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HomeMy WebLinkAboutContract 21732173 _ ~ rr~ w AGREE ENT made as of the Eighth. day of December in the year Two Thousand Eight (Ira n~ords, iradieate day, month and vear•) ADDITIONS AND DELETIONS: The author of this document has ~E EEN the Owner: added information needed for its (1Vurrte carad address) completion. The author may also have revised the text of the original City of Co}umbia Heights AIA standard form. An Additions and 590 40th Avenue Northeast Deletions Report that notes added Columbia Heights, MN 55421-3°78 information as well as revisions to the standard form text is available and the Contractor: from the author and should be (IVarne urad address) reviewed. A vertical line in the left margin of this document indicates 'T'win tVity Tice ~ Tylarble Co. where the author has added 900 R/lontrea3 Circle necessary information and where ~ St. Paul, t~1N 55 } 02 the author has added to or deleted from the original AIA text. ,~ , & R : -i _ __~r .~ ~ ' t r v~~}r tea i~ f yrrt~r~t is ~Tl~'~l r For the following Project: This document has important legal (Include deluded description of Project, locatinr2, address grad scope.) consequences. Consultation with an attorney is encouraged with respect Columbia Heights Public Safety Center to its completion or modification. 825 4}st Avenue N®rtheast The 1992 Edition of AIA Document Columbia heights, PAN 5542} A201/CMa,General Conditions of New Public Safety Center the Contract for Construction, Construction Manager-Adviser The Construction Manager is: Edition, is adopted in this document (Narrae arad address) by reference. Do not use with other general conditions unless this EDS Builders, inc. document is modified. 404A Saint Croix Trail North Lakeland, MN 55(143 Inif•~ The Architect is: (IVcaraae urxd cadtlr-ess) Buetow and Associates, Inc. 2345 Rice Street Suite 210 St. Paul, MN 551 } 3 The Owner and Contractor agl-ee as set forth below. IA C3ocurtrent ~ 10710 '~* - 7' -12. ~yricaht ~ 1992 by The ner~- institute of Arc t ,, r~ h ga., ~d. Tnis oocum~,~t was produced by r?a;~r / AIA software at 14:37:06 on Oi /1972009 under Order No.1000385206_1 which expires on i /19/2010, and is not for resale. User Notes: (512878591) 4.3 flnit prices, if any, are as follows: ~3sscriptia Units Prigs ( 0.00) AI~TILE 5 i~~ES PAY' NT 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 C}wner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract 15ocuments. § 5.2 The period covered by each Application for Payment shall be one calendar anonth ending on the last day of the month, ar as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manager not Inter than the Twenty-fifth day of a month, the C}wner 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 tl•re application date fixed above, payment shah be made by the C7wner 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 13ocuments. 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 o1• 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 far 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 Faocuments, the amount of each progress payment shall be computed as follows: 5,6.1 Take that portion of the Contract Suan properly allocable to completed Work as determined by multiplying the percentage completi€~n 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 Gwner of changes in the Work, amounts not in dispute a-nay 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 (ar, if approved in advance by the Ownes•, suitably stored off the site at a locarian agreed upon in writing}, less retainage of Pive percent (5.00°Ia j; ~ 5.6.3 Subtract. the aggregate of previous payt,ietits made by the C3wner; 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'IShe progress payment amount determined in accordance with Secti€~n 5.t7 shall be further modified under the following circumstances: ~ 5.7.1 Add, upon Substantial Completion of the Work, a sum suffierent to increase the total payments to Ninety- f3ve percent (95.00°l0 ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and init. AtA ~o~aarnent A90t!€ ~ -' 92.6"rsnyrirtht ~ i 9P~ by The AmE ;an ~titute o1 ~~~~+~tects. rights er~ d 3 '"his document was pros red by / AIA software at 14:37:06 on 01/19/2009 under Order No.1000385206_1 which expires on 1/19/2010, and is not for resale. User Notes: (512878591} 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.~ Reduction ar limitation of retainage, if any, shall be as fellows: (df it is irrten~ded, prier tcP Substaraticrl Cor~®a~rletaorz~ ref tFie entire Work, t~ reduc•e or litnat the ret~c~~ztia~~~ resu~ltirag frvira t?r~e percer2ta~ges ir~aserted ire ~ectiaras S.~.f and S.t',.2 aboti~e, arad this is rr~c~t explai~rrcd elsewhere irr the C'c~ratrae°t d~c~cut~erats, insert here proi~isicrns fc~r such redatic~tirrra ctr lirnitatic,~n.} ARTICLE 6 FINAL P~Yt~ENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractar when (l }the Contract has been fully perfanned by the Contractor except far the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 ctf the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2} a final Praject Certificate far Payment has been issued by the Construction Manager and Architect; such final payment shall be oracle by the Owner not more than 30 days after the issuance csf the final Project Certificate for Payment, or as follows: Alter the Contractar has satisfactorily completed all non-conformed work, fulfilled all final close-out requirements in accordance with the Contract Documents. ARTICLE 7 ISCELLANECl1 P Ct61SIClS ~ !.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Dacuanent, the reference refers to that prevision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due at3d unpaid under the Contract shall bear interest from. the date payment is due at the rate stated below, ar in the absence thereof, at the legal rate prevailing from time to time at the place where the Praject is located. (Insert rate =?f znterert agreed arptrr2. if aray.) At legal. rate of interest as set by Minnesota Statutes. (Usac~1~ laws czrad rec~uirerrtents adnder the Federal Truth ire Lending Act, sirnilcar state arztl local consarrraer credit laws arzcl ether regulaticrn~s cat the Owner°'s arad Contractor°s princ•a~pal places r7f lir~siness, the hcrztion cif tlae d'r-trject cared elsewhere may affect the i~alidiry crf th%s provisiont. L.e~al adl~a~ce shoadd 17e c~btcairred with respect to deleticrars ar rnadificata~orr~s, and else re~;ardirag reyuirern~erats ste~cla as w=rittert clzsclosures crr waivers.) § 7.3 Temporary° facilities and wervices: (Flere insert ternpcrrary fcac~ilities grad services wdaich are different from ar irr adctitzara tc~ those included elsewhere in the Caratruc;t I~ocurraents.} `This Contractar is responsible far all temporary facilities as identified in the Praject Manual; including but net limited to leading, unloading, materials storage and protection, layout, clean-up, hoisting, scaffo}ding, bracing, safety, barricades, guard rails, protection of Work and surrounding Work, as specified. Location of site stared materials anti temporary taCilities shall be caardii,ated with the Ct~nstructian Manager/Site Representative. 7.4 Other Provisions: (Tder-e list urav spc~cica~l provisions affecting the C'arrtract.) See Exhibit A, attached. ARTBCLE ~ TER IATIC SEIPESICh1 .1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. frtft. ~ scs~~tetrt A10'f(d Erna _ tc i~yyr6ght O 1992 by The Ama ear Instituf~ of Architects. ~ ' rigtfy reserved. This docu€nent was produced by 4 / AIA software at 14:37:06 on 01 /19/2009 under Order No.1000385206_i which expires on 1/19(2010, and is not for resale. User Notes: (512878591} 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. T1f3h 9 E Tlt~ C7F C~hlTa4~T BII ETS 9.1 The Contract Documents, except foe• Modifications issued after execution of this Agreement, are enumerated as follows: 9e1,1 T'he Agreement is this executed Standard Form of Agreement Between. Owner and Contractor, AIA Document A i O1 fCMa, 1992 Construction Manager-Adviser Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A2()11CMa, 1.992 Construction Manager-Adviser F,dition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project. Manual dated October 3(), 2008 ,and are as follows: ~~~arrrtent Tone Pages Division 0 Bidding and Contract 164 Requirements Division 1 General Requirements 38 3.1.4 The Specrfieations are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Eittaer list floe Speei~j~iccations lzer_e r~r refer to an. exhibit adtachecl to th.is~ ~~reeaneni.) Title Pages Bid Packages as prepared by 331. Buetow and Associates, Inc. dated October 30, 2008 Bid Packages as prepared by 305 Buetow and Associates, Inc. dated October 30, 2008 9.1.5 The Drawings are as follows, and are dated October 30, 2008 unless a different date is shown below: (Either list t/ze Drax=irzgs Tzere or refer- to can e:xdr,il~it crttczcl2eci to tTzt~s Ag~reernerrt. ) 6dttt~ber Title Data A0.0 Cover Sheet C2 Paving Plan (for reference) 9/26/2008 A2.1 Lower Level Floor Plan A2.2 Main Level. Floor Plan A2.3 Mezzanine Floor Plan A3.1 Building Elevations & Sections A3.2 Building Elevations A4.1 thru A4.5 Wall Sections A4.6 and A4.7 Stair & Elevator Sections & Enlarged Plans A4.8 Stair Sections and Details A4.9 Details & List of Abbreviations A5.1 Enlarged Floor Plans A6.1 and A6.2 Interior Elevations A6.3 Lobby Elevations ~ Enlarged Lobby Plans A6.4 Interior Elevations & Details A7.1 Lower Level Reflected Ceiling Init. ,4 Docurr n6 ~ QilC a~ - 7992. ~tapryrir~ t O 7992 by The Arneric 7 Institute o9 Rrchitects. a#!f r6satrts res, r€ '. r e; ~ his dacu ent was produced by 5 / AIA software at 14:37:06 on 0 7 /7 912009 under order No.700038b'l06_~ which expires on i/79/2010, and is not for resale. User Notes: (57 2878591 } Plan A7,2 Main Level Reflected Ceiling Plan. X7.3 Mezzanine Reflected Ceiling Plan X8.1 Doar Schedule X8.2 Daar and Frame Details FI.1 Lower Level Furniture Plan (for reference only} F1.2 Main Level Furniture Plan (far reference only) S 1 thru S 11 Structural Steel MSI.1 Site Plan -Geothermal Wells and Plumbing M1.1 tl~ru M9.1 Mechanical ES 1 Site Plan -Lighting E1 thru Eft Electrical 9.1.6 'l'he Addenda, if any, are as follows: Number late Pages 1 11 / 19/20(}8 37 2 11 /20!2008 1 3 1.1125/2008 15 Portions of Addenda relating to bidding ret~uirements are not Part of the Contract Documents unless the bidding reduirements are also enumerated in this t~rticle 9. § 9.1.? Other documents, if any, farming Part of the Cantract Documents are as follows: (List here airy additian~al dacur~zerrts• rvtaic•h core intended tv foam part of't/ae Cor~trcrct L?ocu~rnetats. 77~e Geraerczl Cc»ditians prcivide that bidding rec/i~iret~2ents such as advertisement or iti~r~dtatiore to Uid, IrastrarcPiprts to Bidders, sample forms ar~d tl2e Contractor's bid are rt~c~t part clf the Can~trcact Documents unless enxtrraerated in this tlgree~rrent. They should be listed here only if irztentted to he part of'the C"arztrae•t I?ocrarifze;<ats.} title Oary Peterson, _ ~ , ~/ Date ~ _~ ,, , ~- Date Init. AIA t7oct°«•aeraf A1o4f~~ T^9 - 1992. C yr' ~ 1992 by The Amer'^an Ins to of 'c teois. OtE ri^h reserved. This current was produced by / AIA software at 14:37:06 on 01!19/2009 under Order No.1000385206_1 which expires on 111 9120 1 0, and is not for resale. User Notes: (512878591 } T P / T T T LI3 ~IIG TS I'LT I.I E T Ia I TS, I TA Within five (S) working days after award of the Contract, this Contractor must submit to the Corstruction 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 in 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 labor 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 alI 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 ixl 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.