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HomeMy WebLinkAbout04/16/2024 08. Resolution authorizing a contract with Chervenell Construction Company for the MLK Jr Park Eastside Pool Project 2745 1 a, . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of:April 16, 2024 ITEM TITLE: Resolution authorizing a contract with Chervenell Construction Company for the MLK Jr Park Eastside Pool Project 2745 SUBMITTED BY: Scott Schafer, Director of Public Works Bill Preston, PE, City Engineer *Ken Wilkinson, Park and Recreation Manager SUMMARY EXPLANATION: The MLK Jr. Park Eastside Pool Project 2745 will provide for a public Aquatic Center located in east Yakima at MLK Jr. Park. The City of Yakima (City) used the procedure established by Washington State law for the bidding and awarding of public capital improvement project with Chervenell Construction Company being selected to provide construction in the amount of $9,770,000 plus Washington State Sales Tax(WSST), not to exceed $10,580,910.00. The Contract has been enclosed for City Council review. The project is funded by multiple sources, including state grants, ARPA funds, local funds, and private donations. As a reminder, as discussed during the April 9 Study Session, donations are timed to come in over 2024, 2025, and 2026, and there remains approximately $500,00 - $600,000 left to raise. From a spending standpoint (spenddown), the project will be paid out over an approximate 14 month period. Fundraising efforts, which have been quite successful to date, are expected continue and the goal of the privately funded portion of the project is expected to be reached. In that money will flow into the project a bit slower than the construction spenddown, the City will be required to advance City funds to fill the gap toward the end of the spend down. This will be accomplished utilizing fund balance or an interfund loan, to be paid back as the remaining are received. The City has sufficient resources to accomplish this, however, can wait to develop an exact strategy until closer to the time of need when more information is known. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building 2 APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution awarding the bid to Chervenell Construction Company. ATTACHMENTS: Description Upload Date Type Resolution 4/12/2024 Resolution a Contract 4/3/2024 Contract 3 RESOLUTION NO. R-2024- A RESOLUTION authorizing an agreement with Chervenell Construction Company for the MLK Jr Park Eastside Pool Project 2745. WHEREAS, the City of Yakima previously entered into a contract with NAC Architecture (R-2023-010) to provide aquatic pool design for the MLK Jr Park Eastside Pool Project 2745 (Project) under original contract number 2023-007, approved by the City Council and executed on January 4, 2023 by Resolution Number 2023-010; and WHEREAS, the Project consists of construction of a public swimming pool located in east Yakima area at 610 South 9th Street; and WHEREAS, the funding will be provided from a variety of funding sources including state grants, ARPA, Local Funds, and donations; and WHEREAS, the City of Yakima used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects; and WHEREAS, Chervenell Construction Company was determined to be qualified to perform the needed construction work; and WHEREAS, the contract will be null and void if bond, certificate, and required insurance certificate and endorsement are not received within specified timeframe; and WHEREAS, the Scope of Work and Budget included in this contract meets the needs and requirements of the City of Yakima for this Project; and WHEREAS, the City Council of the City of Yakima finds that entering into the contract with Chervenell Construction Company for construction of the MLK Jr Park Eastside Pool is in the best interests of the City and its residents; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Manager is hereby authorized to execute a contract with Chervenell Construction Company, attached hereto and incorporated herein by this reference, contracted amount plus Washington State Sales Tax (WSST) for a total not to exceed Ten Million Five Hundred Eighty Thousand Nine Hundred and Ten Dollars ($10,580,910) to provide construction services for work outlined in the contract for the MLK Jr Park Eastside Pool Project 2745. Section 2. The will be null and void if bond, certificate and required insurance is not received as outlined in the contract. ADOPTED BY THE CITY COUNCIL this 16th day of April, 2024. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 4 AIA Document A101® - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the sixteenth day of April in the year 2024 (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 Yakima AIA standard form.An Additions and 129 North 2nd Street Deletions Report that notes added Yakima,Washington 98901 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information Chervenell Construction Company and where the author has added to or 107422 E Detrick PR SE deleted from the original AIA text. Kennewick,WA 99338 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. The parties should complete Martin Luther King Jr.Community Park Pool 610 South 9d'Street A101�2017,Exhibit A,Insurance and Bonds,contemporaneously with Yakima,Washington 98901 this Agreement.AIA Document A2010-2017,General Conditions of The Architect: the Contract for Construction,is (Name, legal status, address and other information) adopted in this document by reference.Do not use with other NAC Inc. general conditions unless this 1203 West Riverside Avenue document is modified. Spokane,Washington 99201 (509)838-8240 The Owner and Contractor agree as follows. Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 1 American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 5 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 EXHIBIT A 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: (Check one of the following boxes.) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 2 American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 6 [X] Not later than three-hundred eighty (380 )calendar days from the date of commencement of the Work. [ ] By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date N/A N/A § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,liquidated damages,if any,shall be assessed as set forth in Section 4.5. 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 Nine Million Seven Hundred Seventy Thousand Dollars($9,770,000.00)plus Washington State Sales Tax,subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates,if any,included in the Contract Sum: Item Price Alternate No.2 Slide Tower&Dual $970,000.00 Runout Slides for Pool B § 4.2.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Agreement.Upon acceptance,the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance As allowed under the bidding documents § 4.3 Allowances,if any,included in the Contract Sum: (Identify each allowance.) Item Price Not Applicable(N/A) § 4.4 Unit prices,if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit($0.00) (N/A) § 4.5 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any.) Liquidated damages are as described in the AIA 201 General Conditions and Specification Section 007300 Supplementary Conditions The Contractor and Owner agree that the liquidated damages amount is not a penalty and is a reasonable estimation of actual damages to the Owner if they are not able to open the outdoor aquatic center for business for the full summer season session. § 4.6 Other: Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 3 American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 7 (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) N/A 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: Schedule per Contract Documents § 5.1.3 The Owner shall make payment of the amount certified to the Contractor as provided in the Contract Documents. (Federal,state or local laws may require payment within a certain period of time.) § 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 of values 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 In accordance with AIA Document A201 T"—2017,General Conditions of the Contract for Construction,and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 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;and .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017;and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 4 American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 8 Statutory retainage of five percent(5%)shall be withheld from all payments,unless the Contractor submits and the Owner accepts a retainage bond pursuant to RCW 60.28.011(6). § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage,such as general conditions, insurance, etc.) N/A § 5.1.7.2 Reduction or limitation of retainage,if any,shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications) Per statute and the Contract Documents. § 5.1.7.3 Except as set forth in this Section 5.1.7.3,upon Substantial Completion of the Work,the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) N/A § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor,the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 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 Article 12 of AIA Document A201 2017,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. § 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: 30 days after completion of all requirements for Final Acceptance listed in the A201-2017 General Conditions and Supplementary Conditions § 5.3 Interest 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) Per the Contract Documents ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017,unless the parties appoint below another individual,not a party to this Agreement,to serve as the 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.) Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 5 American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 9 N/A § 6.2 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ ] Litigation in a court of competent jurisdiction [X ] Other(Spec) Litigation in Superior Court in Yakima County,Washington If the Owner and Contractor do not select a method of binding dispute resolution,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. 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 A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201 2017,then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of or method for determining,the fee, if any,payable to the Contractor following a termination for the Owner's convenience.) N/A § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Ken Wilkinson 2301 Fruitvale Boulevard Yakima,WA 98902 (509)575-6005 Kenneth.Wilkinson@yakimawa.gov § 8.3 The Contractor's representative: (Name, address, email address, and other information) Brandon Mayfield,President Chervenell Construction Company 107422 E.Detrick PR SE Kennewick,WA 99338 Init. AIA Document A101-2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 6 American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 10 (509)735-3377 bmayfield@chervenell.com § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days'prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101T"_2017,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,Exhibit A,Insurance and Bonds,and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101T"—2017 Exhibit A,and elsewhere in the Contract Documents. § 8.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with AIA Document E203T—2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) Per the Contract Documents § 8.7 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101T"_2017,Standard Form of Agreement Between Owner and Contractor,as modified .2 AIA Document A101Tm-2017,Exhibit A,Insurance and Bonds .3 AIA Document A201 T"—2017,General Conditions of the Contract for Construction (Paragraphs deleted) as revised by the Owner including Supplementary Conditions.All references to the A201 or to the General Conditions are to the revised document. .4 Not used. .5 Drawings Number Title Date See attached Index of Drawings .6 Specifications Section Title Date Pages See attached Table of Contents .7 Addenda,if any: Number Date Pages 1 February 8,2024 25 2 February 15,2024 21 3 February 22,2024 36 4 February 29,2024 52 Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 7 American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 11 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identing the exhibit where required.) [ X] The Supplementary and other Conditions of the Contract (Paragraph deleted) Document Title Date Pages Project Manual dated January 19, 2024 (Paragraphs deleted) .9 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.ALA Document A201 T -2017 provides that the advertisement or invitation to bid,Instructions to Bidders, sample forms, the Contractor's bid or proposal,portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals,are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should be listed here only if intended to be part of the Contract Documents.) Department of Labor and Industries Prevailing Wage Rates/ As part of the same Project Manual dated January 19,2024,as stated in Section 9,the following documents are included as part of the Contract Documents:Invitation or Advertisement for Bids, Instructions to Bidders This Agreement entered into as of the day and year first written above. OWNER(Signature) CONTRACTOR(Signature) Dave Zabell,Interim City Manager Brandon Mayfield,President (Printed name and title) (Printed name and title) Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 8 American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 12 Additions and Deletions Report for AIA®Document A 101®— 2017 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08:15:01 ET on 04/03/2024. PAGE 1 AGREEMENT made as of the sixteenth day of April in the year 2024 City of Yakima 129 North 2nd Street Yakima,Washington 98901 Chervenell Construction Company 107422 E Detrick PR SE Kennewick,WA 99338 Martin Luther King Jr.Community Park Pool 610 South 9th Street Yakima,Washington 98901 NAC Inc. 1203 West Riverside Avenue Spokane,Washington 99201 (509)838-8240 PAGE 2 [ A date set forth in a notice to proceed issued by the Owner. PAGE 3 [X] Not later than three-hundred eighty (380 )calendar days from the date of commencement of the Work. N/A N/A Additions and Deletions Report for AIA Document A101-2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are 1 trademarks of The American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 13 § 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($ ),Nine Million Seven Hundred Seventy Thousand Dollars($9,770,000.00) plus Washington State Sales Tax,subject to additions and deductions as provided in the Contract Documents. Alternate No.2 Slide Tower&Dual $970,000.00 Runout Slides for Pool B As allowed under the bidding documents Not Applicable(N/A) (N/A) Liquidated damages are as described in the AIA 201 General Conditions and Specification Section 007300 Supplementary Conditions The Contractor and Owner agree that the liquidated damages amount is not a penalty and is a reasonable estimation of actual damages to the Owner if they are not able to open the outdoor aquatic center for business for the full summer season session. PAGE 4 N/A Schedule per Contract Documents § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month,tho The Owner shall make payment of the amount certified to the Contractor not later than the day of the month.If an certified shall be made by the Owner not later than ( )days after the Architect receives the Application for Payment.as provided in the Contract Documents. PAGE 5 Statutory retainage of five percent(5%)shall be withheld from all payments,unless the Contractor submits and the Owner accepts a retainage bond pursuant to RCW 60.28.011(6). N/A Per statute and the Contract Documents. Additions and Deletions Report for AIA DocumentA101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are 2 trademarks of The American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 14 N/A 30 days after completion of all requirements for Final Acceptance listed in the A201-2017 General Conditions and Supplementary Conditions Per the Contract Documents PAGE 6 N/A [X ] Other(Spec) Litigation in Superior Court in Yakima County,Washington N/A Ken Wilkinson 2301 Fruitvale Boulevard Yakima,WA 98902 (509)575-6005 Kenneth.Wilkinson@yakimawa.gov Brandon Mayfield,President Chervenell Construction Company 107422 E.Detrick PR SE Kennewick,WA 99338 (509)735-3377 bmayfield@chervenell.com PAGE 7 Per the Contract Documents N/A .1 AIA Document A101Tm-2017,Standard Form of Agreement Between Owner and CentFastofContractor,as modified .3 AIA Document A201Tm-2017,General Conditions of the Contract for Construction Additions and Deletions Report for AIA DocumentA101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are 3 trademarks of The American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 15 A AIA Document E203TM 2013,Building Information Modeling and Digital Data Exhibit,dated a;, (Insert the date of the E203 2013 incorporated into this Agreement.)as revised by the Owner including Supplementary Conditions.All references to the A201 or to the General Conditions are to the revised document. .4 Not used. See attached Index of Drawings See attached Table of Contents 1 February 8,2024 25 2 February 15,2024 21 3 February 22,2024 36 4 February 29,2024 52 PAGE 8 [ ] AIA Document E201TM 2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204 2017 incorporated into this Agreement.)X] The Supplementary and other Conditions of the Contract { ] The Sustainability Plan: Title Date Pages Document Title Date Pages Project Manual dated January 19, 2024 { ] Supplementary and other Conditions of the Contract: Document Title Date Pages Department of Labor and Industries Prevailing Wage Rates/ As part of the same Project Manual dated January 19,2024,as stated in Section 9,the following documents are included as part of the Contract Documents:Invitation or Advertisement for Bids, Instructions to Bidders Dave Zabell,Interim City Manager Brandon Mayfield,President Additions and Deletions Report for AIA DocumentA101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are 4 trademarks of The American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo c@aiacontracts.com. User Notes: (1464100981) 16 Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached fmal document simultaneously with its associated Additions and Deletions Report and this certification at 08:15:01 ET on 04/03/2024 under Order No.3104239382 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A101TM—2017,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:15:01 ET on 04/03/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo c@aiacontracts.com. User Notes: (1464100981)