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1996-068
y~ 1 RESOLUTION NO. 96- 68 APPROVAL OF AGREEMENT BETWEEN THE CITY OF STILLWATER AND GEORGE W. OLSEN CONSTRUCTION CO., INC. • • BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and George W. Olsen Construction Co., Inc., for Construction Management for City HalUFire Department Addition and Remodeling, hereto attached as Exhibit A, is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this 19th day of March, 1996. ATTEST: Mor Weldon, City Clerk Ja 1 , ayor .~ EXHIBIT "A" AIA Document A101/CMa Standard Form. of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1992 CONSTRUCTION MANAGER-ADVISER EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO !TS COMPLETION OR MODIFICATION. The 1992 Edition of AIA Document A201/Chla, General Conditions ojthe Contract for Construction, Construction Manager Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT _ day of February in the year. of made as of the Twenty Six (26) (!n urords, indicate daK month and year.) Nineteen Hundred Ninety Six (196b) BETWEEN the Owner: city of Stillwater (Name and address) 216 N Fourth S t . .Stillwater, MN .55082 and the Contractor: Geo. W. Olsen Construction Co., Inc. (Name and address) $OX 20 Stillwater, MN 55082 Fo[ the follOwirig PTOjeCt: Stillwater City Hall/Fire Dept. (lndude detailed description ojProject, location, address and scope.) Remodeling/Addition 216 N. Fourth St. Stillwater, MN 55082 The Construction Manager is: (Name and address) The Architect is: (Name and address) Gev. W. Olsen Construction Co., Inc. Box 20 Stillwater, MN .55082 BWBR 400 Sibley St. St. Paul, MN 55101 The Owner and Contractor agree as set forth below Copyrigh[ 1975, 1980, ©1992 by The American Institute of Arc Preto, 1735 New York Avenue, N W., Wash` ng` awOo he ~ red States anduwill subjcc[ ha violator ro or subsgntial quotation of its provisions without the written omission of the AtA violates the copy $h lcgai pcosccution. AIA DOCUMENT A101lCMa • OWNER•CONTRACTOR AGREEMENT, CONSTRUC'riON 1735 NEW YORK AVENUE N~77.~WASEiOINGTON,HD.G Z00(X>5292~~1VARN NG: Unlicensed __.....:u •..t,ter, fha vlelater to 12001 ptosectttlOn. A101/CMa-1992 1 ~. AAT~ 1 -- THE CONTRACT DOCUMENTS The Contract. Documents consist of this A~suehe riot to executi+m t di s)Agreement,eother do)cum n srlisted intth'S Agree- cions), Dra\vings, 5peciticatk)ns, Addenda P merit and ~1Odifications issue ncforrreY e ced herein'STher C( ntracthepresents hhe entire and inregr-atedlagreement between the as iF attached to this Agreeme P patties hereto and supersedes prior nel;otiations, representations or agreements, either written or oral. An enumeration of t ie Contract. Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Wortk Sebsi,tlbeof lothersCor as folDlowsments, except to the extent specifically indicated in the Contract Documents to be the p See page 4t`3 -item 464.3 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLE710N 3.1 The dale of commencement is dle eatunle s different d~e is stated bet ~v org provision imnr.[deef(>r tl a date bo beef ed of this- agreement, as first written abo , in a notice to proceed issued by the Owner. . (lasf•rt tt>e dare nJ" [um+nrncrment. eJ it di/Jivs Jrunr Nx' done ,~( this .~gree+nen+ nr. r u ~ licah(e..akue thut the• dare trill b~ fi.crd D+ a +eutice (u /+roi ee~ . rn Unless the date of commencement' imsteblin writing n(xtless thanrtfive days he re clomO ens nglthe iYurktt> permit the timely pwner, through the Construction ,1 g , filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shalt achieve Substantial Completion of [he entire Work not ia[er than (h+sert the ta(endar dote nr+rumher of ~a(er+dar d+n's after fhe dote of cunvnencement. ,-I/sa insert anp reyuiremerns Jor ear/irr Suh,.•tantial Cnmp(etiur+ aJ'cer(ain nurtGr+c; of the Work, ij rtat stated elsru'bere in the Cuntratt D+iruu+ents.l March 1, 1997 subject to adjustments of this Contract Time as pro\•ided in the Contract Documents. (fasert prvn•isiuns, if urn•. Ji+r li~p+iduted c(arr+aj;rs ri•(utinK m Juihrn• to mn+p(eu un tin+eJ There are no liquidated damages. AIA DOCUMENT A1o1lCMa O\Y'NtiR-CON-1'x:\l"rOx At~xGEUIiNI', CUNS~'xUCI'!(~N ~6\N.ut(?x.AUV1SEx IiDITION • :\Ih' • ~71`r+' • T1tE:WiF.xIGN`N~.~tW~RNING'xUnllcensed t-;; VF:\Y' voxl::\~'ENt!F.. N.W.. VG,LtiiI1NC;Tl~N, D.(:. IHSN.;_>_ ~' rosecutfon. .,_... +,...e ~.,d will subject the violator to leg P A1011CMa-1992 2 •i •i ` l ARTfCLE 4 CONTRACT' SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Five Hundred Twenty Seven Thousand Six Hundred Twenty & no/100-------------- Dotlars (S 527,620.00 }, 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: (Stare the numbers or other identification of accepted alternates. /j decisions on other alternates are to be made by the Owner subsequenr to the execution of Ibis Agreement, attach a schedule of such other alternates showing the amounr for each and the date until which that amount is valid.) None accepted. 4.3 Unit prices, .if any, are as follows: See attached ye'_?ow report dated 2/20/96 for. GWO's items _ iuc?uded: Report Pa e(s) Item A??owance Notes 1.) ACS & ~>`6 General Conditions $165,51b.00 ~~1 2.) ~i6 Demolition $143,687.00 ~r`2 3.) ~t6 Carpentry $ 33,155.00 4~2 4.) ~~6 Vapor & Air Barriers $ 12,000.00 ~~2 (Spec. Section ;<~07190) ~) ~~6 GWO Fee $173,262.00 4~3 Total $527,620.00 Notes #1: General Conditions is for constructs ion management/administration. 4r`2: GWO wig'- perform these items because competitive bids would have been higher than GWU a2?owances and therefore would not have been in the best interest of the City of Stillwater. 4r`3. GWO Fee of $173,262.00 breakdown is as follows: 3.1 Thru bid date $ 57,748.00 3.2 Construction Administration $115,514.00 AlA DOCUMENT AW1lCMa OWNER-CONTR.~CTOR AGREEMENT, CONSTRUCTION MANAGER-.ADVTSER EDITION • AfAA • ©1992 • THE AMERIGN INSl'ITUTE Of ARCHITECCS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON, D:G 2(xxXri292 WARNING: U~Ilcensed ..:u ...i.ta..e ,hs vinlnfnr M Iwnal oresaCirtlOtl. A101/CMa-1992. 3 ti~ ARTICLE 5 ------- PROGRESS PAYMENTS 5.1 Based upon Applications foc Payment submitted by the Contractor to the Construction Manager, and upon Project Appiica- tionsand Certificates for Payment issued by the Construction Manager and 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, Or aS fU!lUwS: Contractor to submit pay request to City of StiZZwater no/or before the 1st of each month. 5.3 Provided an Application for Payment is submitted to the Construction ,ylanager not later than the 1st daY of a month, the Owner shall make payment to the Contractor not later than the day of the 1 S th month. If an Application for Payment is received by the Construction Ma 55 er allays afterphe cation date fixed above, pa}'ment shall be made by the Owner not later than 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 Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Wock and. be prepared in such form and supported by such data to substantiate its aceuraty 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 for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered b}• the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Takr that portion of the Contract Sum property allocable to completed Work as determined by multiplying the percentage completion of each portion of the Wock by the share of the total Contract Sum allocated to tha~popendinf finalwdetecmina- Schedule of Values, less retainage of Ten percent ( 10 )• g tiun of cost to the On•ner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 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 incorp<)ration in the completed construction (or, if approved in advance by the Owner, suitab110to%d off the site at a location agreed upon in writing), less retainage of Ten percent ( ) 5.6.3 Subtrtrt the aggregate of previous payments made by the Owner, and 5.6.4 Subtrtct amounts, if atn•• for which the Construction Manager or Architect has withheld or nullified a Certificate for Pay- ment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress pa}•ment amount determined in accordance with Paragraph 5.6 shall he further modified under the following circumstances .5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety Five percent ( 95'!x) 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 no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or -itnitation of retainage• if anv, shall be as follows: (l( it ix inu•ndec(, Prim to ~ulra'+ruuicd Cumlrletion nj the entire Wnrk, to reduce ur limit the relau+aRe res+rlti+tg Jr~rm the percer+tngea inserted ire Subparagraphs i.G.l uruf i. b.? crlxrre a+nd /h+x is nut erpk+ined elseu•bere iu the Eoruruc( Doacrrre+us, u+sert here prrrrisiuns Joe such reduction ur lineiuefir»r.) •I A101/CMa-1992 4 AlA DOCUMENT A101/CMa • l)\~'NFR-CONTRACTOR AGREEMENT. CONtiTRL'CTION \IAVA(~ER~\DViSER Et~lT1l1V • AIA~" • ©1~K)Z • Ti1F.:4\1F.R1(:AN lNST1Tl'TE OF ARCHITECTS. 1'i; NF.\\• YORK AVF.NI'E. V\\'. \C'.\CIIINGTI)N. D.L. 'INMMi•;2~)L WARNING: Unlicensed photocopying violates U.S. copyright taws and will subleact the violator to legal prosecution. 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 (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconform- ing Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2} a fins! Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: (3) Within Forty Five (45) days after contractor's completes punch list. ARTICLE 7 MISCELLANEOUS PROVISIONS A101/CMa-1992 5 7.1 Where reference is made 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 ocher provisions of the Contract Documents. 7.2 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 tau of Interest agreed upon, ij any.) 13ot applicable. (Usury taws and requirements under the Federal Tiuth in Lending ,tct, similar state and local consumer credit laws and other regulations at the O+e>ner's and Contracmr's principal places of business, the location of the Project and elsewhere may aJject the validity of this provision. Leger! advice sl~uu/d he ohtained witb respect to deletions or moctijications. and also regarding requirements such as written disclosures or waic•ers.) 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are dtjjerent jrom or in addition to those included elsewhere in the Contract Documents.) 7.4 Other Provisions: (Here fist any special provisions ajjecting the Contract.) AIA t30CUMENT A1011CMa OWNER•CONTRACTOR AGREEMENT, CONSTRU('TION MANM.aER-ADVISER EDITION •AIA'" • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 *tEW YORK AVENUE, N W., WASHINGTON, D.C. 20ooCr5292 WARNING: Unlicensed photrxapying violates U.S, copyright lawn and will a++bie~ the violator to legal pronecutlon, ARTICLE 8 - - TEAMINATION OR SUSPENSION 8.1 The Contract may be terminated ny the Owner or the Contractor as prcrvided in Article I~+ of the General Conditions. 8.2 The Work may he sus{)ended by the Owner as provided in Article 14 of the General Conditions• ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documen[s, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this execu[ed Standard Eorm of Agreement Between Owner and Contractor, AIA Document AlOilChia, 1992 Construction Manager•Adviser Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/Chta, 1992 Cunsuuction Managec-Adviser Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January 3, 1996 ,and are as follows: Document Title Pages Specifcations as prepared by Architect BWBR 9.1.4 The tipeeifications are those contained in the Project Manual Mated as in S[d)paras~raph x).1.3. and are as follows: (EiKt•r lief fbe .ti(n•[•ificulinaz b[•rr nr r[yi•r hr cm ra'hihil crttcrdmd fn rbis ajtr-[•enr[•xf.) Title Pages Section Specification as prepared by Architect, BWBR dated January 3, 199b •I AIA DOCUMENT A101lCMa O~Y'NER-CONTRACT[)K :\GRGE~11?Nl'. Cl)NtiTRI•C:71<)N ~t~,~cx(:ex:ao~~lsiat Fnrrlo~ • .~In~* • ~`t`x) ~ • Tits •~~It.Ric_~N tNSrITt~Tr. oh nittanrec rs. A101/CMa-1992 6 i-s; VIi~C' 1'l)RF ;~~'6Nt'F.. N~Y'.• ~'t:L~IINGrt)N. I)S:. Z~eNk~~_rc)' WARNING: Unflcensed ~otocopying violates U.S. copyright laws and wilt subject the violator to legal prosecution. 9.1.5 The Drawings are as follows, and are dated (Either fist the Drawings here or refer to an exhibit attached to this Agreement) ~_ Number Title 1. Archir_ectural 1.1) Al thru A15 1.2) A7.A & A9.A 2. Landscape Plan 2.1) L1 3. Survey 3.1) No Number 4. Structural 4.1) S1 thru S16 S. Mechanica? S. 1) M1 thru M16 (There is no M10) 6. E?ectrica? 6.1 E1 thru E16 9.1.6 The Addenda, if any, are as follows: Number Date ~~1 1/26/96 1~2 2/1/96 1~3 2/6/96 unless a different date Ts shown below: Date 1/3/96 1/3/96 12/20/95 10/6/95 1/3/96 1/3/96 1/3/96 Pages 7 31 3 Portions of Addenda relating to bidding requirements are nut par[ of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101/CMa OWNER-CONI'R:\CTOR :\GREEIIF:NT. CONSTRUCTION MANAGER-ADVISER EDITION • :\IA'~ • ~11`A11 • TiIE :\hIERIG\N INSTITI!l'E OF ARCI In't?(1:ti, I'+; NIiW YORK A\'F.NI'F.. N\r'. VGS\SIIINGTON. DC '~HHK~~-">' WARNING: Unlicensed _ ~ _.____.,__ ..,_,...__ „ r .....-..,..~. ,..,... ,..a ,.,al .nnicef thw violator to legal oroseCUtlon. A101/CMa-1992 7 9.1.7 Ocher documents, if any, forming part of the Contract Documents are as follows: (List here any additional drn:uments mhlcB are intended to j«rm parr nj the Contract Dxuments. Tlie General Conditions provide that Bidding requirements such cLC adt'errisement tar invitatiwr ro Bid. lnstructiuns m Bidders. sample forms and the Conlracmr's Brd are not part of the Contract Documents unless enumerated in rbrs .agreement. They s)xiuld he listed here only Ij intended to he port of the Contract Documents.) Insurance certificate, naming City of Stillwater as Certificate Holder, trust be submitted in Duplicate. If furnishing labor on this project, you must show Workmans Compensation Coverage. See attached 2/20/96 yellow report: 2.1 Total Contract is: 2.2 Cost Breakdown: A. GWO Contract B. Contractors' contracts direct with the. City of Stillwater Total $3,238,512.00 $ 527,620.00 $2,710,892.00 $3,238,512.00 This Agreement is entered into as of the da~• and year first wcitten above and is executed in at least four original copies of which one is to be delivered to the C<~ntractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. C] OWNER .City of Stillwater. CONTRACTOR George W. 0?sen Construction Co., In (Signetrrre/ (Signature) ,~ •a ., „~,~ ,~ d l.t~ a Pie qtr; o~ f• (Yrintea! name «nd title) (Printed name and title) - ' fiC3$'Nll~ i1Ct iC~ G1+~•~~ir~:~ 8j i?l~`,i ~C::'~7,',v~'1~it LC:.; ~:i."^. r° T~7~J'.•~.~.li."d: ,(i •~,. c.ricinal ass .r~:,v'hat ^s ..:. , •~-}y t a: ,., + s 1 ?~ 2 2 °~rCGiUC:1Cri Ci `i.i3'~.'yC'~rf;~~t. -,+_-...' Saa .ra,:.:c.,o„ S,:ss. ,cr _init Lic rs fo• AIA DOCUMENT A1011CMa OVGNF.R•f.ONTRM:TOR AGRF:Et~tENT, CONSTRUCTION ~IrlN,1GERY\DVISER L'DIT10N • .a-~.`~ • ©1~~2 • T}lE •~:\-ERIC:IN INSTITUTE OF:tRCHITECTS. ~-~; VE\G YORK AVL'NL'E. N.vv.. WAS1I-NGTON, D.l;. ?~nWK*i2y2 WARNING: UnNcensed ~.,.._ ..,..,.....- r. c ..-.-..a..,., t-...e ~nA will euhiect the v101atOt t0 IeOai PtO3eCtrt10t1. •i A101/CMa-1992 8