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HomeMy WebLinkAboutContract 2135AlA Document A101/CMa'" -1992 z~3s Standard' Forme of Agreement ~~firveen owner ar~d C~ntra~tor ~h~re the basis ~f payment is a STIPULATED SUM AGREEMENT made as of the Twenty Sixth day of August I (In words, indicate day, month and year)T BETWEEN the Owner:: (Marne and address) Cit}~ of Columbia Heights Sy0 40th Avenue Northeast Columbia Heights, MN 55421 and the Contractor:: (Name and adclr-ess) Bituminous Roadways, Inc.. 2$25 Cedar Avenue South: Minneapolis, MN 5540 For the following Project: (lrrclude detailed desc r-iption of Project,. location, address and scope:) Columbia Rcigh#s Public Safety Center 825 41st Avenue Northeast CoFumbi~ ftcights, MN 5542.1. New Public Safety Center The Construction Manager is; (Name and address) EDS Builders,. Inc. 404A Saint Croix Trail North Lakeland, MN 55043 The Architect is: (Name and address) Buetow and. Associates. 2345 Rice Street Suite 210' St. Paul, MN 55 l3' The Owner and Contractor agree as set forth below. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consukation with an attorney is encouraged with respect to its completion or modification. The 1992 Edition of AiA Document A201/CMa,General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Atlk Document AlO i C,tdaTa-1992: Cspyright ~ 1992 t ,The American lhstitute of Architects: All rigftts reserved. ` Init. protected by t$.3. , a ? on _ r~ nr dish€tscxtion of i may result in ss c d a ¢ iFSe E rtent possitate ¢ ~ P / AIA software at 09:z0i05 on 09/05/2008 under Order No.10o0364084_1 which expires on 7/1 512 00 9, and is not for resale. User Notes: in the year of LJ~ Ti s AtA~ Dr as..~..A, ar any p,,,.,,ens iE, 1 This document was produced by (2777398176) The Owner has the right to accept or reject Alternate #I, North Drive Area shall be bituminous in lieu of concrete for the amount of add: $50,500.00 until December 15, 2008. § 4.3 Unit prices, if any, are as follows: i3escripton Unlts Brice ($ 0.00} Bituminous Base course Ton $77.00 Aggregate Base Course Ton $1.7.75 ARTIGI~E 5 Pt20GRESS 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.. § 5.2 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 25th day of a month, the Owner shall make payment to the Contractor not later than the 30~' day of the following month. If an Application: for Payment i 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 determinccl by multiplying the percentage completion of each portion. of the Work by the share of the total Contract Sum al Located to that portion. of the Work in the Schedule of values, less retainage of Five Percent ( 5% }, Pending t7na1 deternunation 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 Genera] 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% ); 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: Init. AIA Document A101/cMaTM -1992. Copyrig ht ~ 1992 byThe American Institute of Architects.. AIt rfights reserved: v ~ prore~fit r U.~ Ossz, a E iresties. t$nauthoriaed re~~oc~ i4vaersng7 of l..€s, t3 ~ , 4. ,t, .3 rr= ere d w€IS Pse prosecuted to t; n as: "sb4e under This document was produced. by / AIA software at 09:20:05 on 09/05/2008 under Order No.1000364084_1 which expires on 7/15/2009, and is not for resale. User Notes: (2777398176) § 5.7.1' Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety Five Percent (95% } of the Contract Sum, less such amounts as the Construction Manager reconnnends and the Architect determines for incomplete Work and unsettled claims; and § 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 redttee or limit the retainage resulting from the percentages inserted in Sections S.fi.l 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 Contxactor'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 ©wner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: After the contractor has satisfactorily completed all. non-conformed work, fulfilled all final close-out requirements in accordance with the Contract Documents. ARTICLE 7 MISCELLANEOUS PROVISIC}NS 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'regurements under the Federal Trutlz 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 Froject and elsewhere may affect the validity of this provision. Legat advice should be obtained with respect to deletions or nwdifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Temporary facilities and. servicesc (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. Init. AtA Document A101/cMaT""- 1992. copyright©1992. by The American Institute of Architects.. A I I sigh is reserved: 7 sn p€ ~ ay ~7. ~. Czxrsyt'it~ht Law and knterzaationa[ reeat°ses, €3nauthcar€xed reproduct€on or _.___ r h._ c _..~, _. ;..,, ~ € 4 srs y .i~+il and ce'srn6na! pena(iies, seed ws84 be prosecuted to the maxrmum extent ~ c : 3~ Thts document was produced by / AIA software at 09:20:05 on 09/05/2008 under Order No.1000364084_1 which expires on 7/15/2009, and is not for resale. User Notes: (2777398176) ARTICLE 8 TERMINATION OR SllSPENSION § 8.1' The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work. may be suspended by the Owner as provided in Article 14 of the General' Conditions. ARTlCI.E 9 ENUMERATION Of CONTRACT DOCllMENTS § 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, ATA 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 July 21, 2008 ,and are as follows: Document Title Pages. Division 0 Bidding and Contract 131 Requirements Division 1 General Requirements 42 § 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 Izere yr refer t¢ an exhibit attached tv this. A~reement.J Title of Specifications exhibit: Project Manual,. Phase One -Site Work Bid as prepared by Buetow and Associates, Inc. dated July 21, 2008! (Table deleted) § 9.1.5 The Drawings are as follows, and are dated July 21, 2008 unless a different date is shown below: (Either list the Drawings here yr refer tv an exhibit attached to this Agreement. ) Title of Drawings exhibit: A0,0 Cover Sheet C1 Demolition Plan dated May 27, 2008 C2 Paving Plan dated May 27, 2008 (Table deleted): C3 Erosion Control Plan dated May 27, 2008 C4 Grading Plan. dated May 27, 2008 CS Utility Plan dated May 27, 2008 C6 Details dated May 27, 2008 C7 Details dated May 27, 200$ L1 Planting Plan A2.1 Reference -Lower Level Floor Plan A2.2 Reference -Main Level Floor Plan. A3.1 Reference -Building Elevations ES 1 Site Plan -Lighting ESZ' Schedules and Details RT.O' Certificate of Survey § 9.1.8 The Addenda, if any, are as follows: Number Date Addendum Number One August 7, 2008 Pages 29 Init. AIA Document Al+01-CMaT""-1492.Gopyright©1992. by The American institute of Architects. Allrigi}tsreserved. p=otectg~d !sy if.5 rnal3onaf Treati~ ,_ , ~i i s nor ~ , ! 0 may resu%t En sev : , c ss, and wii€ bat r s , / AIA software at 09:20:05 on 09/05!2008 under Order No.1000364084_t which expires on 7/15/2009, and is not for resale. User Notes: , ~ any F of it, This document was produced by (2777398176) 5 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 anv additional documents which are intended' to farm part of the Contract Documents. The General Conditions provide tluzt bidding requirements such as advertisement or invtatan to bid; Instructians to &idders, sample fauns and the Cantractar's bid are not part of the Contract Documents unless enumerated in this Agreement. They shauld he listed here only if intended to be part of the Contract Dacuments.) This Agreement entered into as of the day and year first written. above. OWNER /// // , f~ (Signature) Walter Fehst, City Manager (Printed name and title): CONTRACTOR s (Signat re) y (Printed name and title) Init. AIA document A7 07!CMaT~" -1992: Copyright ©1992 by The American Institute of Architects. A!I rights reserved. protec c' ' 'Treat€es. Unauthorized reproduct€on ~t` ~n o€ _ rn: v ci s: ! aP =n es, and with be prosecuted to the rraaxsurn e~ possible ucade / AIA software at 09:20:05 on 09/05/2008 under Order No.1000364084_t which expires on 7/15/2009, and is not for resale. User Notes: ~c- --., oe _.._. 6 .This document~was produced by (2777398176) F:XFIIBIT A OTHER PROVISIONS TO OWNER/CONTRACTOR AGREEMENT COLUMBIA HEIGHTS PUBLIC SAFETY CENTER COLUMBIA HEIGHTS, MINNESOTA Within ten (10) 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 ten (10) 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 ten (10) 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 in this agreement. 4. Within ten (10) 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 labor as directed by the Construction Manager, and in compliance with Article 5.4 of this Contract. 5. Within ten (10) 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/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. ~, ~~,~ ~ _ ~ - r~ - -~ ~- r~ r i r i t di PROJECT (Narrre ar2c1 arldr~ess}: Columbia Heights Public Safety Center 825 4 ] st Avenue Northeast Columbia I-Ieights, MN 55421 TO CONT CTOR ('1Yarrte arzrf addr-Erss}: Bituminous Roadways, lnc. 2825 Cedar Avenue South Minneapolis, MN 55407 THE CONT CT IS CHANCED AS FOLLOWS: CHANCE ORDER NUP~BER: CHI-02- 2-l INITIATION DATE: December 17, 2008 PROJECT NUMBERS: BA 0806 / CONTRACT DATE: August 26, 2008 CONT CT FOR: Bid Division CH1- 02-2 Asphaltic Concrete Paving & Base Course Alternate 1 -North drive tu-ea, north of Apparatus Bay shall be bituminous in heu of concrete. The north concrete apron will be left in as spawn. The original Contract. Sum was Net change by previously authorized Change Orders The Contract Sutn prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Susn including this Change Order will be The Contract Time will be increased by hero (0 }days. The date of Substarnial Completion as of the date <>f this Change Order therefore is 137,500.00 0.00 l 37,500.00 50,500.00 188,000.00 NOTE: This summary does not reflect changes in the Contract Sum, Contrace Tirr7e or Cruat-anteed Maximum Price which have been authorized by Construction Change Directive. NOT VALID UNTIL SIGNED BY THE OWNER, CONSTRUCTION I~ANACER, ARCHITECT AND CONTRACTOR. EDS Builders, Inc. Bituminous Roadways, lnc Buetow and Associates, lne. City of Columbia Heights OWNER (Finrx raanze) 59(} 40th Av re Northeast, Columbia Heights, MN 55421-3878 Mayor Gary L. Petersen Date AiA [kocurr~enr Cz70ilC:.:3T~ - 1992. ~opyri "it O 1992 by The American institute of Architects. A66 riai ' re: ~d. . ~ snag c < AIA software at 13:47:02 on 12/18/2008 under Order No.1000380482_1 which expires on 12/4/2009, and is not for resale. User Notes: a~rNER: ^ CONSTRUCTION MANAGER: ^ ARCHITECT: ^ CONTRACTOR: FIELEJ: ^ OTHER: ^ Ada ~s0,st}o.1}0 This aocument was produced by 1 (1611387830) ~-- 2 t'~~ - _ ~ a _.. __ I € ®~ r v o a r~ ®1992 if - r i ro J~ ~ r PROJECT (.Rome and address): ColumbialJeights public Sai`ety Center 825 41st Avenue islortheast Columbia 1-1ei~l~ts, MN 55421 TO CONTRACTOR (~~%crme cartd address!: Bituminous Roadways, Inc. 2825 Cedar Aventre Sottth Mirtneapolis, ~ 55407 CHANGE ORDER NUMBER: 028 CH3- I-OZ-2 INITIATION DATE: July 6, 2009 PROJECT NUMBERS: BA 4'}8(}6 / CONTRACT DATE: August 26, 2008 CONTRACT FOR: Bid Division CHI- 02-2 Asphaltic Concrete Paving & Base Course OWNER: ~ CONSTRUCTION MANAGER: ARCHITECT: CONTRACTOR: ~ FIEI.~J: OTHER: ^ THE CONT CT IS C NGED AS FOI.L01lVS: Eliminate asphalt in three locations as shown on sketch. Deduct -(2.304.00} The original Contract Sum was $ 137,500.00 i*let changF:, b}~ pre:viously authorized Change i)rders $ 50,500.00 The Contract Sw11 prior to this Change t)rder Gvas $ 188,000.00 Tl1e Contract Sum evi11 Ire decre<zsed by this Change C)rcler in the amount cal' $ 2,304.00 I"he new C'ontrac~t Sum including this Change EJrdcr will be $ 185,696.00 "I"he Contract Tinre will be unchanged by lero (0} days. The date' of Substantial Completion as of the date of this Change CJrder therzfori; i s . NE9TE: J"his summary does not rr;llect changes in the Contract Sum, Contract Time or Guaranteed Maximum price which Gave treen authorized by Construction Change Directive. NOT VALID UNTIL SIGNED BY THE 01~6NER, CONSTRUCTION MANAGER, ARCHITECT AND COT CTOR. I'DS Buitders, Inc Buetow and Associates, Inc. ARCHITECT (Firm name) 2345 Rice Suite 210, St. Pa , MN 551.13 _1 t ~„~ BY (S~ David name) DATE: Bituminous Roadways, bTC. CONTRACTOR (Fir-rn nanael 2825 Cedar Avenue South, Minneapolis, MT'J 55407 ADDRESS BY (.Sign JeffCla ''r ~+ ~t`J°i~ (`T'yped name) 'rD TE: City of Columbia Heights AIA Document G701iCMa'A1 - 9992. Copyright O 1982 by The American Institute of Architects. All rl~"~' reserred. i C _ dl s €e€~sy r at¢ €sa ~ev~ ~ ~ ,. to e ~u AIA software at 16:01:42 on 07/06/2009 under Order No.1000385206_i which expires on 01/19!2010, and is not for resale. User Notes: it, .~ € rns document was produced try (1850164551} doc~,c~redsccsnsultan~s.ca INS®~ ~/Iessage From: "Jeff Clapp" <ciappj@bitraads.com> Subject: RFP #46 Date: Wed, 24 Jun 2009 15:13:05 -0500 To: "Doc Smith" <doc@edsbuilders.com> Doc, I am coming up with 120-sy at $19.21 a sy = $2,304.00. RFP #46 is a deduct of <$2,304.00> Rny questions please call or a-mail Thanks Jeff Clapp Bituminous Roadways, Inc. 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Ana i"` +.. .s...~..m.~ sr z.~vz•.c, .•:,: s+-:. II Rutf!£eSMety Cen[ec a ~ t.~-.hamtetta.aGwacss _...__ ' . """~. ~` 404A Saint CraixTrai6 hlarth • Lakeland, Minnesota 55043 •Phane: 65i-436-2426 - ~ ~~ 1821 Universifiy Avenue • Suite 204-5 • St. PauP, Minnesota 55104 •Phane: 651-998-0332 Fax: 651-436-3918 e-maid: infaC~edsbuitders.cam www.edsbuilders.eam LATE: June 17, 2009 RPP X46 PRC3JECT: Columbia Heights Public Safety Center 825 41st Avenue NE Columbia Heights, M1V 55241 VENLQR: Bituminous Roadways -Jeff Clapp 2825 Cedar Avenue South Minneapolis, Ml~t 55407 Please provide price by Wednesday, June 24, 2009 to eliminate the asphalt iri three locations as indicated on the attached drawing. Any questions regarding this request far proposal, please contact Doc Smith at 612-747- 0976 or 763-'788-0338. Project Manager: Earl Lac Smith Late J