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Standard Form of Agreement with Lurre Const. for Site Work, Utilities, Asphalt Paving~~~=AlA Document A132rN - 2009 Standard Form ofAgreement Between Owner and Contractor,Construction Manager as Adviser Edifion Bid Package No.1-Site work, Utilities and Asphalt Paving _ ADDITIONS AND DELETIONS: AGREEMENT made as of the Twenty-Forth day of August in the yeaz 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.Owner:- AIA standard form. An Additions and (Name, legal status, addressand other information) De/etlons Report that notes atldetl information as well as revisions to the City of Meddiaa` standard form text is available from 33 East Broadway Avenue the author and should be reviewed. A Meridian, Idaho 83642 vertical line in the left margin of this document indicates where the author and the Contractor: has added necessary information (Name, legal status, address,and other information) and where the author has added to or deleted from the original AIA text. Lurre ConstrOCtion, InC:. This document has important legal 5306 Badiola-Street consequences. Consultation with an Caldwell, Idaho 83605''' attorney is encouraged with respect Telephone Number: 208-459-8624 to Its completion or modification. FaxNumber: 208-459-9661 This document is intended to be used for the following Project: in conjunction with AIA Documents *" A232 -2009, General Conditions of (Ngme, locah'on and detailed descripu'on) the Contract for Construction, Construction Manager as Adviser Meridian Pazks,& Recreation Maintenance Facility Edition; B132T"-2009, Standard .1700 East Lanark Street Form of Agreement Between Owner IVleridian,Idaho:83642 and Architect, Construction Manager '. as Adviser Edition; and The ConstructionManager:.. C132Tn-2009, StantlaM Form of (Name, legal status, address and other information) Agreement Between Owner and Construction Manager as Adviser. Kreizenbeck, LLC DBA Kreizenbeck Constructors, 11724 West Executive Drive AIA Document A232Ta-2009 Is Boise Idaho 83713 adapted in this document by , reference. Do not use with other Telephone Number: (208) 336-9500 general conditions unless this Fax Number:.(208) 336-7444 document is modified. The Architect::. (Name, legal status, address and other information) Insight Architects, P.A. 2238 South Broadway Avenue Boise; Idaho 83706 .Telephone Number: (208) 338-9080 The Owner and Contractor agree as follows. AIA Document A132*"' - 2009 rfarrnarly A701 T'"CMa -19921. Copyright ®1975, 1980, 1992 antl 2009 by The American InsStule of Arohilecls. All rights Init. reaervetl. WARNING: This AIAm Document la protactatl by U.S. Capydght Law antl International Treatlea. Unauthodzetl reproduction or tllstrlhutlon of this AIA® Document, or any portion of It, may result In severe civil and cdminel penalties, and will ha prosecuted to the maximum extent posalhle under / the law. This document was produced by AIA software et 10:06:01 on 09!29!2012 under Order No.5907428800_1 which expires on 01/17/2013, and is not for resale. User Notes: (1265979709) TABLE OF ARTICLES T:' 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'AF'CONTRACTDOCUMENTS 70 INSURANCE AND!BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documentsconsist ofthis Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution ofthis Agreement, other documents listed in thisAgreementand-Modifications issued after execution ofthis Agreement, all of which form the Contract, and are as fully a part of the Contract as,f attached to this Agreement or repeated herein. The Contract represents the entire -and integrated agreement tietween the parties hereto and supersedes prior negotiations, representations oragreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the ConttactDocuments to be the responsibility of others. Bid Requirements: Provide all labor, material, equipment and permits to complete the Site clearing, Earthwork, Utilf6esand Asphalt paving as noted on the construction documents and per the following: Section'.311000 -Site Clearing Section 312000 - Eartli Idoving Section 321216 -Asphalt Paving Section 321313 -Site Concrete Paving* Section 331100- Site Domestic Water Distribufion Section 331300- Site Sanitary Sewer Section 334100 -- Storm Drainage & Gravity Irrigation **As applicable to this scope of work This contract specifically includes but is not limited to: • Provide all site demolition and site clearing in accordance with the construction documents. This includes saw cutting, removal of asphalt, removal of fencing, and removal of vegetation. Strip, remove and haul all top soil off site as required in accordance with the censtructlon documents. • Perform all cu[ / fdl operations and bring site to proper sub grades. Provide, place and compact all structural fill as needed. Sub grade tolerances shall be as noted in the construcfion documents (net = 0) and excess materials appropriately disposed off -site. • Haul all unsuitable materials off site in accordance with construction documents. • Maintain, protect and repair existing surfaces and utilities which are to remain. • Construct building pads to proper sub grade elevations + or - .10 (net =0). • Provide excavation, nenching and backfill for work within this work package. • Provide and install dewatering systems as required to complete work for this work package. AIA Document A132Ta - 2009 formerly A101 ^"CMe-1882). Copyright®7975, 7900, 1992 and 2009 by The American Institute of Arohilects. All rights Inlt. reserved. WARNING: Thla AIA Document la protected by U.S. Copyright Law entl Intarnallonal Treatlee. Unauthorizetl reprotluctlon or tllatrlbutlon of thla AIA® Document, or any portion of It, may result In severe clvll antl criminal penaltlea, antl will he proaecutetl to the maximum extent poaelble antler / the law. This document was produced by AIA software at 10:08:01 on 00/20/2012 under Order No.5907420000_1 which expires on 01117/2013, end is not for resale. User Notes: (1265970700) • Provide excavation and backfill for all site concrete. Include backfill to proper sub grades around all site concrete including but not limited to sidewalks and trash enclosure. •' `Provide and place aggregate base for all site concrete and asphalt paving as indicated by consrtuction documents. .Aggregate base under concrete shall be + or - .10 (net =0). • Provide excavation and backfill for all building concrete. This includes the trash enclosure. • Provide and place aggregate base for all building sUUClures wncrete slab on grades as indicated by the construction documents. Aggregate base under concrete shall be + or - .10 (net = 0). • Provide imported topsoil, place and rough grade to specified depths. Topsoil to be+ or - .10 (nett). • Construct temporary access pad around building. Pad shall extend 20' from exterior foundation wall around entire perimeter of building. Access pad shall consist of 12" of 6" minus pit run. Top of 12" section shall be al sub Bade elevations. • Include repair and grading for all pit run azeas exposed over winter prior to landscaping (topsoil placement), asphalt paving and concrete activities. • Set storm drains to collect water through winter, raise when storm drains when completing'/< grading in spring. • Provide and placepit run, aggregate base and asphalt paving per construction documents. Provide patching of existing asphaltas necessary to. complete all work noted in this work package. • Saw: cut clean lines for riew asphalt edges abutting soft materials. • Placerecycled asphalt per the construction documems. (Recycled asphalt is owner furnished and currently stocked piled on site). • Provide final clean upof existing recycled asphalt stock pile area. (Native seeding by landscape). - Provide and place!alI Integral curb and gutters and valley gutters as indicated on the construction dmwings including providing and placing'/a" base gravel under curbs, gutters, valley gutters. Provide striping for all asphalt and concrete paving as indicated. Include all painted symbols and stencils. '. Provide and install all exterior post and panel signs. Include excavalion, backfill, concrete footings, poles and signs. • Finnish and install a complete domestic water service line as indicated in the construction documents. Stub water service line to witfiin Y of building. This includes, but not limited to, fire hydrants and meter setter assemblies. •. Furnish and installs'complete sanitary sewer system as indicated inthe wnstruction documents. Smbsewer line to within 55 of buildtng.Thisincludes the 4" sewer to the Flammable Liquid Interceptor. • Furnish andinsfalla complete storm drainage system as indicated in the construction documents. This includes roof drain -inlet catch basins. '. • Furnish and installa'mmplete gravity Irrigation system as indicated by the construction documents. Make all necessary - modifications to. ezisfing gravity irrigation and surfaces to complete the installation. • Coordinate the natural gas line and installation with Intermountain Gas Company. • Furnish and install all concrete related to utility work in this bid package. This includes wnaete collazs. • Provide all labor and materials for weather protection as required for this work package. Provide and maintain all erosion and wnrtol and SWPPP requirements for this scope of work in accordance with the construction documents. Monitor and maintain until final stabilization is in place. This includes street sweeping and dust controlas itporlains to this scope while on site. Contractor: toprovide all water require to complete work operations under this work package. Water is not available on -site. • ladludeall applicable permits and fees required to complete work within this work package, including RO. W. permits. • Provide traffic centrol asrequired for all work within this work package. • Civil drawing elevations are based upon sea level datum. Architectural and srtuchual drawings are based on finish floor equal4o 100. • Include a $25,000 allowance in the base bid to be used at the sole discretion of the Construction Manager. • Provide all survey work required for this work package. Surveyor to be registered in the Stake of Idaho. Reference Instructions to bidders book -Construction Facilities and Temporary Controls for survey provided by Construction Manager. • Scope ofthework remains the same for all buildings identified in the construction documents. • Scopeof work--.for alternates remains the same as base bid (as applicable). • Provide, install, maintain, and remove (I) additional stabilized construcfion entrance. Location to be determined by canstructionmanager. This contract specifically excludes: • Site Furnishings • Underslab vapor barrier and rigid insulation. • 1500'Gallon Flammable liquid Interceptor and back side piping to build. • Wash bay curb by others. • Site Sidewalks. AIA Document A132ra-2009 formedy A101r"CMa-1992). Copyright®1975,1880, 7892 end 20096y Tha American Institute of Architects. All rights Init. reaervetl. WARNING: 7hla AIA Document Is protected by U.S. Copyright Law and International Trestles. Uneuthodzed reproduction or dletrlbutlon of thla AIA® Document, or any portion of Il, may result in severe civil and crlminel penalties, antl will he prosecuted to the maximum extent poselhle under / the law. This document was produced by AIA sofhvere et 70:08:01 on 08/28/2012 under Order No.5907428900_1 which expires on 01/17/2013, antl Is notfor resale. User Notes: (1285978708) ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated - - below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differsfrom the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) h' The' commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires fime 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 shalladhieve Substantial Compleflon of the entire Work not later than ( )days from the date of commencement, or as follows: dJJ (InserGnamber of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. 7f appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) The Contractor shttll'actiieve>Substantial Completion of the entire Work not later than May 3Q, 2013. (Table deleted)°;'" subjectlto adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus payments for early completion of the Wark) Ixr the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay tothe Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) or''/a%ofthe Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Timeuntil=Substantial Completion is achieved; provided that the Contractor shall not be liable for liquidated damages for a'day, or days of the excusable de]ay occurring during such period following the end of the Contmcf:Time. ARTICLE 4'1-.CONTRACT SUM §.. 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the 'Contract. The Contract Sum shall be one ofthe following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance .with Section 4.3 below [ ]' Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based an the selection above, complete Section 4.2, 4.3 or 4.4 below. Based an the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Four Hundred Eighty-Seven Thousand Five Hundred Dollars and Zero Cents ($ 487,500.00 ), subject to additions and deletions as provided in the Contract Documents. Base Bid $487,500.00 AIA Document A132T"'-2009 formerly A101T°CMa -1992). Copyright ®1975, 1980, 1992 end 2009 by The Amedcen Institute of Architects. All rights Init. reaervetl. WARNING: This AIA Document is protected by U.S. Copyright Lew and Intarnetlonel Traetlea. Unauthorizetl reprotluctlon or dletrlbutlon of 4 this AIA® Document, orany portion of It, may result In severe civil antl crtminal penalties, end will ba prosecuted to the maximum extent poaelhle antler y the law. This document was produced by AIA software at 10:06:07 on OB/28/2012 under Order No.5907428600_1 which expires on 01/17/2013, and is not for resale. User NOtea: (126597B70B) § 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 thee. numbers or other idenhftcation of accepted alternates. lithe bidding orproposal documentspermitttie 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 Unitprices, if arty:. (identify and state the.-untprice, and state the quantity limitations, if arty, to which the unltprice wit[ be applicable.) Item< Units and Llmitatlons Price per Unit ($0.00) § 4.2.4 Allowances included iithe Stipulated Sum, if any: (Identify allowance and state :exclusions, if arty, from the allowance price.) Item:' Allowance §' 4!3 Cost ofthe 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 ExhibitA, 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.J §; :4.3.3 The method of adjustment of the Contractor's Fee for changes hr 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]?roject. § 4.3.6 Unit prices, if any: (Identify and state the unitprice;`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 withinl4 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work. § 4.4 Cost of 'the Work Plus Contractor's Fee with a Guaranteed Maximum Price §' 4'.4:1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor's Fee. § 4.4.2 The Contractor's Fee: (State a Zump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) AIA Document A102T'"-2009 formerly A707'^'CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rlghta Init. reserved. WARNING: This AIA Document la prolectetl by U.S. Copyright Law antl International Trestles. Unauthorizatl reproduction or tllatrlbutlon of this AIA® Document, orany portion of It, may result In severe clvll and crlminal penaltlas, antl will be prosecuted to the maximum extant poaelble under t the law. This document was producetl by AIA software a110:06:01 on 08/28/2012 under Order No.5907426800_7 which expires on 01/17/2013, end is not for resale. User NOtea: (1285978708) § 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 standard rate paid at the place of the: Project. -.-'§-- 4:4.6 Unit Prices, if any: (Identify and state thee. unit price, and state the quantity limitations, if arty, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.4.7 Guaranteed-Maximum Price § 4,4.7.1 Thesum ofthe Costofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred'4o in the Con&act 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 arty savings.) § 4.4.7.2 The Guaranteed`Maximum Price is based on the following alternates, if any, which are described in the ~~~d.CoritracfDocumentsand are hereby accepted by the Owner: § 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any: (Identfy and state the amounts of arty allowances, and state whether they include labor, materials, or both.) Jtem Allowance § 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE''5 PAYMENTS § 5.1 Progress Payments § 5:1.1 Based upon Applications for Payment properly submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A102TM- 2009 (formerly A701T'"CMa-1992). Copyrlght ®1975, 1980, 1992 antl 2009 by The Amadcen Institute of Architects. All rights Init. reaervatl. WARNING: Thla AIA® Document la protected by U.S. Copyrlght Law and Intemetlonel Trestles. Uneuthodzed reprotluctlon or tllatrtbutlon of thla AIA® Document, or any portion of It, may result In severe clvll antl crlminal penaltlaa, antl will be prosecuted to the mexlmum eztant poaslble antler t the law. This document was produced by AIA software al 10:06:01 on 06/28/2012 antler Order No.5907426800 1 which expires on 01!17/2013, and is not for resale. User Notes: (1265976706) § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty (30) days after the Constmction Manager receives the Application for Payment. (Federal, slate or local laws may require payment within a certain period of rime.) §5a:4Progress Payments Where the Contract Sum is Based on a Stipulated Sum „§ , 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the 'Contractor and approved. in writing by the Construction Manager and Architect in accordance with the Contract Documents. The schedule ofvalues shall allocatethe entire Contract Sum among the various portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and .Architect may requii'e.Tliis schedule, when, and only when, approved hr writing by the Construction Manager or Architect,: shall be usedas 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 porton of the Work as of the end of the period`coveredby the Application for Payment. `':§ 5';1'.4;3 Subject to the provisions ofthe ContractDocuments, the amount ofeach progress payment shall be computed as follows: ~ .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by .2 .3 .4 .5 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; Add thatportion 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 %); Subtract the aggregate of previous payments made by the Owner; 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 Subtract amounts, if any, being withheld by the Owner or Constmction 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, upomSubsfahtial-Completion of the Work, a sum sufficient to inaease the total payments to Ninety-five pei•cenf( 95.00 %) of the Contract Sum, less such amounts as the Consruction 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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Compleuion of the entire Wor/c, 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 reductiorrin-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. AIA Document A772T"`-2008 formerly A101 T°CMa -1992). Copyright ®7975, 7980, 1982 end 2009 by The American Institute of Architects. All rlghta Init. reserved. WARNING: This AIA Document la protected by U.S. Copyright Lew end International Treatise. Unauthorizetl reprotlucllon or tlletdbution of this AIA® Document, or any portion of it, may result in severe civil and criminal peneltles, and will be proaecutad to the maximum extent possible under y the law. This document was producetl by AIA software at 10:06:01 on 08/20/2072 under Order No.5907426600_1 which expires on 01/77/2073, and is not for resale. User NOtes: (1265978708) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price §'S.1[5:1'With each Application for Payment, the Contractor shall submit the cost wntrol information required in .Exhibit A; Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or ihvoides'with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Applicaton for Payment. §'--_ 5.1.5.2 Applications forPayment shall show the Cost of the Work actually incurred by the Contractor through the end of the period coveredby the Application for Payment and for which the Contractor has made or intends to make actualpaymentpriontothenextApplicaflonforPayment. § 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 Conhactor'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 resultingfrom errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtract amounts, if ang for which the Construction Manager or Architect has withheld or withdrawn a Certificate for,Payment as provided in Section 9.5 of AIA Document A232T"'-2009, General Conditionsof 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 reviewand approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts inaccordance with those agreements. § 5.1.5.5 11t taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely ottthe accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or arithmefic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the 'CottstructionManager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and'.Architectheve madekxaminations to ascertain how or for what purposes the Contractor has used amounts previously paid on acwunt of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed'bythe Owner's auditors acting in the sole interest of the Owner. § 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §.5.1.6Pragress Payments Where the Contract Sum is Based on the Cost of the WGrk with a Guaranteed Maximum Price § 5.1.6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices.. or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to tlteContractor'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 ofvalues shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its AIA Document A702Ta -2008 formerly A701T°CMa-1992). Copydghl ®1975, 1980, 1892 and 2009 by The American InstiNle of Architects. All rights Init. reserved. WARNING: This AIA Document le protected by U.S. Copydght Law antl Intarnatlanel Treatise. Uneuthodzed reproduction or dletdbution 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 poael6le antler ) the law. This document was produced by AIA software a110:06:01 on 09/28!2012 under Order No.5907428800_1 which expires on 01/17/2013, and is not For resale. User Notes: (1265978708) accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1:6:3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) tlis 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 ofvalues. § 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as;8ollows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion ofthe Work by the share of the Guaranteed Maximum Price allocated to that portion of the Worlc in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as-provided in Section 7.3.10 of AIA Document A232-2009; :2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainage of percent ( %). The Contractor's Fee shall be computed 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 Workbears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 : Subtract retaihage 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_sltortfall, if any, indicated by the Contractor in the documentation required by Section 5:1:6.1 tosubstantiate 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 executesuticontracts in accordance with those agreements. § ,5.1.6.67In taking''action on the Contractor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy.. and completeness of the information furnished by the Contractor and shall not be deemed to represent thatthe 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 orArchitect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect havemade 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, ifrequired by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.1.6.7 Exceptwith the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipmentwhich have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when :1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of ATA Document A232-2009 as modified, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and AIA Document A102TM - 2008 formerly A701 T'"CMa-1882). Copydght ®1975, 1980, 7992 and 2009 by Tha Amedcen Insgtute of Architects. All rights Init. reserved. WARNING: This AIA Document la protected by U.S. Copyright Law and International Treatlea. Unauthodzed reproduction or tlletrlbutlon of thle AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will he prosecuted to the maximum extent poaslble under / the law. This document was predated by AIA software at 10:06:01 on 08/28/2012 under Order No.5907426800 1 which expires on 01/77/2019, and Is net/or resale. User Notes: (1285878798) .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect such final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serveas 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. (Lf the parties mutually agree, insert the name, address and other contact informah'an of the Initial Decision Maker, if other than the Arohitect) § 6.2 Binding-.Dispute Resolution For any Claim subject to, but+not resolved by, mediation pursuant to Section 15.3 ofAIA Document A232-2009 as modified; the method of binding dispute resolution shall be as follows: (Check the appropriate bar. 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 liri'gatiodin a court of competentjurisdicticn.) [ ].- ...Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ],. Litigation irr.. a court of competent jurisdiction. [ ] Other:: (Spec fy) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the ContracPSum is a Stipulated Sum ,. § .7.1.1 The Contract maybe terminated by the Owner or the Contractor as provided in Article 14 of AIA Document ' -A232-2009 as modified. § 71.2 They Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009 as modified: § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7:2.1 '. Subjecftothe provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor asprovided in-....Article 14 of AIA Document A232-2009. §,, 7.2.2 The Contract maybe terminated by the Owner for cause as provided in Article 14 of AIA Document 'A232-2009; however, the Owner shall then only pay the Contractor an amount calculated as follows: .7 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate .stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an '..amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of ' termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtractthe 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 wndition of receiving the payments AIA Document A732TM-20091formerly A101T"'CMa-19921. Copyright®7975, 1960, 1992 antl 2008 by The American Instltule of Architects. All rlghta Inrt• reserved. WARNING: This AIA& Document la protected by U.S. Copyrl0ht Law and International Treaties. Unaulhodzed reproductlan or dlatdbutlon of ~D thla AIA® Document, or any portion of It, may result In severe clvll and crlminal penalties, antl will be prosecuted to the maximum extant poaslhle antler t the law. This document was produced by AIA software at 10:06:01 on 09!2612012 under Order No.5907426800_1 which expires on 01/77/2013, antl is not for resale. User Notes: (1265979709) 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. §'--T3.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009; in such case„the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232-2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections 43312 and 4.4.2 of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8:1 Whereaeference 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 unpai8 under the Contract shall bear interest from the date payment is due at the rate stated below, or iii_tlte 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!ather information) Keith Watts, Purchasing Manager Ciry;ofMeridian Purchasing Department' 33 East Broadvvay!Avenue Meridian, Idaho'83642 § 8.4 The Contractor's representative: (Name, address and other information) Kris Jensen Lurre Construction, Inc. 306 Badiola-Street Caldwell, IdahoS3605 Telephone Number: 208-459-8624 :Fax Number: 208-459-9661 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other parry. § 8:6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: AIA Document AL 32*a - 2009 formerly A101 T"CMa -1882). Copydghl ®1975, 1960, 1992 end 2009 by Tha Amedcen Institute of Amhllacrs. All rights Init. reservetl. WARNING: This AIA Document la protected by U.S. Copyright Law and Internetlonel Trestles. Unauthorized reproduction or dlatrlbutlon °f 11 thla AIA® Document, or any portion of It, may result In severe clvll end cdminal peneltlee, and will he proaecutetl to the maximum extent poselble under t the law. This document was produced by AIA software at 10:08:01 on 06/26/2012 under Order No.5907426600 1 which expires on 01/17/2013, and is not for resale. User Notes: (1265970706) Document Title Date Pages I" " Exhibit A Contract Document Schedule 8/23/2012 2 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Contract Document Schedule, Exhibit A, dated August 23, 2012 (Table deleted) § 9:1.5 The Drawings;,.'' (Either list the Drawings here ar 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 Date Pages One 8/10/2012 24 Two 8/17/2012 432 Portions ofAddenda relating tobidding requirements are not part of the Contract Documents unless the bidding equirements are also enumerated in this Article 9. §':9:1.7 Additional documents, if any, forming part of the Contract Documents are: .1 AIA Document A132TM-2009, Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: ~ N/A .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following:..'. N/A .4 Otherdocuments, if any, listed below: (Lsthere arty additional documents which are intended to form part of the Contract Documents. AIA Document A232 2009 provides that bidding requirements such as adverh'sement or invitation to bic~ Instructions to Bidders, sample forms and the Contractor's bid are notpart of the Conh•act Documents unless enumerated'ih this Agreement They should be listed here only if intended to be part of the Contract Documents.) All bindingdocuments 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 Referto.Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 "Insurance and Bonds". Contractor is required to provide 100%Payment and Performance Bonds. (State bonding reguirements, if any, and limits of liability for insurance required in Ark'cle 11 ofA7A Document A232-2009.) AIA Document A732T"'- 20091formerly A707 T"'CMa-1992). Copyright ®1975, 1880, 1992 end 2009 by The American Ins0lule of Architects. All rights Init. reservetl. WARNING: This AIA® Document le protected by U.S. Copyright Law antl Intarnatlonal Trestles. Unauthodzed reproduction or dlatributlon of 12 this AIA® Document, or any portion of It, may result In severe civil and criminal penaltlea, end will be proaeculetl to the maximum extant poaelhle under t the law. This document was produced by AIA software at 10:06:01 on 08!26/2012 under Order No.5907420900_1 which expires on 01/7712013, and is not for resale. User Notes: (1266976706) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement is entered into as of the day and year first written above. .' `~~,,, ~~~..~. OWNER (Si re) T TOR (Signature) Tammy de Weerd ,Mayor ,,~,,~~~ ~~~~~~` ~`~~~ S r •.~~~~ (P~inted name and title) (Printed name and title) AIA Document A132T"' - 2009 formerly A101 T"'CMa -1992). Copyright ®1975,1980,1992 and 2009 by The American Institute of Architects. All rights Init. reserve ®. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ~ the law. This document was produced by AIA software at 10:06:01 on 08/2812012 under Order No.5907428800_1 which expires on 01/17/2013, and is not for resale. User Notes: (1265978708) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian Parks & Recreation Maintenance Facility 1700 East Lanark Street Meridian, Idaho 83642 KC PROJECT NO. 12-021 August 23, 2012 PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project team: Architect -Insight Architects Structural Engineer-AHJ Engineers Mechanical and Plumbing Engineer -Musgrove Engineering, P.A. Electrical Engineer- DC Engineering Civil Engineer -Erickson Civil Landscape Architect -South Landscape Architecture, P.C. PROJECT MANUALS Instructions to Bidders -Part 1, Complete -Dated July 30, 2012 Project Manual Part 2, Complete -Dated July 30, 2012 ADDENDA: Addendum No. One dated August 10, 2012 (24 pgs) Addendum No. Two dated August 17, 2012 (432 pgs) DRAWINGS COVER -Dated 713112 0 1 2 A0.1 Cover Sheet ARCHITECTURAL SITE PLAN -Dated 7/31/2012 A1.0 Site Plan A1.1 CIVIL -Dated 7 /3 012 0 1 2 C1.0 Cover Sheet /Notes C1.1 C2.0 Grading & Drainage Plan -Overall C2.1 C2.2 Grading & Drainage Plan -Area 2 C2.3 C2.4 Roadway Plan & Profile - E. Nola Rd. C3.0 C3.1 Sewer Plan & Profile C3.2 C4.0 Site & Grading Details C4.1 C4.2 Irrigation Details C4.3 C4.4 City of Meridian Standard Details -2 C5.0 C5.1 Stormwater Pollution Prevention Plan - 2 LANDSCAPE -Dated 7/31/2012 or as indicated below L1.0 Landscape Cover Sheet L2.0 L2.1 Landscape Plan L3.0 L3.1 Irrigation Plan (dated 7/18/2012) L4.0 ARCHITECTURAL -Dated 7/31/2012 BLD -A A2.OA Overall Floor Plan A2.1A A2.2A Floor Plan Shop B & C A2.3A A3.OA Reflected Ceiling Plan A4.OA A5.OA Exterior Elevations A6.OA Meridian Parks & Recreation Maintenance Facility Page 1 of 2 Site Details 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 7/16/2012) Irrigation Details (dated 7118/2012) Floor Plan Office /Shop A Floor Plan Shop D Roof Plan Building Sections Augusl23, 2012 A6.1A Wall Sections A6.2A Wall Sections /Details A7.OA Interior Elevations /Details A6.0 DoodWindow 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 713112012 51.0 Structural General Notes 51.1 Special Inspections S2.OA Foundation Plan Bld A S2.OB Foundation Plan Bld B S2.OC Foundation /Roof Framing Plan Bld C S2.OD Foundation /Roof Framing Plan Bld D S3.OA Roof Framing Plan Bld A 54.0 Structural Details -Foundation 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 7/30/2012 P1.0 Plumbing Plan - Building A P1.1 Plumbing Plan -Building C P2.0 Plumbing Details P3.0 Plumbing Schedules ELECTRICAL -Dated 7/3012012 E0.0 Electrical Cover Sheet E0.1 Site Electrical Plan E0.2 Electrical Roof Plan E1.0 Power Plan -Building A E1.1 Power Plans -Building B, C, & D E2.0 Lighting Plan -Building A E2.1 Lighting Plans -Building B, C, & D E3.0 One Line Diagram and Panel Schedules E4.0 Lighting Controls & Compliance Meridian Parks & Recreation Maintenance Facility August 23, 2012 Page 2 of 2