Loading...
HomeMy WebLinkAboutContract 2128AlA Document A101/CMa° -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Fourteenth day of October in the year of Two Thousand 2128 Eight ADDITIONS AND DELETIONS: (Lt words, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name and address) have revised the text of the original AIA standard form. An Additions and City of Columbia Heights Deletions Report that notes added 590 40th Avenue Northeast information as well as revisions to Columbia Heights, MN 55421. the standard form text is available from the author and should be and the Contractor: reviewed. A vertical line in the left (Name and address) margin of this document indicates where the author has added Berggren Steel Fabricating, Inc. necessary information and where 14835 Aberdeen Street NE the author has added to or deleted Ham Lake, MN 55304 from the original AIA text. This document has important legal For the following Project: consequences. Gonsultatiom with an (Inc•lude detailed description of Project, location, address and scope.) attorney is encouraged with respect to its completion or modification. Columbia Heights Public Safety Center The 1992 Edition of AIA Document 825 41st Avenue Northeast A201/GMa,General Conditions of Columbia Heights, MN 55421 the Contract for Construction, New Public Safety Center Construction Manager-Adviser Edition, is adopted in this document The Construction Manager is: by reference. Do not use with other (Name and address) general conditions unless this document is modified. EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 The Architect is: (Name and address) Buetow and Associates 2345 Rice Street Suite 210 St. Paul, MN 551 l3 The Owner and Contractor agree as set forth below. AIA Document A10YICMaT"" -1992. Copyright O 1992 by The American Institute of Architects. All rights reserved.' Irit. Pa _ In y ~n or ddstrlbarticn of s ~ ~ may re: n se~rere ¢ ail ; ~ o: rtaax'smu extent pt~ssibie ands e t / AIA software at 11:51:17 on 10/i 6/2008 under Order No.1000364084_1 which expires on 7/15/2009, and is not for resale. User Notes: 1 ; ars, ion of t, 1 This document~was produced by (2539950364) 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; these 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 execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Section 00300 Bid Division CH2-OS-1 Structural Steel, Metals, Miscellaneous Metals ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date of this Agreement, as first written above, 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 frorn tl2e date of this Agreement or, if applicable, state that the date will be, fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. § 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days after the Date of Commencement. (Insert the calendar date or number of calendar days after the date of cornmencernent. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents. } Portion of Work Substantial Completion date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall. pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Thirty Eight Thousand. Ninety One Dollars and 00/100ths ($ 338,091.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon 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 decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates shoring the umouni for euch and iire daie ur~~iii whicie thui urrwuni is vu%ie% } No Alternates Init. AIA Document A101/CMaT"" -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. r s proteot Cc R t «r ., 1 as €i :ed reprodueteon or distritsution oft ~ :y _ sr s€ ° ito 2 n~ Y re re v i t i u d to the rraximurn extent pos: I This document was produced by t AIA software at 11:51:17 on 10!16/2008 under Order No.1000364084_1 which expires on 7/15/2009, and is not for resale. User Notes: (2539950364) § 4.3 Unit prices, if any, are as follows: Description Units Price {$ 0.00) ARfifCLE 5 PRD~RESS PAYN1ENfiS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and 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. § 5.2 The period covered by each Application. for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall. make payment to the Contractor nat later than the Thirtieth 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 Sixty (60 }days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the 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 or 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. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 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 (5.00% }. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 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 Five percent (5.00% ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 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 Conditians. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety- 11VC t7e1 GCIit. ( 7J.lN'%0 j VI t.hG l,Ulltl d.(a JLLlll, 1GSS SUGIl ittllUUiltJ dS lI1G LVIISIl Ut:LlVtt 1VlanagCC rCGUIIiII1CI1d8 allU LI1C Architect determines for incomplete Work and unsettled claims; and AIA Document A1011CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. ~ ~ at os Init. protected by U.. Copyright t_aw and interrtatitanai Teat . I h xec# reproduce€on or distribution of s , t, 3 may resuit'sn severe ci~a'si and csiminai penaities, and wiil fae g- to the av¢aximurn extent possible unde r. This document was produced by / AIA software at 11:51:17 on 10/16/2008 under Order No.1000364084_1 which expires on 7/15/2009, and is not for resale. User Notes: (2539950364} § 5.7.2 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 4.10.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: {If it i~s intended, prior to Substantial Completion of the entire Work, to reduce or Limit the retainage resulting from the percentages inserted in Sections 5.6. l arul 5.6.2 above, and this is rrot explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.} ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: After the contractor has completed all non-conformed work, fulfilled. all final close-out requirements in accordance with the Contract documents. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 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.) At legal rate of interest as set by Minnesota Statutes. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements suclt as written disclosures or waivers. ) § 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) This contractor is responsible for all temporary facilities as identified in the Project Manual; including but not limited to loading, unloading, materials storage and protection, layout, clean-up, hoisting, scaffolding, bracing, safety, barricades, guard rails, protection of Work and surrounding Work, as specified. Location of site stored materials and temporary facilities shall be coordinated with the Construction Manager/Site Representative. § 7.4 Other Provisions: (Here list any special provisions affecting the Contract. ) See Exhibit A, attached. ARI ICLE 6 I GRMIIVATIVIY VR jU.7~~PE1Vj1U17 § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. Init. AIA Document A10t/CMat"" -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved.' pr ~ ~ . ixo~ , ~ orsal Treaties. t;nauthorized reprodue:tion car disYritautsc n z a ~ ~s t, 4 may re s n severe civil a~ ^rirr I p~ a ad wili be proseouted tea the maximum extent ~ ! .This document~was produced by / AIA software at 11:51:17 on 10/16/2008 under Order No.1000364084_i which expires on 7/15/2009, and is not for resale. User Notes: (2539950364) § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager-Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager-Adviser Edition. § 9.1.3 The Supplementary and other Conditions ol~ the Contract are those contained in the Project Manual dated September 25, 2008 ,and are as follows: Document Title Pages Division 0 Bidding and Contract 140 Requirements Division 1 General Requirements 38 § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1..3, and are as follows: (Either list the Specifccations here or refer to an exhibit attached to this Agreement. ) Section Title Pages 033000 Cast-in-Place Concrete 7 034100 Precast 6 051200 Structural Steel Framing 11 055000 Metal Fabrication 4 071326 Self Adhering Sheet 5 Waterproofing 312333 Trenching & Backfilling 4 334600 Sub-Drainage 3 § 9.1.5 The Drawings are as follows, and are dated September 25, 2008 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this A~reerne~tt.) Number Title A0.0 Cover Sheet C2 Paving Plan C3 Erosion Control Plan C4 Grading Plan C5 UCility Plan C6 Details A2.1 Lower Level Floor Plan A2.2 Main Level Floor Plan A2.3 Mezzanine Floor Plan A2.4 Roof Plan. A3.] Building Elevation & Sections A3.2 Building Elevations A4.1 Wall JGGl1Vt1S A4.2 wall sections A4.3 Wall Sections A4.4 Wall Sections Date Init. AIA Document A101/GMaT"" -1992. Copyright ©1992 by The American Institute of Architects. Ali rights reserved. protected b s :~r€uht tvaw and 9nternationa( Txeaties. E.lnautiaor'szed reproduction or ,i of , may re end cr9minai per€a4t6es, and ii€ fse prosecuted to the maximum exten9 / AIA software at 11:51:17 on 10!76!2008 under Order No.1000364084_1 which expires on 7/15/2009, and is not for resale. User Notes: c n or ~ 'a sot it, ~. This document was produced by (2539950364) 5 A4.5 Wall Sections A4.6 Stair & Elevator Sections & Enlarged Plans A4.7 Stair & Elevator Sections & Enlarged Plans A4.8 Stair Sections & Details S 1 General Notes S2 Foundation/Basement Plan S3 First Floor Plan S4 Low Roof/Mezzanine Plan SS High Roof Plan S6 Sections S7 Sections S8 Sections S9 Sections S 10 Details S 11 Arched Opening Details RI.O Boundary and Topographical 7/21/2008 Survey § 9.1.6 The Addenda, if any, are as follows; Number Date Pages Addendum #1 9/30/2008 9 Addendum. #2 10/3/2008 12 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 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to fornr part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample farms 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 Dcrcuntents.) This Agreement entered into as of the day and year first written above. CONTRACTOR ~' f ,~~ _ _. (Signature Roger Berggren, President '- (Printed name and title) Date _3 ~1 Init. AIA Document A101/CMaT"' -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. ~ I r ~. ~, "&t taa+. ~ yn 'a t rF R m r+ ;€wff and crDenirr ~s, o: ~ : / AtA software at 11:51:17 on 10/16/2008 under Order No.1000364084_1 which expires on 7/15/2009, and is not for resale. User Notes: scu ~{ This document was produced by (2539950364) EXHIBIT A OTHER PROVISIONS TO OWNER/CONTRACTOR AGREEMENT COLUMBIA HEIGHTS PUBLIC SAFETY CENTER COLUMBIA HEIGHTS, MINNESOTA 1. Within five (5) working days after award of the Contract, this Contractor must submit to the Construction Manager, a list of materials, products, equipment, materials suppliers and subcontractors they will use to perform their portion of the project. 2. Within five (5) working days and prior to starting work on site, this Contractor must submit Insurance Certificates for the project in the amounts detailed in Specification Section 00810 -Supplemental and Special Conditions to General Conditions of the Contract for Construction. The Owner, Architect, and EDS Builders shall be named as additional insureds. 3. Within five (5) working days after award of the Contract, this Contractor shall submit a detailed schedule showing material deliveries, major work items, working periods and projected completion of the contracted portion of the work. The Contractor's schedule shall be in accordance with Schedule Section 00210, unless otherwise noted Ira this agreement. 4. Within five (5) working days after award of the Cantract, this Contractor shall provide a typed schedule of values on AIA Document G703 - Schedule of Values, with breakdown of material and labor as directed by the Construction Manager, and in compliance with Article 5.4 of this Cantract. 5. Within five (5) working days after award of the Contract, anal prior to beginning work on-site, this Contractor must submit its safety program to the Construction Manager for review. 6. Prior to beginning work on-site, this Contractor shall submit to the Construction Manager's site office, material safety data sheets for all applicable materials to be used on-site. 7. The Contractor shall coordinate its safety program with that of the other Contractors on the site as specified in the Contract Documents including all Government regulatory agencies having jurisdiction on this project. 8. Inclusions and/or exclusions noted in the Contractor's proposal are not included unless specifically stated in this agreement. 9. Contract Sum stated in Article 4.1 includes the cost of all necessary or required insurance, permits, sales tax (if applicable), royalties, patents, etc. ~. ~ z _ Document Gl01iCMaT~ -1992 Change Order -Construction Manager-Adviser Edition PROJECT (Nnme and address): Columbia Heights Public Safety Center 825 41st Avenue Northeast Columbia Heights, MN 55421 TO CONTRACTOR (Name and address): Berggren Steel Fabricating, Inc. 14835 Aberdeen Street NE Ham Lake, MN 55304 THE CONTRACT IS CHANGED AS FOLLOWS: CHANGE ORDER NUMBER: 001-R INITIATION DATE: October 31, 2008 PROJECT NUMBERS: 0806 / CONTRACT DATE: October 14, 2008 CONTRACT FOR: CH2-OS-1 Structural Steel OWNER: CONSTRUCTION MANAGER: ARCHITECT: CONTRACTOR: FIELD: p OTHER: ^ Deduct for not grouting 20 columns. Deduct 1/4% sales tax. Add change Beam 9B5 on Gridline E between Grids 7 and 9 from a W24x131 to a W24x146 due to additional weight due to folding door. Total Deduct The original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be decreased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is Deduct -($2,820.00} Deduct -($ 534.00) Add $ 521.00 -($2,833.00) 338,091.00 0.00 338,091.00 2,833.00 335258.00 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. NOT VALID UNTIL SIGNED BY THE OWNER, CONSTRUCTION MANAGER, ARCHITECT AND CONTRACTOR. Berggren Steel Fabricating, Inc. CONTRACTOR (Firm name) 14835 Aberdeen Stree NE, Ham Lake, MN 55304 ADDRESS ~. .- BY (Signature)- ~ ~-~ Roger Berggren t r' /t'~ (Typed name) DATE: Citv of Columbia Heights AIA Document G7011CMaTM -1992. Copyright ©1992 by The American Institute of Architects. Ail rights reserved. ?.€.S. nautho€=as ar , ~ a ma" result in seuere ci ad orlmins aalties, aa~a tse prosecuted to th. + .t ~ rss 'e a AIA software at 09:19:02 on 10/31/2008 under Order No.1000364084_i which expires on 7/15/2009, and is not for resale. User Notes: is Lsa :€: aaa ~ 1 s 4 .This document was produced by (3838530405) ~1/~9/2069 22:17 753~3A4172 BERGGRE#~ S7~EL FA PAGE 01/~t1 V ~~~C~ORXS ~~ 'l~,a ~~.c-~ ~~x. ~~~: ~~~ ~o Days C~:~tom~x Signature ~~~~~ 01!29!2009 18:39 7634344172 BERGGREt~d STEEL FA PAGE 01/01 1 a-30-a$ To: BDS Builders, Inc. Atha: F. bpe Smith Ref: Flew Public Safety Ccz~ter Columbia ~Teiglats, MhT Gentlemen., Because pf adding additional Weight due to a folding Door, Beam ~}3S pn Csri.dlizae E betweeza Grids 7 anal 9 Changes Fmm a W24x131 to a W24x146. The increased cast for dais Bcaxan is $51.2.a(l. Please issue a change order. for tbi.s. Thank yot~, ~~- Roger 13erggren President l i i Phone :763-434-$SSS l:ax :763-434-4172 .Email.: ~dta~i~a~c~bErg~ensteel..com