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2014-07-15CI'WE FIDIAN - CITY COUNCIL REGULAR IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 15, 2014 at 6:00 PM Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird O Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of June 10, 2014 City Council Workshop Meeting B. Approve Minutes of June 17, 2014 City Council Meeting C. Approve Minutes of June 24, 2014 City Council Meeting D. Approve Minutes of July 1, 2014 City Council Meeting E. FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R-8 Zoning District Per staff request this item moved to 7A F. Findings of Fact, Conclusions of Law for Approval: AZ 14-007 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Annexation and Zoning of 5.04 Acres of Land with a C -C Zoning District G. Findings of Fact, Conclusions of Law for Approval: SHP 14-001 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Short Plat Approval Consisting of Four (4) Building Lots on 3.99 Acres of Land in a Proposed C -C Zoning District Meridian City Council Meeting Agenda — Tuesday, July 15, 2014 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. a 7 H. Final Order for Approval: FP 14-029 Amberwave Subdivision by The Land Group Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Twenty -Seven (27) Residential Lots and Three (3) Common Lots on Approximately 4.70 Acres in the R-15 Zoning District I. Final Order for Approval: FP 14-026 Southern Highlands by BHH Investments 1, LLC Located South of E. Amity Road and North of E. Taconic Drive and West of S. Eagle Road Request: Final Plat Consisting of Forty -Seven (47) Building Lots and Six (6) Common Lots on 27.66 Acres of Land in an R-4 Zoning District J. Professional Services Agreement with Swingin' with Ellie Shaw for Musical Talent for Concerts on Broadway for a Not -to -Exceed Amount of $100.00 K. Approval of Award of Bid and Agreement to RM Mechanical for the "Well 14 and Well 20 HVAC Upgrade" project for the Not -To -Exceed Amount of $87,500.00 L. Recipient Agreement with the Boys and Girls Club of Ada County and Agreement for Joint Use of Gymnasium M. Recreational Pathway Easement Between Spurwing Orchard #3 and the City of Meridian N. Recreational Pathway License Agreement Between Nampa & Meridian Irrigation District and the City of Meridian Regarding Bellingham East Subdivision #1 O. Resolution No. # 14-998: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Temporary Records Of The Meridian Parks And Recreation Department; And Providing An Effective Date Community Items/Presentations A. Ada County Highway District (ACHD) Commuteride Services - Vanpool Formations, Online Rideshare, and Other Services Provided Items Moved From Consent Agenda A. Moved from Item 5A: FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R-8 Zoning District Approved Meridian City Council Meeting Agenda —Tuesday, July 15, 2014 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Action Items A. Continued from July 1, 2014: FP 14-027 Woodburn West Subdivision No. 2 by Northside Management Located North of W. Ustick Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Seven (7) Common / Other Lots on 25.75 Acres of Land in the R-8 Zoning District Continued to July 22, 2014 9. Department Reports A. Police Department: Discussion on Award of Bid and Agreement for the Police Public Safety Training Center Construction B. Police Department: Approval of Award of Bids and AIA Agreements for the "Public Safety Training Center - Construction" (Bid Packages (BP) 2, 3, 4, 5, 9, 10, 11, 12, 14, 15, 16, 17, 19 and 20)to Multiple Contractors per the Schedule Below for a Not -To -Exceed Amount of $2,277,704.00 and Approval of General Conditions of the Contracts for Construction AIA Agreement A232 Approved • BP2 Concrete: Quality Herculean Concrete Systems, Inc for a Not -to - Exceed Amount of $215,850.00 Approved • BP3 Masonry: TMC for a Not -to -Exceed Amount of $142,780.00 Approved • BP4 Steel Fab and Erection: Mountain Steel for a Not -to -Exceed Amount of $145,075.00 Approved • BP5 Rough Carpentry: American Wallcover, Inc. for a Not -to -Exceed Amount of $165,663.00 Approved • BP9 Overhead Doors: Overhead Door for a Not -to -Exceed Amount of $9,285.00 Approved • BP10 Glass and Glazing: Architectural Glass for a Not -to -Exceed Amount of $67,225.00 Approved • BPI Tile: Creechly Tile for a Not -to -Exceed Amount of $13,858.00 Approved • BP12 Gypsum Board Assemblies & Specialties: American Wallcover, Inc. for a Not -to -Exceed Amount of $325,164.00 Approved Meridian City Council Meeting Agenda —Tuesday, July 15, 2014 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • BP14 Painting: BHM & Associates for a Not -to -Exceed Amount of $24,847.00 Approved • BP15 Window Treatments: Integrated Interiors for a Not -to -Exceed Amount of $4,713.00 Approved • BP16 Fire Protection: Treasure Valley Fire Protection for a Not -to - Exceed Amount of $43,400.00 Approved • BP17 Plumbing: Buss Mechanical for a Not -to -Exceed Amount of $72,779.00 Approved • BP19 Electrical: Tri State Electrical for a Not -to -Exceed Amount of $567,575.00 Approved • BP20 Sitework Utilities & Asphalt Paving: dba Western Idaho Construction and Landscaping for a Not -to -Exceed Amount of $479,490.00 Approved 10. Future Meeting Topics None 11. Executive Session Per Idaho State Code 67-2345 (1)(d)(c): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 6:43 PM Out of Executive Session at 9:00 PM Adjourned at 9:00 PM Meridian City Council Meeting Agenda — Tuesday, July 15, 2014 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council July 15, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 15, 2014, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, David Zaremba and Luke Cavener. Members Absent: Genesis Milam. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Bill Parsons, Clint Dolsby, Jeff Lavey, Tracy Basterrechea, Jamie Leslie, John Overton, Mark Niemeyer, Steve Siddoway, Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Thank you all for joining us. For the record it is Tuesday, July 15th. It's 6:00 p.m. We will start will roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake. De Weerd: Item No. 3 is our community invocation. We don't have anyone listed, but do see someone in the audience. Okay. Come on forward. Drake: I'm Mr. No Name. De Weerd: You are Mr. No Name from the No Name Church. Drake: Troy Drake from Calvary Chapel, Madam Mayor. De Weerd: Thank you for joining us. Meridian City Council July 15, 2014 Page 2 of 20 Drake: Madam Mayor, good to see you. Council Members. Let's pray. Lord God in Heaven, thank you so much for this place that we get to live in in freedom and work in freedom and worship in freedom. Lord, that you set up this system through people who came before us that -- that we can choose these things and we are so grateful, God, for what we have and just ask that you bless this city this city and keep it safe and help us to not forget what we have and those people that came before us that died for our freedom. Lord, we just appreciate so much we have in the United States, especially right here in this awesome city that we are in tonight. Lord, I also just ask for your blessing over these people here, these -- you know, we have this -- this government that is ruled by the people and we have, you know, elected them to represent us, God, and so I just pray that you give them wisdom in even the small decisions that they make and, you know, you said that righteousness exalts a nation and so we just pray for good decisions, Godly decisions that be made in this city and this valley, God. And, lastly, God, we pray for the citizens of Meridian, those who are hopeless, having difficult situations, I prayed that they would find answers to those, Lord, that they would look to you and pray for the young people, especially the teenagers going through difficult things, God, and if you would rush to their aid, there is so many different ways that they can be met. I pray for our law enforcement officers and all those who help the citizens. So, we just pray, God, that your hand of protection would be over our city and this meeting here tonight and we thank you, Lord, in Jesus' name we pray, amen. De Weerd: Thank you, Pastor Troy. And, yes, we -- I can speak for myself and I think speak for the Council, we feel truly blessed to serve this community. So, thank you for kicking us off in the right manner tonight. Item 4: Adoption of the Agenda De Weerd: Item No. 3 -- or 4 is the adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 5-E has been requested to come off the Consent Agenda for discussion, so that would go to Item 7-A. Item 5-0, the resolution number is 14-998. And under seven we have 7-A with the consent item. Item 8-A, the applicant has requested a continuance until July 22nd. And on Item 9 -- no resolution. All right. So, with those additions and changes, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council July 15, 2014 Page 3 of 20 Item 5: Consent Agenda A. Approve Minutes of June 10, 2014 City Council Workshop Meeting B. Approve Minutes of June 17, 2014 City Council Meeting C. Approve Minutes of June 24, 2014 City Council Meeting D. Approve Minutes of July 1, 2014 City Council Meeting F. Findings of Fact, Conclusions of Law for Approval: AZ 14-007 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Annexation and Zoning of 5.04 Acres of Land with a C -C Zoning District G. Findings of Fact, Conclusions of Law for Approval: SHP 14- 001 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Short Plat Approval Consisting of Four (4) Building Lots on 3.99 Acres of Land in a Proposed C- C Zoning District H. Final Order for Approval: FP 14-029 Amberwave Subdivision by The Land Group Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Twenty -Seven (27) Residential Lots and Three (3) Common Lots on Approximately 4.70 Acres in the R-15 Zoning District I. Final Order for Approval: FP 14-026 Southern Highlands by BHH Investments 1, LLC Located South of E. Amity Road and North of E. Taconic Drive and West of S. Eagle Road Request: Final Plat Consisting of Forty -Seven (47) Building Lots and Six (6) Common Lots on 27.66 Acres of Land in an R-4 Zoning District J. Professional Services Agreement with Swingin' with Ellie Shaw for Musical Talent for Concerts on Broadway for a Not - to -Exceed Amount of $100.00 K. Approval of Award of Bid and Agreement to RM Mechanical for the "Well 14 and Well 20 HVAC Upgrade" project for the Not - To -Exceed Amount of $87,500.00 L. Recipient Agreement with the Boys and Girls Club of Ada County and Agreement for Joint Use of Gymnasium Meridian City Council July 15, 2014 Page 4 of 20 M. Recreational Pathway Easement Between Spurwing Orchard #3 and the City of Meridian N. Recreational Pathway License Agreement Between Nampa & Meridian Irrigation District and the City of Meridian Regarding Bellingham East Subdivision #1 O. Resolution No. # 14-998: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Temporary Records Of The Meridian Parks And Recreation Department; And Providing An Effective Date De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as amended and authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: Okay. Thank you. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Ada County Highway District (ACHD) Commuteride Services - Vanpool Formations, Online Rideshare, and Other Services Provided De Weerd: Item 6 in under Community Presentations and we have Ada County Highway District with us this evening. Gresham: Hi, everyone. De Weerd: Hi. Meridian City Council July 15, 2014 Page 5 of 20 Gresham: I am Maureen Gresham. I am the manager of the ACHD Commuteride program and thank you so much for this opportunity to actually present to you guys. I'm new to ACHD Commuteride and we are going through a strategic planning process trying to figure out how we can build on the success that we have had and one of the things that we identified was a need to better reach out to the communities that we are actually serving, which is all of our city. So, we thought one of the best ways to do that was to actually come and talk to you and tell you a little bit about what we do, how we do it, and why. I think I remember how to do this. Maybe not. So, basically, what -- what is Commuteride. We are a division of the Ada County Highway District and we promote transportation options. We like to call ourselves the ones who provide the smart transportation options. We consider them smart because they are cost effective, they are healthy, they are environmentally friendly, and they provide a lot of benefits to the, transportation network out there. Basically we promote walking, biking, carpooling and vanpooling. And if you can help me out. I don't know why I'm not able to do this. There is a lot of benefits associated with our program and, basically, what we are trying to do is maximize the use of the existing system. I think everyone is very aware that we are running out of -- we don't have enough transportation funding for the -- the basic maintenance of our system out there today, much less any capacity improvements. 1 think our region might be a little bit better off than many, but we are still facing some pretty serious funding shortfalls. So, what do you do? Well, take a look at the existing system you have and maximize that use and I think the best way to show this is by pictures. So, basically, this is 30 cars. This is what we are trying to move. Actually, it's not. If you will go to the next slide. What we are trying to move is 30 people. And you see how much space that takes up with 30 cars. If you go to the next one. You're taking up a lot less space if you're actually using different modes and this is using the same amount of people, but putting them in three vans. As you can see from the picture it takes up a lot less room, a lot less wear and tear, reduces potential congestion or potential need for capacity improvements and really does actually benefit the environment. I think last month alone we saved over one million vehicle miles traveled off of our roadways and over 900 tons of carbon dioxide. So, I do want to distinguish what we do from some of the other transit providers that we partner with in the inner region. We serve the workforce population. We don't have routes that go and run on a regular basis. We actually bring people together that have similar commute patterns, they have to go to the same place, they come from the same place about the same time and we put them together, either in a carpool or a vanpool and, then, if they are close enough and lucky enough, then, we try to help figure out how to walk or bike to and from work. So, this is just an image of the various people. This is kind of our employee travel shed. We serve actually six counties in this area. We actually serve a few counties in Oregon, but they are Oregon, so I didn't include them. We, basically, if you want to think about it this way, the average commute in the Treasure Valley is over 16 miles and you have many Meridian citizens that actually have that kind of commute and what we do is actually help maximize the use of that commute by reducing stress, bringing healthier options and actually benefitting the employees or the employers by having increasing worker productivity getting people to and from work on time. So, just a little bit about our budget. Most of our revenue does come from the fares that we Meridian City Council July 15, 2014 Page 6 of 20 charge. It's a monthly rate for our van pool. We pool the money from there. We also have money from the federal government through a variety of different grant programs. We primarily use that federal fund for our marketing and education and, then, we also use it to, basically replace existing vans or expand. So, buy or purchase new vans. And about 11 percent of our budget actually comes from the general fund. You will see our expenses kind of reflect a little bit of the same thing. A really of reflect good question came up from your transportation commission. They asked, well, how long is it going to be you guys become completely self-sustaining. I didn't have an answer for them. That's -- I don't know how long that's going to take. We are going to do -- our strategic plan has identified the needs to do a fare structure analysis. You know, are we charging the right fare, do you need to go less, do we need to go more, and having that restructure maybe next year -- I'm hoping I will get the budget to do that -- will actually help identify whether or not we can increase our fare structure and, then, become more self sustaining. But as it stands right now we do get money from the general fund and the federal. I will say this, though. The actual operations of our van pool program itself are fully self sustaining. So, let me talk a little bit about the services and I group these into three different categories of services that we provide. The first being education and marketing. I think you guys probably may be familiar with May In Motion. This year we had a very successful May In Motion. We had -- average had about 70 businesses participating and if you're not familiar with what May In Motion is, it's, basically, a month long competition, kind of a kick start trying to get people out there exploring different transportation options to and from work and we do this by contacting businesses and working with them. It's a great partnership that we have with businesses. Like I said, we have been averaging about 70. This year we increased it up to 92, which is a pretty dramatic increase considering in the last five years we haven't gone past 71. Some other things that we do -- we will actually go to a place of business during lunch and sit there and we are available for people to talk about, you know, hey, what is a -- you know, a bicycle lane, what can you do on this lane, where I might be able to get to and from work by walking, by biking. If they are interested in carpooling and they live far enough away for vanpooling we actually put them in a list and, then, start to form van pools if they are potentially interested. There is a huge cost savings associated with that and I will get into that in a second. So, one of our -- the second kind of service that I think we provide is our actual ride share options. We promote walking, biking, carpooling, vanpooling and we do that through the education and marketing and, then, also through these ride share options. The ride matching we actually have an online system where you can go in, enter your name, where you work, where you are coming from, the time you need to travel, and that system will actually help you find potentially a vanpool partner or a carpool partner or even if you're interested and lucky enough a biking buddy. You know, in an ideal world. You know, in an ideal world if you're carpooling during the winter you can bike with that person in the summer or maybe not in the dead heat of the summer, but -- and, then, go back to the carpooling. So, there is just a lot of different options. The vanpool operations -- I think that's what most people know us for. And, in fact, in Meridian I think we have over 18 vanpool routes coming in and out of Meridian. These go anywhere from Mountain Home Air Force Base to downtown Boise to the VA center, just to a variety of different locations. One thing about the vanpool program -- and I do want to distinguish this -- this is just a large Meridian City Council July 15, 2014 Page 7 of 20 carpool. The only difference is instead of it being someone's car it's actually our van. So, we pay for the vehicle. We pay for the gas, the cleaning, the repairs, the cracked windshield. If you're driving to Mountain Home it happens on a regular basis. And we charge a monthly fare for this and it's a pretty decent cost savings. I think from Meridian to downtown is about a 75 dollar fare that we charge on a monthly basis and if you were to use the IRS -- I think it's 53 cents now or -- yeah, I think it's 53 cents, it's almost like 250. So, you're saving a considerable amount of money doing that. One other thing do want to stress. A lot of people think, oh, well, I can't do the carpool, the vanpool, have late night meetings. Ryan. Or I have something else. He mentioned that earlier today. You don't have to do it every day. This is something that you can actually do two or three times a week and still save a considerable amount of money. And, then, of course, we have the park and ride lots, which I'm going to talk about in a little bit more here. So, the third service I think that we do our really the partnerships that we form and that we work on and that we support. Some of the things that we are working on -- employee transportation planning. This is actually a free service that I don't think a lot of people know that Commuteride actually offers. We will go to any business, any agency, any organization in the Treasure Valley -- actually, in Ada County. As long as it crosses to and from our transportation network we will go and actually develop a transportation plan for your employees. We will do surveys. We will address mapping. We will determine what might be the best and optimal mode that they -- mode choice for them. It could be two or three. There is not -- you know, even though maybe you're 15 miles out, vanpool may not be the best option for you, it might be something else. It might be combination of things. But we will work with the business to develop that and come up with individual strategies to help them identify other things that will enhance their employees' travel to and from work. The park and ride lots. This is definitely something that we work on. We do -- just so you know, the Ten Mile -- the bids were way over what we estimated them to be, so I think we are going to be separating that out. So, hopefully we are still anticipating Ten Mile being open late winter. But some of the other park and ride things that we do are more what we consider unofficial lots. It's where we work with like a Winco or a Lowe's or a gas station and we work with them and even maybe potentially lease a little portion of their property and we will locate a van there. So, everyone meets in the morning, jumps in the van, goes to work, they come home, they come back to the van, to the park and ride lot, they go into the store, they buy their groceries, their gas, their whatever. They are not only benefitting by reducing work trips, we are actually reducing overall trips, because they just need to walk over to the gas station or to a grocery store. So, kind of a double bonus for us. Construction mitigation. I started stressing on the way here. I was so worried that I was going to be here late. I was early. But I was like, oh, my gosh the traffic. We definitely have a program set up to take care of construction mitigation. We are actually -- have things set up to where people can do three months for free on the vanpool. They just have to go through our process and that will last through the construction really easing potential construction -- construction congestion that the roads might be having. Do, definitely be thinking about that as a service that we can provide for you guys. And, then, development review. This is something that I see that we can work with cities. It's something I'm definitely working with the rest of staff, our development services staff. It's looking at when a development comes through what are some transportation Meridian City Council July 15, 2014 Page 8 of 20 demand management techniques we can do that will actually ease the trips coming to and from that. So, it actually reduces the need for capacity improvements in the long run and this is something that I would encourage your planning staff to contact me, I would be willing to work on -- at any level on this to try and identify potential activity that we could do as Commuteride to help with any potential trip reduction strategies you guys might be considering. That -- I do have a tendency to talk fast -- is my presentation. I -- before I stand for questions I'd like to point out one thing. We are the oldest vanpool program -- successfully run vanpool program in the United States. We have been doing this for over 35 years. We have a lot of experience and we would love to be able to offer any of that to you guys. De Weerd: Thank you very much. I had a couple questions. You showed that we share six different counties and two in Oregon. Do those counties provide any of the funding partnerships? Gresham: Only the -- those six counties are vanpools, so the people are paying for the actual -- the monthly fare that live in those counties. But, no, they do not provide any money into our budget. The only funds that come from -- that are not vanpool fare some from the ACHD general fund and from federal grants. De Weerd: Do they pay the same rate as Ada County citizens? Gresham: They pay based on mileage, so they are probably paying a lot more. De Weerd: Okay. And I guess I would just encourage our planning staff, if we aren't using your services already, looking at trip reduction services, that would be great with our new developments is putting that as part of our development review and seeing if there are options. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: How many vans hit the road on a daily basis? Gresham: We have 99 routes today. Rountree: And how many of those originate or function in Meridian? Gresham: Eighteen. Rountree: Eighteen. Okay. Gresham: We would love to -- we are constantly searching for new routes that we can develop coming in and out of Meridian. So, any businesses that you think might be interested, point us that way and we will go talk with them. Meridian City Council July 15, 2014 Page 9 of 20 De Weerd: Caleb, if you will make note that -- for Ken to get some information on this that we could share with our HOAs and maybe be on the neighborhood -- the -- whatever that is called. Next door. Yes. Thank you. Any other questions? Bird: I have none. De Weerd: Well, thank you so much for the information. We appreciate you keeping us informed and consider you one of those success stories and hope to take advantage of this partnership. Gresham: Thank you so much. I really appreciate your time. Item 7: Items Moved From Consent Agenda A. Moved from Item 5A: FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R-8 Zoning District De Weerd: Thank you. Okay. We did move an item from the Consent Agenda, which was Item E. So, under 7-A we will consider final plat 14-030. Parsons: Thank you, Madam Mayor, Members of the Council. This item was removed off the Consent Agenda for your -- for the Council to take action on the street name change for the subdivision. If you recall, when this project came through with its preliminary plat, currently there is an Ada County parcel to the south that has access to a private street that connects to West Cherry Lane. A condition of approval -- or at least a provision of that development agreement requires that they relinquish that easement and provide access to that parcel prior to submitting a final plat. I'm happy to report to Council that that agreement is recorded with the Ada County assessor's office and it is in place at this moment. And, therefore, we are here presenting this final plat. But part of that agreement was the applicant was to come and seek Council's approval for a different street name than what the street naming committee has recommended. So, based -- with that I will stand for any questions. You can see here the street naming committee actually did recommend West Aspen Creek Court is what it's actually officially approved by the street naming committee. The applicant is requesting -- or at least the property owner to the south would like the applicant to seek West Jones Creek Court as the approved street name for the subdivision. I have discussed this street name change with our city's addressing specialist and both the fire department and the police department. In my discussions with the address specialist and the fire department they are standing with the street naming committee's recommendation, leaving it West Aspen Creek. The police department really had no concerns or any comments regarding the street name, so I did at least want to get that out in front of this evening. Other than that the applicant has read through their staff report. They are in Meridian City Council July 15, 2014 Page 10 of 20 agreement with all conditions of the final plat and the plat presented to you this evening does comply with the lot count and the open space that was approved with the preliminary plat, so I will stand for any additional questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Okay. If there is no questions do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With that pause there is a question. What are the -- what's the summary reason behind the discrepancy and the desire of the name from the committee to the applicant? Parsons: Madam Mayor, Councilman Borton, my understanding of it is currently -- if you can look at the vicinity map here, this home currently has an address off of North Jones Creek and so with this street name change and with them getting a different access off of that road, they will be required to change their address. And that's primarily the reason why they want to keep their Jones Creek addressing. I would mention in that agreement it doesn't -- even if the Council doesn't approve the street name, it does not null and void their agreement. The agreement is written so that the applicant will make every attempt to get that street name and I do have a copy of that or at least that page there if you would like to review that, but I have read through that and this is their attempt. They said they would go back before the city and Council and make that determination as to what the street name would be. But to my recollection, my knowledge, they want the street name just based on that's what they are currently addressed off of. Borton: Madam Mayor? With that what -- what was the compelling reason that the street naming committee thought it should be Aspen Creek? Parsons: Madam Mayor, Members of the Council, Councilman Borton, they -- the reasoning why they recommended that name is because you can see how it aligns. We have Aspen Creek Court, which is to the west, and, then, also this -- if you can see my cursor here this is also West Aspen Creek Drive or street. So, because it's in alignment with Two Aspen Creek Drives or courts, they want to stick with that recommendation, which is consistent with their policies. Borton: Thank you. De Weerd: And you did note that the fire department had no issue with this at all? Meridian City Council July 15, 2014 Page 11 of 20 Police department. How about fire? I know these things that are chopped up like this is very confusing. Niemeyer: Madam Mayor, Members of the Council, they can be confusing, but there is also efficiencies gained through consistency of naming. So, even though you do break it up, it is easier for our responders to understand one name and go through that and with the street naming committee, we recognize that brings a lot of people together and so with those recommendations we do like to stick to them and not deviate from them, because they have looked at several of those factors, including even streets that break up, our crews understand numbering and how those numbers get larger or smaller from the center point. So, for us it is actually easier when these streets are consistent throughout, even though they do break up. De Weerd: Okay. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for the chief. What's the impact to you guys when someone has had a street address -- this Jones -- for X amount of years and now has that street all of a sudden -- that street name changes for them, how does that impact you guys? Niemeyer: Unless we go there a lot it wouldn't impact us at all. We -- you know, we have map books and we have maps on our MVTs and so that tends to route us to the proper location. So -- I hope I followed your question right. Cavener: A follow up. What's the lag time from when that gets updated for you guys? Niemeyer: We try to pull that information once a month from the county assessor. The CAD does. The county actually pulls that and puts it into the software that goes on the MVTs. Cavener: Okay. De Weerd: And this is a new subdivision, so the main inconvenience is usually to existing residents that live on the street and have to change all their bills, their checks, and -- Cavener: If I -- Madam Mayor? If I'm correct, there is a resident that is being impacted like this; correct? There is one on Jones? So, there is -- there is that impact that's being felt. De Weerd: And what does that resident think? Meridian City Council July 15, 2014 Page 12 of 20 Parsons: Madam Mayor, that's the person that wants the name to be changed, is because they take access off of Jones Creek and they want that address to remain. So, they have worked with the developer in their agreement and asked them to seek your approval on that street name change. De Weerd: Perfect. Thank you. Anything further from Council If not, do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the final plat with the name of the street as recommended by the street naming committee and all other commission -- all other conditions recommended by the staff. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, nay. De Weerd: Motion carried. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Item 8: Action Items A. Continued from July 1, 2014: FP 14-027 Woodburn West Subdivision No. 2 by Northside Management Located North of W. Ustick Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Seven (7) Common / Other Lots on 25.75 Acres of Land in the R-8 Zoning District De Weerd: I have -- the next item is 8-A. It has been requested to continue to July 22nd and I guess I would ask the staff the -- the request for the continuance is based on -- to state it for the record. Hood: Madam Mayor, Members of the Council, the applicant is working on changing some surveying related issues that city staff brought to their attention and their surveyor is backed up or on vacation, essentially, or something to that effect, and to do what we have asked them to do is taking a little bit more time than -- than anticipated. Meridian City Council July 15, 2014 Page 13 of 20 De Weerd: Okay. Thank you. Council, if there is no issue -- or issue with this request or concern I would entertain a motion to continue this to July 22nd. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we move Item 8-A, FP 14-027, to July 22nd, 2014, with the understanding that they are going to probably be at the end of a rather long agenda. Bird: Second. De Weerd: Either that or if they agree with everything they will be in the Consent Agenda, so -- yes, it does give them great incentive. So, there is a motion to continue this to July 22nd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Police Department: Discussion on Award of Bid and Agreement for the Police Public Safety Training Center Construction De Weerd: 9-A. We have our police department discussion. I will turn this over to Lieutenant Leslie. Leslie: Bill, how do I move that? There we go. Madam Mayor, City Council, give you a quick update on the public training center and building renovation project. Pretty picture of it. So, the bids were opened on June 24th. We had a base bid and, then, seven identified bid alternates within the construction plans. The base value, indirect and direct construction cost, which includes the -- all of our soft costs. Also all the numbers you see on this have an eight percent contingency -- construction contingency added to them. So, the base value came in at 4,950,972 dollars. The seven alternates, indirect and direct construction costs, came in bidwise 850,756 dollars. For a total of 5,801,728. As mentioned our budget is 5,426,613 dollars. That's left us 375,115 dollars over for a total. That's base and all alternates. If you take just the base budget, we have 475,642 dollars available to us to make those choices in our alternates. The picture on the right -- hopefully you can recognize where those things are out there. They are identified as what the alternates were are clearly identifiable. Number one is the east side parking lot, which is in yellow on there, 124,182. Number two, which is the light blue color, is the 2,100 square foot edition to the patrol area of the police department. It's external to the building. Everything that's one in the renovation internally is within the base budget. The only alternate to the building remodel is the 2,100 square foot that we added to it. That's at a cost of 534,509. The display cases in the training center were a bid alternate of 21,045 dollars. Northwest parking lot, which is the circle on the top left, additional Meridian City Council July 15, 2014 Page 14 of 20 parking came in at 68,961. The break room remodel is internal to the PD. It's a wall that's being removed and some cabinetry that's being changed at 17,471 dollars. And, then, the fixed tables we put as a bid alternate inside the training center, but it, obviously, was a priority. It's on this list for us at 35,189 dollars. This has some electrical outlets in them, but -- and they are built in, rather than just a fixed furniture type item. The masonry fence is highlighted in pink. We put in a bid alternate as an -- as a masonry fence that goes from the training center to the west at 49,399. So, our total alternates are 850,756 dollars. So, we started some value engineering again. We did some in the beginning, but also after all the bids we met with the contractors and talked to them to see if there was anything that they seen in our bid documents that there was an alternate solution for materials that maybe we didn't think about or know and we had those discussions with those companies as well. One of the areas we noticed in getting some changes in value engineering was in landscaping. So, we are going to rebid that item. There was significant enough changes in that, we think that's significant enough value to us to go back to bid on that item. So, that's estimated at five weeks where we design, rebid, and execute a rebid agreement. We think that's to our advantage to do that from dollar value. I don't have an exact dollar, but we think it will be significant enough that it's worth waiting. That's a project that starts later in the game, too, so landscaping is not a priority to us right now. So, taking that five weeks is important. So, once we get those -- that back to know what that value is, what we save on that -- and I think we had a better discussion as far as the bid alternates, which ones to choose and which ones not to choose. So, we want to wait to make those decisions until that happens. We are trying to get construction started sooner than later to avoid some winter costs that we think are going to happen if we don't get started soon and that's why you only have 14 agreements today. They are all base bid agreements and they are stuff that we can get started on immediately. The remainder of those agreements for the base bid should be done shortly. That outlines -- actually, Max outlined some reasons on here why it's important for us to get started. So, the next request we have is going to be to execute the base bid agreements, while we redesign and rebid of the individual landscaping bid package is being processed. Any questions? Any slide you want to go back to and look at or -- De Weerd: Council, any questions? Bird: I have none. Rountree: Not at this point. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a question that I would ask of John McCormick, but I don't see him here. You have -- it's BP number 17, plumbing, Buss Mechanical. That name sounds familiar to me. Who did the plumbing on this building? Meridian City Council July 15, 2014 Page 15 of 20 Leslie: Madam Mayor, Councilman Zaremba, I have no idea. I looked to Max, because he is my go to guy, and he just shook his head, too, like he didn't know either. De Weerd: You mean put the valves in backward and -- Zaremba: Yeah. Buss Mechanical. Bird: Are you talking about Buss? Is that who you are talking about? Zaremba: That's my question. Is it Buss Mechanical that did the -- if it was I -- Bird: I can't remember whether it was Buss or whether it was Melford Terrell's group. De Weerd: Buss came in and cleaned up the mess. Bird: Yeah. I don't think Buss was it. I think it was -- hard telling. But -- De Weerd: We don't know. Zaremba: May I make a suggestion, Lieutenant Leslie. If you would check with John McCormick -- Leslie: I will. Zaremba: -- and if it turns that they are the ones that did this building, as for his advice on supervising them when they work. If it was somebody else, great. That's -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Zaremba, let me assure you the construction manager that we have got on board now is not the one we had on City Hall. It will be done and done right. Zaremba: I know that makes a big difference. Bird: That's -- that's -- well, let's not go into the City Hall. That's done and gone. De Weerd: No. But lesson learned and I think it's a fair question. We want to assure the correct oversight and any -- any issues if this is the same subcontractor that we experienced in the past are known and we have a strategy to avoid it. Zaremba: Madam Mayor? I don't want to be bad mouthing Buss, because they may very well be the ones who actually helped us fix what was wrong. I just know that name was connected somewhere. So, I'm -- I'm not necessarily pointing the finger at them, I'm just -- in fact, they may be the ones that helped it, so -- Meridian City Council July 15, 2014 Page 16 of 20 Leslie: I will look into it for sure. De Weerd: No. Zaremba: I appreciate that. De Weerd: DeBest came in and fixed it. Zaremba: Oh. Okay. De Weerd: Well -- any other questions? Bird: I have none. De Weerd: We have a subcontractor that typically gets picketed, so we want to have maybe a strategy on that, too. Leslie: Okay. We can do that, Ma'am. B. Police Department: Approval of Award of Bids and AIA Agreements for the "Public Safety Training Center - Construction" (Bid Packages (BP) 2, 3, 4, 5, 9, 10, 11, 12, 14, 15, 16, 17, 19 and 20)to Multiple Contractors per the Schedule Below for a Not -To -Exceed Amount of $2,277,704.00 and Approval of General Conditions of the Contracts for Construction AIA Agreement A232 BP2 Concrete: Quality Herculean Concrete Systems, Inc for a Not -to -Exceed Amount of $215,850.00 BP3 Masonry: TMC for a Not -to -Exceed Amount of $142,780.00 BP4 Steel Fab and Erection: Mountain Steel for a Not -to - Exceed Amount of $145,075.00 BP5 Rough Carpentry: American Wallcover, Inc. for a Not -to - Exceed Amount of $165,663.00 BP9 Overhead Doors: Overhead Door for a Not -to -Exceed Amount of $9,285.00 BP10 Glass and Glazing: Architectural Glass for a Not -to - Exceed Amount of $67,225.00 Meridian City Council July 15, 2014 Page 17 of 20 BPI Tile: Creechly Tile for a Not -to -Exceed Amount of $13,858.00 BP12 Gypsum Board Assemblies & Specialties: American Wallcover, Inc. for a Not -to -Exceed Amount of $325,164.00 BP14 Painting: BHM & Associates for a Not -to -Exceed Amount of $24,847.00 BP15 Window Treatments: Integrated Interiors for a Not -to - Exceed Amount of $4,713.00 BPI Fire Protection: Treasure Valley Fire Protection for a Not - to -Exceed Amount of $43,400.00 BP17 Plumbing: Buss Mechanical for a Not -to -Exceed Amount of $72,779.00 BP19 Electrical: Tri State Electrical for a Not -to -Exceed Amount of $567,575.00 BP20 Sitework Utilities & Asphalt Paving: dba Western Idaho Construction and Landscaping for a Not -to -Exceed Amount of $479,490.00 De Weerd: Okay. Any -- any other questions? Okay. Well, then, Item 9-13 is looking at approval of award of these bids. So, I would ask if, Council, you have any questions of, lieutenant, if you have any other information you want to share? Leslie: Madam Mayor, I don't at this time. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will be glad to make a motion to accept these bid packages by number and, Mr. Attorney, can I do an all and -- Nary: Sure. Bird: -- and if any Council have any -- want to pull any of them do it. Okay? With that, with your permission, Mayor. De Weerd: Uh-huh. Meridian City Council July 15, 2014 Page 18 of 20 Bird: Bid package two is concrete: Quality Herculean Concrete Systems, not -to -exceed amount of 215,850 dollars. Bid package three is Masonry: TMC for a not -to -exceed amount of 142,780 dollars. Bid package four steel fab and erection: Mountain Steel for a not -to -exceed amount of 145,075 dollars. Bid package five rough carpentry: American Wallcover, Incorporated, not -to -exceed amount of 165,663 dollars. Bid package nine overhead doors: Overhead Door for not -to -exceed amount of 8,285 dollars. Bid package ten glass and glazing: Architectural Glass, not -to -exceed amount of 67,225 dollars. Bid package 11 tile: Creechly Tile for not -to -exceed amount of 13,858 dollars. Bid package 12 gypsum board assemblies and specialties: American Wallcover, Incorporated, not -to -exceed amount of 325,164 dollars. Bid package 14 painting: BHM & Associates for not -to -exceed amount 24,857 dollars. Bid package 15 window treatments: Integrated Interiors for a not to exceed amount of 4,713 dollars. Bid package 16 fire protection: Treasure Valley fire protection not to exceed amount of 43,400 dollars. BP17 plumbing: Buss Mechanical for not -to -exceed amount of 72,779 dollars. Big package 19 electrical: Tri State Electrical for not -to -exceed amount of 567,575 dollars. Bid package 20 sitework utilities and asphalt paving: dba Western Idaho Construction and Landscaping for a not -to -exceed amount of 479,490 dollars. And before I get a second, is there any -- Council, any of them you want to pull off? Rountree: Madam Mayor? If the maker of the motion would just mention the total. Bird: Oh. I did everything but read that, didn't I? Total of 2,277,704 dollars. De Weerd: And not to exceed? Bird: Beg your pardon? De Weerd: Not to exceed? Bird: Not to exceed amount. De Weerd: I have a motion and any discussion following a second. Zaremba: If my second wasn't heard, I re -second it. De Weerd: Okay. Thank you, Mr. Zaremba. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council July 15, 2014 Page 19 of 20 Item 10: Future Meeting Topics De Weerd: Council, any topics for consideration of future agendas? Bird: I don't have any, Mayor. Item 11: Executive Session Per Idaho State Code 67-2345 (1)(d)(c): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: Item 11, Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(d). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION. (6:43 p.m. to 9:00 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: So moved. Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: If there is nothing further for Council, I would entertain a motion to adjourn. Meridian City Council July 15, 2014 Page 20 of 20 Rountree: So moved. Bird: Second. De Weerd: All those in favor? Aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD ATTEST: JAYCEE HOLMAN, CITY CLERK DATE APPROVED Meridian City Council July 15, 2014 Page 20 of 20 Rountree: So moved. Bird: Second. De Weerd: All those in favor? Aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAY ,OR -, Y DE WEERD . `i2oy�c'rtz4� 7 / ZZ / zcl DATE APPROVED 00- ��V AUcu , ATTEST: o¢Qo z ` Ciry aE cL Ar t"Sr IDPMD J ec1� one S v SEAL HfER O! ide t0.��5� Changes to Agenda: • Item #8A: Woodburn West Subdivision (FP -14-027)— The applicant is requesting continuance to July 22nd hearing. The applicant's written response for the request is part of tonight's Council packet. Reardon Subdivision (FP -14-030) Application(s): ➢ Final plat Size of property, existing zoning, and location: The site consists of 1.96 acres of land, is currently zoned R-8, and is located near the southwest corner of W. Cherry Lane and N. Summertree Way. Summary of Request: The applicant has applied for a final plat consisting of ten (10) residential building lots and two (2) common/other lots on 1.96 acres of land in the R-8 zoning district. The submitted final plat is insubstantial conformance with the approved preliminary plat. The applicant has submitted written response to the staff report agreeing to comply with all conditions of approval. With the final plat submittal, the recorded development agreement requires the applicant to provide recorded documentation as follows: 1) relinquishes the 30 -foot wide private road easement and; 2) identifies the responsible party for the maintenance and ownership of the private driveway on Lot 7, Block 2. The applicant has recorded the shared use and maintenance agreement (instrument #114036562) that complies with the aforementioned requirements. As part of the recorded agreement, the applicant must deed Lot 7, Block 2 to the property owner of parcel #S1210212530 upon recordation of the plat in exchange for relinquishing the private street easement. Further, the recorded agreement stipulates that the developer will seek the City's approval of N. Jones Creek Court for the proposed street name. The Street Naming Committee has recommended W. Aspen Creek Court. Staff has discussed the requested street name change with the City's Addressing Specialist, Police and Fire Departments. Both the City's Addressing Specialist and the Fire Department support the Street Naming Committees recommended street name. The Police Department has expressed no concerns with the street name proposed by the applicant. Under the Unified Development Code, the City Council has the authority to approve the proposed street name. Prior to City Engineer's signature on the final plat, the applicant is responsible for obtaining the final approval letter from the Street Naming Committee approving the street name for the subdivision. Staff Recommendation: Approval with conditions Outstanding Issue(s) for City Council: Street name change from W. Aspen Creek Court to W. Jones Creek Court as discussed above. Notes: Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES JUNE 10, 2014 Approve Minutes of June 10, 2014 City Council Workshop Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15 2014 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES JUNE 17, 2014 B. Approve Minutes of June 17, 2014 City Council Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES JUNE 24, 2014 Approve Minutes of June 24, 2014 City Council Meeting MEETING NOTES � J1,1111,41 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES JULY 1, 2014 Approve Minutes of July 1, 2014 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: JUN 15, 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-007 ITEM TITLE: SUGARMAN SUBDIVISION Findings of Fact, Conclusions of Law for Approval: AZ 14-007 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Annexation and Zoning of 5.04 Acres of Land with a C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: SHP 14-001 ITEM TITLE: SUGARMAN SUBDIVISION Findings of Fact, Conclusions of Law for Approval: SHP 14-001 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Short Plat Approval Consisting of Four (4) Building Lots on 3.99 Acres of Land in a Proposed C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: 5H PROJECT NUMBER: FP 14-029 ITEM TITLE: AMBERWEAVE SUBDIVISION Final Order for Approval: FP 14-029 Amberwave Subdivision by The Land Group Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Twenty -Seven (27) Residential Lots and Three (3) Common Lots on Approximately 4.70 Acres in the R-15 Zoning District MEETING NOTES C✓i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 27 SINGLE- ) FAMILY RESIDENTIAL LOTS ) AND 3 COMMON/OTHER LOTS ) ON 4.70 ACRES OF LAND IN THE ) R-15 ZONING DISTRICT FOR ) AMBERWAVE SUBDIVISION ) BY: THE LAND GROUP INC. ) APPLICANT ) HEARING DATE: JULY 1, 2014 CASE NO. FP -14-029 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 1, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING AMBERWAVE SUBDIVISION, LOCATED IN THE NE %4 OF SECTION 36, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 06/04/14, JAMES R. WASHBURN, PLS, SHEET 1 OF 3," is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning Division and the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERWAVE SUBDIVISION (FP -14-029) Page 1 of 3 Development Services Division of the Community Development Department dated July 1, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Becky McKay, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERWAVE SUBDIVISION (FP -14-029) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 16 tA day of �')ko, 2014. B: a erd Mayor, i of ian Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. Dated:_l k �j a l ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERWAVE SUBDIVISION (FP -14-029) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: July 1, 2014 CVEPID1AN%, TO: Mayor and City Council l FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-029 — Amberwave I. APPLICATION SUMMARY The applicant, The Land Group Inc., has applied for a final plat (FP) consisting of twenty-seven (27) residential building lots and three (3) common/other lots on 4.70 acres of land in the R-15 zoning district. H. STAFF RECOMMENDATION/DECISION Staff recommends approval of Amberwave Subdivision subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in frill, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-029 as presented in the staff report for the hearing date of July 1, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-029, as presented during the hearing on July 1, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-029 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel's SO436110025 and S043 6 1 1 0505) The site is located on the southwest corner of W. McMillan Road and N. Meridian Road in the NE 1/4 of Section 36, TAN., R.1 W. b. Applicant: The Land Group Inc. 462 E. Shore Drive, Suite #100 Eagle, ID 83616 c. Owner: Gem State M&M, LLC 1775 W. State Street, Box 317 Amberwave FP -14-029 PAGE 1 EXHIBIT A Boise, ID 83702 V. STAFF ANALYSIS The proposed final plat depicts twenty-seven (27) residential building lots and three/other (3) common lots on 4.70 acres of land in the R-15 zoning district. The average lot size within the development is 4,625 square feet. The gross density of the development is 5.74 dwelling units per acre. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -14-002). Because the number of building lots shown on the final plat is the same as the approved preliminary plat and the amount of open space is consistent with the approved landscape plan, staff deems the final plat to be in substantial compliance as required by UDC 11 -6B -3C.2. VI. SITE SPECIFIC 1. Applicant shall meet all terms of the approved annexation, preliminary plat (AZ -14-004 and PP - 14 -002) and development agreement (DA #114039261) for this site. 2. The applicant has until May 6, 2016, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by The Land Group hie., stamped on June 4, 2014 by James R. Washburn, shall be revised as follows: a. Note 43: Insert Lots 2-5, Block I and Lots 1-12, Block 2, are hereby designated as having a 10 -foot wide public utilities, property drainage and property irrigation easement along the rear lot lines. b. Note #4: Insert instrument number. c. Note #5: Remove Lot 2, Block 1. It does not take access from the common driveway. d. Note46: Insert Lot 6, Block 1. e. Note #7: Remove Bainbridge; replace with Amberwave and the insert the CCR's instrument number after recordation of the plat. f. Note #14: Insert instrument number. g. Note #15: Insert instrument #114039261. It. Graphically depicted the 50 -foot wide Lemp Canal easement on the face of the plat. 5. The landscape plan prepared by The Land Group, dated 05/08/14, is approved as submitted. 6. Because permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around the development prior to release of building permits for this subdivision. 7. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. Future homes constructed within the subdivision must comply with the submitted elevations attached in in the recorded development agreement. Amberwave FP -14-029 PAGE 2 EXHIBIT A 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 11. Staff's failure to cite specific ordinances, conditions from the preliminary plat or the recorded development agreements does not relieve the applicant of responsibility for compliance. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Amberwave FP -14-029 PAGE 3 EXHIBIT A 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. Amberwave FP -14-029 PAGE 4 EXHIBIT A 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP -14-002) C. Proposed Final Plat (stamped/dated: 06/04/14) D. Proposed Landscape Plan (dated: 05/08/14) Amberwave FP -14-029 PAGE 5 EXHIBIT A Exhibit A — Vicinity Map Vicinity Map 0015 °Miles 0 Amberwave FP -14-029 PAGE 6 EXHIBIT A Exhibit B — Approved Preliminary Plat (PP -14-002) ------------------------ __ !fI �1e X11 ------- �1 _ .y I I Ve I- .. I M. a W j -------- NI, '' e • Prellminary Plal 1 p�W[ISnm[� Mk[' Kuury Y[p: K MbmILLS•W 6 � m e q = me vp enkn� I l SOMn n Weeeel•: i� LL �'� e .es y I nneb e v-a-��-LL�a�d� •pe4[mttl. plm[ee I Amberwave FP -14-029 PAGE 7 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 05/19/14) 1 IT Nolee: _ Final Plat Amberwave Subdivision Situated In the NE 114 of the NE 114 of Sention 36, Tonshlp 4 Raft Rade 1 West, 9 Amberwave FP -14-029 PAGE 8 - OIIOFAe � • __ a [Y 1? i ussue TIM ROUP Amberwave FP -14-029 PAGE 8 EXHIBIT A Exhibit D: Landscape Plan 1 11 � III 11 e 5 gat t fF ` e�= I j Laodseaoe-�lanting Plan � I �' ud �k�NlHetly Amberwave FP -14-029 PAGE 9 me— — E- Amberwave FP -14-029 PAGE 9 Bill Parsons From: Tamara Thompson <tamara@thelandgroupinc.com> Sent: Thursday, June 26, 2014 2:24 PM To: Bill Parsons; Ted Baird; Bill Nary; Jaycee Holman; Jacy Jones; Machelle Hill; Jason Densmer Cc: Justin Lucas Subject: RE: Amberwave final plat staff report for 07/01/14 CC MTG Bill, We have reviewed the staff report for FP -14-029 Amberwave and agree with the analysis and conditions. Please place this item on the consent calendar. Thank you, Tamara Tamara Thompson I Director of Client Services The Land Group, Inc. I p 208.939.40411 e ti2mara@thelandcjroupinc.com I web I facebook dM1=. From: Bill Parsons [mailto:bparsonsr?a meridiancity.org) Sent: Tuesday, June 24, 2014 4:45 PM To: Ted Baird; Bill Nary; Jaycee Holman; JacyJones; Machelle Hill; Tamara Thompson Cc: Justin Lucas Subject: Amberwave final plat staff report for 07/01/14 CC MTG Attached is the staff report for the proposed Amberwave Subdivision final plat application (FP -14-029). This item is scheduled to be on the Council agenda on 07/01/14. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. 'Tamara - Please submit a written response to the staff report to the City Clerk's office (iholman@meridiancitv.ora, mhitt@meridiancitb.or2, hones@meridiancitv.orQ) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday, June 26, 2014, at 3:00 pm, your item will be placed on the consent agenda. if you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14 - ITEM TITLE: SOUTHERN HIGHLANDS Final Order for Approval: FP 14-026 Southern Highlands by BHH Investments 1, LLC Located South of E. Amity Road and North of E. Taconic Drive and West of S. Eagle Road Request: Final Plat Consisting of Forty -Seven (47) Building Lots and Six (6) Common Lots on 27.66 Acres of Land in an R-4 Zoning District MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FORTY SEVEN (47) BUILDING LOTS AND SIX (6) COMMON LOTS ON 27.66 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR SOUTHERN HIGHLANDS SUBDIVISION NO.1 BY: BHH INVESTMENTS 1, LLC APPLICANT HEARING DATE: JUNE 24, 2014 CASE NO. FP -14-026 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on June 24, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the administrative review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING SOUTHERN HIGHLANDS SUBDIVISION NO. 1, A RE -SUBDIVISION OF A PORTION OF LOT 16, BLOCK 1, BLACKROCK SUBDIVISION NO. 1, SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 6/18/14, FRITZ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN HIGHLANDS SUBDIVISION NO. 1 FP -14-026 Pagel of 3 BROWNELL, PLS, SHEET 1 OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services Divisions of the Community Development Department dated June 24, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from John Carpenter, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN HIGHLANDS SUBDIVISION NO. 1 FP -14-026 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the � (J day of Jyl A, 2014. .{y,D AUCUSp Attest: Qa p City of IDAN� Ja of SEAL City Cler "rE a of it, tacr. <2- Mayor, ' y iof Meridian Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. y: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN HIGHLANDS SUBDIVISION NO. 1 FP -14-026 Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: June 24, 2014 (✓ ✓l E IDIAN* TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-026 — Southern Highlands Subdivision No. I I. APPLICATION SUMMARY The applicant, BHH Investments 1, LLC, has applied for a final plat (FP) consisting of 47 building lots and 6 common lots on 27.66 acres of land in the R-4 zoning district for Southern Highlands Subdivision. H. STAFF RE COMMENDATION/DECISION Staff recommends approval of the Southern Highlands Subdivision No. 1 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-026 as presented in the staff report for the hearing date of June 24, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-026, as presented during the hearing on June 24, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-026 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of E. Amity Road and north of E. Taconic Drive, west of S. Eagle Road, in Section 32, T. 3N., R. 1E. (Parcel Number: R0988261001) B. Applicant: 131111 Investments 1, LLC 1025 W. Bridgeway Place, #290 Eagle, ID 83616 C. Owners: Same as applicant Southern Highlands Subdivision No. I FP -14-026 PAGE 1 EXHIBIT A D. Representative(s): Brad Pfannmuller 1025 W. Bridgeway Place, #290 Eagle, ID 83616 V. STAFF ANALYSIS The proposed final plat depicts 47 building lots and 6 common lots on 27.66 acres of land in the R-4 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -13-033). The final plat depicts 1 additional building lot in Block 2 and 1 additional building lot in Block 3 than was approved with the preliminary plat; as long as the overall number of building lots in the subdivision does not exceed those approved with the preliminary plat, the final plats will be deemed in substantial compliance with the approved preliminary plat as required by UDCI 1-613- 3C.2. Therefore, a subsequent phase(s) should contain 2 fewer building lots since 2 additional lots were shown in this phase. The amount of open space shown on the proposed final plat in Lot 1, Block 5 appears to be greater than shown on the approved preliminary plat but only includes a portion of the lot with this phase; the remainder of this lot will will be included in a subsequent phase and the overall area should be a minimum of that approved with the preliminary plat. The City of Meridian currently owns and operates a sanitary sewer lift station on what will be Lot 1, Block 2 of this subdivision. This lift station will be decommissioned when sanitary sewer is brought through this development from the north. The existing parcel where the lift station is located is being exchanged for additional area next to the City's well site in what will be phase 2; the exchange of land is scheduled before City Council on July 1, 2014. The applicant and the city will need to enter into a lease back agreement for the continuance of operation and maintenance of the lift station until such time as the development improvements are accepted by the city. To accomplish the exchange of property, a property boundary adjustment (PBA -14-006) application is currently in the approval process to remove the lift station lot and enlarge the City's existing well lot. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the previously approved development applications for this site (AZ -13-016, Development Agreement Instrument #114034782) and preliminary plat (PP -13- 033). 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of City Council approval of the preliminary plat (by January 7, 2016), in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature on the final plat by the City Engineer, the plat shown in Exhibit C prepared by T -O Engineers, dated June 18, 2014, shall be revised as follows: a. Revise note #3 as follows, "Lots 2 through 11, and 16, and 23, Block 2 and Lots 11..." b. Note #4: Include recordation date and instrument number. c. Note #8: Include the name of the irrigation provider. d. Graphically depict the 10 -foot wide easement on Lot 15, block 2 described in note #11. e. Graphically depict the 20 -foot wide easement on the lots described in note #12. Southern Highlands Subdivision No. 1 FP -14-026 PAGE 2 EXHIBIT A f. Note #16: Incldue the recorded instrument number of the license agreement. 5. The landscape plan prepared by Jensen Belts Associates, dated 5/23/14, is approved as shown in Exhibit D. 6. The residential structures built within this subdivision shall be a minimum of 2,000 square feet in size and shall be consistent with the conceptual elevations included in the development agreement. 7. The rear or sides of homes on lots that back up to or face E. Taconic Drive shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 8. Amenities shall be provided in this phase consistent with those approved with the preliminary plat [i.e. shelter, pathway, and tot lot with play equipment (as shown in Exhibit E)]. The swimming pool and pool house is proposed to be constructed with Phase II as approved with the preliminary plat (PP -13-033). 9. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 10. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. The applicant shall obtain final approval of the property boundary adjustment (PBA -14-006) application that will remove the lift station lot and enlarge the City's existing well lot prior to City Engineer signature on the final plat. 12. Applicant shall enter into a lease back agreement with the City of Meridian for the operation and maintenance of the existing sanitary sewer lift station on Lot 1, Block 2. This agreement will terminate when the gravity sewer main that facilitates the decommissioning of the lift station is accepted by the City of Meridian. 13. Applicant shall be required to extend an 8 -inch diameter water main from the end of the S. Graphite Way cul-de-sac across Lots 14 and 15, Block 2 to the west property line in alignment with the shared property line between Parcels #88847000120 and # R8847000155. 14. Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department prior to signature on the final plat by the City Engineer. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2009 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Southern Highlands Subdivision No. 1 FP -14-026 PAGE 3 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in Southern Highlands Subdivision No. 1 FP -14-026 PAGE 4 EXHIBIT A accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference proposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the connnon areas prior to development plan approval. V. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: October 2013) C. Proposed Final Plat — REVISED (dated: 6/18/14) D. Landscape Plan (dated: 11/25/13) Southern Highlands Subdivision No. 1 FP -14-026 PAGE 5 EXHIBIT A E. Detail of Tot Lot, Play Equipment and Picnic Shelter Southern Highlands Subdivision No. 1 FP -14-026 PAGE 6 EXHIBIT A Exhibit A — Vicinity/Zoning Map Southern Highlands Subdivision No. 1 FP -14-026 PAGE 7 EXHIBIT A Exhibit B — Approved Preliminary Plat (dated: October 2013) Southern Highlands Subdivision No. 1 FP -14-026 PAGE 8 EXHIBIT A Exhibit C — Proposed Final Plat — REVISED (dated: 6/18/14) x. Wal FINAL PLAT FOR ?JnwMART SOUTHERN HIGHLANDS SUBDIVISION NO. 1 t�J AHF.6uxOIMION Or A MWnONOE WTJ4 MWp I. euIXnotx suxurvrsmry ND., S ION3LDYHTOIY 3 NOODDL RANGE I F .. WMAIM101AN OXY OF MMDMN. ADA N11N3Y. IDAHO m gJ 1 011 J MASI504 RLANING a L6u.[ rwn urt rc x, .1/4 v srcml az n a'F� NN'/a n •�✓,�N�r, U. mR .`ueena,WSl�uF wln�•mua"w �.¢imrvn" J> Y 1�/ 569'Ub04 JJ]6Y fp ji Rjg, ___ _ am=raxc'a,esr — wqa Ar �o WpW �...; s6vsrfixw ¢ss.le. � BEGINNING BUIINUARI CRRYETMIL 9 } ] % PoINI'OF .6 / pDOKNCTIIEM NM 1[m wwus ra [wwc pepo fq N � a / .wT YWYY N.O]' � J.fl Ox i.ry� AF u wio' moa irR' a'rr. w N r � BAaFde� OOIIN'pAflT HNETAx1E a t�lOYF ` I as"papa uxr RwRxc wsrANCE __ _ LEG6NR � IFza�• wry tr . —..— sRw'mc /a rw�i u •, pIm w me 0 nPN�W.xW u. Asp valc � -� u aa.:�oc raa a rva/eT o F sys I- DO. .�I vou4,S as. WaID T -Y Fwrzrm u a%U' .' . — py 1 LN xw9Fp - i a 09 m � T -O ENGINEERS .T QI eEax Wwaw IWD. 4 N nlw Ao.Wln Vaftrt j MW-WMr9£MFw .rl gpA� Southern Highlands Subdivision No. 1 FP -14-026 PAGE 9 EXHIBIT A Southern Highlands Subdivision No. 1 FP -14-026 PAGE 10 EXHIBIT A Exhibit D: Landscape Plan (dated: 5/23/14) and Detail of Tot Lot and Play Equipment ENLAYtbEMENr PLAN Southern Highlands Subdivision No. 1 FP -14-026 PAGE 11 ..M, LANDSCAPE PLAN p S m s p PLANT SCHEDULE``>" 6m Yw RIF O !ft U ww z Sz NOTES Southern Highlands Subdivision No. 1 FP -14-026 PAGE 11 EXHIBIT A E. Detail of Tot Lot, Play Equipment and Picnic Shelter Southern Highlands Subdivision No. 1 FP -14-026 PAGE 12 EXHIBIT A 26 GA. STEEL ROOF PEN( CAP, PREFINISHED 12 26 G0. STEEL '� RIDGE CAP, PFERNISNED S�EL ROOF .N Q II PAN D CAP. REINIS ED 6 ELEVATION scA 1/4'-1'-0" JST SHELTERS SHEET: 1/ DETAIL: 6 •,NOTE: EC TRE 01?/Wf DIMENSIONS 12'-6' F6/Z OF COLUMNS/nERS Y -p AlSLM CE ME MINIMUMS, o"'" TO 40'-10. OOTlom OF sI DEIERIINE SW SIZE PRION TO CONSlRUC110N 1 FOUNDATION PLAN JST SHELTERS SHEET: 1/ DETAIL: 1 Southern Highlands Subdivision No. I FP -14-026 PAGE 13 4 5 I / j PFA COfICpETE }} D. z 2-0' SHEET: 1/ DETAIL: 6 •,NOTE: EC TRE 01?/Wf DIMENSIONS 12'-6' F6/Z OF COLUMNS/nERS Y -p AlSLM CE ME MINIMUMS, o"'" TO 40'-10. OOTlom OF sI DEIERIINE SW SIZE PRION TO CONSlRUC110N 1 FOUNDATION PLAN JST SHELTERS SHEET: 1/ DETAIL: 1 Southern Highlands Subdivision No. I FP -14-026 PAGE 13 EXHIBIT B Sonya Watters From: Carpenter, John <jcarpenter@to-engineers.com> Sent: Thursday, June 19, 2014 2:30 PM To: Sonya Watters, Holly Binkley, Jacy Jones; Jaycee Holman; Machelle Hill Cc: Bruce Freckleton; bradp@boisehunterhomes.com; Haase, Corinne; Chad Hamel Subject: RE: Southern Highlands Sub FP-14-026.doc Attachments: SouthemHighlandslconditions.pdf Sonya, Everything looks good on the revised staff report. I initialed and ok'd the conditions pages for your file. Thanks for all the help on this! John Carpenter, P.E. Office Manager/Project Manager MT -O ENGINEERS THIS EMAIL MAY BE CONFIDENTIAL: This e-mail, including any attachments, may contain information that Is confidential and/or non-public informetion. It is intended to be conveyed only to the designated recipient orreclprents. If you are not an intended recipient of this message, please (a) do not read, copy or disclose the contents of this communication to others, (b) notify the sender at (208) 466-0944, and (c) return the message and delete it from yoursystem. Unauthorized use, dissemination, distdbufion, orreproduction of this message is strictly prohibited and maybe unlawful. Thank you. From: Sonya Watters[mailto:swatters@meridiancity.org] Sent: Thursday, June 19, 2014 11:48 AM To: Holly Binkley; lacy Jones; Jaycee Holman; Machelle Hill Cc: Carpenter, John; Bruce Freckleton Subject: Southern Highlands Sub FP-14-026.doc Attached is the staff report for the proposed final plat for Southern Highlands Sub. This item is scheduled to be on the Council agenda on June 24th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 poi. Please call or e-mail with any questions. John - Please submit a written response to the staff report to the City Clerk's office (jholman@meridiancity.ora, mhill@meridiancitv.ora, ijones@meridiancity.orp) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the hearing. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya D. Representative(s): Brad Phummuller 1025 W. Bridgeway Place, #290 Eagle, ID 83616 V. STAFF ANALYSIS The proposed final plat depicts 47 building lots and 6 common lots on 27.66 acres of land in the RA zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -13-033). The final plat depicts 1 additional building lot in Block 2 and 1 additional building lot in Block 3 than was approved with the preliminary plat; as long as the overall number of building lots in the subdivision does not exceed those approved with the preliminary plat, the final plats will be deemed in substantial compliance with the approved preliminary plat as required by UDC 11 -6B - 3C.2. Therefore, a subsequent phase(s) should contain 2 fewer building lots since 2 additional lots were shown in this phase. The amount of open space shown on the proposed final plat in Lot 1, Block 5 appears to be greater than shown on the approved preliminary plat but only includes a portion of the lot with this phase; the remainder of this lot will will be included in a subsequent phase and the overall area should be a minimum of that approved with the preliminary plat. The City of Meridian currently owns and operates a sanitary sewer lift station on what will be Lot 1, Block 2 of this subdivision. This lift station will be decommissioned when sanitary sewer is brought through this development from the north. The existing parcel where the lift station is located is being exchanged for additional area next to the City's well site in what will be phase 2; the exchange of land is scheduled before City Council on July 1, 2014. The applicant and the city will need to enter into a lease back agreement for the continuance of operation and maintenance of the lift station until such time as the development improvements are accepted by the city. To accomplish the exchange of property, a property boundary adjustment (PBA -14-006) application is currently in the approval process to remove the lift station lot and enlarge the City's existing well lot. VI. SITE, SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the previously approved development applications for this site t% (AZ -13-016, Development Agreement Instrument#114034782) and preliminary plat (PP -13- 033). 2. The applicant shallobtain the City Engineer's signature on the final plat within two years of City Council approval of the preliminary plat (by January 7, 2016), in accord with UDC 11-613-7, LVV3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Prior to signature on the final plat by the City Engineer, the plat shown in Exhibit C prepared by T -O Engineers, dated June 18, 2014, shall be revised as follows: a. Revise note #3 as follows, "Lots 2 through 11, and 16, and 23. Block 2 and Lots 11. b. Note #4: Include recordation date and instrument number. c. Note #8: Include the name of the irrigation provider. d. Graphically depict the 10 -foot wide easement on Lot 15, block 2 described in note #11. e. Graphically depict the 20 -foot wide easement on the lots described in note #12. Southern Highlands Subdivision No. I FP -14-026 PAGE 2 / £ Note #16: Ineldue the recorded instrument number of the license agreement. Q� 5. The landscape plan prepared by Jensen Belts Associates, dated 5/23/14, is approved as shown in Exhibit D. ((Z6. The residential structures built within this subdivision shall be a minimum of 2,000 square feet in size and shall be consistent with the conceptual elevations included in the development agreement. The rear or sides of homes on lots that back up to or face E. Taconic Drive shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. ©�/ 8. Amenities shall be provided in this phase consistent with those approved with the preliminary plat [i.e. shelter, pathway, and tot lot with play equipment (as shown in Exhibit E)]. The swimming pool and pool house is proposed to be constructed with Phase II as approved with the preliminary plat (PP -13-033). 9. All fencing installed on the site shall comply with UDC I1 -3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. ©(,k10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. I- The applicant shall obtain final approval of the property boundary adjustment (PBA -14-006) application that will remove the lift station lot and enlarge the -City's existing_ well lot prior to City Engineer signature on the final plat. 0V/12. Applicant shall enter into a lease back agreement with the City of Meridian for the operation and maintenance of the existing sanitary sewer lift station on Lot 1, Block 2. This agreement will terminate when the gravity sewer main that facilitates the decommissioning of the lift station is accepted by the City of Meridian. 13. Applicant shall be required to extend an 8 -inch diameter water main from the end of the S. Graphite Way cul-de-sac across bots 14 and 15, Block 2 to the west property line in alignment with the shared property line between Parcels #88847000120 and # R8847000155. n 14. Due to the elevation differentials in this development, the applicant shall be required to submit an v engineered master grading and drainage plan for approval by the Community Development Department prior to signature on the final plat by the City Engineer. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2009 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Southern Highlands Subdivision No. 1 FP -14-026 PAGE 3 Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PSA -- CONCERTS ON BROADWAY Professional Services Agreement with Swingin' with Ellie Shaw for Musical Talent for Concerts on Broadway for a Not -to -Exceed Amount of $100.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT OR CONCERTS ON BROADWAY_ 1. tl ✓ �. This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this t 6 day of July, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Ellie Shaw, representing Swingin' with Ellie Shaw, whose address is 450 West Cottonwood Court, Eagle, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Swingin' with Ellie Shaw, specializing in vintage vocals, scat singing, jazz violin, and rhythm guitar; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Swingin' with Ellie Shaw shall perform for the public from -6:30 p.m. to approximately 6:50 p.m., on Saturday, July 19, 2014, in the plaza at Meridian City Hall, at 33 E. Broadway Avenue, Meridian, Idaho. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically am,ic and spoken announcements. City shall setup sound systems and/or related equipment b 5:00 . on July 19, 2014, and Swingin' with Ellie Shaw may rehearse and/or perform sound checks t hme. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. II. COMPENSATION. A. Total amount. City shall make total payment to P or services rendered pursuant to this Agreement in the amount of one hundred dollar ($100.00). This payment shall constitute full compensation from City to Promoter and/or to the sof Savin in' with Ellie Shaw for any and all services, costs, and expenses related to services performe under this Agreement. Promoter and/or the respective members of Swingin' with Ellie Shaw shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If Swingin' with Ellie Shaw is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Swingin' with Ellie Shaw. Any decision regarding whether to cancel the performance shall be made no earlier than 6:00 p.m. on July 19, 2014. C. Method of payment. Following the July 19, 2014 performance Promoter shall provide City with an PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE I of 4 invoice the amount of one hundred llars ($100.00 r services provided, which City shall pay In thirty (30) days of the performance. of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Swingin' with Ellie Shaw members from damage due to weather or other conditions. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Swingin' with Ellie Shaw shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Swingin' with Ellie Shaw's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Swingin' with Ellie Shaw shall comply with all City policies and requirements applicable to use of City property and facilities, including, but not limited to, those of the Parks & Recreation Department, and the Public Works Department/Building Maintenance Div. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public - information purposes. -City-shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Swingin' with Ellie Shaw shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event e vo un arrly donated to the Meridian Arts Commission. Promoter and Swingin' with Ellie Shaw shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote Concerts on Broadway the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at Promoter's own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. PROFESSIONAL SERVICES AGREEMENT— SWINGIN' WITH ELLIE SHAW, CONCERTS ON BROADWAY PAGE 2 of 4 C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Swingin' with Ellie Shaw under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification and waiver. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Swingin' with Ellie Shaw, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Swingin' with Ellie Shaw acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. Except as to rights held under the terns of this Agreement, Promoter and each member of Swingin' with Ellie Shaw shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. F. Relationship of Parties. Promoter and each member of Swingin' with Ellie Shaw is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Swingin' with Ellie Shaw and City or any official, agent, or employee of City. Promoter and Swingin' with Ellie Shaw shall retain the right to perform services for others during the term of this Agreement. G. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Swingin' with Ellie Shaw shall comply with any and all applicable federal, state, and local laws. H. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Swingin' with Ellie Shaw shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. I. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. J. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 3 of 4 K. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. L. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. M. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ciw City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Promoter: Ellie Shaw 450 West Cottonwood Court Meridian; Idaho 83616 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. N. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Swingin' with Ellie Shaw and each and every member thereof. The undersigned further warrants that he is authorized to bind Swingin' with Ellie Shaw and its members to the obligations set forth herein, and to accept the liabilities as established herein -on behalf of Swingin' with Ellie Shaw and its members. - - O. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. 15 +� _)'J1 -k IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the�aday of .J44 -y, 2014. PROMOTER: IN J-0, Ellie Shaw for Swingin' with Ellie Shaw CITY PROFESSIONAL SERVICES AGREEMENT— SWINGIN' WITH ELLIE SHAW, CONCERTS ON BROADWAY PAGE 4 of 4 Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND AGREEMENT - WELL 14 AND WELL 20 Approval of Award of Bid and Agreement to RM Mechanical for the "Well 14 and Well 20 HVAC Upgrade" project for the Not -To -Exceed Amount of $87,500.00 MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: July 10, 2014 Re: July 15'' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 15, 2014 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to RM Mechanical for the "Well 14 and Well 20 HVAC Upgrade" project for a Not -To -Exceed amount of $87.500.00. Recommended Council Action: Award of Bid and Approval of Agreement to RM Mechanical for the Not -To -Exceed amount of $87,500.00. Thank you for your consideration. 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 14 AND WELL 20 UPGRADES' PROJECT # 10483.c THIS. AGREEMENT -FOR INDEPENDENT CONTRACTORSERVICES is made this �5 day.of July, 2014, and entered into by and between the City of Meridian; a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 .East Broadway Avenue, Meridian, Idaho 83642, and RM. Mechanical, hereinafter referred to as "CONTRACTOR", whose business address is 5998 W. Gowen Rd. Boise, ID 83709 and whose Public Works Contractor License # is C -11562-U-4. INTRODUCTION Whereas, the City has a need for services involving WELL 14 AND WELL 20 . UPGRADES; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual.promises, covenants; . terms and conditions hereinafter contained, the: parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work; 1.1 CONTRACTOR shall perform and furnish to the City upon, execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope -of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 12 All documents; drawingsand written work product prepared or produced by the Contractor under this Agreement, including Without limitation electronic data . files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any.part thereof, in any. manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same; except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive; and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so.. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The•Contractor WELL m AND WELL 20 UPGRADES page 1 of 11 - Project 10489.c represents and warrants that it will perform its work. in accordance with generally accepted industrystandards and practices for the profession or professions that: are used in performance of this. Agreement and that are in. effect at the time of performance of, this Agreement. Except. for that representation and any representations ade or contained, in any proposal..submitted by the Contractor and any reports. or opinions prepared or issued as part of the. work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement: 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of 87,500.00. 2.2 The Contractor shall provide. the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during, the billing period, which the City will.pay within 30 days of receipt of a correct invoice and approval by the_City. The City will withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such -sums is the sole responsibility of Contractor. 2.3 . Except as expressly provided in this.Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportationtdrawings, renderings.or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health Insurance benefits, retirement: benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. - 3. Terme 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and •Section 4 below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor: WELL 14 AND WELL 20 UPGRADES page 2 of 11 Project 10483.c. 3.3 Should City fail to pay. Contractor all or any part of the compensation setforth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure isnot remedied by the City within thirty (30) days from the date payment is due. . 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 (fortV-five) calendar days to complete the work as described herein. Contractor has ten (10) calendar days from Notice To Proceed to notify City of any delays due to product availability. Contractor shall be liable to the City for any delay beyond this time period in the.amount of $300.00 (three hundred dollars) per calendar. day. Such payment shall be construed to be liquidated damages by the. Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty.' Substantial Completion shall be accomplished within 30 (thirty) calendar days. from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay, beyond this time period in the amount of $300.00 (three. hundred dollars) per calendar day. Such -payment shall. be construed to be iiquidateddamages by the Contractor- in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: , 4.1 If, through any cause; CONTRACTOR, its officers, employees, or agents fails. to fulfill in a timely and proper manner its obligations under this Agreement, violates. . any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if. the City Council determines that termination of this Agreement is in the best interest of CITY; the CITY shall thereupon have.the right to terminate this. Agreement bygiving written notice to CONTRACTOR of such termination and, specifying the effective date thereof at least fifteen (.15) days before the effective . date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any. termination of this Agreement, all finished or unfinished documents; data, and reports prepared by CONTRACTOR under this Agreement, shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work. satisfactorily complete hereunder. WELL 14 AND WELL 20 UPGRADES page 3 of 11 Project 10483.p 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breachof this Agreement by CONTRACTOR, and the CITY may withhold any: payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to, the CITY for damages. 5. Independent Contractor.: 5.1 . In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR .will be deemed an. employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at, all times during the term of this Agreement shalt represent and conduct themselves as independent contractors and not as employees of the .City. 5.3 Contractor shall determine the method, details and means of performing the shall be responsible to City only for the requirements and results. specified 1n. this Agreement and, "except as expressly provided in this Agreement, shall not be subjected to City's control With respect to the physical action or activities of Contractor in fulfillment of this Agreement. if in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and, for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses And. other costs including litigation costs and attorney's tees, arising out of, resulting from, or in connection with the performance of this Agreement . by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out ofthe tortious conduct of CITY or its employees. CONTRACTOR shall maintain.. and minimum amounts as. follow`. General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability. Insurance One Million Dollars ($1;000,000) per incident or occurrence and Workers' Compensation Insurance, fn the statutory limits as requlred.by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and if WELL 14 AND WELL 20 UPGRADES" page 4 of 1-1 Project 10483.c - - - CITY becomes liable for an, amount in excess of the. insurance limits,.. herein. provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses,claims, actions, or judgments for damages orinjury to personsor property and other costs, including.litigation.costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting, in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use. of. CONTRACTOR shall provide CITY with.a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'$ compliance with the requirements of this paragraph and, file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the .insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho.83642. 6.2 Any deductibles, self insured retention, or named insureds must be declared in writing and approved by the..City.. At the option of the City, either: the insurer shall reduce or eliminate such. deductibles, self-insured retentions or named insureds; or, the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claimadministration and defense expenses. -6.3 To the extent of the indemnity in this contract; Contractor's Insurance coverage.shall be primary insurance regarding the City's elected officers, officials, employees and volunteers Any insurance or self-insurance maintained by the City or the City's elected officers, officials,. employees and volunteers shall beexcess of. the Contractor's insurance. and shall not contribute with Contractor's insurance ' except.as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each_insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subjecttoall of the insurance and indemnity requirements stated herein.' 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employeesor subcontractors. . 7. Bonds: Payment .and .Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City. of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part. hereof. WELL 14 AND W ELL 20 UPGRADES page 5 of 11 Project 104,833.c . 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of; Meridian acceptance per the ISPWC. and the Meridian Supplemental Specifications & Drawings. to the ISPWC and any modifications, which by this reference are made a part hereof.. All items found to be defective during a warranty. inspection and subsequently corrected will require.an additionaltwo.(2) year warranty from the date of. City's acceptance of the corrected work. 9. Notices: Any and all.,notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed. in the United_ States mail, certified, return receipt requested, addressed as follows:. CITY CONTRACTOR City of Meridian RM Mechanical Purchasing Manager Attn:. William Magnuson 33 E Broadway Ave 5998 W. Gowen Rd' . Meridian, ID 83642 Boise, ID 8370.9 208-888-4433 Phone: 208-362-0131 Email: bradlo)rmmechanical.net Idaho Public:Works License #C -11562-U-4 Either party may change their address for the purpose.of this paragraph by giving 10. Attorney Fees: Should any litigation be commenced.betwe.en the.parties hereto concerning this. Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs. and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any, default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties, hereto acknowledge and agree. that time is strictly of the essence with respectto each and every termi condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default. under, this Agreement bythe party so failing to . perform. 12. Assignment: It is expressly agreed and understood by the. parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work: required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person.on the basisof race, color, religion, sex, national origin or ancestry, age .ordisability: . WELL 14 AND WELL 20 UPGRADES page 6 of 11 Project 10483.c 14. Reports and Information: 14.1 At such times. and in such forms as the CITY may require, there shall be furnished to the CITYsuch statements, records, reports,. data and information as the CITY.may request pertaining to matters covered by this Agreement. 142 Contractor shall maintain all writings, documents and records. prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting; printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15.. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the. CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit -the CITYto audit, examine, and make excerpts or transcripts, from such records, and to make audits of all contracts; invoices, materials, payrolls, records of personnel; conditions of employment and other data relating to all matters covered. by this Agreement. 16. Publication, Reproduction and Use'of Material No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: .In performing the scope of work required hereunder, . CONTRACTOR shall comply with.all applicable laws, ordinances, and codes`of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including. any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutuallyagre.ed upon. by and between the CITY and CONTRACTOR, shall be Incorporated in ,written amendments which shall be executed withthesame formalities as this Agreement. 19. Construction and Severabillty: If any part of this Agreement is hold to be invalid or unenforceable, such holding will not affect the validity or enforceability of: any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion, 20. Waiver of Default: Waiver -of default by either party to this Agreement shall not be deemed to be waiver.of anysubsequent default. ~W aiver or breach of any provision . of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed.to be a modification of: the terms of this. Agreement unless this Agreemenf'is modified as provided above. WELL 14 AND WELL 20 UPGRADES - page 7 of 11. Project 10483.c - - - - - - 21. Adviee.of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all;other agreements or understandings, oral of written, whether previous to the execution hereofor contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement. the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, etseq., information or documents received from the Contractor may, be'open to public inspection and . copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition,. the CITY will not.accept a legend or statement on one (1) page that all,, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against ail: liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoeverfor honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released. by the CITY shall -----constitute a complete waiver of any and all claims for damages coed byany such -- release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and, the ordinances of the City of Meridian. 26. Approval Required: .This Agreement shall not become effective or binding until, approved by the City of Meridian, END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE: . WELL 14 AND WELL 20 UPGRADES - Project 10483.0. . Well 14 and Wolf 20 Upgrades Project 10483:c Signature- Page CITY OF MERIDIAN RM Mechanical . B BY:� TAMMY de Vl5,VRD, MAYOR Dated: j,Ji�, fJ - %1 Dated; O �y Approved -by Council: ILI 15 �"°�s %` r Attest: City of IDIAN IOANO- - A 1' C n !y Purchasing -Appy val - Depar /nit-Ap rt)val BY: 4 BY. . KEITH -WATTS,- Purchasing Manager WA REN ST ART, Engineering Manager Dated:: 211-011t Dated:: -7114911 WELL 14 AND WELL 20 UPGRADES page 9 of. 11 - Project 10483.c Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -14-10483.c ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in.the Invitation to .Bid Package # PW -14-10483.c, are by this reference made a part hereof. WELL 14 AND WELL 20 UPGRADES Projeot 10483:c Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $87,500.00. Milestone 1 Substantial Completion 30 (thirty) days Milestone 2 Final Completion 45 (forty-five) days Contract includes furnishing all labor, materials; equipment, and incidentals as required for the WELL 14 AND WELL 20 UPGRADES per IFB PW -14-10483.c Total Bid Schedule 1 ...................$87,500.00 CONTRACT TOTAL ....................... $87.50D.ODD Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 14 AND WELL 20 UPGRADES page 11 of 11 Project 10483:c Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: RECIPIENT AGREEMENT Recipient Agreement with the Boys and Girls Club of Ada County and Agreement for Joint Use of Gymnasium MEETING NOTES I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RECIPIENT AGREEMENT AND AGREEMENT FOR JOINT USE OF GYMNASIUM This RECIPIENT AGREEMENT AND AGREEMENT FOR JOINT USE OF GYMNASIUM. (hereinafter "Agreement") is made this �5 day of�2014 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the Boys and Girls Clubs of Ada County, Idaho, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "BGC"). WHEREAS, the respective governing bodies of City and BGC are mutually interested in enhancing the Meridian community's quality of life by providing and supporting recreational facilities and opportunities, including gymnasium access and programming, for members of the Meridian community; WHEREAS, City and BGC recognize that through cooperation, facilities can be shared to meet broader community needs for athletic programming and recreation than either party can provide separately; WHEREAS, at its June 24, 2014 meeting, the City Council of City agreed to contribute five hundred thousand dollars ($500,000) toward BGG's construction of a gymnasium and related improvements included in the building containing the Gymnasium- (collectively -theGymnasium)-at BGCs WHEREAS, under the public purpose doctrine underlying Idaho Constitution Article 8, section 2, as articulated by the Idaho Supreme Court in, e.g., Board of County Commissioners of Twin Falls County v. Idaho Health Facilities Authority, 96 Idaho 498 (1975), the City can finance activities that have a primarily public purpose, rather than a primarily private purpose, that is, activities that both benefit the community of Meridian as a whole and are directly related to the function of government; WHEREAS, BGC benefits the community of Meridian as a whole by offering transportation to BGC from schools serving a high number of low-income children, thereby facilitating these children's access to recreational, creative, entertainment, socializing, informational, and educational opportunities, thereby proactively meeting needs of an underserved and often low-income population, particularly at times of the day when alternative childcare resources are unavailable, alleviating the need for other agencies, families, and organizations do so, leading to crime prevention, public safety for vulnerable persons, and ultimately, a responsible and productive citizenry; WHEREAS, the respective governing bodies of City and BGC are mutually interested in enhancing the Meridian community's quality of life by providing and supporting transportation to BGC for children attending schools serving a high number of low-income children; and find that it is fiscally responsible and in the best interest of the community to share the costs and benefits of transporting these schools' participating children to BGC; AGREEMENT FOR JOINT USE OF BOYS & GIRLS CLUB GYMNASIUM PAGE I OF 8 WHEREAS, the respective governing bodies of City and BGC find that it is fiscally responsible and in the best interest of the community to enter into an agreement sharing the costs of transporting children to the Gymnasium and related facilities at BGC's Meridian location; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and BGC agree as follows: I. General obligations of City. A. Monetary contribution. Starting in Fiscal Year 2016, City agrees to pay to BGC, annually, nine thousand dollars ($9,000.00), to be applied by BGC to BGC's costs of providing free transportation to BGC's club facility located at 911 N. Meridian Road, in Meridian, Idaho, from the following Meridian schools serving low-income children: Peregrine Elementary School, Chief Joseph Elementary School, Meridian Middle School, and Meridian High School. City will pay to BGC funds available under this Agreement based upon detailed invoice submitted by BGC, and consistent with any approved budget and City policy concerning payments. - — B Primary Source-ofContact.Cityshallprovide BGC—the name, -e -mail -address,, and telephone number of specific City personnel (hereinafter "City Contact") who shall serve as City's primary contact between BGC and City for all matters regarding the day-to-day scheduling, use, and maintenance of the Gymnasium. The BGC Contact and the City Contact shall together review the partnership between BGC and City on an as -needed basis, but at lease on an annual basis, to address any problems which may have arisen and to discuss possible changes to improve matters regarding the parties' joint use of the Gymnasium. C. Adequate staffing. Where such use is scheduled or authorized by City, City shall assign adequate staff to ensure that the Gymnasium is staffed by a City employee and is maintained in a safe and sustainable condition, notwithstanding City's use thereof. D. Reasonable use. City shall employ best efforts to ensure that the use of the Gymnasium is appropriate and reasonable during all times where such use is scheduled or authorized by City. Where the use of the Gymnasium results in excessive damage to same, over and above normal wear and tear, City shall reimburse BGC for the proportionate cost of all necessary repairs. City shall exercise best efforts to see that any and all use of Gymnasium, and conduct of City's participants, guests, and invitees while on BGC property before and after such use, where such use is scheduled or authorized by City, is in compliance with BGC's policies regarding use of Gymnasium and governing persons on BGC's properties. AGREEMENT FOR JOINT USE or BOYS & GIRLS CLUB GYMNASIUM PAGE 2 OF 8 E. Site Supervisor. City shall assign one (1) Site Supervisor to unlock the Gymnasium, set up equipment, be on site at BGC during games or practices in Gymnasium scheduled by City, put away equipment, ensure that all persons have left Gymnasium and/or BGC, and lock the Gymnasium. The Site Supervisor shall advise BGC immediately of any condition requiring assessment, maintenance, or repair. The Site Supervisor may leave Gymnasium during such use of Gymnasium as needed to supervise other facilities, during which time game officials shall provide supervision on City's behalf of Gym use; however the Site Supervisor shall be assigned to spend the majority of his or her time in the Gymnasium BGC supervising Gymnasium use. Il. General obligations of BGC. A. Transportation Activities. BGC shall use City's annually provided funds toward fulfilling its mission to "inspire and empower all young people, especially those who need us most, to realize their full potential as productive, responsible and caring citizens," by providing free transportation to BGC from the following Meridian schools serving low-income children: Peregrine Elementary School, Chief Joseph Elementary School, Meridian Middle School, and Meridian High School. As a condition of receiving these funds, BGC shall be responsible for administering its City funds in a manner satisfactory to City and consistent with any and all requirements set forth in this Agreement. B. Documentation; -annual report. BGC -shall -maintain -all -records -that are -pertinent to the activities to be funded under this Agreement, including, but not limited to: full descriptions and records of expenditures of funds received from City; records required to document the acquisition, improvement, use or disposition of property acquired or improved with funds received from City; financial records; other records necessary to document compliance with this Agreement or applicable law. With respect to funds received by BGC under this Agreement, between May 1 and June 15 every year throughout the term of this agreement, BGC shall provide to City a written report of activities undertaken under this Agreement, including narrative descriptions and records of each activity undertaken, property or services purchased, receipts, and such other documentation as may be specifically requested by City to demonstrate compliance with this Agreement or furtherance of goals set forth herein. C. Performance monitoring. City will monitor the performance of BGC against goals as set forth herein. Performance monitoring shall include City's review of BGCs' submitted documents for accuracy and completion, as well as an on-site visit from City staff to review the completeness and accuracy of records maintained. Substandard performance as reasonably determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by BGC within fourteen days (14) after being notified by City, this Agreement may be suspended or terminated. AGREEMENT FOR JOINT USE OF BOYS & GIRLS CLUB GYMNASIUM PAGE 3 OF 8 D. Primary Source of Contact. BGC shall provide City the name, e-mail address, and telephone number of specific BGC personnel (hereinafter "BGC Contact") who shall serve as BGC's primary contact between City and BGC for all matters regarding the day-to-day scheduling, use, and maintenance of the Gymnasium. E. Audits and inspections. With reasonable advance notice to BGC, all of BGC's records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by BGC within thirty (30) days after receipt of such report by BGC. Failure of BGC to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. III. General rights of City. A. Collection of Fees. In accordance with its policies, City shall have right to assess and collect reasonable user fees from persons who use Gymnasium; however, the amount of such user fees shall not exceed costs and expenses actually incurred. BGC shall not be entitled to any user fee assessed and/or collected by City. B.City -priority - use -of -Gymnasium. During -the -term -of -this -Agreement, -City -shall -be entitled to priority use of the Gymnasium for practice sessions, games, classes, camps, and related preparatory activities, under the terms set forth in this Agreement, from 6:30 p.m. to 10:30 p.m., on all Mondays, Tuesdays, Wednesdays, and Thursdays. City may request additional use of the Gymnasium at other times, which use may be granted as availability permits, in BGC's sole discretion. City agrees to cooperate with BGC on occasions when BGC may need the use of the Gymnasium for occasional special events during times otherwise reserved for City's use. IV. General Provisions. A. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire ten (10) years from the Effective Date unless earlier terminated or extended in the manner as set forth in this Agreement. If the parties to this Agreement fail to mutually extend this Agreement, and neither has terminated the Agreement, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for five-year periods thereafter unless terminated by either party in the manner provided in this Agreement. B. Nonappropriation. Notwithstanding any other provision of this Agreement, City shall not be obligated by any provision of this Agreement during any future fiscal year unless and until the Meridian City Council appropriates adequate funds for this Agreement in the City's budget for each such future fiscal year. In the event that AGREEMENT FOR JOINT USE OF BOYS & GIRLS CLUB GYMNASIUM PAGE 4 OF 8 funds are not appropriated for this Agreement, then this Agreement shall terminate as of September 30 of the last fiscal year for which funds were appropriated. City shall notify BGC of any such non -allocation of funds at the earliest practicable date. In the event of such termination city's use of the Gymnasium shall cease, and BGC shall have no obligations to City under this Agreement other than for the accounting for funds received from City prior to such termination. C. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. D. Notice. Communication between the BGC Contact and the City Contact regarding day-to-day matters (e.g., issues related to use, scheduling, and maintenance of Gymnasium) shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Boys and Girls Clubs of Ada County Attn: Steve Siddoway Attn: Colleen Braga Parks-& Recreation- Department -Director Executive -Director 33 E. Broadway Avenue 610 E. 42nd Street Meridian, Idaho 83642 Garden City, Idaho 83714 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. E. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of BGC. BGC shall not assign or sublet all or any portion of BGC's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. F. No agency. Neither party nor their employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered the agent of the other party in any manner or for any purpose whatsoever as a result of this Agreement. G. Indemnification of City. BGC and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in BGC programming, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or AGREEMENT FOR JOINT USE OF BOYS & GIRLS CLUB GYMNASIUM PAGE 5 OF 8 property and losses and expenses caused or incurred by BGC or any BGC employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of BGC programming, at or in its use of Gymnasium or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. H. Indemnification of BGC. City and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in City programming, shall indemnify and save and hold harmless BGC from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by City or any City employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of City programming, at or in its use of Gymnasium or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of BGC. I. Insurance. BGC shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of BGC or any BGC-employec,-agent,-contractor, official, -officer, -servant, guest, -and/or invitee, or any participant in or observer of BGC programming. City shall maintain adequate liability insurance, and shall name the Boys and Girls Clubs of Ada County, Idaho, Inc., as an additional insured. Neither City nor BGC makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises. Unless otherwise notified as provided herein, City accepts Gymnasium for use as -is, both at the Effective Date of this Agreement and throughout the term of this Agreement. J. Compliance with laws. Both parties agree to comply with all applicable federal, state and local laws, regulations, and policies governing the funds provided and activities undertaken under this Agreement. K. Nondiscrimination. In performing activities pursuant to this Agreement, neither party shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Both parties agree to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975. L. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its AGREEMENT FOR JOINT USE OF BOYS & GIRLS CLUB GYMNASIUM PAGE 6 OF 8 obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with federal, state or local laws or available funding amounts; however, if such amendments result in a change in the funding, the scope of services, the schedule of the activities to be undertaken as part of this Agreement, or constitute a material modification of the terms of this Agreement, such modifications will be incorporated only by written amendment acceptable to, and signed by, both parties. M. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for material noncompliance. Suspension or termination of the Agreement, in whole or in part, may occur if any party materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure by BGC to comply with any statutes, regulations, or City policies or directives as may become applicable at any time; b. City's failure to provide adequate supervision of its participants, guests, and invitees as provided in this Agreement; c. An act or omission by either party which breaches any term of this Agreement. d. Ineffective or improper use of funds provided under this Agreement; or P.—Submission by the BGC to City reports_that-are incorrect -or incomplete in any material respect. 3. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance by BGC, City may declare BGC ineligible for any further City funding. 4. Termination process. Either party may terminate this Agreement by providing (6) months advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A ninety (90) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. N. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. O. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other AGREEMENT FOR JOINT USE OF BOYS & GIRLS CLUB GYMNASIUM PAGE 7 OF 8 part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and BGC. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. Boys and Girls Clubs of Ada County, Idaho, Inc. By: Colleen Braga, Execut e Director CITY: City of Meridian Attest: Qo4^Uc&&r 0` ° s'e Ci"f N- By: Tam Weerd, Mayor Ja e o a I y IDAHO SEAL. HTQ O�lAe TAF ASUR �P AGREEMENT FOR JOINT USE OF Boys & GIRLS CLUB GYMNASIUM PAGE 8 OF 8 Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RECREATIONAL PATHWAY EASEMENT Recreational Pathway Easement Between Spurwing Orchard #3 and the City of Meridian MEETING NOTES f 'J APPROM O Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-056979 BOISE IDAHO Pgs=7 CHE FOWLER 07/17/2014 02:00 PM MERIDIAN CITY NO FEE 00001808201400569790070075 RECREATIONAL PATHWAY EASEMENT NT made and entered into this 15 da THIS AGREEMENT, y of , 20145 between Brighton Development Inc., an Idaho corporation and Spurwing Greens Master Association Inc. hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee a non-exclusive easement on the easement area described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times, except for periods of closure that may be necessary to maintain and repair the pathway improvements from time to time. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. RECREATIONAL PATHWAY EASEMENT (Spurwing Orchard No. 3) THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. [end of text] RECREATIONAL PATHWAY EASEMENT (spurwing Orchard No. 3) 2 IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: BRIGHTON DEVELOPMENT INC., an Idaho co oration BY: David W. T bull Its: President STATE OF IDAHO ) ss County of Ada ) f UA*14 2014 before me the undersigned, On this day o � a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the President of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. AMANDA McCURRY N TARY PUB RID I " mo NOTARY PUBLICI I- I Residing at: STATE OF IDAHO Commission Expires: WL5&-Pri IV V V V V'V V W -47- -V'W V RECREATIONAL PATHWAY EASEMENT (spurwing Orchard No. 3) SPURWING GREENS MASTER ASSOCIATION INC., an Idaho non-profit co oration BY: avid W. urnbull Its: President STATE OF IDAHO ss County of Ada On this Vm da of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the President of the Non -Profit Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. j A f� 4 AMANDA McCURRY NOTARY PUBLIC STATE OF IDAHO Commission Expires: RECREATIONAL PATHWAY EASEMENT (spurwing Orchard No. 3) 4 GRANTEE: CITY OF MERIDIAN Tam Weerd, Mayor oV��Ep A u(31jS�� st ty)Ja'ycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) . ss. County of Ada ) City of F IDIA-N'., JDAHO <QZV. AI)i i i '. i"d oaf the On this day of , 2014, before me, the undersigned, a Notary Public in and for said State person ll appeared TAMMY DE WEERD and J-��;� u T 4� ;� a J O VIe s p y pp known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0 00460060 0� 1 (SEAL)• '!• op ID!► •� ♦*040000• 1,0 1. L NOTARY PUBLIC FOR ID O Residing at: 0 � Commission xpires:_& — a, !� --- RECREATIONAL PATHWAY EASEMENT (spurwing orchard No. 3) July 30..2014 Project No. 113098 EXHIBIT A Legal Description of Easement Area ti Ar Page 1 of 1 Mir I.AND GM)LAlf INC ­ EXhlbit "A0 SPURWING ORCHARD SUBDIVISION NO. 3 EASEMENT DESCRIPTION An easement located In Lot 10, Block 1 of West in Estates, located In the SE 1/4 of the SE 1/4 of Section 22,, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more partkularly described as follows: Commencing at the Section Comer common to Sections 22, 230 26 and 27 of said Township 4 North, Range 1 West, Thence North 89'0173V* West a distance of 554.97 feet on the Section line common to said Sections 22 and 27; Thence North 00'*20'24," East a distance of 40.00 feet to the -southeast comer of Lot 10, Block I of Westing Estates,, as sarneis shown on the Plat thereof recorded in Book 70 of Plats at Page 7200 of Ada County Records, said point being on the northerly right-of-way line of We Chinden Boulevard; Thence Orth 00*2(Y240 East a distance of 30.00 feet on the easterly lot line of said Lot 10 to the POINT OF BEGINNING, Thence North 99"17'35"' West a distance of 738.66 feet to a point on the westerly lot line of said Lot 10. Thence North 00*25'45" East a distance of 10.00 feet on the westerly lot line of said Lot 10; Thence South 89*17'35" East a distance of 739.64 feet to a point on the easterly lot line of said Lot 10; Thence South 00*20'24" West a distance of 10.00 feet on the easterly lot line of said Lot 10 to the point of beginning. PREPARED BY: THE LAND GROUP, INC. James k. Washburn twww-t ndammRim.m. hila - EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramount 24) EXHIBIT B Depiction of Easement Area OWN ,.kft411PM M. 1e SPURIG ORCHARD . VOMMOM full ..... AWO**- M --4 1 4 �. § • M z �T cm L1 L2 WESTWING ESTATES SUBDIVISION M SpurWing Orchard Subdivision No,. 3 0 Sidewalk Easement Exhibit LGGATEY M iME SE 114 OF TIS SE 13 UIQ SlC710 22. LA11, M.'1W., RJI.,1IE310 WI, IIIA CON11r, 1dAiN1 ------------- EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramount 24) 7 M M M cwr M. 1e SPURIG ORCHARD . VOMMOM full ..... AWO**- M --4 1 4 �. § • M z �T cm L1 L2 WESTWING ESTATES SUBDIVISION M SpurWing Orchard Subdivision No,. 3 0 Sidewalk Easement Exhibit LGGATEY M iME SE 114 OF TIS SE 13 UIQ SlC710 22. LA11, M.'1W., RJI.,1IE310 WI, IIIA CON11r, 1dAiN1 ------------- EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramount 24) 7 Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RECREATIONAL PATHWAY LICENSE AGREEMENT Recreational Pathway License Agreement Between Nampa & Meridian Irrigation District and the City of Meridian Regarding Bellingham East Subdivision #1 MEETING NOTES 9 APPROVEP Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. �4- ql� s : A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Temporary Records Of The Meridian Parks And Recreation Department; And Providing An Effective Date MEETING NOTES 9 AP IED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A CITY OF MERIDIAN RESOLUTION NO. 1 BY THE CITY COUNCIL: BIRD, BORTON, CAVE NER, MILAM, ROUNTREE,ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN TEMPORARY RECORDS OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain temporary records that may be destroyed pursuant to Idaho Code section 50-907(3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL_OF THE CITY—OYMERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following temporary records of the Parks and Recreation Department: PARKS & RECREATION YEAR(S) DESCRIPTION Temporary Records Registration Forms 2004-2010 Form registering an individual for a recreation class, team or event. Team Rosters 2004-2010 Records of all individuals registered for a sports team. Indemnity Forms, Medical 2004-2010 Signed waiver / indemnity Release Forms, Waivers agreement related to individual's or organization's participation in department -sponsored or department -provided class, camp, program, reservation, activity, transportation, or travel. Incident or Accident Reports 2004-2010 Reports of incidents, injuries, or accidents incurred during or related to a department -sponsored or department -provided class, camp, program, reservation, or activity. RESOLUTION AUTHORIZING DESTRUCTION OF PARKS & RECREATION DEPARTMENT RECORDS 2014-05 PAGE 1 OF 2 Sports schedules and scores 2004-2010 Record of games played and final scores. Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this rJ day of Jyl`Q ,2014. APPROVED by the Mayor of the City of Meridian, Idaho, this 15 day of Sy, 2014. APPROVED: Mayor y de Weerd ATTEST: 5�o nucusr By: Ja�e s �CPNTfR el iye lakA64 RESOLUTION AUTHORIZING DESTRUCTION OF PARKS & RECREATION DEPARTMENT RECORDS 2014-05 PAGE 2 OP 2 Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: COMMUNITY ITEMS/PRESENTATIONS Ada County Highway District (ACHD) Commuteride Services - Vanpool Formations, Online Rideshare, and Other Services Provided MEETING NOTES 401UY'e-tXl GI r2.S'n0.n'1 AC -A4 -K) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS M A N A G E M E N T TO: Meridian City Council 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: July 10, 2014 RE: Response to Staff Report for FP -14-030 — Reardon Subdivision We have reviewed the Staff Report and concur with the report and agree with the Conditions of Approval. We look forward to working with you and your staff on this project and request your approval. If you have any questions or concerns please contact me at (208) 861-5220. Sincerely, Robert C. Unger ULC MANAGEMENT • 6104 N. GARY LANE • BOISE, IDAHO 83714 (208) 861-5220 • BUNGER U@ULCMANAGEMENT.COM Meridian City Council Meeting DATE: JuIV 15, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-030 ITEM TITLE: REARDON SUBDIVISION FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R- 8 Zoning District MEETING NOTES % �s0 C'5 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM TITLE: WOODBURN WEST ITEM NUMBER: PROJECT NUMBER: FP 14-027 Continued from July 1, 2014: FP 14-027 Woodburn West Subdivision No. 2 by Northside Management Located North of W. Ustick Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Seven (7) Common / Other Lots on 25.75 Acres of Land in the R-8 Zoning District MEETING NOTES a\gib 0006 Community Item/Presentations Presenter Contact Info./Notes Co n- k Y), V 2c� +0 �— CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Jacy Jones From: Sonya Watters Sent: Wednesday, July 09, 2014 1:59 PM To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Scott Noriyuki (scott@northsidemgt.com); Bruce Freckleton Subject: Woodburn West Sub. 2 Please continue this project to July 22nd at the applicant's request. Scott, please have someone at the Council hearing on the 15th in case Council has any questions. Thx! From: Scott Noriyuki [mailto:scott@northsidemgt.com] Sent: Wednesday, July 09, 2014 1:48 PM To: Sonya Watters Cc: Bruce Freckleton Subject: RE: Woodburn West Sub. 2 7/22/14 will work fine. I should have the Plat tomorrow or Friday at the latest. Thanks Scott Noriyuki (208) 230-1202 scott(alnorthsidemat.com NORTHSIDE MANAGEMENT From: Sonya Watters[mailto:swatters@meridiancity.org] Sent: Wednesday, July 09, 2014 1:39 PM To: Scott Noriyuki Cc: Bruce Freckleton Subject: RE: Woodburn West Sub. 2 Would you like to continue to the 7/22 meeting (we would need revised plans this week) or 8/19? From: Scott Noriyuki[mailto:scott(a)northsidemgt.com] Sent: Wednesday, July 09, 2014 1:33 PM To: Sonya Watters Cc: Bruce Freckleton Subject: RE: Woodburn West Sub. 2 Sonya - Apologies forthe delay, our surveyor is backed up and we have not received the revised Plat to include the Saleen parcel as agreed. That said, please consider this email as respectful request to continue one additional time. Thank you and please feel free to call or email anytime with questions. Scott Noriyuki (208) 230-1202 scott(cbnorthsidemat.com N©RTHSIDE MANAGEMENT Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: POLICE DEPARTMENT DISCUSSION ON AWARD OF BID/AGREEMEN Police Department: Discussion on Award of Bid and Agreement for the Police Public Safety Training Center Construction MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: PD - AWARD OF BIDS AND AIA AGREEMENTS B. Police Department: Approval of Award of Bids and AIA Agreements for the "Public Safety Training Center - Construction" (Bid Packages (BP) 2, 3, 4, 5, 9, 10, 11, 12, 14, 15, 16, 17, 19 and 20)to Multiple Contractors per the Schedule Below for a Not -To -Exceed Amount of $2,277,704.00 and Approval of General Conditions of the Contracts for Construction AIA Agreement A232. • BP2 Concrete: Quality Herculean Concrete Systems, Inc for a Not -to -Exceed Amount of $215,850.00 • BP3 Masonry: TMC for a Not -to -Exceed Amount of $142,780.00 • BP4 Steel Fab and Erection: Mountain Steel for a Not -to -Exceed Amount of $145,075.00 • BP5 Rough Carpentry: American Wallcover, Inc. for a Not -to -Exceed Amount of $165,663.00 • BP9 Overhead Doors: Overhead Door for a Not -to -Exceed Amount of $9,285.00 • BPI Glass and Glazing: Architectural Glass for a Not -to -Exceed Amount of $67,225.00 • BP1 I Tile: Creechly Tile -fora Not -to -Exceed Amount of $13,858.00 *BP 12 Gypsum Board Assemblies & Specialties: American Wallcover, Inc. for a Not -to - Exceed Amount of $325,164.00 • BPI Painting: BHM & Associates for a Not -to -Exceed Amount of $24,847.00 • BP 15 Window Treatments: Integrated Interiors for a Not -to -Exceed Amount of $4,713.00 • BPI Fire Protection: Treasure Valley Fire Protection for a Not -to -Exceed Amount of $43,400.00 • BPI Plumbing: Buss Mechanical for a Not -to -Exceed Amount of $72,779.00 • BPI Electrical: Tri State Electrical for a Not -to -Exceed Amount of $567,575.00 • BP20 Sitework Utilities & Ashphal Paving: dba Western Idaho Construction and MEETING NOTES RM Community Item/Presentations Presenter Contact Info./Notes Meridian City Council Meeting CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Wafts, Purchasing Manager CC: Max Jensen, Jamie Leslie, Jacy Jones Date: 7/10/14 Re: July 15 City Council Meeting Agenda Item The Police Department respectfully requests that the following items be placed on the July 15'" City Council Agenda under Police Department Report. Approval of Award of Bids and Agreements for "Public Safety Training Center - Construction" to multiple contractors (Bid Packages 2 3 4 5, 9 10, 11 12 14 15 16 17. 19 and 20) per the following schedule for a Not -To -Exceed total amount of $2,277,704.00. These awards are the result of the Formal IFB issued June 2, 2014 and opened June 24th. Fourteen bids were received for the five different bid packages. BP2 Concrete: Quality Herculean Concrete Systems, Inc ................. BP3Masonry: TMC................................................................ B134 Steel Fab & Erection: Mountain Steel..... . ............................................ BP5 Rough Carpentry: American Wallcover, Inc ....................................... BP9 Overhead Doors: Overhead Door .................................................. BP10 Glass & Glazing: Architectural Glass ............................................. BPI Tile: Creechly Tile ..................................................... BP12 Gypsum Board Assemblies & Specialties: American Wallcover, Inc . ......... ............................ BP14 Painting: BHM & Associates .............................................. BP15 Window Treatments: Integrated Interiors .............................................. BP16 Fire Protection: Treasure Valley Fire Protection .............................. BP17 Plumbing: Buss Mechanical .............................................. BP19 Electrical: Tri Slate Electrical, Inc ........................................ BP20 Sitework Utilities & Asphalt Paving: Wetlands Northwest, dba Western Idaho Construction & Landscaping ............................................ $215,850.00 $142, 780.00 $145,075.00. $165,663.00 $9,285.00 $67,225.00 $13,858.00 $325,164.00 $24,847.00 $4,713.00 $43,400 $72,779.00 $567,575.00 $479,490.00 Recommended Council Action: Approval of Award of 14 Bids and the corresponding Agreements to the low bidders for an overall total Not -To -Exceed amount of $2,277,704.00. Thank you for your consideration. 0 Page 1 w w z W U w W LL N U J m IL z Q W m a. a W Q W U J 0 IL z Q 0' W z a N 9k 9 m v m O O N O m m W M W M m O m M N M fA fA f9 A O O A O O AO C m A a a a a a z z z E a Z z z V O O M � ui co r d 'E a aa z z N o o m Cl! 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Conditions of the Contract for Construction, Construction Manager as Adviser Edition for the following PROJECT: (Name, and location or address) Meridian Public Safety Training Center 1401 E. Watertower Meridian, Idaho 83642 THE CONSTRUCTION MANAGER: (Name, legal status and address) The Ewing Company, Inc. 1500 Eldorado, Ste. #4 Boise, ID 83704 THE OWNER: (Name, legal status and address) City of Meridian 33 E, Broadway Meridian, ID 83642 THE ARCHITECT: (Name, legal status and address) CSHQA 200 Broad St. Boise, ID 83702 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132m-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; B132w-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132m-2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232TM —2009 (formerly A201 TMCMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs 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. t This document was produced by AIA software at 08:06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 0412912014, and Is not for resale. User Notes: (1 71 57461 52) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT AND CONSTRUCTION MANAGER 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A232— —2009 (formerly A201 TMCMa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 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 08'06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 04129/2014, and is not for resale. User Notes: (1715746152) INDEX (Topics and numbers in hold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,8.3.1,9.5.1, 10.1, 10.2.5, 13.4.2, 13.7 Addenda 1.1.1, 3.11, 4.2.14 Additional Costs, Claims for 3.2.4, 3.7.4, 3.7.5, 6.1.1, 7.3, 9.10.3, 9.10.4, 10.3, 10.4, 15.1.4 Additional Inspections and Testing 4.2.8, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3, 8.3, 10.3 Administration of the Contract 3.10, 4.2 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.19 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.7, 9.8.3, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4 Approvals 2.1.1, 2.2.2, 2.4, 3.1.4, 3.10.1, 3.10.2, 3.12.4 through 3.12.10, 3.13.2, 3.15.2, 4.2.9, 9.3.2, 13.4.2, 13.5 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Certificates for Payment 9.4 Architect, Definition of 4.1.1 Architect, Extent of Authority 5.2, 7.1.2, 7.3.7, 7.4, 9.3.1, 9.4, 9.5, 9.8.3, 9.8.4, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.8, 4.2.1, 4.2.2, 4.2.8, 4.2.13, 5.2.1, 9.6.4, 15.2 Architect's Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2 Architect's Administration of the Contract 4.2, 9.4, 9.5, 15.2 Architect's Approvals 3.12.8 Architect's Authority to Reject Work 4.2.8, 12.1.2, 12.2.1 Architect's Copyright 1.5 Architect's Decisions 4.2.8, 7.3.9, 7.4, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.9.2, 13.5.2, 14.2.2, 14.2.4, 15.2 Architect's Inspections 3.7.4,4.2, 9.8.3, 9.9.2,9.10.1,13.5 Architect's Instructions 3.2.4, 7.4, 9.4 Architect's Interpretations 4.2.8, 4.2.17, 4.2.18 Architect's On -Site Observations 4.2.2, 9.4, 9.5.1, 9.10.1, 12.1.1, 12.1.2, 13.5 Architect's Project Representative 4.2.16 Architect's Relationship with Contractor 1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.9.2, 3.9.3, 3.10, 3.11, 3.12.8, 3.16, 3.18, 4.2, 5.2, 6.2.2, 8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Construction Manager 1.1.2, 9.3 through 9.10, 10.3, 13.5.1, 10.3, 11.3.7, 13.4.2, 13.5.4 Architect's Relationship with Subcontractors 1.1.2, 4.2.8, 5.3, 9.6.3, 9.6.4 Architect's Representations 9.4, 9.5, 9.10.1 Architect's Site Visits 4.2.2, 9.4, 9.5.1, 9.8.3, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Other Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 AIA Document A232- — 2009 (formerly A201 TMCfda-1992). Ccpydght ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! 3 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 08:06:14 on 10/2212013 under Order No.3374717522_1 which wpires on 04!29!2014, and is not for resale. User Notes: (171 574 61 52) Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3. 1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 BONDS, INSURANCE AND 11 Bonds, Lien 7.3.7.4, 9.10.3 Bonds, Performance and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 2.2.2, 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.2, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.3.2, 9.10.2,11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2, 3.11, 3.12.8, 4.2.12, 4.2.13, 4.2.14, 5.2.3, 7.1.1, 7.1.2, 7.2, 7.3.2, 7.3.4, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2 Changes 7.1 CHANGES IN THE WORK 2.2.1, 3.4.2, 3.11, 3.12.8, 4.2.13, 4.2.14, 7, 8.3. 1, 9.3.1.1 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 1.1.8, 3.2.4, 3.7.5, 6.1.1, 7.3.9, 8.3.2, 9.3.3, 9.10.3, 9.10.4,10.3.3,15,15.4 Claims for Additional Cost 3.2.4, 3.7.5, 6.1.1, 7.3.9, 9.10.3, 9.10.4, 10.3.2, 10.4, 15.1.4 Claims for Additional Time 3.2.4, 3.7.5, 7, 8.3.2, 10.4, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7 Claims for Damages 3.2.4, 3.18, 6.1.1, 6.2.5, 8.3.2, 9.3.3, 9.5.1.2, 9.10.2, 9.10.5, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 15.1.6 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Definition of 8.1.2 Communications, Owner to Architect 2.2.6 Communications, Owner to Construction Manager 2.2.6 Communications, Owner to Contractor 2.2.6 Communications Facilitating Contract Administration 3.9.1, 4.2.6 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.12, 4.2.13, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Manager, Building Permits 2.2.2 Construction Manager, Communications through 4.2.6 Construction Manager, Construction Schedule 3.10.1, 3.10.3 CONSTRUCTION MANAGER 4 Construction Manager, Definition of 4.1.2 Construction Manager, Documents and Samples at the Site 3.11 Construction Manager, Extent of Authority 3.12.7,3.12.8,4.1.3,4.2.1,4.2.4,4.2.5,4.2.9, 7.1.2, 7.2, 7.3.1, 8.3, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 12.1, 12.2.1, 14.2.2, 14.2.4 Construction Manager, Limitations of Authority and Responsibility 4.2.5, 4.2.8, 13.4.2 Construction Manager, Submittals 4.2.9 Construction Manager's Additional Services and Expenses 12.2.1 Construction Manager's Administration of the Contract 4.2, 9.4, 9.5 AIA Document A232TM —20D9 (formerly A201 TM Chla-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 4 Document or any porton 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 08:06:14 on 10/2212013 under Order No.3374717522_1 which expires on 0412912014, and Is not for resale. User Notes: (1715746152) Construction Manager's Approval 2.4, 3.10.1, 3.10.2 Construction Manager's Authority to Reject Work 4.2.8,12.2.1 Construction Manager's Decisions 7.3.7, 7.3.9, 9.4.1, 9.5.1 Construction Manager's Inspections 4.2.8, 9.8.3, 9.9.2 Construction Manager's On -Site Observations 9.5.1 Construction Manager's Relationship with Architect 1. 1.2, 4.2.1, 4.2.7, 4.2.8, 4.2.9, 4.2.13, 4.2.15, 4.2.16, 4.2.20, 9.2.1, 9.4.2, 9.5, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2,13.5.4,14.2.2,14.2.4 Construction Manager's Relationship with Contractor 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3. 11, 3.12.5, 3.12.6, 3.12.7, 3.12.8, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.2, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 4.2.6, 4.2.9, 4.2.14, 4.2.17, 4.2.20, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.7, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1,10.3,11.3.7,12.1,13.5.1,13.5.2,13.5.3,13.5.4 Construction Manager's Relationship with Owner 2.2.2, 4.2.1, 10.3.2 Construction Manager's Relationship with Other Contractors and Owner's Own Forces 4.2.4 Construction Manager's Relationship with Subcontractors 4.2.8, 5.3, 9.6.3, 9.6.4 Construction Manager's Site Visits 9.5.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9,14 Contract Administration 3.1.3,4.2,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of, 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Performance During Arbitration 15.1.3 Contract Sum 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1.1, 12.3, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Time 3.7.4, 3.7.5, 4, 3.10.2, 5.2.3, 7.2.3, 7.3.1, 7.3.5, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2,12.1.1, 14.3.2,15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1.1 Contractor's Construction Schedules 3.10,3.12.1, 3.12.2, 6.1.3,15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Other Contractors and Owner's Own Forces 3.12.5, 3.14.2, 4.2.6, 6, 11.3, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.4.2, 3.5, 3.7.4, 3.10.1, 3.11, 3.12, 3.16, 3.18, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Relationship with the Construction Manager 1.1.2, 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.7, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.1, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 5.2, 6.2. 1, 6.2.2, 7.1.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3. 1, 9.4.1, 9.4.2, 9.8.2, 9.9.1, 9. 10. 1, 9.10.2, 9.10.3, 10. 1, 10.2.6, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10.2, 3.11, 3.12, 4.2.9, 9.2, 9.3, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 AIA Document A232TM — 2009 (formerly A201 TMCAAa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 5 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 08:06:14 on 10122/2013 under Order No.3374717522_1 which e>yires on 041292014, and is not for resale. User Notes: (1715746152) Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 4.2.5, 4.2.7, 6.1, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3.1.5 Coordination and Correlation 1.2, 3.2, 3.3.1, 3.10, 3.12.6, 6.1.2, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 9.4.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 7.3.9, 11.3.1.2, 11.3.1.3, 11.3.4,11.3.9, 12.1, 12.2.1, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Other Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4,3.18,6.1.1,8.3.2;10.3.3,11.1.1,11.3.5,11.3.7, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6,9.7,10.3.2,15.1.5 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.7, 4.2.8, 4.2.10, 4.2.11, 4.2.13, 4.2.15, 4.2.16, 4.2.17, 4.2.18, 4.2.19, 4.2.20, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.8.4, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions of the Construction Manager 7.3.7, 7.3.8, 7.3.9, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.8, 6.2.5, 9.5.1, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 12.2.2 Definitions 1. 1, 2.1.1, 3.1.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.1.2, 7.2, 7.3.1, 8.1, 9.1, 9.8.1, 15. 1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 7.3.8, 7.3.9, 9.3, 15.1, 15.2 DISPUTES, CLAIMS AND 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 15, 15.4 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Ownership and Use 1. 1. 1, 1.5, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2. 1.1 Equipment, Labor, Materials and or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.13.1, 3.15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 13.6, 14.1.1.3, 14.1.3, 14.2.1.2, 15.1.4 Faulty Work (See Defective or Nonconforming Work) Final Completion and Hnal Payment 4.2.1, 4.2.15, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 15.2.1 Financial Arrangements, Owner's 2.2.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.2.4,10.3 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 AIA Document A232- —2009 (formerly A201 TMCMa —1992). Cop ydght ®1992 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* 6 Document, or any portion of i4 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 08:06:14 on 10/2272013 under Order No.3374717522_1 which expires on 04/29/2014, and Is not for resale. User Notes: (1715746152) Information and Services Required of the Owner 2.1.2, 2.2, 4.2.6, 6.1.2, 6.2.5, 9.6.1, 9.6.4, 9.8, 9.9.1, 9.10.3, 10.3.2, 10.3.3, 11.2, 11.3.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.3, 15.1.2 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 3.18.1, 10.2.1, 10.2.2, 10.2.8, 10.3, 10.3.3, 10.4, 11.1.1 Inspections 3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders LLI Instructions to the Contractor 3.1.4, 3.3.3, 3.7.1, 4.2.4, 5.2.1, 7, 8.2.2, 12.1, 13.5.2 Instruments of Service, Definition of 1.1.7, 1.5, 1.6 Insurance 6.1.1, 7.3.7, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2,11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2, 11.3.1 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.3.1.5 Insurance Companies, Settlement with 11.3.10 Intent of the Contract Documents 1.2, 4.2.18, 4.2.19, 7.4 Interest 9.7, 13.6 Interpretation 1.4, 4.2.8, 4.2.17, 4.2.18 Interpretations, Written 4.2.17, 4.2.18, 4.2.20 Joinder and Consolidation of Claims Required 15.4.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 3.15.1, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.6, 9.10.2, 10.2.1.2, 11.3.1, 14.2.1, 14.2.2 Labor Disputes 8.3.1 Laws and Regulations 3.2.3, 3.2.4, 3.7, 3.13.1, 10.2.2, 10.2.3, 13.5.1, 14.2.1 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitation on Consolidation or Joinder 15.4.4 Limitations, Statutes of 15.4.1 Limitations of Authority 3.12.4, 4.1.3, 4.2.16 Limitations of Liability 9.6.7, 11.1.1, 12.2 Limitations of Time 3.10.1, 4.2.17, 4.2.20, 8.2.1, 9.3.3, 9.6.1, 9.8.4, 9.10.2, 10.2, 11.1.3, 12.1.1, 12.2.2.2, 12.2.5, 13.7, 14.1.1, 15.2.6.1 Loss of Use Insurance 11.3.3 Material Suppliers 1.5.1, 1.5.2, 3.12, 4.2.6, 4.2.8, 9.3.1, 9.3.1.2, 9.3.3, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.5, 11.3.1 Materials, Hazardous 10.2.4,10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 1.5.2, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 5.2.1, 6.2.1, 9.3.1, 9.3.2, 9.3.3, 9.5.1, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.2, 9.10.5, 10.2.1, 10.2.4, 10.3 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.5, 4.2.11 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.13, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1. 1. 1, 1. 1.2, 3.11, 4.1.3, 4.2.14, 5.2.3, 7, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.4.3, 9.8.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.2.3, 3.7.3, 9.4.3.3, 9.8.2, 9.8.3, 9.9. 1, 11.1.1, 12.2.2.1, 12.2.3,12.2.4,12.2.5 AIA Document A232TM —2009 (formerly A201 TMCMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Tread". Unauthorized reproduction or distribution of this AIA® 7 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 08:06:14 on 10/2212013 under Order No.3374717522_1 which euplms on 04/2912014, and is not for resale. User Notes: (1715746152) Notice 1.5, 2.1.2, 2.2.1, 2.4, 3.2.4, 3.3.1, 3.7.1, 3.7.2, 3.7.5, 3.9.2, 3.12.9, 5.2.1, 6.3, 9.4.1, 9.7, 9.10.1, 9.10.2, 10.2.2, 10.2.6, 10.2.8, 10.3.2, 11.3.6, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1.2, 14.2.2, 14.4.2, 15.1.2, 15.1.4, 15.1.5.1, 15.2, 15.4.1 Notice of Claims 3.7.2, 10.2.8, 15.1.2, 15.4.1 Notice of Testing and Inspections 13.5.1, 13.5.2 Notices, Permits, Fees and 3.7, 7.3.7, 10.2.2 Observations, On -Site 3.2.1, 9.5.1, 12.1.1 Occupancy 2.2.2, 9.6.6, 9.9, 11.3.1.5 On -Site Inspections 4.2.2, 9.10.1, 9.4.4, 9.5.1 Orders, Written 4.2.7, 4.2.18, 4.2.20 Other Contracts and Contractors 1.1.4, 3.14.2, 4.2.9, 6, 11.3.7, 12.1.2 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 4.2, 6.1.2, 6.1.3, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.2, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1, 14.1.3, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.8, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2, 7.3. 1, 8.2.2, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.3.3,11.3.10,12.2.2.1, 12.3,13.5.2,14.2,14.3.1, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1. 1.2, 5.2.1, 5.3, 5.4.1, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.5,1.5, 1.6, 3.11, 3.12.10, 3.17, 4.2.14, 4.2.18, 4.2.20 Partial Occupancy or Use 9.9, 11.3.1.5 Patching, Cutting and 3.74, 6.2.5 Patents and Copyrights, Royalties 3.17 Payment, Applications for 4.2.1, 4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.7, 9.10.1, 9.10.3, 9.10.5, 11.1.3 Payment, Certificates for 4.2.15, 7.3.9, 9.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 15.1.3 Payment, Failure of 9.4.1, 9.5, 9.7, 14,1.1.3 Payment, Final 4.2.1, 9.8.2, 9.10, 11.1.2, 11.3.1, 11.3.5, 12.3, 15.2.1 Payment Bond, Performance Bond and 5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4 Payments, Progress 9.3.1, 9.4.2, 9.6 PAYMENTS AND COMPLETION 9,14 Payments to Subcontractors 5.4.2, 9.3, 9.5.1.3, 9.5.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 9.10.5, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.9,4.2.10,4.2.14 Progress and Completion 8.2, 9.3.1, 9.4.2, 9.6, 9.8, 9.10, 14.2.4, 15.1.6 Progress Payments 9.3.1, 9.4.2, 9.6 Project, Definition of 1.1.4 Project Representatives 4.2.16 Property Insurance 10.2.5,11.3 Project Schedule 3.10.1, 3.10.3, 3.10.4, 4.2.2, 4.2.3, 4.2.4 AIA Document A232TM —2009 (formerly A201TMCMa-1992). Copyright ®1992 and 2009 byThe Amedwn Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 8 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. i This document was produced by AIA software at 08:06:14 on 10/2212013 under Order No.3374717522_1 which aupires on 0412912014, and Is not for resale. User Notes: (1715746152) PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4,9.9.1, 10.2.2,11.1,11.4,13.1,13.4,13.5.1,13.5.2,13.6, 14.1.1, 14.2.1, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.8, 12.2.1 Releases of and Waivers and of Liens 9.10.2 Representations 1.3, 2.2.1, 3.5, 3.12, 6.2.2, 8.2.1, 9.3.3, 9.4.3, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9,4.1.1, 4.2.1, 4.2.2,4.2.10, 5.1. 1, 5.1.2, 13.2.1 Requests for Information 4.2.20 Resolution of Claims and Disputes 15 Responsibility for Those Performing the Work 3.3.2, 3.7.3, 3.12.8, 3.18, 4.2.2, 4.2.5, 4.2.8, 5.3, 6.1.2,6.2,6.3, 9.5.1,9.8.2, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner, Construction Manager and Architect 3.10.1, 3.10.2, 3.11, 3.12,4.2, 5.2, 5.2, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12.5 Rights and Remedies 1. 1.2, 2.3, 2.4, 3.7.4, 3.15.2, 4.2.8, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4,13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4 Safety of Persons and Property 10.2, 10.3,10.4 Safety Precautions and Programs 3.3.1, 3.12, 4.2.5,5.3, 10.1,10.2,10.3,10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12,4.2.9,4.2.10 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.6, 4.2.11, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12,4.2.9, 4.2.10, 4.2.14 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2.2, 4.2.3, 4.2.15, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2,2, 4.2.15, 9.8.3, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.8, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1. 1. 1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Staffing Plan 4.2.3 Statute of Limitations 12.2.5, 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.5, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.10, 10.2.1, 14.1, 14.2 Submittals 3.2.3, 3.10, 3.11, 3.12, 4.2.9, 4.2.10,4.2.11, 5.2. 1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.9, 4.2. 10 Subrogation, Waivers of 6.1.1, 11.3.7 Substantial Completion 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.4 Substitution of Construction Manager 4.1.4 Substitutions of Materials 3.4.2, 3.5, 7.3.8 AIA Document A232TM —2009 (formerly A201'aCMa-1992). Copyright ®1992 and 2009 by Tha American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO 9 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. y This document was produced by AIA software at 08:06:14 on 10/22!2013 under Order No.3374717522_1 which e>pires on 0412912014, and Is not for resale. User Notes: (1715746152) Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.3, 4.2.5, 4.2.8, 4.2.9, 4.2.10, 4.2.11, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.3.3, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 1.1.7, 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2,15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.4, 3.3.3, 4.2.2, 4.2.6, 4.2.8, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 10.3.2,12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 10.3.2, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2. 1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.4.2, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4, 12.2, 13.5,13.7, 14, 15 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Construction Manager 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1,11.3.7 Warranty 3.5, 4.2.15, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 10.3.2,11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.17, 4.2.18 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 5.3, 5.4. 1. 1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A232TM —2009 (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA? 10 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. 1 This document was produced by AIA software at 08:06:14 on 1012212013 under Order No.3374717522 1 which e)yires on 04/2912014, and is not for resale. User Notes: (1715746152) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents. The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement), and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of addenda relating to bidding requirements). § 1.1.2 The Contract. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and the Construction Manager or the Construction Manager's consultants, (3) between the Owner and the Architect or the Architect's consultants, (4) between the Contractor and the Construction Manager or the Construction Manager's consultants, (5) between the Owner and a Subcontractor or Sub -subcontractor (6) between the Construction Manager and the Architect, or (7) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 The Work. The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Multiple Prime Contractors and by the Owner's own forces, including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker. The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14,2.2. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A232TM —2009 (formerly A201TMChla-1992). Copyright* 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® 11 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 09:00:14 on 10/2212013 under Order No.3374717522_1 which expires on 04129/2014, and is not for resale. User Notes: (1715746152) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect, or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 Transmission of Data in Digital Form If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Article 4, the Construction Manager and the Architect do not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall famish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Information and Services Required of the Owner § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or AIA Document A232TM —2009 (formerly A201-CMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaaes. Unauthorized reproduction or distribution of this AIA* 12 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maxlmum extent possible under the law. r This document was produced by AlAsoftware at 08:06:14 on 10/22/2013 under Order No.3374717522_1 which e>plres on 0412912014, and is not for resale. User Notes: (1715746152) the portion of the Work affected by a material change. After the Owner famishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information famished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.2.6 The Owner shall endeavor to forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. § 2.3 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails Within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Construction Manager's and Architect's and their respective consultants' additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect, after consultation with the Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The plural term "Multiple Prime Contractors" refers to persons or entities who perform construction under contracts with the Owner that are administered by the Construction Manager. The term does not include the Owner's own forces, including persons or entities under separate contracts not administered by the Construction Manager. AIA Document A232TM —2009 (formerly A201TMCiila-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document is protected by U.S. Copyright Law and Inlemaaonal Treaaes. Unauthorized reproduction or distribution of this AIA® 13 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 08:06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 04/292014, and is not for resale. User Notes: (1715746152) § 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information famished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Construction Manager and Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information submitted to the Construction Manager in such form as the Construction Manager and Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Construction Manager and Architect any nonconformity discovered by or made known to the Contractor as a request for information submitted to Construction Manager in such form as the Construction Manager and Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instruction concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner, the Construction Manager, and the Architect and shall not proceed with that portion of the Work without further written instructions from the Architect, through the Construction Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. AIA Document A232TM —2009 (formerly A201 TMCMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright Law and Intemaaonal Treaties. Unauthorized reproduction or distribution of this AIA® 14 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 08:06:14 on 10/2212013 under Order No.3374717522_1 which expires on 04/2912014, and Is not for resale. User Notes: (1716746152) § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of the Project already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect, in consultation with the Construction Manager, and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty The Contractor warrants to the Owner, Construction Manager, and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements maybe considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Construction Manager or Architect, the Contractor shall famish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar takes for the Work or portions thereof provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices, and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. The Contractor shall secure and pay for other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in'the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect and AIA Document A232tO —2009 (fonnerly A201TMCMa-1992). Copyright ®1992 and 2009 by The Amadcan Institute of Architects. All rights reserved. Init. WARNING: This AI0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 15 Document, or any portion of i4 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 08:06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 04/29/2014, and Is not for resale. User Notes: (1715746152) Construction Manager will promptly investigate such conditions and, if the Architect, in consultation with the Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect, in consultation with the Construction Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction Manager, and Contractor in writing, stating the reasons. If the Owner or Contractor disputes the Architect's determination or recommendation, either party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the project site during performance of the Work The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect through the Construction Manager, the name and qualifications of a proposed superintendent. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager, or the Architect has reasonable objection to the proposed superintendent or (2) that any of them require additional time to review. Failure of the Construction Manager to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor's Construction Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at AIA Document A232--2009 (formerly A201TMCMa-1992). Copyright ©1992 and 2009 by The Amedcan Institute of Architects. All rights reserved. Init. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 16 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. 1 This document was produced by AIA software at 08:06:14 on 10122/2013 under Omer No.3374717522_1 which a*! res on 04/2912014, and is not for resale. User Notes: (1715746152) appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict with, and as to cause no delay in, the work or activities of other Multiple Prime Contractors or the construction or operations of the Owner's own forces. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter update it as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Construction Manager's and Architect's approval. The Architect and Construction Manager's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Construction Manager and Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall participate with other Contractors, the Construction Manager and Owner in reviewing and coordinating all schedules for incorporation into the Project schedule that is prepared by the Construction Manager. The Contractor shall make revisions to the construction schedule and submittal schedule as deemed necessary by the Construction Manager to conform to the Project schedule. § 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner, Construction Manager and Architect and incorporated into the approved Project schedule. § 3.11 Documents and Samples at the Site The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the Architect and delivered to the Construction Manager for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect and Construction Manager is subject to the limitations of Sections 4.2.9 through 4.2.11. Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Construction Manager or Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Construction Manager Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the Project submittal schedule approved by the Construction Manager and Architect, or in the absence of an approved Project submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of other Multiple Prime Contractors or the Owner's own forces. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Multiple Prime Contractors, AIA Document A232--2009 (formerly A201TMCMa-1992). Copyright ®1992 and 2009 by The Amedcan Institute of Architects. All rights reserved. Intl. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! 17 Document, or any portion of i4 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 08:06:14 on 10122/2013 under Order No.3374717522_I which expires on 0412912014, and Is not for resale. User Notes: (1715746152) § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner, Construction Manager, and Architect, that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed and approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. AIA Document A232TM —2009 (formerly A201TMCMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 18 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxlmum extent possible under the law. I This document was produced by AIA software at 08:06:14 on 10/22/2013 under Order No.3374717522_1 which eryires on 0412912014, and is not for resale. User Notes: (1715746152) § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Multiple Prime Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner's own forces or by other Multiple Prime Contractors except with written consent of the Construction Manager, Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Multiple Prime Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner, or Construction Manager with the Owner's approval, may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner, Architect, or Construction Manager. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect through the Construction Manager. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER § 4.1 General § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. AIA Document A232TM —2009 (formerly A201 TMCMa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 19 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 08:06:14 on 1012212013 under Order No.3374717522_1 which e>pires on 04/29/2014, and is not for resale. User Notes: (1715746152) J 4.1.2 The Owner shall retain a construction manager lawfully licensed to practice construction management or an entity lawfully practicing construction management in the jurisdiction where the Project is located. That person or entity is identified as the Construction Manager in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. § 4.1.4 If the employment of the Construction Manager or Architect is terminated, the Owner shall employ a successor construction manager or architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Construction Manager or Architect, respectively. § 4.2 Administration of the Contract § 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner's representatives during construction until the date the Architect issues the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and Construction Manager (1) known deviations from the Contract Documents and from the most recent Project schedule prepared by the Construction Manager, and (2) defects and deficiencies observed in the Work. § 4.2.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner reasonably informed of the progress of the Work, and will report to the Owner and Architect (1) known deviations from the Contract Documents and the most recent Project schedule, and (2) defects and deficiencies observed in the Work. § 4.2.4 The Construction Manager will schedule and coordinate the activities of the Contractor and other Multiple Prime Contractors in accordance with the latest approved Project schedule. § 4.2.5 The Construction Manager, except to the extent required by Section 4.2.4, and Architect will not have control over, or charge of, construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1, and neither will be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 4.2.6 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Multiple Prime Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect if those communications are about matters arising out of or related to the Contract Documents. Communications by and with the Owner's own forces shall be through the Owner. AIA Document A232" —2009 (formerly A201 TMCMa —1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a 20 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 08:06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 04129/2014, and Is not for resale. User Notes: (1715746152) § 4.2.7 The Construction Manager and Architect will review and certify all Applications for Payment by the Contractor, in accordance with the provisions of Article 9. § 4.2.8 The Architect and Construction Manager have authority to reject Work that does not conform to the Contract Documents and will notify each other about the rejection. The Construction Manager shall determine in general whether the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, upon written authorization of the Owner, whether or not such Work is fabricated, installed or completed. The foregoing authority of the Construction Manager will be subject to the provisions of Sections 4.2.18 through 4.2.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.2.8 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.2.9 The Construction Manager will receive and promptly review for conformance with the submittal requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings, Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and transmit to the Architect those recommended for approval. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents to the Owner and Architect that the Construction Manager has reviewed and recommended them for approval. The Construction Manager's actions will be taken in accordance with the Project submittal schedule approved by the Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review by the Architect. § 4.2.10 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Upon the Architect's completed review, the Architect shall transmit its submittal review to the Construction Manager. § 4.2.11 Review of the Contractor's submittals by the Construction Manager and Architect is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Construction Manager and Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Construction Manager and Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Construction Manager and Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.12 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.2.13 The Construction Manager and the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7. and the Architect will have authority to order minor changes in the Work as provided in Section 7.4. The Architect, in consultation with the Construction Manager, will investigate and make detemvnations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.14 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at the site for the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data, Samples and similar AIA Document A232- —2009 (formerly A201 TMCMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and InternationalTreaties. Unauthorized reproduction or distribution of this AIA® 21 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. f This document was produced by AIA software at 06:06:14 on 10122(2013 under Order No. 3374717522_1 which e)pims on 0412912014, and is not for resale. User Notes: (1715746152) required submittals, in good order and marked currently to record all changes and selections made during construction. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.2.15 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion in conjunction with the Architect pursuant to Section 9.8; and receive and forward to the Owner written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction Manager will forward to the Architect a final Application and Certificate for Payment or final Project Application and Project Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 4.2.16 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.17 The Architect will interpret and decide matters concerning performance under, and requirements of the Contract Documents on written request of the Construction Manager, Owner or Contractor through the Construction Manager. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.18 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.2.19 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and forward each request for information to the Architect, with the Construction Manager's recommendation. The Architect will review and respond in writing to the Construction Manager to requests for information about the Contract Documents. The Construction Manager's recommendation and the Architect's response to each request will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Multiple Prime Contractors or subcontractors of other Multiple Prime Contractors. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager or the Architect has reasonable objection to any such proposed person or entity or, (2) that the AIA Document A232- — 2009 (formerly A201 TMCMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! 22 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 08:06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 04/29!2014, and is not for resale. User Notes: (1715746152) Construction Manager, Architect or Owner requires additional time for review. Failure of the Construction Manager, Owner, or Architect to reply within the 14 -day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor Contractor or other entity. If the Owner assigns the subcontract to a successor Contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor Contractor's obligations under the subcontract. AIA Document A232- — 2009 (formerly A201TMCSAa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 23 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 08:06:14 on 10/22/2013 under Order No.3374717522-1 which wplres on 04129/2014, and is not for resale. User Notes: (1715746152) ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager, and to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Multiple Prime Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other Multiple Prime Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Multiple Prime Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs, including costs that are payable to a separate contractor or to other Multiple Prime Contractors because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of delays, improperly timed activities, damage to the Work or defective construction by the Owner's own forces or other Multiple Prime Contractors. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner, separate contractors, or other Multiple Prime Contractors as provided in Section 10.2.5. § 6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owners Right to Clean Up If a dispute arises among the Contractor, other Multiple Prime Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Construction Manager, with notice to the Architect, will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. AIA Document A232TM —2009 (formerly A201 TMCMa-1992). Copyright* 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA* Document is protected by U.S. Copyright Law and Intemalional Treaties. Unauthorized reproduction or distribution of this AIA® 24 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 06:06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 04/29/2014, and is not for resale. User Notes: (1716746162) § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work § 7.2 Change Orders A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Construction Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: AIA Document A232- —2009 (formerly A2011°CMa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document Is protected by U.S. Copyright Law and Intemanonal Treatles. Unauthorized reproduction or distribution of this AIAo 25 Document, or any portion of it, may result in severe civil and criminal penaRles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:06:14 on 10122/2013 under Order No.3374717522_1 which expires on 04129/2014, end is not for resale. User Notes: (1715746152) .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager and Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final detemtination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Construction Manager and Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Construction Manager and Architect determine to be reasonably justified. The interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either parry to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager and Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Construction Manager shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. AIA Document A232TM —2009 (formerly A201TMCAAa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA0 26 Document, or any portion of 1% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 1 This document was produced by AIA software at 08:06:14 on 10/2212013 under Order No.3374717522_1 which expires on 04129)1014, and is not for resale. User Notes: (1715746152) § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner, Owner's own forces, Construction Manager, Architect, any of the other Multiple Prime Contractors or an employee of any of them, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration, or by other causes that the Architect, based on the recommendation of the Construction Manager, determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 Schedule of Values Where the Contract is based on a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the Construction Manager, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and 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. In the event there is one Contractor, the Construction Manager shall forward to the Architect the Contractor's schedule of values. If there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors' schedules of values only if requested by the Architect. § 9.3 Applications for Payment § 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Construction Manager and Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for AIA Document A232TM —2009 (formerly A201TMCMa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Incl. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 27 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 08:06:14 on 10/22/2013 under Order No.3374717522_1 which wphas on 04129/2014, and Is not for resale. User Notes: (1715746152) Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 Where there is only one Contractor, the Construction Manager will, within seven days after the Construction Manager's receipt of the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. Within seven days after the Architect receives the Contractor's Application for Payment from the Construction Manager, the Architect will either issue to the Owner a Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasons for wnthholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward to the Contractor the Architect's notice of withholding certification. § 9.4.2 Where there are Multiple Prime Contractors performing portions of the Project, the Construction Manager will, within seven days after the Construction Manager receives the Multiple Prime Contractors' Applications for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each of the Multiple Prime Contractors; (2) prepare a Summary of Contractors' Applications for Payment by combining information from each Multiple Prime Contractors' application with information from similar applications for progress payments from other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for Payment; (4) certify the amount the Construction Manager determines is due all Multiple Prime Contractors; and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 9.4.3 Within seven days after the Architect receives the Project Application and Project Certificate for Payment and the Summary of Contractors' Applications for Payment from the Construction Manager, the Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward the Architect's notice of withholding certification to the Contractors. § 9.4.4 The Construction Manager's certification of an Application for Payment or, in the case of Multiple Prime Contractors, a Project Application and Certificate for Payment shall be based upon the Construction Manager's evaluation of the Work and the information provided as part of the Application for Payment. The Construction Manager's certification will constitute a representation that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The certification will also constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 9.4.5 The Architect's issuance of a Certificate for Payment or in the case of Multiple Prime Contractors, Project Application and Certificate for Payment, shall be based upon the Architect's evaluation of the Work, the recommendation of the Construction Manager, and information provided as part of the Application for Payment or Project Application for Payment. The Architect's certification will constitute a representation that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. § 9.4.6 The representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager or Architect. § 9.4.7 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, AIA Document A232m —2009 (formerly A201TMClAa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® 28 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 08:06:14 on 10122f2013 under Order No.3374717522_1 which expires on 04129/2014, and is not for resale. User Notes: (1715746152) sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Construction Manager or Architect may withhold a Certificate for Payment or Project Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations to the Owner required by Section 9.4.4 and 9.4.5 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager will notify the Contractor and Owner as provided in Section 9.4.1 and 9.4.3. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment or a Project Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Construction Manager or Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from the acts and omissions described in Section 3.3.2 because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor; materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to cant' out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by j pint check, the Owner shall notify the Architect and the Construction Manager and both will reflect such payment on the next Certificate for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment or Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Construction Manager will, on request, famish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to famish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner, Construction Manager nor AIA Document A2321° —2009 (formerly A201 TMCNIa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. ]nit. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemaaonal Treaties. Unauthorized reproduction or distribution of this AIA* 29 Document, or any portion of It, may result in severe civil and criminal pen allies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:06:14 on 10/22/2013 under Order No.3374717522_1 which wplres on 04/2912014, and is not for resale. User Notes: (1715746152) Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or famished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 Failure of Payment If the Construction Manager and Architect do not issue a Certificate for Payment or a Project Certificate for Payment, through no fault of the Contractor, within fourteen days after the Construction Manager's receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Construction Manager and Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify the Construction Manager, and the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not sufficiently complete in accordance with the requirements of the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. § 9.8.4 When the Architect, assisted by the Construction Manager, determines that the Work or designated portion thereof is substantially complete, the Construction Manager will prepare, and the Construction Manager and Architect shall execute a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA Document A2321° —2009 (formerly A201TMCMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 30 Document, orany portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. f This document was produced by AIA software at 08:06:14 on 10/22/2013 under Order No.3374717522_I which expires 6n 04/29/2014, and Is not for resale. User Notes: (1715746152) § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will evaluate the completion of Work of the Contractor and then forward the notice and Application, with the Construction Manager's recommendations, to the Architect who will promptly make such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. AIA Document A232- —2009 (formerly A201 TMClaa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 31 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 08:06:14 on 10/2212013 under Order No.3374717522_1 which expires on 04/2012014, and Is not for resale. User Notes: (1715746152) § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Construction Manager's responsibilities for review and coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and cavy on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly AIA Document A232--2009 (formerly A201TMCMa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. /nit. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIAe 32 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 08:06:14 on 10/22/2013 under Order No.3374717522_1 which wpires on 04/2912014, and is not for resale. User Notes: (1715746152) employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either parry suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such parry is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB),encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resumed upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. AIA Document A232TM —2009 (formerly A201" Claa-1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale33 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 08:06:14 on 10/22/2013 under Order 1,10.3374717522_1 which wpires on 0412912014, and is not for resale. User Notes: (1715746152) § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Liability Insurance § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them maybe liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Construction Manager, the Construction Manager's consultants, the Owner, the Architect, and the Architect's AIA Document A232TM — 2009 (formerly A201 TMCMa —1992). Gopyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Intl. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 34 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the mazlmum extent possible under the law. This document was produced by AIA software at 08:06:14 on 1 W2212013 under Order No.3374717522_1 which a>ylres on 04129!2014, and Is not for resale. User Notes: (1715746152) consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 Property Insurance § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Architect's, Contractor's, and Construction Manager's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential lasses due to fire or other hazards however caused. AIA Document A232TM —2009 (formerly A20"CM a —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA* 35 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 08:06:14 on 10/22/2013 under Order No.3374717522-1 which expires on 04/2912014, and is not for resale. User Notes: (1715746152) § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees each of the other, and (2) the Construction Manager, Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance proceeds in accordance with the direction of the arbitrators. AIA Document A232- —2009 (formerly A201TMClka —1992). Copyright 01992 and 2009 byThe Amedcan Institute of Architects. All rights reserved. Init. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA! 36 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 08:06:14 on 10/2212013 under Order No.3374717522_1 which expires on 0412912014, and is not for resale. User Notes: (1715746152) § 11.4 Performance Bond and Payment Bond § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly famish a copy of the bonds or shall authorize a copy to be famished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. § 12.2 Correction of Work § 12.2.1 Before or After Substantial Completion The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors or other Multiple Prime Contractors caused by the AIA Document A232TM —2009 (formerly A20"CMa-1992). Copyright (e1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! 37 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. r This document was produced by AIA software at 08:06:14 on 1012212013 under Order No.3374717522_1 which e)VIres on 04/2912014, and Is not for resale. User Notes: (1715746152) Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither parry to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity or to an officer of the corporation for which it was intended; or if delivered at or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the parry giving notice. § 13.4 Rights and Remedies § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 Tests and Inspections § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and AIA Document A232TM — 2009 (formerly A201 TMCMa —1992). copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 38 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. I This document was produced by AIA sonwere at 08:06:14 on 10/22/2013 under Order No.3374717522_I which wpires on 04/29/2014, and Is not for resale. User Notes: (1715746152) (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. Such costs except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 Time Limits on Claims The Owner and the Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work The Owner and the Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Construction Manager has not certified or the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. AIA Document A232TM — 2009 (formerly A201 ^ CMa-1992). Copydght ®1992 and 2009 by The American Institute of Architects. Ail rights reserved. Init. WARNING: This AIA? Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 39 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. 1 This document was produced by AIA software at 08:06:14 on 10/2212013 under Order No.3374717522_1 which expires on D412912014, and Is not for resale. User Notes: (1715746152) § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: 1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Initial Decision Maker after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: AIA Document A232TM —2009 (formerly A201-CMa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 40 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 08:06:14 on 10/2212013 under Order No.3374717522_1 which expires on 04129/2014, and is not for resale. User Notes: (1715746152) .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work,- and ork;and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no fin-ther subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract The responsibility to substantiate Claims shall rest with the parry making the Claim. § 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager and Architect, if the Construction Manager and or Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Construction Manager will prepare Change Orders and the Architect will issue a Certificate for Payment or Project Certificate for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. § 15.1.5 Claims for Additional Time § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work In the case of a continuing delay only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and AIA Document A232TM — 2009 (formerly A201TMCMa —1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. IDit. WARNING: This AIA` Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIA ° 41 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 08:06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 0412912014, and is not for resale. User Notes: (1715746152) .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either parry or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be famished or (3) advise the Initial Decision Maker that no supporting data will be furnished Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect and Construction Manager, if the Architect or Construction Manager is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other parry file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. AIA Document A232TM —2009 (formerly A201"'CMa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA` Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIA! 42 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. f This document was produced by AIA software at 08:06:14 on 10122/2013 under Order No.3374717522_1 which inpires on 04/29/2014, and Is not for resale. User Notes: (1715746152) § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other parry to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Either parry, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a parry provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the parry sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A232- —2009 (formerly A201TMCMa-1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a 43 Document, or any portion of i4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. f This document was produced by AIA software at 08:06:14 on 10/22/2013 under Order No.3374717522_1 which expires on 0412912014, and Is not for resale. User Notes: (1715748152) THIS PAGE INTENTIONALLY LEFT BLANK mv-AIA Document A132'" — 2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition AGREEMENT made as of the 30th day of June in the year 2014 an imrds, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other n fonnation) document indicates where the author has added necessary information Herculean Concrete Systems, Inc, and where the author has added to or 861 W. Rollins Street deleted from the original AIA text. Boise, ID 836706 This document has Important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is intended to be used In conjunction with AIA Documents Meridian Public Safety Training Center and Meridian Police Dept. Remodel A232TM-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #2 Concrete Edition; B'132TM-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Name, legal status, address and other information) as Adviser Edition; and C132TM-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83702 AIA Document A232TM-2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal staters, address and other imfornation) document is modified. CSHQA 250 S. 51h St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A132- — 2009 `rformerly A101 mCMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAb Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11,00:17 on 0710112014 under Order No.7671846646_1 which expires on 05105/2015, and Is not for rail User Notes: (1648846402) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 13.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of Commencement will be fixed by 'Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 rnav be used when coordinated with the date of commnencenlent. If appropriate, insert requirlementsfor earlier Substantial Completion of certain portions of the Work.) AIA Document A132TM — 2009 !rformerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights loll reserved. WARNING: This AUX Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of .2 this AIA° Document or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:00:17 an 07M/2014 under Order No.7671846646_l which expires on 05/05/2015, and Is not for resale. User Notes: (1648846402) Portion of the Work Substantial Completion Date All July 22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisios, if any, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus payments for early, completion of the Work) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Stun in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be two -hundred and fifteen thousand eight hundred and fifty dollars ($ 215,850.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates sholving the amount for each and the date when that amount expires.) § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price 1vill be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allo11ance and state exclusions, if any, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document A132TM — 2009 formerly A101-CMa —1992). Copyright ®1975, 1960, 1992 and 2009 by The American Institute of Architects. Ali rights Inif. reserved. WARNING: This AIAV Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of 3 this AIA! Document, or any potion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document "a produced by AIA software at 11:00:17 on 07/0112014 under Order No.7671646646_I which expires on 05105/2015, and is not for resale. User Notes: (1646646402) J 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local lasts 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 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 One Hundred percent (100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document At 32- — 20091formerly At 01-CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA 6 Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of 4 this A10 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 11:00:17 on 07/01/2014 under Order No.7671846646_1 which expires on 05/0512015, and is not for resale. User Notes: (1648846402) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.1 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofcompetent jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) AIA Document A1132" — 2009 /formerly A701TM'CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAi Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 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!00:17 on 07/01/2014 under Order Nc.7671846646_1 which expires on 0510512015, and Is not for resale User Notes: (1648846402) 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009. 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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 Qnsert rate of interest agreed upon, if any.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Nanie, address and other information) Cam Echanis Herculean Concrete Systems, Inc. 861 W. Rollins Street Boise, ID 83706 18.5 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 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 At 32-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, AIA Document At 32- —2009 /formerly At01-CIr —1992). Copyright ®1975, 1980, 1992 and 2009 by The American institute of Architects. All rights [nit. reserved. WARNING: This AIA/ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:00:17 on 0710112014 under Order No.7671046646_I which expires on 05/0512015, and Is not for resale. User Notes: (1648846402) § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages 00810 Supplementary 05/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 05/22/14 All Sections 033000 Cast in Place Concrete 042000 Unit Masonry 321313 Concrete Paving 079200 Joint Sealants 321323 Concrete Pavement Joint Sealants § 9.1.5 The Drawings: (Either list the Drativings here or refer to an exhibit attached to this Agreement. h Number . E,�GHtgIT D § 9.1.6 The Addenda, if any: Number One Title Date Date Pages 6/19/14 50 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.- (Paragraphs re:(Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents tivhich are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Contractor's Bid ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1.1 of AIA :Document A232-2009. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AL4 Document A232-2009.) Init. AIA Document Al32Tm — 2009 formerly A101 "rmCMa —1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected b U.S. Copyright ® P y Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 7 the law. This document was produced by AIA software at 11:00:17 on 07/01/2014 under Order No.7671846646 1 which expires on 05/05/2015, and is not for resale. — User Notes: (1648846402) Type of Insurance or Bond Performance and Payment Bond Liability and Workman's Compensation Limit of Liability or Bond Amount ($0.00) 100% See attached Exhibit 1 This Agreement is entered into as of the day and year first written above. OWNER (Signat Tammy de Mayor VO4i" GONloft - CONTRACTOR (Signature) (Printed name and title) Init. """"" "' " — cuua Vormeny A7u1 "GlYla — 1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 11:00:17 on 07/01/2014 under Order No.7671846646 1 resale. which expires on 05/05/2015, and is not for — User Notes: (1648846402) EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL GO.1 TITLE SHEET GO.2 CODE PLAN GO.3 ASSEMBLIES GO.4 ENVELOPE COMPLIANCE & CISCA CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. — FOR REFERENCE ONLY LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A30.1 DOOR SCHEDULES & WINDOW TYPES A11.1INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL SO.1 GENERAL NOTES SO.2 GENERAL NOTES 53.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES PSA PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHTSCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABLING SCHEMATICS AND LABELING TO.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 G0.1 TITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES G0.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL 00.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 11.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T3.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES MS.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT Page 8 of 9 EXMBTT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Employer's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a. General Aggregate $2.000.000 (limit to apply Per Project) b. Products-Cgnleted Operations Aggregate $2.000.000 c. Personal and Advertising Injury $1.000.000 d. Each Occurrence $1.000.000 e. Fire Damage (any one fire) $50.000 f. Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 2 Bid Package Name: CONCRETE Submitted by: (Company Name) Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered W this Bid Package is specified in Volumes One Thru Five of the Specifications and Plan sets Titled 'Meridian Public Safety Training Center and'Renovation/Addition for Meridian Police Dept.' Bidding/General Conditions Division 1 General Requirements (All Sections) 033000 Cast in Place Concrete 042000 Unit Masonry* 321313 Concrete Paving 079200 Joint Sealants* * (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following. • Provide labor, materials and equipment necessary to furnish and install structural and decorative concrete and on grade and elevated concrete slabs in accordance with plans and the Specifications. • Coordinate with Earthwork Contractor for footing excavation and slab prep. • This package includes concrete pumping, admixtures and additives as conditions dictate, • Control and expansion joints, saw cutting, and installation of embedded items. • Install anchor bolts supplied by others. Coordinate with framing and steel contractors for locations. • Grout column base plates. • Furnish and install reinforcing bar and welded wire fabric. Furnish only masonry rebar for installation by others. • Provide OSHA approved protection for reinforcement. • Install joint sealants at concrete to concrete, and concrete to masonry joints as shown. • Install concrete sidewalks, curb and gutter, masonry fence footings, and canopy bases. • Furnish and install drop inlets and grating that occur in curb and gutter. • Coordinate with Earthwork Contractor for excavation and fine grading of base material. • Install bollards, trash enclosure gate posts, and flagpole base supplied by others. • Install bicycle rack supplied by others. • Dispose of all washout concrete and other concrete debris created by this work legally off site. Maintain washout area in a satisfactory condition at all times. • Furnish and install detectable warning panels at pedestrian ramps as shown. • Furnish and install handicap parking signs and posts as shown. • All concrete work to be done in accordance with specified standards. Any work not to required standards must be repaired and brought into compliance with the specified standards. CONTRACTOR BID FORM Bid Package # 2 Page 1 of 3 Concrete • This bid package includes providing, installing and removing of any insulating blankets required to protect concrete constructed under this bid package. • Provide insulating blankets over finished subgrade to protect from freezing prior to concrete placement. • Contractor shall properly cover and protect the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work Acknowledgement of Addendum: #—L(� Base Bid Proposal (Including all applicable taxes; Labor & Material Payment Bonds) Base Bid: $ Z 1 Sr 00 '(WD }(V-JPrA-Q flfl� Tki)5949 - iILi tturtf'M 'EM`'—� Dollars Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building did- educt $ 151 7'700 2 Building Addition on West side of MPD Building 6�educt $ 21 Zap 3 Display Case q Northwest Parking Lot 5 Break Room Remodel 6 Tiered Classroom Fixed Tables 7 Masonry Fence Add -Deduct $ II Add- educt $__tel ��aQ Add -Deduct Add -Deduct Add- 3 ¢ duct $ I ✓� (. 100 The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed wlthoul alterations within five (5) days, and immediately furnish Performance Bond. Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance, All costs shall be included in the lump sum bid. CONTRACTOR BID FORM Bid Package # 2 Page 2 of 3 Concrete The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. Company -LA57304 SlSTi=7V15� t w(✓ Business Address. U I w- ROL4, t W 5 "l 15PtW r M t,5 -V6 Public Works LicenseNo.. IC50005- VP4L,- T Expires �F'30- 14 Idaho Registration No.Ii i 'r� 7&0 1 Expires. I Z A-4 4 Signature _ Date iL E -Mail 6 - f l�S a ASN Printed Name and Title. CAM - A ` �T � iI5 b�`%,L' M4 rt - Phone Number. q ` I � 100o Fax Number. $9 5 - t9q -L,- (Seal (Seal if bid is by a corporation) Subcontractor. (If Aoolicablel Company: Business Public Works License No. Expires Phone Number: Number (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 2 Page 3 of 3 Concrete eace "=IA Document Al 32"m - 2009 Standard Form of Agreement Between Owner and ContractortConstruction Manager as Adviser Edition AGREEMENT made as of the 2nd day of July in the year 2014 (In words, indicate da}; month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Detetions Report that notes added Meridian, ID 83642 information as well as revisions tothe standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other information) document Indicates where the author has added necessary Information TMC, Inc. and where the author has added to or 2313 W. Overland Road. deleted from the original AIA text. Boise, ID 83705 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is Intended to be used Meridian Public Safety Training Center and Meridian Police Dept. Remodel in conjunction with AIA Documents A232TM-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idabo 83642 Construction Manager as Adviser Work defined in Bid Package 43 Masonry Edition; B132TM-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Nance, legal status, address and other 6 fonnation) as Adviser Edition; and C1321°"-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 AIA Document A232T"'-2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal status, address and other information) document Is modified. CSHQA 250 S. 5" St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A132TM —2009 formerly A1101-1992). 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 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 08,08:48 on 07/0312014 under Order No.7671846646_1 which expires on 05105/2015, and Is not for resale. User Notes: (1129466949) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of conm Iencement if it diJfersfrlonl the date of this Agreement or, if applicable, state that the date 14411 be fixed in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 of calendar dms. Alternatively, a calendar date may be used when coordinated 114th the date of commencement. Ifappropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document All 32- — 2009 `rformerly At01TMCMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA b Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA! Document, or any potion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:08:48 on 07/012014 under Order No 7671846646_1 which expires on 0510512015, and is not for resale. User Notes: (1129466949) Portion of the Work Substantial Completion Date All July22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ifarn; for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus paymentsfor early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Stan in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the NVork plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the IvVork plus the Contractor's Fee with a Guaranteed Maximmn Price, in accordance with Section 4.4 below (Based on Bre selection above, complete Section 4.2, 4.3 a• 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One -Hundred Forty Two Thousand Seven -Hundred and Eighty Dollars ($ 142,780 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other idenhficatio: of accepted alternates. If the bidding or proposal doe tan ell is pern lit the Owner to accept other alte7rates subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires.) § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to udfich 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: (Identify allam once and state exclusions, if any, from the allowance price.) Item Allowance 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Mabmum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document A132- — 200911formerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA i Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:08:48 on 0710312014 under Order No.7671846646_1 which expires on 0510512M, and is not for resale User Notes: (1129466949) 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sunt contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local Imus may require payment 1lithin 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, Unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed NVork 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 schedule of values, less retainage of Five percent ( 5 %). 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; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 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 \Vork, a sum sufficient to increase the total payments to One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A132TM —2009 formerly A101TMCNIa-1992). CopydghtO 1975, 1980, 1992 and 2009 by The American Institute of Architects. Ali rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 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 08:00:48 on 071032014 under Order No.7671846646_1 which expires on 0510512015, and is not for resale. User Notes: (1129466949) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: Qf it is intended, prior to Substantial Completion of the entire Work, to reduce or linlit the retainage resultingfi ont the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.3 above, and this is not ewplained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (Ifthe parties mutually agree, insert the name, address and other contact information 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, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Ouvrer and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in 1vr•iting to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofconrpetent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) AIA Document A1132- —2009 loerly A101-CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst• reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 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 08:08:48 on 07103/2014 under Order No.7671846646_1 which expires on 05/0512015, and Is not for resale. User Notes: (1129466949) 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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, tfany.) Zero % 0 § 8.3 The Owner's representative: (Nance, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Nante, address and other information) Michele Hubbard TMC, Inc. 2313 W. Overland Road Boise, ID 83705 § 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 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 Docutnent A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM — 2009 Vormerly A101-CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The Amedcan Institute of Architects. All rights Init. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this A10 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 08:08:48 on 07103/2014 under Order No.7671846646 1 which expires on 0510512015, and is not for resale. User Notes: (1129466949) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Constriction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections Precast Architectural 034500 Concrete Concrete Unit Masonry 042000 Masonry Veneer 042613 Metal Fabrications 055000 Thermal Insulation 072100 Vapor Retarders/Air 072500 Barriers Hollow Metal Doors and 081113 Frames § 9.1.5 The Drawings: (Either list the Draudngs here or refer to an exhibit attached to this Agreement.) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional doctmrents which are intended to form pail of the Contract Doczmrents. AIA Docfanent A23? -2009 prm ides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample funs 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) Contractor's Bid AIA Document At 32m — 2009 Vormerly A10"CIaa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIADocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this A10 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law This document was produced by AIA software at 08:08:48 on 0710312014 under Order No.7671846646-1 which expires on 0610512015, and Is not for resale User Notes: (1129468949) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Doctunent A232-2009. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAL4 Document A232-2009.) Type of Insurance or Bond Performance and Payment Bond Liability and Workman's Compensation This Aa Bement is entered into as of the day and OWNER Tammy de Weerd, Mayor Limit of Liability or Bond Amount ($0.00) 100% See attached Exhibit 1 first written above. (Printed name and title) ERDLA1, IDAHO y S EAI: 6 ,pv 'yJ•�.q ° � tun r R F P4�%�c '7)n, - kr� 6� CONTRACTOR (Signature) (Printed name and title) AIA Document A132T — 2009 formerly A101 TM CI1Aa —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 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 08:08:48 on 07103/2014 under Order No.7671846646_1 which expires on 05/05/2015, and Is not for resale. (1129466949) User Notes: EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. —FOR REFERENCE ONLY LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL S0.1 GENERAL NOTES S0.2 GENERAL NOTES S1.1 FOUNDATION PLAN S2.1 ROOF FRAMING PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS S3.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHTSCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 G0.1 TITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES G0.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL SO.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES 51.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Em lover's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a. General Aggregate $2.000.000 (limit to apply Per Project) b. Products -Completed Operations Aggregate $2,000.000 c. Personal and Advertising Iniury $1,000.000 d. Each Occurrence $1.000.000 e. Fire Damage (any one fire) $50.000 f. Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 3 Bid Package Name: MASONRY Submitted by: (Company Name) 1 M(- ZC\C, Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices staled below. Bidder hereby agrees to commence work under this contract on or before a dale to be specified in written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications. and Plan sets Titled `Meridian Public Safely Training Center' and'Renovation/Addition for Meridian Police Dept.' Bidding/General Conditions Division 1 General Requirements (All Sections) 034500 Precast Architectural Concrete 042000 Concrete Unit Masonry 042613 Masonry Veneer 055000 Metal Fabrications* 072100 Thermal Insulation* 072500 Vapor Retarders/Air Barriers` 081113 Hollow Metal Doors and Frames* * (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following • Provide labor, materials and equipment to install concrete masonry units, mortar and grout materials. • Furnish and install joint reinforcement, masonry anchors, compressible filler, preformed control joint gaskets, bond breaker strips, vapor retarder, membrane sill flashing, and masonry cleaning. • Furnish and install precast concrete sills. • Provide labor and material to receive, layout and install the masonry reinforcing steel, and embedded metal fabrications • Install reglets, anchor bolls, solid grouting of steel pockets in masonry including necessary forms, grouting of embedded bearing and weld plates, templates, supports, and safety protection. • Perform demolition of CMU wall at the Police Department building as noted. Install new door frame in existing CMU wall as shown. • Inslalljoinl sealants at masonry to masonry and masonry to Hollow metal joints as shown. • Provide and remove shoring, scaffolding, and temporary bracing of walls and openings in accordance with all applicable codes and standards, including anchorages, (dead men if required) braces and fastening. • Receive, install, and grout hollow metal frames in masonry walls. • Provide engineered designs, where necessary for construction and removal of shoring and bracing. • This bid package to include providing. and removing of any insulating blankets or covering required to protect materials furnished and installed under this bid package. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work This work does not include: Supply of reinforcing steel and hollow metal frames. CONTRACTOR BID FORM Bid Package # 3 Page 1 of 3 Masonry Acknowledgement of Addendum: # (V /19/f41#____j / / 1# ( 1 1 1 # ( I 1 )# ( l l ) Base Bid Proposal (Including all applicable taxes; p� Labor & Material Payment Bonds) Base Bid: )rK. Wv.rk-&�L �0&1 +u3O S&Aln �\wIAC*4, Dollars Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building Add -Deduct $ N IIA 2 Building Addition on West side of MPD Building Add -Deduct $ (, S3 61 3 Display Case Add -Deduct $ to 4 Northwest Parking Lot Add -Deduct $�:Z 5 Break Room Remodel Add -Deduct $ N w 6 Tiered Classroom Fixed Tables Add -Deduct $ IJ I ai 7 Masonry Fence Add -Deduct $ 33, 2-0-1 . °= The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of insurance. All costs shall be included in the lump sum bid. All bids must be accomoanied by a Bid Bond or Bank Cashiers Check in the amount of 5% of the total bid. made oavable to the Owner. CONTRACTOR BID FORM Bid Package # 3 Page 2 of 3 Masonry The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders Company. Business Address: a 3 (� u) • 0444 V T�j Public Works License No.: 1033S- IIIA A ' 0 �Edt�) Expires: Idaho Registration No.. pe -e- -1-39 'Expires. Signature WDate 6 -C � `� E -Mail: MkL-**kU 4"'+MtM L56ttiY�1 Printed Name and Title. � 4L^-,�, Ac1W0b �rd- i Phone Number: 33 it Fax Number. (Seal 9 bid is by a corporation) C INC Subcontractor. (If Applicable) J•• �.(•••••�••�••• ,•�i C �• ,QORAT•S Company: 3 J 60 :. Business Address: * '• O t Public Works License No. Expires: ••• •• Q ••d•. Phone Number: Fax Number, ,���'•�. OF `�••• (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package #3 Page 3 of 3 Masonry VII&AIA Document A132TM —2009 Standard Form of Agreement Between Owner and ContractorConstructionManager as Adviser Edition AGREEMENT made as of the 1st day of July in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner. added Information needed for its (Nance, legal status, address and other infonnation) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Nance, legal status, address and other it fonnation) document indicates where the author has added necessary Information Mountain Steel and where the author has added to or 712 E. Access Street deleted from the original AIA text. Kuna, ID 83634 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Nance, location and detailed description) This document is Intended to be used in conjunction with AIA Documents Meridian Public Safety Training Center and Meridian Police Dept. Remodel A232ru-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #4 Steel Fabrication 8r Erection Edition; B1 32n'-2009, Standard Form of Agreement Between Owner The Constriction Manager: and Architect, Construction Manager (Nance, legal status, address and other information) as Adviser Edition; and (3132TM-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 AIA Document A232TM-2009 Is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal status, address and other is fonnation) document is modified. CSHQA 250 S. 5h St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A132-- 2009 Vamnerly A101 TMCMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AUX Document is protected by U.B. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this A10 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:59:39 on 07/02(2014 under Order No.7671846646_1 which expires on 0510512015, and Is not for resale. User Notes: (809843017) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents fisted in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fiilly execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of con in tencen ien t, if it dii fersfronI the date of this Agreement or, if applicable, state that the date f ill be fixed in a notice to proceed.) Date of Commencement will be fixed by 'Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 of calendar days. Alterliatively, a calendar date may be used when coordinated 11dtk the date of comniericenrent. If appropriate, insert requireinents for earlier Substantial Completion of certain portions of the Work.) AIA Document At 32- — 2009 fomerly A101 -CMa — 1992). Copyright O 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Drocument Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of 2 this AIA' Document or any portion of it may resultin severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software al 08:59:39 on 0 710 2/2 0 1 4 under Order No.7671846646Ilk_1 which expires on 05105/2015, and is not for resale. User Notes: (809843017) Portion of the Work Substantial Completion Date All July22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ifany, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Rice, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One -Hundred Forty Five Thousand and Seventy Five Dollars ($ 145,075 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the 0lwter to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates shooing the amount for each and the date when that amount expires) § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, ifany, to which the unitprice udll be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any. (Identify allowance and state exclusions, if any, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document Al 32-- 20091Iformerly A701TMCNIa —1992). Copydght ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA 6 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of v� this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:09:38 on 07103/2014 under Order No.7571845640-1 which expires on 0510512015, and Is not for resale. Lear Notes: (1093758025) 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Constriction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Stun to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or• local latus may require payment lvithin a certain period oftime.) § 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Wok 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 schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in due Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 e/a); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 5.1 AA The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified trader the following circumstances: .1 Add, upon Substantial Completion of the Work, a stun sufficient to increase the total payments to One Hundred percent (100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A132TM — 2009 /Iformerly A101-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 Intemational Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of 14 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 08:59:39 on 07/0212014 under Order No.7671846646 1 which expires on 05/0512015, and Is not for resale. User Notes: (809843017) .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. § 5.1 AS Reduction or limitation of retainage, if any, shrill be as follows: (If it is intended, prior to Substantial Completion of the entire {York, to reduce or limit the retainage resulting from the percentages inser red in Sections 5.1.4.3.1 and 5.1.4.3.3 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire Unpaid balance of the Contract Stun, 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, 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 NVork, 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 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information 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, die method of binding dispute resolution shall be as follows: (Check the appropriate box. If the 011mer and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims 11411 be resolved by litigation in a court ofcompetent jur4sdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Otter: (Specify) Init. AIA Document A732--2009 iformerly A101-CMa-1992). Copyllght ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treatise. Unauthorized reproduction or distribution of 5 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 08:59:39 on 07102/2014 under Order No.7671846648_1 which expires on 0510512015, and Is not for resale. User Notes: (809843017) 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. § 7.1.2 The NVork may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stmt contract. (Paragraphs deleted) ARTICLES MISCELLANEOUS PROVISIONS § 8.1 Wltere reference is made in this Agreement to a provision of AIA Document A232-2009 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. Qnsert rate of interest agreed upon, if any.) Zero % 0 § 8.3 The Owner's representative: (Nance, address and other it forncadon) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Peter Karen Mountain Steel 712 Access Street Kuna, ID 83634 § 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 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, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document At 32- — 20091formerly At01-CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute or Architects. All rights Intl reserved. WARNING: This AIA i Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 ,ter, this Ale Document, or any potion of I% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under Yi.Yrt, t the law. This document was produced by AIA software at 08:59:39 on 07102!2014 under Order No.7671846646 1 which expires on 05105/2016, and Is not for resale User Notes: (809843017) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Pages Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections Structural Steel Framing 051200 Architecturally Exposed 051213 Steel Framing Steel Joist Framing 052100 Steel Decking 053100 Metal Fabrications 055000 Pipe Tube Railings 055213 Site Furnishings 129300 § 9.1.5 The Drawings: (Either list the Drmiings here or refer to an exhibit attached to this Agreement.) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (list here any additional documents which are intended to form part of the Contract Documents. AIA Doctmrent.4232-2009 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 .4greenient. They should be listed here only if intended to be part of the Contract Documents) Contractor's Bid ADocument At 32- — 20091Iformerly A101 TMCMa-1992). Copyright ®1975,1980,1992 and 2009 by The American Institute of Architects. All rights IInit.W reserved. WARNING: This AIA y Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA! Document or any potion 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 08:59:39 on 0710212014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (809843017) 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. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of ALA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman"s Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first writta ove. OWNER (Sign zzre CONTRA OR (Signature) Tammy de Weerd, Mayor 44O¢P�ED AUC(�ST' �9 C IAOV�a (Printed name and title) zC Citv of (Printed name and title) A c �A er T SQL AIA Document A132— —2009 formerly A701 TM 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 Intemational Treaties. Unauthorized reproduction or distribution of 8 IA® this ADocument, 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 08:59:39 on 07/02/2014 under Order No.7671846646_1 which expires on 05/0512015, and is not for P resale. User Notes: (809843017) EXHIBITD LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G01 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. —FOR REFERENCE ONLY LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES All.l INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES 51.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAM I NG DETAILS 53.5 FRAMING DETAILS HVAC MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWERPLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABUNG SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS TD.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 9 GO.1 TITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES GO.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1.1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL 50.1 STRUCTURAL NOTES SO.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P23 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE 111.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUM BI NG/MECHANI CAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES MS.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 EO.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES ES.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.S FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXHBTT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Emlover's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a General Aggregate $2,000.000 (limit to apply Per Project) b Products -Completed Operations Aggregate $2,000.000 c Personal and Advertising lniury$1,000.000 d. Each Occurrence $1.000.000 e. Fire Damage (any one fire) $50.000 f Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. provided by an The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 4 Bid Package Name: STEEL FABRICATION & ERECTION Submitted by: (Company Name) ) 10 0 V'IT(,X I l Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written"Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications and Plan sets Titled 'Meridian Public Safety Trainino Center' and Renovation/Addition for Meridian Police Dept.' Bidding/General Conditions Division 1 General Requirements (All Sections) 051200 Structural Steel Framing 051213 Architecturally Exposed Steel Framing 052100 Steel Joist Framing 053100 Steel Decking 055000 Metal Fabrications 055213 Pipe and Tube Railings 129300 Site Furnishings * (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following: • Provide labor, materials, and equipment to fabricate and install all structural, architectural and miscellaneous steel items including columns, beams, angles, steel decking, steel joists, ladders, and metal fabrications. • Furnish for installation by others imbeds, anchor bolts, pipe bollards, bicycle rack. • Coordinate with Rough Carpentry for location of blocking to support screen wall supports. • Provide and remove temporary shoring, and bracing as required forthis work. • Provide openings in metal deck for mechanical penetrations. Coordinate with Mechanical Contractor • Special electrical power services for welding, if required are to be supplied by this Contractor. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does not include: Installation of concrete or masonry embedded items Acknowledgement of Addendum: #J—(6 /19 / / 1#_( / / ) #( / / ) #_( / / ) CONTRACTOR BID FORM Bid Package # 4 Page 1 of 3 Steel Fab. & Erection Base Bid Proposal (Including all applicable taxes; Labor & Material Payment Bonds) Base Bid: $ 15j 0 7 5.00 Ve. `TV Nosotvnd Co xro-vgLi — Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates In any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount I Parking Lot East of MPD Building 2 Building Addition on West side of MPD Building 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel 6 Tiered Classroom Fixed Tables 7 Masonry Fence Add -Deduct $ !d Add -Deduct $ 33 9 9 3. 00 Add -Deduct $ Add -Deduct $ Add -Deduct $ Add -Deduct $ Add -Deduct $ The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of I ntent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. All bids must be accomoanted by a Bid Bond or Bank Cashiers Check in the amount of 5% of the total bid made oavable to the Owner CONTRACTOR BID FORM Bid Package # 4 Page 2 of 3 Steel Fab. & Erection The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. pp Company. 1� cum4c iA Business Address. 7) Z E. AcC¢. SS Sf. KJ na p$3 (oZq Public Works License No.: _%Ax - C -19 $ qu - A A A - y Expires. I 30/19 IdahoReglst tion o. (� — H 552 Expires. i2�.2$ /ly SignatureDate (a Z`I f rq E -Mail. p,J_-PX MJ Lli Cc M Printed Name and Title �j ef�r N lxrQfri St f m oL f Phone Number. Z02 - 344 ' S9 30 Fax Number. 2.08 - 3 q y (Seal if bid is by a corporation) Subcontractor. (If Aoalicablel Company: Business Address: Public Works License No. Expires: Phone Number: Fax Number, (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 4 Page 3 of 3 Steel Fab. & Erection INIDocument A132TM -2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition AGREEMENT made as of the 30th day of June in the year 2014 (Tit words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Nanie, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 Information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Nance, legal status, address and other information) document indicates where the author has added necessary information American Wal lcover, Inc. and where the author has added to or 2685 E. Lanark Street. deleted from the original AIA text. Meridian, ID 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is Intended to be used in conjunction with AIA Documents Meridian Public Safety Training Center A232TM-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #5 Rough Carpentry Edition; 131132n-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Name, legal status, address and other information) as Adviser Edition; and C132TM-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83702 AIA Document A232'""-2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Nance, legal status, address and other information) document is modified. CSHQA 250 S. 5t6 St, Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document At 32- —2009 formerly At0"CMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Archliecls. All rights Inst. reserved. WARNING: This AJA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11,1224 on 07/01/2014 under Order No.7671846646 1 which expires on D510512015, and Is not for resale User Notes: (1194014582) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. 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 ofconmlenc en) ent, if it differs from the date of this Agreement or, if applicable, state that the date will be fired in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 of calendar days. Alternatively, a calendar date may be used 1l4ten coordinated udth the date of commencement. Ifappropriate, insert requirernents for earlier Substantial Completion ofcertain portions of the Work.) AIA Document At 32- — 20091Iformerly A101TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA i Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:12:24 on 07/01/2014 under Order No.7671846646_1 which expires on 051052015, and Is not for resale. User Notes: (1194014562) Portion of the Work Substantial Completion Date All July 22,2W 201 s RP , subject to adjustments of this Contract Time as provided in the Contract Documents. (insert provisions, ifany, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on file selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be One -hundred sixty five thousand six -hundred and sixty three dollars ($ 165,663.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Stun is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showting the amount for each and the date when that amount expires.) § 4.2.3 Unit prices, if any: (Ident)5and state the unit price, and state the quantity limitations, ifany, 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: (Identify allowance and state exclusions, ifany, from the allowance price.) Item Allowance 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document At 32" — 2009 /formerly A101' CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAi Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 11! 12:24 on 07101/2014 under Order No.7671846646 1 which expires on 0510512015, and Is not for resale, User Notes: (1194014582) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall snake progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local Imus nlay require payment tvlthin a certain period oftime.) § 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Zero percent ( 0 e/a); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 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 One Hundred percent ( 100 %) of the Contract Stun, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A1132- — 2009 formerly A101TMCIIa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA i Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:1224 on 0 710 1/2 0 1 4 under Order No.7671846646-1 which expires on 05105/2015, and Is not for resale. User Notes: (1194014582) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion ofthe entire Work, to reduce or limit the retainage resultingfront the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact it formation ofd:e 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, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Oliver and Contractor do not select a method of binding dispute resolution: below; or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofconnpetentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) AIA Document Al 32- — 2009 `formerly At01TMCMa —1992). Copyright ®1975. 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA! Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 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 h the law. This document was produced by AIA software at 11:12:24 on 07101/2014 under Order No. 7671846646_1 which expires on 05/05/2015, and Is not for resale. User Notes. (1194014582) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract maybe terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraplu deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Nance, address and other information) Randy Pierce American Wallcover, Inc. 2685 E. Lanark Street Meridian, ID 83642 § 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 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, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, AIA Document Al 32- — 2009 formerly A70"CMa-1992). Copyright ®1975, 1990, 1992 and 2009 by The American Institute of Architects. All rights Inst reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this A10 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 11:12:24 on 07101/2014 under Order No.7671846646_l which expires on 05/0512015, and Is not for resale. User Notes: (1194014592) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections 061000 Rough Carpentry 061600 Sheathing 061753 Shop Fabricated Wood Trusses 061800 Glues Laminated Construction § 9.1.5 The Drawings: (Either list the Draudngs here or refer to an exhibit attached to this Agreement.) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 Portions of Addenda relating to bidding requirements are not pan 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents uldch are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forns and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only ifintended to be part of the Contract Documents.) Contractor's Bid 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. AIA Document At 32TM-2009 foerly A101-CMa-1992).Copyright®1975,1980,1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIAtrmDocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 lhls AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:1224 on 07/01/2014 under Order No.7671846646_7 which expires on 05/05/2015, and is not for resale. User Notes: (1194014582) (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered into as of the da and year first written aboy.P: f OWN i nature CO TRACTd gnature) Tammy de Weer ayor QO�PTB0 AUGUSrr (Printed name and title) �C� (Printed name a title) IDAHO a � SEAL �yTfB °j the ?RE AbV� OP AIA Document A132T — 2009 formerly A101—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 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:12:24 on 07/01/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1194014582) EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL GO.1 TITLE SHEET G0.2 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. — FOR REFERENCE ONLY LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES ASl.l INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES Sl.l FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHTSCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM TO.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS TO.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 G0.1 TITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES G0.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN 13.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS 5L4I$l&hL lJ $?A1IiPI, T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXHIBrr I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. EmRIgver's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a. General Asereeate $2,000.000 (limit to apply Per Project) b. Products-Complet�perations Aggregate $2,000.000 c. Personal and Advertising Injury $1,000.000 d. Each Occurrence $1,000,000 e. Fire Damage (any one fire) $50,000 f. Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 5 Bid Package Name: Rough Carpentry Submitted by: (Company Name) American Wallcover, Inc. Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications, and Plan sets Titled 'Meridian Public Safety Training Center and 'Renovation/Addition for Meridian Police Deot.' Bidding/General Conditions Division 1 General Requirements (All Sections) 061000 Rough Carpentry 061600 Sheathing 061753 Shop Fabricated Wood Trusses 061800 Glued laminated Construction . (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following: • Provide material, labor and equipment to furnish and install the roof joists. • Furnish and install blocking as indicated • Furnish and install plates at top of walls and beams. • Coordinate with Steel Contractor for location of blocking to support screen walls. • Furnish and install roof sheathing, Simpson hardware, fasteners and. bolts that attach wood members. . • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does not include: Wall sheathing on metal studs. Acknowledgement of Addendum: *k_1 ( 6 / 19 141 #� #_( / / ) #_( / / ) CONTRACTOR BID. FORM Bid Package # 5 Page 1 of 3 Rough Carpentry Base Bid Proposal (Including all applicable taxes; Labor & Material Payment Bonds) Base Bid: $ 165. 663 .00 pp 1 One hundred sixty five thousand, sis hundred sixty three offers Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No Description Amount 1 Parking Lot East of MPD Building 2 Building Addition on West side of MPD Building 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel 6 Tiered Classroom Fixed Tables 7 Masonry Fence Add -Deduct$ NA Add -Deduct$ NA Add -Deduct $ NA Add -Deduct$ NA Add -Deduct $ N A Add -Deduct$ NA Add -Deduct $ NA The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. All bids must be accompanied by a Bid Bond or Bank Cashiers Check in the amount of 5% of the total bid, made payable to the Owner. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. American Wallcover. Inc. Business Address: 96R5 P. L,—le cr Meridian, ID 83642 Public works License No.: PWC—C11186—Unlimited-4 Expires: 05/31/2015 PrintedNaWdarBirtle:Randy PiPrcP/President v SU /•fit40 i i� ~4r. • �srazaJti;;o°�• - over.com CONTRACTOR BID. FORM Bid Package # 5 Page 2 of 3 Rough Carpentry Init. M IIIAIA Document A132'' - 2009 Standard Form of Agreement Between Owner and ContractortConstruction Manageras Adviser Edition AGREEMENT made as of the 1st day of July in the year 2014 (hi words, indicate derv, neonth and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal staters, address and other infownation) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Nance, legal status, address and other information) document Indicates where the author has added necessary Information Overhead Door, Inc. and where the author has added to or 621 Allumbaugh deleted from the original AIA text. Boise, ID 83704 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document Is Intended to be used In conjunction with AIA Documents Meridian Public Safety Training Center and Meridian Police Dept. Remodel A232--2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #9 Overhead Doors Edition; 8132--2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Nante, legal status, address and other information) as Adviser Edition; and C132m-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 AIA Document A232' —2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Nance, legal status, address and other information) document is modified. CSHQA 250 S. 5h St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document All 32- — 2009 Vormarly A101TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:41:04 on 07/0212014 under Order No.7671846646_1 which explres on 05105/2015, and Is not for resale User Notes: (1110735473) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of contntencentent, if it diers ff•ont the date of this Agreement or, if applicable, state that the date will be fired in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: NIA § 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 of calendar days. Alterltatively, a calendar date may be used when coordinated ttdth the date of commencement ff appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A132"' — 2009 /formerly A101'"'CMa —1992). Copyright ®1975, 1980. 1992 and 2009 by The American Institute of Archltects. All rights Inst. reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of rt this ALO 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 09:41:04 on 07/02x2014 under Order 1,10.7671846646 1 which expires on 05105/2015• and Is not for resale User Notes: (1110735473) (L69LZ9009L) saloN inn eleseu Jou lou 51 Pue'gLOZI90190 uo sauldxe 4314M L 949949LL9L'ON letup Japun VLOZI£0/LO uo 6Z:t L:901e ejemjos yly 6q peonpwd sem luawroop s141 -Mal 841 / lapun olgl"od lualxe wnwlxew 341 of Palnoasoud aq 111m pue'soltleued Ieulwu0 pue IIMO el8nes ul linsaa Aew'1, 10 uolpod Rue 1o'luswnaoo aVrII x141 touolinglulslp1ouononpoudaupoz!1o41neun'salleaulleuollewelulpueme-L146pAdo3•s•n Agpalooloudslluawn000 VIV$141;9NIN11VM'P8m89w •llul s14BIAIIV'gDOI14aNIOOriilsul uMPOu'V 841 Aq 600Z Pue Z66L'026L'GL6L *)46I Adoo'(Z66L –OWO „LOLV AIJa-0116WZ–.Zt IV luown*oo VIV (pa;alap sydD.tSp.1Dd) (pa;alap algDs) (pa;alap ydD.lBpdDd) •1oeALL03 umS palelndAS snll of Aldde lou saop 1? se palalop uotloos slay 03ud wnw!xeW paalue;en0 a 1no411m Bad s, olos4uo0 snld q+oM 041 ;o 1900 £1 aouemolltl (aoud aottpmollp atp urodf ,fup f; 'suorsnlola a;p;s pup aoulanottp'ifuuapL) :,fue;l'umS palelndpS aq1 ul popnlmi saomsmolld Y'Z'4 § (00'0$)1!u(l;ad 03!Ld suope11w11 pue s11uf1 wall (•algDorlddD aq 11pi aoud;nun atp yoryem o; 'dttD fr 'suopD;rtuy ,f;pumb ay; ams pup 'aoud;)Lm ay; ams pttD Xffi;uapj) :Am1;t 'saoud nufl £'Z'Y § ('sa ttdxa;unomp svip ttaym a;Dp art pun yaps dofutnow ay; 8upnoys swDusa;)D daq;o yons fo alnpayos D yopuD 'utautaad8y snl; fo uopnoaxa ay; o;;uanbasgns sa;Dtua;ID .Lay;o;dxm o; datmto a y;;Hund s;uatit toop Insodo.ld do 8urppiq atp l 'sa;prua;lD pat daxw fo uoppo fnttap day;o do sdagtunu ay; a;D;s) :hump oql Aq pald000e dgataq om pue sltmwnoo(]1aeuuo J otg ul poqu3sop om u3lgm ,Aue jl'salsuralpl Suwmollo3 aql uo poseq s1 umS palelndl3S a4.L Z'Z'ti § 'slwum3o4 iaeuuo:) aqt ui papinwd se suopalap pue suoillppe 01 130fgns '( 58Z`6 $) sm11oQ ae13 AjgS?H pue paapunH-om j. puesno4.1• aucl`1 aq llegs umS palelnduS oq,L l'Z'4 § wnS pBlelndps z'y § (molaq 9'l'S do S'l'S 'vv; uopoas.ray;/a waldutoo oslp 'anogp uop3alas atp uo paspg nmolaq 6'h do £'h 'Z'6 ttop3as a;aldwoo 'aeogD uouoa/as ay; uo pasvg) molaq q•b uolloaS tplm a3uepao33e to`aoud umui!YuW paaluunnD a tlllm aaa s,iolo uo� aq1 snld 313OL11 ag13o 1soD [ ] molaq £•q uopoaS qum oouepmooe m `aoud umunxel,Q poaluenn0 a ;notp!m aa3 s,lolouguoo 341 snld 3uoM og13o 1soZ) [ ] molaq z•b uouoaS q;pm aomrptoaae ul 'umS pa1rinduS [ X] (xoq a;DudouddD ay; 31oa yo) :Smmollo; aq1;o auo oq llegs umS 1oeAuoD oU '13u4uo:) ag1;o a3uewlo;.Lad s,aol3exluoZ)oql so3 sparg lua.um3 ul umS 13eAuo:) atp 3o13eRuoD aq1 Sed llegs mumo aU L'Y § Wf1S 10"MOD b 3101AY •,Sep mpualeo zad 00'005$ am sa8emea palepinbiI (-4doAj ay; fo tuoualdwoo dldpa dof s;uaut fDd s utoq dof.to ann; tto rlot;aldwoj ID1;t1D;sgns aaaplop o; a.Dglpf o; 8irl;pla t saBpntvp pa;Dpinbg dof'duv fr 'sY1oul-told;dasul) m •sluou3oQ 13enuoo aq1 m popinoid se aauy 1oequoD sltB3o sluauAsnfpe o113afgns ' 5102 `ZZA[nf 11v Brea uo!1a1dwo01el)uelsgnS VOM 04110 uo!lLod § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Constriction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Stun to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local laws nnay require payment lt4thin 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 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 ofthe Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Wok by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and A 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. § 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 One Hundred percent (100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and Unsettled claims; and AIA Document A132TM — 2009 formeriy A101TMCMa-1992). Copyright®1975, 1980, 1892 and 2009 by The American Inali 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 4 this AIA° Document, or any potion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under /OtW the law. This document was produced by AIA software at 09:41:04 on 0710212014 under Order No.7671846646_1 which expires on 05105x2015, and Is not for resale_ User Notes: (1110735473) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfr om the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions far such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. ff the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate bay. If the Owner and Contractor do ?lot select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Clains mill be resolved by litigation 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: (Specify) AIA Document At 32- — 2009 formerly At01" 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 Trestles. Unauthorized reproduction or distribution of this AIAe 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 09:41:04 on 07/02!2014 under Order No.7671846646_1 which expires on 0510512015, and Is not for resale. User Notes: (1110735473) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract maybe terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum Is Based on the Cost of the Work With or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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 thereat; 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.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other it formation) I Rob James Overhead Door, Inc. 621 Allumbaugh Boise, ID 83704 § 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 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, Standard Farm of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document At 32- — 2009 `rformerly A1101' CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t�the law. This document was produced by AIA software at 09:41:04 on 07/02/2014 under Order No.7671846646_1 which expires on 05!0512015, and Is not for resale. User Notes: (1110735473) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9A A The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections Sectional Doors 083613 Sealants 079200 § 9.1.5 The Drawings: (Either list the Dralvings here or refer to an exhibit attached to this Agreement.) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents which are intended to fonn part of the Contract Documents. AIA Doeunrent A232--2009 provides that bidding requirements such as advertisement or invitation to bit( Instructions to Bidders, sample fornis and the Contractor's bid are not parr ofthe Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of tire Contract Documents) Contractor's Bid 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. (State bonding requirements, ifany, and limits of liability for insurance required in Article 11 of AIA Document A232-2009.) AIA Document At 32"' — 2009 formarly A101'?Cma —1992). Copyright ®1975, 1980, 1992 and 2009 by The American InsOtuts of Archltecl5. All rights Intl. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthor12ed reproduction or distribution of 7 this AIA? Document, or any portion of It may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:41:04 on 07/02/2014 under Order No.7671846646_1 which expires on 0510512015, and Is not for (�jr ( resale_ V User Notes: (1110735473) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first written above. WNER (Si TRACT R Signature) Tammy dMayor ABED AUr;U 404 spl (Printed name and title) (Printed name and title) - - --- `�r..� IDAHO J m SEAL AIA Document A132TM —2009 formerly A101 T CMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this Al a 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 09:41:04 on 07/02/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1110735473) EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6,0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. —FOR REFERENCE ONLY LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS AS.1 MILLWORK ELEVATIONS AS.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL SO.1 GENERAL NOTES SO.2 GENERAL NOTES S1.1 FOUNDATION PLAN S2.1 ROOF FRAMING PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS S3.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0,1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS TO.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 GO.iTITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES G0.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL C0,0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL SO.1 STRUCTURAL NOTES SO.2 STRUCTURAL NOTES 51.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 PO.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL EO.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS TO.1 TELECOM SYMBOLS AND ABBREVIATIONS Tl.O TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL S0,1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES 51.1 FOUNDATION PLAN S1,2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2,2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8,1 HVAC CONTROLS PO.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 EO.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE &SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS TO.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 ENH BTT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Emplover's Liability $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a GeneralAggregate $2,000,000 (limit to UplyPerProiect) b Products Completed Operations Aggregate $2.000,000 c Personal and Advertising Inim $1.000-000 d. Each Occurrence $1,000,000 e Fire Damage Lary one fire) $50,000 f Medical Expenses (any one Verson) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability" CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Package # 9 Bid Package Name: Overhead Doors Submitted by: (Company Name) Bid Due by: 2:00 PM Bid Date: June 24, 2014 0,j e -r Vwc- A a r7 r S- Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices staled below. Bidder hereby agrees to commence work under this contract on or before a dale to be specified in written "Notice to Proceed' by the owner and substantially complete the workwithin the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications and Plan sets TilledMeridian Public Safety Training Center' and'Renovation/Addition for Meridian Police Dept' Bidding/General Conditions Division 1 General Requirements (All Sections) 083613 Sectional Doors 679200 Sealants" (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following • Provide material, labor and equipment to furnish and install overhead doors and operators. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. Acknowledgement of Addendum: # I ( L/11/lyl / / I# ( I I j #_( / I ) #( / / ) Base Bid Proposal (Including all applicable taxes; 9 r a 5 Labor & Material Payment Bonds) Base Bid: $ CONTRACTOR BID FORM Bid Package # 8 Page 1 of 3 Overhead Doors Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specked for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building Add -Deduct$ g/t- 2 Building Addition on West side of MPD Building Add -Deduct $ fJ / 4- 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel Add -Deduct $ Ail+ Add-DeductS Arlo Add -Deduct $ All,+ 6 Tiered Classroom Fired Tables Add -Deduct $ A114 7 Masonry Fence Add -Deduct$ AA The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if Issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. All bids must be accompanied by a Bid Bond or Bank Cashiers Check in the amount of 5% of the total bid made payable to the Owner. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. V Company: V 2TVu..4_r1- Co r Business Address. (.Z1 A-))u�b&�_e� Public Works License No.. 116 9 I - 13 —'7 6>b (1 b) Expires: 7�1 1— Printed Name and Title�` PhoneNumber.ZO0 37S 01'3-) Fax Number: �ZJti> 377 0�`/� (Seal if bid is by a corporation) CONTRACTOR BID FORM Bid Package Al B Page 2 of 3 Overhead Doors Subcontractor. (if Applicable) Company. Business Address, Public Works License No. Expires. Phone Number: Fa Number. (Ir there is morethan one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 8 Page 3 of 3 Overhead Doors TT 11�A1 Document A132rN —2009 Standard Form of Agreement Between Owner and ContractorfConstruction Manager as Adviser Edition AGREEMENT made as of the 1st day of July in the year 2014 (Lt words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 Information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other infonnation) document Indicates where the author has added necessary information Arcltitectural Glass & Glazing and where the author has added to or 909 N. Orchard Street deleted from the original AIA text. Boise, ID 83706 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is intended to be used Meridian Public Safety Training Center and Meridian Police Dept. Remodel In conjunction with AIA Documents A232TM-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #10 Glass & Glazing Edition; B 132r —2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Name, legal status, address and other infonnation) as Adviser Edition; and C1327M-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 AIA Document A232T —2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal status, address and other information) document is modified. CSHQA 250 S. 5h St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A132TM — 20091formerly A101 TMClga-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:00:31 on 0 710 212 014 under Order No.7671846646_1 which expires on 0 510 51201 5, and is not for resale User Notes: (1144026966) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. 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. airsert the date of commencement, ifitdiers fi•onr the date ofthis Agreement or, ifapplicable, state that the date still be fcred in a notice to proceed.) Date of Commencement will be fixed by 'Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 of calendar dgys. Alternatively; a calendar date may be used when coordinated 114th the date of commencement If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) AIA Document A132TM — 2009 formerly AI O"CMa —1992). Copyright 01975, 1980,1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and inlematianal Trestles. Unauthorized reproduction or distribution of 2 this AIA! Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:00:31 an 0710212014 under Order No.7671846646_1 which expires on 06!05/2015, and Is not for resale. User Notes: (1144026966) Portion of the Work Substantial Completion Date All )uly22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (bnsert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus pajmtents for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Stmt in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maxhnum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Sixty Seven Thousand Two -Hundred and Twenty Five Dollars ($ 67,225 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. If the bidding orproposal documents permit the amer to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates sholdng the amount for each and the date when that amount expires) § 4.2.3 Unit prices, if any: (Idents and state the unit price, and state the quantity limitations, 1f any, to which the unit price mill be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, ifany, from the allowanceprice.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document A132TM — 2009 formerly A101—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 3 this AIAe 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 16:44:02 on 07/02r2014 under Order No.7671846646_1 which expires on 0510512015, and is not for resale. User Notes: (2018193990 ) 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on die last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a monde, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment m4thin 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show die 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 die provisions of the Contract Documents, the amount of each progress payment shall be comparted as follows: .1 Take that portion of the Contract Sinn 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 Sinn allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of die 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 advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager or Architect has withlield or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. 15.1.4.4 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 \York, a sum sufficient to increase the total payments to One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A132- —2009 formerly A10 I -CMa-1992). Copyright ®1975, 1980,1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and intemational Treaties. Unauthorized reproduction or distribution of 4 this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 10:00:31 on 07102/2014 under Order No.7671846646_1 which expires on 05105k015, and Is not for resale. User Notes: (1144026966) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (if it is intended, prior to Substantial Completion of the entire Mork, to reduce or limit the retainage resultingfirorn the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.3 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 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, 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 Maximmn 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 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the tante, 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, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Ouner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims Hull be resolved by litigation in a court ofconipetentjurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] litigation in a court of competent jurisdiction. [ ] Other: (Specify) AIA Document A132TM-2009 formerly A701 TMCNI a — 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 Intemational Tmatles. Unauthorized reproduction or distribution of 5 this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:00:31 on 0 710 212 01 4 under Order No. 7671546646_1 which expires on 0510512015, and Is not for resale. User Notes: (1144026966) 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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. assert rate ofinterest agreed upon, ifany.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other Information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Tom Reeder Architectural Glass & Glazing 909 N. Orchard Street Boise, ID 83706 § 8.5 Neither the Owner's nor the Contractors representative shall be changed without ten days written notice to the other party. § 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, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM — 200911frm oerly 10 A101Chia —1992). Copyright ®1975,1980,1992 and 2009 by The American Institute of Architects. All rights /nit. reserved. WARNING: This AIA y Document Is protected by U.S. Copyright Law and international Trestles. Unauthorized reproduction or distribution of 6 this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 10:00:31 on 0710212014 under Order No.7671846646_1 which expires on 05105/2015, and Is not for resale. User Notes: (1144026966) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Division 1 General Requirements 5/22114 All Sections Sealants 079200 Aluminum Framed 084113 Entrances and Storefronts Fiberglass Sandwiched 084523 Panel Assemblies Unit Skylights 086200 Glazing 088000 Architectural Window 088720 Film § 9.1.5 The Drawings: (Either list the Draltdngs here or refer to an exhibit attached to this Agreement.) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 Pages 6 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents ilddch are intended to fonn part of the Contract Documents. AIA DociunentA232-1009 provides that bidding requirements such as advertisement or invitation to bid, Inst7uctions to Bidders, sample forns and the Contractor's bid are not part of the Contact Documents unless enumerated in this Agreement. They should be listed here onh, if intended to be part of the Contract Documents.) Contractor's Bid AIA Document A132TM — 2009 Formerly A10"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 7 this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:00:31 on 07/02/2014 under Order No.7671846646_1 which expires on 0510512016, and is not for resale. User Notes: (1144026966) 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. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAL4 Document A232-2009) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first writte above. OW RACT ignaticre) Tammy de Weerd, Mayor i (Printed name and title) �o _"`i(1 E IDIAN st 10 10 J �n E 4- rb ited name and title) AIA Document At 321 — 2009 formerly A101—CMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. Air rignls Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of $ this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:00:31 on 07/02/2014 under Order No.7671846646_1 which expires on 0510512015, and is not for resale. User Notes: (1144026966) EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL GO.1 TITLE SHEET GO.2 CODE PLAN GO.3 ASSEMBLIES GO.4 ENVELOPE COMPLIANCE & CISCA CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN CS.O SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVILDETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. -FOR REFERENCE ONLY LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN All ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A15.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A83 EXTERIOR DETAILS A9,1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES 51.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL EO.1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE UNE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM TO.1 TELECOM SYMBOLS AND ABBREVIATIONS TO.2 TELECOM CABLING SCHEMATICS AND LABELING TO.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL . r. GO.1 TITLE SHEET GO.2 CODE DATA & BUILDING ASSEMBLIES GO.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN CS.O SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL SO.1 STRUCTURAL NOTES SO.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Package # 10 Bid Date: June 24, 2014 Bid Package Name: GLASS AND GLAZING Submitted by: (Company Name) /,gyp I `a-,ecrimo4 6�,SS it &,4,1 7—ily6- Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications and Plan sets Titled 'Meridian Public Safety Training Center and'Renovation/Addition for Meridian Police Dept' Bidding/General Conditions Division 1 General Requirements (All Sections) 079200 Sealants* 084113 Aluminum Framed Entrances and Storefronts 084523 Fiberglass Sandwiched Panel Assemblies 088200 Unit Skylights 088000 Glazing (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is riot limited to the following: • Provide material, labor, and equipment necessary to furnish and install aluminum doors and windows, • Furnish and install skylights, glazing in hollow metal frames, glazing required at doors, mirrored glass, • Provide joint sealants as applicable to this work. • Furnish and install Kalwal system at entry • Break metal and Flashings that matches aluminum frames is part of this bid package. • Remove windows from existing wall indicated to be demolished. • Remove and salvage glazing from hollow metal frames indicated to be removed • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does not include: Hollow metal window frames, metal framed mirrors specked in 102800. Acknowledgement of Addendum: 9 1 ( (Q/f$/j�1 / / 1# ( / / j, #_( l I ) #_( I I ) CONTRACTOR BID FORM Bid Package# 10 Page 1 of 3 Glass and Glazing Base Bid Proposal (Including all applicable taxes; Gj% ZT J Labor & Material Payment Bonds) Base Bid: $ i S� x7l� �'E✓ 'T,yvus's�vn fug tltt{{O d7 ?iEWr 116 ----Dollars Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described In Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building Add -Deduct $ /Y/'r 2 Building Addition on West side of MPD Building 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel 6 Tiered Classroom Fired Tables 7 Masonry Fence Add-INSIM $ } ;,V- 1pZs Add -Moffatt $ =f Add -Deduct $ AIM Add -Deduct$ Add -Deduct 8 Add -Deduct The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any ancifor all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. All bids must be accompanied by a Bid Bond or Bank Cashiers Check in the amount of 5% of the total bid made payable to the Owner. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. Company: +7(!CJJ(�iZ��"Gt2RL j /-MsS if, C'"7_1^16 - Business Address �� �f /1[ • t:l r//�/Zfl .S % a�Lfi .S �i �! C!%tilt Public Works License No.: /IS'Z %+� Expires: Phone Number: ZZb' 375- 0 50 4 Fax Number. -2-0 ✓` - 37s = 377- (Seal if bid is by a corporation) cc? 4k CONTRACTOR BID FORM Bid Package # 10 Page 2 of 3 Glass and Glazing Subcontractor, (If Applicable) Company: '�J%I:. %��J,L,,Gl fiLlf ajiWj"-C� �-Hej Business Address:l�L'� N• // Oer-1141W yT Public Works License No. fppk.Y ^ C' /Y 4406 '—M44 Expires: Phone Number: Z0t3- 37,r 131�Z Fax Num bar. Z09-3217"/GOO (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 10 Page 3 of 3 Glass and Glazing 1 a I Document A132TN -2009 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the I st day of July in the year 2014 (lit words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for Its (Nance, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Nance, legal status, address and other information) document Indicates where the author has added necessary information Creechly Tile & Marble Co., Inc. and where the author has added to or 1034La Point Street deleted from the original AIA text. Boise, ID 83706 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Nance, location and detailed descriptor) This document is intended to be used Meridian Public Safety Training Center and Meridian Police Dept. Remodel In conjunction with AIA Documents A232T —2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #11 Ceramic Tile Edition; 813274-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Nance, legal status, address and other information) as Adviser Edition; and C'132' —2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 AIA Document A232n'-2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Nance, legal status, address and other information) document is modified. CSHQA 250 S. 5'b St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A732TM — 2009 formerly A11011-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Incl. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under I the law. This document was produced by AIA software at 10:36:07 on 07/0212014 under Order No 7871846646_1 which expires on 05/05/2015, and Is not for resale User Notes: (1699961140) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it di�'ers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A 13.2 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: (Iisert number of calendar days. Altentatively, a calendar date may be used when coordinated udth the date of commencement. If appropriate, insert requirements for earlier Substarnial Completion of certain portions of the Work.) AIA Document A732TM — 2009 formerly A101 TMCMa —1992). Copyright ® 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:36:07 on 07/0212014 under Order No.7671846646_1 which expines on 05/05/2015, and Is not for resale. User Notes: (1699961140) Portion of the Work Substantial Completion Date All July22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert protdsimis, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments far early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Stun in current funds for the Contractor's performance of the Contract. The Contract Sinn shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1, 6 belotv.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Thirteen Thousand Eight -Hundred and Fifty Eight Dollars ($ 13,858 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. If the bidding or proposal documents permit the Olivier to accept other alternates subsequent to the execution of this Agreement, attach a schedule of suck other alternates shottdng the amount for each and the date when that amount expires.) § 4.2.3 Unit prices, if any: (Identify mrd state the unit price, and state the quantity limitations, if any, to which the unitprice mill be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Allowance 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) ALA Document At 32^'— 2009 `rformerly A101TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Incl. reserved. WARNING: This AIA b Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document "a produced by AIA software at 16:45:06 on 07/02/2014 under Order No.7671846646_1 which expires on 051052015, and Is net for resale. User Notes: (946238004) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment lvithin a certain period of Ume.) § 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Stun 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 Stun allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 a/o); .3 Subtract the aggregate of previous payments made by the Owner; and A 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. § 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 One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document At 32- — 2009 formerly At 01TMCh1a —1992). Copyright 0)1975, 1980, 1992 end 2009 by The American Institute or Architects. All rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under r the law. This document was produced by AIA software at 10:36:07 on 07/02!2014 under Order No.7671846646_1 which expires on 05105/2015, antl Is not for resale. User Notes: (1699961140) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: Qf it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfront the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Slue contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, 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 bi» ding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method otter than litigation, Claims 11411 be resolved by litigation 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: (Specify) AIA Document A1132--2009 formerly A701^^CMa-1992). Copyright ®1975, 19110, 1992 and 2009 by The Amedcan Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under i the law. This document was produced by AIA software at 10:36:07 on 07/02/2014 under Order No.7671646646_1 which expires on 05105/2015, and Is not for resale. User Notes: (1699961140) 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. § 7.1.2 The work may be suspended by the Owner as provided in Article 14 of AIA Document A232 -2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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, ifany.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other it fonrmtion) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Jack A. Creechley Creechley Tile & Marble Co., Inc. 1034 La Point Street Boise, ID 83706 § 8.5 Neither dte 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 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, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM — 2009 formerly A701-CrAa —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 Intematlonal Treaties. Unauthorized reproduction or distribution of 6 this AIA` Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10,36:07 on 07/02/2014 under Order No.7671846646 1 which expires an 051052015, and Is not for resale. User Notes: (1699961140) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections Sealants 079200 Tiling 093000 § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents which are intended to form part of ire Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only ifintended to be part of the Contract Documents) Contractor's Bid ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1 I of AIA Document A232-2009. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 ofAUI Document A232-2009.) AIA Document At 32- — 2009 formerly A10"CIda —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 10:36:07 an 07/02/2014 under Order No.7671846646_1 which expires on 0 510 512 01 5, and Is not for resale. User Notes: (1699961140) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first written above. OWNER Tammy de Weerd, Mayor �'""�.,� Qo�,I L'AUC QST (Printed name and titl �9 Y I. _ iaaKo .............. SEAL P 0�t6e TR.F CONTRACTOR (Signature i)Ice Creec 4 9 rs.dse (Printed name and title) Init. -- "vvumen[ fa i jz'- — LUU9 Vrormerly A101 T CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 8 t the law. This document was produced by AIA software at 10:36:07 on 07/02/2014 under Order No.7671846646 1 which expires on 05/05/2015, and is not for resale. — User Notes: (1699961140) EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.ITITLE SHEET G0.2 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. -FOR REFERENCE ONLY LANDSCAPE 1.1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 9 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES SO.2 GENERAL NOTES Sl,l FOUNDATION PLAN S2.1 ROOF FRAMING PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS 53.3 FRAMING DETAILS S3.4 FRAMING DETAILS S3.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M 8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHT SCHEDULE 111.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 GO.1 TITLE SHEET GO,2 CODE DATA & BUILDING ASSEMBLIES GO3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE L1.0 LANDSCAPE PLAN L2.OIRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS ASA INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P23 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 EO.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOORTELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.S FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 9 of 8 EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Employer's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 11 Bid Package Name: CERAMIC TILE Submitted by: (Company Name) Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed' by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Packaoe is specified in Volumes One Thru Five of the Specifications and Plan sets Titled 'Meridian Public Safety Training Center' and'Renovation/Addition for Meridian Police Dept.' BiddinglGeneral Conditions Division 1 General Requirements (Ail Sections) 079200 Sealants' 093000 Tiling (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following. Provide material, labor, and equipment necessary for a complete installation of ceramic floor, and glazed wall tile. Furnish and install metal edge strips, joint sealants, and waterproofing membrane as required. Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. Acknowledgement of Addendum: #/(�'1/j1/X#_j ! ! Z# ( / ! j # ( / / ) #_( / / ) Base Bid Proposal (Including all applicable taxes; p�,�r/ ml , Labor & Material Payment Bonds) Base Bid: $ d 0 Dollars CONTRACTOR BID FOR1vf Bid Packase # 11 Page 1 of 3 Ceramic Tile Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid andlor Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building Add -Deduct $ 2 Building Addition on West side of MPD Building Add -Deduct $ NfiQ 3 Display Case Add -Deduct $ 4 Northwest Parking Lot Add -Deduct $ 5 Break Room Remodel Add -Deduct $f 6 Tiered Classroom Fixed Tables Add -Deduct $N{' 7 Masonry Fence Add -Deduct $ The undersigned understands that The Erving Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. All bids must be accompanied by a Bid Bond or Bank Cashiers Check in the amount of 5% of the total bid, made payable to the Owner. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. Business Public Works License No.. 11941—J- 5i Expires. G ' S i3 _ Phone Number. 35<S - z7j/�rl/ Fax Number. (Seal if bid is by a corporation) CONTRACTOR BID FORM Bid Package R 11 Page 2 of 3 Ceramic Tile Subcontractor, !If Applicablel Company. Business Public Works License Phone Number Number (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 11 Page 3 of 3 Ceramic Tile T - AIA Document A132" - 2009 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the 1st day of July in the year 2014 (!n words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other nffornation) completion. The author may also have revised the text of the original City of Meridian All standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions tothe standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other nforanation) document indicates where the author has added necessary information American Wallcover, Inc, and where the author has added to or 2685 E. Lanark Street. deleted from the original AIA text. Meridian, ID 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is intended to be used Meridian Public Safety Training Center in conjunction with All Documents A232'r11-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #12 Gypsum Board Assemblies and Specialties Edition; 8132TM-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Name, legal status, address and other information) as Adviser Edition; and C132'x'-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 All Document A232TM-2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal status, address and other information) document is modified. CSHQA 250 S. 5i° St. Boise, ID 83702 The Owner and Contractor agree as follows. All Document At 32- — 2009 formerly At 01 TMCMa-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 taw and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under t the law. This document was produced by AIA software at I T30.05 an 07101/2014 under Order No. 7671846646_1 which expires on 0 510 512 01 5, and is not for resale. User Notes: (1450735717) TABLE OF ARTICLES 1 THECONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differsfrom the date of this Agreement or, if applicable, state that the date will be fired in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed" If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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: assert number of calendar days. Alternatively, a calendar date may be used when coordinated x7th the date of conrnrencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of tyre Work.) AIA Document At 32" — 2009 formerly, At 01 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst' reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Mae Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:30:05 on 0710112014 under Order No.7671846646_1 which expires on 05/05/2015• and Is not for resale. User Notes: (1450735717) Portion of the Work Substantial Completion Date All Jutyzz,ysW z e 15- R , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ifany, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Stun shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below Based on the selection above, also complete either Section 5.1.4, 5.1. S or 5.1.6 belolv.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Three -hundred twenty five thousand one —hundred and sixty four dollars ($ 325,164 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Stun is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. If the bidding or proposal documents permit the Ouvier to accept other alternates subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires.) § 4.2.3 Unit prices, if any: (Identify and state the twitprice, and state the quantity limitations, ifaiT, to which the unitprice 1vill be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document A1132TM — 20091formerly A101TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA+ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 thls 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 13:30:05 on 0 7101 /2 01 4 under Order No.7671846646_1 which expires on 0 510 512 01 5, and Is not for resale. User Notes: (1450735717) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall snake progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local laws may require payntent ltdthin a certain period ofdtne.) § 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 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: A Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One Hundred percent (100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A132TM — 2009 formerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst, reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of 4 this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:30:05 on 07/0112014 under Order No. 76718466461 which expires on 05/052015, and Is not for resale. User Notes: (1450735717) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting front the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. ("Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for die 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 bas been issued by the Architect; such final payment shall be made by die Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Olivier and Contractor do not select a method ofbinding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Gains will be resolved by litigation in a court ofcompetent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Otlter: (Specify) AIA Document Al 32- — 2009 formerly A10"CMa —1992). Copydght ®1975, 1960, 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 this AIAs 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 13:30:05 on 07/01/2014 under Order No.7671846646_1 which expires on 05105/2015, and Is not for resale User Notes: (1450735717) 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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.) I Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max,lensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Randy Pierce American Wallcover, Inc. 2685 E. Lanark Street Meridian, ID 83642 § 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 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, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM — 2009 rrformerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA y Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:30:05 on 07107@014 under Order No.7671546646 1 which expires on 0510512016, and is not for resale User Notes: (1450735717) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to air exhibit attached to this Agreement.) Section Title Division 1 General Requirements All Sections ISPWC (sections as required) 054000 Cold Formed Metal Framing 061600 Sheathing 066400 Plastic Paneling 072100 Thermal Insulation 072500 VaporRetarders/Air Barriers 078413 Firestopping 079200 Sealants 092216 Non-Structtual Metal Framing 092900 Gypsum Board Systems 095113 Acoustical Panel Ceilings 095113.01 Acoustical Panel Ceilings -Linear Panels 098400 Acoustic Room Components 097723 Fabric Wrapped Panels 101100 Visual Display Surfaces 101419 Dimensional Letter Signage 101423 Panel Signage 102113 Toilet Compartments 102239 Folding Panel Partitions 102600 Wall and Door Protection 102800 Toilet, Bath, and Laundry Accessories 104413 Fire Protection Cabinets 104416 Fire Extinguishers 107516 Ground Set Flagpoles 110900 Knox Box 115213 Projection Screens Date 5/22/14 § 9.1.5 The Drawings: (Either list the Draiirngs here or refer to an exhibit attached to this Agreement.) Pages Pages AIA Document At 32m —2009 formerly At 0 "CM a — 1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights ]nit. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Tmatles. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:30:05 on 0 7101 /2 01 4 under Order No 7671846648_1 which expires on 05105/2015, and Is not for resale. User Notes: (1450735717) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents which are intended to fonn part of the Contract Docinnents. AIA DocunientA232-2009 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.) Contractor's Bid ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1 l of AIA Document A232-2009. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAL4 Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered ' ac of the dgy and year first written above:--' ----- OWNER (Si atrrre CONTRACTOR,(8'ignatjK) mry Tande Weerd, Mayor ((,: P�7D AUGUST r (Printed name and title) 0o-4 9�� (Printed name Id title) G .+v Sf NL y AIA Document A1321 —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 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 13:30:05 on 07/0112014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1450735717) EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FDX LAND SURVEYS, INC. - FOR REFERENCE ONLY LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 h4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES S1.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC MO.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 A.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES PS.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS TO.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 GO.1TITLE SHEET GO.2 CODE DATA & BUILDING ASSEMBLIES GO.3 ENVELOPE COMPLIANCE AND CISCA SURVEY l OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1.1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.151TE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PO.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 60.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Emplover's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a General Aggreeate $2,000,000 (limit to apply Per Project) b. Products -Completed Ooerations Aagregate $2.000.000 c. Personal and Advertising Injury $1.000.000 d. Each Occurrence $1.000.000 e. Fire Damage (any one fire) $50.000 f Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. provided by an Excess or Umbrella Liability Policy The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 12 Bid Package Name: GYPSUM BOARD ASSEMBLIES & SPECIALTIES Submitted by: (Company Name) American Wallcover Inc. Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Bidding/General Conditions Division 1 General Requirements (All Sections) 054000 Cold Formed Metal Framing 061600 Sheathing 072100 Thermal Insulation* 072500 Vapor Retarders/Air Barriers 078413 Firestopping' 079200 Sealants* 098400 Acoustic Room Components 092216 Non -Structural Metal Framing 092900 Gypsum Board Systems 095113 Acoustical Panel Ceilings 095113.01 Acoustical Panel Ceilings -Linear Panels • (As applicable to this work) 098400 Acoustic Room Components 097723 Fabric Wrapped Panels 101100 Visual Display Surfaces 101419 Dimensional Letter Signage 101423 Panel Signage 102113 Toilet Compartments 102239 Folding Panel Partitions 102600 Wall and Door Protection 102800 Toilet, Bath, and Laundry Accessories 104413 Fire Protection Cabinets 104416 Fire Extinguishers 107516 Ground Set Flagpoles 110900 Knox Box 115213 Projection Screens In addition to the work required in the above sections, this bid item includes but is not limited to the following: • Provide labor, material, and equipment necessary for a complete installation of gypsum board assemblies. Furnish and install interior and exterior metal stud framing. • Furnish and install wood sheathing at metal stud locations. Furnish and install acoustical sealants, and building insulation. 16ga. metal track backing for toilet compartments, grab bars, handrails, door holders, and door stops, Metal strap backing for cabinets and specialties, • Acoustic panel ceilings, accessories and seismic bracing including light fixtures. Provide demolition of existing walls and ceilings as indicated. • Provide patching and repair of Gypsum board and acoustical area disturbed by demolition as shown. • Furnish and install specialty items shown above. • Furnish and install folding panel partition including all track mounting hardware and accessories. Provide flagpole sleeve for installation by Concrete Contractor. • Furnish and install Knox Box with recessed mounting kit. Coordinate with Meridian Fire Dept for ordering information. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. CONTRACTOR BID FORM Bid Package # 12 Page 1 of 3 Gypsum Board Assemblies This work does not include: Fire caulking for mechanical, electrical, and fire sprinkler penetrations. Acknowledgement of Addendum: # 1 ( 6 119/141 Base Bid Proposal (Including all applicable taxes; 1 325,164.00 Labor & Material Payment Bonds) Base Bid: $ Thresshundred twenty five thousand, one hundred sisty fouxbolla00/100 Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Altemates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building Add -Deduct $ N A 2 Building Addition on West side of MPD Building Add educt $ 38,735.00 3 Display Case Add -Deduct $ NA 4 Northwest Parking Lot Add -Deduct $ NA 5 Break Room Remodel Add educt$4 , 200.00 6 Tiered Classroom Fixed Tables Add -Deduct $ NA 7 Masonry Fence Add -Deduct $ NA The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. CONTRACTOR BID FORM Bid Package # 12 Page 2 of 3 Gypsum Board Assemblies The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. Company: American Wallcover, Inc. Business Address: 2685 E. Lanark St. Meridian, ID 83642 Public Works License No.:PWC—C11186—Unlimited-4 Expires:05/31/2015 Idaho Regis_Utle o�— _...Expires" 12/14/2014 6/24/14 F_ne.o.Randy@americanwallcover.com Printed Name and Title: /Randy Pierce/President Phone (Seal Public 7-1062 Number. (208)887-1129 Phone Number. Fax Number: (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 12 Page 3 of 3 Gypsum Board Assemblies C=AIDocument Al 32"' - 2009 Standard Form of Agreement Between Owner and ContractorlConstruction Manager as Adviser Edition AGREEMENT made as of the 1st day of July in the year 2014 (lir lvords, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added Information needed for Its (Name, legal status, address mid other information) completion- The author may also have revised the text of the original City of Meridian All standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address mid other information) document indicates where the author has added necessary information BHM & Associates and where the author has added to or P.O. Box 2637 deleted from the original AIA text. Eagle, ID 83616 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document Is intended to be used in conjunction with AIA Documents Meridian Public Safety Training Center and Meridian Police Dept. Remodel A232TM-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #14 Painting Edition; B132TM-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Name, legal status, address and other infonnation) as Adviser Edition; and C'132TM-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 All Document A232''-2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal status, address and other information) document is modified. CSHQA 250 S. 51h St. Boise, ID 83702 The Owner and Contractor agree as follows. All Document A132- — 20091 formerly A101 -Cl —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 Inlemational Trestles. Unauthorized reproduction or distribution of this All Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under i the law. This document was produced by AIA software at 11:05:06 on 0710212014 under Order No.7671846646_1 which expires on 05105/2015, and Is not for resale. User Notes: (1464684856) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs front the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 of calendar days. Alternatively, a calendar date /nay be used when coordinated Midi the date of commencement. Ifappropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A132TM — 2009 formerly A101-CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American InsOtute of Architects. All rights Inst reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 11:0506 on 07/02/2014 under Order No.7671846646_1 which expires on 05105/2015, and is not for resale. User Notes: (1464684856) Portion of the Work Substantial Completion Date All July22, 2015 , subject to adjustments of this Contract Ti1ne as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Stun in current funds for the Contractor's performance of the Contract. The Contract Stun shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the NVork plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Twenty Four Thousand Eight -Hundred and Forty Seven Dollars ($ 24,847 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Omer to accept other alternates subsequent to the execution of this Agreement, attach a schedide of such other alternates shouting the amountfor each and the date when that amount expires.) § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, ifany, to which the unit price 11411 be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price) Item Allowance 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) ('Paragraphs deleted) AIA Document At 32- — 200911formerly A101TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA i Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 16:47:40 an 07102/2014 under Omer No.7671846646_1 which expires on 05105/2015, and is not for resale. User Notes: (1699362392) 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local lautr may require payment lvithin a certain period oftime) § 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Stun among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 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 rite provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .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. 15.1.4.4 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 One Hundred percent (100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document At 32- — 20091formerly A10ITMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Inst tuts of Architects. All rights Inst. reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of 4 this AIA` Document, or any portion of N, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under h the law. This document was produced by AIA software at 11 X05'06 on 07/02/2014 under Order No.7671846646_1 which expires on 05105/2015, antl is not for resale. User Notes: (1464684856) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of tile ell fire Work, to reduce or limit the retainage resulting front the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or Without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. Ifthe (hiller and Contractor do not select a method ofbinding dispute resolution belong or do not subsequently agree int writing to a binding dispute resolution method other than litigation, Claims M11 be resolved by litigation 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: (Specify) AIA Document Al32TM — 2009 formerly A101-CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Archtects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Infemational Treaties. Unauthorized reproduction or distribution of 5 this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:05:06 on 07/02/2014 under Order No.7571846646_1 which expires on 0510512015, and Is not for resale. User Notes: (1464664856) 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232 2009 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 die Project is located. (Insert rate of interest agreed upon, if any.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Ian Graybeal BFIM & Associates P.O. Box 2637 Eagle, ID 83616 § 6.5 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 DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 Tlie Agreement is this executed AIA Document A132 2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM — 2009 ``formerly A101 ^"CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAb Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of s this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11,0506 on 07/0212014 under Order No.7671846646-1 which expires on 0510512015, antl Is not for resale. User Notes: (1464664856) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections Water Repellants 071900 Joint Sealants 079200 Interior Painting 099113 Exterior Painting 099123 High Performance 09600 Coatings § 9.1.5 The Drawings: (Either list the Drattdngs here or refer to an exhibit attached to this Agreement.) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents smith are intended to fonn part of the Contract Documents. AIA DocunientA232-2009 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 ofthe Connect Documents) Contractor's Bid 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. AIA Document A132TM —2009 formerly A101-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 this AIA! Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:05:06 on 0 710 212 01 4 under Order No 7671846646 1 which expires on 0510512015, and Is not for resale. User Notes: (1464684856) (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 of AIA Document A232-2009.) This Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 into as of the day and year fir, OWNER (SiRfiiaKre) -- Tammy de- Weerd, Mayor (Printed name and eoaxa SEAL o� o" A/ 461 Tinted name and title) AIA Document A132- —2009 formerly A10I' 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 Intemational Treaties. Unauthorized reproduction or distribution of 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:05:06 on 07/02/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1464684856) EYHIBITD LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G03 ASSEMBLIES GO.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOXLAND SURVEYS, INC. —FOR REFERENCE ONLY LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 9 A4.4 WALL SECTIONS AS.1 MILLWORK ELEVATIONS A6,1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL SO.1 GENERAL NOTES S0.2 GENERAL NOTES S1.1 FOUNDATION PLAN S2.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS S3.5 FRAMING DETAILS HVAC MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M 5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2of8 PO.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES PSA PLUMBING DETAILS ELECTRICAL EO.1 LEGEND AND UGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE UNE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM TO.1 TELECOM SYMBOLS AND ABBREVIATIONS TO.2 TELECOM CABUNG SCHEMATICS AND LABELING TO.3 TIERED CLASSROOM 128 A/V DETAILS TO.4 CLASSROOM 124 AV DETAILS TO.S CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 GO.1 TITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES GO.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN CS.O SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL S0.1 STRUCTURAL NOTES SO.2 STRUCTURAL NOTES S3.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVACDEMOUTION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOORTELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 9 STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS S33 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES MS.1 HVAC DETAILS M8.1 HVAC CONTROLS PO.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 EO.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES ES.O ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS TO.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory c. Employer's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability ('including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (eaplosion),C (collapse), and U(underground) hazards) 3. Business Auto Liability & $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 14 Bid Package Name: PAINTING Submitted by: (Company Name) Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications and Plan sets Titled 'Meridian Public Safety Training Center' and'Renovation/Addition for Meridian Police Dept.' Bidding/General Conditions Division 1 General Requirements (All Sections) 071900 Water Repellents 079200 Joint Sealants' 099113 Interior Painting 099123 Exterior Painting 09600 High Performance Coatings " (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following: • Provide labor, materials, and equipment for painting interior gypsum board walls and ceilings, interior masonry walls. • Paint interior and exterior exposed structural steel and metal fabrications, interior and exterior flashing and mechanical grilles, interior and exterior doors, frames, railing and trim, and other miscellaneous fabrications and/or surfaces as shown on bid documents. • Provide joint sealants at interior hollow metal door and window frames. • This bid package includes furnishing and installing water repellant at exposed concrete and searing of concrete floors as scheduled. • The final coat of all interior wall paint shall be applied after the finish floor covering and base are installed. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does not include: Traffic striping, mechanical pipe identification. Acknowledgement of Addendum: #—L( 6 / if/ CONTRACTOR BID FORM Bid Package # 14 Page 1 of 3 Painting Base Bid Proposal (Including all applicable taxes; Labor & Material Payment Bonds) Base Bid: $ 241, / Y l / Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and 6s specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No Description Amount 1 Parking Lot East of MPD Building 2 Building Addition on West side of MPD Building 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel 6 Tiered Classroom Fixed Tables 7 Masonry Fence Add -Deduct $ .J, A Add -Deduct Add -Deduct $ id l A Add -Deduct $ id, n Add -Deduct �/i 0.6r O Add -Deduct $ Add -Deduct $ The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within Ove (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. All bids must be accompanied by a Bid Bond or Bank Cashiers Check in the amount of 5% of the total bid made payable to the Owner. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. c"A-fG S Business Address: rU 66,< 4b Public Works License No.: Y W 10 z ("3 -c Idaho Registration No.: � Lc� - SEl if /Y Printed Name and Title:-r-f-/hJ C fe49L1V'C% . !L7� :i er„-'1- iY7 AvrN�. rl - Phone Number: �'(' S �' �L Fax Number: 2qu (Sea[ if bid is by a corporation) L CONTRACTOR BID FORM Bid Package # 14 Page 2 of 3 Painting C=ps Subcontractor. (If Applicable) Company: Business Address: Public Works License No. Expires: Phone Number: Fax Number: (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 14 Page 3 of 3 Painting W' Document A132TN -2009 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the 1st day of July in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian All standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions tothe standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other n fornatiom) document indicates where the author has added necessary information Integrated Interiors, LLC and where the author has added to or 910 E. Franklin Road Suite 105 deleted from the original AIA text. Meridian, ID 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is Intended to be used Meridian Public Safety Training Center and Meridian Police Dept. Remodel in conjunction with All Documents A232TM-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #15 Window Treatments Edition; B'132T 1-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Name, legal status, address and other information) as Adviser Edition; and C132TM-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 All Document A232TM-2009 is adopted in this document by reference. Do not use with other The Architect general conditions unless this (Name, legal status, address and other n fonnation) document Is modified. CSHQA 250 S. 5" St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document At 32- — 2009 formerly A101 -Cl —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This All Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:32:14 on 07/03/2014 under Order No. 7671846646_1 which expires on 0510512015, and Is not for resale. User Notes: (1785027160) 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 6 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. 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 ofcommencement, if it diersfronl the date of this Agreentent or, ifapplicable, state that the date "ill be fired in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed" If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 of calendar days. Alternatively, a calendar date may be used xhen coordinated udth the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document Al 32- — 20091formerly A101TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 0832:14 on 07/03/2014 under Order No 7671846646_1 which expires on 05105/2015, and Is not for resale. User Notes: (1785027160) Portion of the Work Substantial Completion Date All July22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating tofailme to achieve Substantial Completion ort time or for bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Stun in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum price, in accordance with Section 4.4 below (Based on rile selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Stun shall be Four Thousand Seven -Hundred and Thirteen Dollars ($ 4,713 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Stun is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. If the bidding or proposal documents permit the Canter to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates sholldng the amount for each: and the date when that amount expires.) § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, ifany, to which the unit price mill be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allmituice and state exclusions, ifany, from the aAowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document At32TM — 2009 formerly A101TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American institute of Architects. All rights /nit, reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 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 08:3214 on 07/03@014 under Order No.7671846646_1 which expires on 0510512015, and Is not for resale. User Notes: (1 7 550271 60) J 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall [Hake progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local la115 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 a/o). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Zero percent( 0 a/o); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 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 One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A732'v — 2009 formerly A101TMChlla-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of 4 this AIA! Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 08:32:14 on 0 7/0 312 01 4 under Order No.7671846646_1 which expires on 05105/2015, and is not for resale. User Notes: (1785027160) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting front the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (lf the parties mutually agree, insert the name, address and other contact 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, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Osmer and Contractor do not select a method of binding dispute resolution below,, or do not subsequently agree in writing to a binding dispute resolution inethod other than litigation, Clainns will be resolved by litigation 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: (Specify) AIA Document A132" —2009 formerly A101^"CMa-1992). Copyright ®1975, 1980,1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 55 this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 08'32:14 on 07/03/2014 under Order No.7671846646_1 which expires an 05105/2015, and Is not for resale. User Notes: (1785027160) 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009. § 7.2 Where the Contract Sum Is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 6.2 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. assert rate ofinterest agreed upon, ifany.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other it formation) Tom Rice Integrated Interiors 910 E. Franklin Road Suite 105 Meridian, ID 83642 § 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 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, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132-- 200911fomneriy A101TMCMa-1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This ALA b Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of s this AIO Document, or any potion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document Wes produced by AIA software at 08:32:14 on 07!03/2014 under Order No.7671846646_I which expires on 05105!2015, and Is not for resale. User Notes: (1785027160) § 9.1.2 The General Conditions are, AIA Document A232 2009, 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 00810 Supplementary 5/22114 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Date Division 1 General Requirements 5/22114 All Sections Roller Window Shades 122413 § 9.1.5 The Drawings: (Either list the Draudngs here or refer to an exhibit attached to this Agreement) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 Pages 6 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, fbrming part of the Contract Documents are: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents liiiich are intended to form part of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part of die Contract Documents.) Contractor's Bid ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I I of AIA Document A232-2009. (State banding requirements, if any, and limits ofliabiliryfor insurance required in Article 11 ofAlA Document A232-2009) AIA Document A132n' — 2009 Formerly A101-Claa —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 7 this AIAe Document, or any porion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software a108:32:14 on 07/0312014 under Order No. 7671846646_1 which expires on 05/0512016, and is not for resele. User Notes: (1785027160) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and NVorkman's Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first written above. OWNER (Si ati e) Taimny de eerd, Mayor CORACTOR (Signature u7lsow / 0 v "Ev— (Printed name and title) AIA Document A1321 - 2009 formerly A701 T CMa - 1992). Copyright © 1975, 1980, 1992 and 2009 by I ne Amencan msuwLe of r c I L.-.----U'-'- Init. ---,y,,.- Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:32:14 on 07/03/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. (1785027160) User Notes: EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL GOA TITLE SHEET GO.2 CODE PLAN GO.3 ASSEMBLIES GO.4 ENVELOPE COMPLIANCE & CISCA CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. — FOR REFERENCE ONLY LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES S1.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM TO.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABLING SCHEMATICS AND LABELING TO.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS TO.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 GO.1 TITLE SHEET GO.2 CODE DATA & BUILDING ASSEMBLIES GO.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 O F2 TOPOGRAPHIC SURVEY CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUM BIN G/M ECHANI CAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M 5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE MIA FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES ES.O ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXHIBTT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. EmRlover's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a. General Aggregate $2.000.000 (limit to apply Per Project) b. Products-Comnleted Operations Aggregate $2,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 e. Fire Damage (any one fire) $50.000 f. Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. full limit required or by a combination of underlyin provided by an Excess or Umbrella Liability Policy The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 15 Bid Package Name: WINDOW TREATMENTS Submitted by: (Company Name) Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a dale to be specified in written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications and Plan sets Titled 'Meridian Public Safely Trainina Center' and'Renovation/Addition for Meridian Police Dept' Bidding/General Conditions Division 1 General Requirements (AII Sections) 122413 Roller Window Shades . (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following. • Provide all labor, materials and equipment necessary to furnish and install Window Shades as shown. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. Acknowledgement of Addendum: #-J-(l /19/I/{1# ---I / / A# ( / / 1 #_( / / ) #_( / / ) Base Bid Proposal (Including all applicable taxes; do Labor & Material Payment Bonds) Base Bid: '7/ 3 . '('UO2 441G%rs,416AO Su>K,.J Wnron.dDollars Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. CONTRACTOR BID FORM Bid Package # 15 Page 1 of 3 Window Treatments The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building 2 Building Addition on West side of MPD Building 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel 6 Tiered Classroom Fixed Tables 7 Masonry Fence Add -Deduct Add -Deduct Add -Deduct $ Add -Deduct $ Add -Deduct$ Add -Deduct $ Add -Deduct $ The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any ancifor all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. All bids must be accompanied by a Bid Bond or Bank Cashiers Check in the amount of 5% of the total bid made payable to the Owner. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. company: S.JT960,44s) SnY!/�0�staSr /LC Business Address. Bits Y irWr gZrAl A -n 56i4c ,05 AAa&_xp.2"As./r -P-0 -BaGyz Printed Name and Title: l ^ <2zer �i"a w, � � ✓I le 9//�,{-t��IUM/rf N�'� 5 L�' � Phone Number: 6 24 - 5 4 7-9 Fax Number %5—q/93 (Seal If bid is by a corporation) CONTRACTOR BID FORM Bid Package # 15 Page 2 of 3 Window Treatments LUQ Subcontractor, (If Applicable) Company: ,V /.L Business Address: Public Works License No. Expires. Phone Number: Fax Number: (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 15 Page 3 of 3 Window Treatments Integrated Interiors, LLC 910 E Franklin Rd, STE 105 Meridian, ID 83642 Ph: 208-629-3629 Ext. 5 Fax: 208-629-8667 Email: Tom@integmtedcompaniestic.com Submitted To: The Ewing Company Attn: Project Manager Bid Proposal Date: 6/24/2014 Licensing/Registration # Idaho PWC16721-C-3-4, RCE -28248 Washington UBI # 602-926-492 Registration # INTEGIL 896 OH Oregon 199489 Utah 8452779-0161 Project Name: Meridian Public Safety Training Center Project Location: Meridian, ID. We propose to furnish and perform all labor necessary to complete the following: Specification Section DESCRIPTION LINE TOTAL 122413, Roller Shades B.P. 15 6, motorized and 4, manual roller shades per plans, spec and $ 4,713 addenda, Addenda 1 reviewed. Total 4,713 This a quotation on the goods named, subject to the conditions noted and is valid for 90 days Proposal includes all material, labor and any applicable taxes THANK YOU FOR YOUR BUSINESSI Document A132" - 2009 Standard Form of Agreement Between Owner and Contractor, Construction Manageras Adviser Edition AGREEMENT made as of the 1st day of 3uly in the year 2014 an lvords, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner. added information needed for its (Name, legal staters, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor' vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information Treasure Valley Fire Protection Inc. and where the author has added to or 2731 S. Saturn Way deleted from the original AIA text. Boise, ID 83709 This document has Important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is Intended to be used in conjunction with ALA Documents Meridian Public Safety Training Center and Meridian Police Department Addition A232TM-2009, General Conditions of Remodel the Contract for Construction, 1401 E. Watertower Construction Manager as Adviser Meridian, Idaho 83642 Edition; B132T —2009, Standard Work defined in Bid Package #16 Fire Protection Form of Agreement Between Owner and Architect, Construction Manager The Construction Manager: as Adviser Edition; and (Name, legal status, address and other information) C132TM-2009, Standard Form of Agreement Between Owner and The Ewing Company, Inc. Construction Manager as Adviser. 1500 Eldorado, Ste. #4 AIA Document A232n`-2009 is Boise, ID 83704 adopted in this document by reference. Do not use with other general conditions unless this The Architect: document is modified. (Name, legal status, address and other information) CSHQA 250 S. 51h St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document At 32- — 20091formerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA b Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under i the law. This document was produced by AIA software at 08:13:40 on 0 710 212 01 4 under Order No.7671846646_1 which expires on 0510512015, and is not for resale. User Notes: (1113880632) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BON DS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differsfrom the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: NIA § 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: (Iisert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of conmzencement. ffapp•opriate, insert requirements for earlier Substantial Completion of certain portions of the aark.) AIA Document A132TM — 2009 !formerly A101TMCMa —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 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:13:40 on 07102/2014 under Order No.7571846646 1 which expires on 05105/2015, and is not for resale. User Notes: (1113880532) Portion of the Work Substantial Completion Date All .luly22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. Qnsert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on tinle orfor bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Stun shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based ort the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Forty three thousand four hundred dollars ($ 43,400 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If tire bidding orproposal documents permit the 0ltyter to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates shorting the amount for each and the date when that amount expires) § 4.2.3 Unit prices, if any: Qdentify and state the unit price, and state the quantity limitations, ifany, 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: Qdentify allowance and state exclusions, if aiV, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document A732TM — 2009 formerly A101—CMa —1992). Copyright ®1975,1980, 1992 and 2009 by The American Insthute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIAc Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 08:01:22 an 07103/2014 under Order No.7671846646-1 which expires on 051052015, and is not for resale. User Notes: (878260537) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local laws may require payinent lvithin a certain period of thne.) § 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by die share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be fin1her modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One Hundred percent ( 100 %) of the Contract Surn, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A132- — 2009 formerly A101-CMa —19921. Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:13:40 on 0 710212 01 4 under Order No. 7671846646_1 which expires on 05/05/2015, and Is not for resale User Notes: (1113880632) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: afit is intended, prior to Substantial Completion of the entire Mork, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting die 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, 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 \York, 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 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (Ifthe parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. Ifthe Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in 1lr1ting to a binding dispute resolution method other than litigation, Claims will be resolved by litigation 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: (Specify) AIA Document At 32- —2009 formerly A101 TMCMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights /nit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA Document or any potion 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 08:13:40 on 07/0212014 under Order No.7671846646-1 which expires on 05/05/2015, and is net for resale. User Notes: (1113880632) 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 6.2 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.) I Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Nance, address and other information) Greg Patrick Treasure Valley Fire Protection, Inc. 2731 S. Saturn Way Boise, ID 83709 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to die other party. § 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, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132TM —2009 formerly A10'1-CMa —19921. Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08.13.40 on 07102/2014 under Order No.7671846646_1 which expires on 05105/2015, antl Is not for resale. User Notes: (1113880632) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections Firestopping Access Doors and 078413 Frames 083113 Wet Pipe Systems 211313 § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents which are intended to fonn pan of the Contract Documents. AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample fohvus and the Contractor's bid are not pan of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of tire Contract Documents) Contractor's Bid 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. AIA Document At 32- — 2009 formerly Al01" We —1992). Copyright ®1975, 19 80,1992 and 2009 by The American institute of Architects. All rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 08:13:40 on 07102/2014 under Order No.7671846646_1 which expires on 0510512015, and Is not for resale. User Notes: (1113880632) (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Apareen = .,.'ea "'r^ as of the day and year first written above. OWNER Tammy de'Meerd, Mayor (Printed name and title) Att �j E,TDIAN% IgAHO SEAT, r sy Py �- t�'rte_— c ` gtc.ta, 0—ZV& E) ' (((Printed name and title) AIA Document A132T —2009 formerly A101—CMa — 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ngnts Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:13:40 on 07/02/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1113880632) EXHI BIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G0.3 ASSE M BLI ES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. —FOR REFERENCE ONLY LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A43 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES S1.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES MS.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 PO.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL EO.1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWERPLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM TO.1 TELECOM SYMBOLS AND ABBREVIATIONS TO.2 TELECOM CABLING SCHEMATICS AND LABELING TO.3 TIERED CLASSROOM 128 A/V DETAILS TO.4 CLASSROOM 124 AV DETAILS TO.5 CLASSROOM 125 AV DETAILS TO.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 G0.1 TITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES G0.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL 00.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PIAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRSTFLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS AS.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN �.a1"gFJE E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PO.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 9 EO.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS TD.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT Page 9 of 8 EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. EmIlpyer's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a. General Aggregate $2.000.000 (limit to apply Per Project) b. Products -Completed Operations Ag rgrWte $2.000.000 c. Personal and Advertising Injury $1.000.000 d. Each Occurrence $1.000.000 e. Fire Damage (any one fire) $50.000 f. Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. provided by an The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID PROPOSAL FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Package # 16 Bid Package Name: FIRE PROTECTION Submitted by: (Company Name) Treasure Valley Fire Protection, Inc. Bid Due by: 2:00 PM Bid Date: June 24, 2014 Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications and Plan sets Titled'Meddian Public Safety Training Center and'Renovation/Addition for Meridian Police Dept' Bidding/General Conditions Division 1 General Requirements (All Sections) 078413 Firestopping' 083113 Access Doors and Frames 211313 Wet Pipe Systems " (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following: • Provide labor, materials, and equipment necessary to design and install the fire sprinkler system described above and shown on the drawings. • Connect riser to new water main as indicated. • Modify existing fire sprinkler system as needed in remodel areas. • Provide fire stopping for this scope of work Provide and install access doors associated with this work. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. Acknowledgement of Addendum: # 1 (6 119 / 141 #_j / / 1 k_( 1 I Z k---( / / )# ( / / ) Base Bid Proposal (Including all applicable taxes; Labor & Material Payment Bonds) Base Bid: $ 43,400.00 Forty Three Thousand Four Hundred------------------------------------------------------------------------ Dollars CONTRACTOR BID FORM Bid Package# 16 Page 1 of 3 Fire Protection Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specked for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to acceptthe Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No Description Amount 1 Parking Lot East of MPD Building 2 Building Addition on West side of MPD Building 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel 6 Tiered Classroom Fixed Tables 7 Masonry Fence Add -Deduct $ 0.00 NIA Add $ 5,330.00 Add -Deduct $-2-00 NIA Add -Deduct $__2.00 N/A Add -Deduct $ 0.00 Add -Deduct $ 0.00 N/A Add -Deduct $0.00 N/A The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately fumish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. Company: Treasure Valley Fire Protection Inc. Business Address: 2731 S Saturn Way Boise, ID 83709 Public Works License No.: PWC -C -10314-B-4 Expires: 1n-91-14 Idaho Registration No.: RCE -4148 Expires. No: FPSC-001 Printed Name and Phone Number. 208-362-1888 Fax Number: 208-362-2207 (Seal if bid is by a corporation) CONTRACTOR BID FORM Bid Package # 16 Page 2 of 3 Fire Protection Subcontractor. (If Applicable) Company: N/A Business Address N/A Public Works License No. N/A Expires: N/A Phone Number: Number: (IF there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 16 Page 3 of 3 Fire Protection *A1A Document A132T" - 2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition AGREEMENT made as of the 1st day of July in the year 2014 (fit words, indicate day, month and yeard ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added Information needed for its (Name, legal status, address and other infor+nation) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other it formation) document indicates where the author has added necessary information Buss Mechanical Services, hic. and where the author has added to or P.O. Box 190476 deleted from the original AIA text. Boise, ID 83719 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Nance, location and detailed description) This document is intended to be used Meridian Public Safety Training Center and Meridian Police Dept. Remodel in conjunction with AIA Documents A232TM-2009, General conditions of 1401 E. NVatettower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #17 Plumbing Edition; B192n4-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Name, legal status, address and other information) as Adviser Edition; and C132w-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 AIA Document A232r —2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Nance, legal status. address and other is formation) document is modified. CSHQA 250 S. 5" St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A132TM — 2009 formerly A1101-CNIa —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 this AIA` Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 12:54:56 on 0710212014 under Order No.7671846646_1 which expires on 051052015, and Is not for resale. User Notes: (964131438) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE i THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Doctunents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (insert the date of contntencement, if it dilfersfrom the date of this Agreement or, if applicable, state that the date Wil be fired in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed" If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 of calendar• dans. Altenrativeh, a calendar date maybe used when coordinated 144th the date of commencement If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document At 32- — 20091Iformerly A1011eCMa —1992), Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inti reserved. WARNING: This AIA y Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 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 i the law. This document was produced by AIA software at 12:54!56 on 07/02/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (964131438) Portion of the Work Substantial Completion Date All July22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. assert provisions, ifany, for liquidated damages relating to failure to achieve Substantial Completion on t ile or for bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) IX ] Stipulated Sun, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4. 2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Seventy Two Thousand Seven -Hundred and Seventy Nine Dollars ($ 72,779 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Ouster to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates shooing the amountfor each and the date when that amount expires) § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if a» y, to which the unitprice frill be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify alloulanee and state erelusions, if any, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document A132TM-2009 formerly A101TMCMa-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 this AIA* Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:03:06 on 0710312014 under Order No.7671846646_1 which expires on 0510541015, and Is not for resale. User Notes: (1749513548) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application fin- Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local lass nray regtdre payment lvithin a certain period of dyne.) § 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Stun allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 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 One Hundred percent (100 %) of the Contract Stun, less such amounts as the Construction Manager recomnnends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A132m — 2009 formerly A101 -Cl a —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. resolved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 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 f the law. This document was produced by AIA software at 12:54!56 on 07!022014 under Order Nc.7671846646_1 which expires on 051052015, and Is rot for resale, User Notes: (964131438) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfront the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Connect Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) § 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, 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 NVork, 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 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the nate, 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, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the 011mer and Contractor do not select a method ofbinding dispute resolution below; or do not subsequently agree in laiting to a binding dispute resolution method other than litigation, Clahns trill be resolved by litigation in a court of competent ju isdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) AIA Document A132TM — 2009 formerly A101-CMa —1992). Copydght ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaaes. Unauthorized reproduction or distribution of 5 this AIA? Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 12:64:58 on 07/02/2014 under Order No.7671846646_1 which expires on 05/0512015, and Is not for resale. User Notes: (964131438) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be tenninated by the Owner or the Contractor as provided in Article 14 of AIA Docmnent A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232- 2009. § 7.2Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) ARTICLES MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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.) Zero % 0 § 8.3 The Owner's representative: (Nance, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Isaac Nemnich Buss Mechanical Services, Inc. P.O. Box 190476 Boise, ID 83719 § 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 DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are emmnierated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document Al 32TM-2009 formerly AtOlTMCb1a— 1992). CopyrightO 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 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 i the law, This document was produced by AIA software at 12:64:56 on 071022014 under Order No.7671846646_1 which expires on 05105/2015, and Is riot for resale. User Notes: (964131438) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5122114 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to mr exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections Firestopping 078400 Sealants 079200 Access Door 083113 All Sections Division 22 § 9.1.5 The Drawings: (Either list the Drmvings here or refer to an exhibit attached to this Agreement) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19114 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents which are intended to fonn part of the Contract Documents. AIA DocumentA232-2009provides 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 Connect Documents wiless entmrerated in this Agreement. They should be listed here only ifintended to be part of the Connect Documents.) Contractor's Bid ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1 I of AIA Document A232-2009. AIA Document At 32m—20091Iformerly At01 —CM a —1992). Copyright m 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA b Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this A10 Document or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted lathe maximum extent possible under t the law. This document was produced by AIA software at 12:64:56 on 07102/2014 under Order No.7671846646 1 which expires on 05+0512015, and Is not for resale. User Notes: (964131438) (State bonding requirements, if an),, and limits of liability for insurance required in Article 11 ofAL4 Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first written above. OWNER (Sig u Tammy de Weerd, Mayor (Printed name and title) I Att, City 1 k cit. ETDIAME-- ADRHO 6 � SEAL CONTRACTOR (Signature) ('Printed name and title AIA Document A132TM — 2009formerly A101'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 Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 12:54:56 on 07/02/2014 under Order No.7671846646_1 which expires on 05/0512015, and is not for resale. (964131438) User Notes: EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G03 ASSEMBLIES GD.4 ENVELOPE COMPLIANCE & CISCA CIVIL 00.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOXLAND SURVEYS, INC. —FOR REFERENCE ONLY LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN All ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS AS.1 MILLWORK ELEVATIONS A6,1 REFLECTED CEILING PLAN ABA EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES &ELEVATIONS STRUCTURAL S0.1 GENERAL NOTES SO.2 GENERAL NOTES S1.1 FOUNDATION PLAN S2.1 ROOF FRAMING PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 3 P0.1 PIUMRING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL EO.1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE UNE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS TO.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS TO.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 GO.1 TITLE SHEET GO.2 CODE DATA & BUILDING ASSEMBLIES GO.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOUTION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN CS.O SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3,2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES MS,1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3,0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4,1 PANEL SCHEDULES ES.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISHMOOR SCHEDULE Page 6 of 8 STRUCTURAL S0,1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES Sl.l FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE Ml.l FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7of8 E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWERPLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABUNG SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page B of 8 E%IUBTr I INSURANCE REQUIREMENTS Worker's Compensation a State: Idaho Statutory b. Applicable Federal Statutory C. Employer's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. CommercialGmeralLiability(mcludingPremises-Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(uaderground) hazards) a. General Aggregate $2.000,000 nimitto apalyPerProiect) b Products -Completed Operations Aggregate $2.000.000 c Personal andAdverdsingIniury$1000.000 d. Each Occurrence $1.000.000 e Fire Damage (anyone fire) $50.000 £ Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of ingest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 17 Bid Package Name: PLUMBING Submitted by: (Company Name) Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed' by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications, and Plan sets Titled 'Meridian Public Safety Training Center' and'Renoyation/Addition for Meridian Police [)act.' Bidding/General Conditions Division 1 General Requirements (All Sections) 078400 Firestopping` 079200 Sea lance 083113 Access Doors' Division 22 All Sections . (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following • Provide labor, materials, and equipment necessary for a complete and operational plumbing, and fuel gas system in accordance with the plans and specification sections listed above and as shown on the drawings, • Provide final piping connections and condensate drains to HVAC equipment as required. Include fire caulking/safing required for this work. • Provide and install access doors associated with this work. • Perform demolition of plumbing fixtures and piping as shown. • This bid package to include furnishing, installing and removing a temporary 1W diameter freeze -proof hose bib adjacent to the point where the domestic water line enters the building or other approved location. Hose bib to be removed when directed by the Construction Manager. • Coordinate with the owner's commissioning agent for startup and lesling. • Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does not include: Heating Ventilating/Air Conditioning system (except gas, and condensate piping) Fire Sprinkler System in its entirety, and concrete housekeeping pads. Acknowledgement of Addendum: #_j_( 0 6/1 9 11 4 1 #_ � / / 1 #_( / / ) CONTRACTOR BID FORM Bid Package # 17 Page 1 of 3 Plumbing Base Bid Proposal (Including all applicable taxes; Labor & Material Payment Bonds) Base Bid: $, 72, 779.00 SEVENTY TWO THOUSAND SEVEN HUNDRED SEVENTY NINE Dollars Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No Description Amount 1 Parking Lot East of MPD Building 2 Building Addition on West side of MPD Building 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel 6 Tiered Classroom Fixed Tables 7 Masonry Fence Add -Deduct $ N/A Add -Deduct $ B, 815. 00 Add -Deduct $ N/A Add -Deduct $ NIA Add -Deduct$ 957-00 Add -Deduct$ NIA Add -Deduct $ NIA The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid. All bide must be accompanied by a Bid Bond or Rank Cashiers Check in the amount of 5% of the total bid made payable lo the Owner. The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. Company: pi is% mFrHANirAr crRynrecwr Business Address. p o Roo 1 one7a Rr114F ID A4710 Public Works License No.. 14908 -AAA -4 Expires: 08.31 2014 Idaho Registration No.. Rr:F_2A40A Expires: 11 1n 2014 Plumbing Contractors License Printed Name and Title. IRAAr NFMNICH PRC) IFC`T MANAGER Phone Number 208-562-0600 Fax Number: 2n8-562-0555 (Seal if bid is by a corporation) CONTRACTOR BID FORM Page 2 of 3 Bid Package # 17 Plumbing Subcontractor, {If Applicable Company: N/A Business Address. Public Works License No. Expire! Phone Number Fax Number: (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 17 Page 3 of 3 Plumbing T I Document A132n" — 2009 Standard Form of Agreement Between Owner and ContractorConstructionManager as Adviser Edition AGREEMENT made as of the 1st day of July in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 Information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Nance, legal status, address and other information) document indicates where the author has added necessary information Tri Slate Electric, Inc. and where the author has added to or 7790 Mossy Cup deleted from the original AIA text. Boise, ID 83704 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is intended to be used in conjunction with AIA Documents Meridian Public Safety Training Center and Meridian Police Dept. Remodel A232TM-2009, General Conditions of 1401 E. Watertower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #19 Electrical Edition; 13132^-2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Nate, legal status, address and other information) as Adviser Edition; and C132TM-2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 AIA Document A232--2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal status, address and other information) document is modified. CSHQA 250 S. 50' St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A1132-- 20091Iformerly A101 TMCMa-1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAb Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:27:29 on 071022014 under Order No.7671846646-1 which expires on 05/05/2015, and is not for resale User Notes: (1248095571) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents fisted in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commuencentent, if it difersfront the date of this Agreement or, if applicable, state that the date udll be fired in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 of calendar days. Alternatively, a calendar date may be used when coordinated with th a date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document At 32- — 2009 formerly A701' CNIa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Incl. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 112729 on 07102/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1248095571) Portion of the Work Substantial Completion Date All ]uly22, 2015 , 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 ort time or for bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current fimds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sinn shall be Five -Hundred Sixty Seven Thousand Five -Hundred and Seventy Five Dollars ($ 567,575 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Stun is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted altentates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates shooing the aniomtt for each and the date when that amount etpires.) § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, ifany, to which the unit price xdll be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Ident fy allowance and state exclusions, if any, from the allowance price.) Item Allowance 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document At 32- — 20091formerly At 01 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 08:05:40 on 07/0312014 under Order No.7671846646_1 which expires on 0510512015, and Is not for resale. User Notes: (1517761098) 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment u thin 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 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 One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document A132" — 2009 formerly A1101—Clift-1992). Copyright ®1975, 1980,1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this Al a Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under i the law. This document "a produced by AIA software at 11:27:29 on 07102/2014 under Order No.7671846646_1 which expires on 0510512015, and Is not for resale. User Notes: (1246095571) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (/fit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Stun contract. (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Stun, 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the btitial Decision Maker, if other titan 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, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Oliver and Contractor do not select a method of binding dispute resolution below; or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims trill be resolved by litigation 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: (Specify) AIA Document Al 32- — 2009formerly A101TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIAt Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of 5 this Aig Document, or any potion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under i the law. This document was produced by AIA software at 11:2729 on 07/02/2014 under Order No.7671846646_1 which expires on 05/05/2015, and Is not for resale User Notes: (1248095571) ARTICLE 7 TERMINATION OR SUSPENSION 17.1 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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. (hisert rate ofinterest agreed upon, ifany.) Zero % 0 § 8.3 The Owner's representative: (Nance, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Jay Gooden Tri State Electric, Inc. 7790 Mossy Cup Boise, ID 83704 § 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 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, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document A132- — 2009 formerly A10"CNIa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemadonal Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 11:27:29 on 07/02/2014 under Order No.7671846646-1 which expires on 05105/2015, and Is not for resale User Notes: (1248095571) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Speciftcations here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 5/22/14 All Sections Firestopping 078400 Sealants 079200 Electrical All Sections Division 26 Communications All Division 27 Sections Electronic Safety and Division 28 Security All Sections § 9.1.5 The Drawings: (Either list the Dralvings here or refer to an exhibit attached to this Agreement) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents edtich are intended to form part ofthe Contract Documents. AIA Docuntent A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreentent. They should be listed here only if intended to be part of the Contract Documents) Contractor's Bid AIA Document A732" — 2009 formerly A101-CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inti. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:27:29 on 07!02/2014 under Order No.7671846645_1 which expires on 05/0512015, antl Is not for resale. User Notes: (1248095571) 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. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAlA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first written above. OWNER (Si a re) CONT TOR( i ature) Tammy d eerd, Mayor (Printed name and title) City a; �iE IDIAN- lDAHQ 2 SrA F � e�the 76F.01 8AZIMC -- (Printed name and title) AIA Document A132TM' — 2009formerly A101 TM'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 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:27:29 on 07/02/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. (1248095571) User Notes: EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL GOA TITLE SHEET G0.2 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL 00.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. -FOR REFERENCE ONLY LANDSCAPE 1-1.0 LANDSCAPE PLAN 1-2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES All.l INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES 51.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 PD.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHTSCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T0.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 GO.1 TITLE SHEET GO.2 CODE DATA & BUILDING ASSEMBLIES GO.3 ENVELOPE COMPLIANCE AND CISCA SURVEY I OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN CS.O SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES 51.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS 0041101[1,0 Page 7 of 8 EO.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS TO.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.OTELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY. SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXEI[BIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Emplover's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a. General Aggeeate $2.000.000 (limit to apply Per Project) b. Products -Completed Operations Aggregate $2.000.000 c. Personal and Advertising Injury $1.000.000 d. Each Occurrence $1.000.000 e. Fire Damage (any one fire) $50.000 f. Medical Expenses (any one person) $5.000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. full limit required or by a combination of underlyin provided by an Excess or Umbrella Liability Policy The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Date: June 24, 2014 Bid Package # 19 Bid Package Name: ELECTRICAL Submitted by: (Company Name) Tri State Electric, Inc. Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish ali labor, materials, supplies, equipment, supervision, insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written'Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Work covered by this Bid Packaoe is specified in Volumes One Thru Five of the Specifications and Plan sets Titled 'Meridian Public Safety Training Center' and'Renovation/Addition for Meridian Police Dept.' Bidding/General Conditions Division 1 General Requirements (Ali Sections) 078400 Firestopping' 079200 Sealants' Division 26 Electrical All Sections Division 27 Communications All Sections Division 28 Electronic Safety and Security All Sections (As applicable to this work) In addition to the work required in the above sections, this bid item includes but is not limited to the following Provide labor, Materials, and equipment necessary for a complete electrical, telecommunications, security, and fire alarm system installation in accordance with plans and the Specification Sections listed above, This includes necessary permits, fire caulking/safing required for this work. and plywood telephone/data panel boards, This bid package includes temporary power and lighting Furnish, install, maintain and remove at the direction of the project superintendent a minimum of two (2) power distribution (spider) boxes with sufficient supply cords to provide temporary construction power evenly distributed throughout the entire new building. Provide necessary feeder panels and step down transformers in order to supply 120/208 volt electrical service. Location of power source will be identified by addendum. Perform electrical demolition as shown. Furnish, install, maintain, and remove at the direction of the project superintendent, OSHA approved temporary light strings in sufficient quantities to provide minimum illumination as required in — 1926.56 Illumination, of OSHA Construction industry Regulations. Furnish and install (50) extra lamps as required. Properly covering and protecting the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does not include: Concrete housekeeping pads. CONTRACTOR BID FORM Bid Package # 19 Page 1 of 3 Electrical Acknowledgement of Addendum: # ( / / )# ( f / I Base Bid Proposal (including all applicable taxes', 567,575.00 Labor & Material Payment Bonds) Base Bid: $ Five Hundred Sixty Seven Thousand Five Hundred and Seventy Five Dollars Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as Indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building 2 Building Addition on West side of MPD Building 3 Display Case 4 Northwest Parking Lot 5 Break Room Remodel 5 Tiered Classroom Fixed Tables 7 Masonry Fence Add -Deduct $ (ADD) $ 8,660.00 Add -Deduct $ (ADD) $ 57,265.00 Add -Deduct $ (ADD) $ 3,690.00 Add -Deduct $(ADD) $ 2,962.00 Add -Deduct $ (ADD) $ 3,870.00 Add -Deduct $ (ADD) $ 4,805.00 Add -Deduct $ $ 0.00 The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any Informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned agrees in submitting this proposal, that If Issued a Letter of Intent or a Formai Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shall be included in the lump sum bid, All bids must be accompanied by a Bid Bond or Bank Cashiers Check In the amount of 5°% of the total bid made payable to the Owner. CONTRACTOR BID FORM Bid Package # 19 Page 2 of 3 Electrical The undersigned acknowledges receipt and acceptance of the project schedule issued with Instructions to Bidders. Tri State Electric , Inc. Business Address 7790 Public Works License No, 11818-U-4(03300,13110,16000,06700) Explres, 07/31/2014 Idaho Registration No. RCE -2434 Expires. 12/19/2014 Electrical Cdnlcactors License No.: C-1176 E-KUII.jaygooden@tiistateelee.com Printed Name and Title: Jay Gooden Phone Number 208-3624636 (office) 208-861-0672 (cell) Fax Number 208-362-1716 (Seal if bid Is by a corporation) Subcontractor. (if Applicable) Company: N/A Business Address: Public Works License No. Phone Number (if there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 19 Page 3 of 3 Electrical AIA Document A132'' - 2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition AGREEMENT made as of the I st day of July in the year 2014 (fit words, indicate day, monde and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner. added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the teed of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other information) document Indicates where the author has added necessary information NVetlands Northwest LLC DBA Western Idaho Constriction &. and where the author has added to or 100 South Star Road, Suite 112. deleted from the original AIA text. Star, ID 83669 This document has Important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Nance, location and detailed description) This document is intended to be used In conjunction with AIA Documents Meridian Public Safety Training Center and Meridian Police Dept. Remodel A232m-2009, General Conditions of 1401 E. Watettower the Contract for Construction, Meridian, Idaho 83642 Construction Manager as Adviser Work defined in Bid Package #20 Sitework, Utilities & Asphalt Paving Edition; 8132--2009, Standard Form of Agreement Between Owner The Construction Manager: and Architect, Construction Manager (Nante, legal status, address and other infonnation) as Adviser Edition; and C132--2009, Standard Form of The Ewing Company, Inc. Agreement Between Owner and 1500 Eldorado, Ste. #4 Construction Manager as Adviser. Boise, ID 83704 AIA Document A232--2009 Is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal status, address and other it formation) document is modified. CSHQA 250 S. 5" St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A1132- — 2009 formerly A101 -CM a —1992). Copyright ®1975, 1980, 1992 and 2009 by The Amedcan Institute of Architects. All rights Inst, reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document or any portion of It may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:23:11 on 0 710 212 01 4 under Order No.7671846646_1 which expires on 0 510 51201 5, and Is not for resale. User Notes: (1498837592) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents fisted in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. 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 ofconmtencement, if it differsfrom the date of this Agreement or, if applicable, state that the date -dill be fixed in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed'. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 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 ntmrber of calendar days. Alteniatively, a calendar date ?nay be used when coordinated with the date of commencement Ifappropriate, insert requirementsfor earlier Substantial Completion ofcertain portions of the Work.) AIA Document At 32m — 2009 /1formerly At 0" TMCM& —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights /nit. reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. UnauthoNxed reproduction or distribution of 2 this AIA` Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:23:11 on 07102/2014 under Order No.7671846646_1 which expires on 05105/2015, and Is not for resale. User Notes: (1498837592) Portion of the Work Substantial Completion Date All July22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Stun in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Stun, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sutn shall be Four -hundred seventy nine thousand four -hundred and ninety dollars ($ 479,490 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents pennit the Ormter to accept other alternates subsequent to rine execution of this Agreement, attach a schedule of such other alternates shutting the amount for each and the date when that amount expires.) § 4.2.3 Unit prices, if any: (Identify and state the unitprice, and state the quantity limitations, if mty, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) Over excavation CuYd $26.00 § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document A132- — 2009 formerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst' reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09,5426 on 0710312014 under Order No, 7671846646_1 which expires on 05/05/2015, and Is not for resale. User Notes: (1868771379) 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Surn contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th 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 25th 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 Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain: period of brae) § 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 in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Stun among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amotmts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Zero percent( 0 ofo); .3 Subtract the aggregate of previous payments made by the Owner; and .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. § 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 One Hundred percent (100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document At 32m — 2009 formerly At01-CMa —1992). Copyright p 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorl2ed reproduction or distribution of 4 this AIA! Document or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:23:11 on 07102/2014 under Order No.7671846646_1 which expires on 05105/2015, and Is not for resale. User Notes: (1498837592) .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. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or lirnitadonn.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 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, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be trade by the Owner not more than 30 days after 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, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. aIf the parties mutually agree, insert the name, address and other contact information 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, the method of binding dispute resolution slmall be as follows: (Check the appropriate box. If the Oavrer and Contractor do not select a method ofbinding dispute resolution below, or do not subsequently agree in uviting to a binding dispute resolution method other than litigation, Clains twill be resolved by litigation in a court of conrpetenrt jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) AIA Document A132TM — 200911formerly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American InsdMe of Architects. All rights Inst. reserved. WARNING This AIAb Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 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 l the law. This document was produced by AIA software at 08:23:11 on 07102/2014 under Order No.7671846646_1 which expires on 05105/2015, and Is rot for resale. User Notes: (1498837592) 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. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLES MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 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.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other it formation) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Gary Howard Wetlands Northwest LLC DBA Westem Idaho Construction & 100 South Star Road, Suite 112 Star, ID 83669 § 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 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 Al 32-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document At 32- — 20091formerly A101-CMa —1992). Copyright ®1976. 1980. 1992 and 2009 by The American Institute of Archtects. All rights toil_ reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthonzed reproduction or distribution of 6 this AIA` Document or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08,23:11 an 07102/2014 under Order No.7671846646_1 which expires on 05105/2015. and Is not for resale. User Notes: (1498837592) § 9.1.2 The General Conditions are, AIA Document A232-2009, 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 00810 Supplementary 5/22/14 6 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications fere or refer to an exhibit attached to this Agreement.) Section Title Date Pages Division 1 General Requirements 5/22114 All Sections Cast in Place Concrete 033000 Thermal Insulation 072100 Site Clearing 311000 Earth Moving 312000 Geotechnical Report Asphalt Paving 321216 Concrete Paving 321313 Pavement Marldngs 321723 Storm Drainage Piping 334100 § 9.1.5 The Drawings: (Either list the Draltdngs here or refer to an exhibit attached to this Agreement.) Exhibit D Number Title Date § 9.1.6 The Addenda, if any. Number Date Pages One 6/19/14 50 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: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents 14tich are intended to fm7n part of the Contract Documents. AIA DoctmtentA232-2009 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. Then, should be listed here only if intended to be part of the Contract Documents.) Contractor's Bid AIA Document Al 32- — 2009 Vormerly At 01TM CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Imiltute of Architects. All rights Init' reserved. WARNING'. This AIADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under i the law. This document was produced by AIA software at 08:23:11 on 0710212014 under Order No.7671848646-1 which expires on 0510512015, and Is not for resale. User Notes: (1498837592) 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. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit I This OWNER day and year first written (Signature) Tammy de"IWE�rd, Mayor D�pTEDgU�G d �4 Sr � (Printed name and title) - (Printed name and title) w At y or City 1V4 I fu) TIAft IDAHO SEAL a fde T&E Ag'�4��P�~ AIA Document A132T — 2009 formerly A101 TM CMa — 1992). Copyright(D 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 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 08:23:11 on 07/02/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1498837592) EXHIBIT D LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G03 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. — FOR REFERENCE ONLY LANDSCAPE 1.1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES S1.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVACSCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 PO.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL EO.1 LEGEND AND LIGHTSCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWERPLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM TO.1 TELECOM SYMBOLS AND ABBREVIATIONS TO.2 TELECOM CABLING SCHEMATICS AND LABELING TO.3 TIERED CLASSROOM 128 A/V DETAILS TO.4 CLASSROOM 124 AV DETAILS TO.5 CLASSROOM 125 AV DETAILS TO.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 G0.1 TITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES G0.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL CO.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE L1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS AS.IINTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES ES.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOORTELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.S FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL MO.1 HVAC COVER SHEET MO.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PO.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.S FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Em plover's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a General Aggregate $2,000,000 (limit to apply Per Project) b Products-CgMIeted Operations Aggregate $2,000,000 c. Personal and Advertising_Injury $1.000.000 d. Each Occurrence $1.000.000 e. Fire Damage (any one fire) $50.000 f Medical Expenses (any one person) $5,000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. provided by an The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM Bid Package # 20 Bid Date: June 24, 2014 Bid Package Name: SITEWORK, UTILITIES & ASPHALT PAVING Submitted by: (Company Name) Wetlands Northwest LLC DBA Western Idaho Construction & Having carefully examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents and all conditions affecting the work Including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, Insurance and bonds in accordance with the Contract documents, within the time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written 'Notice to Proceed' by the owner and substantially complete the work within the times stipulated In the enclosed construction schedule. Work covered by this Bid Package is specified in Volumes One Thru Five of the Specifications and Plan sets Titled Weridian Public Safety Training Center and'Renovation/Addition for Meridian Police Geot' Bidding/General Conditions Division 1 General Requirements (All Sections) 033000 Cast in Place Concrete` 072100 Thermal Insulation* 311000 Site Clearing 312000 Earth Moving Geotechnical Report ' (As applicable to this work) 321216 Asphalt Paving 321313 Concrete Paving' 321723 Pavement Markings 334100 Storm Drainage Piping In addition to the work required In the above sections, this bid item includes but Is not limited to the following: • Clear and grub site, Perform all site demolition, tree removal and protection as indicated. • Remove material trash and debris from site and dispose of as required to complete the work. • Strip and Stockpile topsoil to a location designated by Construction Manager. • All stock piles to be placed in a smooth profile and protect from erosiion. • Cut and shape subgrade for all site improvements. • This bid package to Include all traffic control, street cleaning and repair of damage to existing facilities (roads curbs, asphalt, etc.), • Import fill materials as needed. • Procurement and cost of water for compaction and dust control as required; • Construction and maintenance of access roads and dust control for entire construction site for duration of project; • All special permits required to complete this work. • Erosion and sediment control are the responsibility of this contractor. Set up and maintain all BMP's per Erosion control plan and City of Meridian requirements. • Set up and remove concrete washout. Coordinate with Concrete and Masonry contractors for maintenance of washout. • Installation of storm drainage system as shown Including receptors for roof drains. • Install domestic water and sewer lines with associated taps to existing as shown. • Provide labor, materials, and equipment to excavate and backfill for structural concrete and slabs. Coordinate with Concrete Contractor. • Provide concrete demolition and excavation for footings inside MPD Building foyer • Over excavation and structural fill may be required under some footings. Provide per Unit price schedule on bid form. CONTRACTOR BID FORM Bid Package # 20 Page 1 of 3 Skework • Grading, Sub base and base under footings, slabs, sidewalks, concrete paving, and curb and gutter. Coordinate with Concrete Contractor. • Provide excavation and backfill for bollards, flagpole, and trash enclosure gate posts • Furnish and install wheel stops as shown. • Earthwork is to be done in accordance with Geotechnical Report by Bob Arnold. • Furnish and install asphalt paving and pavement markings. • Furnish and Install handicap signs and posts. • Provide concrete collars in asphalt paved areas • Place and grade topsoil to finish grade elevations at depths shown. Coordinate with Landscape Contractor. • Perform all work In accordance with the plans and specifications and ISPWC and City of Meridian Supplemental • Contractor shag property cover and protect the work of others from damage or soiling due to their performance of this work and shall include proper cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does not include: Drop inlets that are in the curb and gutter. Acknowledgement of Addendum: # ( 06 /'a / 74 ) #____( / / ) #_( / / ) #_( / / ) C_( / / ) Unit Pricing per Section 01270 3.1.A- Unit priceOne $_26.00 Per CUND 43.1.A — Unit price One: Contractor is to enter a unit Price Per In place cu/yd based upon 75 cuNds of over excavation and Placement of imported structural fill. This is not an estimate of the amount that will be required.. It is for bid comparison only. Bid Proposal (Including all applicable taxes; 1: Enter amount of Unit Price One X 75 CU/YD Total Bid: (Base Bid plus linel above) Four hundred seventy nine thousand four hundred Base Bid: $ 477540.00 dollars $ 1950.00 $ 479490.00 Aftemate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described In Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description Amount 1 Parking Lot East of MPD Building Add -Deduct $,68955.00 2 Building Addition on West side of MPD Building Add -Deduct $ 31484.00 3 Display Case Add -Deduct $ 0.00 4 Northwest Parking Lot Add -Deduct $, 46644.00 CONTRACTOR BID FORM Bid Package # 20 Page 2 of 3 Skework Break Room Remodel Add -Deduct $ 0.00 Tiered Classroom Fixed Tables Add -Deduct $ 0.00 Masonry Fence Add -Deduct $ 0.00 The undersigned understands that The Ewing Co. Inc., the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bids and wave any Informality in the bidding. Final award Is subject to approval by the owner. This proposal shag remain In effect for srxty (60) days past the bid date. The undersigned agrees in submitting this proposal, that if issued a Letter of Intent or a Formal Agreement that the agreement will be executed without alterations within five (5) days, and immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificate of Insurance. All costs shail be included in the Jump sum bid. All bids must be accomuanied by a Bid Bond or Bank Cashiers Check In the amount of 5% of the total bid made payable to the Owner. The undersigned acknowledges receipt and acceptance of the project schedule Issued with Instructions to Bidders. Company: Wetlands Northwest LLC DBA Western Idaho Construction & Business address: 100 South Star Road, Suite 112, Star Idaho 83669 Public Works License No.: 010149(1)AAA Expires; 10/31/2014 Idaho Registration No.: RCE5544 Expires; 1/4/2014 Signature r f Date 6/24/2014 E -Mail: ghowardQtJ Printed Na ,d Tice: Gary Howard, Principle Phone Number. 208 888-1124 Fax Number. (Sea] if bid is by a corporation) Subcontractor. (if Applicablel Company: Bob Love Excavation, LLC. Business Address: P.O. Box 818, Meridian, Idaho 83680 PublicWorks License No. PWC -C -16474-C4 Expires; 02/28/2015 Phone Number. 208 941-0254 Fax Number. (If there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Bid Package # 20 Page 3 of 3 Sitework Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES IJovjC Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 15, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1)(d)(c): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT - NOTES INITIALS