Standard Form of Agreement with Alpine Construction for Parks Maintenance Facility.~ ~ TT
- lA Document A132T" _ 2009
Standard Form of Agreement Between Owner and Contractor, Construction Manager as
Adviser Edition
Bid Paekage No. i7- Pre•Englneered Metal Building
ADDITIONS AND DELETIONS:
AGREEMENT made as of the Twentieth day of September in the year Two Thousand The author of this document has
Twelve added Information needed for Its
(!n lvords, indicate day, month andyear.) completion. The author may also
have revised the text of the odginal
BETWEEN the Owner: AIA standartl form. An Additions and
(Name, legal status, address and other infa7nation) Deletions Report that notes added
information as well as revisions to the
City of Meridian standard corm text is available from
33 East Broadway Avenue the author and should be reviewed. A
Meridian, Idaho 83642 venical 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
Alpine Construction, Inc. deleted from the odginal AIA text.
PO Box 190025 This document has impoNant legal
Boise, Idaho 837]9 consequences. Consultation with an
Telephone Number: 208-323-9525 attorney is encouraged with respect
Fax Number: 208-323-1895 to Its completion or modincation.
for the following Project; This tlocument is Intendetl to be used
(Name, location and detailed description) in conjunction with AIA Documents
Ta
A232
-2008, General CondiOons of
Meridian Parks & Recreation Maintenance Facility the Contract for Conslructton,
1700 East Lanark Street construction Manager as Adviser
Edkion; 8132""-2009, Standard
Meridian, Idaho 83642 Form of Agreement Between Owner
and Architect, Constructon Manager
as Atlviser Edition; and
The COnStrUChOn Manager: C132o^-2008, StandaM Form of
(Name, legal status, address and other igformation) Agreement Between Owner and
Consuuc8on Manager as Adviser.
Kreizenbeck LLC ABA Kreizenbeck Constructors,
11724 West Executive Drive AIA Document A232a""-2009 Is
Boise, Idaho 83713 atlopted in this document by
Telephone Number: (208) 336-9500 reference. Do not use wish 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 {f,omteNy A101TMCMe-1892). Copyright 411975,1990, 1692 end 2008 by The Amedcen lnaglute ofPrchRecle. All dghta
Init, reserved. WARNING This A1A" Document le protactad Uy U.5. CopyNght Lew and Intematlonal 7reatlos. Unauthodzad reproduction or dlatdbution of
this AIAm Document, ar any portion of It, may rasult In eovora civil and criminal psnaldss, and will be prosecuted to the maximum aMent poaelble under
t lha law. This documentwas produced byAlA Software at 11:17:03 on 09/20!2012 under Order No.6907429900 1 Which expires on 01117/2013, and is not for
resa'e.
Ueer Notes: (1097817017)
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
B MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of [he Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution ofthis Agreement, ali ofwhich form the Contract, and aze
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 agreemenu,
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 br the responsibility ofothers.
Bid Requirements: Provide all tabor, material, and equipment to complete work of design, furnishing and
installation of the Pre-Engineered metal building as noted in the construction documents and per the
following:
Division 1-General Requirements
Section 079200 - Joint sealants••
Section ]33419 •-• Metal Building Systems
** As applicable to this scope of work
This contract specifically includes but is not limited to:
• Provide all labor, material and equipment for the installation of the pre-engineered metal building which includes
structural flaming, metal roofing, metal wall panels, metal soffit panels, thermal insulation, doors and frames, sectional
door framed openings, and accessories ]n accordance with the construction documents.
• Provide engineered drawings [o Construction Manager and calculations within l5 days ofNotice to Proceed.
• Scope of the work remains the same for all buildings identified in the constmMion documents.
• Scope of work for alternates remoins the same as base bid. (es applicable)
This contract specifically excludes:
• Building excavation and backfill.
• Concrete foundations and slab on grade.
• Sectional Overhead Doors
AIA Document A132T°-2008 formedy A101 "'CMa-1882). Copyd9ht®1975,1990; 1992 and 2009 by The Amadcan NSOtule of ArchitecLS. All dghtn
InN. reearvatl. WARNING: This A1A Document Is protected by U.S. Copydght Law and Intomatlonal Trestles. Unauthodzetl reproduction ordlsW button at
this AIA• Docwnenp or any ponlon of It, may result In eovom civil and criminal panalttes,and will be prosecuted to the mazlmum extant posal6le antler
f iha law. This document was produced by AIA software et 11:17:07 on 0 9/2 012 012 antler Order No 5997429999 1 wh?ch expires on 01/17/2013, and Is not for
fa6ale-
UaerNOtea: 51097817017)
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 ofcammeneement if it differsfrom the date of this Agreement or, ifapplicable, 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 ofthe Work, the Owner requires time to file mortgages, mechanics' liens and other
security interests, the Owner's time requirement shall be as follows:
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date
of commencement, or as Follows:
(Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement Ifappropriate, insert regrtirements for earlier Substantial Completion of certain portions of the
Work.)
The Contractor shall achieve Substantial Completion ofthe entire Work not later than May 30, 2013.
Pattlon of the Work Substantial Completion Date
,subject to adjustments ofthis Contract Time as provided N the Contract Documents.
(Insert provisions, ifany, for liquidated damages relating tofailure to achieve Substantial Completion on time or for
bonus paymentsfor early completion of the Work)
In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the
Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars
($1,000.00) or %.%ofthe Contract Value (whichever is greater) for each and every calendar day following the end of
the Contract Time until Substantial Completion is achieved; provided that the Contractor shall not be liable for
liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the
Contract Time.
ARTICLE 4 CDNTRACT SUM
§ 4,1 The Owner shall pay the Contractor the Contmct Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be one of the following:
(Check the appropriate box.)
[ X ] Stipulated Sum, in acwrdance with Section 4.2 below
[ ) Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance
with Section 4.3 below
[ ) Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 4.4 below
(Based on the selectton above, complete Section 4.2, 4.3 or 4.4 belrnv. based on the selection above, also complete
either Section 5.1.4, 5.1. S or 5.1.6 below)
§ 4.2 Stipulated Sum
§ 4.2.1 The Stipulated Sum shall be Seventy-Two Thousand Four Hundred Eleven Dollars and Zero Cents ($
72,411.00 ), subject to additions and deletions as provided in the Contract Documents.
Ink. AIA Document Ai32TM-20094formerty A101TMCMa 1892). Copynghlm 1975,1990, 1982 antl 2009 by The Amedcen lnsONle ofArchllec~. All d9hta
reserved. WARNING This AIA Dacumont Is protected by U.S, Copyright Law and Intomatlonal Treatise. Unauthodzatl reproduction ar tliatnbution of
this AIAv Documenq or any portion of Iq may result In sovare clvli and criminal penaltlos, antl will 6e prosaculod to lho maximum artenl poeaibleander
t the law. This document was protlucetl by AIA software at 11:17:03 on 08/20/2012 antler Order No,6907428800 1 which expires on 01117!2013, antl is not for
resale.
User Notes: (1097617017}
Base Bid $72,411.00
§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents
and aze hereby accepted by the Owner:
(State the numbers ar other tdentification of accepted a/remotes. If the biddtng or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule ofsuch other
alternates showing the amountfor each and the date when that amount expires.)
NJA
§ 4.2.3 Unit prices, ifany:
(identify and state the trait 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)
§ 4.2.4 Allowances included in the Stipulated Sum, ifany:
(Identify allowance and state exclusions, lfarry, from the allowance price.)
Item
Allowance
§ 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price
§ 4,3.7 The Contract Sum is the Cosl of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus
the Contractor's Fee.
§ 4,3.2 The Contractor's Fee:
(State a hrmp sum, percentage of Cost of the Work ar other provision for determining the Contractor's Fee.)
§ 4,3.3 The method of adjustment of the Contractor's Fee for changes in the Work:
§ 4.3.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost ofits portion ofthe Work:
§ A,3,5 Rental rates for Contractor•owned equipment shall not exceed percent ( %) of the standard rate paid at the
place of the Project.
§ 4.3.0 Unit prices, ifany:
(Identify and state the unit price; state quantity limitations, ifany, to which the unit price will be applicable.)
Item
Units and Limitations Price per Unit ($0.00}
§ 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Ovmer, in writing, a Control
Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items ht Section A.l of
Exhibit A, Determination of the Cost of the Work.
§ 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price
§ 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination ofthe Cost ofthe Work, plus
the Contractor's Fee.
§ 4.4.2 The Contractor's Fee;
AIA Document A132^' - 2009 TormeHy AtOt "'CMa-1992). Copyd9hl m 1975, 1980, 1992 end 2009 by The American InsOtute of Architects. All Hghta
Ini4 reserved. WARNING: Thta AIA Document Is protected dy U.S. Copyrleht Law antl International Traatl69. Unauthonzatl rapratluotion or dletrloution of
into AIA® Documan4 orany portion of it, may recruit in severe civil and criminal penalttas, and wltl 6e proeacutod to the mazlmum oztent p°saible under
1 iha law. Thla document wes protluced by AIA sofhvare et 11:77:03 on 09/20f2012 antler Order No.590742a900_1 which expires on 01/17/2013, end is not for
resale.
User Notes:
(1097617017)
(State a lump sam, percentage of Cost of the Work or other provision for determining the Contractor's Fee.)
§ 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work:
§ 4.4.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work:
§ 4.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) ofthe standard rate paid at the
place ofthe Project.
§ 4.4.6 Unit Prices, ifany:
(Identi~ and state the unit price, and state the quantity limitations if arty, to which the tenit price will be applicable.)
Item Units and Limitations Price per Unlt (50.00)
§ 4.4.7 Guaranteed Maximum Price
§ 4.4.7.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($
), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum
sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the
Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.
(insert speck provisions if the Contractor is to participate in arty savings.)
§ 4.4.7.2 The Guaranteed Maximttm 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 arty allowances, and state whether they include labor, materials or both.)
Item
Allowance
§ 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based:
ARTICLE 5 PAYMENTS
§ 5,1 Progress Payments
§ 5.1.1 Based upon Applications for Payment properly submitted to dte Construction Manager by the Contractor, and
upon certification of the Project Application and Project Certificate for Payment or Application for Payment and
Certificate for Fayment 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 shal l be one calendar month ending on the last day of the
month, or as follows:
inli AIA Document A132"'-20094formedy A107TMCMa-7992). Copyd9hlm 1975,1960, 1992 and 2009 by The American lnstilute o(Architeels, All Aghfa
reaervatl. WARNING: THIS AIA Document la protaclsd by U.S. Copyright Lew and International Treatlos. Unauthodzod reproduction or distdhutlon of
this AIA® Documont, orany panion of It, may rosult In eevara civil and criminal penalties, and will b° prosecuted to the maximum extant poaslhle under
t the law. This dowment was protluced by A+A So(hvere at 11;17:03 on 09/20/2012 untler Order No.6907428800 1 which expires on 01!17/2013, end Is nol for
resale.
Uear Notea: (1097617017)
§ 5.1.3 Provided that an Application for Payment is received by the ConstnlMion Manager not later than the
Twenty-fifth day ofa month, the Owner shall make payment ofthe 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 fhe application date fixed above, payment shall be made by the Owner not later than
Thirty (30) days after the Construction Manager receives the Application for Payment.
(Federal, state or local laws tnay regatta payment within a certain period of lime.)
§ 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 Constmction Manager and Architect in accordance with the Contract
Documents. The schedule of values 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 kt 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 ofthe Work as of the end
ofthe period covered by the Application for Payment
§ 5.1.4.3 Subject to the provisions of the Contmct Documents, the amount of each progress payment shall be computed
as follows:
.1 Take that portion of the Contract Sutn 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 ofchanges in the Work, amounts
not in dispute may be included as provided in Section 7.3.9 ofthe General Conditions, as modified;
.2 Add that portion ofthe 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 Owneq 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 fol[owing circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety-five percent (95.00 %) ofthe Contract Sum, less such amounts as the Construction Manager
recommends and the Architect determines for incomplete or defective Work, or both and unsettled
claims; and
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the 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 ofretainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingjrom the
percentages Inserted in Sections 5.1.4.3.1 and 5. /.4.3.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction ar 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
Inlt AIA Document A132"^-2009 ~fomledy A101ieCMa-1892), COpydght01978,1980, 1992 and 2009 by The American lnsgtute or /VChitecb. All Nghte
reserved. WARNING: This AIA Document Is protectetl by U.S. Copyright Lew snd Internaa0nal Treatlo9. Unauthorizetl roprotluctlon or tllatrlbutlon of
this AIAa Document, or any pvrtlon of It, may result In eevera civil and criminal penaltlea, antl will bo prosecutatl fo the maximum extent posalbla under
t the law. Thla document was produced by AIA eoftwara at 11:17:03 on 09/20/2012 under Order No.5907426900 1 which expires on 011i7/20t3, antl Is not for
resale.
User Notes: (1097617017)
§ 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 ofthe Work, along with payrolls, petty cash accounts, receipted invoices or
invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or
Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work
equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments
attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
§ 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the
end of the period covered by the Application for Payment and for which the Contractor has made or intends to make
actual payment prior to the next Application for Payment.
§ 5,1.5.3 Subject to other provisions of the Contract Doctunents, 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 Cos! of the Work;
.2 Add the Contractor's Fee, less retainage of percent ( %). The Contracor'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 stun, 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 ( °lo) 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 Contrasor in the documentation required by Article 5 or
resulting from errors subsequently discovered by the Owner's auditors in such documentation; and
.5 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a
Certificate for Payment as provided in Section 9.5 of AIA Document A232T"t-2009, Genera]
Conditions of the Contract for Construction, Construction Manager as Adviser Edition.
§ 5.1.5.4 The Owner, Construction Mazlager and Contractor shalt agree upon (1) a mutually acceptable procedure for
review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the
Contractor shall execute subcontracts in accordance with theme agreements.
§ 5.1.5.5 In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall
be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not be
deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or
arithmetic verification ofthe documentation submitted in accordance with Article 5 or other supporting data; that the
Construction Manager and Architect have made exhaustive orcontinuous 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, ifrequired by the
Owner, wi II be performed by the Owner's auditors acting ht 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.
§ 5.1.5Progresa Payments Where fhe Contract Sum is Based on the Cost of the Work with a Guaranteed
Maximum Price
§ 5.1.5.1 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 requ'ved 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.
§ 5.1.5.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the enftre Contras Sum
among the vazious portions of the Work and be prepared in such form and supported by such data to substantiate its
AIA Document At32n'-20119 f(lormerly A101TMCMa-1992). Copyr
Init. ~~,~, WARNIND: This AIAR Documont Is protactod by U.S. Cc
this AIA° Document, or any pardon of It, may result In severe civil
/ tho law. This tlocument was pratluced by AIA software et 11:17;03 on
resale.
User Notes;
875, 1980, 1992 and 2009 by The American Institute of Architects, All rlehts
Lawantl Intornatlonal Troaties. Unauthorized reproduction or tlisiribution of 7
urinal penaitlea, end wilt be prosecuted to the maximum extent poesi6le antler
012 under Order NO.5907428800_7 which expires on 01/17/2013, and ss not for
ttna7snot7>
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 ofcompletion of each portion ofthe Work as ofthe end
ofthe period covered by the Application for Payment. The percentage ofcompletion shall be the lesser of (1) the
percentage of that portion ofthe Work which has actually been completed; or (2) the percentage obtailned 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 ofthe 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 follows:
.7 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 ofthe
Guazanteed 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 in Section 4.4.2 or, if the Contractor's Fee is stated as a
fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost
of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;
.4 Subtract retainage of percent ( %) from that portion ofthe 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 doctunentation required by Section
5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered
by the Owner's auditors in such documentation; and
.7 Subtract amounts, ifany, for which the Construction Manager or Architecthave 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 end (2) the percentage of retainage held on Subcontacts, and the Contractor shall
execute subcontracts in accordance with those agreements.
§ 5.1.6.6 In taking action on the Contractor's Applications for Payment, the Construction Manager and Architect shall
be entitled to rely on the accuracy and completeness of the information famished by the Contractor and shall not be
deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic
verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the
Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction
Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts
previously paid on account ofthe 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 Ovmer.
§ 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 ofthe Contract Stlm, shall be made by the Owner to the
Contractor when
.1 the Contractor has Cully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12,2 of AIA Document A232- 2009 as modified, and to satisfy other
requirements, if any, which extend beyond final payment;
.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A,
Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or
without a Guaranteed Maximum payment, and
AIA Document A132TM- 2004 rorrnedy A101 "'CNIe -1992). Copyright m 1975, 1960, 1992 and 2009 by Tha American Institute dArchltects. All fights
tnlt. reserved, WARNING: This AIA Document Is protected by U.S. Copyright Law antl Intornatlonal Treatise. Unauthorized reDmductlon or distribution of
this AIA" Documont, orany p°AI°n of Iq may result In covers civil antl criminal panaltiae, end will be prosecuted to the maximum °xtant possible under
f tho law, This document was produced by AIA software at 11:17:03 on 09/20/2012 antler Order No.590742B800 1 which expires on 01 71 7 /20 7 3, and is not for
resale.
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.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 (t) 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 Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as
modified, unless fhe parties appoint below another individual, not a party to this Agreement, to serve as Initial
Decision Maker.
(If the parties mutually agree, insert the name, address and other contact informah'on ofthe 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 baz. Ifthe Owner and Contractor do not selece a method of binding dispute resolution below,
ar do not srrbseguently agree in writing to a binding dispute resoludion method other than litigation, Claims will be
resolved by litigafion in a court of competent jurisdiction.)
( ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009.
[ X ] Litigation in a court of competent jurisdiction.
[ ] Other: (Sped)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7,1 Where the Contract Sum is a Stipulated Sum
§ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A232-2009 as modified.
§ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as
modified.
§ 7.2 Where the Contract Sum Is Based on the Cost of the Work with or without a Guaranteed Maximum Price
§ 7.2A 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 l4 of AIA Document
A232-2009; however, the Owner shalt then only pay the Contractor an amount calculated as follows:
.1 Take the Cost of the Work incurred by the Contractor to the date of termination;
.2 Add the Contractor's Fee computed upon the Cost of the Work [o 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 Pee as the Cost of the Work at the time of
ternination 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 Ifthe 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 shalt 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 pmchase 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 ofthe 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
AlA bocumsnt A132TM-2009 formally A101TMCMa-19821. COpydght®1976,1960, 1992 antl 2009 by The American lnsUNte of Architects, All dghta
init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intematlonai Treaties, Unauthorizod reproduction or dletdbution of ~
this AIA° Document, or any portion of a, may result In eovare civil and criminal panaltles, and will be proascuted to the maximum extant poseihfe untler
t the law. This document was produced by AIA software et 17:17:03 on 09/20@012 under Order No.69WR26800 1 which expires an 01!17!2013, and is not for
resale.
Veer Notes: (1097617017)
referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment
of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully
vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.
§ 7.2.5 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A232~~~2009; in such
case, the Contract Stun and Contma Time shall be increased as provided in Section ]4.3,2 of AIA Document
A232-2009, except that the term 'profit' shall be understood to mean the Contractor's Fee as described in Sections
4.3.2 and 4.4.2 of this Agreement.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8,1 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 shalt 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 rnterest agreed upon, ifarry.)
3!4 of 1% per month
§ 8.3 The Owner's representative:
(Name, address and other information)
Keith Watts, Purchasing Manager
City ofMeridian
Purchasing Departrnent
33 East Broadway Avenue
Meridian, Idaho 83642
§ 8,4 The ContacOr's representative:
(Name, address and other information)
Michael R. Salyer
PO Box 190025
Boise, Idaho 837]9
Telephone Number: 208-323-9525
Fax Number: 208-323-1895
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
§ 8.6 Other provisions:
ARTICLE 9 ENUMERATION OF CONTRACT pOCUMENTS
§ 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 7'he Supplementary and other Conditions of the Contract:
AIA Document A732*"-2909 Fortnedy AtOlf°CMe-1882). COpyrightm1976,1880, 1892 and 20094y The American lnstltute oFAmhitecta. All dghb
IniL reserved. WARNING: Thls AIA~ Document Is protected by 0.5. Copyright Law and International Trestles. Unauthorized reproduction ordistrlbutlon of 1l)
this AIA° Document, or any portion of It, may result In eovera civil and criminal penaitlae, and will be prosecuted to the maximum oxtonl poaelble under
t iha law, This documentwas produced by AIA software at 71:17:03 on 0 9/2 012 01 2 under Order No,6907428800 1 which expires on 07/17/2013, and is notfOr
resale. -
UaerNOtee: (1097617017)
Document Title Oate Pages
Exhibit A Contract Document Schedule 8/23/2012 2
§ 9.1.4 The Specifications:
(Either list the Spec cations here ar refer to an exhibit attached to this Agreement)
Contract Document Schedule, Exhibit A, dated August 23, 2012
(7'a61e deleted}
§ 9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.}
Contract Document Schedule, Exhibit A, dated August 23, 2012
(Table deleted}
§ 9.1.6 The Addenda, if any:
Number
One
Two
date Pages
8(10/2012 24
8/17!2012 432
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated ht this Article 9.
§ 9.1.7 Additional documents, if any, forming part ofihe Contract Documents are:
.1 AIA Document A132T^L2009, Exhibit A, Determination of the Cost of the Work, if applicable.
.2 AIA Document E201T^+-2007, Digital Data Protocol Exhibit, if completed, or the following:
N/A
.3 AIA Document E202TM--2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:
NiA
.4 Other documents, ifany, listed below:
(List here arty additional documents which are intended to fonn part of the Contract Documents. AL4
Document A232-2009 provides chat bidding requirements such as advertisement or invitation !o bid
Instructions toBidders sample forms and the Contractor's bid are not part of the Contract Documents
unless enumerated in this Agreement. They should be listed here only if intended to be part of the
Contract Documents.)
All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental
Instructions to Bidders, Bid Proposal Forms, and the Project Schedule are intended to be part of the
Contract Documents.
AIA Document A232-2009 General Conditions
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Aricle 11 of AIA Document
A232-2009 as modified
Refer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article I 1
"Insurance and Bonds".
Contractor is required to provide 100% Payment and Performance Bonds.
(State bonding requirements, if any, and limits ofliabilityfor insurance required in Article 11 ofAfA Document
A232 2009.)
Inlt AIA Document At 32^'-2009 ~fomiarly A101 ^'GMa-18921. Copyd8htm1878,1980, 1992 antl 2009 by The AmeriwnlnsBWte of Architects. All rights
reserved. WARNING: Thla AiA Document ie protected 6y LLa. Copyright Law antl Intematlanal Treallea. Unauthorized reprotluctlon or tllstdbutlon of ~,~
this AIA° Document, or any podlon of tt, may roeult In severe civil and cdm(nal panallias, antl will ba prosecuted to the maximum extent possible under
1 the law. This documentwas produced by AlA SOitwere at 11:17:03 on 08/20/2012 underONer NO.89074288001which expires on 01/17/2073. and is notfor
resale.
User NOtea: (1097617017)
Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)
..Thin. Agreement is entered into as of the day and year first written above.
OWNER (Signat CONTRACTOR (Si ature)
Tammy de Weerd ,Mayor Michael R Salyer
(Printed name and title} (Printed name and title)
AIA Document A132T"" - 2009 formerly A101 T""CMa -1992). Copyright ®1975,1980,1992 and 2009 by The American Institute of Architects. All rights
Inst. reserve ®. 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 m severe civil and criminal penalties, and will be prosecuted to the maximum extent possible unde
~ the law. This document was produced by AIA software at 11:17:03 on 09/20/2012 under Order No.5907428800_1 which expires on 01117/2013, and is not for
resale.
User Notes: ~ (1097617017)
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
Givil 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 7/2112012
A0.1 Cover Sheet
ARCHITECTURAL SITE PLAN -_I?ated 7/37/2012
A1.0 Site Plan A1.1
CIVIL -Dated 7130/2012
Ct.O 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 Cily of Meddian Standard Delails -2 C5.0
C5.1 Stormwater Pollution Prevention Plan - 2
LANDSCAPE -Dated 7131/2012 or as indicafed below
L1.0 Landscape Cover Sheet L2.0
L2.1 Landscape Plan L3.0
L3.1 Irrigation Plan (dated A18/2D12) L4.0
ARCHIT ECTURAL -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 AO.OA
Sike 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 Irdgation Details
City of Merid(an Standard Details -1
Stormwater Pollufion Prevention Plan -1
Landscape Plan
Landscape Plan (dated 7/18/2012)
Irrigation Details (dated 7/18/2072)
Floor Plan Office /Shop A
Floor Plan Shop D
Roof Plan
Building Sections
Meridian Parks & Recreation Maintenance Facility
Page 1 of 2
August 23, 2012
A5.1A Wall Sections A6.2A Wall Sections /Details
A7.OA Intedor Elevations / petalls AS.O Door~ndow Schedule & Details
Ag.O Details/Energy Compliance
BLD - B
A2.OB FloorlRoof Plans A3.OB Exterior ElevaOons
BLD-C
A2.OC Floor/Roof Plans A3.OC Exterior Elevations /Sections
A3.1C Wall Sections /Details
BLD - D
A2.DD FIooNRoof Plans A3.OD Exterior Elevations /Sections
STRUCTURAL -Dated 7/31/2012
S1.0 Structural General Notes S1.1 Special Inspeccfions
S2.DA Foundation Plan Bid A S2.0B Founda0on Plan Bid B
S2.DC Foundation /Roof Framing Pian Bld C S2.OD Foundation 1 Roof Framing Plan Bid D
S3.DA Roof Framing Plan Bld A 54.0 Structure/ Details-Foundation
55.0 Structural Details- Framing
MECHANICAL -Dated 7/30!2012
MG1.0 Mechanical Cover MG1.1 Mechanical Energy Compliance
M1.0 HVAC Plan -Main Building M1.1 HVAC Plan -Building C
M2.0 HVAC Details M3.0 HVAC Schedules
RLUMBING -Dated 7/30/2012
P1.0 Plumbing Plan- Building A P1.1 Plumbing Plan-Building C
P2.0 Plumbing Details P3.0 Plumbing Schedules
ELECT RICAL -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 Lighdng Pian -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 Malnienance Facility August 23, 2012
Page 2 of 2