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HomeMy WebLinkAboutContract 22132213 ® ~ - - ~ - T~ a o ,: ~ w i ` f~e~ t61 basis f rrl~~lt is TIPtJ ~~' Cd A~REE~IENT made as of the Twenty-ninth day of April in the year Twa Thousand N1ne ADDITIONS AND DELETIONS: (In titrnrds, zndicute da~%, month and _yecar.) The author of this document has added information needed for its 13ET EE the Qwner: completion. The author may also (Nc€rne aaxd {zddr-e.ss) have revised the text of the original AIA standard form. An Additions and City of Columbia Heights Deletions Report that notes added 540 41}th Avenue Northeast information as well as revisions to Columbia Heights, N1N 55421.-3S7g the standard form text is available from the author and should be and tine Contractor: reviewed. A vertical line in the left (Na~rrte and addr-c.rs) margin of this document indicates where the author has added Shartstop Electric necessary information and where 1646 l Flintwo«d Street N W the author has added to or deleted Andover l!llltiT 55304 from the original AIA text. This document has important legal For the following Project: consequences. Consultation with an (Include detailed descriixti€~rt ref f'r€xject, !oc€ztiort, address and sco~~e.} attorney is encouraged with respect to its completion or modification. Columbia Heights Public Safety Center The 1992 Edition of AIA Document &25 41st Avenue Northeast A201lCMa,General Conditions of Columbia Heights, Mi'V 55421. the Contract for Construction, New Public Safety Center Construction Manager-Adviser Edition, is adopted in this document The Construction lsilanager ts: by reference. Do not use with other (Nance arzd address) general conditions unless this document is modified. EIS Builders, Inc. 404A Saint Croix Trail North Lakeland, N 55043 The Architect is: (Name and address) Buetow and Associates, Inc. 2345 Rice Street. Suite 210 St. Paul, MN 55113 The Qwner and Contractor agree as set forth below. Init. A4A Uocurne-" A901/f °°aT~ - 4932. copyright O i 992 by The American Institute of Architects. All rights reserves` s' 4 i i s "recta ~ s > 1 ~nz ii a~ ~ d wi4i oe ~ 7 n ur r. This document was produced by / AIA software at 15:54:57 on 04(29/2009 under Order No.1000385208_t which expires on 1 /19/2010, and is not for resale. User Notes: (2880350148) ARTICLE 1 THE CANT CT DOC 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 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, representatiosts or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE I~PORIt CF 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 <ts follows: Section (10300 Bid Division Ch5-16-2 Supply and Installation of 400 KVA Generator ARTICLE 3 DATE OF CO~~IENCE~ENT AND SUESTANTIAL COMPLETION § 3.1 The date of camtnencement is the date from which the Contract Tithe of Section 3.2 is measured, and shat] 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 native to proceed issued by the Owner. (Insert floe date of corrtrnen~cenaertt, if it differs from tlr~e ctctte crftltis A~reerrrent car, if appticable, state that the date hilt be fixed irz a tacrt%ce to trrrrceed.) 1.)nless 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 outer security interests. § 3.2 'The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date nr rrac~laxber crf calendar days after the date of carnrraen~cem~ent. Also uasert uny redra~is~enzen~ts for earlier Sttbstctn~ti~c~tt Cortzlrletiort of certain lrcrr•tioras rrf the Work, (f root stated elsers~here in the C'crratrrtct I~clctarterztr. ) B August 31, 2()09 Parkla al' ark Substantial Caplstlon oafs subject to adjustments of this Cantract Time as provided in the Contract Documents. (Insert provisiora~s, if arr_t5 for lidaidated deamages retatirr,~ to failure to carra~letc~ c'rn~ tune. ) ARTICLE 4 CONTRACT SUM 4a1 The Owner shall. pay the Contractor in current funds far the Contractor's performance c>f the Contract the Contract Sum of Eighty-eight Thousand Seven hundred Eighty-three Dollars aatd. Seventy Cents ($ 8S,7S3.7(} }, subject to additions and deductions as provided in the Contract Documents. § 4.2 The Cantract Sum is based upon the fallowing alternates, if any, which are described in the Cantract Documents and are hereby accepted by the Owner: (State the rturnbers or other ida~: r2tif cxttion of aece~ted alternates. If decisions ora other alterruztes are to be rna~de b~~ the C)wraer• sabsequetat to the executionx of flats A,>; reen~aent, crttacla a scl2edttle of suedr outer a~lterrrates skowirt~g floe arraotrrat far each and tlae date until u~hi~ch that czrraoun~t is vicelid.) Base Bid $95,300.00 Supply 693 gallon fuel storage tank in lieu of 1,500 gallon fuel storage tank and supply 4 hour test in lieu of 8 hour test. Deduct -($ 6,516.30) Init. A Document AtOttC61faT~" - 1992. Co~ryright O 1992 by The American Institute of Architects. At' ~ights reserves' t~ i 2 rp z s a .This document was produced by / AIA software at 15:54:57 on 04/29!2009 under Order No.t OOfl385206_i which expires on 1(19/2010, and is not far resale. User Notes: {2880350148} Cantract Price $88,783.70 ~ 4.3 ~Jnit prices, if any, are as fellows: Destiriptiesn Units Prig { 0.00) AF2TECLE 5 PRC3ftESS PAl'INENTS 5.1 Paced open Applications far Payment submitted by the Cantractc~r to the C«nstructian Manager, and upon Project Applications and Certificates far Payment issued by the Canstructian Manager and Architect, the Owner shall make pragress payments an account of the Cantract Sum tc'} the Contractor as pravided below and elsewhere in the Cantract Documents. § 5.2 The period cavered by each Apl-slication far Payment shall he one calendar month ending on the last day af'the month, ar as follows: § 5.3 pravided an Application far Payment is submitted to the Constructian Manager net Later than the Twenty-fifth day of a month, the Owner shall make payment to the Contractor net Later than the Thirtieth day of the fallowing month. If an Application for Payment is received by the Constructian Manager after the application date fixed above, payment shall be made by the Owner nc>t 1<tter than Srxty F 60) days after the Constructian Manager receives the Applicatian for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Cantract Documents. The Schedule of Values sh<rll allocate the entire Con€ract Sum 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 Construction Manager or Architect, shall be used as a basis for reviewing the Contractor`s Applications for Payment. 5.5 Applications far Payment shad indicate the percentage of completion of each portion of the Wank as of the end of the period cavered by the Applicatian far payment. § 5.6 Subject to the provisions of the Cantract Dacurnents, the amount of each pragress payment shall be computed as fellows: 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 ctf the fatal 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 cast to the Owner of changes in the Work, amounts not in dispute may be included as pravided in Section 7.3.7 of the General Conditions; 5.6.2 Add. that pardon of the Cantract Sum properly allocable to materials and equipment delivered and suitably stared at the site for subsequent incorp€~ratian in the completed construction {a~•, 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, far which the Canstructian Manager ar Architect has withheld ar nullified a Certificate far Payment as pravided 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 Dooument A101lCf~eTM - 1992. Copyright O 1992 by The American {nstitute of Architects. A!E rights reserves". s 3 ;a r .This document was pradueed by / AIA software at 15:54:57 on 04!29/2009 under Order No.1000385206_i which expires on 1!19!2010, and is not far resale. User Notes: (2880350148) 5.7.E Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety- five percent (9~.00~'lr } of the Contract Sum, less such amounts as the Construction Manager recommends 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 na fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.~ Reductioel or limitation of retainage, if any, shall be as follows: (lf it a's interadecl, prim to satFistantia~l Corrtpletiort~ of the erxtire Work, to reduce or limit the t-etaitaage resa~lt%rzg from the perec>ratcages i~aserted ira Sections S.fi.l cxn~d 5. f.2 above, a~racl this is not explaitaetl elsewhere in tfze Contract Documents, insert here pr-ovi,rions for such recla~ctiora or lifs'iitatiota. ) 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 (I ~ the Contract has been fully performed by the Contractor except far the Contractor's responsibility to correct nonconfoa•ming Work as provided in Section 12.2.2 cif the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2} a final Project Certificate far Payment has been issued by the Construction Ivfanager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance o~f the final Project Certificate far Payment, or as (allows: After the contractor has satisfactoa•ily completed all non-conformed work, fulfilled all final close-out requirements in accordance with the Contract Documents. ARTICLE 7 ISCELLANEC3US PROViICDNS 7."I Where reference is anode 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 frown 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. (la2ser-t rate of interest c~rgr~eec'I repcrn, if crrt,}-.) Per legal rate of interest as set by Mina~esata Statutes. (usury laws ar7~d redrairerrtet~ats at~YZrter• tlae F~ecleral Trerth ist Z,ert~diaa~ AcF, sif~nilc~ar stcxte cz~rtd locerl consarmer credit Icrws ctn~d other regulaC~ion~s at the f~wner's arad Contractor's priwcipal places of husi~rtess, Rlae loeatiotz c?f thr~ Yrojeet ur~d elsewhere nurY~ cx~ffect the vcrlirlrYy~ of this proa~isiort. L.~~>crl cadvzc~~ should fie ohtcc~ined with r~s~ect to deletio~r~s or rnodficatioras, cz.racl also regardiraS rc:qui~rern~ents srreta as writterz disclosures or wctiver-s.) § 7.3 Temporaa°y facilities and services: (Here inser7 ternparary facilities and services which arc drfferent fr•orrz or %n, crcldit%vn~ to those included elsewhere ira the Con~tra~ct Docctrrzents.} This contractor is responsible for all temporary facilities as identified in the Prt~ject Ivlanual; including but not limited to loading, unloading, materials storage and protection, layout, clean-up, hoisting, scaffolding, bracing, safety, barricades, guard rails, protection of Wark. and surrounding Wark, as specified. Location of site stared materials and temporary facihties shall be coordinated with the Canstruetioa3 iVlanagerlSite Representative. § 7.4 Other Provisions: (Here listaray special provisions affectirt~g the Contract.) See Exhibit A, attached. A3A 33oeuenent A1Q"'' °aT~' -'3992. Copyright c0 1992 by The American Institute o3 Architects. All rights reserved Init. i i 4 rr This document was produced by / AIR software at 15:54:57 on 04/29/2009 under drder Na.1000385206_1 which expires on 1!19/2010, and is not for resale. User Notes: (2880350148) Do~umes~t Title Page Division 0 Bidding and Contract 164 Requirements Division t General Requirements 38 § 9.1.4'I`he Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list tkre SPecificcatiot~ts here or refer t~ an e~lzibit nttcrchect t~ this Agreement..) Se~tia~ Project Mat3ual -Book One, Phase Three Project Manual, Boole Two, PhaseThree Title Pages Bid Packages as prepared by 331. Buetow and Associates, It3c. dated October 30, 2()08 Bid Packages as ptepared by 305 Buetow and Associates, Inc. dated October 30, 2008 9.1.5 The Drawings are as follows, and are dated October 30, 2{108 unless a different date is shown below: (Either list the 1)rcrwin,gs here crr refer ter an exhibit crttaclzed to ahis Agreernen~t. ) Number Title Date A0.(1 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.Z 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. AIA t3acument A303/C°1aT"~ - 3992. Copyright C~3 1992 by The American institute of Architects. Ail rie ` is reserved "" ""° " .,r. ~ a !z ~¢R 5e+~~s ~ crteaac:aat 3.s ,€a~ea'Ht5 rte t "a'tt ~ R. This a0aument was produced by / AIA software at 15:54:57 an 04/29/2009 under Order No.1000385206_1 which expires on 1/19(2010, and is not for resale. User Notes: (2880350148) A6.3 Lobby Elevations & Enlarged Lobby Plans Afi.4 Interior Elevations & Details A7.1 Lauver Level Reflected Ceiling Plan A7.2 Main Level Reflected Ceiling Plan A7.3 Mezzanine Reflected Ceiling Plan A8. t Doar Schedule A8.2 Door and Frame Details F1.1 Lower Level Furniture Plan (for reference only) F1,2 Main Level Furniture Plan (for reference only) S 1 thru S 11 Structural Steel MSI.1 Site Plan -Geothermal VJeIIs and Plumbing M1.1 thru M9.1 Mechanical ES 1 Site Plan -Lighting E1 thru E6 Electrical 'TI.1 Dated March 26, 2009 ~' 12 Dated March 26, 2009 9.x.6 The Addenda, if any, are as follows: Ntirnb~r Date acs 1 11/ 19/2008 37 2 11 /20/2008 1 3 ]1125/2008 IS Portions of Addenda relating tc> bidding requirements are not part of the Contract Dacuments unless the bidding requirements are also enumerated in this Article 9. § 9.1.E C)ther documents, if any, forming part of the Contract Documents are as follows: (List !acre any additi~araral docu~anerzts tit~hicla czre a~atter~uleel P/~ f~rnn part of the Contract L~oc°a~n~t~nts. Zhe C;etTer-al Cotzditi<~ns hrc~vide that br~clcliaag reyuir-etraeaats s~ucla cas cadirertlserraerat or ittvita~a~ion to bill, Irastructioras to tic%ler~~s, sczr~nple forms ca~ucd tlae C~rntractrar's bill care aacst /cart of tlae C'c~ratraet 13~cuaazeaats unless c:/aun~ac rated ira tlazs A~rreerraerat. Tlaei- slaaulcl be listed !acre only if`ira,teaarlc:d to be dart crf tlae Cc~rafract I3ocurraetats.) Section 00010, Advertisement far Bid Section 00300, Bid Division Fndex and Descriptions Section 00400, Proposal Form 'I'bis Agreement entered into as of the day and year first written above. Init. A6A Ctocument A1011CFAaT~ - 1992. Copyright O 1992 by The American Institute of Architects. A?' rights reserved. ` ` to s r cs cramsns r ~ / AIA software at 15:54:57 on 04/29/2009 under Qrder No.i000385206_i which expires on 1/19!2010, and is not for resale. User Notes: - / a This document was produced by (2880350148) 6