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HomeMy WebLinkAboutContract 21942194 r~ 4 r ~~ 6~~re the bsr~ of payl~er~t is ~ TI~U TES U AGREEMENT made as of the Twenty-third day of March in the year Two Thousand Nme ADDITIONS AND DELETIONS: (Irz words, indicate day, rnontlr anal year.) The author of this document has added information needed for its ~ET~lIEEN the C3wner: completion. The author may also (Ncrrrre caul addres.~) 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-_3878 the standard form text is available from the author and should be and the Contractor: reviewed. A vertical line in the left (Narrze czrzd address) margin of this document indicates where the author has added Range Systems, Inc. necessary information and where 5121 W innetka Avenue the author has added to or deleted New Hape, MN 55416 from the original AIA text. This document has important legal For the following Project: consequences. Consultation with an (Include detailed descriptr"irrz rrf Prrrject, loc;atiorz, address grad srcrpe.) 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 (Ncune arad address) general conditions unless this document is modified. EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 The Architect is: ('Narrre arul address) Init. Buetow and Associates, Inc. 2345 Rice Street Suite 210 St. Paul, MN 55113 The Owner and Contractor agree as set forth below. AIA CDOCUanent A701/CbNaTA° - 1992. Copyright O 1992 by The American Institute of Architects. A!€ rights reserared. rMa~ s severe c's i AIA software at 11:49:59 on 04/30/2009 under Order No.100036b206~ 1 which expires or 1/19/2010, and is not for resale. User Notes: This document was proauced by (1254665143) 1 APTIGLE 1 THE GENT CT DGUB~ENTS 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 Iistc;d in this Agreement and Modifications issued after execution of this Agreement, these farm the Contract, and are as fuI'}y a part of the Contract as if attached to tFtis Agreement ar repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negatiativns, representations ar agreements, either written or arat. An enumeration of the Contract Document:;, other than Modifications, appears in Article 9. Af~TIGLE 7 THE ~VV~~K OF THIS GC}NTRAGT The Contractor shall execute the entire Wark described in the Contract Documents, except to the extent specifictlly indicated in the Contract Documents to be the responsibility of others, or as follows: Section 003(10 Rid Division CH4-1 I -1 Gun Range Design, Supply and Instal}atian ARTIGLE 3 DATE CIF GON1ft~ENGE~ENT AND SUBSTANTIAL GI~f~PLETIQN § 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 Agreeanent, as first written above, unless a different date is stated below or provision is 1~nade far the date to be fixed in a notice to proceed issued by the Owner. (insert the date of ~contrr2enceraaertt, if it di ffers front the date of this Agreement or, (f czpplicnble, state tltcr~t the date tvi.ll be,fia:ed lrt n. notice to proceed.} Unless the date of commencement is estab}fished by a notice to proceed issued by the Owner, the Contractor shalt notify the Owner, through the Construction Manager, in writing not Tess than five days before commencing the Work to permit the timely filing of mortgages, mechanic's Bens and other security interests. § 3.2 The Contractor shall achieve Substantia} Completion of the entire Nark not }ater than (Insert the ccdendctr dime or r2utnGer of calendar d~vs a fter tine date of eotnmencerttent. Also insert crny requirements wlor eu~rlier 5tt~sta~ntr~al Cotrtpletion of eertair~t~7ortions of the Wnrk, if~not stated elsewhere in the Contract I~acumetat,r. August 3I, 2009 Portion of Wor6c Substantial Gompletion date , subject to adjustments of this Contract Time as providedrrl the Contract Documents. (Insert provlsiort.r, if e~n_v, j~or ligt~ridczted dcanzag>es rela~tirag to foi~lure to conr~lete ott time. ) ARTICLE 4 GC}NTEtACT SUM 4.1 The Owner shall pay the Contractor in current funds fat- the Contractor's performance of the Contract the Contract Sum of One Idundred Twenty-nine Thousand Nine Hundred Seventy-nine Do}tars and Zero Cents ($ 129,973.4)0 ), subject to additions anc} deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the faliawing alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Stcue the nutnhers or ol~hcr identz~crction, nf~czccepted a~ltertarr~tes. If decisions on otlter• czltetsante.c ctre to he made 1~~~ the Qu~ner su~bsequettt to the evec~ution of this Agr-eerraent, tzttaclz a .rcltedule of st~tc°h outer c/lterttates showitt~g the atttoun.t fnr eECCft and the date until wltzclz tltczt a~mourtt is vczlr'd.) Init. AfA Document A101/CtbtaTM - 1992. Copyright O 1992 by The American Institute of Architects. AI6 rights reserved, 2 s, a the This dacument was produced by / AIA software at 11:49:59 on 04/30/2009 under Order No.1000385206_._t which expires on 1 /19/2010, and is not for resale. User Notes: (1254665143) 4.3 Unit prices, if any, are as follows: escritlmrr Un°!#s Price { 0.00) ARTICLE 5 PROGRESS PAY~Eh1TS § 5.9 Based upota Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Canstructian Manager and Architect, the Owner shall make progress payments an account of the Cantract Sum to the Cantractar 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 an the last day of the month, ar as follows: 5.3 Provided an Application far Payment is submitted to the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment to the Cantractar not later than the Thirtieth day of the following month. If an Application for Payment is received by the Canstructian Manager after the application date fixed above, payment shall be made by the Owner not later than Sixty (6d }days after the Construction Manager receives the Application far Payment. § 5.4 Each Application for Payment shall. be based upon. the Schedule of Values submitted by the Cantractar in accardance with the Contract Documents. The Schedule of Values sh<rIl allocate the entire Contract Susn among the various portions of the Wark. 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 Canstructian Manager air Architect, shall be used as a basis far reviewing the Contractat's Applications far Payment. § 5.5 Applications far Payment shall indicate the percentage of completion of each portion of the Wark as of the end of the period covered by the Application far Payment. § 5.6 Subject to the provisions of the Cantract Documents, the amount of each progress payment shall be computed as follows: § 5.6.9 Take that pardon of the Cantract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each particln 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.(1(}~In ). Pending final determination of cast to the Owner of changes in the Wark, 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 Cantract Sum properly allocable to materials and equipment delivered and suitably stared at the site for subsequent incorporation in the completed construction (ar, if approved in advance by the Owner, suitably stared off the site at a location agreed upon in writing}, less retainage of Five percent (5.()0°In }; § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, ft>r which the Canstructian Manager ar Architect. has withheld ar nullified a Certificate far Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accardance with Section 5.6 shall be further modified under the following circumstances: Init. A!A t~ocument A90tiC' ys~ - f 992. Copyright O 1992 by The American Institute of Architects. A!! rights reserved. ~. . s 3 ~ ~ es; .. Thls document was produced by / AIA software at 11:49:59 on 04!30/2009 under Order No.1000385206_1 which expires on 1 /19/2010, and is not for resale. User Notes: (1254665143) § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety- fivepercent (95.00°Ic•~ } of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines fc}r incomplete Work and unsettled Bairns; 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 follaws: (1f it is irrtet2ded, hrir>r to Substantial Corrapletion of the entire Work, to re€lcr~ce or lirni.t t12e retair2age resealtir2g from the perc~entuges inserts/! in. Sectirrns 5.6.1 ar2d 5.6.2 abnr=e, arad this is not ex~rlair2ed elsetivlzere in. tyre Ccuztr~act IJocun2srats, insert here lrrovisiorzs,jor- srrcl2 rsductia». or lirni~tation. ) ARTICLE 6 FINAL PAYMENT Final payment, canstitutrng the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (l) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Wark as provided in Section 12.22 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2 j a final Project Certificate far Payment has been issued by the Construction Manager ~rnd Architect; such final payment shall be made by the Owner net mare than 30 days after the issuance of the final Project Certificate far Payment, or as follaws: After the contractor has satisfactorily completed all non-conformed work, fulfilled all final class-out requirements in accordance with the Contract Daeurnents. ARTICLE 7 I~ISCELLANEf3US PRCiIISIC7NS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions ar another Contract Document, the reference refers to that prevision as amended or supplemented by other provisions of the Contract Dcacuments. § 7.2 Payments due and unpaid tinder 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 Praject is located. (Ir2ser~` r-ccte of ir2tsrest e2greed ur2on, if ar~ry) } per annum (Usury lativs and reyuirernent.r under the Federal, Truth ire 1 endir2g Act, sir2ailar state acrd local cr~rnsr2rner credit laws ar2t1 other regulations at the Owner's and Contractor's priracil~ral hk~2css of business, the locati~nn of the Praject acrd elsewhere mc~t~ affect the valid%ty of tl2is ln-rn~~ision. Legal advice should be obtained with respect to deletions or n2odi~catic>ns, and also regarding rsquirerr2erzts such as wr•i.tter2 di~selasures ar• rwaiti~ers.) § 7.3 Temporary facilities and services: (Here insert ten2porur~~ facilities arzd ,5'er•viccs wlaieh care different frorr2 or• in c~rr~ldition to those ir2elucled elsewhere ire thc: Contract Dvcunrsnts.) This contractor is responsible for aIl temporary facilities as identified in the Praject Manual; including but net 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 stared materials and tetrtporary facilities shall be coordinated with the Construction Manager/Site Representative. ~ 7,4 Other Provisions: (Here list any special provisions affecting t12e Contract. ) See Exhibit A, attached. Init. AIA d°cument X101! rya - 1992. Copyright CcG i 992 by The American Institute o1 Architects. AQ6 rie~hts reserved. ¢ray ~"" This dacument was produced by ~ / AIR software at 11:49:59 on 04/30/2009 under Order No.1000385206_1 which expires on 1 /19!2010, and is not for resale. User Notes: (1254665143) Document Title Pages Div~isian 0 Bidding and Contract 164 Requirements Division 1 General Requirements 38 § 9.'1.4 The Specifications are thane contained in the Project Manual dated as in Section 9.1.3, and are as (allows: (Either list the SPec•ifzc=atic~rts here vr- re fer tc~ a~n exhr~hit cr~ttached to thr's Agreement. ) Section Project Manual - Baok One, Phase Three Project Manual, Baak Two, Phase Three Title Pages Bid Packages as prepared by 331 Buetow and Associates, Inc. dated October 30, 2t)08 Bid Packages as prepared by 305 Buetow and Associates, Inc. dated October 30, 200$ § 9.1.5 The Drawings are as follows, and are dated October 30, 20{}8 unless a differ°ent date is shown below: (Either list the Druwirtgs dtere ar refer to cxn ex/ail~it c~ttc~e•laed to this Agreement.) Number Title Date 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 Init. AEA Clocum~~nt A101/CaT~ - 1992. Copyright O 1992 dy The American Institute of Architects. All ritfhts reserved. rreay ~ ~ I This document was produced by 5 / AIA software at i 1:49:59 on 04/30(2009 under Order No.1000385206_1 which expires on 1 /19/2010, and is not for resale. User Notes: (1254665143} A6.3 Lobby Elevations & Enlarged Lobby Plans A6.~ Interior Elevations & Details A7.1 Lower Level Reflected Ceiling Plan A7.2 Main Level Reflected Ceiling Plan. A73 Merranine Reflected Ceiling Plan A8.1 Door Schedule A8.2 Door and Frame Details Fl .1 Lower Level Furniture Plan (for reference only) F1.2 Main Leve] Furniture Plan {far reference only) S 1 thru S I I Structural Steel MS 1.1 Site Plan -Geothermal Wells and Plumbing M1.1 thr^ M9.1 Mechanical ES1 Site Plan -Lighting E1 thru E6 Electrical T1.1 Dated March 26, 2009 T1.2 Dated March 26, 2009 9.1.6 The Addenda, if any, are as follows: Naarnber Dafe Pages 1 11/ 1.9/2008 37 2 11/20/2008 1 3 11 /25/2008 15 Portions of Addenda relating to bidding requirements are not part of the Cantract I}acuments unless the bidding requirements are also enumerated in this Artiele 9. § 9.1.7 Ether documents, iI~ any, farming part of the Cantract Documents are as follows: (List here atr_y additional docu~rzertts w~hicfa are lrateta~ded to for°rr7 /cart of the Contract 17ocuments. The General Co~xditinrzs provide that biddirt~g rec/uirernerats sad~ch as czdverti,rement r~r invitaticsFa to hid, fnstructioras to Bidders, surrrple,farms arzd the Cotatractor's bid ar-e natl~~art c~l'the Contract Dacuruertts unless e~r~unteruted irz~ this ~lgreem~errt. They shcrutd he listed here ora~ly if i~rten~ded tc~ be part ~f the Cort~truct Docuntefats.) RFP from Buetow and Associates dated February ~, 2009 Init_ AfA Document A101lCaTr" - 1992. Copyright O 1992 by The American Institute of Architects. Afl rights reserved. by L and tnternatic 1 Rnauth€ar'szed r, gip; ar n re c s .d cr'sm'snaS penattres, a€s _ € tse prosecuted to the rr C r 1 / AIA software at 11:49:59 on 04/30/2009 under Order No.1000385206_1 which expires on 1 /1912010, and is not for resale. User Notes: INC. . ~ is o€~ of s This document was praduaed by (1254665143) EXHIBIT A OTHER PROVISIONS fi0 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 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 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.