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HomeMy WebLinkAboutContract No. 2015-2659A TIVI o A D o c u m e n t A 10 1 -2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty - second day of June in the year Two Thousand Fifteen ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) 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 the standard form text is available from the author and should be and the Contractor: reviewed. A vertical line in the left (Name, legal status, address and other information) margin of this document indicates where the author has added Veit & Company, Inc. necessary information and where 14000 Veit Place the author has added to or deleted Rogers, MN 55374 from the original AIA text. This document has important legal consequences. Consultation with an for the following Project: attorney is encouraged with respect (Name, location and detailed description) to its completion or modification. Columbia Heights Library AIA Document A201 TM -2007, 3939 Central Avenue General Conditions of the Contract Columbia Heights, MN 55421 for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address and other information) HGA Suite 100 420 5th Street North Minneapolis, MN 55401 The Owner and Contractor agree as follows, AIA Document A101 T — 2007. Copyright p 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to I the maximum extent possible under the law, This document was produced by AIA software at 10:48:01 on 06/26/2015 under Order No.9656812612_1 which expires on 02119/2016, and is not for resale. User Notes: (1349210707) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS 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, all of which 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, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Work may begin on or after receipt of the signed contract from the Owner, proper insurance, and Performance and Payment Bonds are in place. Pre - construction and submittals work related to the project is to commence immediately after receipt of the signed contract. The work on the premise is anticipated to begin on July 6, 2015. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: N/A § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American (nit. institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.B. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 10:48:01 on 06/26/2015 under Order No.9656812612_1 which expires on 02/19/2016, and is not for resale. User Notes: (1349210707) (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Owner requires work to be substantially complete on or before milestone dates as listed in Project Schedule Requirements, Section 0132 10. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) N/A ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Seven Thousand Seven Hundred Seventy -Two Dollars and Eigbty -Six Cents ($ 507,772.86 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) UP -1: Mobilization Lump, Qty. 1 $48,000.00 UP -2: Construction Surveying Lump, Qty. 1 $4,475.00 UP -3: Chain Link Fencing (Temporary) L.F., Qty. 1,162 $6.25 UP -4: Chain Link Fencing Gate Each, Qty. 1 $400.00 UP -5: Monitor Well Sealing Each, Qty. 3 $1,680.00 UP -6: Remove Pavement S.Y., Qty. 4,777 $2.25 UP -7: Sawcut Pavement L.F., Qty. 375 $2.80 UP -8: Common Excavation (Plan Quantity) C.Y., Qty. 12,000 $4.05 UP -9: Screen On -Site Soil C.Y., Qty. 6,120 $5.80 UP -10: Crush Concrete Rubble On -Site for Reuse C.Y., Qty. 100 $50.00 UP -11: Remove Rubble for Debris Ton, Qty. 1,400 $18.50 UP -12: Export Suitable Soil Material (LV) C.Y., Qty. 500 $0.01 UP -13: Export Designated Contaminated Soil Ton, Qty. 8,800 $18.50 UP -14: Export Designated Contaminated Material Ton, Qty. 100 $19.50 UP -15: Discharge Contaminated Water to Sewer M. Gal, Qty. 5 $200.00 UP -16: Polyethylene Sheeting (6 -mil) S.Y., Qty. 1,000 $2.35 UP -17: Polyethylene Sheeting (10 -mil) S.Y., Qty. 1,000 $2.70 UP -18: Disposal of Asbestos Containing AIA Document A101 TM —2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American (nit. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 3 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 10:48:01 on 06/26/2015 under Order No.9656812612_1 which expires on 02/19/2016, and is not for resale. User Notes: (1349210707) Material Ton, Qty. 100 $28.60 UP -19: Select Suitable Soil Material (Borrow) (LV) C.Y., Qty. 5,930 $5.15 UP -20: Granular Borrow (CV) C.Y., Qty. 1,410 $8.90 UP -21: Select Granular Borrow (CV) C.Y., Qty. 1,820 $9.20 UP -22: Aggregate Base, Class 7 (CV) C.Y., Qty. 610 $27.25 UP -23: Aggregate Bedding (2.5" to 1.5 ") C.Y., Qty. 100 $74.00 UP -24: Pipe Bedding Granular Material C.Y., Qty. 100 $20.00 UP -25: Connection to Existing MH Each, Qty. 1 $1,100.00 UP -26: 8" Pipe (PVC SDR 26) L.F., Qty. 52 $25.00 UP -27: 10" Pipe (PVC SDR 26) L.F., Qty. 20 $35.00 UP -28: 12" Pipe (CPE) L.F., Qty. 168 $27.00 UP -29: 12" Pipe (RCP) L.F., Qty. 190 $30.00 UP-30:15" Pipe (RCP) L.F., Qty. 44 $31.00 UP -31: 15" Pipe Apron Each, Qty. 1 $1,500.00 UP -32: Construct Drainage Structure Design H L.F., Qty. 9 $230.00 UP -33: Construct Drainage Structure Design 4020 L.F., Qty. 29.2 $365.00 UP -34: Casting Assembly Each, Qty. 8 $1,075.00 UP -35: Tree Removal Each, Qty. 10 $480.76 LIP -36: Silt Fence L.F., Qty. 970 $1.65 UP -37: Storm Drain Inlet Protection Each, Qty. 7 $160.00 UP -38: Filter Log Type Compost (Bioroll) L.F., Qty. 300 $3.90 UP -39: Rock Construction Exit Each, Qty. 2 $1,600.00 UP -40: Seeding, Temporary Cover Acre, Qty. 0.5 $1,750.00 UP -41: Erosion Control Blanket, Category 3 S.Y., Qty. 580 $2.25 UP -42: Hydromulch Acre, Qty. 0.5 $5,420.00 UP -43: Mulch, Native Straw Acre, Qty. 0.5 $1,230.00 UP -44: Work Zone Traffic Control Lump, Qty. 1 $1,350.00 UP -45: Miscellaneous Work Lump, Qty. 1 $0.01 § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item N/A Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: See below. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 25th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) AIA Document At 01 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 10:48:01 on 0612612015 under Order No.9656812612_1 which expires on 02/19/2016, and is not for resale. User Notes: (1349210707) § 5.1.4 Each Application for Payment shall be based on the most recent 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. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1 .6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM -2007, General Conditions of the Contract for Construction; .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 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .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 AIA Document A201-2007. § 5.1.8 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 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N/A § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 a final Certificate for Payment has been issued by the Architect; and .3 the Contractor has submitted State of Minnesota IC -134, Withholding Affidavit for Contractors. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 10:48:01 on 06/26/2015 under Order No.9656812612_1 which expires on 02/19/2016, and is not for resale. User Notes: (1349210707) N/A ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ NIA ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ N/A ] Litigation in a court of competent jurisdiction [ N/A ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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.) (Paragraph deleted) § 8.3 The Owner's representative: (Name, address and other information) Mr. Brett Baldry ICS Consulting, Inc. 3890 Pheasant Ridge Drive Northeast, Suite 180 Blaine, MN 55449 Telephone Number: 763 - 354 -2670 Mobile Number: 612- 817 -9318 E -mail Address: brettb @ics- consult.com § 8.4 The Contractor's representative: (Name, address and other information) 0 Mr. Nate Stone AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 6 reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 10:48:01 on 06/26/2015 under Order No.9656812612_1 which expires on 02/19/2016, and is not for resale. User Notes: (1349210707) Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 Telephone Number: 763 - 428 -6747 Mobile Number: 612 - 965 -8917 E -mail Address: nstone @veitusa.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days �witten notice to the other party. § 8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title 000105 Certifications Page 000110 Table of Contents 003000 Advertisement for Bids 003100 Available Project Division 33 Information 004100 Bid Form 005000 Contracting Forms and Supplements 005100 Instructions to Bidders, AIA Document A701 007200 General Conditions of the Contract for Construction, AIA Document A201 Date May 27, 2015 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) May 27, 2015 Section Title Date Division 01 General Requirements Divisions 02 — 30 NOT USED Division 31 Technical Specifications Division 32 NOT USED Division 33 Technical Specifications § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) See Exhibit 'A' attached hereto. Pages 47 Pages AIA Document A101 TM — 2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American (nit. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 10:48:01 on 06/2612015 under Order No.9656812612_1 which expires on 02/19/2016, and is not for resale. User Notes: (1349210707) Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages Addendum No, 01 June 11, 2015 10 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 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: N/A .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides 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 should be listed here only if intended to be part of the Contract Documents.) N/A ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I 1 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201- 2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) AIA A312 Performance and Payment In accordance with the Contract Amount Bonds Gary Peterson, Mayor (Printed name and title) Greg Boelke, President (Printed name and title) AIA Document A101 T" — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 10:48:01 on 06/26/2015 under Order No.9656812612_1 which expires on 02/19/2016, and is not for resale. 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