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Contract 2129
2129 Document A101/CMa~' -1992 Standard iF®rrr~ ~f Agre~err~~rat ~efi~re~n ®~r~~r ain~- C®ntra~t~r where the basis ~~ payment is a STIPULATED SUM AGREEMENT made as of the Fourteenth day of October in the year of Two Thousand Eight ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has added infom~ation 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 weir as revisions to Columbia Heights, MN 55421 the standard fore 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 Molin Concrete Products Company necessary information and where 41.5 Lilac Street the author has added to or deleted Lino Lakes, MN 55014 from the original AIA text. This document has important legal For the following Project: consequences. Consultation with an (Include 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/CMa,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 55113 The Owner and Contractor agree as set forth below. Init. AIA Document A101/CMaT'" -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. protected by ti..a Ana, bs s a any 'es. € inauthorized relveodm~ca=++ may result `sn ses •e i e i srosecaated to ties aver r: / AIA software at 12:10:38 on 10/76/2008 under Order No.1000364084_1 which expires on 7!15/2009, and is not for resale. User Notes: amen ~u t, _....~y,. .a ~..t, 1 This document was produced by (1044252065) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) NONE ARTICLE 5 PROGRESS PAYMENTS § 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.Z 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 not 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 Che 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 Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: ' § 5.i.1 Add, upon Substan[iai Completion of the Work, a sum sufficient to increase the total payments to ivinety- five percent (95.00% ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and {nit. AIA Document A10Y/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. ~ ~ protected try U.~. Capyrlgh:_ Lai a€ rzeati ~d zefsrrsdazctio c n ssf t~ ~t, ae i + €t, 3 gray result in sertere civil a ~; ,y ,a s, anal wslt be ~ a cuted to the maxlptturn exte : p~€ssible under .This document was produced by / AIA software at 12:10:39 on 10/16/2008 under Order No.1000364084_i which expires on 7!15/2009, and is not for resale. User Notes: (1044252065) § 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 9.10.3 of the General Conditions. § 5.8 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 5.6.1 and 5.6.2 above, and this is not 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 far 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. ARTIGLE 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 azzd 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 such 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 azzy special provisions affecting the Contract.) See Exhibit A, attached. NRI IGLE a T CRIIIIIIVAT IUIY VR jUjPCIVJIVIV § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. AIA Document A101/CMaTM - 1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. Th pr is Irllt. protector U C IW '. ttnauthor€z c € ~ df: :~ ;s , a ~ n t, 4 m~ ~ vs n: d w€i! be prosecuted to 41 s r e This document•was produced by / AIA software at 12:10:39 on 10!16/2008 under Order No.1000364084_1 which expires on 7/15/2009, and is not for resale. User Notes: (1044252065) § 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 Docmnents, 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 of 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 Specifications 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 I 1 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 Agreement.) Number Title A0.0 Cover Sheet C2 Paving Plan C3 Erosion Control Plan C4 Grading Plan CS Utility Plan C6 Details A2.1 Lower Level Floor Plan A2.2 Main Level Floor Plan A2.3 Mezzanine Floor Plan A2.4 Roof Plan A3.1 Building Elevation & Sections A3.2 Building Elevations A4. i w%aii Sections A4.2 Wall Sections A4.3 Wall Sections A4.4 Wall Sections Date Init. AIA Document At01/CMa'*" -1992. Copyright ©1992 by The American Institute of Architects. Ail rights reserved. pa otecf `1. s m ! s e r ~. m; a S a¢n extent ~ ,{b&~ urade; / AIA software at 12:10:39 on 1 0/1 6120 08 under Order No.1000364u84_t which expires on 7/15/2009, and is not for resale. User Notes: T€. f This tlocument was produced by (1044252065) 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 56 Sections S7 Sections S8 Sections S9 Sections S 10 Details S11 Arched Opening Details RI.O Boundary and Tapagraphical 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 form part of the Contract Documents. The General Conditions provide 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 shocdd be listed here only if intended to be part of the Contract Documents.) This Agreement entered into as of the day and year first written above. OWNER .. ~~~ ~~ (Signature) Walter Fehst, City Manager (Printed mm~e and title) ~''-"'~~ Date ~~~ Date Init. AIA Document A1011CMaT'" -1992. Copyright ©1992 by The American Institute of Architects. AU rights reserved. prestected by tl.S. ~op~€r€at @ nr and i€tternatianal Treaties. l9stiauthcsrized reprsaduc#ic air ;~ r any , _ _ n _ ° €t, 6 snag sesu[t in s~:uere c at pane€t"ses, and w€9€ be proseccaled tea the maximum e: t I~ asn .This document was produced by / AIA software at 12:10:39 on 10/76/2008 under Order No.1000364084_t which expires on 7/15/2009, and is not for resale. User Notes: (1044252065) HIBIT A OTHER PROVISIONS TO OWNERjCONTRACTOR 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 iri this agreement. 4. Within five (5) working days after award of the Contract, this Contractor shall provide a typed schedule of values on AIA Document G703 - Schedule of Values, with breakdown of material and lobar as directed by the Construction Manager, and in compliance with Article 5.4 of this Contract. 5. Within five (5} working days after award of the Contract, and 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/ar 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.