. reservetl. WARNING: Thla AIA Document is protected by U.S. Copyright Law and International Treatlea. Unauthorized reproducllon or distribution of 1 ~
this AIA® Document, or any portion of it, may result In severe clvll and crlminal penalties, antl will be prosecuted to the maximum extent possible under
/ the law. This tlocument was produced by AIA software at 11:39:01 on 08/28/2012 under Order No.5907428a00 1 which expires on 01/17/2013, end is not for
resale.
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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 Tice Agreement is this executed ALA 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
Constructiota,Construction Manager as Adviser Edition.
§ 9.1.3 The Supplementary and other Conditions of the Contract
Document Title Date
Exhibit A Contract Document Schedule 8/23/2012
§ 9.1.4 The Specifications:
(Either list the Specifications here 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 are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any, forming part of the Contract Documents are:
.1 AIA Document A132TM 2009, Exhibit A, Determination of the Cost of the Work, if applicable.
.2 AIA Document E201T"~2007, Digital Data Protocol Exhibit, if completed, or the following:
N/A
AIA Document E202T"T-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. AIA
Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid,
Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents
unless enumerated in this Agreement They should be listed here only if intended to be part of the
Contract Documents.)
All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental
Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the
Contract Documents.
AIA Document A132T'^- 2009 formerly A101 T'"CMa-1992). Copyright ®1975, 1980, 1882 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIAt Document is protected by U.S. Copyright Law and Internetlonal Trestles. Unauthodzed reproduction or distribution of 11
this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecutetl to the maximum extent possible antler
l the law. This document wasprotiuced by AlA Software a111:39:01 on 08/28/2012 under Order No.590742aB00 1 which expires on 01/17/2013, and Is not for
resale.
User Notes: (1433821088)
r
w
I 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 isrequired 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
A232-2004.)
Type of Insurance or Bond Limit of Liability or Bond Amount x$0,00)
This Agreement is entered into as of the day and year first written above.
OWNER (Si at e) CONTRALTO (Signature)
or
L ....Tammy de Weerd ,May...
(Printed name and title) (P ' to ame and title)
AIA Document A132T"' - 2009 formerly A101 TMCMa -1992). Copyright ®1975,1980,1992 and 2009 by The American Institute of Architects, All rights
Inst. 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 12
~ the law. This document was produced by AIA software at 11:39:01 on 08/2812012 under Order No.5907428800_1 which expires on 0111712013, and is not for
resale.
User Notes: (1433621066)
A5.1A Wall Sections A6.2A Wall Sections /Details
A7.OA Interior Elevations 1 Details A8.0 DoorNVindow 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 Wall Sections /Details
BLD - D
A2.OD Floor/Roof Plans A3.OD Exterior Elevations /Sections
STRUCTURAL -Dated 7/31/2012
S1.0 Structural General Notes S1.1 Special Inspections
S2.OA Foundation Plan Bld A S2.0B 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 S4.0 Structural Details -Foundation
55.0 Structural Details-Framing
MECHANICAL -Dated 7/30/2012
MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance
M1.0 HVAC Plan -Main Building M1.1 HVAC Plan -Building C
M2.0 HVAC Details M3.0 HVAC Schedules
PLUMBING -Dated 7/30/2012
P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -Building C
P2.0 Plumbing Details P3.0 Plumbing Schedules
ELECTRICAL -Dated 7/30/2012
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
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