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HomeMy WebLinkAboutContract No. 2015-26722015 -2672 AIA Document Al 01 TM -2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twelfth day of August in the year 2015 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Columbia Heights AIA standard form. An Additions and 590 40th Avenue Northeast Deletions Report that notes added Columbia Heights, MN 55421 information as well as revisions to the standard form text is available and the Contractor: from the author and should be (Name, legal status, address and other information) reviewed. A vertical line in the left margin of this document indicates Breth Zenzen Fire Protection where the author has added 8053 Sterling Drive, Suite 101 necessary information and where St. Joseph, MN 56374 the author has added to or deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. Columbia Heights Library Construction Package 2 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 The Architect: with other general conditions unless this document is modified. (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 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 Al a 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 13:48:30 on 08/12/2015 under Order No.9656812612 1 which expires on 02/19/2016, and is not for resale. — User Notes: (1433881171) 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, pertaining to Work Scope 2 — Fire Suppression, 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 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. Work on the premise is anticipated to begin on or before August 17, 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 Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. 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 / the maximum extent possible under the law. This document was produced by AIA software at 13:48:30 on 08112/2015 under Order N0.96568126121 which expires on 02/19/2016, and is not for resale. User Notes: (1433881171) (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.) May 27, 2016. 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 Forty-Seven Thousand Three Hundred Thirty and No /100 Dollars ($ 47,330.00 ), 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 unitprice; state quantity limitations, if'any, to which the unit price will be applicable.) Item N/A Units and Limitations Price Per Unit ($0.00) § 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 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 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 i the maximum extent possible under the law. This document was produced by AIA software at 13:48:30 on 08/12/2015 under Order No.9656812612 1 which expires on 02/19/2016, and is not for resale. — User Notes: (1433881171) § 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 thepercentages inserted in Sections 5.1.6.1 and 5.1.62 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; and 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 All 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 4 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 / the maximum extent possible under the law. This document was produced by AIA software at 13:48:30 on 08/12/2015 under Order No.9656812612 1 which expires on 0211912016, and is not for resale. User Notes: (1433881171) 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 [ NIA ] Litigation in a court of competent jurisdiction [ N/A ] Other (Spec) 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 N.E., Suite #180 Blaine, MN 55449 E -mail: brettbAics- consult .com Cellular: 612- 817 -9318 § 8.4 The Contractor's representative: (Name, address and other information) Mr. Andy Breth AIA Document Al OJT" -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 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:48:30 on 08/12/2015 under Order No.9656812612 1 which expires on 02/19/2016, and is not for resale. User Notes: (1433881171) Breth Zenzen Fire Protection 8053 Sterling Dirve, Suite 101 St. Joseph, MN 56374 E -mail: andy @bzfire.com Cellular: 320 - 266 -1489 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written 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 Date 000105 Certifications Page July 1, 2015 000110 Table of Contents 003000 Advertisement for Bids 003100 Available Project — 12 Information 004100 Bid Form 005000 Contracting Forms and — 23 Supplements 005100 Instructions to Bidders 007200 General Conditions of — 28 the Contract for Divisions 29 Construction § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Division 01 General Requirements July 1, 2015 Division 02 NOT USED Divisions 03 — 12 Technical Specifications Divisions 13 — 20 NOT USED Divisions 21 — 23 Technical Specifications Divisions 24 — 25 NOT USED Divisions 26 — 28 Technical Specifications Divisions 29 — 30 NOT USED Divisions 31 — 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 2 1 13 64 Pages AIA Document All 01 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.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 13:48:30 on 08/12/2015 under Order No.9656812612 1 which expires on 02/19/2016, and is not for resale. User Notes: (1433881171) Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages Addendum 01 July 7, 2015 30 Addendum 02 July 16, 2015 39 Addendum 03 July 22, 2015 3 Addendum 04 July 23, 2015 15 Addendum 05 July 24, 2015 6 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. AM 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 AL4 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 "NER(Signatuk)" tere into as of the ay and year first written above. .. "" ------ -- —CONTRACTOR (Signature) Gary Peterson, Mayor (Printed name an tle) OWNER (SignatureY Walter R. Fehst, City Manager (Printed name and title) Andy Breth, Partner (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 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 the maximum extent possible under the law. This document was produced by AIA software at 13:48:30 on 08/12/2015 under Order No.9656812612_1 which expires on 02/19/2016, and is not for resale. User Notes: (1433881171) N O N V J N C [} y Q N a L a C C N N C u U _c „ m to D7 U C M L U .m v d J E rn O U z v °v v� C K N O O � C r C N L N U O C M 111 0 to l0 W UMO]^ f".. 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