Standard Form of Agreement with TMC, Inc. for Masonrym
=~_= IA Document A132TN - 2009
Standard Form of Agreement Befween Ownerand Confractor,Construction Manager as
Adviser Edition
Bid Package No. 5-Masonry
ADDITIONS AND DELETIONS:
AGREEMENT made as of the Twenty-Forth day of August in the year Two Thousand The author of this document has
Twelve added information needed for its
(In wards, 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 informa[ion) Deletions Report that notes added
information as well as revisions to the
City Of Meridian standard farm 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.
TMC, Inc. This document has important legal
2313 West Overland Road consequences. Consultation with an
Boise, Idaho 83705 attorney is encouraged with respect
Telephone Number: 208-331-8200 to its completion or modification.
Fax Number: 208-331-8301
Thls document Is Intended to be used
foi the following PCOject: In conjunction with AIA Documents
T^'
(Name, location and detailed description) A232
-2009, General Conditions of
the Contract for Construction,
Construction Manager as Adviser
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: C132*a-2009, Standard Form of
(Name, legal status, address and other information) Agreement Between Owner and
Construction Manager as Adviser.
I{reizenbeck, LLC DBA I{reizenbeck Constructors,
11724 West Executive Drive AIA Document A232T"'-2009 is
Boise
Idaho 83713 adopted in this document by
,
Telephone Number: (208) 336-9500 reference. Do not use with other
Fax Number: (208) 336-7444 general conditions unless this
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 A132TM -2009 formerly A107T'"CMa -1892). Copyri9hl®1975, 1960, 1992 and 2009 by The American Institute of Architegs. All rlghta
Init. reserved. WARNING: This AIA Document Is protected by U.S. Capydght Law and International Treaties. Unauthodzed reproduction or tllatrlbutlon of
thla AIA° Document, or any podlon of it, may result In severe civil and criminal penaltlea, and will he proaecutetl to the maximum extent posalhle under
) the law. This document was produced by AIA sofhvere e111:04:56 on 06/28/2072 under Order No.5907428800 1 which expires on 01/17/2013, end is not for
resale.
User NOtes: (791823702)
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
S MISCELLANEOUS PROVISIONS
9 ENUMERATION OF.Ia)NTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Dowmentsconsist 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 ofwhich form the Contract, and are
as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral, An enumeration of the Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in
the Contract Documents to be the responsibility of others.
Bid Requirements: Provide all labor, material and equipment to complete the masonry work as noted in the
construction documents and per the following:
Division 1-General Requirements
Section 042000-Unit Masonry
Section 076200 -Sheet metal flashing and trim''
Section 079200 -Joint Sealants**
** As applicable to this scope of work
This contract specifically includes but is not limited to:
• Furnish and install all CMU masonry assemblies complete in accordance with the construction documents. Including the
outlying buildings and trash enclosure.
• Receive, install and grout hollow metal frames and miscellaneous embedded items located in structural
masonry walls.
• Grind CMU smooth For reglet flashing as indicated by the construction documents.
• Provide shoring and bracing for your work, including blockouts for all masonry. Remove when wmplete.
• Provide and install all anchor bolts embedded in masonry as per the construction documents. Including the
anchor bolts embedded into bond beams.
• Install all miscellaneous embedded steel fabrications in masonry plumb, level and clean ready for following trades.
Embed steel provided by others.
• Furnish and Install all reinforcing steel for masonry under this work package.
• Provide insulated blankets and labor far weather protection of masonry work as required.
• Caulk all Masonry-Masonry, Masonry-Hollow Metal and Masonry-Concrete joints.
• Grout beam pockets solid in all CMU walls.
AIA Document A132T• -2009 fformerly A701T•CMa-1992). Copydght ®1975, 1900, 1992 end 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: Thla AIA® Document is protected by U.S. Copyright Lew and International Treatlea. Unauthorized reproduction ar tllatdbution oTj
this AIA® Document, or any portion of It, may result In severe civil antl cdminal penalties, and will be prosecuted to the maximum extent possible antler
/ the law. This document was produced by AIA software at 11:04:56 on 08/28/2012 antler Order No.5907429600_7 which expires on 01/1712013, and is not for
resale.
User Notes: (791823702)
• Wash all exterior CMU masonry in accordance with the construction documents.
• Protection of the wncrete slabs and adjacent surfaces from damage during the masonry work.
• Shrink wrap all block to prevent chips or damage during txanspottation.
• Dispose of all masonry refuse off-site.
• Furnish and install all masonry flashings for complete masonry system, as required for this scope of work.
• All Construction shall follow OSHA standazds and requirements.
• Drill and epoxy anchor as required.
• Include a $12,000 allowance in the base bid to be used at the sole discretion of the Cons[rucfion Manager.
• 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)
• Provide drilling and epoxy for rebaz dowels in interior masonry wall footing locations per revised detail (6/54.0) shown
in Addendum No. 2.
This contract specifically excludes:
• Furnishing of the hollow metal frames.
Installafion of hollow metal frames interior non masomy walls.
Temporary Heaters and Fuel.
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 of commencement, if it dyers from the date of this Agreement or, ifappdicable, state that the date will
be fixed in a notice to proceed.)
The commencement date will be fixed in a notice to proceed.
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other
security interests, the Owner's fime requvement shall be as follows:
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date
of commencement, or as follows:
(Insert num7ier ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work.)
The Contractor shall achieve Substantial Completion of the entire Work not later than May 30, 2013.
(Table deleted)
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions; if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus payments forearly completion of the Wark.)
In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the
Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars
($1,000.00) or'/<% of the Contract Value (whichever is greater) for each and every calendar day following the end of
the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for
liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the
Contract Time.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropriate box.)
AIA Document A132T"- 2009 formerly A101T"CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Inlt, reservetl. WARNING: Thla AIA Document Is protectetl by U.3. Copyright Law and International Trestles. Unauthadzetl reproduction or distribution of
this AIA® Document, or any portion of a, may result In severe civil antl criminal penalties, end will he prosecuted to the maximum extent possible under
1 the law. This document waspmduced by AlA software at 11:04:56 on 08/28/2012 under Order No.5907426800_1 which expires on 01/17/2013, antl is notfor
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[ X ] Stipulated Sum, in accordance with Section 4.2 below
[ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance
with Section 4.3 below
[ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 4.4 below
(Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete
either Section 5.1.4, 5.1.5 or 5.1.6 below.)
§ 4.2 Stipulated Sum
§ 4.2.1 The Stipulated Sum shall be Two Hundred Fourteen Thousand Three Hundred Twenty Dollars and Zero Cents
($ 214,320.00 ), subject to additions and deletions as provided in the Confract Documents.
~ ~ Base Bid _ ~ $214,320.00 ~
§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents
and are hereby accepted by the Owner:
(State the numbers ar other identification of acceptedalternates. !f the bidding arproposal documentspermittke
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amour+t for each and the date when that amount expires.)
N/A
§ 4.2.3 Unit prices, if any:
(Identify and state the uhit price, and state the guantlty limitations, if any, 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:
(ldent~ allowance and state exclzrsions, if arty, from the allowance price.)
Item Allowance
§ 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price
§ 4.3.1 The Contrail Sum is the Cost of the Work as defined in Exhibit A, Determination ofthe Cost ofthe Work, plus
the Confrailor's Fee:
§ 4.3.2 The Contractor's Fee:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.)
§ 4.3.3 The method of adjustment of the Contractor's Fee for changes h3 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.
AIA Document A132TM - 2009 `formerly A101T"CMa-1992). Copyright®1975, 1990, 1992 and 2009 by The American InsOtute of Architects. All dghte
IDIt. reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and Intematlonal Treatise. Unauthorized reproduction or distribution of
this AIA® Document, ar any portion of It, may result In severe civil and criminal penalties, antl will he prosecutetl to the maximum extent poasl6le antler
( the law. This tlocumenl was produced by AIA software a111:04:56 on 08/28/2012 under Order Nc.590742Sa00 1 which expires on 01/17/2013, and is not for
resale.
User NOtes: (791923702)
§ 4.3.6 Unit prices, if any:
(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)
Item
Units and Limitations Price per Unit ($0.00)
§ 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control
Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of
Exhibit A, Determination of the Cost of the Work.
§ 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price
§ 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus
the Contractor's Fee.
§ 4.4.2 The Contraotoi•'s Fee:
(State a lump sum; percentage of Cost of the Work ar other provision for determining the Contractor's Fee.)
§ 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work:
§ 4.4.4 Limitations, if any, oh a Subcentractor'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 ofthe Project:
§ 4.4.6 Unit Prices, if any:
(Identify and state the unitprice, and state the quanh'ty limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
§ 4.4.7 Guaranteed Maximum Price
§ 4.4.7.1 The sum of the Cos[ of the Work and [he Contractor's Fee is guaranteed by the Contractor not to exceed ($
), subject to addifions 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 arty savings.)
§ 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner:
§ 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any:
(Identify and state the amounts of arry allowances, and state whether they include labor, materials, ar both.)
Item
Allowance
AIA Document A732T'" -2009 (formerly A701 T"CMa-1992). Copyright ®1975, 7960, 1992 and 2008 by The American Institute o/Architects. All dghta
Inlt. reserved. WARNING: Thla AIA® Document Is protected by U.e. Copyright Law and Intematlonal Treaties. Unauthorized reproducllon or dlatdhution of
this AIA® Document, or any ponlon of It, may result in severe civil and criminal penalties, antl will be prosecuted to the maximum extent pasalble under
( the law. This document was produced by AIA software at 11:04:56 on 06/28/2012 under Order No.590742BB00_1 which expires on 01lt7/2013, antl is not for
resale.
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§ 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 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 Constructon 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 Construction Manager after the application date fixed above, payment shall be made by the Owner not later than
Thirty (30) days after the Constmction Manager receives the Application for Payment.
(Federal, state or local Laws may require payment within a certain period of time.)
§ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum
§ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor and approved in writing by the Construction Manager and Architect in accordance with the Contract
Documents. The schedule ofvalues shall allocate the entire Contract Sum among the various portions ofthe Work and
be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and
Architect may require. This schedule, when, and only when, approved in writing by the 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, [he 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 maybe 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 hr
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
AIA Document A132T"' - 2009 formerly A701 T•CMa-1992). Copyright ®1975, 7960, 1992 and 2008 by The American InsOtute of Amhitecls. All rights
Init. reserved. WARNING: This AIA Document le protected by U.S. Copyright Lew and Internatlonel Trestles. Unauthodzetl reproduction or dlatdbutlon of
this AIA® Document, or any partlon of It, may result In severe civil antl criminal penalties, and will be prosecuted to the maximum extent posalhle antler
/ the law. This document was produced by AIA software at 11:04:56 on 08/28/2012 under Order Na.5907426900_1 which expires on 01/17/2013, antl is not for
resale.
User Notes: (791623702)
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 Completion ofthe entire Work, 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 [he 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 ah•eady 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.
§ 3.1.5.3 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 hr 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, ifany, 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
Conditions of the Contract for Construction, Construction Manager as Adviser Edition.
§ 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for
review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subontracts, 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 furnished 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.
AIA Document A732TM -2009 formerly A101 `aCMa -1992). Copyright ®1875, 7980, 7982 end 2009 by The American Institute of Architects. All rights
Init. reservetl. WARNING: This AIA Document Is protected by U.S. Copyright Law end International Trestles. Unauthorized reproduction or tlistrtbution of
this AIA® Document, or any portion of It, may result In severe civil end criminal penalties, and will he proaecutetl to the maximum extent posalble antler
t the law. This document was protluced by AIA software e111:04:56 on 09/28/2012 under Order No,5907429900 1 which expires on 01!17/2013, and Is not for
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§ 5.1.5.6 Except with [he Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed
Maximum Price
§ .5.1.6.1 With each Application for Payment, the Connector shall submit payrolls, petty cash accounts, receipted
invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to
demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or
exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable
to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
§ 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor ih accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum
among the vazious 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 bythe Application for Payment. The percentage of completion shall be the lesser of (1) the
percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing
(a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the
Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of
the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
§ 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined 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 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 hr 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 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 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 (I) mutually acceptable procedure for review and approval
of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall
execute subcontracts in accordance with those agreements.
§ 5.1.6.6 In taking action on the Contractor's Applications for Payment, [he Construction Manager and Architect shall
be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be
deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic
verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the
Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction
Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts
AIA Document A132T"- 2009 (formerly A101 T"CMe -1992). Copyright ®1975, 1980, 1992 antl 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: Thie AIA® Document Is protected by U.S. Copyright Law antl International Trestles. Unauthorized reproduction or tlistdbution of
this AIA° Document, or any portion of It, may result In severe civil end crlminal penalties, antl will be prosecuted to the maximum extent posalble under
/ the law. This document was protluced by AIA software at 11:04:56 on 08/28/2012 under Ortler No.5907428800_t which expires on 01!77/2013, and Is not for
resale.
User Notes: (791823702)
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 h1 the sole interest of the Owner.
§ 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.2 Final Payment
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other
requiremelrts, if any, which extend beyond final payment;
.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A,
Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or
without a Guaranteed Maximum payment; and
.3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect such
final payment shall be made by the Owner not more than 30 days after (1) the Contractor has fully
performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate
for Payment, or as follows:
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 Initial Decision Maker
The Architect will serve as htitial 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 partfes 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 subseguently agree in writing to a binding dispute resolution method other than litgation, Claims will be
resolved by litigation in a court ofcompetentjurisch'ction.)
[ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009.
[ X ] Litigation in a court of competent jurisdiction.
[ ] Other: (Specify)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 Where the Contract Sum is a Stipulated Sum
§ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A232-2009 as modified.
§ 7.1.2 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A232 2009 as
modified.
§ 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price
§ 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the
Contractor as provided 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;
AIA Document A102T'"- 2009 (formerly A101 `"CMa-1892). Copyright ®1975, 1980, 1992 antl 2009 by The American Institute of Architects. All rights
Irit. reservetl. WARNING: This AIAt Document Is protected by U.S. Copyright Law and Intematicnal Treaties. Unauthorized reproduction or dlalrlbutlon of
thla AIA® Document, or any portion of it, mey result In severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible under
t the law. This document was produced by AIA sa(Iwere et 11:04:56 on 06/26/2012 under Order No.5907426600 1 which expires on 01/17/2013, and is not for
resale.
User Notes: _ (791823702)
.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate
stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an
amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of
termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and
.3 Subtract the aggregate of previous payments made by the Owner.
§ 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a
Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232-2009, the amount, if 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 fa7r 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 al] 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 Contmct 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 tlus Agreement.
ARTICLE 8 MISOELLANEOUS 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 any.)
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
§ 8.4 The Contracror's representative:
(Name, address acid other information)
Tim McGourty
TMC, Inc.
2313 West Overland Road
Boise, Idaho 83705
Telephone Number: 208-331-8200
Fax Number: 208-331-8301
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
AIA Document A732ie -2009 forenerly A107 T°CMa-1992). Copyright ®1875, 1990, 7992 end 2009 by The American Instihte of Architects. All dghts
Init, reserved. WARNING: This AIA Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or dlstdbutlon of ~ ~
this AIA® Document, or any portion of It, may result In severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible under
) the law. This document was produced by AIA software at 11:04;66 on 09!2912012 under Order No,6907428900 7 which expires on 01/17/2013, and is not for
resale.
User Notea: (791923702)
§ 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:
Document Title Date Pages
Exhibit A Contract Document Schedule 8/23/2012 2
§ 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
(Tdble deleted)
§ 9.1.6 The Addenda, if any:
Number
One
Two
Date Pages
8/10/2012 24
8/17/2012 432
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 A132T"r-2009, Eachibit 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 E202T'"-2008, Building Information Modeling Protoco] Exhibit, if completed, or the
following:
N/A
.4 Other documents, if any, listed below:
(List here arty additional documents which are intended to form part of the Contract Documents. A/A
DocumentA232-2009 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.)
AIA Document A132T"' - 2009 formedy A101 T•CMa -1982). Copyright ®1975, 1880, 1982 end 2008 by Tha American Institute of Architects. All rights
Init. reaervetl. WARNING: This AIA Document Is protected by U.S. Copyright Law and Intarnatlonel Treatise. Unauthorized reproduction or dlatrlbutlan of 11
thla AIA® Document, orany portion of It, may result In severe civil and cdminal penalties, and will be prosecutetl to the maximum extent posalble under
t the law. This document was produced by AIA software at 11:04:56 on 09/2tU2012 under Order No.5807426800_1 which expires on 01/77/2013, and is not for
resale.
User NOtes: (781923702)
All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental
Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the
Contract Documents.
AIA Document A232-2009 General Conditions
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document
A232-2009 as modified
Refer to Su lemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11
Pp
"Insurance and Bonds".
Contractor is required to provide 100% Payment and Performance Bonds.
(State bonding requirements,.. if any, and limits of liability for insurance required m Article 11 of AIA Document
A232-2QO9.)
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.
' ~ ~~
OW ER (Sign e) CONTRACTOR (Signature)
r
~i ` 1J~1
Tammy de weerd ,Mayor.
(Printed name and title) (Printed name and title)
AIA Document A132TM - 2009 formerly A101 T""CMa -1992). Copyright ®1975,1980,1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12
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 11:04:56 on 08/28/2012 under Order No.5907428800_1 which expires on 01117/2013, and is not for
resale,
User Notes: (791823702)
CONTRACT DOCUMENT SCHEDULE (EXHIBIT A)
Meridian Parks & Recreation Maintenance Facility
1700 East Lanark Street
Meridian, Idaho 83642
KC PROJECT NO. 12-021
August 23, 2012
PROJECT DOCUMENTS as issued by Insight Architects and prepared by the following project
team:
Architect -Insight Architects
Structural Engineer-AHJ Engineers
Mechanical and Plumbing Engineer -Musgrove Engineering, P.A.
Electrical Engineer - DC Engineering
Civil Engineer -Erickson Civil
Landscape Architect -South Landscape Architecture, P.C.
PROJECT MANUALS
Instructions to Bidders -Part 1, Complete -Dated July 30, 2012
Project Manual Part 2, Complete -Dated July 30, 2012
ADDENDA:
Addendum No. One dated August 10, 2012 (24 pgs)
Addendum No. Two dated August 17, 2012 (432 pgs)
DRAWINGS
COVER -Dated 7/31/2012
A0.1 Cover Sheet
ARCHITECTURAL SITE PLAN -Dated 7/31/2012
A1.0 Site Plan A1.1
CIVIL -Dated 7/30/2012
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 7131/2012
BLD-A
A2.OA Overall Floor Plan A2.1A
A2.2A Floor Plan Shop B & C A2.3A
A3.OA Reflected Ceiling Plan A4.OA
A5.OA Exterior Elevations AO.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 7/18/2012)
Irrigation Details (dated 7!18!2012)
Floor Plan Office /Shop A
Floor Plan Shop D
Roof Plan
Building Sections
August 23, 2012
A6.1A Wall Sections A6.2A Wall Sections /Details
A7.OA Interior Elevations /Details A8.0 DoorNUindow Schedule & Details
Ag.O Details/Energy Compliance
BLD - B
A2.OB Floor/Roof Plans A3.OB Exterior Elevations
eLD - 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 /3 112 01 2
51.0 Structural General Notes S1.1 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 S4.0 Structural Details -Foundation
S5.0 Structural Details -Framing
MECHANICAL -Dated 7/3 012 0 1 2
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
Page 2 of 2